Ordinance 039-1998
039-1998
ORDINANCE # -98
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WHEREAS, the Land Development Regulations were adopted by the ~om
County Commissioners and became effective on September 15, 1986; and
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY THE MONROE COUNTY PLANNING DEPARTMENT FOR
AN AMENDMENT TO SECTIONS 9.5-391 THROUGH 9.5-
395 OF THE MONROE COUNTY CODE CONCERNING
OUTDOOR LIGHTING.
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WHEREAS, Section 9.5-511 of the Monroe County Code stipulates that the County
may make necessary adjustments to the Land Development Regulations in light of
changed conditions; and
WHEREAS, the Planning Department initiated amendments to Sections 9.5-391
through 9.5-395 concerning Outdoor Lighting; and
WHEREAS, the Development Review Committee recommended approval of the
request for a text amendment to the Planning Commission during a regular meeting
held on September 3, 1998, and the Planning Commission recommended approval
of the request to the Board of County Commissioners during a public hearing on
October 7, 1998; and
WHEREAS, the Board of County Commissioners during a public hearing held on
November 1 2, 1998 conducted a review and consideration of an amendment to
Sections 9.5-391 through 9.5-395 of the Monroe County Code concerning outdoor
lighting filed by the Monroe County Planning Department; and
WHEREAS, the Board of County Commissioners hereby makes the following
Findings of Fact and Conclusions of Law:
1. Based on Section 9.5-511 of the Monroe County Code (MCC), the Board of
County Commissioners may consider a land use change if at least one of six
criteria is met. The thirty-five (35) foot height limit for lighting, as specified
in the current land development regulations, is not appropriate for the
construction of athletic facility lighting. Therefore, the proposed text
amendment is consistent with the requirements enumerated in Section 9.5-
511 (5)(d)b.(v) (Need for Additional Comprehensiveness) of the Monroe
County Code.
2. Based on the requirements of the Little League of America and the
recommendations of the Illuminating Engineering Society of North America,
lighting for most athletic fields must be higher than thirty-five (35) feet to
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provide safe playing conditions. Therefore, the proposed text amendment is
in the interest of public safety.
3. Based on Objective 1201.4 of the Monroe County Year 2010 Comprehensive
Plan, the County shall revise the land Development Regulations to permit
and facilitate park-related development activities at County-owned sites. In
addition, Policy 101.4.24 stipulates that appurtenances, such as athletic
facility lighting, shall be allowed to exceed thirty-five (35) feet in height.
Therefore, the proposed text amendment is consistent with and furthers the
goals of the Monroe County Year 2010 Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT;
Section 1. This Board specifically adopts the findings of fact and conclusions of
law stated above.
Section 2.
below:
The existing Sections 9.5-391 through 9.5-395 shall read as shown
ARTICLE VII
DIVISION 12. OUTDOOR LIGHTING
Sec. 9.5-391. Outdoor lighting.
No structure or land shall be developed, used or occupied unless all outdoor lighting
conforms to the requirements of this division and Chapter 13, Article IV (Sea Turtle
Protection), unless otherwise specified within this Chapter.
Sec. 9.5-392. Outdoor lighting standards.
All outdoor lighting, other than that used for public athletic facilities, shall be designed,
located, and mounted at maximum heights of eighteen (18) feet for non-cutoff lights and
thirty-five (35) feet for cutoff lights. Outdoor lighting for public athletic facilities may be
designed, located, and mounted up to a maximum of seventy (70) feet in height. Except
for fields designated as public athletic facilities, "Little League Fields" shall be mounted
to a maximum of sixty (60) feet in height at the Key Largo Community Park.
Sec. 9.5-393. Maximum illumination.
All outdoor lighting shall be designed and located such that the maximum illumination
measured in foot-candles at the property line shall not exceed three-tenths (0.3) foot-
candle for non-cutoff lights and one and five-tenths (1.5) foot-candles for cutoff lights.
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Lights
~ 9.5.393
MONROE COUNTY CODE
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NON CUTOFF LIGHT
CUTOFF LIGHT
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Sec. 9.5-394. Shielding of nonresidential lighting.
All lighting from nomesidential uses shall be located, screened or shielded so that
adjacent residential lots are not directly illuminated.
Sec. 9.5-395. Waterfront lighting.
All outdoor lighting within twenty-five (25) feet of any body of water shall be cutoff
lights and shall not exceed a height of eighteen (18) feet above grade.
Section 3. 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 invalidity.
Section 4. The Clerk of the Board is hereby directed to forward a certified copy
of this ordinance to the Director of Planning.
Section 5. The Director of Planning shall transmit a certified copy of this
ordinance to the Department of Community Affairs for consistency review.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 12th day of November, 1998.
Mayor London
Mayor Pro Tem Harvey
Commissioner Douglas
Commissioner Freeman
Commissioner Reich
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BY
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
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Mayor/Chair
ATTEST: DANNY L. KOLHAGE, CLERK
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DEPUTY CLERK /'
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA mON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 22, 1998
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 039-
1998 approving the request by the Monroe County Planning
Department for an Amendment to section 9.5-391 through 9.5-395 of
the Monroe county Code concerning outdoor lighting.
This Ordinance was adopted by the Monroe County Board of
County Commissioners at a Regular Meeting in formal session on
November 12, 1998. Please file for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
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Deputy Clerk /
cc: Board of County commissioners
County Administrator
County Attorney
Growth Management Director
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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
MEMBEROFTHEFLORIDACABINET FWRIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DMSION OF ELECTIONS
HISTORIC PRESERVATION BOARDS
Historic Rorida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Board
RINGLlNG MUSEUM OF ART
December 29, 1998
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
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Dear Mr. Kolhage: -,,')> -
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Pursuant to the provisions of Section 125.66, Florida Statutes, this will ackJ')wl~ge w
your two letters dated December 22 and 23, 1998 and certified copy each of Monroe
County Ordinance Nos. 039-1998 and 041-1998, which were filed in this office on
December 28,1998.
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Sincerely,
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Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.jl.us
County of Monroe
Growth ManalZement Division
2198 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2854
Board of Countv Commissioners
Mayor Wilhelmina Harvey, Dist. I
Mayor Pro Tem Shirley Freeman, Dist. 3
Commissioner George Neugent. Dist. 2
Commissioner Mary Kay Reich, Dist. 5
Commissioner Nora Williams, Dist. 4
May 3,1999
Michael D. McDaniel, Growth Management Administrator
Florida Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399-2100
RE: Ordinance No. 023-1998 (Impact Fees/Municipalities)
Ordinance No. 039-1998 (Outdoor Lighting)
Dear Mr. McDaniel:
The two (2) above referenced ordinances were transmitted to the Department for review in December 1998.
Follow-up letters were sent on March 16, 1999 and there have been subsequent phone conversations with
your staff. However, we are still waiting for written approval from the Department in order to determine
the effective date of these ordinances. I would appreciate your assistance in determining the status of the
final orders.
Thank you for your attention to this matter. If you have any questions, please do not hesitate to call.
TJMlir
cc: James L. Roberts, County Administrator
James T. Hendrick, County Attorney
Timothy J. McGarry, AICP, Acting Director of Planning
Kif!l-Ogren, Comprehensive Plan Manager
L.Belle DeSantis, Deputy Clerk
Ken Metcalf, Community Program Administrator, DCA
Mike Des Parte, Florida Keys Field Office, DCA
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Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of Countv Commissioners
Mayor Wilhelmina Harvey, Dist. 1
Mayor Pro Tem Shirley Freeman, Dist. 3
Commissioner George Neugent, Dist. 2
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
September 21, 1999
VIA CERTIFIED MAIL - RETURN RECEIPf REQUESTED
Municipal Code Corporation
Supplement Department
1700 Capitol Circle, SW
Tallahassee,FL 32310
ATIN: Ms. Evelyn Jefferson
RE: Monroe County Ordinance No. 039-1998
Outdoor Lighting
Dear Ms. Jefferson:
Enclosed is a copy of Monroe County Ordinance 039-1998 with amended Land
Development Regulations, Sections 9.5-391 through 9.5-395, regarding the Outdoor
Lighting.
This ordinance was adopted by the Monroe County Board of County Commissioners on
November 12, 1998 and was transmitted to the Department of Community Affairs for
review on December 29, 1998. We received confirmation from DCA that Final Order
DCA99-0R-155, dated August 4, 1999, approved the ordinance and that it became
effective on September 3, 1999.
I am forwarding this ordinance and its corresponding Land Development Regulations to
you for incorporation into the Monroe County Code. If you have any questions, please
call me at (305) 289-2517. Thank you for your assistance.
Sincerely,
(l;uw~
Colleen Gardner, Executive Assistant
Growth Management Division
Enclosure
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cc: Board of County Commissioners
Danny L. Kolhage, Clerk
James L. Roberts, County Administrator
James T. Hendrick, County Attomey
Timothy J. McGarry, Director of Growth Management
Garth C. Coller, Land Use Attomey
Ralph Gouldy, Director of Environmental Resources
Kim Ogren, Sr. Administrator, Comprehensive Plan
Linda Fatora, Graphics Coordinator
Director of Planning
Jeanette Hobbs, Biologist/Coordinator
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