Ordinance 018-20151
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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
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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
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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
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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.
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Ord. No. -2015
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(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
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MONROE COUNTY ATTORNEY
A P OVED A5 FORM:
ASSISTANT ATTORNEY
Date
I ATTEST: AMY HEAVILIN, CLERK
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5 Deputy Clerk
Ord. No. -2015
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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