Ordinance 007-2003 ORDINANCE 007 -2003
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-4 (H-6, HOME OCCUPATION), MONROE COUNTY
CODE TO PROVIDE A CLEARER DEFINITION; AMENDING
SECTIONS 9.5-233, 234, 235.1, 236, 237, 238, 239, 240, 241, 242,
AND 248 TO DELETE PUBLIC HEARING REQUIREMENT;
AMENDING SECTION 9.5-247 (COMMERCIAL FISHING SPECIAL
DISTRICTS), TO ALLOW HOME OCCUPATIONS; CREATING
SECTION 9.5-259 TO PROVIDE RULES AND PROCEDURES
FOR ADMINISTRATIVE APPROVAL BY THE PLANNING
DIRECTOR OF HOME OCCUPATIONS; PROVIDING FOR THE
SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
THE INCORPORATION INTO THE MONROE COUNTY CODE;
DIRECTING 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.
WHEREAS, Section 9.5-4. Definitions (H-6) defines Home Occupations
and continues inappropriately to describe the administrative methodology
required to receive a special permit; and
WHEREAS, Section 9.5-4 (H-6) should contain only a definition of Home
Occupation; and
WHEREAS, required standards for a home occupation and the applicable
administrative regulations should appropriately be located in the regulatory
sections of the Monroe County Land Development Regulations; and
WHEREAS, during the past ten (10) to twenty (20) years the numbers of
home occupations have increased dramatically; and
WHEREAS, the issuance of a special permit for home occupations only
after a public hearing by the Planning Commission has become an onerous and
time consuming effort for the applicant, the Commission, and Staff; and
WHEREAS, the Monroe County Board of County Commissioners finds
that there is a need to revise the definition of Home Occupation; and
WHEREAS, the Monroe County Board of County Commissioners finds
that there is a need to amend the regulations for issuance of a home occupation
special permit; and
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WHEREAS, at a public meeting of October 3, 2002 the Monroe County
Development Review Committee reviewed the staff report the Findings of Fact
and the proposed amendment and recommended approval of the proposed text
amendment; and
WHEREAS, the Monroe County Planning Commission, during regular
meetings held on November 6, 2002, on November 19, 2002 and on December
4, 2002 conducted hearings on the proposed text and recommended approval of
the text to the Monroe County Board of County Commissioners; and
WHEREAS, the Board of County Commissioners examined the proposed
amendment to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held the
required public hearing on January 15, 2003; and
WHEREAS, based on the Monroe County Code the Board of County
Commissioners finds that the proposed change is 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, based on the Monroe County Year 2010 Comprehensive
Plan, the Board of County Commissioners finds that the proposed text
amendment is consistent with and furthers the goals of the Plan; and
WHEREAS, The Monroe County Board of County Commissioners hereby
supports the decision of the Monroe County Planning Commission and the staff
of the Monroe County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County
Commissioners that the following amendment to the Monroe 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. Monroe County Code Section 9.5-4 (H-6) is amended to read as
follows:
Home occupation means a business, profession, occupation or
trade conducted within a residential building or accessory structure for gain
or support by a resident of the dwelling.
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Section 2. Monroe County Code Section 9.5-233(a)(3) [Urban Residential
District] is amended to read as follows:
Home occupations--Special use permit required.
Section 3. Monroe County Code Section 9.5-234(a)(4) [Urban Residential-
Mobile Home District] is amended to read as follows:
Home occupations--Special use permit required.
Section 4. Monroe County Code Section 9.5-235.1 (a)(3) [Urban Mobile
Home-Limited District] is amended to read as follows:
Home occupations--Special use permit required.
Section 5. Monroe County Code Section 9.5-236(a)(4) [Sub Urban
Residential District] is amended to read as follows:
Home occupations--Special use permit required.
Section 6. Monroe County Code Section 9.5-237(a)(4) [Sub Urban
Residential District -Limited] is amended to read as follows:
Home occupations--Special use permit required.
Section 7. Monroe County Code Section 9.5-238(a)(3) [Sparsely Settled
Residential District] is amended to read as follows:
Home occupations--Special use permit required.
Section 8. Monroe County Code Section 9.5-239(a)(3) [Native Area District] is
amended to read as follows:
Home occupations--Special use permit required.
Section 9. Monroe County Code Section 9.5-240(a)(3) [Mainland Native
Area District] is amended to read as follows:
Home occupations--Special use permit required.
Section 10. Monroe County Code Section 9.5-241 (a)(3) [Offshore Island
District] is amended to read as follows:
Home occupations--Special use permit required.
Section 11. Monroe County Code Section 9.5-242 (a)(4) [Improved
Subdivision District] is amended to read as follows:
Home occupations--Special use permit required.
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Section 12. Monroe County Code Section 9.5-245(d) [Commercial Fishing
Area District] is amended by adding subparagraph (4) that reads as
follows:
(4) Home occupations--Special use permit required; commercial
fishing does not require a special use permit.
Section 13. Monroe County Code Section 9.5-246(a)[Commercial Fishing
Village District] is amended by adding subparagraph (6) that reads as
follows:
(6) Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 14. Monroe County Code Section 9.5-247(a)(1) [Commercial
Fishing Special District 1] is amended by adding subparagraph f. that reads
as follows:
f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 15. Monroe County Code Section 9.5-247(b)(1) [Commercial
Fishing Special District 2] is amended by adding subparagraph f. that reads
as follows:
f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 16. Monroe County Code Section 9.5-247(e)(1) [Commercial
Fishing Special District 5] is amended by adding subparagraph m. that
reads as follows:
m. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 17. Monroe County Code Section 9.5-247(h)(1) [Commercial
Fishing Special District 8] is amended by adding subparagraph d. that
reads as follows:
d. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 18. Monroe County Code Section 9.5-247(1)(1) [Commercial
Fishing Special District 12] is amended by adding subparagraph f. that
reads as follows:
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f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 19. Monroe County Code Section 9.5-247(m)(1) [Commercial
Fishing Special District 13] is amended by adding subparagraph f. that
reads as follows:
f. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 20. Monroe County Code Section 9.5-247(p)(4) [Commercial
Fishing Special District 16] is amended by adding subparagraph c. that
reads as follows:
c. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.:
Section 21. Monroe County Code Section 9.5-247(q)(3) [Commercial
Fishing Special District 17] is amended by adding subparagraph e. that
reads as follows:
e. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 22. Monroe County Code Section 9.5-247(s)(1) [Commercial
Fishing Special District 20] is amended by adding subparagraph m. that
reads as follows:
m. Home occupation--Special use permit required; commercial
fishing does not require a special use permit.
Section 23. Monroe County Code Section 9.5-248 (a)(10) [Mixed Use
District] is amended to read as follows:
Home occupations--Special use permit required.
Section 24. Monroe County Code is amended to create Section 9.5-259
that reads as follows:
Sec. 9.5-259. Home OccuDation SDecial Use Permit
(a) Applicability: Home occupation special use permits may be
approved in any zoning district in which residential use is
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allowed, including nonconforming residential uses where such
use was otherwise lawfully established,
(b) Applications: Applications for home occupation special use
permits shall be submitted to the planning director on forms
provided by the director. The application shall include a properly
executed affidavit and agreement from the applicant attesting to
and agreeing to compliance with the standards and requirements
for home occupations as outlined in this section.
(c) Authority: The planning director is authorized to approve and
otherwise administer home occupational special use permits as
specifically set forth in this section,
(d) Review by the planning director: Within fifteen (15) working
days of receiving a complete application, the planning director
shall determine whether the proposed home occupation is
consistent with the following standards and requirements:
(1) The home occupation is incidental and secondary to the
residential use of the building;
(2) The home occupation does not change the essential
residential character of the use;
(3) Not more than one (1) person who is a nonresident of the
dwelling unit is employed by the home occupation;
(4) The home occupational use is not more than twenty (20)
percent of the total floor area of the dwelling;
(5) The home occupation does not involve any retail sales or
service which would require customers to visit the
residence, nor does the physical address of the residence
appear on any advertising materials including stationary
and business cards;
(6) The home occupation is not visible from any other
residential structure;
(7) No sign advertising the home occupation is displayed on
the premises;
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(8) The home occupation does not involve the outdoor storage
of any equipment or materials;
(9) The home occupation does not utilize mechanical, electrical
or other equipment which produces noise, electrical or
magnetic interference, vibration, heat, glare, or other
nuisance outside the residential building or accessory
structure; and
(10) The home occupation does not increase the average daily
automobile trips generated by the residence in which the
home occupation is located; and
(11) Upon issuance of a permit, the applicant must apply for
and maintain an occupational license for the home
occupation where otherwise required.
(e) Public notification of pending approval: The planning director,
after determining that an application for a home occupation
special use permit is in compliance with the requirements of this
division, shall give notice of the pending approval as follows:
(1) The planning director shall provide written notice by
regular mail to owners of real property located within 300
feet of the property which is the subject of the proposed
home occupation; and
(2) The applicant shall post the property of the proposed home
occupation with a waterproof sign at least four (4) square
feet in front surface area, which is so lettered as to be
easily visible from all public streets and public ways
abutting the property. The property shall remain posted
for no less than thirty (30) calendar days beginning within
five (5) working days of the date that the application is
deemed to be in compliance by the planning director; and
(3) The above notices shall provide a brief description of the
proposed home occupation and indicate where the public
may examine the application. The cost of providing this
notice shall be borne by the applicant.
(f) Decision by the planning director: After thirty (30) calendar days
of posting the property and upon a finding that the proposed
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home occupation complies with all of the requirements of this
section, the planning director shall issue a home occupational
special use permit, with or without conditions. The permit and
the affidavit attesting to compliance with the above
requirements shall be filed with the clerk of the court and
recorded in the official records of Monroe County. The permit
shall authorize only the current resident of the dwelling unit for
the particular home occupation proposed and shall not be
transferable to another location or to another person or entity.
(g) Public Hearing on an application for a Home Occupation Special
Use Permit: If requested by the applicant, or an adversely
affected owner or resident of real property located in Monroe
County, during the required thirty (30) calendar days of the
posting, a public hearing date shall be scheduled on the
application for a home occupational special use permit. All costs
related to the public hearing shall be the responsibility of the
applicant, The public hearing shall be conducted by the planning
commission in accordance with the provisions of Sec. 9,5-46;
(h) Revocation: The planning director shall have the authority to
initiate actions to revoke home occupation special use permits
and all such actions shall require a public hearing to be
conducted before the planning commission in accordance with
Section 9.5-22. The planning commission shall have the
authority to revoke any home occupation special use permit
where there is competent and substantial evidence to establish
any of the following:
(1) That an application for home occupation special use
approval contains knowingly false or misleading
information;
(2) A violation by the holder of a home occupation
special use permit of any provision of this section;
(3) A violation of any condition of the home occupation
special use permit imposed pursuant to this section;
or
ill That the home occupation constitutes a public or
private nuisance under Florida law.
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Section 25. 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 26. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said
conflict.
Section 27. 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 28. 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 29. 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.
[This page is intentionally left blank]
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CLEAN.032603.doe
PASSED AND ADOPTED By the Board of County Commissioners of
Monroe County, Florida at a regular meeting held on the 19th day of
March , 2003.
Mayor Dixie Spehar yes
Mayor Pro Tern Murray E. Nelson yes
Commissioner Charles "Sonny" McCoy yPs
Commissioner George Neugent yes
Commissioner David P. Rice yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
ail; )39: al31-444)
BY
Mayor /Chairperson
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ATTEST: DANNY KOHLAGE CLERK `1- p= -v T
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Page 10 of 1 o
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145
FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146
April 9, 2003
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
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 005-2003 dissolving the Translator Taxing District and repealing the laws
establishing the District; 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. 006-2003 amending Chapter 5.5 Monroe County Code (boats, docks, and
waterways) to create a combustion engine exclusion zone on shallow areas adjacent to Whale
Harbor Channel, to amend certain defmitions, providing for severability, providing for repeal of
inconsistent Ordinance clauses, providing for incorporation into the Monroe County Code,
providing for an effective date.
Ordinance No. 007-2003 amending Monroe County Code Section 9.5-4 (H-6, Home
Occupation), Monroe County Code to provide a clearer definition; amending Sections 9.5-233,
234, 235.1, 236, 237, 238, 239, 240, 241, 242, and 248 to delete public hearing requirement;
amending Section 9.5-247 (Commercial Fishing Special Districts), to allow home occupations;
creating Section 9.5-259 to provide rules and procedures for administrative approval by the
Planning Director of home occupations; providing for the severability; providing for the repeal
of all Ordinances inconsistent herewith; providing for the incorporation into the Monroe County
Code; directing the Clerk of the Board to forward a certified copy of the Ordinance to the Florida
Department of Community Affairs; and providing for an effective date.
The Monroe County Board of County Commissioners at a Regular Meeting in formal
session on March 19, 2003 adopted these Ordinances. Please file for record.
Should you have any questions please feel free to contact me at(305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissio ers
by:
Pamela G. Hancock,D.C.
cc: County Administrator w/o documents
Municipal Code-Ordinances 005 &006
Growth Management-Ordinances 006 &007
Property Appraiser-Ordinance 005
Public Safety-Ordinance 005
OMB-Ordinance 005
County Attorney
BOCC
File
�)
SENDER:-COMPLE°TE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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item 4 if Restricted Delivery is desired.
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Addressee
so that we can return the card to you. ❑Addressee
• Attach this card to the back of the mailpiece, B. R eive by(Pri ame) C. Date of Delivery
or on the front if space permits. l'E E.,,Vee S
1. Article Addressed to: D. Is delivery dress different from item 1? ❑Yes
If to address below: 0 No
Municipal Code Corporation
P. O. Box 2235 APR 1 5 2003
Tallahassee, FL 32316-2235
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SENDER: COMPLETE THIS SECTION OMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete \ . Signature
item 4 it.Restricted Delivery is desired. X GRACIE PENTON ElAgent
IIIPrint your name and address on the reverse irI: Addressee
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If YES,enter delivery address below: ❑ No
epartment of State •
ireau of Administrative Code
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7 West Gaines Street 3. s C -type
Ilahassee, FloridaSuite L,43 LI'Certified Mail El Mail
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PS Form 3800,June 2002 See Reverse for Instructions
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COWlty Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TampalHillsborough COWlty
Preservation Board
FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF ELECTIONS
RINGLING MUSEUM OF ART
April 17, 2003
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated April 9, 2003 and certified copies of Monroe County
Ordinance Nos. 005-2003 through 007-2003, which were filed in this office on
April 16, 2003.
Si~~
Liz Cloud, Chief
Bureau of Administrative Code
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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.fl.us . E-Mail: election@mail.dos.statefl.us
Email Confirmation
Muni,i
t Code
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Municipal Code Corporation
inLQ@mgjJ.mvoic:ode.com
P.O. Box 2235
Tallahassee, FL 32316-2235
Monroe County,FL Code of Ordinances - 1979(11270)
Supplement 81
Recorded: 7/14/20031:27:33 PM
We have received the following material through Hard Copy.
This is our new acknowledgement format. You will no longer be receiving post cards for
ordinances received. If you have any questions please contact us at the phone number or
email address listed below.
Thank you for your assistance and cooperation.
Document Adoption Description
Ordinance No. 3/19/2003 Amending sec. 9.5-4(h-6, home occupation)
007-2003
Ordinance No. 4/16/2003 Amending land development regulations by adding sec. 95-22(d)(7)
013-2003 planning commission
Ordinance No. 4/16/2003 Amending land development regulations secs. 9.5-22(h)(1)
014-2003
Ordinance No. 4/16/2003 Amending land development regulations sec. 95-4(A-5) time
015-2003 restrictions for maintenance of affordable housing
Ordinance No. 6/18/2003 Amending buildings and construction sec. 6-27(D)(2) fees
019-2003
Ordinance No. 6/18/2003 Prohibiting person from remaining upon Loop Road between
021-2003 sundown and sunrise
Ordinance No. 6/18/2003 Amending sec. 6-56 definition of aluminum specialty contractor
022-2003
Tired of receiving your acknowledgements by mail?
Send us your email addressatilJf()@!rnQiI.munic;ode.cC>lll.
Get our 50th anniversary cookbook at www.rmmic;Q~~.c()m
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Should you have questions please contact us.
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Let Municipal Code handle the distribution and sales.
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CONTINUED ON NEXT PAGE
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http://intranet.municode. com/B IS/Recording! acknowledgePrint.asp?jobid= 12454&print=tr... 7/25/2003
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DCA Final Order No.: DC3=0R-114 0
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STATE OF FLORIDA •._
DEPARTMENT OF COMMUNITY AFFAIRS -a
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In re: MONROE COUNTY LAND DEVELOPMENT �^ 7
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 007-2003
FINAL ORDER
The Department of Community Affairs (the "Department") hereby issues its Final Order,
pursuant to §§ 380.05(6) and (11), Fla. Stat., and § 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 April 23, 2003,the Department received for review Monroe County Ordinance
No. 007-2003 which was adopted by the Monroe County Board of County Commissioners on
March 19, 2003 ("Ord. 007-2003"). Ord. 007-2003 amends the following Sections of 9.5, Land
Development Regulations of the Monroe County Code: Section 4, Definitions, and Sections
233, Urban Residential Development, 234, Urban Residential Mobile Home District, 235.1,
Urban Mobile Home- Limited District,236, Sub Urban Residential District, 237 Sub Urban
Residential District(Limited), 238, Sparsely Settled Residential District, 239,Native Area
District, 240, Mainland Native Area District, 241, Offshore Island District, 242, Improved
Subdivision District, and 248, Mixed Use District by deleting public hearing requirements. The
ordinance amends Section 247, Commercial Fishing District, allowing for home occupations in
this district. Additionally, the ordinance creates Section 259, Home Occupation Special Use
Permit, providing rules and procedures for administrative approval of home occupations.
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3. Ord. 007-2003 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) and (11), Fla. Stat., and § 380.0552(9),Fla. Stat. (2002).
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.
Admin. Code.
6. "Land development regulations"include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2002). The
regulations adopted by Ord. 007-2003 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. 007-2003 promotes and furthers the following Principles:
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
9. Ord. 007-2003 is not inconsistent with the remaining Principles. Ord. 007-2003 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 007-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
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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, Flor'•a.
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H. E. "SONNY" TIMMERMAN, DIRECTOR
Division of Community Planning
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
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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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 13 'day of May, 2003.
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Dixie Spehar
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
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
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