Item O4 0.4
G BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
March 21, 2019
Agenda Item Number: 0.4
Agenda Item Summary #5267
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper(305) 289-2506
3:00 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: An ordinance by the Monroe County Board of County
Commissioners amending the Monroe County Land Development Code as directed by the BOCC on
October 17, 2018, 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, and amending
Monroe County Code Section 102-58 Nonconforming Accessory Uses and Accessory Structures, for
consistency with Code Chapter 134 (File 42018-212)
ITEM BACKGROUND: The Monroe County Planning & Environmental Resources Department is
proposing amendments to the Land Development Code, as directed by the BOCC on October 17,
2018, 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, and amending Monroe County Code
Section 102-58 Nonconforming Accessory Uses and Accessory Structures, for consistency with Code
Chapter 134.
On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane
with maximum sustained winds of 130 mph causing significant damage to existing housing stock.
Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
come to the attention that there exist certain accessory structures that property owners wish to
maintain until they are able to reestablish a principal use or structure.
Currently, the Code requires the removal of accessory uses and structures once the principal use or
structure is discontinued or removed. The Code contains a provision to allow an accessory use or
structure to continue if its principal use or structure is discontinued or removed for redevelopment,
provided that the property owner is moving forward with continual development and with active
concurrent permits for redevelopment of a principal use or structure [Ref. LDC Section 101-1].
However, if a property owner is not moving forward with active concurrent permits for
redevelopment of a principal use or structure, then the regulations in the Code require accessory uses
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0.4
and structures to be discontinued or removed.
On October 17, 2018, the BOCC directed staff to start processing a text amendment that would allow
accessory structures to remain in certain circumstances after the associated principal use or structure
has been destroyed after a man-made or natural disaster.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Land Development
Code text amendment was held on November 27, 2018 in Marathon and provided for public input.
There were five members of the public in attendance who posed general questions about the
timeframe of implementation, who would benefit from the proposed of the proposed text amendment
and what criteria would be utilized.
Development Review Committee
On January 15, 2019, the Monroe County Development Review Committee (DRC) held a public
meeting to discuss the proposed amendment, and provided for public comment.
Planning Commission
On February 27, 2019, the Monroe County Planning Commission held a public hearing to consider
the proposed amendment and provided for public comment.
PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
Proposed Amendment(deletions are stricken through; additions are shown in underlined).
Chapter 134. Miscellaneous.
Article III. Post-Disaster Procedures.
Section 134-26. Purpose.
It is the purpose of this Article to establish specific policies and procedures related to this Land
Development Code that shall aply following a man-made or natural disaster. Such policies and
procedures shall become effective when the County is within a state of emergency _declared bydeclared by the
Monroe County Mayor.
Section 134-27. Accessory Structures.
Notwithstanding the definition of Accessory use or accessory structure in Section 101-1 and the
provisions of Section 102-58, Nonconforming Accessory Uses and Accessory Structures, when a
principal structure and/or use is discontinued or removed as a result of damage from a man-made or
natural disaster, lawfully established accessory structures associated with the discontinued use may
remain with approval from the Planning Director if all of the following criteria are met:
1. The principal structure is determined to be a lawfully established dwelling unit per
Section 138-22;
2. The lawfully established accessory structure is conforming to all other provisions of the
Land Development Code, and
3. In the absence of an active concurrent permit for redevelopment of a principal use or
Packet Pg. 1910
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structure on the site, the accessory structure may remain for up to five (5) years from the
date of the disaster event.
Sec. 102-58. Nonconforming Accessory Uses and Accessory Structures.
(a) A nonconforming accessory use shall not continue after the principal use has terminated.
(b) A nonconforming accessory structure shall not continue after the principal use or structure is
demolished or otherwise eliminated unless the structure is modified to conform to the provisions of
the land use (zoning) district in which it is located and is associated with a new principal use.
(c) Notwithstanding subsection (a) and (b), when a principal structure and/or use is discontinued or
removed as a result of damage from a man-made or natural disaster, lawfully established accessory
structures associated with the discontinued use may remain with approval from the Planning
Director pursuant to Sections 134-26 and 134-27.
PREVIOUS RELEVANT BOCC ACTION:
On October 17, 2018, the BOCC directed staff to start processing a text amendment that would allow
accessory structures to remain in certain circumstances after the associated principal use or structure
has been destroyed after a man-made or natural disaster.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Staff Report-Post Disaster Accessory Structures LDC amendment
Ordinance
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: N/A
Current Year Portion: N/A
Budgeted: N/A
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
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0.4
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details: N/A
REVIEWED BY:
Emily Schemper Completed 02/28/2019 1:08 PM
Steve Williams Completed 03/01/2019 12:54 PM
Maureen Proffitt Completed 03/04/2019 8:37 AM
Assistant County Administrator Christine Hurley Completed
03/04/2019 1:34 PM
Budget and Finance Completed 03/05/2019 9:36 AM
Maria Slavik Completed 03/05/2019 9:44 AM
Kathy Peters Completed 03/06/2019 11:21 AM
Board of County Commissioners Pending 03/21/2019 9:00 AM
Packet Pg. 1912
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MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
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To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
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Date: February 20, 2019
0
Subject: An ordinance by the Monroe County Board of County Commissioners amending the
Monroe County Land Development Code as directed by the BOCC on October 17, 2018,
to create Article III Post Disaster Procedures, Section 134-26 Purpose, and Section 134- to
27 Accessory Structures, to allow accessory structures to remain in certain circumstances a
after the associated principal use or structure has been discontinued, and amending
Monroe County Code Section 102-58 Nonconforming Accessory Uses and Accessory
Structures, for consistency with Code Chapter 134 (File 42018-212)
as
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Meeting: March 21, 2019
I. REQUEST
The Monroe County Planning & Environmental Resources Department is proposing amendments
to the Land Development Code, as directed by the BOCC on October 17, 2018, to create Article
III Post Disaster Procedures, Section 134-26 Purpose, and Section 134-27 Accessory Structures, 2
to allow accessory structures to remain in certain circumstances after the associated principal use U)
or structure has been discontinued, and amending Monroe County Code Section 102-58
Nonconforming Accessory Uses and Accessory Structures,for consistency with Code Chapter 134.
as
II. BACKGROUND INFORMATION
On September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a Category 4 Hurricane
with maximum sustained winds of 130 mph causing significant damage to existing housing stock. CL
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Following the impacts of Hurricane Irma and the subsequent rebuilding of dwelling units, it has
come to the attention that there exist certain accessory structures that property owners wish to C
maintain until they are able to reestablish a principal use or structure.
Currently, the Code requires the removal of accessory uses and structures once the principal use or
structure is discontinued or removed. The Code contains a provision to allow an accessory use or a
structure to continue if its principal use or structure is discontinued or removed for redevelopment, E
U
BOCC SR 03.21.19 Page I of 8
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provided that the property owner is moving forward with continual development and with active
concurrent permits for redevelopment of a principal use or structure [Ref. LDC Section 101-1].
However, if a property owner is not moving forward with active concurrent permits for
redevelopment of a principal use or structure, then the regulations in the Code require accessory
uses and structures to be discontinued or removed. This becomes especially relevant when property
owners apply for a demolition permit for a previous existing principal use/structure. The demolition (s
permit may only be approved if all accessory structures are included in the scope of the demolition, �
unless the owner can show active concurrent permits for redevelopment of a principal use or U)
structure.
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On October 17, 2018, the BOCC directed staff to start processing a text amendment that would 2
allow accessory structures to remain in certain circumstances after the associated principal use or
structure has been destroyed after a man-made or natural disaster.
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Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Land Development
Code text amendment was held on November 27, 2018 in Marathon and provided for public input.
There were five members of the public in attendance who posed general questions about the
timeframe of implementation, who would benefit from the proposed of the proposed text
amendment and what criteria would be utilized.
Development Review Committee a
On January 15, 2019, the Monroe County Development Review Committee (DRC) held a public
meeting to discuss the proposed amendment, and provided for public comment.
Planning Commission
On February 27, 2019,the Monroe County Planning Commission held a public hearing to consider
the proposed amendment and provided for public comment. The Planning Commission 2
recommended approval of the proposed amendment, as presented by staff.
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
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Proposed Amendment(deletions are stfiekeii �hfeffo; additions are shown in underlined).
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Chapter 134. Miscellaneous.
Article III. Post-Disaster Procedures.
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a.
Section 134-26. Purpose.
It is the purpose of this Article to establish specific policies and procedures related to this Land
Development Code that shall aply following a man-made or natural disaster. Such policies and W
procedures shall become effective when the County is within a state of emergency _declared by thedeclared by the
Monroe County Mayor.
Section 134-27. Accessory Structures.
BOCC SR 03.21.19 Page 2 of 8
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0.4.a
Notwithstanding the definition of Accessory use or accessory structure in Section 101-1 and the
provisions of Section 102-58, Nonconforming Accessory Uses and Accessory Structures, when a
principal structure and/or use is discontinued or removed as a result of damage from a man-made
or natural disaster, lawfully established accessory structures associated with the discontinued use
may remain with approval from the Planning Director if all of the following criteria are met:
1. The principal structure is determined to be a lawfully established dwelling unit per Section
138-22,
2. The lawfully established accessory structure is conforming to all other provisions of the Land
Development Code, and U)
3. In the absence of an active concurrent permit for redevelopment of a principal use or structure
on the site, the accessory structure may remain for up to five (5) years from the date of the
disaster event.
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Sec. 102-58. Nonconforming Accessory Uses and Accessory Structures. U)
a.
(a) A nonconforming accessory use shall not continue after the principal use has terminated.
(b) A nonconforming accessory structure shall not continue after the principal use or structure is
demolished or otherwise eliminated unless the structure is modified to conform to the provisions
of the land use(zoning) district in which it is located and is associated with a new principal use.
(c) Notwithstanding subsection (a) and (b), when a principal structure and/or use is discontinued
or removed as a result of damage from a man-made or natural disaster, lawfully established
accessory structures associated with the discontinued use may remain with approval from the
Planning Director pursuant to Sections 134-26 and 134-27.
IV. ANALYSIS OF PROPOSED AMENDMENT
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The following definitions are provided in LDC Section 101-1:
• Accessory use or accessory structure means a use or structure that:
(1) Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is
subordinate in area (for this definition docks, pools, pool decks, driveways are excluded U)
from the total area), extent and purpose to an existing principal use or principal structure
served; and "
(3)Contributes to the comfort, convenience or necessity of occupants of the principal use
or principal structure served; and M
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership
as the lot/parcel on which the principal use or principal structure is located; and U)
(5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal a
use or principal structure, excluding accessory docking facilities that may be permitted 1�
on adjacent lots/parcels pursuant to section 118-12; and
(6) Is located in the same land use (zoning) district as the principal use or principal
structure, excluding off-site parking facilities pursuant to section 114-67.
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Accessory uses include the utilization of yards for home gardens, provided that the
produce of the garden is for a non-commercial purpose. In no event shall an accessory
use or structure be established prior to the principal use to which it is accessory. With
BOCC SR 03.21.19 Page 3 of 8
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approval from the Planning Director, an accessory use or structure may continue if its
principal use or structure is discontinued or removed for redevelopment, provided that
the owner is moving forward with continual development and with active concurrent u
permits for redevelopment of a principal use or structure. Accessory uses shall not
include second dwelling units or any other habitable structures that are occupied by a
separate and independent resident.
• Principal use means the primary land use established on a parcel. c
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• Redevelopment means the rehabilitation, improvement, and/or demolition and 0
replacement of existing development on a site.
The current LDC does not provide a mechanism for property owners to retain certain accessory
structures and uses, following damage or destruction of a principal use or structure caused by a
man-made or natural disaster. Rather, the current LDC allows property owners to maintain U)
accessory uses or structures, when approved by the Planning Director and when the property a.
owner can demonstrate an intent to redevelop with active permits for the principal use or
structure.
0
Following the impacts of Hurricane Irma, many property owner's principal uses and/or principal
structures were destroyed. Some property owners are unable to move forward with
redevelopment for a variety of reasons including a limited availability of contractors and design
professionals, backlog on mobile home purchases, delayed insurance claims, grant program
schedules, and limited cash funds. E
The proposed amendment would allow property owners to maintain an accessory structure for a E
limited time,provided certain criteria is met.
V. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
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1. Changed projections (e.g., regarding public service needs) from those on which the text or U)
boundary was based;
N/A
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2. Changed assumptions (e.g., regarding demographic trends);
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N/A
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3. Data errors, including errors in mapping, vegetative types and natural features described in a�
volume 1 of the plan;
N/A
4. New issues;
BOCC SR 03.21.19 Page 4 of 8
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The current LDC does not provide a mechanism for property owners to retain certain accessory
structures and uses, following damage or destruction of a principal use or structure caused by a
man-made or natural disaster. Rather, the current LDC allows property owners to maintain
accessory uses or structures, when approved by the Planning Director and when the property
owner can demonstrate an intent to redevelop with active permits for the principal use or
structure.
Following the impacts of Hurricane Irma, some property owner's principal uses and/or principal
structures were destroyed. Some property owners are unable to move forward with U)
redevelopment for a variety of reasons including a limited availability of contractors and design 0
professionals, backlog on mobile home purchases and limited cash funds.
The proposed amendment would allow property owners to maintain an accessory structure for a
limited time,provided certain criteria is met.
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5. Recognition of a need for additional detail or comprehensiveness; or
N/A
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6. Data updates;
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N/A
In no event shall an amendment be approved which will result in an adverse community change E
to the planning area in which the proposed development is located or to any area in accordance
with a livable communikeys master plan pursuant to findings of the board of county E
commissioners.
The proposed text amendment is not anticipated to result in an adverse community change. All
development shall be required to comply with level of service, concurrency, the regulations set forth
in the Land Development Code and the Florida Building Code.
VI. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE 0
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the
Monroe County 2030 Comprehensive Plan. Specifically,it furthers: M
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GOAL 101 U)
Monroe County shall manage future growth to enhance the quality of life, ensure the safety of a.
County residents and visitors, and protect valuable natural resources. [§163.3177(1), F.S.] �
0
Objective 101.1
Monroe County shall ensure that all development and redevelopment taking place within its tt:
boundaries does not result in a reduction of the level-of-service requirements established and
adopted by this comprehensive plan. Further, Monroe County shall ensure that comprehensive
plan amendments include an analysis of the availability of facilities and services or demonstrate E
that the adopted levels of service can be reasonably met. [§163.3177 & 163.3180, F. S.]
BOCC SR 03.21.19 Page 5 of 8
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Policy 101.8.9
Accessory uses or structures associated with a lawful nonconforming principal use may be
permitted if in compliance with the LDC. U)
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes. M
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For the purposes of reviewing consistency of the adopted plan or any amendments to that plan U)
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(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 U)
state concern designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
seagrass beds, wetlands, fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
economic development. a
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida
Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
environment, and ensuring that development is compatible with the unique historic character
of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
proposed major public investments, including:
l. The Florida Keys Aqueduct and water supply facilities; 0
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities; U)
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned
properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate. 0
(i) Protecting and improving water quality by providing for the construction, operation,
maintenance, and replacement of stormwater management facilities; central sewage �s
collection; treatment and disposal facilities; and the installation and proper operation and
maintenance of onsite sewage treatment and disposal systems.
BOCC SR 03.21.19 Page 6 of 8
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(j) Ensuring the improvement of nearshore water quality by requiring the construction and
operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the
Florida Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida W
Keys. �
(m)Providing adequate alternatives for the protection of public safety and welfare in the event of U)
a natural or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
maintaining the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any U)
Principle.
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C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. — It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units
of local government can preserve, promote, protect, and improve the public health, safety,
comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
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sewerage, schools, parks, recreational facilities, housing, and other requirements and 2
services; and conserve, develop, utilize, and protect natural resources within their
jurisdictions.
163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the 0
legal status set out in this act and that no public or private development shall be permitted 0
except in conformity with comprehensive plans, or elements or portions thereof, prepared
and adopted in conformity with this act.
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163.3177(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social,physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans 0
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
government's programs, activities, and land development regulations will be initiated, (n
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the E
comprehensive plan but rather to require identification of those programs, activities, and land 0
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0.4.a
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
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163.3201, F.S. —Relationship of comprehensive plan to exercise of land development regulatory (s
authority. — It is the intent of this act that adopted comprehensive plans or elements thereof �
shall be implemented, in part, by the adoption and enforcement of appropriate local U)
regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development
of land or the adoption and enforcement by a governing body of a land development code for
an area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
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VII. PROCESS
Land Development Code Amendments may be proposed by the Board of County Commissioners, 0.
the Planning Commission, the Director of Planning,private application, or the owner or other person
having a contractual interest in property to be affected by a proposed amendment. The Director of
Planning shall review and process applications as they are received and pass them onto the
Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall a
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the a
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the U)
adoption of the proposed amendment, and considers the staff report, staff recommendation,Planning 2
Commission recommendation and the testimony given at the public hearing. The BOCC may adopt
the proposed amendment based on one or more of the factors established in LDC Section 102-
158(d)(7).
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VIII. STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment.
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O.4.b
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4 6
6 MONROE COUNTY, FLO A
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -201.
10
00
11
12 AN ORDINANCE BY THE MC)NROE COUNTY CDAR F �
13 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
14 LAND DEVELOPMENT CODE CHAPTER 134, TO CREATE �
15 ARTICLE III; POST DISASTER OCEDU E , SECTION 134- 6:
16 PURPOSE,OSE, .AND SECTION 134-27: ACCESSORY STRUCTURES;
17 TO ALLOWACCESSORY STRUCTURES TO REMAIN IN �s
18 CERTAIN CIRCUMSTANCES AFTER THE ASSOCIATED
19 PRINCIPAL USE OR STRUCTURE HAS BEEN DISCONTINUED NUED U)
20 OR REMOVED DUE TO DISASTER-RELATEDDAMAGE; AND
21 AMENDING MONROE COUNTY CODE SECTION 10 -58,
22 NONCONFORMING ACCESSORY USES AND ACCESSORY
23 STRUCTURES, FOR CONSISTENCY WITH CODE CHAPTER 134; �
24 PROVIDING FOR EVE ILITY; PROVIDING FOR Ta PE L
2.5 OF CONFLICTING FLIC:'TING PROVISIONS; PROVIDING FOR
26 TRANSMITTAL TO THE S°I".4TE LAND PLANNING AGENCY
27 AND THE SECRETARY OF STATE; PROVIDING FOR
28 INCLUSION IN THE MONROE COUNTY C;CI'I)E; PROVIDING
9 FOR AN EFFECTIVE E DATE.
30
31.
32
33 WHEREAS, on November 27, 2018 a community meeting was held, as required by L DC,
34 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
35 provide for public participation; and
36
37 WHEREAS, on January 1.5, 20'19, the Monroe County Development Review Committee �
38 (D C) reviewed the proposed amendment at a regularly scheduled meeting; and �
39
40 WHEREAS, staff is recommending approval of the proposed amendments to the Monroe
41 County I..and Development Code, as directed by the BOCC on October 1.7, 2018, to amend
42 Chapter 134 Miscellaneous Restrictions to create Article III .beast i'saster Procedures, Section.
43 134-26 to allow certain accessory structures to remain in certain circumstances after the
44 associated principal use or structure has been discontinued or removed due to disaster-related
45 damage and amending Section 102-58 for consistency with Code Chapter 134; and.
46
Ordinance No, -2019 Page I of 4
File # 2018-212
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I WHEREAS, the Monroe County Planning Commission held a public hearing on
2 February 27, 2019, for review of the proposed amendment and recornmended approval; and
3
4 WHEREAS, at a regularly scheduled meeting held on the 21" day of March, 2019, the
5 Monroe County Board of County Commissioners held a public hearing, considered the staff
6 report, and provided for public comment and public participation in accordance with the
7 requirements of state law and the procedures adopted for public participation in the planning
8 process; and
9
10 WHEREAS, based upon the documentation submitted and information provided in the 00
11 accompanying staff report, the BOCC makes the following Conclusions of Law:
12 1. The proposed amendment is consistent with the Goals, 01bjectives and Policies of the C14
13 Monroe County Year 2030 Comprehensive Plan; and
14 1 The proposed amendment is consistent with the Principles for Guiding Development
15 for the Florida Keys Area of Critical State Concern, Sec, 380.0552(7), F.S.; and
16 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
17 and (n
18 4. The proposed amendment is necessary due to new issues, as required by Section 102- 0
U)
19 158 of the Monroe COUnty Code; U)
20
21 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF MONROE COUNTY, FLORIDA- U)
23)
24 Section 1. The Monroe County Land Development Code is hereby amended as follows:
0
25
Proposed Amendment (deletions are 44e',,,, * routigh; additions are shown in underlined). .0
26
0
27
28 Chap ter jjjjjjjscellarre�rrrs.
29
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30 Article 111. Post-Disaster Procedures.
31
32 Section 134-26. Purpose.
33 It is the ic edures related to this 0
purpose of this Article to establish specif policies and_pLoc
34 Land Development Code that.shall ap3ly following a man-made or natural disaster, Such
35 policies and procedures shall become effective when the County is within a state of E
36 emergency declared by the Monroe County Mayon
3)7
38 Section 134-27. Accessory Structures.
39 Notwithstanding the definition of Accesso�ry use or accessory structure in Section 101-1
40 and the provisions of S,ecti Accessor
41 Structures, when a principal structure and/or use is discontinued or removed as a result of
42 dame from a man-made or natural disaster, lawfully established accessqU structures
43 associated with the discontinued use may remain, with approval ftom the Planning Director
44 if all of the follow in criteria are met:
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I I The principal structure is determined to be a lawfully established dwelling unit per
2 Section 138-22-
3 2. The lawfully established accessory structure is conforming to all other Provisions of
4 the Land Development Code; and
al use or
-nit for redevelopment of a rind
5 In the absence of an active concurrent pen
6 structure on the site, the accessory structure may remain for up to five (5) years from
7 the date of the disaster event,
8
9
N
10 Sec. 102-58. Nonconforming Accessory Uses and Accessory Structures.
00
Ir-
I I (a) A nonconforming accessory use shall not continue after the principal use has
12 terminated.
cv
(b) A nonconforming accessory structure shall not continue after the principal use or
14 structure is demolished or otherwise eliminated unless the structure is modified to conform
15 to the provisions of the land use (zoning) district in which it is located and is associated
16 with a new principal use.
17 (c) o,twithstanding subsection (a) and Lb), .when a prind oal structure and/or use is (n
18 discontinued or removed as a result of damage from a man-made or natural disaster,
0
19 lawfully established accessory structures associated with the discontinued use ma remain U)
U)
20 with &)proval from the Planning Director pursuant to Sections 134-26 and 134-27.
21
22
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23 Section 2. Sey2Lahj!jj3L_lf any section, paragraph, subdivision, clause, sentence or
24 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be invalid,
U)
25 such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but 0
a.
26 the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
27 provision immediately involved in the controversy in which such judgment or decree shall be
.2
28 rendered.
0
29
30 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
31 this ordinance are hereby repealed to the extent of said conflict,
32
33 Section 4. Transmittal. This ordinance shall be transmitted to, the Florida State Land
34 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
35
0
36 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State
r-
3 7 of Florida but shall not become effective pursuant to Section 9 until a final order is issued 0
E
38 according to F.S. 380.05(6) by the Florida State Land Planning Agency or Administration
39 Commission approving the ordinance, and if the final order is challenged, until the challenge to
40 the order is resolved pursuant to F.S. Chapter 120. <
41
42 Section 6. Inclusion in the Monroe Lonnnn �Code�. The provisions of this Ordinance
43 shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida,
44 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
45 uniform marking system of the Code.
46
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1 Section 7. Effective Date. This ordinance shall become effective as provided by law and
2 stated above.
4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
5 Florida, at a regular meeting held on the 21't day of March, 201.9.
6
7
8 Mayor Sylvia Murphy
C14
9 Mayor Pro Tem Danny L. Kolhage It-
C14
10 Commissioner Heather Carruthers 00
Commissioner Michelle Coldiron
12 Commissioner David Rice
U)
14. BOARD OF COUNTY COMMISSIONERS 2
15 OF MONROE COUNTY, FLORIDA
16
17 BY (n
18 MAYOR SYLVIA MURPHY 0
U)
19 (SEAL) U)
20
21 ATTES'r: KEVIN MADOK, CLERK
22
23
24 DEPUTY CLERK U)
0
a.
0
urs
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MONROE cOU"Ty
A
"0 ,0 AID, 0
. ALLMAN
E
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