Ordinance 005-2004
ORDINANCE NO. 005 -2004
AN ORDINANCE AMENDING SEC.9.5-317(b)(1)b. (STANDARDS FOR ISSUANCE OF BUILDING
PERMITS IN AREAS OF SPECIAL FLOOD HAZARD) TO THE MONROE COUNTYLAND
DEVELOPMENT REGULATIONS TO MODIFY CERTAIN REGULATIONS OUTDATED AS A
RESULT OF NEW TECHNOLOGY; ); PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE OF ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 9.5-317(b)(1)b. of the County Land Development Regulations have
become outdated by newer technology and manufacture of some types of elevator equipment
containing a submerged pump system; and
WHEREAS, the pumping mechanics of this type of system are submerged in hydraulic fluid
that is contained within a leak-proof tank; and
WHEREAS, this tank prevents both the entry of water and the loss of hydraulic fluid where the
switches and electrical components are located; and
WHEREAS, the manufacturing specifications engineering certifications ensure that no damage
will be sustained; and
WHEREAS, this permits the regulations to be amended so that the sealed portion of a tank
containing the motor and hydraulic fluid can be placed below the base flood elevation; and
WHEREAS, the certification ensures that the system may be submerged in water for a period
of 72 hours or more up to the level of the openings required for the electrical components; and
WHEREAS, this permits a relaxation of the existing regulations and conforms to the minimum
federal standards set forth in CFR 60_3(a)(3)(iv); and
WHEREAS, the Commission finds that there is a need to make the change outlined above;
and
WHEREAS, the Commission finds that the proposed changes are consistent with Section 9.5-
511 (d)(5)b.(iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness;
and
WHEREAS, the Commission finds that the proposed changes are consistent with the goals of
the MC Year 2010 Comprehensive Plan; and
WHEREAS, this text change was reviewed and APPROVED at the Development Review
Committee public meeting of January 15, 2004; and
WHEREAS, this text change was reviewed and APPROVED at the Planning Commission
public hearing of January 28, 2004; and
WHEREAS, the Monroe County Board of County Commissioners was presented with the
following evidence, which by reference is hereby incorporated as part of the record of said hearing;
Page 1 of 2
C:\TEMP\BOCC OR1.doc
1. Staff report prepared on January 29th, 2003 by Fred Gross, Island Planning Team Director.
2. Proposed change to the Monroe County Land Development Regulations.
3. The sworn testimony of the Growth Management Staff.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, THAT:
Section 1. Section 9.5-317(b)(1) is hereby amended as follows:
b. Electrical and mechanical equipment servicing an elevated structure must be elevated at or above
the required base flood elevation. Elevators may be placed below the base flood elevation, if the
mechanical and electrical equipment serving the elevator is designed, certified and/or located so
as to prevent water from entering or accumulating within the components during conditions of
flooding .
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. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
Section4. The provisions of this ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto,
and shall be appropriately renumbered to conform to the uniform numbering system of
the Code.
Section 5. 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 7. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Countylo ► a a1 r
regular meeting held on the 18T"day of February, 2004. " m
Mayor Murray Nelson yes o�-Dr "I
co ayor Pro Tern David P. Rice yes
® mmissioner Charles"Sonny" McCoy yes -r- o Xf
—+cmissioner George Neu gent es - � c)�� 1$
{ 7missioner Dixie Spehar yes rb r ;JD
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!Acs o f .�'
( � BOARD OF COUNTY COMMISSIONERS
°.ice �sl . OLHAGE, Clerk OF MONROE COUNTY, FLORIDA
"11.4:44
By
Deput Clerk Mayor/Chairperson
Page 2 of 2 MONROE COUNTY ATTORNEY
PP
C:\TEMP\BOCC ORI.doc ORM:
ROB ALE
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FIlX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FIlX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERMMENTCENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FIlX (305) 852-7146
March 4,2004
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 7774
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 002-2004 amending Section 16-4(b)(2), Monroe County Code, concerning
Card Sound Road Bridge Tolls, in order to provide that persons purchasing a book of 400
commuter tickets shall pay $.25 per axle as the toll; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
Ordinance No. 005-2004 amending Sec. 9.5-317(b)(1)b. (Standards for Issuance of
Building Permits in areas of Special Flood Hazard) to the Monroe County Land Development
Regulations to modify certain regulations outdated as a result of new technology; ); providing for
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on February 18, 2004, Please file for record. Should you
have any questions please feel free to contact me at (305) 292-3550.
e --
Ordinance Nos. 002-2004 & 005-2004
Page 2
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:
PaT3-nela . Hancock, D.C.
cc: Municipal Code Corporation-Ord.002-2004 (under separate cover)
County Administrator w/o documents
Growth Management-Ord.005-2004 U.S. Postal Service.
Public Works-Ord.002-2004 CERTIFIED MAIL,. RECEIPT
r_ (Domestic Mail Only;No Insurance Coverage Provided)
Finance-Ord.002-2004 r-
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County Attorney OFFIICEIAL USE
BOCC
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PS Form 3800 June 2002 See Reverse for Instructions
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item 4 if Restricted Delivery is desired. ❑Agent
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Mrs. Liz Cloud •
Bureau of Administrative Code
The Collins Building -
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' PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-15a
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
March 10, 2004
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated March 4, 2004 and certified copies of Monroe County
Ordinance Nos. 002-2004 and 005-2004, which were filed in this office on
March 9,2004.
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
S~~g
Liz Cloud
Program Administrator
LC/mp
DSTATE LIBRARY OF FLORIDA
RA Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085 . http://www.dos.state.ll.us
DLEGISLA TIVE LIBRARY SERVICE D RECORDS MANAGEMENT SERVICES DFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
DADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA04-0R-I02
ST ATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULA nONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 005-2004
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The Department of Community Affairs (the "Department") hereby issue~ itlFi~ ~r, ~
FINAL ORDER
pursuant to ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat. (2003), approving 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. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On March 8, 2004, the Department received for review Monroe County Ordinance
No. 005-2004 which was adopted by the Monroe County Board of County Commissioners on
February 18, 2004 ("Ord. 005-2004"). The purpose of Ord. 005-2004 is to amend Section 9.5-
317(b)(1)b of the Monroe County Land Development Regulations. Ord. 005-2004 modifies
certain regulations related to the Standards for Issuance of Building Permits in Areas of Special
Flood Hazard.
3. Ord. 005-2004 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. 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. ~~ 380.05(6), Fla. Stat., and ~ 380.0552(9), Fla. Stat_ (2003).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. ~ 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
DCA Final Order No.: DCA04-0R-I02
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. ~ 380.031(8), Fla. Stat. (2003). The
regulations adopted by Ord. 005-2004 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in ~ 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F .A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 005-2004 promotes and furthers the following Principles:
(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 of the area of critical
state concern designation.
9. Ord. 005-2004 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 005-2004 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.
V
2
DCA Final Order No.: DCA04-0R-I02
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
MA TERlAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING 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
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE 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 REQUESTING A FORMAL
ADMINISTRA TIVE 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, FLORlDA
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 BOULEV ARD, 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
3
DCA Final Order No.: DCA04-0R-I02
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.
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 designated Agency Clerk, and thaHrue and correct copies have been furnished
to the persons listed below by the method indicated this .::2.r.dIay of May, 2004.
~o-S '
~aFord, Agency Clerk~
By U.S. Mail:
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
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
4
DCA Final Order No.: DCA04-0R-I02
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5
Email Confirmation
Page 1 of 2
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 85
Recorded: 6/14/20042:49:58 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 046-2003 12/17/2003 Allocations Sec. 9.5-124(NROGO) by adding a definition
for "Covered Walkways" adding regulations for covered
outdoor non-residential floor area.
Ordinance Nc. 047-2003 12/17/2003 Amending Sec. 9.5-266(Affordable and Employee
Housing).
Ordinance No. 048-2003 12/17/2003 Amending Land Development Regulations, Sec. 9.5-4
(Definitions).
Ordinance No. 005-2004 2/18/2004 Amending Sec. 9.5-317(b)(1 )b, (Standards for Issuance of
Building Permits in Areas of Special Flood Hazard).
Ordinance No. 012-2004 5/19/2004 Amending Sec. 2-541 (1)(1), revising the requirement for Bid
Bonds to apply only to construction projects estimated to
exceed $150,000.
Ordinance No. 013-2004 5/19/2004 Amending Code by adding Sub-sec. (g) to Sec. 8-82, in
order to provide that any collector exiting Monroe County
with equipment loaded with sludge shall use Card Sound
Road and shall produce Service Tickets.
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