Ordinance 039-1989
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Commissioner Harvey
ORDINANCE NO. 039 -1989
AN ORDINANCE AMENDING SECTION 9.5-3 (b) ,
MONROE COUNTY CODE IN ORDER TO PROVIDE THAT
WHEN A LAND USE HEARING OF THE BOARD OF
COUNTY COMMISSIONERS OR PLANNING COMMISSION
IS REQUIRED TO BE HELD AT A PLACE CERTAIN AND
WITHIN A TIME CERTAIN AND THERE IS A CONFLICT
BETWEEN THE TWO THE REQUIREMENT AS TO PLACE
CONTROLS; AMENDING SECTION 9.5-21, MONROE
COUNTY CODE, IN ORDER TO PROVIDE THAT BOARD
OF COUNTY COMMISSION HEARINGS ON CERTAIN
USES, APPROVALS, VARIANCES, AND ORDERS SHALL
- Bl; HEARD IN THE KEY WEST, MARATHON OR
'-.. PUANTATION KEY/KEY LARGO AREAS DEPENDING ON
THE LOCATION OF THE PROPERTY INVOLVED;
PROVIDING THAT WHEN A PROPOSED AREA OF
CRITICAL COUNTY CONCERN AFFECTS VARIOUS
PROPERTIES, SOME OF WHICH ARE CLOSEST TO ONE
HEARING SITE AND SOME CLOSEST TO ANOTHER,
THEN ONE HEARING MUST BE HELD AT EACH SITE
BEFORE FINAL BOARD ACTION MAY BE TAKEN;
AMENDING SECTION 9.5-22(h), MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT PLANNING
COMMISSION MEETING SITES SHALL ROTATE FROM
THE PLANTATION KEY/KEY LARGO TO MARATHON TO
KEY WEST AREAS; PROVIDING THAT CERTAIN
HEARINGS ON USES, APPROVALS, VARIANCES, AND
ORDERS SHALL BE HEARD AT THE SITE CLOSEST TO
THE PROPERTY INVOLVED; PROVIDING THAT WHEN A
PROPOSED AREA OF CRITICAL COUNTY CONCERN WILL
AFFECT VARIOUS PROPERTIES, A PORTION OF WHICH
ARE CLOSEST TO ONE HEARING SITE AND A PORTION
CLOSEST TO ANOTHER, THEN AT LEAST ONE HEARING
SHALL BE HELD AT EACH SITE; AMENDING SECTION
9.5-47(a), MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT ALL DECISION MAKING BODIES ACT
WITHIN THE TIME LIMITS SET IN THE MONROE
COUNTY CODE EXCEPT AS PROVIDED IN SECTION
9.5- 3 (b), MONROE COUNTY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
Section 9.5-3(b), Monroe County Code, is
hereby amended to read as follows:
(b) Computation of time: The time
within which an act is to be done shall be
computed by excluding the first and including
the last day; if the last day is a Saturday,
or a Sunday or a legal holiday, that day
shall be excluded. However, when a hearing
of the board of county commissioners or
planning commission is required by these
regulations to be held at a site certain, and
within a certain time period, and the meeting
schedule of either the board or commission
makes it impossible to meet both the site and
time requirements without scheduling a
special meeting, then the hearing shall be
set for the next regularly scheduled meeting
at the required site without regard to the
required time period.
Section 2.
Section 9.5-21, Monroe County Code, is hereby
amended to read as follows:
In addition to any authority granted the
board of county commissioners by state law or
the Code of Ordinances of Monroe County, the
board of county commissioners shall have the
following powers and duties:
(a) To hear appeals from decisions of the
planning commission regarding conditional use
permits;
(b) To adopt and amend the official land use
district map and existing conditions map
after recommendation by the planning commis-
sion;
(c) To initiate amendments to the text of
this chapter and the plan;
(d) To hear, review and adopt amendments to
the text of these regulations after recommen-
dation by the planning commission;
(e) To act upon applications for
from the elevation requirements
floodplain management regulations
plan;
variances
of the
of the
(f) To designate and appoint a hearing
officer to make recommendations in regard to
determinations of vested rights or such other
decisions as the board may deem appropriate;
(g) To take such other action not delegated
to the planning commission as the board of
county commissioners may deem desirable and
necessary to implement the provisions of
these regulations and the plan; and
(h) The following board hearings shall be
held in the Key West, Marathon or Plantation
Key /Key Largo areas depending on which site
is the closest to the property involved:
maj or conditional uses; deviations from
conditional use approvals; plat approvals;
floodplain management variances; adoption of
findings of fact and orders for beneficial
uses and vested rights; designations of
archaeological, historical or cultural
landmarks; designations of areas of critical
county concern or any modification of such
designations; appeals of the planning direc-
tor's decisions on impact fees; amendments to
the land use district maps; appeals from
appellate decisions of the planning commis-
sion involving determinations by administra-
tive officials; appeals from decisions of the
planning commission involving variances, and
any other item which the board, in its
discretion, decides should be heard at a
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specific site. In the event a proposed area
of critical county concern will affect
various properties a portion of which are
closest to one hearing site and a portion of
which are closest to another, then at least
one hearing shall be held at each site before
any final board action may be taken.
Section 3.
Section 9.5-22(h), Monroe County Code, is
hereby amended to read as follows:
(h) Meetings, Hearings and Procedure:
(1) Regular meetings of the planning commis-
sion shall be held every two (2) weeks.
Special meetings may be called by the mayor,
the chairman of the planning commission, a
majority of the members of the commission, or
a majority of the board of county commission-
ers.
(2) The location of meetings shall rotate
from Plantation Key/Key Largo to Marathon to
Key West areas. The following hearings shall
be held at the site which is closest to the
property involved: minor and major condi-
tional uses including final development plan
approval; deviations from conditional use
approvals; plat approvals; sign variances;
appeals from determinations of the planning
director regarding signs; areas of critical
county concern; appeals from determinations
of administrative officials; variances; and
any other item which the commission, in its
discretion, decides should be heard at a
specific site. In the event a proposed area
of critical county concern will affect
various properties, a portion of which are
closest to one hearing site and a portion of
which are closest to another, then at least
one hearing shall be held at each site before
any commission recommendation may be made. If
a matter is postponed due to lack of a
quorum, the chairman of the commission shall
continue the meeting as a special meeting to
be held at the same area within seven (7)
working days notwithstanding any language to
the contrary in Sec. 9.5-3(b), Monroe County
Code. In the case of delays caused by other
reasons, the hearing shall be rescheduled to
the next commission meeting, to be held at
the site closest to the property involved.
The secretary shall notify all members of the
date of the continued meeting and also shall
notify all parties.
(3) All meetings and hearings of the commis-
sion shall be open to the public.
(4) Public hearings shall be set for a time
certain.
Section 4.
Section 9.5-47(a), Monroe County Code is
hereby amended to read as follows:
(a) General: All decision-making
persons and bodies shall act in accord with
time limits established in this chapter.
except as provided in Sec. 9.5-3(b), Monroe
County Code. Action shall be taken as
3
promptly as possible in consideration of the
interests of the citizens of Monroe County.
Section 5.
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 6.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 7.
The provisions of this Ordinance shall be
included and incorporated into the Code of Ordinances of Monroe
County, Florida, as an addition or amendment thereto, and shall
be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section 8.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on
the IAfA day of _ A-, "1ffII~
, 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~~.mar
a or a1
(SEAL)
At tes t : ~IDI~~J~~9.T~T.!Ag.j;l Q~~
.L2.L R~i:1~~/
API'ROVED AS TO FORM
AND LEGAL SUFFICIENCY.
BY
FILED WITH SECRETARY OF STATE:
J:?..~~,8'1
EFFECTIVE DATE:
4
mann!, JL. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743.9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST. FLORIDA 33040
TEL. (305) 294.4641
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852.9253
December 20, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State l2o-"7o.-.-:::?rI_7- P3/
The Capi tol r..- I ( c:./) Oq tl ~
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance
No. 039-1989 concerning hearing locations for the Board of
County Commissioners, Land Use, and Planning Commission
hearings, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Regular Meeting in formal
session on December 12, 1989.
Please file for record.
Very truly yours,
. .
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board 0 County Commissioners
cc: Municipal Code Corporation j2{Y7()t::5(f~ - 05)-
Mayor John Stormont
Mayor Pro Tern. Wilhelmina Harvey
Commissioner bouglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney Randy Ludacer
County Administrator Tom Brown
Asst. Co. Admin. Donald Craig
File
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DOMESTIC RETURN RECEIPT
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
December 26, 1989
The Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida statutes,
this will acknowledge your letter of December 20, 1989 and
certified copy of Monroe County Ordinance Nos. 038-1989 and
039-1989, which were filed in this office on December 22, 1989.
Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
LCjmb
MUNICIPAL ~DDE CU~?OiA' DN
Suapiele~t Depart.ent
1"0 Box 2235
Talli~as;ee, ~L 32316-2235
Code SuppleMent No. 38 01/05/30
we have received the following literial. Thank you
for your assistance and cooperation.
Jrdinance No. 039-198~.
I .eOO-Z62-CD0E iNatlonl1
I-BOO-)42-CODE :Flofadm'
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Ol'puty Clerk
"OM:le County
P.O. Bo!' 1980
~ey West, FL
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