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Ordinance 018-20151 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE 018 2015 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 6 -100 BUILDING PERMITS REQUIRED; CLARIFYING PERMITS REQUIRED AND APPLICABILITY OF PERMITS FOR CHICKEE HUTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The Florida Building Code - Building, 5 th Edition (2014), Section 102 Applicability [A] 102.2 Building. includes exemptions from the Florida Building Code; and WHEREAS, these exemptions include but are not limited to: building and structures specifically regulated and preempted by the federal government; nonresidential farm buildings on farms; and chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida, with the term "chickee" meaning an open -sided wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other nonwood features; and WHEREAS, Monroe County Code Chapter 6 "Buildings and Construction" Section 6 -23 "Definitions" includes "Permit means an official document authorizing performance of a specific activity regulated by this chapter "; and WHEREAS, the proposed amendment would clarify the exemption to the Florida Building Code for certain chickees and the requirement for compliance with the Land Development Code resulting in the applicability of a permit for chickees constructed by the Miccosukee Tribe of Indians or the Seminole Tribe of Florida; and WHEREAS, the proposed amendment would remove the exemption from a permit for open - sided, thatch - roofed structures on residential lots or parcels not exceeding 100 square feet in roof coverage not constructed by the Miccosukee Tribe of Indians or the Seminole Tribe of Florida; and WHEREAS, at a regularly scheduled meeting held on 15 day of July, the Monroe County Board of County Commissioners held a public hearing and provided for public comment and Ord. No. -2015 Page 1 of 5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 public participation in accordance with the requirements of state law and the procedures adopted for public participation in the planning process; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Section 6 -100 of the Monroe County Code is amended as follows: Sec. 6 -100. — Permits Required. (a) Applicability. A permit shall be required for all work shown in the following table, except where specifically exempted this section. Work Requiring a Permit Residential Exceptions Site preparation including: land clearing, placements of fill, excavation, and None. However, no fee (including education; blasting; however, no permit for site contractor investigation; or tech fees) shall be charged preparation may be issued except in or invasive exotic vegetation removal if permit is not conjunction with the establishment of a classified as clearing and grubbing. use or structure allowed in the land use district. Removal of invasive exotic vegetation A permit is not required for the removal of ten or fewer stems of invasive exotic vegetation on parcels with a lawfully established principal use; however, this exemption shall not apply if the removal is part of a larger clearing operation undertaken in segments within any one calendar year, whether by the same or different contractors and /or the property owner or if undertaken in conjunction with any construction. Demolition Residential demolition where the fair market value of the demolition work is less than $2,500.00 and all pertinent utilities have been properly disconnected. Tie downs of habitable structures None Signs Those signs that are specifically exempt from permit requirements pursuant to part II of this Code; however, in no case shall a sign be exempt if its installation represents a threat to life and safety. Fences None Sheds None. Effective July 1, 2013, sheds are no longer exempt from permitting per this Section. Chickees not constructed by Miccosukee None or Seminole Indians Ord. No. -2015 Page 2 of 5 Any new construction and remodeling Interior remodeling where the fair market value of work of principal and accessory structures such work is less than $2,500.00 and there is no change in the original size or configuration. Exterior and interior painting of single- and two - family residential buildings. Installation of carpeting and floor coverings in single - and two - family residential buildings that have previously been inhabited, if the fair market value of the work is less than $5,000.00. Normal maintenance or ordinary minor repairs where the fair market value of such work is less than $2,500.00. All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where plumbing trades the fair market value of such work is less than $2,500.00. The installation of satellite antennas and microwave receiving antennas that do not exceed one meter in diameter but only where mounted on existing buildings or structures. All work subject to the floodplain Normal maintenance or ordinary minor repairs where management requirements of part II of this the fair market value of such work is less than Code $2,500.00. Resource extraction activities (as defined None in part II of this Code) Any work involving life safety None 1 2 3 4 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new 5 work involving electrical, mechanical, plumbing or any improvements subject to floodplain 6 regulations; and if the construction, repair, remodeling or improvement work is a part of a larger or 7 major operation, whether undertaken by the same or different contractor. NO EXCEPTIONS 8 apply to work conducted below base flood elevation and/or subject to the floodplain management 9 requirements of the Monroe County Code to structures located within a Coastal Barrier Resource 10 System (CBRS) or structures located within Flood Zone AE or Flood Zone VE. All residential 11 work that is exempt from Monroe County permitting shall still comply with the Florida Building 12 Code, this chapter, and part II of this Code and shall be subject to code compliance. 13 14 15 16 Ord. No. -2015 Page 3 of 5 1 2 3 4 5 6 7 8 9 M (b) Separate permit required. A separate permit shall be required for each principal structure and any dock, seawall, and riprap accessory structure. (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of Indians or the Seminole Tribe of Florida require a land development permit. The term "chickee" means an open -sided wooden but that has a thatched roof or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non - wood features. Chickees shall comply with part II of this Code and shall be subject to code compliance. Section 2. Severability. 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 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the I 1p day of S_ 2015. Mayor Danny L. Kolhage Mayor Pro Tern Heather Carruthers Yes Commissioner Sylvia Murphy Yes Commissioner George Neugent Yes Commissioner David Rice Yes BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayortranny.A. Kolhage Ord. No. -2015 Page 4 of 5 0 z o r rn� C_ N O 0 c-� 3 W r r rn 0 _n 0 . O MONROE COUNTY ATTORNEY A P OVED A5 FORM: ASSISTANT ATTORNEY Date I ATTEST: AMY HEAVILIN, CLERK 2 3 4 5 Deputy Clerk Ord. No. -2015 Page 5 of 5 RICK SCOTT Governor October 16, 2015 Honorable Amy Heavilin Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Ms. Cheryl Robertson, Executive Aide 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. 018 -2015, which was filed in this office on October 16, 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.tl.us