Ordinance 017-20172
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NOo 17 -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
LAND DEVELOPMENT CODE SECTION 101 -1 TO CREATE
DEFINITIONS RELATED TO FLOOD PROTECTION HEIGHT
EXCEPTIONS; AND AMENDING SECTION 131 -2 TO PROVIDE
CERTAIN EXCEPTIONS TO THE HEIGHT LIMIT IN ORDER TO
PROTECT PROPERTY FROM FLOODING AND REDUCE
FLOOD INSURANCE COSTS BY ESTABLISHING STANDARDS
WHEN A STRUCTURE CAN ELEVATE ABOVE FEMA BASE
FLOOD ELEVATION AND INCLUDING A MAXIMUM HEIGHT
LIMIT; AND TO ADDRESS HEIGHT EXCEPTIONS FOR NON -
HABITABLE ARCHITECTURAL DECORATIVE FEATURES
WITHIN THE OCEAN REEF MASTER PLANNED COMMUNITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on the 27thday of September, 2017, at a special scheduled meeting, the
Monroe County Board of County Commissioners adopted Ordinance016 -2017, amending Policy
101.5.30 to include the definition of height; creating Policy 101.5.31 to address non - habitable
architectural decorative features within the Ocean Reef community; and creating Policies
101.5.32 and 101.5.33 to provide certain exceptions to the height limit in order to protect
property from flooding and reduce flood insurance costs by establishing standards when a
structure can elevate above FEMA base flood elevation and including a maximum height limit;
and
WHEREAS, in order to be consistent with the adopted Monroe County Year 2030
Comprehensive Plan, amendments to the Land Development Code are necessary; and
Ord 017 -2017
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WHEREAS, Florida Statute Sections 163.3194 and 163.3201 require land development
regulations to be consistent with and implement the Comprehensive Plan; and
WHEREAS, the proposed Land Development Code amendments are consistent with and
implement the adopted amendments to Policies 101.5.30, 101.5.31, 101.5.32 and 101.5.33 of the
Comprehensive Plan; and
WHEREAS, the Monroe County Planning & Environmental Resources is proposing
amendments to Section 101 -1 to create definitions related to flood protection height exceptions;
and amending Section 131 -2 to provide certain exceptions to the height limit in order to protect
property from flooding and reduce flood insurance costs by establishing standards when a
structure can elevate above FEMA base flood elevation and including a maximum height limit;
and to address height exceptions for non - habitable architectural decorative features within the
Ocean Reef master planned community; and
WHEREAS, the Monroe County Development Review Committee (DRC) considered
the proposed amendment at regularly scheduled meetings held on October 27, 2016, and January
26, 2016; and
WHEREAS, the Monroe County Planning Commission held a public hearing on
February 24, 2016, for review and recommendation on the proposed amendment; and
WHEREAS, based upon the information and documentation submitted, the Planning
Commission made the following Findings of Fact and Conclusions of Law:
1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County Year 2030 Comprehensive Plan; and
2. The proposed amendment is consistent with the Principles for Guiding Development
for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3. The proposed amendment is consistent with one or more of the required provisions of
Section 102- 158(d)(7)b. of the Land Development Code; and
WHEREAS, the Monroe County Planning Commission recommended approval of the
proposed amendment; and
WHEREAS, at a regular meeting held on the 12 day of April, 2017, the Monroe
County Board of County Commissioners held a discussion of the proposed Land Development
Code text amendment and provided direction to staff regarding proposed draft amendment
language; and
WHEREAS, at a special scheduled meeting on the 27tWay of September, 2017, the
BOCC held a public hearing to consider adoption of the proposed Land Development Code text
amendment;
Ord O 1 7 -2017
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Development Code is hereby amended as follows:
Section 101 -1. - Definitions.
The following words, terms and phrases, when used in this Land Development Code,
shall have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Elevate means the action of retrofitting or raising a building to a higher positon.
Elevated Building means a building that has its lowest floor raised above the ground
level by foundation walls, shear walls, posts, piers, pilings, or columns.
Retrofit means methods to modify a lawfully established existing building to reduce its
exposure to flooding and raise the living area to meet or exceed flood levels. In general,
retrofitting involves lifting the building and constructing a new foundation or extending
the existing foundation, or leaving the building in place and either constructing a new
elevated floor system within the building or adding a new upper story and converting
the ground level to a compliant enclosure that is used only for parking, building access,
or storage.
Sec. 131 -2. Maximum height.
No structure or building shall be developed that exceeds a maximum height of 35 feet.
Exceptions will be allowed for chimneys; spires and/or steeples on structures used for
institutional and/or public uses only; radio and/or television antenna; flagpoles; solar
apparatus; utility poles and/or transmission towers; and certain antenna supporting
structures with attached antenna and/or collocations as permitted in chapter 146.
Exceptions will be allowed for flood protection as specifically permitted in Policies
101.5.32 and 101.5.33 and listed below. However, in no event shall any of the
exclusions enumerated in this section be construed to permit any habitable or usable
space to exceed the maximum height limitation except as specifically permitted in
Policies 101.5.32 and 101.5.33. In the case of airport districts, the height limitations
therein shall be absolute and the exclusions enumerated in this section shall not apply.
A. Within the Ocean Reef master planned community which is gated, isolated and
inaccessible to the surrounding community, and has a distinct community
character, buildings may include non - habitable architectural decorative features
(such as finials, railings, widow's walk, parapets) that exceed the 35 -foot height
limit, but such features shall not exceed 5 feet above the building's roof -line.
This exception shall not result in a building together with any architectural
decorative feature with a height that would exceed 40 feet.
Ord 0 -2017
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B. As provided in Policy 101.5.32, buildings voluntarily elevated to meet or exceed
the FEMA Base Flood Elevation (BFE) may exceed the 35 -foot height limit as
follows:
1. For NEW single family (detached dwelling unit) and multi - family (attached
dwelling unit) buildings which are voluntarily elevated to exceed the
building's minimum required BFE, an exception of a maximum of three (3)
feet above the 35 -foot height limit may be permitted. The amount of the
height exception shall be no greater than the amount of voluntary elevation
above BFE. In no event shall a new building exceed 38 feet in height or two
(2) habitable floors. The space below the lowest habitable floor of an
elevated structure shall be limited to a maximum of 299 square feet of
enclosed floor area and shall be used exclusively for parking of vehicles,
elevators, limited storage and/or building access purposes. This exception
shall apply to the substantial improvement of buildings, whether voluntary or
not.
2. For lawfully established EXISTING (detached and attached dwelling unit)
buildings which do not exceed the 35 -foot height limit and are voluntarily
retrofitted to meet and/or exceed the building's minimum required BFE, an
exception of a maximum of five (5) feet above the 35 -foot height limit may
be permitted. The amount of the height exception shall be no greater than the
distance necessary to elevate the building to meet BFE plus up to three (3)
feet of voluntary elevation above BFE. In no event shall an existing building
be elevated to exceed a total building height of 40 feet.
3. No exception shall result in a total building height that exceeds 40 feet.
4. Buildings not being elevated to at least meet the required FEMA BFE are not
eligible for this exception.
C. As provided in Policy 101.5.33, lawfully established EXISTING multi - family
(attached dwelling unit) buildings which exceed the 35 -foot height limit may be
repaired, improved, redeveloped and/or elevated to meet the required FEMA
BFE provided the building does not exceed a total maximum building height of
40 feet, and the building is limited to the existing lawfully established intensity,
floor area, building envelope (floor to floor height), density and type of use. A
Flood Protection Height Exception of a maximum of five (5) feet may be
permitted to meet the building's minimum required FEMA BFE. The
amount of the exception shall be no greater than the amount of elevation
necessary to meet BFE. Buildings not being elevated to at least meet the
required FEMA BFE are not eligible for this exception.
D. As provided in Policy 101.5.33, for lawfully established EXISTING multi-
family (attached dwelling unit) buildings which exceed the 35 -foot height limit
Ord 0 17 -2017
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that are proposed to exceed a total height of 40 feet, a public hearing before the
Planning Commission and Board of County Commissioners to review and
specify the maximum approved height shall be required prior to issuance of any
county permit or development approval. The Planning Commission shall
provide a recommendation to the BOCC on the maximum height of a building.
The BOCC shall adopt a resolution specifying the maximum approved height.
1. For lawfully established EXISTING multi - family (attached dwelling unit)
buildings that are voluntarily repaired, improved, redeveloped and/or
elevated to meet the building's minimum required FEMA BFE, but will
require a height exception of more than five (5) feet, a Flood Protection
Height Exception exceeding the 35 -foot height limit may be provided by the
BOCC based on the following criteria:
a. The flood zone of the parcel;
b. The number of dwelling units lawfully established and an analysis of
the number of dwelling units which may not be able to redevelop on
the subject parcel without a height exception;
c. The physical characteristics of the existing building and parcel;
d. The susceptibility of the existing building and its contents to flood
damage and the effects of such damage on the property owner;
e. The possibility that materials from the existing building may be swept
onto other lands to the injury of others;
f. The availability of alternate solutions;
g. If the new proposed building height will result in increased flood risk;
result in additional threats to public safety; result in extraordinary
public expense; create nuisance; or cause fraud on or victimization of
the public; and
h. Community character.
i. Buildings not being elevated to at least meet the required FEMA BFE
are not eligible for this exception.
2. A BOCC resolution shall specify the findings of criteria of D.1. a. through i.
(above) and specify the approved maximum total height for the proposed
building.
Section 2. 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.
Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
this ordinance are hereby repealed to the extent of said conflict.
Ord 01 2017
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Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
Section 5. FilinE. This ordinance shall be filed in the Office of the Secretary of the State
of Florida but shall not become effective pursuant to Section 9 until a final order is issued
according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
Commission approving the ordinance, and if the final order is challenged, until the challenge to
the order is resolved pursuant to F.S. Chapter 120.
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 addition to 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 contingent on
effectiveness of the corresponding amendments to the Monroe County Year 2030
Comprehensive Plan and as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a specialneeting held on the 27th day of Sept. , 2017.
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Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Ye
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Not pr esent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY ' 4.-C4-
Mayor George Neugent
35 4r
36 ATTEST: KEVIN MADOK, CLERK
37 ��
39 DEPUTY CLERK
Ord 017 -2017
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MONROE COUNTY _ATTORNEY
Ag9ROVEC AS V3 FORM:
APE �_ LJ!(�
SV:�VEN T. WILLIAMS
ASSISTANT C UNTY ATTORNEY
oat-a 11A -71 r:Z
AN
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
September 29, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 017 -2017 by the Monroe County Board
of County Commissioners amending Monroe County Land Development Code Section 10 1 -1 to
create definitions related to flood protection height exceptions; and amending Section 131 -2
to provide certain exceptions to the height limit in order to protect property from flooding
and reduce flood insurance costs by establishing standards when a structure can elevate above
FEMA base flood elevation and including a maximum height limit; and to address height
exceptions for non - habitable architectural decorative features within the Ocean Reef master
planned community; providing for severability; providing for repeal of conflicting provisions;
providing for transmittal to the State Land Planning Agency and the Secretary of State;
providing for inclusion in the Monroe County Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
special meeting, held in formal session, on September 27, 2017. Should you have any questions,
please feel free to contact me at (305) 292 -3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305 - 852 -7145
4,
V'i waa�
FLORIDA DEPARTMENT 0 TA'TE
� N
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 29, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 017-2017, which was filed in this office on September
29, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.ft.us
From: ords2municode.com
To: Morris-Peter monroecounty-fLoov;peters-_katherine -fl.aov; Pam Hancock
ff p �&_monroecountv
Subject: Monroe County,FL Land Development Code-2008(14299)Supplement 17 Update 2
Date: Monday,February 05,2018 10:28:14 AM
Attachments: ATT00001.bin
ATT00002.bin
THIS IS AN AUTOMATICALLY GENERATED EMAIL
Below, you will find the material that we have received/recorded to your account. This
material is being considered for inclusion in your next/current update, Supplement 17 Update
2
Ordinance No. 005-2017 5/17/2017 2/5/2018 PDF
Ordinance No. 006-2016 13/2016 1/28/2017 Word
Ordinance No. 008-2017 6/21/2017 2/5/2018 PDF
Ordinance No. 017-2017 9/27/2017 2/5/2018 PDF
Ordinance No. 022-2017 10/18/2017 11/6/2017 PDF
Ordinance No. 030-2016 4/13/2017 4/21/2017 PDF
Update the internet version of your Code
more often than a printed supplement. We can post newly enacted ordinances
We can update the Internet quarterly, monthly, in the online Code after each meeting.
even weekly.
Final Order No. DEO -17 -149
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re:
A LAND DEVELOPMENT REGULATION
SR
ADOPTED BY MONROE COUNTY, FLORIDA, ==
ORDINANCE NO. 017 -2017
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FINAL ORDER —4'
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APPROVING MONROE COUNTY ORDINANCE NO.017 -26ff4
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 017 -2017 (the "Ordinance ").
FINDINGS OF FACT
I . The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on September 27, 2017, and
rendered to the Department on October 6, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to
create definitions pertaining to flood protection height exceptions; provide exceptions to the height
limit for a structure to elevate above FEMA base flood elevation; and address height exceptions
for non - habitable architectural decorative features within the Ocean Reef master planned
community.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
Final Order No. DEO -17 -149
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Policies 101.5.30, 101.5.31, 101.5.32 and 101.5.33, as required by
section 163.3177(1), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(m) Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a postdisaster reconstruction
plan.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 017 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
2
Final Order No. DEO -17 -149
DONE AND ORDERED in Tallahassee, Florida.
r
A mes D. Stansbury, Iftief
Bureau of Community Planning and Growth
Department of Economic Opportunity
Final Order No. DEO -17 -149
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
11
Final Order No. DEO -17 -149
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 21D� ay of October, 2017.
Agen Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041