Ordinance 018-2002
ORDINANCE NO. 018 -2002
AN ORDINANCE TO CORRECT SCRIVENERS' ERRORS
IN ORDINANCE #33-2001 (WIRELESS
COMMUNICATIONS) THAT INADVERTENTLY
DELETED OR FAILED TO DELETE NUMEROUS
SECTIONS OF CHAPTER 9.5, MONROE COUNTY CODE;
PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR THE
INCORPORATION INTO THE MONROE COUNTY
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
#33-2001 on September 19, 2001 for the regulation of wireless communications facilities that
inadvertently overwrote sections of Chapter 9.5, Monroe County Code, and;
WHEREAS, the codifying of Ordinance #033-2001 did not include deletions of text
which was in conflict with the amendment; and
WHEREAS, it is necessary to amend Chapter 9.5, Monroe County Code to correct this
scriveners' error; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendments to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Sec 9.5-232 Urban Commercial District (UC) is hereby amended as follows:
Delete: (b )(7) and (b )(8)
Section 2. Sec. 9.5-233 Urban Residential District (UR) is hereby amended as follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
Delete: (c)(3):
Section 3. Sec. 9.5-234Urban Residential Mobile Home District (URM) is hereby amended as
follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
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Delete: (c)(4)
Section 4. Sec. 9.5-235 Sub Urban Commercial District (SC) is hereby amended as follows:
Add: (a)(15) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (b )(9) and (b)(1 0)
Section 5. Sec. 9.5-235.1 Urban Mobile Home-Limited District (URM-L) is hereby amended as
follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c)(3)
Section 6. Sec. 9.5-236 Sub Urban Residential District (SR) is hereby amended as follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
Delete: (c)(8)
Section 7. Sec. 9.5-237 Sub Urban Residential District (Limited) (SR-L) is hereby amended as
follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Add: (c) The following uses are permitted as major conditional uses in the
Sub Urban Residential (Limited) District, subject to the standards and
procedures set forth in article III, division 3:
Add: (c)(1) Land use overlays A, E, INS, PF, subject to the provisions of
section 9.5-257.
Section 8. Sec. 9.5-238 Sparsely Settled Residential District (SS) is hereby amended as follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c)(6)
Section 9. Sec. 9.5-239 Native Area District (NA) is hereby amended as follows:
Delete: (c)(4) and (c)(5)
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Initials
Section 10. Sec. 9.5-242 Improved Subdivision District (IS) is hereby amended as follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
Section 11. Sec. 9.5-243 Destination Resort District (DR) is hereby amended as follows:
Delete: (b)(2) and (b)(3)
Section 12. Sec. 9.5-244 Recreational Vehicle District (RV) is hereby amended as follows:
Delete: (c)(3)
Section 13. Sec. 9.5-246 Commercial Fishing Village District (CFV) is hereby amended as
follows:
Delete: (c)(1)
Section 14. Sec. 9.5-248 Mixed Use District (MU) is hereby amended as follows:
Add: (a)(19) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c) (11)
Section 15. Sec. 9.5-251Military Facilities District (MF) is hereby amended as follows:
Delete: (b)
Section 16. Sec. 9.5-252 Airport District (AD) is hereby amended as follows:
Delete: (g)
Section 17. Sec. 9.5-253 Parks and Refuge District (PR) is hereby as follows:
Delete: (c)(1)
Section 18. 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 19. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 20. 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 Florida Administrative Commission approving the ordinance.
Section 21.This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency ofthis ordinance with the
Florida Statutes.
Page 3 of 4
Initials
Section 22. The Director of Growth Management is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 17th day of July, A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner Murray Nelson
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COlmTY, FLORIDA
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BY ),
Mayor Charle~ "Sonny" McCoy
APPROVED AS TO FORM
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
July 31,2002
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 70993400000591185988
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 018-2002 to correct scrivener's errors in Ordinance No. 033-2001
(Wireless Communications) that inadvertently deleted or failed to delete numerous Sections of
Chapter 9.5, Monroe County Code; providing for severability; providing for the repeal of all
Ordinances inconsistent herewith; providing for the incorporation into the Monroe County Code
of Ordinances; and providing an effective date.
Ordinance No. 019-2002 amending Section 9.5-242, Monroe County Code; providing for
wastewater treatment facilties in improved subdivsion districts; providing for the severability;
providing for the repeal of all Ordinances inconsistent herewith; providing for the incorporation
into the Monroe County Code of Ordinances; directig the Clerk of the Board to forward a
certified copy of this Ordinance to the Florida Department of Community Affairs; 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 July 17,2002. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
J \ ,
Ordinance Nos. 018-2002& 019-2002
July 31, 2002
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by:
Pamela G. ancock, Deputy Clerk
cc: County Administrator w/o documents
Growth Management .
County Attorney U.S. Postal Service
BOCC ' CERTIFIED MAIL RECEIPT
(Domestic Mail Only;No Insurance Coverage Provided)
File ,0
Lnir Mrs. Liz Cloud (Ord. 018 & 019-2002)
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Tallahassee FL 32399-0250
1 PS Form 3800,July 1999 See Reverse for Instructions-
; SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clear! B. of Delivery
item 4 if Restricted Delivery is desired. PEP` ', OF S' , 'T '
• Print your name and address on the reverse GG -
so that we can return the card to you. C. Signature
• Attach this card to the back of the mailpiece, X AUG 05 2002 0 Agent ;,
or on the front if space permits. - ❑_Addressee
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Mrs. Liz Cloud ;
Bureau of Administrative Code GRACIE PENTON
The Collins Building DEPARTMENT OF STATE ,
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type t
Tigitertified Mail ❑ Express Mail ,
0 Registered 0 Return Receipt for Merchandise `
(Ord. 018 & 019-2002) ❑ Insured Mail 0 C.O.D. ;
4. Restricted Delivery?(Extra Fee) 0 Yes: r.
2. Article Number(Copy from service label) ,
7099 3400 0005 9118 5988
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Office of the Secretary
Office of International Relations
Division of Elections
Division of Corporations
Division of Cultural Affairs
Division of Historical Resources
Division of library and Information Services
Division of licensing
Division of Administrative Services
WE~
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
State Board of Education
Trustees of the Internal Improvement Trust Fund
Administration Commission
Florida Land and Water Adjudicatory Commission
Siting Board
Division of Bond Finance
Department of Revenue
Department of Law Enforcement
Department of Highway Safety and Motor Vehicles
Department of Veterans' Affairs
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
August 6, 2002
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Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 31, 2002 and certified copies of Monroe County
Ordinance Nos. 018-2002 and 019-2002, which were filed in this office on
August 5, 2002.
Si~~Q
Liz Cloud, Chief
Bureau of Administrative Code
LC/mp
BUREAU OF ADMINISTRATIVE CODE
The Collins Building . 107 West Gaines Street . Tallahassee, Florida 32399-0250 . (850) 245-6270
FAX: (850) 245-6282 . WWW Address: http://www.dos.state.f1.us . E-Mail: election@mail.dos.state.fl.us
DCA Final Order No.:
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 018-2002
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002), 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 August 19, 2002, the Department received for review Monroe County Ordinance
No. 018-2002 which was adopted by the Monroe County Board of County Commissioners on
July 17,2002 ("Ord. 018-2002"). Ord. 018-2002 amends Sections 9.5-232, 233, 234, 235,
235.1,236,237,238,239,242,243,244,246,248,251,252, and 253 of the Monroe County
Code to correct scrivener's errors in Ordinance 033-2001.
3. Ord. 018-2002 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. SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
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Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. 9380.031(8), Fla. Stat. (2001). The
regulations adopted by Ord. 018-2002 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 9 380.0552(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 th~ other provisions.
8. Ord. 018-2002 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.
(e) To limit the adverse impacts of development on the quality of water
throughout the Florida Keys.
(f) To enhance natural scenic resources, promote aesthetic benefits
of the natural environment, and ensure that development is
compatible with the unique historic character of the Florida Keys.
(h) To protect the value, efficiency, cost-effectiveness, and
amortized life of existing and proposed major public investments,
including:
2. Sewage collection and disposal facilities;
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 018-2002 is not inconsistent with the remaining Principles. Ord. 018-2002 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 018-2002 is found to be consistent with the
2
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
DONE AND ORDERED in Tallahasse , F
.E. "SONNY" TIMMERMAN, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Weekly unless a petition is filed as described below.
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 TERIAL 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 MA Y 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 F ACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE 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 28-1 06, PARTS I AND II, FLORIDA
3
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 BOULEVARD, 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
---'-'-REQt1:ESTEIJ,11ffiN'TttE'PE'TI'fICN-SHAtt-BE StJ'BMI-'f--'f-Efl-IN-A€eeRBANC-EWITI I
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 MA Y 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 that true and 'i2..rrect copies have been furnished
to the persons listed below by the method indicated this a~ay of ~ 2002.
~,
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~aula Ford, Agency Clerk ,
4
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
500 Whitehead Street
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
-'~'----By-Hand-f)eiiverv-orlnteragencv-Mait:--------~-~---
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
Richard A. Lotspeich, Assistant General Counsel, DCA Tallahassee
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