Ordinance 026-2013d)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. 026 -2013
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY AMENDING
SECTION 6 -23 OF THE MONROE COUNTY CODE
CLARIFYING THE DEFINITION OF NORMAL MAINTENANCE
OR ORDINARY MINOR REPAIR WORK; AMENDING
SECTION 6- 100(a) OF THE MONROE COUNTY CODE
INCREASING THE DOLLAR AMOUNT OF THE BUILDING
PERMIT EXCEPTION FOR MINOR REPAIRS FROM THE
CURRENT AMOUNT OF $1,000 TO $2,500; CLARIFYING THE
APPLICABILITY AND LIMITATIONS OF THIS SECTION;
CLARIFYING NO FEE FOR INVASIVE EXOTIC VEGETATION
REMOVAL, CLARIFYING THE EXCEPTION FOR WORK IN
AREAS SUBJECT TO FLOODPLAIN MANAGEMENT
REQUIRE- MENTS; REMOVING TOOL SHEDS FROM THE
LISTED EXCEPTIONS WITH AN EFFECTIVE DATE OF JULY
1, 2013; REMOVING SHUTTERS FROM THE LISTED
EXCEPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR FILING WITH THE
DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the County has received requests from both the Contractors' Examining Board and
the Construction Industry to increase the residential permit exception amounts in Section 6- 100(a)
from the current $1,000 to $2,500; and,
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WHEREAS, the effect of inflation has resulted in the need to increase the $1,000 building
permit exception amount to reflect the higher costs incurred in the performance of work of a minor
and /or inconsequential nature in many instances; and
WHEREAS, an amendment increasing the exception amount in Section 6- 100(a) will reduce the
need for Contractors, Property Owners and Residents of Monroe County to obtain building permits for
certain work valued at less than $2,500; and
WHEREAS, clarification of certain restrictions and limitations are necessary to ensure fair and
uniform application of the Monroe County Code; and
WHEREAS, the current inclusion of "Tool Sheds" as an exception to any new construction and
remodeling work of principal and accessory structures in Section 6- 100(a) creates a conflict with other
parts of the County and Florida Building Codes, as well as current Floodplain Regulations, and
WHEREAS, the permit exception for installation of shutters has been removed due to the more
restrictive building requirements in Monroe County related to windstorm insurance, and
WHEREAS, the definition of normal maintenance or ordinary minor repair work requires
amendment to be consistent with changes to Section 6- 100(a).
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
SECTION 1 . Section 6 -23 of the Monroe County Code is hereby amended to read as follows:
Sec. 6 -23. — Definitions.
Normal maintenance or ordinary minor repair work means the repair or replacement of any
existing component if the replacement has the same size, capacity, technical characteristics and
location, as determined by the building official, and if the fair market value of the repair work or
replacement is less than $2,500.00.
SECTION 2. Section 6- 100(a) of the Monroe County Code is amended to read as follows:
Page 2 of 6
Sec. 6 -100. — Building Permits Required.
(a) Applicability. A building permit shall be required for all work shown in the following table,
except where specifically exempted by this section:
Work Requiring a Permit
Residential Exceptions*
Site preparation including: land clearing,
None. However, no fee (including education; contractor
placements of fill, excavation, and blasting;
investigation; or tech fees) shall be charged for invasive
however, no permit for site preparation may
exotic vegetation removal if permit is not classified as
be issued except in conjunction with the
clearing and grubbing.
establishment of a use or structure allowed
in the land use district
Removal of invasive exotic vegetation
A permit is not required for the removal of ten or fewer
stems of invasive exotic vegetation on parcels with a
lawfully established principal use; however, this
exemption shall not apply if the removal is part of a
larger clearing operation undertaken in segments within
any one calendar year, whether by the same or different
contractors and /or the property owner or if undertaken
in conjunction with any construction.
Demolition
Residential demolition where the fair market value of
the demolition work is less than $2,500.00 and all
pertinent utilities have been properly disconnected.
Tie downs of habitable structures
None
Signs
Those signs that are specifically exempt from permit
requirements pursuant to part II of this Code; however,
in no case shall a sign be exempt if its installation
represents a threat to life and safety.
Fences
None
Sheds
None. Effective July 1, 2013, sheds are no longer exempt
from permitting per this Section.
Any new construction and remodeling work
Interior remodeling where the fair market value of such
of principal and accessory structures
work is less than $2,500.00 and there is no change in the
original size or configuration.
Open- sided, thatch - roofed structures on residential lots
or parcels not exceeding 100 square feet in roof
coverage;
Exterior and interior painting of single- and two - family
residential buildings;
Installation of carpeting and floor coverings in single-
Page 3 of 6
*Note: Notwithstanding the exceptions set forth herein, building permits will always be required for
new work involving electrical, mechanical, plumbing or any improvements subject to floodplain
regulations; and if the construction, repair, remodeling or improvement work is a part of a larger or
major operation, whether undertaken by the same or different contractor. NO EXCEPTIONS apply to
work conducted below base flood elevation and /or subject to the floodplain management
requirements of the Monroe County Code to structures located within a Coastal Barrier Resource
System (CBRS) or structures located within Flood Zone AE or Flood Zone VE. All residential work that is
exempt from Monroe County permitting shall still comply with the Florida Building Code, this chapter,
and part II of this Code and shall be subject to code compliance.
SECTION 3. 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.
Page 4 of 6
and two - family residential buildings that have previously
been inhabited, if the fair market value of the work is
less than $5,000.00;
Normal maintenance or ordinary minor repairs where
the fair market value of such work is less than
$2,500.00.
All work in the electrical, mechanical, and
Normal maintenance or ordinary minor repairs where
plumbing trades
the fair market value of such work is less than
$2,500.00.
The installation of satellite antennas and microwave
receiving antennas that do not exceed one meter in
diameter but only where mounted on existing buildings
or structures.
All work subject to the floodplain
Normal maintenance or ordinary minor repairs where
management requirements of part II of this
the fair market value of such work is less than
Code
$2,500.00.
Resource extraction activities (as defined in
None
part II of this Code)
Any work involving life safety
None
*Note: Notwithstanding the exceptions set forth herein, building permits will always be required for
new work involving electrical, mechanical, plumbing or any improvements subject to floodplain
regulations; and if the construction, repair, remodeling or improvement work is a part of a larger or
major operation, whether undertaken by the same or different contractor. NO EXCEPTIONS apply to
work conducted below base flood elevation and /or subject to the floodplain management
requirements of the Monroe County Code to structures located within a Coastal Barrier Resource
System (CBRS) or structures located within Flood Zone AE or Flood Zone VE. All residential work that is
exempt from Monroe County permitting shall still comply with the Florida Building Code, this chapter,
and part II of this Code and shall be subject to code compliance.
SECTION 3. 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.
Page 4 of 6
SECTION 4. 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 S. Filing
This Ordinance shall be filed with the Department of State.
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 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.
(THE REST OF THIS PAGE IS LEFT BLANK INTENTIONALLY)
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PASSED and ADOPTED at a regular meeting of the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 17 day of July, 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
HEAVILIN. CLERK
By:
Mayor George Neugent
MONROE COUNTY ATTORNEY
APPOOVED AS FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date / /2S//3
Page 6 of 6
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OF
O INTENTION TO /,, Cam^- -mac
CONSIDER
ADOPTION OF (} tti o 2 `
COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on Wednesday,July 17, w,:sr
asat 3:00p.m.,or as soon STATE OF FLORIDA
thereafter as may be heard,at the N
Harvey Government Center
1200 ''rn
COUNTY OF MONROE
Truman Avenue,2nd Floor,Key ,
West,Florida,the Board of
County Commissioners of Before the undersigned authority personally appeared Tommy Todd, who on
Monroe
County,Florida,intends to oath says that he is Advertising Director of the Key West Citizen, a daily
consider the adoption of the
folloo"ln0 County Ordinance: newspaper published in Key West, in Monroe County, Florida; that the
AN ORDINANCE OF THE attached copy of advertisement, being a legal notice in the matter of
BOARD OF COUNTY
COMMISSIONERS OF MONROE
SECTION ^ ) 6 ` a� N k ar I _ J C On I Ce
COUNTY AMENDING SECTION /V L� �- -�'(� /�'(J 'p 1�-(J
6-23 OF THE MONROE r
COUNTY
CODE CLARIFYING THE C (A R (� 4-- va-,n i ‘,4106,t4- N.AA
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DEFINITION OF NORMAL
MAINTENANCE OR ORDINARY
MINOR REPAIR WORK;
AMENDING SECTION 6-100(a) was published in said newspaper in the issue(s) of
OF THE MONROE COUNTY
CODE INCREASING THE DOLLAR AMOUNT OF THE U NL L U 9 1 Z gyp, 1!3
BUILDING PERMIT EXCEPTION •
FOR MINOR REPAIRS FROM
THE CURRENT AMOUNT OF \fffant further says that the Key West Citizen is a newspaper published in
$1,000TO$2,500;CLARIFYING
I THE APPLICABILITY AND ey West, in said Monroe County, Florida and that the said newspaper has
LIMITATIONS OF THIS eretofore been continuously ublished in said Monroe County, Florida every
SECTION; FEE CLARIFYING NO y' class and has been entered as mail matter at the post office in Key
C FOR INVASIVE EXOTIC
C VEGETATION REMOVAL, Vest, in said Monroe County, Florida, for a period of 1 year next preceding
L CLARIFYING THE EXCEPTION firstpublication of the attached copyof advertisement; an fiant further
FOR WORK IN AREAS to
F SUBJECT TO FLOODPLAIN tys that he has neither paid nor promis any p son, firm or core ation any
P MANAGEMENT
3, REQUIREMENTS;REMOVING scount, rebate, commission or refund for th purpose of sec ing this
K, TOOL SHEDS FROM THE vertisementnews a forpublication i e said r.
3- LISTED EXCEPTIONS WITH ANp p
T e EFFECTIVE DATE OF JULY 1,
Fa 2013;REMOVING SHUTTERS
< FROM THE LISTED
EXCEPTIONS;PROVIDING FOR
I SEVERABILITY;PROVIDING Signature of Affiant
FOR THE REPEAL OF ALL
7 ORDINANCES INCONSISTENT
HEREWITH;PROVIDING FOR
FILING WITH THE
DEPARTMENT OF STATE;AND worn and subscribed before me this 9 day of -1.1 , 2013
PROVIDING AN EFFECTIVE
DATE.
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7 Pursuant to Section 286.0105, oity DAWN KAWZINSKY
Florida Statutes,notice is given )may Public:
T that if a person decides to appeal NOTARY PUBLIC
F �_ f L STATE OF FL8IDA�
any decision made by the Board , i
respect to anymatter ^� ? m#EE15 33 --
fri with
considered at such hearings or •4HCE 141 F�Us 1/4/2 2E6 rn
meetings,he will need a record of 1 Gj\A ` ;or-
the proceedings,and that,for iT C -'
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such .••*17.` -n
purpose.he may need to ensure Awn Kawzi11S1Cy _ O O
that a verbatim record of the -- 7.7
proceedings is made,which pires: 1/4/16 Notary-Seal -� z,
record 3 rn
includes the testimony and : n
evidence upon which the appeal W O
to be based. SOnally Known x Produced Identification ,-.: ID CD
ADA ASSISTANCE:If you are a )e of Identification Produced
person with a disability who
needs
GMb
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT &COMPTROLLER
Moxaoe corm, FLORIDA
August 16, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 7011 - 3500- 0002 -0450 -5432
Dear Ms. Cloud,
Enclosed please find a certified copy of Ordinance No. 026 -2013 amending Monroe County
Code, Chapter 6, Section 6 -23 clarifying the definition of normal maintenance or ordinary minor repair
work; amending Monroe County Code, Chapter 6, Section 6- 100(a) increasing the dollar amount of the
building permit exception for minor repairs from the current amount of $1,000 to $2,500; clarifying the
applicability and limitations of this section; clarifying the exception for work in areas subject to
floodplain management requirements; removing tool sheds from the listed exceptions with an effective
date of July 1, 2013; and removing shutters from the listed exceptions.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting, held in formal session, on July 17, 2013. Please file for the record. Should you have
any questions please feel free to contact me at (305) 295 -3130.
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
by: Vitia Fernandez, D. C.
cc: County Attorney via e-mail
Growth Management via e-mail
County Administrator via e-mail
BOCC via e-mail
MuniCode via e-mail
File
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305- 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
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■ Complete items 1, 2, and I Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
tviS . U Z &01je,
111mo . L /-o o fe /- Oee
Roq. dray 6vild'/7
549 S. 8ronaP73?-39'7
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2. Article Number
(Transfer from service label) _
PS Form 3811. February 2004
A. Signature IIIIIIIII
x DEPT. OF STATE ❑ Agent
13 Addressee
B. Received I AUIT "T - M& C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
N . jervice Type
ertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee)
❑ Yes
7011 3500 0002 0450 5432
Domestic Return Receipt
102595 -02 -M -1540
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
August 19, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letters
dated August 16, 2013 and certified copies of Monroe County Ordinance Nos. 026 -2013, 027 -2013 and
028 -2013, which were filed in this office on August 19, 2013.
Sincerely,
�' UVj
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us