Ordinance 006-20151
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. 006 - 2015
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 6 -112, TEMPORARY STRUCTURES;
14 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
15 OF ALL ORDINANCES INCONSISTENT HEREWITH;
16 PROVIDING FOR INCORPORATION INTO THE MONROE
17 COUNTY CODE OF ORDINANCES; AND PROVIDING FOR AN
18 EFFECTIVE DATE.
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20 WHEREAS, the current provisions regarding temporary structures are situated in Chapter 6,
21 Buildings and Construction, of the Monroe County Code; and
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24 WHEREAS, the current provisions regarding temporary structures do not adequately
25 regulate the temporary use associated the temporary structure; and
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28 WHEREAS, the current provisions regarding temporary structures provide a maximum time
29 limit of six months for such structures; however, several temporary structures related to
30 construction projects, such as capital improvements and wastewater, often require temporary
31 structures to be located on sites for longer than six months; and
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34 WHEREAS, the Growth Management Division is proposing a consistent, related
35 amendment to the text of the Land Development Code that would address temporary uses; and
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38 WHEREAS, the Commission makes the following Conclusions of Law: 1) the ordinance is
39 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical
40 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
41 County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
42 the Monroe County Code;
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NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 6 -112 of the Monroe County Code shall be amended as follows:
Sec. 6 -112. Temporary structures.
The building official may issue a special building permit for a limited time of not more than
six months for the erection of temporary structures, including but not limited to sheds,
trailers, seats, canopies, tents, and fences used in construction work or for temporary uses and
events. Any such permit for temporary uses shall be in compliance with this section and the
provisions of the Land Development Code, specifically section 130 -5. Any structures shall be
completely removed upon expiration of the time stated in the permit, which shall be the
minimum amount of time necessary to accommodate the temporary use. In the event a
temporary structure is required for more than six months for a construction- related project,
the applicant shall apply for a new special building permit prior to the expiration of the
original building permit.
Section 2. Severability.
If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Section 3. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 4. Inclusion in the Code of Ordinances.
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 numbering system of the Code.
Section 5. Transmittal and Effective Date.
This Ordinance shall be filed with the Department of State and shall be effective as provided in
section 125.66(2)(b), Florida Statutes.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the 21st day of January , 2015.
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BOARD OF COUNTY COMMISSIONERS
OF MON COUNTY FLO
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BY:
Mayor Dann . Kolhage
' HEAVILIN, CLERK
Deputy Clerk
MONROE COON ATTORNEY
PROVED A0IRM:
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STEVEN I: WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date Mayor j-
Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
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FLORIDA D EPARTMENT 0 STATE
RICK SCOTT
Governor
February 13, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 006 -2015, which was filed in this office on February 10,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
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