Ordinance 018-20141
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 0I b , - 2014
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS ESTABLISHING SECTION 6 -3,
13 TEMPORARY CONSTRUCTION STAGING AREAS;
14 ESTABLISHING AN APPROVAL PROCESS FOR
15 CONSTRUCTION STAGING AREAS BY THE BOARD OF
16 COUNTY COMMISSIONERS; PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR REPEAL OF ALL ORDINANCES
18 INCONSISTENT HEREWITH; PROVIDING FOR
19 INCORPORATION INTO THE MONROE COUNTY CODE OF
20 ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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22 WHEREAS, a clearly defined approval process for temporary construction staging areas
23 is needed and required; and
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25 WHEREAS, the Board of County Commissioners shall approve or deny special permit
26 applications for such construction staging areas; and
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28 WHEREAS, the Board of County Commissioners makes the following Conclusions of
29 Law: 1) the ordinance is consistent with the Principles for Guiding Development in the Florida
30 Keys Area of Critical State Concern; 2) the ordinance is consistent with the provisions and intent
31 of the Monroe County Comprehensive Plan; and 3) the ordinance is consistent with the
32 provisions and intent of the Monroe County Code;
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34 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
35 COUNTY COMMISSIONERS:
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37 Section 1. Section 6 -3 of the Monroe County Code shall be established as follows:
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39 Sec. 6 -3. Temporary construction staging areas.
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41 A special permit may be granted by resolution by the board of county commissioners
42 (BOCC) to allow a property to be used as a construction staging area for an off -site
43 project. The BOCC shall hold a public hearing on the request for a temporary
44 construction staging area and shall issue a resolution granting, granting with conditions or
45 denying the request. The resolution shall take effect on the date of enactment by the
46 BOCC.
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2 (a) Applicability. A temporary construction staging area for an off -site project is a
3 permitted activity in any land use (zoning) district, provided it is approved by a
4 special permit and meets the criteria set forth in this section. This special permit shall
5 approve the temporary construction staging area location and use and shall not
6 override or substitute for any other provision of the Florida Building Code and
7 Monroe County Code that require an additional type of building permit, certification
8 or approval.
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10 (b) Criteria. Approval of such a special permit shall be granted only if the following
11 criteria are met:
12 (1) The temporary construction staging area shall serve a project being carried out in
13 the vicinity of the construction staging area;
14 (2) The temporary construction staging area shall serve a project being carried out by
15 a governmental agency;
16 (3) The temporary construction staging area shall be not be located in a tier I
17 designated area;
18 (4) The property subject to the request shall be posted and surrounding property
19 owners within 300 feet shall be notified in writing at least 15 days prior to the
20 BOCC public hearing, with the notice located so it shall be easily visible from all
21 public streets and public ways abutting the property;
22 (5) Prior to establishment of the temporary construction staging area, a special
23 building permit approving any associated temporary structure shall be issued in
24 accordance with section 6 -112;
25 (6) No clearing or filling shall occur to accommodate the temporary construction
26 staging area;
27 (7) Other than fencing, no temporary structure associated with a temporary
28 construction staging area shall be located in any required setback; and
29 (8) The temporary construction staging area shall be compatible with existing uses on
30 surrounding properties, as determined by the BOCC. If necessary, prior to
31 issuance of a special permit allowing the temporary construction staging area, the
32 board may attach conditions to any special permit approval to a) avoid substantial
33 harm to public health or safety; b) avoid substantial harm to, or impairment of the
34 normal use of, a public place; and/or c) avoid substantial harm to the
35 environment. Depending on the nature and anticipated duration of the use, as a
36 condition of approval to the special permit, the board reserves the right to:
37 a. Provide a deadline for termination of the construction staging area;
38 b. Limit the hours of operation;
39 c. Limit the type of equipment and materials on the site;
40 d. Require fencing, landscaping and/or other screening to limit potential visual
41 and noise impacts of the use on adjacent property owners; and
42 e. Require surface water management improvements to the affected site; and
43 (9) The property shall be restored to its prior condition.
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45 Section 2. Severability.
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I If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
2 inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
3 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
4 circumstances, such holding shall not affect its applicability to any other person, property or
5 circumstances.
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7 Section 3. Conflictine Provisions.
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9 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
10 extent of said conflict.
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12 Section 4. Inclusion in the Code of Ordinances.
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14 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
15 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
16 appropriately renumbered to conform to the uniform numbering system of the Code.
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18 Section 5. Transmittal and Effective Date.
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20 This Ordinance shall be filed with the Department of State and shall be effective as provided in
21 section 125.66(2)(b), Florida Statutes.
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23 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
24 at a regular meeting held on the IO+*, day of pccc l bc►- , 2014.
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26 Mayor Danny L. Kolhage Yes
27 Mayor pro tem Heather Carruthers Yes
28 Commissioner Sylvia Murphy Yes
29 Commissioner George Neugent Yes
30 Commissioner David Rice Yes
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BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTYO
35 1 A BY: *Vi Ma � Kolhage
3 (SEAL)
38' ATTEST: AMY HEAVILIN, CLERK
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41 Deputy Clerk
MO ffROE COUNTY ATTORNEY
A VED A S V9 FORM:
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STEVEN T. WILLIAMS
ASSISTANT C Ut�TY ATTORNEY
Date 12411 1 // �(
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