Ordinance 010-20151
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 14 - 2015
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING SECTION 6 -3,
13 TEMPORARY CONSTRUCTION STAGING AREAS TO ALLOW
14 TEMPORARY SETBACK VARIANCES AS PART OF THE
15 APPROVAL PROCESS FOR CONSTRUCTION STAGING AREAS
16 BY THE BOARD OF COUNTY COMMISSIONERS; PROVIDING
17 FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL
18 ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
19 INCORPORATION INTO THE MONROE COUNTY CODE OF
20 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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22 WHEREAS, a clearly defined approval process for temporary construction staging areas
23 has been created; and
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25 WHEREAS, the Board of County Commissioners shall approve or deny special permit
26 applications for such construction staging areas; and
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28 WHEREAS, the Board of County Commissioners may attach conditions to any special
29 permit approval to a) avoid substantial harm to public health or safety; b) avoid substantial harm
30 to, or impairment of the normal use of, a public place; and/or c) avoid substantial harm to the
31 environment; and
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33 WHEREAS, the Board of County Commissioners makes the following Conclusions of
34 Law: 1) the ordinance is consistent with the Principles for Guiding Development in the Florida
35 Keys Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent
36 of the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the
37 provisions and intent of the Monroe County Code;
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39 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
40 COUNTY COMMISSIONERS:
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42 Section 1. Section 6 -3 of the Monroe County Code shall be established as follows:
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I Sec. 6 -3. Temporary construction staging areas.
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3 A special permit may be granted by resolution by the board of county commissioners
4 (BOCC) to allow a property to be used as a construction staging area for an off -site
5 project. The BOCC shall hold a public hearing on the request for a temporary
6 construction staging area and shall issue a resolution granting, granting with conditions or
7 denying the request. The resolution shall take effect on the date of enactment by the
8 BOCC.
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10 (a) Applicability. A temporary construction staging area for an off -site project is a
11 permitted activity in any land use (zoning) district, provided it is approved by a
12 special permit and meets the criteria set forth in this section. This special permit shall
13 approve the temporary construction staging area location and use and shall not
14 override or substitute for any other provision of the Florida Building Code and
15 Monroe County Code that require an additional type of building permit, certification
16 or approval.
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18 (b) Criteria. Approval of such a special permit shall be granted only if the following
19 criteria are met:
20 (1) The temporary construction staging area shall serve a project being carried out in
21 the vicinity of the construction staging area;
22 (2) The temporary construction staging area shall serve a project being carried out by
23 a governmental agency;
24 (3) The temporary construction staging area shall be not be located in a tier I
25 designated area;
26 (4) The property subject to the request shall be posted and surrounding property
27 owners within 300 feet shall be notified in writing at least 15 days prior to the
28 BOCC public hearing, with the notice located so it shall be easily visible from all
29 public streets and public ways abutting the property;
30 (5) Prior to establishment of the temporary construction staging area, a special
31 building permit approving any associated temporary structure shall be issued in
32 accordance with section 6 -112;
33 (6) No clearing or filling shall occur to accommodate the temporary construction
34 staging area;
35 (7) Other than fencing, no temporary structure associated with a temporary
36 construction staging area shall be located in any required setback, unless the
37 BOCC determines the temporary construction staging may occur temporarily
38 within the setbacks to alleviate increased public expenses; avoid threats to public
39 health and safety; or the project work cannot be readily performed otherwise; and
40 (8) The temporary construction staging area shall be compatible with existing uses on
41 surrounding properties, as determined by the BOCC. If necessary, prior to
42 issuance of a special permit allowing the temporary construction staging area, the
43 BOCC may attach conditions to any special permit approval to a) avoid
44 substantial harm to public health or safety; b) avoid substantial harm to, or
45 impairment of the normal use of, a public place; and/or c) avoid substantial harm
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to the environment. Depending on the nature and anticipated duration of the use,
as a condition of approval to the special permit, the board reserves the right to:
a. Provide a deadline for termination of the construction staging area;
b. Limit the hours of operation;
c. Limit the type of equipment and materials on the site;
d. Require fencing, landscaping and/or other screening to limit potential visual
and noise impacts of the use on adjacent property owners;
e. Provide for temporary setback variances to allow construction staging to occur
temporarily within the setbacks, provided the adjacent property owners submit
letters of no objections to the temporary variance; and
f. Require surface water management improvements to the affected site; and
(9) The property shall be restored to its prior condition.
Section 2. Severabilitv.
If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Section 3. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 4. Inclusion in the Code of Ordinances.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 5. Transmittal and Effective Date.
This Ordinance shall be filed with the Department of State and shall be effective as provided in
section 125.66(2)(b), Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 20th day of May , 2015.
(SE
ATTEST:
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Not Present
BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY�.O
.
BY:
Mayor Danny . Kolhage
HEAVILIN, CLERK
Deputy CIA
STATE OF FLORIDA
COUNTY OF MONROE
This Copy is a True Copy of the
Original on File In this Office. Witaem
my hand and Official SeaL
Thi day of l n -
A.DN 20 15
AMY HEAVILIN
Clerk Circuit Cgurt
By --) CC-EkK
MONROE COUNTY ATTORNEY
A OVED AS FORM:
ST STEVEN T. WILLIAMS
ASSISTANT OU ATTORNEY
Date 3�- �l i �
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FLORIDA DEPARTMENT 0 - STATE
RICK SCOTT
Governor
June 10, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 010 -2015, which was filed in this office on June 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