Item S3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 17.2010
Bulk Item: Yes No --1L
Division: Growth Management
Department:
Staff Contact PersonlPhone #: Susan Grimsley
Ext.2524
AGENDA ITEM WORDING: Public hearing to consider an ordinance amending the Monroe
County Code Section 6-108, defining waivers and exemptions from Building Permit Fees for
affordable housing construction or renovation, for affordable, low, or very low income housing as
defined by state statutes or Monroe County Code.
ITEM BACKGROUND: Various not for profit and for profit developers are currently
developing affordable housing projects within Monroe County. Each project is unique and provides
affordable housing for different income levels. Current leases of County property are to non-profit and
for-profit entities at varying income restrictions for each type of entity. Very Low income (50% of
median); Low income (80% of median); and Moderate income (120% of median) are defined by
Florida Statutes. There is also a definition of "Workforce Housing" which is 140% of median income
throughout the State of Florida except in Monroe County where it is 150% of median income. In
addition, certain projects provide affordable housing at 160% of median income level. This higher
income level is the maximum income level considered "affordable" within the Monroe County code. It
is also considered affordable for projects acquired by the Land Authority under F.S. 380.066. To
clarify which type of affordable housing projects can apply for permit waivers through the Board of
County Commissioners (BOCC) an amendment is being request to ordinance number 036-2009 passed
on November 18, 2009. This ordinance, as drafted and attached, indicates affordable housing projects
are defmed in accordance with the Monroe County Code, currently provided at a maximum income
level of 160% of median.
PREVIOUS RELEVANT BOCC ACTION:
November 18,2009 - Approval of ordinance 036-2009
January 20, 2010 - Approval to advertise public hearing
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:~ INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
BUDGETED: Yes _No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No x
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -X- OMBlPurchasing _ Risk Management_
DOCUMENTATION:
Included
x
Not Required_
DISPOSITION:
AGENDA ITEM #
ORDINANCE NO.
- 2010
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 6-108; PROVIDING FOR WAIVERS OF SOME
FEES FOR AFFORDABLE HOUSING; 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.
WHEREAS, in 2007, the Board of County Commissioners for Monroe County approved
a building permit fee schedule designed to allocate the costs of operating the County Building
Department to the users of the services of that department; and
WHEREAS, waivers and exemptions of permit fees have to be offset with ad valorem
taxes due to Section 553.80, F.S., which limits building permit fees to only those costs associated
with the services rendered in connection with the issuance of a building permit; and
WHEREAS, the Board of County Commissioners for Monroe County passed Ordinance
No. 036-2009 on December 16,2009, eliminating most exemptions and allowing for applications
for waiver of building permit fees for certain affordable housing as defmed by state statutes; and
WHEREAS, Monroe County Code has different definitions for affordable housing than
the Florida Statutes, thus requiring clarification of Ordinance 36-2009;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. Section 6-108, Monroe County Code, is hereby amended to read:
Elim Bldg Permit Fee Waivers
Sec. 6-108. Fees.
(a) Purpose. The purpose of this section is to establish the authority, schedule, and exemptions
for permitting and related fees.
(b) Authority and fee schedule. Except as specifically established by this chapter, the board of
county commissioners may by resolution establish a fee schedule for, but not limited to, permit
applications, permits, plans examination, certificates of competency, re-inspections, permit
renewals, administrative fees, variance requests, and administrative appeals.
(c) Required Except as authorized by this chapter, no permit shall be issued without payment
of all appropriate fees. Where a nonrefundable application fee is charged, the fee may be applied
to off-set the total permit fee at the time the permit is issued, except where the application fee
exceeds the total permit fee. In this case, the application fee shall become the total permit fee.
(d) Exemptions. Exemptions only exist as specifically provided by State statute and for
volunteer fire departments.
(e) Waivers. Not for prefit orga:ni.mtions '.vith 501(c)(3) statas from the Internal Reyoolle
Service may apply to the boaro of cOlmty eemmissioB:ers f{)r fee wai~:ers from the permit and
application f-ees for eonstruetion or renovation of afferdable er 10'N income hORsing as defined by
state statutes. Any entity may apply to the board of county commissioners for fee waivers from
the permit and application fees for construction or renovation of affordable, low or very low
income housing as defmed by state statutes or Monroe County Code. There are no other waivers
of permit fees.
(t) Refunds. No fees paid for building permit fees shall be refunded without the approval of the
board of county commissioners upon the recommendation of the county administrator. Permit
application fees are not refundable.
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Elim Bldg Permit Fee Waivers
2
Section 4 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 5. This ordinance shall take effect immediately upon its filing with the office of the
Secretary of State of the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the _ day of , 2010.
Mayor Sylvia Murphy
Mayor Pro Tem Heather Carruthers
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Kim Wigington
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairperson
OUN r .." 'RNEY
ED '. _ qM
!--___~._? 'b ,
'- ,5-- r.:J 0' / r7.
Elim Bldg Permit Fee Waivers
3