Ordinance 020-2001
ORDINANCE NO. 020 2901
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-309 (FENCES); PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
AND DIRECTING THE CLERK OF THE COURT OF THE BOARD
TO FORWARD A CERTIFIED COpy OF THIS ORDINANCE TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during a regular
meeting held on April 19, 2001, conducted a review and consideration of the request for an
amendment to Section 9.5-309 (fences) of the Monroe County Code to allow fences to be higher
than four feet in rural areas and where unsafe conditions may exist for residents to feel safer; and
WHEREAS, planning staff has also revised Section 9.5-309 to include other changes as
well as reorganize the entire section; and
WHEREAS, the Planning Commission, Development Review Committee, and Growth
Management Staff all support and recommend approval of this text amendment as indicated in
Resolutions P6-0 1 and D 18-00; and
WHEREAS, the Board of County Commissioners examined the proposed amendment to
Section 9.5-309 (fences) of the Monroe County Code submitted by the Monroe County Growth
Management Division and recommended by the Monroe County Planning Commission; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Planning Commission and recommendations of the Growth Management staff;
and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
cCO.NMISSI~NERS OF MONROE COUNTY, FLORIDA, THAT
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8;e<::.&n fi .1~Section 9.5-309 of the Monroe County Code is amended to read as follows'
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Page 1 of 5
C:\Colleen\Ordinances\Fences\REAL final 9.5-309 Fences BOCC Ordinance 032701.doc
Initial
Sec. 9.5-309. Fences.
It is the purpose of this section to regulate fences and free-standing walls in order to protect
the public health, safety and welfare.
(a) Height: In general, all fences shall be measured from the highest point of any lot and
shall not exceed six (6) feet in height except as follows:
(1) No fence shall exceed four (4) feet in height within any front yard setback or within any
side yard setback when such a yard is adjacent to a public street, except as follows:
a. Within all land use districts, fences of five (5) feet in height may be permitted if
constructed of chain link;
b. Within land use districts DC, SC, I, MI, and AD, fences may be constructed to a
height of six (6) feet;
c. Within land use districts IS, SR, SR-L, SS and NA, fences may be constructed to
a height of six (6) feet provided that no other residentially developed property is
located within two hundred (200) feet of the subject property;
(2) No fence exceeding three (3) feet from the natural grade immediately adjacent to the
fence shall be located within a clear sight triangle as defined by this chapter consistent
with the requirements of bufferyards that interferes with the safe and adequate view of
vehicles and pedestrians utilizing streets and sidewalks;
(3) When it is necessary to use a fence to contain athletic activity, the fence may exceed six
(6) feet to a maximum of twelve (12) feet, and be designed not to impair visibility; and
such fences shall be subject to a minor conditional use approval.
(b) Setbacks: In general, fencing may be located anywhere on the property, including the
property line, except as follows:
(1) The use of a fence shall not negate bufferyard requirements and standards; however,
fences may be located within required bufferyards provided that they are located along
the inside or outside edge of the required bufferyard, and existing native vegetation
provides the cover in the required bufferyard. No clearing will be permitted to facilitate
the construction of fences located within a required bufferyard except as provided above;
(2) No fence shall be placed so as to extend into or through any wetlands or water bodies, or
extend beyond the mean high tide line on any property. Fences placed on any structure
shall not violate height requirements for that structure. In no event shall fences be
approved if they restrict fire and emergency access to individual or adjacent properties;
(3) Setback requirements for Big Pine and No Name Key are listed in Section 9.5-309 (c).
Page 2 of 5
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Initial
(c) Big Pine and No Name Key: The purpose of this section is to recognize and provide for
the particular habitat needs of the Florida Key Deer (odocoileus virginianus clavium) on Big
Pine Key and No Name Key. Whereas Big Pine Key and No Name Key serve as the core area or
center of the Key Deer population, where the majority of the Key Deer population is located
during some part of each year; and whereas the Key Deer depends upon the ability to move
freely and safely throughout its range as well as the ability to have access to natural habitat for
the purposes of feeding, watering, resting, birthing, and other activities necessary to carry out its
life history; and, whereas the concentration of development and human activity on Big Pine Key
and No Name Key have the greatest effect on the short and long term survival of the Key deer, it
is hereby the intent of this section to limit fences on Big Pine Key and no Name Key so that deer
movement throughout Big Pine Key and No Name Key is not hindered while allowing for
reasonable use of minimal fencing for the purposes of safety and protection of property. In
addition to all other standards set forth in this section, all fences located on Big Pine Key and No
Name Key shall meet the standards of this subsection as listed below:
(1) In the Improved Subdivision (IS) land use district, fences shall be set back as follows:
a. On canal lots, fences shall be set back at least fifteen (15) feet from the edge of
abutting street rights-of-way; and built to the edge of all other property lines or as
approved through a U.S. Fish & Wildlife Service coordination letter;
b. On all other lots, fences shall be set back at least fifteen (15) feet from the edge of
abutting streets rights-of-way, at least five (5) feet from side property lines and at
least ten (10) feet from the rear property line.
(2) In all other land use districts, fences may enclose up to a maximum of and not to exceed
the net buildable area of the parcel only;
(3) Enclosure of the freshwater wetlands by fences is prohibited;
(4) All fences shall be designed and located such that Key deer access to native habitat,
including pinelands, hammocks, beach berms, saltmarshes, buttonwoods and mangroves
is maintained wherever possible;
(5) All fences shall be designed and located such that Key Deer corridors, as identified by the
U. S. Fish and Wildlife Service, shall be maintained;
(6) Fences shall not be permitted without a principal use except where the enclosed area
consists of disturbed lands or disturbed land with exotics.
(d) Use: Fences may be allowed as accessory uses within any land use district and without a
principal use existent where upland security is required as otherwise permitted in Section 9.5-
288.
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Initial
(e) Construction Material: Fences may be constructed of natural or manmade materials,
including but not limited to brick, lumber, stone, metal, plastic, concrete and masonry:
(1) All materials shall be approved by the planning director as in conformance with the
visual character ofthe surrounding neighborhood and community character.
(2) No barbed or razor wire shall be permitted except in the Industrial (I) and Airport (AD)
districts with the approval ofthe planning director.
(f) Attachments to Fences: No attachments to fences shall be allowed, including but not
limited to, banded and ribbon wire, signs projecting above six (6) feet from the ground level,
broken glass or metal strips except as a minor conditional use approval. The only exception shall
be a maximum of two (2) electrical lights attached to the fence not exceeding two (2) feet in
height above the maximum height limit. These lights shall comply with all requirements of
division 12 (outdoor lighting) and be permitted as of right.
(g) Required Permit: All fences shall be constructed pursuant to a building permit issued by
the Monroe County Building Department.
(h) Limited clearing: To allow construction of protective fences and gates, limited clearing
may be permitted if the following design standards have been met:
(1) Such limited clearing does not occur in scenic highway corridors established and adopted
in this chapter;
(2) Limited clearing shall not remove native vegetation that would provide for the minimum
buffer required in division 11, section 9.5-375, of this article;
(3) Existing tree canopies within hardwood and pinel and hammocks are not removed.
(i) Maintenance: All fences shall be maintained in good repair at all times.
Section 2.
If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such validity.
Section 3.
This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
Section 4.
This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
Page 4 of 5
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Initial
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 19th day of April, A.D., 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
yes
no
yes.
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MO~E COUNTY, FLORIDA
BY~ ij-,e ~~d
Mayor Neugent
~
ST: DANNY KOHLAGE, CLERK
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Page 5 of 5
C:\Colleen\Ordinances\Fences\REAL final 9.5-309 Fences BOCC Ordinance 03270 1. doc
Initial
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
May 11, 2001
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Via Certified Mail 7099 3400000591186794
Dear Mrs. Cloud,
Enclosed please a find certified copy of the following:
Ordinance No. 020-2001 amending Monroe County Code Section 9.5-309 (fences);
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for the incorporation into the Monroe County Code; and directing the Clerk of the
Court of the Board to forward a certified copy of this Ordinance to the Florida Department of
Community Affairs and providing an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on April 19, 2001. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock
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Deputy Clerk
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DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough County
Preservation Board
FLORIDA DEPARTMENT OF STATE
Katherine Hams
Secretary of State
DIVISION OF ELECTIONS
RINGLlNG MUSEUM OF ART
May 16, 2001
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated May 11, 2001 and certified copY of Monroe County
Ordinance No. 020-2001, which was filed in this office on May 15, 2001.
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.fl.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No. DCAOI-OR-I03
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
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In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 020-2001
FINAL ORDER
The D\::pa.-tmciit of COffiil1iliUty Affairs (the "Department") hereby issues its Final Order,
pursuant to ~~ 380.05(6) & (11), and ~ 380.0552(9), Fla. Stat. (2000), regarding a land
development regulation adopted by a local government within the Florida Keys Area of Critical
State Concern as set forth below.
FINDINGS OF FACT
1. On May 21,2001, the Department received for review Monroe County Ordinance No.
020-2001 which was adopted by the Monroe County Board of County Commissioners ( "Ord.
020-2001 "). Ord. 020-2001 revises the fence regulations to allow higher fences in some
situations.
2. Ord. 020-2001 is consistent with the County's Comprehensive Plan.
CONCLUSIONS OF LAW
3. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. g~ 380.05(6) & (11), and ~ 380.0552(9), Fla. Stat. (2000).
DCA Final Order No. DCAOI-OR-I03
4. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9380.0552, Fla. Stat. (2000) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
5. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. 9 380.031 (8), Fla. Stat. (2000). The regulations
adopted by Ord. 020-2001 are land development regulations.
6. All1and development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles"). The Principles are construed as a whole and no specific provision is construed or
applied in isolation from the other provisions. 9 380.0552(7), Fla. Stat. (2000).
7. Ord. 020-2001 promotes and furthers Principle (a), "To strengthen local government
capabilities for managing land use and development so that local government is able to achieve
these objectives without the continuation ofthe area of critical state concern designation;"
Principle (c), "To protect upland resources... wildlife and their habitat," Principle (f), "To
enhance natural scenic resources, promote the aesthetic benefits of the natural environment, and
ensure that development is compatible with the unique historic character of the Florida Keys;"
and Principle (1), "To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintain the Florida Keys as a unique Florida resource."
2
DCA Final Order No. DCAOI-OR-I03
8. Ord. 020-2001 is not inconsistent with the remaining Principles. 9380.0552(7), Fla.
Stat. (2000). Ord. 020-2001 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 020-2001 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
J. OMAS BECK, DIRE OR
DivIsion of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARlNG.
IF YOUR PETITION FOR HEARlNG DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
3
DCA Final Order No. DCAOI-OR-I03
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND ill, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUbSTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
4
DCA Final Order No. DCAOI-0R-I03
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned Agency Clerk of the Department of Community Affairs, and that true ~ correct
copies ave been furnished to the persons listed below by the method indicated thi~ day of
<.t(. ,2001. , () .
4aUe~Lr :;'jl-,
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable George Neugent
Mayor of Monroe County
500 Whitehead Street
Key West, Florida 33040
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagencv Mail:
Michael McDaniel, Growth Management Administrator, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
5
"urlcipal Code Corooratlon
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~211ahas5ee, Fl 3231h-l~35
Supplement 73 08!1~12001
We have received the follo~ing material thfQUQh
hard copy. Thank you for your assistance and
cQ.::~e{at ion.
Ordinance Nos. 020-2001. 028-2001 and 029-2001.
800-2E2-2633 fax 850-575-8852 BJJ
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TO:
Ms. Pamela 6. Hancock
Clerk to Circuit Court
Monr oe C')'Jnt y
500 Whitehead Street
Key West~ rL 33040
---------------'-------