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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 015 - 2011
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE 138 -22, TYPE OF DEVELOPMENT NOT
AFFECTED, TO INCORPORATE CRITERIA FOR
RESIDENTIAL ROGO EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, since October 22, 2003, the criteria used to determine exemptions from the
Rate of Growth Ordinance (ROGO) permit allocation system have been outlined in
Administrative Interpretation #03 -108; and
WHEREAS, this text amendment codifies the criteria and process to be used by Monroe
County to grant or deny exemptions from the Rate of Growth Ordinance (ROGO) permit
allocation system; and
WHEREAS, during a regularly scheduled public hearing held on June 22, 2011, the
Planning Commission reviewed the ordinance and recommended approval to the Board
of County Commissioners;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 138 -22 shall be amended as follows:
Sec. 138 -22. Type of development not affected.
The residential ROGO shall not apply to the development described below:
(1) Redevelopment on -site. Redevelopment, rehabilitation or replacement of any
lawfully established residential dwelling unit or space that does not increase the
number of residential dwelling units above that which existed on the site prior to
Page 1 of 4
the redevelopment, rehabilitation or replacement shall be exempt from the
residential ROGO system.
The planning director shall review available documents to determine if a body of
evidence exists to support the existence of units on or about July 13, 1992, the
effective date of the original ROGO. Such evidence shall be documented and
submitted to the planning director on a form provided by the planning department.
The application shall include, at a minimum, at least two of the following
documents:
a. Any issued Monroe County building permit(s) supporting the existence of
the structure(s) and its use(s) on or about July 13, 1992;
b. Documentation from the Monroe County Property Appraiser's Office
indicating residential use on or about July 13, 1992;
c. Aerial photographs and original dated photographs showing the
structure(s) existed on or about July 13, 1992;
d. Residential County Directory entries on or about July 13, 1992;
e. Rental, occupancy or lease records, on or about July 13, 1992, indicating
the number, type and term of the rental or occupancy;
f. State and/or County licenses, on or about July 13,1992, indicating the
number and types of rental units;
g. Documentation from the utility providers indicating the type of service
(commercial or residential) provided and the number of meters in
existence on or about July 13, 1992; and
h. Similar supporting documentation not listed above as determined suitable
by the planning director.
Any residential dwelling unit established after the effective date of the original
ROGO should be documented through the ROGO permit allocation system and
residential dwelling units that received such allocations that were constructed and
received certificates of occupancies may be established through verification of the
certificate of occupancy alone.
Provision of affidavits to support the existence of a residential dwelling unit(s) is
allowed, but cannot be the sole record upon which a decision is based.
Provision of documents is the responsibility of the applicant.
Residential dwelling units determined to be exempt from the ROGO per this
subsection that have not been previously acknowledged by the planning director
may also be nonconformities, pursuant to Chapter 102, Article III
Nonconformities. Such occasions shall require a determination by the planning
director as to the lawfulness of the nonconformity.
Page 2 of 4
Section 2. Severability.
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 3. Conflicting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state, or County law, rule code or regulation, the
more restrictive shall apply.
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required
by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Florida State Land Planning Agency
or Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of
Ordinances of the County of Monroe, Florida, as an addition to amendment thereto, and
shall be appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
[This area is intentionally blank]
Page 3 of 4
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 21st day of September , 2011.
Mayor Heather Carruthers Yes
Mayor pro tem David Rice Yes
Commissioner Kim Wigington Yes
Commissioner George Neugent Yes
Commissioner Sylvia Murphy Yes
MONROE tpUNTY BOARD OF COUNTY COMMISSIONERS
�,.Att6st DAN DANKY L. KOLHAGE, CLERK
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MO E COUNTY ATTORNEY
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Page 4 of 4
MONROE COUNTY COURTHOUSE BRANCH OFFICE:
c b couar r
500 WHITEHEAD STREET, SUITE 101 4 c PLANTATION KEY
KEY WEST, FLORIDA 33040 t p GOVERNMENT CENTER
TEL. (305) 294 -4641 / ° , 1' * 88820 OVERSEAS HIGHWAY
FAX (305) 295 -3663 ;'. �,1��I ; c j PLANTATION KEY, FLORIDA 33070
i •. TEL. (305) 852 -7145
BRANCH OFFICE: ,I c °"�� FAX (305) 852 -7146
MARATHON SUR COURTHOUSE
3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING
MARATHON, FLORIDA 33050 MONROE COUNTY 50 HIGH POINT ROAD
TEL. (305) 289 -6027 PLANTATION KEY, FLORIDA 33070
FAX (305) 289 -1745 www.clerk -of- the- court.com TEL. (305) 852 -7145
FAX (305) 853 -7440
October 13, 2011
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7010 1670 0001 0244 8911
Dear Ms. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 013 -2011 amending Section 114 -67(c) of the Monroe County Land
Development Code, concerning the required off - street parking requirements for multifamily
residential dwelling units; Providing for severability; Providing for repeal of conflicting
provisions; Providing for transmittal to the Department of Community Affairs and the Secretary
of State; Providing for codification and Providing for an effective date.
Ordinance No. 014 -2011 establishing Monroe County Code Section 114 -21,
implementing a recyclable materials recycling program for multifamily and nonresidential
developments of the Monroe County Land Development Code; Providing for severability;
Providing for repeal of conflicting provisions; Providing for transmittal to the Department of
Community Affairs and the Secretary of State; Providing for codification and Providing for an
effective date.
Ordinance No. 015 -2011 amending Monroe Section 138 -22, type of development not
affected, to incorporate criteria for residential ROGO exemptions; of the Monroe County Land
Development Code, to incorporate criteria for Residential Rate of Growth Ordinance (ROGO)
exemptions; Providing for severability; Providing for repeal of conflicting provisions; Providing
for transmittal to the Department of Community Affairs and the Secretary of State; Providing for
codification and Providing for an effective date.
Ordinance No. 016 -2011 amending Monroe County Code Sections 101 -1, Definitions,
and 1 18- 12(rn)(4), Shoreline setback, docking facilities, adjacent parcel, to clarify what elements
of docking facilities may be permitted on adjacent parcels of land; Providing for severability;
Providing for repeal of conflicting provisions; Providing for transmittal to the Department of
Community .Affairs and the Secretary of State; Providing for codification and Providing for an
effective date.
Ordinance No. 017 -2011 amending Monroe County Code Section 110 -5 Notice, Section
110 -69 Minor Conditional Uses; and Section 110 -70 Major Conditional Uses, to modify the
procedure fir public notice of minor and major conditional use permit applications and to revise
the process for reviewing minor and major conditional use permit applications; Providing for
severability; Providing for repeal of conflicting provisions; Providing for transmittal to the
Department of Community Affairs and the Secretary of State; Providing for codification and
Providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on September 21, 2011. Please file for the record.
Should you have any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Isabel C. DeSantis, D.C.
cc: County Attorney via e -mail
Growth Management via e-mail & courier
File
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT DIVISION OF LIBRARY AND INFORMATION SERVICES KURT S. BROWNING
Governor Secretary of State
October 18, 2011
- N - t�
Honorable Danny L. Kolhage c-,
Clerk of the Circuit Court ; o
Monroe County
500 Whitehead Street, Suite 101 71
Key West, Florida 33040 _:--- o
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Attention: Isabel C. DeSantis, Deputy Clerk
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Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated October 13, 2011 and certified copies of Monroe County Ordinance Nos. 013 -2011, 014 -2011, 015-
2011, 016 -2011 and 017 -2011, which were filed in this office on October 17, 2011.
Sincerely,
( A tl ig ChaGS
Liz Cloud
Program Administrator
LC /jw
i ----da ,---.°11 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250 g
Telephone: 850.245.6600 • Facsimile: 850.245.6282 • http: / /info.florida.gov
Commemorating 500 years of Florida history www.fla500.com
VIVA FLORIDA 500. VIVA FLORIDA 500.
DEO Final Order No.: DEO -11 -0031
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: MONROE COUNTY LAND c- -;.. ; ;
DEVELOPMENT REGULATIONS
ADOPTED BY MONROE COUNTY
ORDINANCE NO. 015 -2011
D• ,a
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FINAL ORDER
•
The Department of Economic Opportunity (the "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6), Fla. Stat., and § 380.0552(9), Fla. Stat. (2010), 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 October 20, 2011, the Department received for review Monroe County Ordinance No.
015 -2011 ( "Ord. 015- 2011 "), adopted by Monroe County on September 21, 2011.
3. The purpose of Ord. 015 -2011 is to amend Monroe County Code Section 138 -22, Type of
Development Not Affected, to incorporate criteria for Residential Rate of Growth Ordinance
(ROGO) Exemptions. The County recognizes lawfully established units that were in place as of
1992 when the ROGO Ordinance was adopted. Ord. 015 -2011 will grandfather lawfully
established structures through a review process that requires documents from various sources
including the property appraiser records, building permits, aerial photographs, state and county
licenses, utility records county directories, rental lease documents, and personal affidavits.
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. (2010).
DEO Final Order No.: DEO -11 -0031
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552, Fla. Stat. (2010) and Rule 28- 29.002 (superseding Chapter 27F -8), Fla.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. (2010). The regulations
adopted by Ord. 015 -2011 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. 015 -2011 is consistent with and furthers the following Principles:
(a) To strengthen a local government's capabilities for managing land use and
development so that the local government is able to achieve these objectives
without continuing the area of critical state concern designation.
(d) To ensure the maximum well -being of the Florida Keys and its citizens
through sound economic development.
(n) To protect the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
9. Ord. 015 -2011 is consistent with the Principles for Guiding Development as
a whole.
10. Ord. 015 -2011 furthers Monroe County Comprehensive Plan Policy 101.4.23.
WHEREFORE, IT IS ORDERED that Ord. 015 -2011 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.
2
DEO Final Order No.: DEO -11 -0031
DONE AND ORDERED in Tallahassee, Florida.
. f
J. omas Beck, AICP
Director, Division of Community Planning
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, Florida 32399 -4128
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING 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
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.
3
DEO Final Order No.: DEO -11 -0031
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.
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 c' , � ct copies have been furnished to
the persons listed below by the method indicated this , �aay of November, 2011.
( Miriam Snipe , Agency Clerk
By U.S. Mail:
Honorable Heather Carruthers
Mayor of Monroe County
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
4
DEO Final Order No.: DEO -11 -0031
Christine Hurley
Growth Management Director
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator, DCA Tallahassee
Richard E. Shine, Assistant General Counsel, DCA Tallahassee
5