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Meeting Date: January 21, 2015 Division: Growth Management
Bulk Item: Yes — No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley,Ext. 2517
Joseph Haberman,....305-509-2477
AGENDA ITEM WORDING:
Approval of an ordinance amending §6-112 of the Monroe County Code (MCC) relating to temporary
structures,
ITEM BACKGROUND:
Temporary structures may be permitted in accordance with Section 6-112, which is located in part I of
the Monroe County Code (Chapter 6 pertains to Buildings and Construction). The approval of
temporary uses is referenced in Section 6-112, but the section does not provide a specific process or
review criterion. It has been interpreted that a temporary use may be permitted with a temporary
structure; however this interpretation does not capture all scenarios in that some temporary uses do not
require temporary structures. Staff is proposing to create such a clearly defined approval process for
temporary uses, as well as criteria for such temporary uses.
Note- Staff also, proposed consistent amendments to establish criterion for temporary construction
staging areas with a special permit in Section 6-3 (approved by the BOCC on December 10, 2014).
Staff is also proposing consistent amendments to establish criterion for temporary uses in Section 130-
5 (to be considered by the BOCC on January 21, 2015).
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATION:
On December 10, 2014, the BOCC approved the advertisement of a Public Hearing for 3:01 P.M.
(approximate) on January 21, 2015 at the Harvey Government Center in Key West.
TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
UITGTICOTNZIURR�W'
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty OMB/Purchasing _Risk Management
DOCUMENTATION: Included X
Not Required
DISPOSITION: AGENDA ITEM tl
2 -a
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. - 2015
10
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.
19
20 WHEREAS, the current provisions regarding temporary structures are situated in Chapter 6,
21 Buildings and Construction, of the Monroe County Code, and
22
23 WHEREAS, the current provisions regarding temporary structures do not adequately
24 regulate the temporary use associated the temporary structure; and
25
26 WHEREAS, the current provisions regarding temporary structures provide a maximum time
27 limit of six months for such structures; however, several temporary structures related to
28 construction projects, such as capital improvements and wastewater, often require temporary
29 structures to be located on sites for longer than six months; and
30
31 WHEREAS, the Growth Management Division is proposing a consistent, related
32 amendment to the text of the Land Development Code that would address temporary uses; and
33
34 "'WHEREAS, the Commission makes the following Conclusions of Law: 1) the ordinance is
35 consistent with the Principles for Guiding Development in the Florida Keys Area of Critical
36 State Concern; 2) the ordinance is consistent with the provisions and intent of the Monroe
37 County Comprehensive Plan; and 3) the ordinance is consistent with the provisions and intent of
38 the Monroe County Code;
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARDOF
41 COUNTY COMMISSIONERS:
42
43 Section 1. Section 6-11.2 of the Monroe County Code shall be amended as follows (deletions are
44 stfi .',en tIffeugh and additions are underlined):
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46
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I Sec. 6-112. Temporary structures.
2
3 The building official may issue a special building permit for a limited time of not more than
4 six months for the erection of temporary structures, including but not limited to stleh as
5 construct -ion sheds, trailers, seats, canopies, tents, and fences used in construction work or for
6 temporary uses and events. Any such permit for temporaryuses shall rem
7 be in
8 compliance with this section and the provisions of the Land. Development Code, specifically
9 section 130-. Any structures shall be completely removed upon expiration of the time stated
10 in the permit which shall be the minimum amount of time necessary to accommodate the
l 1 temporary use. In the event a temporary structure is required for more than six months for a
12 construction -related project, the applicant shall apply for a new special building, permit prior
13 to the expiration of the original building permit.
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1.7 Section 2. Severabiiity.
1.8
19 if any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
20 inoperative or void, such holding shall not affect the remaining portions of this ordinance. if this
21 ordinance or any provision thereof shall be held to be inapplicable to any person, property or
22 circumstances, such holding shall not affect its applicability to any other person, property or
23 circumstances.
24
25 Section. 3.. Conflicting Provisions.
6
27 Allordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
28 extent of said conflict.
29
30 Section 4. Inclusion in the Code of Ordinances.
31
32 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
33 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
34 appropriately renumbered to conform to the uniform numbering system of the Code.
35
36 Section S. Transmittal and Effective Date.
37
38 This Ordinance shall be filed with the Department of State and shall be effective as provided in
39 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 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
M
Mayor Danny L. Kolhage
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Page 3 of 3
Date .'ATTt'RNEY