Ordinance 005-2015 1 .
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7. MONROE COUNTY,FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 005 -2015
10. .
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 101-1, DEFINITIONS; AMENDING MONROE
14 COUNTY CODE SECTION 130-4, TEMPORARY EMERGENCY
15 HOUSING; ESTABLISHING. MONROE COUNTY CODE
16 • . SECTION . 130-5,. TEMPORARY USES; ESTABLISHING
17 . REGULATIONS CONCERNING TEMPORARY HOUSING
18' ASSOCIATED WITH CAPITAL IMPROVEMENT PROJECTS,
19. ESTABLISHING REGULATIONS CONCERNING TEMPORARY
20 USES IN THE LAND DEVELOPMENT CODE, PROVIDING FOR
21 SEVERABILITY; .PROVIDING FOR REPEAL OF CONFLICTING
22 .. PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
23 STATE LAND PLANNING AGENCY AND THE SECRETARY OF
24 STATE; PROVIDING FOR CODIFICATION; PROVIDING FOR
25 AN EFFECTIVE DATE.
26
27. WHEREAS, temporary uses are; defined within. Monroe County Code Section- 101-1;
28 .: however despite being defined,there is no approval process provided in part I or part II; and
29
30
31 WHEREAS, temporary structures may be permitted'in accordance with Monroe County
32 Code Section 6-112, which is located in part I (Chapter .6 pertains to Buildings and
33 Construction). The approval of temporary uses is referenced in Monroe County Code Section 6-
34 .112, but it does not provide'a specific process or review criterion. It has been interpreted that a
35 temporary use may be permitted with a temporary structure; however this interpretation does not
36 capture all scenarios in that some temporary uses do not require temporary structures;-and
37
38' . .
39 WHEREAS, this ordinance addresses temporary housing needs associated with long-term
40 . capital improvement projects; and
41
42.
43. WHEREAS, this ordinance establishes a defined approval process for temporary uses, as
44 - well as criteria for such temporary uses; and
45'
46
Page 1 of 12
1 ' WHEREAS,the.Growth Management Division proposed a consistent, related amendment to
2 the text of Monroe County Code Section 6-112 that addresses temporary structures;.and.:
3
4'
5 WHEREAS,, the Commission makes the following Conclusions of Law: 1) the
6. :ordinance/text amendment is consistent with the Principles for Guiding Development in the
7. Florida Keys Area of Critical State Concern; 2) the ordinance/text amendment is consistent with
8 the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance/text
9 amendment is consistent with the provisions and intent of the Monroe County Code; and.
10
11
12 WHEREAS, during a meeting held on July 30, 2013, the Monroe County Development
13 Review Committee reviewed the ordinance and recommended approval to the Board of County
14 Commissioners; and
15 .
16
17 WHEREAS, during public hearings held on September 25, 2013 and September 24, 2014,
18 the Monroe County Planning Commission reviewed the ordinance and recommended approval to
19 the Board of County Commissioners; and
20
21
22 WHEREAS, as this text amendment affects permitted uses, two public hearings are required
23 prior to any approval._The first public hearing was on December 10, 2014 and the second.public
24 hearing was on January 21, 2015;
25
26.
27 NOW, THEREFORE, BE. IT ORDAINED BY THE MONROE COUNTY BOARD OF
28 COUNTY COMMISSIONERS:
29
30:
31 Section 1. Section 101-1 of the Monroe County Code shall be amended as follows:
32
33
34 Sec. 101-1.Definitions.
35
36
37. The following words, terms.and phrases, when used in this Land Development Code, shall
38 have the meanings ascribed to them in this section, except where the context clearly indicates
39 ..
a different meaning:
40
41
42. .
43
44
45.
46
Page.2 of 12
1 Capital improvements means the planning of, engineering for, acquisition_ of land or
2 equipment for, and the construction of improvements, including, but not limited to, road,
3 park, solid waste, water, wastewater treatment facilities and systems, library, public
4 buildings and emergency.services, and police facilities, but does not include routine
5 maintenance.:
6 .
7
8
9 . . * . * *
10 _ ..
11
12 .
13 Public assembly means a type of temporary use that is attended by members of the
14 - general public, with or without an admission charge, when the duration of the event is
15 less than.seven consecutive days and/or the anticipated daily attendance is expected to
16. exceed 250 persons.
17
18
19
20 *. * * * *.
2.1
22
23
24 Recreational vehicle means.the same as that term is defined in F.S. § 320.01. The
25. following applies to recreational vehicles in the county:
26
27 (1) Excluding temporary housing as set forth in section 130-4,the tenancy of an occupied
28 recreational vehicle upon a lawful recreational vehicle space shall be less than six
29 months; and
30:
31 (2) The recreational vehicle has been placed on a lawful recreational vehicle space within
32 a recreational vehicle park, campground, or otherwise approved area, or within a
33 storage area;
34
35 (3)The recreational vehicle has current licenses required for highway travel; and
36
37. (4) The recreational vehicle is highway ready. This means that the recreational vehicle,
38 including any travel trailer or park trailer, is on its wheels or internal jacking system
39 and attached to this site only by the quick disconnect-type utilities commonly used in
40 recreational vehicle parks and campgrounds or by security devices. No permanent
41 additions such as state rooms shall be permitted.
42
43
44.
45 . * _ *
46
•
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1
2
3 Temporary uses means uses that are required for a defined period of time during the
4 construction phase of permitted development (including, but not limited to, equipment
5 storage, material storage, construction/safety fencing and office trailers), capital
6 improvements, and uses that are uniquely seasonal in nature (including but not limited to,
7 public assemblies, holiday-related outdoor events such as Christmas tree and pumpkin
8 sales, temporary emergency shelters, concerts, carnivals, art shows, seminars and other
9 educational events, and tent meetings).
10
11
12
13 * * * * * * *
14
15
16
17 Section 2. Section 130-4 of the Monroe County Code shall be amended as follows:
18
19
20 Sec. 130-4. Temporary housing.
21
22 (a)Definitions. The following words,terms and phrases, when used in this section, shall have
23 the meanings ascribed to them in this subsection, except where the context clearly
24 indicates a different meaning:
25
26 Recreational vehicle (RV) means the same as that term is defined in F.S. § 320.01.
27
28 Temporary emergency housing means recreational vehicles (or similar approved
29 sheltering units) used for temporary occupancy in response to natural or manmade
30 disasters, including, but not limited to, hurricanes and tropical storms, where such RVs
31 (or other approved sheltering units) are provided to residents or relief workers as part of
32 emergency relief efforts.
33
34 Temporary non-emergency housing means RVs (or other approved sheltering units) used
35 for temporary occupancy by employees in order to provide project site security for a
36 long-term capital improvement project or to avoid delay in completing ongoing or future
37 airport safety and capacity improvements.
38
39 (b) Purpose. It is the purpose of this section to provide regulations that allow for the
40 relaxation of the use prohibitions in chapter 130, Land Use Districts, and chapter 138,
41 Rate of Growth Restrictions (ROGO/NROGO), to:
42
43 (1) Provide regulatory authority to allow temporary emergency housing, not subject to
44 the ROGO permit allocation system, for temporary occupancy by residents displaced
45 by natural or manmade disaster damage, or by relief workers involved in
46 reconstruction activities following a natural or manmade disaster;
Page 4 of 12
1
2 (2) Provide regulatory authority to allow temporary non-emergency housing, not subject
3 to the ROGO permit allocation system, for temporary occupancy by workers
4 undertaking a long-term capital improvement project to provide site security for the
5 capital improvement project site or to avoid delay in completing airport safety and
6 capacity improvements on county-owned airport properties.
7
8
9 (c) Placement of temporary emergency housing on single family parcels. Notwithstanding
10 the provisions of chapter 130, Land Use Districts, and chapter 138, Rate of Growth
11 Restrictions (ROGO/NROGO),temporary emergency housing may be placed on a single-
12 family parcel for temporary occupancy by residents of the same parcel who have been
13 displaced by natural or manmade disaster damage, subject to the following conditions:
14
15 (1) The dwelling unit on the subject parcel is lawfully established and has incurred
16 sufficient damage from the disaster to make the dwelling unit uninhabitable as
17 determined by verifiable photographic evidence provided by the applicant to the
18 building department and/or an inspection by an official from a federal or state
19 governmental relief agency, the county building department or the county code
20 compliance department;
21
22 (2) A building permit must be issued within 90 days of placement of the temporary
23 emergency housing for repair of damages caused by the casualty event to make the
24 dwelling unit habitable.
25
26
27 (3) A separate, no-fee building permit must be issued for the placement of the temporary
28 emergency housing, linked to the building permit issued for damage repair. The
29 building permit shall require approval by the building official of unit's siting location
30 on the parcel and a department of health permit authorizing the connection of the unit
31 to an on-site wastewater treatment and disposal system or to an existing community
32 wastewater treatment system;
33
34
35 (4) Only one temporary emergency housing unit shall be placed per single family parcel;
36 and
37
38
39 (5) The temporary emergency housing unit may remain on the property for a period not
40 to exceed 180 days from the date of building permit issuance or until the final
41 inspection or certificate of occupancy is issued on the repairs made to the dwelling
42 unit, whichever comes first. A single extension of up to an additional 180 days may
43 be granted by the building official if he determines that good cause has been shown
44 for the need for an extension and that the temporary emergency housing unit is
45 adequately tied down and secured so as not to present an undue hazard to persons or
46 property in a high-wind or flood event. Expiration of the building permit for damage
Page 5 of 12
1 repairs shall require immediate removal of the temporary emergency housing unit
2 from the site. However, nothing in this section shall prevent the county or any state or
3 federal authority to terminate without notice the authority to keep any temporary
4 emergency housing units otherwise authorized under this section should it be deemed
5 required for the public safety.
6
7
8 (d) Placement of temporary emergency housing on nonresidential properties.
9 Notwithstanding the provisions of chapter 130, Land Use Districts, and chapter 138, Rate
10 of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be placed
11 on a nonresidential or mixed-use property or on publicly-owned lands, excluding lands
12 designated for conservation and resource protection for temporary occupancy by county
13 residents displaced by natural or manmade disaster damage, subject to the following
14 conditions:
15
16
17 (1) A no-fee building permit must be issued for the placement of the temporary
18 emergency housing unit(s). The building permit shall require approval by the building
19 official and the planning director of a site plan indicating the location of the
20 temporary emergency housing unit(s) on the parcel, and a department of health permit
21 authorizing the connection of the unit(s) to an on-site wastewater treatment and
22 disposal system(s) or to an existing community wastewater treatment system; and
23
24
25
26 (2) The temporary emergency housing unit(s) may remain on the property for a period
27 not to exceed 180 days from the date of building permit issuance. A single extension
28 of up to an additional 180 days may be granted by the building official if he
29 determines that good cause has been shown for the need for the extension and that the
30 temporary emergency housing unit is adequately tied down and secured so as not to
31 present an undue hazard to persons or property in a high-wind or flood event.
32 However, nothing in this section shall prevent the county or any state or federal
33 authority to terminate without notice the authority to keep any temporary emergency
34 housing units otherwise authorized under this section should it be deemed required
35 for the public safety.
36
37
38 (e) Placement of temporary emergency housing for emergency relief workers.
39 Notwithstanding the provisions of chapter 130, Land Use Districts, and chapter 138, Rate
40 of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be
41 provided for temporary occupancy by emergency relief workers involved in
42 reconstruction activities, subject to the following conditions:
43
44
45 (1) An emergency directive or resolution of the BOCC must be issued authorizing the
46 placement and duration of the temporary emergency housing for relief workers;
Page 6 of 12
1
2
3 (2) Placement of temporary emergency housing for relief workers must not impede or
4 interfere with other emergency and recovery operations or public safety;
5
6
7 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary
8 electrical and sewage lines do not constitute an attractive nuisance to children or
9 homeless persons in the area (i.e., sufficient temporary fencing may be required by
10 the building official);
11
12
13 (4) A no-fee building permit must be issued for the placement of the temporary
14 emergency housing unit(s). The building permit shall require approval by the building
15 official and the planning director of a site plan indicating the location of the
16 temporary emergency housing unit(s) on the parcel, consistent with the BOCC
17 resolution, and a department of health permit authorizing the connection of the unit(s)
18 to an on-site wastewater treatment and disposal system(s) or to an existing
19 community wastewater treatment system;
20
21
22 (5) Any required demolition or building permits for the related reconstruction activities
23 must be issued within 90 days from the placement of the temporary emergency
24 housing for relief workers;
25
26
27 (6) The temporary emergency housing unit(s) may remain on the site for a period not to
28 exceed the duration specified by the BOCC resolution, and may only be extended at
29 the discretion of the BOCC by an additional resolution; However, nothing in this
30 section shall prevent the county or any state or federal authority to terminate without
31 notice the authority to keep any temporary emergency housing unit otherwise
32 authorized under this section should it be deemed required for the public safety;
33
34
35 (7) The only persons permitted to reside for any period in temporary emergency housing
36 for relief workers are individuals who are gainfully employed on a fulltime basis in
37 completing cleanup and reconstruction efforts following a natural or manmade
38 disaster. All residents of temporary emergency housing for relief workers who were
39 not permanent residents of the county prior to first occupying such housing facilities
40 will be required to evacuate in accordance with local evacuation orders. Residents of
41 any temporary emergency housing for relief workers who were permanent residents
42 of the county prior to first occupying such housing facilities may not remain in
43 temporary emergency housing for relief workers during any period when a local
44 evacuation order is in effect.
45
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1 (f) Placement of temporary non-emergency housing for contractors on county-owned airport
2 properties. Notwithstanding the provisions of chapter 130, Land Use Districts, and
3 chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non-emergency
4 housing may be placed on county-owned airport properties for temporary occupancy by
5 contractors completing airport safety and capacity improvements subject to the following
6 conditions:
7
8
9 (1) A building permit must be issued for placement of the temporary non-emergency
10 housing unit(s), and linked to existing airport construction permits. The building
11 permit shall require approval by the building official and the planning director of a
12 site plan indicating the location of the temporary non-emergency housing unit(s) on
13 the parcel, and a department of health permit authorizing the connection of the unit(s)
14 to an on-site wastewater treatment and disposal system(s) or to an existing
15 community wastewater treatment system. All units shall be adequately tied down;
16
17
18 (2) Placement of temporary non-emergency housing for airport construction purposes
19 must not impede or interfere with aviation operations or safety and must conform to
20 any applicable FAA regulations;
21
22
23 (3)Temporary non-emergency housing airport construction purposes shall remain on the
24 property for a period not to exceed 30 days from the date of completion of the related
25 airport construction work, unless extended by resolution of the BOCC. However,
26 nothing in this section shall prevent the county or any state or federal authority to
27 terminate without notice the authority to keep any temporary non-emergency housing
28 unit otherwise authorized under this section should it be deemed required for the
29 public safety; and
30
31
32 (4) The only persons permitted to reside for any period in temporary non-emergency
33 housing units for_airport construction purposes are individuals who while in the
34 county are actually gainfully employed on a fulltime basis in completing airport
35 safety and capacity improvements at a county airport. All residents or occupants of
36 temporary airport construction housing facilities must be required to timely evacuate
37 in accordance with local evacuation orders.
38
39
40 (g) Placement of temporary non-emergency housing to provide site security for capital
41 improvement projects. Notwithstanding the provisions of chapter 130, Land Use
42 Districts, and chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary
43 non-emergency housing for temporary occupancy by workers undertaking a long-term
44 capital improvement project may be provided in order to provide site security for the
45 project site, subject to the following conditions:
46
Page 8 of 12
1 (1) A resolution of the BOCC must be issued authorizing the placement of a temporary
2 non-emergency housing unit for site security. The resolution shall specify the location
3 (placement of the unit at the project site) and the duration of the temporary housing
4 unit, not to exceed 180 days. No more than one temporary non-emergency housing
5 unit shall be approved per project site;
6
7
8 (2) Placement of a temporary non-emergency housing unit for site security must not
9 impede or interfere with public safety;
10
11
12 (3) The purpose of the temporary non-emergency housing unit shall be to provide
13 security for the project site;
14
15
16 (4) A building permit must be issued for the placement of the temporary non-emergency
17 housing unit for site security, linked to the building permits for the related
18 construction activities (if applicable). The building permit shall require approval by
19 the building official and the planning director of a site plan indicating the location of
20 the temporary emergency housing unit on the parcel, consistent with the BOCC
21 resolution, and a department of health permit authorizing the connection of the unit to
22 an on-site wastewater treatment and disposal system or to an existing community
23 wastewater treatment system;
24
25
26 (5) The temporary non-emergency housing unit for site security may remain on the site
27 for a period not to exceed the duration specified by the BOCC resolution, and may
28 only be extended at the discretion of the BOCC by an additional resolution; however,
29 nothing in this section shall prevent the county or any state or federal authority to
30 terminate without notice the authority to keep any temporary non-emergency housing
31 unit otherwise authorized under this section should it be deemed required for the
32 public safety.
33
34
35 (6) The only persons permitted to reside for any period in temporary non-emergency
36 housing for site security for a capital improvement project are individuals who are
37 gainfully employed in completing the capital improvement project. All residents of
38 temporary non-emergency housing for site security who were not permanent residents
39 of the county prior to first occupying such housing facilities will be required to
40 evacuate in accordance with local evacuation orders. Residents of any temporary non-
41 emergency housing who were permanent residents of the county prior to first
42 occupying such housing facilities may not remain in temporary non-emergency
43 housing for site security during any period when a local evacuation order is in effect.
44
45
Page 9 of 12
1 (h) No clearing or filling of environmentally sensitive lands may occur as a result of
2 providing any type of temporary housing unit(s).
3
4
5 (i) For all permitted temporary housing, upon expiration of relevant approvals and
6 timeframes expressly set forth in the relevant authorization, the temporary housing shall
7 be removed.
8
9
10
11 * * * * * *
12
13
14
15 Section 3. Section 130-5 of the Monroe County Code shall be established as follows:
16
17
18 Sec. 130-5. Temporary uses.
19
20
21 (a) Applicability. If not already provided for as a permitted use by the Land Development
22 Code, a temporary use is a permitted use in any land use (zoning) district, provided it
23 meets the criteria set forth in this section. This section shall not override or substitute for
24 any other section of this Land Development Code that requires another type of permit,
25 certification or approval.
26
27
28 (b) Temporary uses, other than public assemblies and temporary construction staging areas.
29 Approval of a temporary use that is not defined as a public assembly in section 101-1 or
30 categorized as a temporary construction staging area pursuant to section 6-3 shall be
31 granted only if the following criteria are met:
32
33
34 (1) Prior to establishment of the temporary use, a special building permit approving the
35 temporary use, and any associated temporary structures, shall be issued in accordance
36 with this section and section 6-112;
37
38
39 (2) No clearing or filling of environmentally sensitive lands shall occur to accommodate
40 the temporary use;
41
42
43 (3) The temporary use shall not occur in any required setback or required parking area;
44 and
45
Page 10 of 12
1 (4) The temporary use shall be compatible with existing uses on surrounding properties,
2 as determined by the planning director. If necessary, prior to issuance of a special
3 building permit allowing the temporary use, the planning director may require a
4 meeting with the applicant, the planning director (or his/her designee), building
5 official (or his/her designee), the sheriff(or his/her designee), the fire chief(or his/her
6 designee), and/or a representative of the county health department to negotiate
7 mutually satisfactory conditions under which the temporary use may be approved to
8 avoid substantial harm to the public health or safety and to minimize or to avoid
9 substantial harm to, or impairment of the normal use of, a public place or to avoid
10 substantial harm to the environment. Depending on the nature and anticipated
11 duration of the temporary use, as a condition of approval to the special building
12 permit,the planning director and building official reserve the right to:
13
14
15 a. Require fencing, landscaping and/or other screening to limit potential visual and
16 noise impacts of the temporary use on adjacent property owners; and
17
18
19 b. Require full compliance with the surface water management provisions provided
20 in chapter 114, article I and the bufferyard provisions provided in chapter 114,
21 article V.
22
23
24 (c) Public assemblies. A public assembly is a type of temporary use that is attended by
25 members of the general public, with or without an admission charge, when the duration
26 of the event is less than seven consecutive days and/or the anticipated daily attendance is
27 expected to exceed 250 persons. Approval of a public assembly shall be granted in
28 accordance with the provisions set forth in chapter 17, article II, Public Assembly
29 Permits.
30
31
32
33
34
35 Section 4. Severability.
36 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
37 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
38 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
39 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
40 involved in the controversy in which such judgment or decree shall be rendered.
41
42
43 Section 5. Conflicting Provisions.
44 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
45 extent of said conflict.
46
Page 11 of 12
1 Section 6. Transmittal.
2 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
3 380.05 (11) and F.S. 380.0552(9).
4
5 Section 7. Filing.
6 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
7 become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
8 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
9 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
10 Chapter 120.
11
12 Section 8. Inclusion in the Monroe County Code.
13 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
14 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
15 appropriately renumbered to conform to the uniform marking system of the Code.
16
17 Section 9. Effective Date.
18 This ordinance shall become effective as provided by law and stated above. This ordinance
19 applies to any applicable application submitted after the effective date.
20
21
22 PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS of
23 Monroe County, Florida, at a regular meeting held on the 21st of January, 2015.
24
25 Mayor Danny L. Kolhage Yes
26 Mayor pro tern Heather Carruthers Yes
27 Commissioner Sylvia Murphy Yes
28 Commissioner George Neugent Yes
29 Commissioner David Rice Yes
30
31 BOARD OF COUNTY COMMISSIONERS
32 _L, ,t;. OF MO •E COUNTY, FLOR A
41iifTr,v,
3A BY: \ `; .
3 p Mayor Dan • . Kolhage
3
3 ' `
38 ''.tor MONROE COUNTY ATTORNEY
39 i�O:+ . AMY HEAVILIN, CLERK A VED AST FORRA:
40 7' �
STEVEN 1. Wt�,:i AMS
41 ASSISTANT COUNT;ATTORNEY
42 Deputy Clerk Date /—G- IS--
Page 12 of 12
Final Order No. DEO-15-045
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 005-2015
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 005-2015
The Department of Economic Opportunity ("Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 005-2015 (the"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 21, 2015, and rendered
to the Department on February 17, 2015.
3. The Ordinance amends the Monroe County Land Development Code by modifying
Sections 101-1 (Definitions), 130-4 (Temporary Emergency Housing), and 130-5 (Temporary
Uses) establishing regulations concerning temporary emergency housing (providing for the
occupancy for persons displaced by a disaster and/or relief workers) and non-emergency housing
(providing occupancy for workers involved in improvements to county-owned airport property).
The Ordinance contains provisions regulating placement, setbacks, and duration of time for
approval of temporary housing. The Ordinance also adds a definition for public assembly.
1
ti
A
Final Order No. DEO-15-045
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida Statutes.
r_ 7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Objective 102.1, and Policies 102.3.2, 501.1.6, 501.2.2, and
501.2.3.
8. The Ordinance is consistent with the Principles for Guiding Development in §
380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following
Principle:
(a) Strengthening local government capabilities for managing
land use and development so that local government is able to achieve
these objectives without continuing the area of critical state concern
designation.
(c) Protecting upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and. pinelands), dune ridges and beaches,
wildlife, and their habitat.
(m) Providing adequate alternatives for the protection of public
safety and welfare in the event of a natural or manmade disaster and
2
Final Order No. DEO-15-045
for a post disaster reconstruction plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 005-2015 is consistent with the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and is hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
II
4.4
William B. is illingsworth, Director •
Division of ommunity Development
Department'3 f Economic Opportunity
3
Final Order No. DEO-15-045
•
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.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
• OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO
NOT FILE A PETITION WITH.THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF
THE FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE
REGISTER.
4
• Final Order No. DEO-15-045
t i
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
f (4
following persons by the methods indicated this day of 14cpri I , 2015.
Katie Zimmer, Agen rk
Department of Econ mic pportunity
107 East Madison Str e , MSC 110
Tallahassee, FL 32399-4128
By Certified U.S. Mail:
Danny Kolhage, Mayor
{ Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Christine Hurley, Division Director
Growth Management
Monroe County, Florida
2798 Overseas Highway
Suite 400
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
5
r= r'
t
FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 13, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 005-2015, which was filed in this office on February 10,
2015.
Sincerely,
Ernest L.Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us