Item H12 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes X No Department: Planniniz& Environmental Resources
Staff Contact Person/Phone#: Christine Hurley, Ext. 2517
Joseph Haberman, Ext. 2532
AGENDA ITEM WORDING:
Approval to advertise a Public Hearing to consider 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 is also proposing consistent amendments to establish criterion for temporary construction
uses with a special permit in Section 6-3. Staff is also proposing consistent amendments to establish
criterion for temporary uses in Section 130-5 (however as this section is located in the Land
Development Code, the statutory approval process is different). All amendments are ultimately decided
upon by the BOCC.
PREVIOUS RELEVANT BOCC ACTION:None
CONTRACTIAGREEMENT CHANGES: None
STAFF RECOMMENDATION:
Approval to advertise 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
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes— No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County Atty ekl�';018MB/Purchasing_Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2014
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING MONROE COUNTY
13 CODE SECTION 6-11.2, 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.
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20 WHEREAS, the current provisions regarding temporary structures are situated in Chapter 6,
21 Buildings and Construction, of the Monroe County Code; and
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23 WHEREAS, the current provisions regarding temporary structures do not adequately
24 regulate the temporary use associated the temporary structure; and
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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
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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
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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;
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40 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
41 COUNTY COMMISSIONERS:
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43 Section 1. Section 6-112 of the Monroe County Code shall be amended as follows (deletions are
44 stfielen 4ffough and additions are underlined):
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I Sec. 6-112.. Temporary structures.
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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 sueh as
5 eenstfue ie€t sheds, trailers, seats, canopies, tents, and fences used in construction work or for
6 temporary uses and events. Any such permit for temporary uses shall Vie'
7 be in
8 compliance with this section and the vrovisions of the Land Development Code s ecificall
9 section 130-5. 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
I 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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17 Section 2. Severability.
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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.
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25 Section 3. Conflicting Provisions.
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27 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
28 extent of said conflict.
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30 Section 4. Inclusion in the Code of Ordinances.
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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.
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36 Section 5. Transmittal and Effective Date.
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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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1 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
2 at a regular meeting held on the day of 2015.
3
4 Mayor Danny L. Kolhage
5 Mayor pro tem Heather Carruthers
6 Commissioner Sylvia Murphy
7 Commissioner George Neugent
8 Commissioner David Rice
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10 BOARD OF COUNTY COMMISSIONERS
11 OF MONROE COUNTY, FLORIDA
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13 BY:
14 Mayor Danny L. Kolhage
15 (SEAL)
16 ATTEST: AMY HEAVILIN, CLERK
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19 Deputy Clerk MO ROE COUNTY ATTORNEY
P, ROVED AtPO FORM:
STEVEN T. WILLIAMS
DateASSISTANT,20 ATTO
U RNEY
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