Item U1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 17,2002
Division: Growth Management
Bulk Item: Yes
No X
DepartmentPlanning and Environmental Resources
AGENDA ITEM WORDING: A public hearing to adopt an ordinance to correct scrivener's errors in
Ordinance #33-2001 (Wireless Communications) that inadvertently deleted or failed to delete numerous sections
of Chapter 9.5, Monroe County.
ITEM BACKGROUND: Errors were made when assigning numbers to the provisions adopted in the wireless
communications ordinance (Ordinance #33-2001). Several of the numbers were the same as used in two
previously adopted ordinances going through the adoption and codifying process. Provisions of earlier
ordinances were also mistakenly deleted and several sections were not deleted that should have been deleted.
PREVIOUS REVELANT BOCC ACTION: The Board of County Commissioners adopted Ordinance #33-
2001 on September 19,2001, for wireless communication facilities.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes N/A
No
COST TO COUNTY: N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A
Year
APPROVED BY:
County Atty ~
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DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ~ To Follow_Not Required_
DISPOSITION:
AGENDA ITEM # 0
Revised 2/27/01
ORDINANCE NO. -2002
AN ORDINANCE TO CORRECT SCRIVENERS' ERRORS
IN ORDINANCE #33-2001 (WIRELESS
COMMUNICATIONS) THAT INADVERTENTL Y
DELETED OR FAILED TO DELETE NUMEROUS
SECTIONS OF CHAPTER 9.5, MONROE COUNTY CODE;
PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR THE
INCORPORATION INTO THE MONROE COUNTY
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance
#33-2001 on September 19, 2001 for the regulation of wireless communications facilities that
inadvertently overwrote sections of Chapter 9.5, Monroe County Code, and;
WHEREAS, the codifying of Ordinance #033-2001 did not include deletions of text
which was in conflict with the amendment; and
WHEREAS, it is necessary to amend Chapter 9.5, Monroe County Code to correct this
scriveners' error; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners that
the following amendments to the County Code be approved, adopted and transmitted to the state
land planning agency for approval;
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. Sec 9.5-232 Urban Commercial District (UC) is hereby amended as follows:
Delete: (b )(7) and (b )(8)
Section 2. Sec. 9.5-233 Urban Residential District (UR) is hereby amended as follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(IO) residences.
Delete: (c)(3):
Section 3. Sec. 9.5-234Urban Residential Mobile Home District (URM) is hereby amended as
follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
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Delete: (c)(4)
Section 4. Sec. 9.5-235 Sub Urban Commercial District (SC) is hereby amended as follows:
Add: (a)(15) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (b )(9) and (b)(1 0)
Section 5. Sec. 9.5-235.1 Urban Mobile Home-Limited District (URM-L) is hereby amended as
follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c)(3)
Section 6. Sec. 9.5-236 Sub Urban Residential District (SR) is hereby amended as follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
Delete: (c)(8)
Section 7. Sec. 9.5-237 Sub Urban Residential District (Limited) (SR-L) is hereby amended as
follows:
Add: (a)(9) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Add: (c) The following uses are permitted as major conditional uses in the
Sub Urban Residential (Limited) District, subject to the standards and
procedures set forth in article III, division 3:
Add: (c)(1) Land use overlays A, E, INS, PF, subject to the provisions of
section 9.5-257.
Section 8. Sec. 9.5-238 Sparsely Settled Residential District (SS) is hereby amended as follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c)(6)
Section 9. Sec. 9.5-239 Native Area District (NA) is hereby amended as follows:
Delete: (c)(4) and (c)(5)
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Section 10. Sec. 9.5-242 Improved Subdivision District (IS) is hereby amended as follows:
Add: (a)(8) Wastewater nutrient reduction cluster systems that serve less than ten
(10) residences.
Section 11. Sec. 9.5-243 Destination Resort District (DR) is hereby amended as follows:
Delete: (b)(2) and (b)(3)
Section 12. Sec. 9.5-244 Recreational Vehicle District (RV) is hereby amended as follows:
Delete: (c)(3)
Section 13. Sec. 9.5-246 Commercial Fishing Village District (CFV) is hereby amended as
follows:
Delete: (c)(1)
Section 14. Sec. 9.5-248 Mixed Use District (MU) is hereby amended as follows:
Add: (a)(19) Wastewater nutrient reduction cluster systems that serve less than
ten (10) residences.
Delete: (c) (11)
Section 15. Sec. 9.5-25 I Military Facilities District (MF) is hereby amended as follows:
Delete: (b)
Section 16. Sec. 9.5-252 Airport District (AD) is hereby amended as follows:
Delete: (g)
Section 17. Sec. 9.5-253 Parks and Refuge District (PR) is hereby as follows:
Delete: (c)(1)
Section 18. If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such validity.
Section 19. All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 20. This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of Community
Affairs or Florida Administrative Commission approving the ordinance.
Section 21.This ordinance shall be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the
Florida Statutes.
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Section 22. The Director of Growth Management is hereby directed to forward a copy of this
ordinance to the Municipal Code Corporation for the incorporation in the Monroe
County Code of Ordinances once this ordinance is in effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of , A.D., 2002.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner Bert Jimenez
Commissioner Murray Nelson
Commissioner George Neugent
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
APPROVED AS TO FORM
AND U::.?/.L S:JFFIqENCY
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BY . _/..<::.::-~ '- .~
Attorney's Office
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DEPUTY CLERK
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