Ordinance 009-2019 2
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6 MONROE COUNTY,FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO. 009 -2019
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12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
14 LAND DEVELOPMENT CODE CHAPTER 134, TO CREATE
15 ARTICLE III: POST DISASTER PROCEDURES,SECTION 134-26:
16 PURPOSE, AND SECTION 134-27: ACCESSORY STRUCTURES;
17 TO ALLOW ACCESSORY STRUCTURES TO REMAIN IN
18 CERTAIN CIRCUMSTANCES AFTER THE ASSOCIATED
19 PRINCIPAL USE OR STRUCTURE HAS BEEN DISCONTINUED
20 OR REMOVED DUE TO DISASTER-RELATED DAMAGE; AND
21 AMENDING MONROE COUNTY CODE SECTION 102-58,
22 NONCONFORMING ACCESSORY USES AND ACCESSORY
23 STRUCTURES,FOR CONSISTENCY WITH CODE CHAPTER 134;
24 PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
25 OF CONFLICTING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
27 AND THE SECRETARY OF STATE; PROVIDING FOR
28 INCLUSION IN THE MONROE COUNTY CODE; PROVIDING
29 FOR AN EFFECTIVE DATE.
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33 WHEREAS,on November 27, 2018 a community meeting was held, as required by LDC
34 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
35 provide for public participation; and
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37 WHEREAS, on January 15, 2019, the Monroe County Development Review Committee
38 (DRC)reviewed the proposed amendment at a regularly scheduled meeting; and
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40 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
41 County Land Development Code,as directed by the BOCC on October 17,2018,to amend Chapter
42 134 Miscellaneous Restrictions to create Article III Post Disaster Procedures, Section 134-26 to
43 allow certain accessory structures to remain in certain circumstances after the associated principal
44 use or structure has been discontinued or removed due to disaster-related damage and amending
45 Section 102-58 for consistency with Code Chapter 134; and
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Ordinance No. 009 -2019 Page 1 of 4
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1 WHEREAS,the Monroe County Planning Commission held a public hearing on February
2 27, 2019, for review of the proposed amendment and recommended approval; and
3
4 WHEREAS, at a regularly scheduled meeting held on the 21st day of March, 2019, the
5 Monroe County Board of County Commissioners held a public hearing,considered the staff report,
6 and provided for public comment and public participation in accordance with the requirements of
7 state law and the procedures adopted for public participation in the planning process; and
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9 WHEREAS, based upon the documentation submitted and information provided in the
10 accompanying staff report,the BOCC makes the following Conclusions of Law:
11 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
12 Monroe County Year 2030 Comprehensive Plan; and
13 2. The proposed amendment is consistent with the Principles for Guiding Development
14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
15 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute;and
16 4. The proposed amendment is necessary due to new issues, as required by Section 102-
17 158 of the Monroe County Code;
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19 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
20 COMMISSIONERS OF MONROE COUNTY,FLORIDA:
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22 Section 1. The Monroe County Land Development Code is hereby amended as follows:
23
Proposed Amendment deletions are strislen-thfeugh; additions are shown in underlined .
24
25 *****
26 Chapter 134. Miscellaneous.
27 *****
28 Article III.Post-Disaster Procedures.
29 *****
30 Section 134-26. Purpose.
31 It is the purpose of this Article to establish specific policies and procedures related to this
32 Land Development Code that shall apply following a man-made or natural disaster. Such
33 policies and procedures shall become effective when the County is within a state of
34 emergency declared by the Monroe County Mayor.
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36 Section 134-27.Accessory Structures.
37 Notwithstanding the definition of Accessory use or accessory structure in Section 101-1 and
38 the provisions of Section 102-58,Nonconforming Accessory Uses and Accessory Structures,
39 when a principal structure and/or use is discontinued or removed as a result of damage from
40 a man-made or natural disaster, lawfully established accessory structures associated with the
41 discontinued use may remain with approval from the Planning Director if all of the following
42 criteria are met:
43 1. The principal structure is determined to be a lawfully established dwelling unit per
44 Section 138-22;
Ordinance No. 009 -2019 Page 2 of 4
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1 2. The lawfully established accessory structure is conforming to all other provisions of
2 the Land Development Code; and
3 3. In the absence of an active concurrent permit for redevelopment of a principal use or
4 structure on the site, the accessory structure may remain for up to five (5) years from
5 the date of the disaster event. The Board of County Commissioners may extend the 5-
6 year time limit by resolution, if needed.
7
8 *****
9 Sec. 102-58.Nonconforming Accessory Uses and Accessory Structures.
10 (a)A nonconforming accessory use shall not continue after the principal use has terminated.
11 (b) A nonconforming accessory structure shall not continue after the principal use or
12 structure is demolished or otherwise eliminated unless the structure is modified to conform
13 to the provisions of the land use (zoning)district in which it is located and is associated with
14 a new principal use.
15 (c) Notwithstanding subsection (a) and (b), when a principal structure and/or use is
16 discontinued or removed as a result of damage from a man-made or natural disaster,lawfully
17 established accessory structures associated with the discontinued use may remain with
18 .approval from the Planning Director pursuant to Sections 134-26 and 134-27.
19
20 *****
21 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
22 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
23 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but
24 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
25 provision immediately involved in the controversy in which such judgment or decree shall be
26 rendered.
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28 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
29 this ordinance are hereby repealed to the extent of said conflict.
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31 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land
32 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
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34 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
35 of Florida but shall not become effective pursuant to Section 9 until a final order is issued according
36 to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration Commission
37 approving the ordinance, and if the final order is challenged, until the challenge to the order is
38 resolved pursuant to F.S. Chapter 120.
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40 Section 6. Inclusion in the Monroe County Code.The provisions of this Ordinance shall
41 be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
42 addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
43 marking system of the Code.
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1 Section 7. Effective Date. This ordinance shall become effective as provided by law and
2 stated above. Staff is directed to implement this ordinance retroactively to all demolition permits
3 applied for after Hurricane Irma, whether the demolition permits are expired or not.
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5 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
6 Florida, at a regular meeting held on the 215`day of March, 2019.
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9 Mayor Sylvia Murphy Yes
10 Mayor Pro Tern Danny L. Kolhage Yes
11 Commissioner Heather Carruthers Yes
12 Commissioner Michelle Coldiron Yes
13 Commissioner David Rice Yes
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15 "5.77-. ";;:: BOARD OF COUNTY COMMISSIONERS
16"�`: t, -;,fD� OF MONRO y, O FLORIDA
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{ [ BY
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22 "--ATTEST: KEVIN MADOK, CLERK
23 67
24
25 DEPUTY CLERK
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Ordinance No. 009 -2019 Page 4 of 4
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GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe Count Florida
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March 22, 2019
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It Mav Concern,
Attached is an electronic copy of Ordinance No. 009-2019 amending Monroe County Land
Development Code Chapter 134, to create Article III: Post Disaster Procedures, Section 134-26;
Purpose, and Section 134-27: Accessory Structures; to allow accessory structures to remain in
certain circumstances after the associated principal use or structure has been discontinued or
removed due to disaster-related damage; and amending Monroe County Code Section 102-58,
Nonconforming Accessory Uses and Accessory Structures,for consistency with Code Chapter 134:
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
regular meeting, held in formal session, on March 21, 2019. Should you have anv 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: County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
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FLORIDA DEPARTMENT 0 TA'TE
� N
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
March 25, 2019
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela 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. 009-2019, which was filed in this office on March 22,
2019.
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
Final Order No. DEO-19-018
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY o 3 -n
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In re: A LAND DEVELOPMENT REGULATION c�^'• ago c
ADOPTED BY MONROE COUNTY, FLORIDA, c-) a rn
ORDINANCE NO. 009-2019 `;-, _ =03 a
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FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 009-2019
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.009-2019 (the "Ordinance").
FINDINGS OF FACT
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 March 21, 2019, and rendered
to the Department on May 15, 2019.
3. The Ordinance amends the Monroe County Land Development Code ("Code") to
create Article III, sections.134-26 and 134-27 to allow certain accessory structures to remain, for
a period of time, after an associated principal use or structure has been discontinued or removed
as a result of damage from a man-made or natural disaster. The Ordinance also amends section
102-58 for consistency with the newly created sections 134-26 and 134-27.
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. See §§ 380.05(6) and
380.0552(9), Fla Stat.
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Final Order No. DEO-19-018
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. §. 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6.. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(.1), Florida Statutes, and specifically, with Policies
101.8.9 and 1503.4.1.
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.
§§ 380.05(6) and 380.0552(9), Fla Stat. 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 Depax tuient finds that Monroe County
Ordinance No. 009-2019 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-19-018
DONE AND ORDERED in Tallahassee, Florida.
Ja es D. Stansbury, Chief.
B reau of Community Planning and Growth
epartment of Economic Opportunity
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•
Final Order No. DEO-19-018
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.
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Final Order No.DE.O=19-018
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 25*- day of -sune, ., 2019:
'gency Cl rk 1/�
Department of Economic Opportunity
107 East'Madison Street,MSC 110.
Tallahassee,FL 32399-4128
By U.S. Mail:
The Honorable Sylvia Murphy
Mayor,Monroe County
1.02050 Overseas Highway
Suite.234
Key Largo; Florida 33037
Kevin.Madok,Clerk
Monroe County
Board of County Commissioners
PO:Box'1980
Key West,Florida 33,041
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