Ordinance 037-2006
ORDINANCE NO. 037 - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 9.5-124,
TO CREATE A DEFINITION FOR BOAT BARN,
AMENDING SECTIONS 9.5-124.2 TYPE OF
DEVELOPMENT AFFECTED; SECTION 9.5-124.3 TYPE OF
DEVELOPMENT NOT AFFECTED; AND AMENDING THE
SETBACK AND BUFFERY ARD REQUIREMENTS FOR
MARINAS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
I. The current land development regulations do not provide a definition for boat barns.
2. The existing definition for non-residential floor area requires the allocation of Non-
residential Rate of Growth Ordinance (NROGO) floor area for boat storage facilities.
3. The present Land Development Regulations (LDRs) do not allow the allocation of
more than 2,500 square feet of floor area per applicant per allocation period.
4. Boat storage facilities, to include the new definition of "boat barns" typically far
exc(~ed 2,500 square feet in size due to the nature oftheir function and design.
5. In order to properly and rationally regulate boat storage facilities it is necessary to
define "boat barns" and provide for their separate regulations.
6. Federal and State law grants power to Monroe County to regulate and restrict the use
of land and buildings in order to promote the safety and general welfare of its
citizens.
7. Monroe County has adopted land use goals, policies, and objectives in a
comprehensive plan to guide policy on building and land use regulations, and to
promote health, safety, and general welfare.
8. The provisions of this ordinance are consistent with the Monroe County
Comprehensive Plan and the Principles for Guiding Development in the Florida Keys
Area of Critical State Concern.
9. Section 9.5-511, ofthe Monroe County Code, delineates the mechanism to amend the
Monroe County Code via a "text amendment".
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10. The Development Review Committee held a publicly advertised meeting on July II,
2006.
II. The Momoe County Planning Commission held a duly advertised public hearing on
July 26, 2006, and September 13,2006 and recommended that the BOCC approve the
text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. ~9.5-4 (Definitions) of the Monroe County Code will be amended to
include a definition for boat barn as follows:
(B-6.1) Boat Barn: A structure enclosing and/or covering boat storage racks with a roof
and one or more sides and used for the storage of vessels and associated equipment not
associated with retail sales of boats. Boat barns within marinas may be considered as the
principal building or structure, but the marina remains the principal use.
Section 2. ~ 9.5-124. Non-residential rate of growth ordinance (NROGO) will be
amended as follows:
(b) Definitions: The words and phrases used in this section shall have the meanings
prescribed in this chapter, except as otherwise indicated as follows:
Non-residential floor area means the sum of the gross floor area for a non-residential
building or structure as defined in section 9.5-4, any areas used for the provision of food
and beverage services and seating whether covered or uncovered, and all covered,
unenclosed areas. Walkways, stairways, entryways, parking, loading areas are not
considered floor area. Additionally, boat barns, covered, and unenclosed boat racks with
three or fewer sides not associated with retail sales of boats, which do not exceed 50% of
the net buildable area of the lot/parcel are not considered nonresidential floor area. Non-
residential floor area is not space occupied by transient residential and institutional
residential principal uses.
Section 3. ~ 9.5-124.2. Type of development affected (by NROGO) will be amended
as follows:
(e) That portion of uncovered, unenclosed boat racks or boat barns' floor area not
associated with retail sales of boats, which exceed 50% of any site's net buildable area is
governed by NROGO.
Section 4. ~ 9.5-124.3. Type of development not affected (by NROGO) will be
amended as follows:
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(9.1) That portion of uncovered, unenclosed boat racks or boat barns' floor area not
associated with retail sales of boats, which do not exceed 50% of any site's net buildable
area is not governed by NROGO.
(10) Transfer off-site of existing non-residential floor area: The demolition and transfer
off-site of non-residential floor area from a sender site and the development of the
transferred non-residential floor area on a receiver site in accordance with the following
procedures and criteria:
a. Eligibility of sender floor area: Only non-residential floor area within an enclosed
structure, as defined in section 9.5-4(F-9), not including uncovered areas designated for
food and beverage services and seating shall be eligible for transfer. Non-residential
floor area shall meet all of the following criteria:
i. Be lawfully established floor area or have received an NROGO allocation or transfer of
floor area after September 19, 2001.
Section S. The Monroe County Code ~9.S-232(c)(4)e, ~9.S-233(c)(1)e, ~9.S-
234(c)(1)f, ~9.S-23S(c)(S)e, , ~9.S-249(c)(1)d, ~9.S-2S0(c)(2)d, ~9.S-2SI(c)(1)c will be
amended to include the bufferyard requirement for marinas as follows:
Each non waterside perimeter setback of the parcel proposed for development must have
a Class C bufferyard within a minimum side yard setback often (10) feet.
Section 6. The bufferyard requirement listed under ~9.S-236(c)(3)f, ~9.S-238(c)(2)f,
~9.S-239(c)(2)f, ~9.S-243(c)(1)f, ~9.S-244(c)(2)e, ~9.S-24S(t)(1)e, ~9.S-247(g)(2)e, ~9.S-
247(r)(3)(a)v, ~9.S-247(t)(1)e, ~9.S-248(c)(4)d, of the Monroe County Code will be
amended as follows:
f. Each non waterside perimeter setback of the parcel proposed for development must
have a Class C bufferyard within a minimum side yard setback of ten (10) feet.
Section 7. Severabilitv.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 8. ReDeal of Conflictine Provisions.
(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)
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The provisions of the Monroe County code and all ordinances or parts of ordinances in
conflict with the provisions ofthis Ordinance are hereby repealed.
Section 9. Effective Date.
This ordinance shall be filed in the Office ofthe Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving ordinance pursuant to Chapter 380,
Florida Statutes.
Section 10. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform to the uniform numbering system of the
Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of October , 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner Mario DiGennaro
Commissioner Glenn Patton
Yes
Yes
Yes
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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
FAJ< (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
November 7, 2006
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 70022030 0001 2668 9594
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 037-2006 amending Section
9.5-124, to create a definition for boat barn, amending Sections 9.5-124.2 type of development
affected; Section 9.5-124.3 type of development not affected; and amending the setback and
buffer yard requirements for marinas; providing for severability; providing for conflict; and
providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on October 18, 2006. Please file for record. Should you have
any questions please feel free to contact me at (305) 295-3130.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: Growth Management
County Attorney
BOCC
File./
U.S. Postal Service",
CERTIFIED MAil", RECEIPT
(Domestic Mall Only; No Insurance Coverage Provided)
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Item 4 if Restricted [)ellvery is desired.
. Print your name and address on the reverse
so thet we can retum the card to you.
. Attach this card to the back of the mailplece.
or on the front if space permits.
f. Article Addressed to:
Ms. Liz Cloud, Program Admin.
Administrative Code & Weekly
R.A. Gray Building
500 S BronOugh Street
Tallahassee FL 32399-0250
(ordinance No. 037-2006)
A. Signature
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c. Date of Oellvery
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B. Received by ( printed Name)
D. Is deliver{ address different from Item 17 0 Yes
If YES, enter delivery address below: 0 No
3. SelVice Type
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4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Numbe!'
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7002 2030 0001 2bbB 9594
102595-02-M-154O
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STATE OF FLORIDA
DEPARTMENT OF STATE
STATE LIBRARY AND ARCHIVES OF FLORIDA
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JEB BUSH
Governor
December 6, 2006
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
letter dated November 7, 2006 and copy of Monroe County Ordinance No. 037-2006, which was filed in
this office on December 5, 2006.
Sincerely,
~~t~l~
Liz Cloud
Program Administrator
LC/jru
DIRECTOR'S OFFICE
RA Gray Building. 500 South Bronaugh Street. Tallahassee, Florida 32399-0250
850.245.6600 . FAX: 850.245.6735 . TOO: 850.922.4085 . http://dlis.dos.state.n.us
COMMUNITY DEVELOPMENT
850.245.6600 . FAX: 850.245.6643
STATE LIBRARY OF FLORIDA
850245.6600 . FAX: 850.245.6744
ST A IE ARCHIVES OF FLORIDA
850.245.6700 . FAX: 850,488.4894
LEGISLATIVE LIBRARY SERVICE
850.488,2812. FAX: 850.488.9879
RECORDS MANAGEMENT SERVICES
850.245.6750 . FAX: 850.245.6795
ADMINISTRATIVE CODE AND WEEKLY
850.245.6270 . FAX: 850.245.6282
DCA Final Order No.: DCA07-OR-009
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND o C=i
DEVELOPMENT REGULATIONS 55 t-
ADOPTED BY MONROE COUNTY o �'
ORDINANCE NO. 037-2006 c c�`-
•
s. — c�
FINAL ORDER m
The Department of Community Affairs(the"Department")hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9),Fla. Stat. (2006), 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 November 13, 2006, the Department received for review Monroe County
Ordinance No. 037-2006 ("Ord. 037-2006"), adopted by Monroe County on October 18,2006.
3. The purpose of the Ordinance is to amend Section 9.5-124 to create a definition
for a Boat Barn; amend Section 9.5-124.2 to provide that boat barns and boat racks not
associated with retail sales of boats which do not exceed 50 percent of the net buildable area of -
the lot/parcel are not considered nonresidential floor area and are exempt from the Non
Residential Rate of Growth Ordinance (ROGO)requirements and floor area calculations; amend
Sections 9.5-124.2 and 9.5-124.3 relating to the type of development affected; and to amend the
setback and bufferyard requirements for marinas.
4. The term "Boat Barn"is not referenced or authorized as a permitted use in any
existing Monroe County land use district and, therefore, shall be construed as an Accessory
Structure as defined in Section 9.5-4(A-2)to a Marina(M-5) and authorized only in land use
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DCA Final Order No.: DCA07-OR-009
districts authorized for marinas consistent with Section 9.5-231 General, (a)which states that
"No structure or land in Monroe County shall hereafter be developed, used or occupied unless
expressly authorized in a land use district in this division."
5. Ordinance 037-2006 is consistent with,the 2010 Monroe County Comprehensive
Plan.
CONCLUSIONS OF LAW
6. 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. (2006).
7. Monroe County is a local government within the Florida Keys Area of Critical
State Concern. § 380.0552,Fla. Stat. (2006) and Rule 28-29.002 (superseding Chapter 27F-8),
Fla. Admin. Code.
8. "Land development regulations"include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8),Fla. Stat. (2006). The
regulations adopted by Ord. 037-2006 are land development regulations.
9. 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.
10. Ord. 037-2006 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.
(1) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
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DCA Final Order No.: DCA07-OR-009
Florida resource.
• 11.. Ord. 037-2006 is consistent with the Principles for Guiding Development as a
whole.
WHEREFORE, IT IS ORDERED that Ord. 037-2006 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.
JAAPniCV GiULdt,
THOMAS G. PELHAM
Secretary
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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
MATERIAL 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 MAY BE REPRESENTED BY
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DCA Final Order No.: DCA07-OR-009
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
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 28-106,PARTS I AND II, FLORIDA
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
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.
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DCA Final Order No.: DCA07-OR-009
•
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 correct copies have been furnished
to the persons listed below by the method indicated this / fay of January, 2007.
raula Ford,Agency erk
By U.S. Mail:
Honorable Charles McCoy
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
Aref Joulani
Acting Director
Planning and Environmental Resources
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Tracy D. Suber, Bureau of State Planning, DCA Tallahassee
Clark Turner, ACSC Administrator, DCA Tallahassee
Richard E. Shine,Assistant General Counsel,DCA Tallahassee
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