Buying
a Home in the Florida Keys
As you may be aware, the environment that makes the Keys so attractive
to thousands of people is a fragile environment the requires considerable
attention to protect its health and beauty. This fact has created a
requirement for close management of all activities that have or might
have negative impact on the environment now or in the foreseeable future.
The result is a number of "unique to the Keys" regulations
and procedures concerning property ownership. They are provided for
information purposes of broaden your understanding of what is invalided
when purchasing property in the Keys.
Flood Insurance:
The buyer must determine the insurability of the property against flood
damage by seeking the advice of a qualified insurance agent. Structures
built before January 1, 1975 (pre-firm) are subject to rules governing
substantial and non-substantial improvements to pre-firm structures
which may limit the reconstruction, rehabilitation or addition to
the pre-firm structure. Structures built after January 1, 1975 that
has enclosures below the Base Flood Elevation (BFE) are typically
not habitable. The existence of habitable space below the BFE may
require demolition or an increase in insurance premium. Buyers should
contact the Monroe County Federal Emergency Management Coordinator
or the City of Key West, City of Key Colony Beach, City of Layton,
City of Islamorada and City of Marathon to ascertain how these rules
may impact on the property of interest.
Coastal Barrier Resources System Act (CBRS):
Certain properties in Monroe County may be affected by the Federal
Coastal Barrier Resources System Act or proposed amendments. For
information contact the United States Department of the Interior,
the Monroe County Planning Department or your legal representative.
Property so designated is not eligible for federally subsidized flood
insurance as well as other benefits.
Land Use Disclosure:
Due to the unpredictable and constantly changing status of the municipal,
county and state regulations for property developments in Monroe
County each buyer should contact the appropriate local government
department(s) to determine how the subject property may be affected
by the Comprehensive Plan and the action necessary to ensure compliance
with the plan. Additionally, a property may be affected by restrictive
covenants in the form of deed restrictions, Homeowners Association
Rules & Restrictions, etc. Every Buyer needs to inquire about
them. They also should inquire into state and local governmental
zoning and land use regulations and restrictive covenants to determine
whether the subject property is in compliance with all state and
local government laws, codes and ordinances, and restrictive covenants.
Monroe County Growth Management Division, 305-289-2500 Key Colony Beach
Building & Zoning, 305-289-0247 City of Key West, 305-295-1000
City of Layton, 305-664-4667 City of Islamorada 305-664-2345 City of
Marathon, 305-289-2501
Monroe County Year 2010 Comprehensive Plan:
The use of the property may be affected by the Land Use Plan, enacted
September 15, 1986, revised 1/96 with subsequent revisions due every
five (5) years hence or the availability of utilities and sewage
disposal now or in the future. The transient rental of single-family
residences in I.S. districts has been questioned by Monroe County
and regulation by Local or State government may restrict such rentals
in certain areas. Properly functioning septic tanks are the minimum
permissible on site sewage disposal systems (OSDS). An allocation
ordinance exists which limits the number of building permits issued
for residential dwelling units. Prior to signing a contract, seek
legal counsel or consult with the Monroe County Planning and Zoning
Departments. Monroe County is an area of State Critical Concern that
heightens the degree of regulation by the State of Florida.
City of Key West Land Use:
The City of Key West has debated the definition of vacation rentals
and implementation of legislation to regulate, license, permit or
prohibits within the City limits of Key West. If a Buyer is considering
renting their property they should discuss the status of this issue
with the Key West Planning Dept. to understand its impacts on the
Buyer's proposed use of the property.
Non-Conformities:
Structures and uses that do not conform to uses provided for in the
land use category that the property or use is located in are considered
non-conforming. Such uses and structures are currently allowed to
continue but they are not allowed to be expanded, enlarged or continued
if substantially destroyed (more than 50% of the value of the structure).
Zoning together with the uses provided there under which do not conform
to the future Land Use Designations are considered non-conforming.
Furthermore, non-conformities are jeopardized if abandoned. Buyers
should to seek legal counsel or consult with the Monroe County Planning
and Zoning Department to determine whether a property is non-conforming
today or may be in the future.
Radon Gas:
Radon is a naturally occurring radioactive gas that, when it has accumulated
in a building in sufficient quantities, may present health risks
to persons who are exposed to it over time. Levels of radon that
exceed federal and state guidelines have been found in buildings
in Florida. Additional information regarding radon and radon testing
may be obtained from your county public health unit. Pursuant to
404.056(8), Florida Statutes.
Energy Efficiency Rating:
The Purchaser may have the Energy Efficiency Rating of the building
determined at buyers expense by a person certified by the Department
of Community Affairs.
Concrete Disclosure:
Various concrete structures in the Keys have been found to contain
excessive levels of Chloride. This has caused a condition known as
spalling which results from the rusting and expansion of steel rebar
which reinforces the concrete.
Sewage Disclosure Form:
The City of Marathon and unincorporated Monroe County have taken steps
to upgrade to central sewer systems. For questions regarding the
timing of the upgrades or estimated hook-up fees, contact:
Monroe County Health Department
3333 Overseas Highway
Marathon, FL 33050
(305) 289-2450
City of Marathon
10045-55 Overseas Highway
Marathon, FL 33050
(305) 743-0033
Lead Base Paint Warning:
For homes, apartments or condominiums built prior to 1978. Every purchaser
of any interest in residential real property on which a residential
dwelling was built prior to 1978 is notified that such property may
present exposure to lead from lead-based paint that may place young
children at risk of developing lead poisoning. Lead poisoning in
young children may produce permanent neurological damage, including
learning disabilities, reduced intelligent quotient, behavioral problems
and impaired memory. Lead poisoning also poses a particular risk
to pregnant women. The seller of any interest in residential real
property is required to provide the buyer with any information on
lead-based paint hazards from risk assessments or inspections in
the seller’s possession and notify the buyer of any known lead-based
paint. A risk assessment or inspection for possible lead-based paint
hazards is reconverted prior to purchase
Wouldn’t it be nice to vacation here and
not have to leave?
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