Item K12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15, 2015 Department: Building
Bulk Item: Yes X No : Staff Contact Person/Phone #: Christine Hurley, 289-2517
Ed Koconis. 453-8727
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider an amendment to
Section 6-100 of the Monroe County Code clarifying when permits are required and the applicability
of permits for chickee huts.
ITEM BACKGROUND: Chickee huts constructed by the Miccosukee Tribe of Indians or the
Seminole Tribe of Florida are exempt from the Florida Building Code provided that the structures are
open -sided wooden huts that have a thatched roof of palm or palmetto or other traditional materials,
and that do not incorporate any electrical, plumbing, or other nonwood features. While exempt from
the Florida Building Code, chickees are required to meet the Monroe County Land Development Code.
Staff is proposing to incorporate a land development permit that would be required for the
development of these structures. This would ensure compliance with the land development code,
including but not limited to minimum yards (setbacks), maximum height, and surface water
management regulations. Fees for chickee permits would be in accordance with the building
department fee schedule (last amended through Resolution No. 387-2014.)
PREVIOUS RELEVANT BOCC ACTION:
April 8, 1998 - BOCC approved Ordinance No. 18-1998 which exempted thatched roof structures not
exceeding 100 square feet in ground coverage from requiring permits.
April 17, 2002 BOCC approved Ordinance No. 10-2005 which included amending the exemption for
thatched roof structures to include only open -sided structures on residential properties.
CONTRACT/AGREEMENT CHANGES: NIA
STAFF RECOMMENDATION: Approval to Advertise a Public Hearing for 3:01 p.m. (approximate)
on September 16, 2015 at the Nelson Government Center in Key Largo.
TOTAL COST: NIA INDIRECT COST: NIA BUDGETED: Yes No NIA
DIFFERENTIAL OF LOCAL PREFERENCE: NIA
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No NIA AMOUNT PER MONTH NIA Year
APPROVED BY. County Atty X5 OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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ORDINANCE - 2015
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION
6-I00 BUILDING PERMITS REQUIRED; CLARIFYING PERMITS
REQUIRED AND APPLICABILITY OF PERMITS FOR CHICKEE
HUTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN
THE MONROE COUNTY CODE; PROVIDING FOR TRANSMITTAL TO
THE DEPARTMENT OF STATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, The Florida Building Code - Building, 5`h Edition (2014), Section 102
Applicability [A] 102.2 Building. includes exemptions from the Florida Building Code; and
WHEREAS, these exemptions include but are not limited to: building and structures
specifically regulated and preempted by the federal government; nonresidential farm buildings on
farms; and chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole
Tribe of Florida, with the term "chickee" meaning an open -sided wooden but that has a thatched
roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical,
plumbing, or other nonwood features; and
WHEREAS, Monroe County Code Chapter 6 `Buildings and Construction" Section 6-23
"Definitions" includes "Permit means an official document authorizing performance of a specific
activity regulated by this chapter"; and
WHEREAS, the proposed amendment would clarify the exemption to the Florida Building
Code for certain chickees and the requirement for compliance with the Land Development Code
resulting in the applicability of a permit for chickees constructed by the Miccosukee Tribe of Indians
or the Seminole Tribe of Florida; and
WHEREAS, the proposed amendment would remove the exemption from a permit for open -
sided, thatch -roofed structures on residential lots or parcels not exceeding 100 square feet in roof
coverage not constructed by the Miccosukee Tribe of Indians or the Seminole Tribe of Florida; and
WHEREAS, at a regularly scheduled meeting held on 151h day of July, the Monroe County
Board of County Commissioners held a public hearing and provided for public comment and
I public participation in accordance with the requirements of state law and the procedures adopted
2 for public participation in the planning process; and
4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
5 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
6
7 Section 1. Section 6-100 of the Monroe County Code is amended as follows:
8 (Deletions are stri ke tIff ,,, " and additions are underlined.)
9
10 Sec. 6-100. — Buildin Permits Required.
11 (a) Applicability. A Ong permit shall be required for all work shown in the following table,
12 except where specifically exempted by this section:.
13
Work Requiring a Permit
Residential Exceptions
Site preparation including: land clearing,
placements of fill, excavation, and
None. However, no fee (including education;
blasting; however, no permit for site
contractor investigation; or tech fees) shall be charged
preparation may be issued except in
for invasive exotic vegetation removal if permit is not
conjunction with the establishment of a
classified as clearing and grubbing.
use or structure allowed in the land use
district.
Removal of invasive exotic vegetation
A permit is not required for the removal of ten or
fewer stems of invasive exotic vegetation on parcels
with a lawfully established principal use; however, this
exemption shall not apply if the removal is part of a
larger clearing operation undertaken in segments
within any one calendar year, whether by the same or
different contractors and/or the property owner or if
undertaken in conjunction with any construction.
Demolition
Residential demolition where the fair market value of
the demolition work is less than $2,500.00 and all
pertinent utilities have been properly disconnected.
Tie downs of habitable structures
None
Signs
Those signs that are specifically exempt from permit
requirements pursuant to part II of this Code; however,
in no case shall a sign be exempt if its installation
represents a threat to life and safety.
Fences
None
Sheds
None. Effective July 1, 2013, sheds are no longer
exempt from permitting per this Section.
Chickees not constructed_ by Miccosukee
None
or Seminole Indians
Any new construction and remodeling
Interior remodeling where the fair market value of
work of principal and accessory structures
such work is less than $2,500.00 and there is no
change in the original size or configuration.
Of 100 feet in
PaFeels-- not —exceed ua fe F-06
age;
Exterior and interior painting of single- and two-
family residential buildings,.
Installation of carpeting and floor coverings in single -
and two-family residential buildings that have
previously been inhabited, if the fair market value of
the work is less than $5,000.00;_
Normal maintenance or ordinary minor repairs where
the fair market value of such work is less than
$2,500.00.
All work in the electrical, mechanical, and
Normal maintenance or ordinary minor repairs where
plumbing trades
the fair market value of such work is less than
$2,500.00.
The installation of satellite antennas and microwave
receiving antennas that do not exceed one meter in
diameter but only where mounted on existing
buildings or structures.
All work subject to the floodplain
Normal maintenance or ordinary minor repairs where
management requirements of part II of this
the fair market value of such work is less than
Code
$2,500.00.
Resource extraction activities (as defined
None
in part II of this Code)
Any work involving life safety
None
1
2 *Note: Notwithstanding the exceptions set forth herein, wing permits will always be required
3 for new work involving electrical, mechanical, plumbing or any improvements subject to
4 floodplain regulations; and if the construction, repair, remodeling or improvement work is a part of
5 a larger or major operation, whether undertaken by the same or different contractor. NO
6 EXCEPTIONS apply to work conducted below base flood elevation and/or subject to the
7 floodplain management requirements of the Monroe County Code to structures located within a
S Coastal Barrier Resource System (CBRS) or structures located within Flood Zone AE or Flood
9 Zone VE. All residential work that is exempt from Monroe County permitting shall still comply
10 with the Florida Building Code, this chapter, and part II of this Code and shall be subject to code
II compliance.
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(b) Separate wing permit required. A separate building permit shall be required for each
principal structure and any dock, seawall, and riprap accessory structure.
(e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of
Indians or the Seminole Tribe of Florida require a land development hermit. The term
"chickee" means an -open -sided wooden but that has a thatched roof or palmetto or other
traditional materials and that does not incorporate any electrical lumbin or other non -
wood features. Chickees shall comply with part II of this Code and shall be subject to code
compliance.
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
amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering
system of the Code.
Section S. 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.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the day of , 2015.
Mayor Danny L. Kolhage
Mayor Pro Tern Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk MONROE COUNTY ATTORNEY
ROVE � AS TO FORM:
STV'T—
ASSISTANT COUNT Y ATTORNEY
Date i3Q s� .._