Ordinance 022-20171
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MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE N0022 -2017
A ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING CHAPTER 103 -1, "TEMPORARY
HOUSING;" TO ALLOW TEMPORARY EMERGENCY HOUSING ON
PARCELS WITH AN ALREADY ISSUED, UNEXPIRED BUILDING
PERMIT FOR THE CONSTRUCTION OF A DWELLING UNIT; TO
ALLOW THE TEMPORARY EMERGENCY HOUSING TO CONNECT
TO CENTRAL SEWER, ONSITE SYSTEM OR UTILIZE HOLDING
TANKS; TO ALLOW ONE TEMPORARY EMERGENCY HOUSING
UNIT FOR EACH LAWFUL DWELLING UNIT TO BE OCCUPIED BY
COUNTY RESIDENTS WHO HAVE BEEN DISPLACED BY NATURAL
OR MANMADE DISASTER DAMAGES; AND TO ALLOW THE
PLACEMENT OF TEMPORARY EMERGENCY HOUSING ON VACANT
RESIDENTIAL PROPERTIES LIMITED TO TRAVEL TRAILERS, RVS
OR SIMILAR SHELTERING UNITS PROVIDED AND LICENSED BY
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA);
ADOPTED PURSUANT TO SECTION 125.66, F.S. EMERGENCY
ENACTMENT PROCEDURES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE SECRETARY OF STATE;
PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners is the legislative body of Monroe
County, Florida; and
WHEREAS, the Monroe County Mayor declared a State of Local Emergency on
September 5, 2017 due to Hurricane Irma, a "threat of danger to the populace inhabiting Monroe
County" and that the County "may require expedient action in order to protect the health, safety
and welfare of the community;" and
WHEREAS, Hurricane Irma, a Category 4 hurricane, made landfall in the Florida Keys
on September 10, 2017, causing substantial damage to and loss of property; and.
WHEREAS, the Monroe County Mayor issued other declarations a State of Local
Emergency on September 13, 2017, September 20, 2017, September 25, 2017, September 26,
2017, October 3, 2017, and October 11, 2017, due to Hurricane Irma, a "threat of danger to the
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populace inhabiting Monroe County" and that the County "may require expedient action in order
to protect the health, safety and welfare of the community;" and
WHEREAS, Monroe County experienced a natural disaster, Hurricane Irma, which
caused significant damage to residences, businesses and infrastructure throughout the County;
and
WHEREAS, pursuant to Section 103 -1(b) of the Monroe County Land Development
Code, it is the purpose of this section to provide regulations that allow for the relaxation of the
use prohibitions in Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth
Restrictions (ROGO/NROGO), to: (1) Provide regulatory authority to allow temporary
emergency housing, not subject to the ROGO permit allocation system, for temporary occupancy
by residents displaced by natural or manmade disaster damage...; and
WHEREAS, pursuant to Section 103 -1(a), temporary emergency housing means
recreational vehicles (or similar approved sheltering units) used for temporary occupancy in
response to natural or manmade disasters, including, but not limited to, hurricanes and tropical
storms, where such RVs (or other approved sheltering units) are provided to residents or relief
workers as part of emergency relief efforts; and recreational vehicle (RV) means the same as that
term is defined in F.S. § 320.01; and
WHEREAS, pursuant to Section 103 -1(c), temporary emergency housing may be placed
on a single - family parcel for temporary occupancy by residents of the same parcel who have
been displaced by natural or manmade disaster damage; and
WHEREAS, the County has experienced significant damage to numerous homes, and
must utilize available locations to provide secure temporary housing for the disaster recovery of
the community; and
WHEREAS, the County is proposing amendments to allow temporary emergency
housing on parcels with an already issued, unexpired building permit for the construction of a
dwelling unit; to allow the temporary emergency housing to connect to central sewer, onsite
system or utilize holding tanks; to allow one temporary emergency housing unit for each lawful
dwelling unit to be occupied by County residents who have been displaced by natural or
manmade disaster damages; and to allow the placement of temporary emergency housing on
vacant residential properties limited to travel trailers, RVs or similar sheltering units provided
and licensed by FEMA;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Land Development Code is hereby amended as follows:
Section 103 -1. Temporary housing.
Page 2 of 8
1 (a) Definitions. The following words, terms and phrases, when used in this section, shall have
2 the meanings ascribed to them in this subsection, except where the context clearly indicates
3 a different meaning:
4 Recreational vehicle (RV) means the same as that term is defined in F.S. § 320.01.
5 Temporary emergency housing means recreational vehicles (or similar approved sheltering
6 units) used for temporary occupancy in response to natural or manmade disasters,
7 including, but not limited to, hurricanes and tropical storms, where such RVs (or other
8 approved sheltering units) are provided to residents or relief workers as part of emergency
9 relief efforts.
10 Temporary non- emergency housing means RVs (or other approved, sheltering units) used
11 for temporary occupancy by employees in order to provide project site security for a long -
12 term capital improvement project or to avoid delay in completing ongoing or future airport
13 safety and capacity improvements.
14 (b) Purpose. It is the purpose of this section to provide regulations that allow for the relaxation
15 of the use prohibitions in Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations,
16 and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), to:
17 (1) Provide regulatory authority to allow temporary emergency housing, not subject to
18 the ROGO permit allocation system, for temporary occupancy by residents displaced
19 by natural or manmade disaster damage or by relief workers involved in
20 reconstruction activities following a natural or manmade disaster;
21 (2) Provide regulatory authority to allow temporary non - emergency housing, not subject
22 to the ROGO permit allocation system, for temporary occupancy by workers
23 undertaking a long -term capital improvement project to provide site security for the
24 capital improvement project site or to avoid delay in completing airport safety and
25 capacity improvements on county -owned airport properties.
26 (c) Placement of temporary emergency housing on residential parcels. Notwithstanding the
27 provisions of Chapter 130, Land Use Districts, Chapter 131, Bulk Regulations, Chapter
28 138, Rate of Growth Restrictions (ROGO/NROGO), temporary emergency housing may be
29 placed on a residential parcel for temporary occupancy by residents who have been
30 displaced by natural or manmade disaster damage subject to the following conditions:
31 (1) The dwelling unit(s) on the subject parcel is lawfully established and has incurred
32 sufficient damage from the disaster to make the dwelling unit(s) uninhabitable as
33 determined by verifiable photographic evidence provided by the applicant to the
34 Building Department, and/or an inspection by an official from a federal or state
35 governmental relief agency, the county Building Department or the County Code
36 Compliance Department; or the subject parcel has an already issued, unexpired
37 building permit for the construction of a dwelling unit
38 (2) A building permit must be issued within 90 days of placement of the temporary
39 emergency housing for repair of damages caused by the casualty event to make the
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dwelling unit habitable or the subject parcel must have an already issued, unexpired
building permit for the construction of a dwelling uniti
(3) A separate, no -fee building permit must be issued for the placement of the temporary
emergency housing, linked to the building permit issued for damage repair or linked
to an issued, unexpired building permit for the development of a dwelling unit on the
subject parcel. The building permit shall require approval by the Building Official of
the unit's siting location on the parcel and authorization for connection of the unit to
central sewer, an on -site wastewater treatment and disposal system, an existing
community wastewater treatment system; or use of a holding tank with a licensed
septage hauler;
(4) Only one temporary emergency housing unit shall be placed per each lawful dwelling
unit and the temporary emergency housing unit may only be occupied by County
residents who have been displaced by natural or manmade disaster damage; and
(5) The temporary emergency housing unit may remain on the property for a period not
to exceed 180 days from the date of building permit issuance or until the final
inspection or certificate of occupancy is issued on the repairs made to the dwelling
unit, whichever comes first A single extension of up to an additional 180 days may be
granted by the Building Official if he determines that good cause has been shown for
the need for an extension and that the temporary emergency housing unit is
adequately tied down and secured so as not to present an undue hazard to persons or
property in a high -wind or flood event. Expiration of the building permit for damage
repairs or dwelling unit construction shall require immediate removal of the
temporary emergency housing unit from the site. However, nothing in this section
shall prevent the county or any state or federal authority to terminate without notice
the authority to keep any temporary emergency housing units otherwise authorized
under this section should it be deemed required for the public safety.
(d) Placement of temporary emergency housing on nonresidential properties or vacant
residential properties. Notwithstanding the provisions of Chapter 130, Land Use Districts,
Chapter 131, Bulk Regulations, and Chapter 138, Rate of Growth Restrictions
(ROGO/NROGO), temporary emergency housing may be placed on a nonresidential or
mixed -use property or on publicly -owned lands or vacant residential properties, excluding
lands designated for conservation and resource protection for temporary occupancy by
county residents displaced by natural or manmade disaster damage, subject to the following
conditions:
(1) A no -fee building permit must be issued for the placement of the temporary
emergency housing unit(s). The building permit shall require approval by the
Building Official and the Planning Director of a site plan indicating the location of
the temporary emergency housing unit(s) on the parcel, and authorization for the
connection of the unit(s) to central sewer, an on -site wastewater treatment and
disposal system(s), to an existing community wastewater treatment system or use of a
holding tank with a licensed septage hauler;
(2) The placement of temporary emergency housing on vacant residential properties is
limited to travel trailers, RVs or similar sheltering units provided and licensed by
FEMA; and
Page 4 of 8
1 (3) The temporary emergency housing unit(s) may remain on the property for a period
2 not to exceed 180 days from the date of building permit issuance. A single extension
3 of up to an additional 180 days may be granted by the - Building Official if he
4 determines that good cause has been shown for the need for the extension and that the
5 temporary emergency housing unit is adequately tied down and secured so as not to
6 present an undue hazard to persons or property in a high -wind or flood event.
7 However, nothing in this section shall prevent the county or any state or federal
8 authority to terminate without notice the authority to keep any temporary emergency
9 housing units otherwise authorized under this section should it be deemed required
10 for the public safety.
11 (e) Placement of temporary emergency housing for emergency relief workers. Notwithstanding
12 the provisions of Chapter 130, Land Use Districts, and Chapter 138, Rate of Growth
13 Restrictions (ROGO/NROGO), temporary emergency housing may be provided for
14 temporary occupancy by emergency relief workers involved in reconstruction activities,
15 subject to the following conditions:
16 (1) An emergency directive or resolution of the BOCC must be issued authorizing the
17 placement and duration of the temporary emergency housing for relief workers;
18 (2) Placement of temporary emergency housing for relief workers must not impede or
19 interfere with other emergency and recovery operations or public safety;
20 (3) Temporary recovery or reconstruction housing facilities shall ensure that temporary
21 electrical and sewage lines do not constitute an attractive nuisance to children or
22 homeless persons in the area (i.e., sufficient temporary fencing may be required by
23 the Building Official);
24 (4) A no -fee building permit must be issued for the placement of the temporary
25 emergency housing unit(s). The building permit shall require approval by the
26 Building Official and the Planning Director of a site plan indicating the location of
27 the temporary emergency housing unit(s) on the parcel, consistent with the BOCC
28 resolution, and a Department of Health permit authorizing the connection of the
29 unit(s) to an on -site wastewater treatment and disposal system(s) or to an existing
30 community wastewater treatment system;
31 (5) Any required demolition or building permits for the related reconstruction activities
32 must be issued within 90 days from the placement of the temporary emergency
33 housing for relief workers;
34 (6) The temporary emergency housing unit(s) may remain on the site for a period not to
35 exceed the duration specified by the BOCC resolution, and may only be extended at
36 the discretion of the BOCC by an additional resolution. However, nothing in this
37 section shall prevent the county or any state or federal authority to terminate without
38 notice the authority to keep any temporary emergency housing unit otherwise
39 authorized under this section should it be deemed required for the public safety;
40 (7) The only persons permitted to reside for any period in temporary emergency housing
41 for relief workers are individuals who are gainfully employed on a fulltime basis in
42 completing cleanup and reconstruction efforts following a natural or manmade
43 disaster. All residents of temporary emergency housing for relief workers who were
44 not permanent residents of the county prior to first occupying such housing facilities
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will be required to evacuate in accordance with local evacuation orders. Residents of
any temporary emergency housing for relief workers who were permanent residents
of the county prior to first occupying such housing facilities may not remain in
temporary emergency housing for relief workers during any period when a local
evacuation order is in effect.
(f) Placement of temporary non - emergency housing for contractors on county -owned airport
properties. Notwithstanding the provisions of Chapter 130, Land Use Districts, and
Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non - emergency
housing may be placed on county -owned airport properties for temporary occupancy by
contractors completing airport safety and capacity improvements subject to the following
conditions:
(1) A building permit must be issued for placement of the temporary non - emergency
housing unit(s), and linked to existing airport construction permits. The building
permit shall require approval by the Building Official and the Planning Director of a
site plan indicating the location of the temporary non - emergency housing unit(s) on
the parcel, and a department of health permit authorizing the connection of the unit(s)
to an on -site wastewater treatment and disposal system(s) or to an existing
community wastewater treatment system. All units shall be adequately tied down;
(2) Placement of temporary non - emergency housing for airport construction purposes
must not impede or interfere with aviation operations or safety and must conform to
any applicable FAA regulations;
(3) Temporary non - emergency housing for airport construction purposes shall remain on
the property for a period not to exceed 30 days from the date of completion of the
related airport construction work, unless extended by resolution of the BOCC.
However, nothing in this section shall prevent the county or any state or federal
authority to terminate without notice the authority to keep any temporary non -
emergency housing unit otherwise authorized under this section should it be deemed
required for the public safety; and
(4) The only persons permitted to reside for any period in temporary non - emergency
housing units for airport construction purposes are individuals who while in the
county are actually gainfully employed on a fulltime basis in completing airport
safety and capacity improvements at a county airport. All residents or occupants of
temporary airport construction housing facilities must be required to timely evacuate
in accordance with local evacuation orders.
(g) Placement of temporary non - emergency housing to provide site security for capital
improvement projects. Notwithstanding the provisions of Chapter 130, Land Use Districts,
and Chapter 138, Rate of Growth Restrictions (ROGO/NROGO), temporary non -
emergency housing for temporary occupancy by workers undertaking a long -term capital
improvement project may be provided in order to provide site security for the project site,
subject to the following conditions:
(1) A resolution of the BOCC must be issued authorizing the placement of a temporary
non - emergency housing unit for site security. The resolution shall specify the location
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(placement of the unit at the project site) and the duration of the temporary housing
unit, not to exceed 180 days. No more than one temporary non - emergency housing
unit shall be approved per project site. When considering such placement, the BOCC
shall take into account the number of times a parcel has been used for temporary non -
emergency housing purposes for capital improvement projects and shall consider
compatibility, complications and other circumstances that may require a site to be
utilized for more than 365 consecutive days and public comment.
(2) Placement of a temporary non - emergency housing unit for site security must not
impede or interfere with public safety;
(3) The purpose of the temporary non - emergency housing unit shall be to provide
security for the project site;
(4) A building permit must be issued for the placement of the temporary non - emergency
housing unit for site security, linked to the building permits for the related
construction activities (if applicable). The building permit shall require approval by
the Building Official and the Planning Director of a site plan indicating the location
of the temporary emergency housing unit on the parcel, consistent with the BOCC
resolution, and a Department of Health permit authorizing the connection of the unit
to an on -site wastewater treatment and disposal system or to an existing community
wastewater treatment system;
(5) The temporary non - emergency housing unit for site security may remain on the site
for a period not to exceed the duration specified by the BOCC resolution, and may
only be extended at the discretion of the BOCC by an additional resolution. When
considering an extension, the BOCC shall take into account the number of times a
parcel has been used for temporary non - emergency housing purposes for capital
improvement projects and shall consider compatibility, complications and other
circumstances that may require a site to be utilized for more than 365 consecutive
days and public comment. Nothing in this section shall prevent the county or any
state or federal authority to terminate without notice the authority to keep any
temporary non - emergency housing unit otherwise authorized under this section
should it be deemed required for the public safety.
(6) The only persons permitted to reside for any period in temporary non - emergency
housing for site security for a capital improvement project are individuals who are
gainfully employed in completing the capital improvement project. All residents of
temporary non - emergency housing for site security who were not permanent residents
of the county prior to first occupying such housing facilities will be required to
evacuate in accordance with local evacuation orders. Residents of any temporary non -
emergency housing who were permanent residents of the county prior to first
occupying such housing facilities may not remain in temporary non - emergency
housing for site security during any period when a local evacuation order is in effect.
(h) No clearing or filling of environmentally sensitive lands may occur as a result of providing
any type of temporary housing unit(s).
(i) For all permitted temporary housing, upon expiration of relevant approvals and timeframes
expressly set forth in the relevant authorization, the temporary housing shall be removed.
Page 7 of 8
1 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
2 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
3 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
4 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
5 provision immediately involved in the controversy in which such judgment or decree shall be
6 rendered.
7
8 Section 3. ConflictinE Provisions. All ordinances or parts of ordinances in conflict with
9 this ordinance are hereby repealed to the extent of said conflict.
10
11 Section 4. Filing. This ordinance shall be filed in the Office of the Secretary of the State
12 of Florida.
13
14 Section 5. Inclusion in the Monroe County Code. The provisions of this Ordinance
15 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
16 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
17 uniform marking system of the Code.
18
19 Section 6. Effective Date. This ordinance is enacted under the emergency provisions of
20 Section 125.66, F.S. and shall be effective upon passage and adoption by a four - fifths vote of the
21 Monroe County Board of County Commissioners declaring that an emergency exists and that the
22 immediate enactment of said ordinance is necessary.
23
24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
25 Florida, at a regular meeting held on the 18th day of Octobe r2017.
26
27 J Mayor George Neugent Yes
28 L+- Mayor Pro Tem David Rice Yes
.29 v v Commissioner Heather Carruthers Yes
30 Commissioner Danny Kolhage Yes
31 Commissioner Sylvia Murphy Yes
. 32.. N U
33 BOARD OF COUNTY COMMISSIONERS
34 OF MONROE COUNTY, LORIDA
BY .�• "' �6 '= l„,' mss:.'
37; Z Mayor George Neugent
r
i s
38 �'' E (SEAL \) =1
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40'``ATTEST `; KEVIN MADOK, CLERK
41 4�JNP� E COUNTY A OPtNY
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42 Tb M: '
43 DEPUTY/CLERK —° y
ASST: >i,•i.:1 CO W '�' U 17 1 P NEY
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Page 9 of 8
C ,-,
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
November 2, 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. 022 -2017, by the Monroe County Board
of County Commissioners, amending Chapter 103 -1, "Temporary housing;" to allow a temporary
emergency housing on parcels with an already issued, unexpired building permit for the
construction of a dwelling unit; to allow the temporary emergency housing to connect to central
sewer, onsite system or utilize holding tanks; to allow one temporary emergency housing unit for
each lawful dwelling unit to be occupied by County residents who have been displaced by the
natural or manmade disaster damages; and to allow the placement of temporary emergency housing
on vacant residential properties limited to travel trailers, RVs or similar sheltering units provided
and licensed by Federal Emergency Management Agency (FEMA); adopted pursuant to Section
125.66, F. S. emergency enactment procedures; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the Secretary of State; providing for inclusion in
the Monroe County Code; providing for an effective date.
The Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on October 18, 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
JIM S�
J f
FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
November 2, 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:
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. 022 -2017, which was filed in this office on November 2,
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
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even weekly.
Final Order No. DEO -18 -030
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
ORDINANCE NO. 022 -2017
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 022-2017
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. 022 -2017 (the "Ordinance ").
FINDINGS OF FACT
1 1. 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 October 18, 2017, and rendered
to the Department on January 25, 2018.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") to
.permit temporary emergency housing on residential and nonresidential parcels for Monroe County
residents that have been displaced by natural or mamnade disaster. The Ordinance amends the
criteria that must be met for the placement of emergency housing and limits the placement of
temporary emergency housing on vacant residential properties to travel trailers, RVs or similar
sheltering units provided and licensed by FEMA.
1
Final Order No. DEO -18 -030
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.
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, Policy 101.3.7.
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.
S. 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. 022 -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
2
Final Order No. DEO -18 -030
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.
DONE AND ORDERED in Tallahassee, Florida.
Jalies D. Stansbury, Chief
reau of Community Planning and Growth
P epartment. of Economic Opportunity
3
Final Order No. DEO -18 -030
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 2 - 1 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
A • .
Final Order No. DEO -18 -030
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 2 0 — day. of February 2018.
McClerk
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
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