Item P02
Board of County Commissioners
Agenda Item Summary
Meeting Date: September 18, 2002
Bulk Item: Yes [] No .
Division: Board of County Commissioners
Department: George R. Neugent
AGENDA ITEM WORDING:
Report from Kieran Mahoney, Chairman of the Citizens Code Committee on its completed
review of the Monroe County Code Section 9.5 (Land Development Regulations)
ITEM BACKGROUND:
Follow up report from July 17, 2002
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT I AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
0(~
BUDGETED: YES [] NO []
COST TO COUNTY: $
REVENUE PRODUCNG: YES [] NO [] AMT PER MONTH: YEAR:
APPROVED BY: COUNTY ATTY [] OMi;3/PURCHASING [] RISK MANAGEMENT []
'-,
APPROVAL:~d""" ,e YL ~ -
/ Commissioner GE~R~"iJ NEUGENT
DISTRICf II
DOCUMENTATION: INCLUDED. TO FOLLOW [] NOT REQUIRED []
DISPosmON:
AGENDA ITEM # P d..
CITIZEN CODE
COMMITTEE
"FINAL REpORT"
PREPARED FOR:
THE BOARD OF COUNTY
COMMISSIONERS
8/30/02
TABLE OF CONTENTS
Floodplain Management Ordinance-Remove Requirement for Deed Restrictions
Implementation of Community Master Plans
Potable Water Standards
Floodplain Management Ordinance (change "limited storage" to storage)
Provide policy for permits in central sewer areas
ROGO - Elimination of high wind ROGO points
Code Index
Floodplain Management Standards
Certificates of Occupancy: Inspections & C.O. at time of transfer
Floodplain Management Ordinance - restrictions on workshops
ROGO - lottery system
Office in the Home - eliminate requirement for public hearing
ROGO - Eliminate credit for low volume plumbing fixtures
Environmental Standards - Compliance with Policy 1 and funds
Footnotes in the LDRs
Floodplain Management Ordinance - inspections non-permitted enclosures
Allow for the filing of applications electronically
More notification to surrounding property owners
Market Value or Fair Market Value (definition)
Definition Needed: Principal uses or structure
Definition Needed: Gross floor area (gfa)
Higher percentage of drought resistant exotic species
Direct consulting firm, MAXlMUS, to set objectives & monitor performance
Assess Value of un buildable lots & notification property owners
Appeals from administrative actions
Revision to Planning Department
1
1
2
2
2
3
3
3
4
4
5
5
5
6
6
7
7
7
7
8
8
8
8
9
9
10
-1-
Change in process for making Administrative Interpretations
Reorganize entire Code by District
Rearrange Code by placing seldom used parts towards rear
Change Code to require Development Order within 10 days of hearing
Clarify meaning of "liberally construed" by adding verbage
Housing above commercial property
Floodplain Management Ordinance "manufactured homes" - "mobile homes"
Reference Monroe County OR Unincorporated Monroe County
Revised Structure for Planning Department
Existing Definitions: Lot
Clear Statement "Preface"
Pineland Hammock
Existing Definitions: Recreation Vehicle
Existing Definitions: Open Space
Existing Definition: Parcel of land
Definition Needed: Club or meeting house
Amount of change regarding amendment of a presumed conditional use
Setback Variance
Non-conformities to recognize pre-existing residential & commercial uses
Conditional Uses - citizen input & open dialogue
Anonymous Complaints
Significant fee to appeal a Development Order
Appendix
Limited Storage & Parking Restrictive Covenant
Certificate of occupancy
Process for Administrative Instruction
11
11
11
11
12
12
12
13
13
14
14
15
15
15
16
16
16
17
17
17
18
19
20
21
24
27
-11-
Citizen Code Committee
Floodplain Management Ordinance-Remove Requirement for Deed Restrictions
35 Points
SECTION 9.5-317(b)(1)(d)(iii) The requirement for Deed Restrictions, Affidavits and Mandatory
Inspections for using approved finish materials below the base flood elevation should be removed from
the Ordinance. (See Appendix A)
Reason: To comply with a July 10, 2000 Memorandumfrom Director of Growth Management to BOCC and the
July 26,2000 approval by BOCC "that the County should ONLY meet the minimum regulatory requirements to
maintain its status in the National Flood lnsurance Program and compliance with Chapter 161, Florida
Statutes. "
FEMA's Technical Bulletin 2-93 allows ACOE Class 5 finish materials below the base flood elevation with no
requirements for deed restrictions or affidavits.
DISCUSSION:
Chairman Mahoney stated that deed restrictions with regard to downstairs enclosures were unnecessary
and showed a distrust of its citizens.
Implementation of Community Master Plans
33 Points
The implementation of the CommuniKeys Planning Program will answer the need for a workable
definition of the term "Community Character". The Planning Division, however, should not settle on final
"community" definitions for the development of Community Plans without further exploration and
discussion with local people to be certain that the "communities" selected have already established
internal, formal and informal, social linkages.
Reasons to support recommendation:
· The present definition of the "communities" for which master plans are scheduled to be developed are
groupings of individual Keys populations that are adjacent to one another along the Keys. A "community ",
however, is defined by more than geography. Some of the larger Keys populations have social, recreational
and quasi-political interactions and linkages within their "borders" that do not extend to adjacent Keys.
These communities are not likely to see themselves as having a common set of values and goals with
neighboring Keys.
· The increased cost and time that may be required to develop a few more Master Plans may be offset by the
greater ease of obtaining input and developing consensus with smaller, more cohesive groups.
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Page 1 of 29
II
Potable Water Standards
II
32 Points
The County should explore ways to actively support, and not just "encourage", the installation and use of
cisterns to reduce demand for potable water. This support could take the form of property tax credits,
waiver of permit fees, securing grants, and sponsorship of County-wide publicity.
Reasons to support recommendation:
. The Florida mainland, because of population growth, has changed from a land of floods and swamps to a
land of shrinking aquifers. We will soon move from a condition of temporary drought crises to one of
permanent crisis. When that happens, Monroe County will acquire "supplicant" status and our needs will be
satisfied only by taking water that is needed by the region that is supplying it to us. Not a very strong
bargaining position.
. However, we should take the initiative to reduce our dependency on the Biscayne Aquifer long before others
acknowledge the problem. Not only our bargaining position but our basic well-being will be better.
Floodplain Management Ordinance (change "limited storage" to storage)
32 Points
Except as noted in paragraph 7 of this subsection (B), the space below the lowest floor of an elevated
structure shall be used exclusively for parking of vehicles, elevators, limited storage or building access
purposes. For the purpose of lawn mowers, rakes, wheelbarrows and similar equipment. Limited storage
does not apply to household items such as furniture.
Comment: A look through the neighborhoods in Monroe County would quickly show a large volume of
potential debris in the event of a storm. The County, State or FEMA have shown no concern about this
issue, other than they don't want this potential debris problem to be contained inyour storage area. This
makes no sense. In the event of a disaster, contained debris (not covered by FEMA) remains on the
premises, and is not scattered through out our ecologically sensitive environment. Homeowners are going
to store items on their property anyway, lets put it in a storage area, and also improve the character of
the community.
Change: Remove the word limited, STORAGE means STORAGE.
Provide policy for permits in central sewer areas
32 Points
Some areas of the keys have been identified as "hot" areas with large concentrations of septic pits. Plans and funds
have been allocated for a central sewer system. Residents in these areas that would like to perform minor
renovations and additions to their homes are currently required to install a sewage treatment plant that typically costs
$15,000.00 to $20,000.00. They will then be required to abandon these plants and hook up to the central system.
There should be an amnesty policy for sewage treatment plants for residence in these areas.
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DISCUSSION:
Members generally believed that interim systems may be a good idea in designated hot spots, but noting
consistent delays, thought that the stage in the central sewage process should be of an advanced level
before interim systems are considered.
ROGO - Elimination of high wind ROGO points
31 Points
Elimination of high wind ROGO points - currently additional ROGO points are awarded for 165 and 175
mph wind loading. The newly adopted Florida Building Code requires product testing for impact and
wind testing to 150 mph. Manufactures do not test to 165 or 175mph. This is in direct conflict with the
ROGO award.
DISCUSSION:
The Committee generally agreed that extra points should not be given for something that has not been
tested.
II
Code Index
II
31 Points
For the layperson, the Code Index is perplexing. Reorganization and greater detail is required for ease of
referencing specific subjects.
Reasons to support recommendation:
. Assist the uninitiated in finding and researching subjects.
. Save the layperson time in their research.
DISCUSSION:
Ms. Patterson believes a more detailed index would help citizens more easily locate topics Vice-
Chairman Craig stated that this would not have the same problems as addingfootnotes.
II
Floodplain Management Standards
II
30 Points
The County's Ordinance should reflect the minimum standards as required by FEMA and the National
Flood Insurance Program.
DISCUSSION:
Chairman Mahoney believes that the County should adopt the minimum FEMA standards.
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Certificates of Occupancy: Inspections & C.O. at time of transfer
29 Points
The County should amend its Code to provide that a Certificate of Occupancy be issued, following
County inspection, before the deed to a residential property can be transferred. Such an inspection should
confirm that County ordinances are being met and that septic systems are in good working order and
properly sized for the occupancy.
Reasons to support recommendation:
. Buyers will be protected from buying a property with unknown or undisclosed violations.
. The County, and FEMA, can be assured thatfuture violations of regulations will be identified.
. Malfunctioning septic system conditions that are affecting near shore water quality can be identified.
DISCUSSION:
Mr. West would like to see a an inspection take place and a C/O issued on the sale of all residential
property in order to eliminate people buying illegal downstairs enclosures. Mr. Stone expressed his
displeasure with the idea of allowing the County on the property. Commissioner Neugent noted that Mr.
West has a valid point that if this had been in place we may have been better off. He also notes that he
has concerns similar to Mr. Stone regarding the intrusion aspect. He added that the fact the County is in
quite a mess in doing things illegally and it is costing the taxpayers a lot of money. He believes that the
Committee should take a hard look at the issue. In addition he has been hearing that realtors have been
misinforming the public by telling them that illegal enclosures in place for more than four years are now
legal. He believes that this may not be the case. Chairman Mahoney noted that he too has heard that a
lot of the realtors are purporting that idea. He recommended that the County provide the realtors
specific language on what to tell potential buyers. Mr. Coleman noted that this process is more
regulation, not less. He also added that it should be insured that staffcan perform the inspections in a
timely manner. Commissioner Neugent added that a system such as this may also help the County when
they negotiate with FEMA.
A sample ordinance from Long Beach Township, New Jersey and a list of inspection requirements for a
resale certificate of occupancy are found in Appendix B.
Floodplain Management Ordinance - restrictions on workshops
29 Points
No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen,
lining room, family room, recreation room, office, bedroom, bathroom or workshop.
The Monroe County zoning laws address all of these items with the exception of recreation rooms and
workshops.
Recreational use of a downstairs enclosure would be a reasonable use of private property, especially
considering the lack of recreational facilities in the Lower Keys.
A workshop located on private property, is and has always been a necessary part of the household.
Routine maintenance on a home certainly requires a variety of tools and shop facilities. If you factor in a
08/30/02
Page 4 of 29
disaster, a boat, automobile, chain saw and various mechanical appliances, you'll find that you will need a
workshop.
Change: Remove the restrictions on workshops and recreations roomsfrom 9.5-317.
II
ROGO - lottery system
II
28 Points
The placement of ROGO with a newer fairer system. Straight lottery system might be the answer.
DISCUSSION:
Vice-Chairman Craig summarized his thoughts saying that the current ROGO system favors the wealthy
and suggested a Lottery system while setting some permits aside for affordable housing. Mr. Pike
suggested that he believed that the system did not need to be eliminated, just "tweaked". Vice-Chairman
Craig added that building would still have to meet a minimum level of standards. Mr. West and
Chairman Mahoney added that ROGO is a grossly unfair system.
Office in the Home - eliminate requirement for public hearing
29 Points
It should not be necessary to have a hearing if you wish to have an office in your home.
Providing that:
No impact on community
No traffic
No signs
Proposing: a home office should be licensed with stated business and reasonable license fee paid.
This would benefit the economy and provide additional revenue for the County.
DISCUSSION:
The item was amended to allow for a notice to the public allowing the decision to be appealed by
the public.
ROGO - Eliminate credit for low volume plumbing fixtures
Points 26
Elimination of the "low volume plumbing fixture credit" - Most if not all plumbing fixtures already meet
the minimum requirements - it's a waste of ROGO point - reinstate the energy efficiency credit.
DISCUSSION:
Some members of the Committee believe that extra points for recommended plumbing fixtures was
unnecessary as the environmentally responsible fixtures are pretty much the industry standard.
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Environmental Standards - Compliance with Policy 1 and funds
Points 26
SECTION 9.5-347 and SECTION 9.5-348(D)(6) In order to assure consistency with Policy of the Comp
Plan, the BOCC should request that the Planning Department, in cooperation with the Property
Appraiser's Office, make an immediate effort to estimate the current "Just Value" of all unimproved
parcels and lots that will become unbuildable under the newly revised Environmental Standards Division
of the LDR's. This report should be forwarded to the BOCC in a timely manner.
Reasons to support recommendation:
. Assure compliance with Policy 1 of the Comp Plan
. Provide for accountability
. Provide the BOCC with a realistic Dollar amount necessary to fund these regulations
DISCUSSION:
Chairman Mahoney reiterated his stand regarding the County making sure funds are available to
buy land deemed unbuildable.
Footnotes in the LDRs
II
II
25 Points
It should be clearly understood that it might be some time before all the LDRs have footnotes and that this
is not a request to burden Planning Staff in an immediate research process. The cross-referencing would
be accomplished as the LDR rewrites are completed. Footnotes are currently being used during the draft
rewrites. However, the footnotes are removed before the final copy goes to print.
These footnotes would need to be recognized as a "reference" tool only and not to be construed as legally
binding.
Reasons to support recommendation:
. Assist the layperson (and others) in researching land use issues.
. Save everyone (including planning staff) time in researching issues governed by our LDRs and Compo Plan.
. As Planning Staff goes through the rewrites, it would assist in identifYing obsolete LDRs.
. The LDRs are meant to be the implementation tool of the Compo Plan. This would assist in identifYing which
policies have been implemented.
DISCUSSION:
Ron Stone agreed with Ms. Patterson that adding footnotes to the LDR's may help clarify the
document for the lay person. Vice-Chairman Craig noted that he has some concerns with the legality
issues of having footnotes as well as concerns the problems it may create when crafting ordinances.
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Floodplain Management Ordinance - inspections non-permitted enclosures
25 Points
The County should implement the agreement with FEMA to conduct inspections of FEMA insured homes to
provide information to FEMA regarding insurability. The question of insurability is one to be settled between
owners, FEMA and private insurers who may be interested in this market.
The County should use the FEMA inspection program to identifY ground level enclosures constructed
since 1996 without permits. These enclosures should be removed at owners' expense.
The County should use the FEMA inspection program to identifY duplex apartments, in districts where
they are prohibited, that have not been permitted as variances or non-complying uses under Monroe
County ordinances or that, absent proof of continuing use as second family dwellings, have been
abandoned. These facilities should be removed at owners' expense.
Reasons to support recommendation:
. The County needs to remove the threat of loss of FEMA services.
. The County needs to enforce its regulations.
Allow for the filing of applications electronically
Points 25
Section 9.5-64. Allow for the filing of applications electronically.
More notification to surrounding property owners
Points 25
Section 9.5-45. Require a notice to surrounding property owners to be to be a more complete description of the
project proposed.
Market Value or Fair Market Value (definition)
Points 24
Should be added as a definition.
Market Value is defined as:
"The most probable price which a property should bring in a competitive and open market under
all conditions requisite of a fair sale, the buyer and seller, each acting prudently, knowledgeably
and assuming the price is not affected by undue stimulus."
Market Value should not be confused with Assessed Value.
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Reason: The term is used in several places throughout the LDR's, especially in ROGO and the FloodPlain
Management Ordinance.
DISCUSSION:
Chairman Mahoney believes adding a definition for F MV would bring clarification to the LDR's
Definition Needed: Principal uses or structure
Points 23
Definition Needed: Gross floor area (gfa)
Points 22
It is impossible to calculate gross floor area without knowing what dimensions to include (interior, exterior, decks,
patios?)
Higher percentage of drought resistant exotic species
Points 22
Sections 9.5-361-367. Change the Code to allow for a higher percentage of exotic species, which are drought
tolerant rather than just native species.
Direct consulting firm, MAXIMUS, to set objectives & monitor performance
Points 22
Growth Management Division should direct its consultant, Maximus, in its analysis of the Division's
management processes to identify specific performance measures that can be used by the Division in
setting objectives, monitoring performance, benchmarking with similar units of government in other
jurisdictions, and in reporting to the Administrator, the BOCC and the Public.
Reasons to support recommendation:
. Individuals perform better wilen tile results they are expected to produce are mutually understood and when
they are rewarded for acllieving them.
. Groups of individuals perform better when group objectives are mutually understood and rewarded.
. Superiors are happier and better managed when tlley understand and agree to objectives and wilen they see
that they have been achieved.
. The public is Ilappier when they see that objectives are being reached and improvements made.
. Everyone is happy when, tllrough benchmarking, it is seen that tile organization is as good as or better than
the best.
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Assess Value of unbuildable lots & notification property owners
Points 21
Send a letter of "NOTIFICATION" to all owners of unimproved property in Monroe County informing
them that recently approved revisions, as well as future amendments, to Monroe County's Comprehensive
Plan may affect the future use of their property.
The letter, or letters, should be of such form and content that affected property owners gain a clear
understanding of County Policy as it relates to the development potential of unimproved properties in the
Keys. Particular emphasis should be placed on the County's intent to:
Undertake a comprehensive land acquisition program; revise the existing residential permit allocation
system; and retire development rights on privately owned vacant lots.
Specific "NOTIFICATION: should go to all owners of lots in the Improved Subdivisions whose
properties are designated with KEYWEP scores that render them "unbuildable" or requiring mitigation.
The Monroe County Property Appraiser should be furnished with list ofRE#'s of all lots on the County's
wetland list.
The Reasoning for this request is to:
. Provide unimproved property owners with a realistic understanding of how & where Monroe County intends
new development to proceed in the Keys;
. Eliminate any unrealistic development expectations of the unimproved property owner; and
. Provide property tax relief for those property owners with unbuildable lots.
DISCUSSION:
Chairman Mahoney reiterated his stand regarding the County making sure funds are available to
buy land deemed unbuildable.
Appeals from administrative actions
Points 21
The following filing fees are hereby established pursuant to this chapter:
For any proposal by a landowner or person having contractual interest in property
desiring to petition the board of county commissioners for an amendment to the land use
district map.............................................................. .$250.00
Any person filing an appeal from an administrative interpretation or decision by any
administrative official with respect to the provisions of this chapter and/or the
comprehensive land use plan.......................................... $250.00
This section needs to be significantly revised. The only appeal fees specified in the LDRs are as stated
above. However, when an Application for Administrative Appeal to the Planning Commission is
submitted to the Monroe County Planning Department, the applicant is required to pay other non-
refundable fees in addition to the $250 Appeal Application Fee.
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Other fees (which are not part of, or specified in the LDRs) include, but are not limited to, "A packet
reproduction fee... to be assessed at a later date" - essentially a "blank check".
Reason to support recommendation:
We expect the Planning Department to recover reasonable costs in processing an appeal, the "$25.00 Notification
fee per adjacent property owner" is excessive, considering:
· The applicant must research and submit a typed list of the names and addresses of all adjacellt landowners.
. The "notification" is sent regular mail (34cent stamp), not certified return receipt requested.
. There is no verification of the adjacent property owners and there is no record of who actually received the
notification.
The LDRs should explain all appeal fees. There should be no hidden costs. If the costs are unknown, such as a
packet reproduction fee (to be determined by the size of the packet) then the LDRs should explain what a packet
reproduction fee is. Additionally, the LDRs should explain the reason for submitting sixteen (J 6) copies with the
appeal application.
DISCUSSION:
Vice-Chairman Craig stated that citing fees in the LDR's as conditions may change over time.
Ms. Patterson clarified that she merely wanted the LDR 's to acknowledge that there are fees, but did
not intend for them to give exact figures.
II
Revision to Planning Department
II
Points 20
This section needs significant revision. Some suggestions are listed below but this does not necessarily
cover every point that should be considered.
Possibly change the title to Department of Growth Management. Sec. 9.5-24 (d) (l) should be corrected;
the director of planning does not select the building official.
The Annotation on page 800.23 states - ".. . that the building official report to the county administrator
through the planning director."
Need to create sections reflecting the following existing positions (description to include minimum
qualifications, jurisdiction, duties and authority):
Director of Growth Management
Planning Commission Attorney
Planning Staff Attorney
Reason to support recommendation:
. Assist the layperson ill understanding the structure of the Growth Management Department.
. Facts are outdated and provide misinformation.
DISCUSSION:
Vice-Chairman Craig suggested creating a planning department to create a community plan,
creating a zoning and permitting department, and limiting the planning commissions authority to
reviewing only Comp Plan amendments.
Mr. West was uncomfortable recommending such a change as an outsider looking in. He noted however
that if a meeting with MAXIMUS would have helped.
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Vice-Chairman Craig noted that he was invited to attend the focus group with MAXIMUS. He
added that there were only three participants in his session.
Mr. West stated that he attended the other focus group and that there were only two other attendees.
It was his opinion that they were looking more for confirmation of their findings rather than citizen
input.
Ms. Patterson added that she was an observer at a focus group and that she too was disappointed in
the turn out.
Chairman Mahoney added that MAXIMUS' inability to meet with the CCC, Ms. Conaway's prior
memo to Commissioner Williams requesting not implementing a Citizen Code Committee due to
staff limitations, and the hiring of an outside firm to complete the LDR rewrites all demonstrate the
lack of support the CCC has had in attempting to complete it's task.
Change in process for making Administrative Interpretations
Points 20
Section 9.5524(a)(2)h. Implement my earlier suggestion for change to the process for making
administrative interpretations, earlier presented to the committee.
II
Reorganize entire Code by District
II
Points 20
Sections 9.5-2001 through 9.5-450. Reorganize the entire Code by district to include within each zoning
district description all the applicable bulk and other standards rather than referring to other sections of the
Code.
Rearrange Code by placing seldom used parts towards rear
Points 19
Sections 9.5-81, 9.5-101, 9.5-161 and 9.5-200. Structurally, place seldom-used parts of the Code toward
the rear of the Code for ease of use by the public and others.
Change Code to require Development Order within 10 days of hearing
Points 19
Section 9.5-47. Change the Code to require the development order to be rendered within ten (10) days of
the public hearing.
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Clarify meaning of "liberally construed" by adding verbage
Points 19
All provisions, terms, phrases and expressions contained in this chapter shall be liberally construed in
order that the true intent and meaning of the Board of County Commissioners may be fully carried out.
The phrasing of this paragraph allows and perhaps encourages unelected officials to make policy. The
paragraph should include the wording from article I in general 9.5-1 p. 773.
Change: All provisions, terms, phrases and expressions contained in this chapter shall be liberal(y construed in
terms of consistency with established regulations and procedures, respect for the right of property owners, and
consideration of the interests of the citizens of Monroe County.
Note: Don Craig's proposal is a similar yet separate proposal and should go forth.
Note: Also add to section 6 building codes.
DISCUSSION:
This item was amended by Mr. Stone. Rather than removing the phrase liberally construed he
would like to amend the sentence to say "liberally construed in favor of the property owner ".
II
Housing above commercial property
II
19 Points
The County should consider amending density impacts, traffic studies, sewage concerns, and height
limitation etc. to increase availability of affordable housing. Utilizing upper level space on commercial
structures for apartments would be a zero impact way of addressing this issue. Commercial property
owners should receive credit for participation in a solution to the affordable housing crisis, and certainly
not be penalized, as is the current practice.
Floodplain Management Ordinance "manufactured homes" - "mobile homes"
18 Points
Subsection (b).(4) on pages 800.190.5-800.190.7 refers to "manufactured homes" with respect to placing
them in flood hazard areas, replacing them, etc.
The term "manufactured home" is ambiguous. Both "mobile" homes and "modular" homes are
manufactured off-site, but that's about all they have in common.
Modular homes and mobile homes are both defined in Sec. 9.5-4, but no definition exists for
"manufactured" homes.
It's fairly obvious that "mobile homes" IS what was intended, as the subsection also refers to
"manufactured home parks".
All references to "manufactured" homes in the subsection should be changed to "mobile" homes.
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This is a simple item made corifusing by inconsistent terminology.
DISCUSSION:
General consensus was that the language on this item needed clarification.
Reference Monroe County OR Unincorporated Monroe County
18 Points
To eliminate misunderstanding or mlSlnterpretation, specific references should be made to Monroe
County or unincorporated Monroe County.
Reason to support recommendation:
Clarification is needed to assist the layperson in reading and comprehending our LDR's.
DISCUSSION:
Mr. Opperman stated he did not believe this issue was not worthy enough to mention.
Mr. West added that he supported Ms. Patterson's work.
Revised Structure for Planning Department
18 Points
Create a Director of Permitting and Development and a Planning Director position. At the same time,
restructure the Planning Commission to review no projects, but only Comprehensive Plan amendments,
historic place designations and zoning changes.
The Director of Permitting and Development would prepare reports for consideration by a "hearing
officer" who could hear from the applicant, the County and the public hearing conducted in the style of
the quasi - judicial hearings now conducted by the Planning Commission.
The Planning Commission could concentrate on the completion of the Community Plans that are now the
priority of the County BOCC. This would allow the planning staff now in place to concentrate on the
areas of their expertise, which is obviously not the day to day permitting of projects.
The sections of the Code affected by this suggested change are numerous, from definition section all the
way through to the appeals sections.
If this fundamental change is not implemented (although I do not know why it would not be immediately embraced
by the BOCC as a w~ to create afair nonpolitical process which also allows public input).
DISCUSSION:
Vice-Chairman Craig suggested creating a planning department to create a community plan,
creating a zoning and permitting department, and limiting the planning commissions authority to
reviewing only Comp Plan amendments.
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Mr. West was uncomfortable recommending such a change as an outsider looking In. He noted
however that if a meeting with MAXIMUS would have helped.
Vice-Chairman Craig noted that he was invited to attend the focus group with MAXIMUS. He
added that there were only three participants in his session.
Mr. West stated that he attended the other focus group and that there were only two other attendees.
It was his opinion that they were looking more for confirmation of their findings rather than citizen
input.
Ms. Patterson added that she was an observer at a focus group and that she too was disappointed in
the turn out.
Chairman Mahoney added that MAXIMUS' inability to meet with the CCC, Ms. Conaway's prior memo
to Commissioner Williams requesting not implementing a Citizen Code Committee due to staff
limitations, and the hiring of an outside firm to complete the LDR rewrites all demonstrate the
lack of support the CCC has had in attempting to complete it's task.
II
Existing Definitions: Lot
II
17 Points
Lot means a parcel of land occupied or intended for occupancy by an individual use including one (1)
main structure together with accessory structures, yards, open spaces, buffer areas and parking spaces.
The current definition is inaccurate and subject to misinterpretation. Not all lots are occupied or intended
for occupancy.
Additionally, the definition does not address whether boundaries are limited and fixed, nor does it address
how a lot may be identified.
Reason to support recommendation:
. Lots are the basis for LDRs.
. This definition needs updating as soon as possible to reflect innovative programs such as Smart Growth and
Tier II acquisition programs.
II
Clear Statement "Preface"
II
17 Points
Preface the LDRs section of the code with an explanation (front and back), directing the user how the
LDRs work and how they fit into the Monroe County Code.
Reason to support recommendation:
. Assist the layperson in comprehension and understanding of the LDRs.
DISCUSSION:
Mr. Opperman believed that the current mission statement is adequate.
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Page 14 of 29
'Vice-Chairman Craig added that to go beyond what is already there would be to risk inconsistencies. He
added that there is a 40 page book, completed while he worked for the county available in the library
explaining the LDR's
II
Pineland Hammock
II
16 Points
This section requires those damaging pineland hammock to replace 'slash pine'. County LDRs SHOULD require
rapacious, greedy developers to replace damaged areas. However, 'slash pine' is not available in the Florida Keys
or South Florida area nurseries. Dade County pine is considered essentially the same as 'slash pine' and without
change in this LDR language, a person required to replace 'slash pine' is forced to go to another pineland and
commit a crime i.e. remove 'slash pine' from another undamaged area. Suggest language be changed to reflect
available live pine stock.
Existing Definitions: Recreation VehicIe
16 Points
Should be changed to conform to the National Highway Transportation Administration's definition. The definition
in the LDR's is outdated. Many of the newer Class A type motor homes today are 40' -45'in length with
slide-outs. The current definition in the LDR's limits an RV to 35' in length 400 Sq. Ft. when measured
at the largest horizontal projection.
Reason: The definition in the LDR's is outdated. Many of the newer Class A type motor homes today are 40 '-45 'in
length with slide-outs. The current definition in the LDR 's limits an RV to 35' in length 400 Sq. Ft. when measured
at the largest horizontal projection.
DISCUSSION:
Chairman Mahoney believed the LDR's should be revised to accommodate the increasing size of RV's in
the county.
II
Existing Definitions: Open Space
II
16 Points
Open space means that portion of any parcel or area of land or water which is required to be maintained
such that the area within its boundaries is open and unobstructed from the ground to the sky. Open space
is not always scarified land as implied by "unobstructed from the ground to the sky".
Reason to support recommendation:
The current definition is inaccurate.
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Existing Definition: Parcel of land
16 Points
Parcel of land means any quantity of land and water capable of being described with such definiteness
that its location and boundaries may be established, which is designated by its owners or developer as
land to be used or developed as a unit, or which has been used or developed as a unit.
The current definition is inaccurate. Not all parcels of land are used or developed. The definition of a
parcel of land should not be interpreted by "whatever a development is".
Additionally, the definition does not address contiguity, ownership, limited or fixed boundaries, shared lot
lines and there may be other factors to consider.
Reason to support recommendation:
. Like the definition of "Lots", a "Parcel of Land" is also afoundation of our LDRs.
. This definition should not be subject to interpretation based on individual development projects.
. A parcel of land is not necessarily slated for development.
Definition Needed: Club or meeting house
16 Points
Principal use or structure and club/meeting house should have a definition comparable to the existing
definition of (A-2) Accessory uses or accessory structures.
Reason to support recommendation:
For clarification and understanding of the true intent.
Amount of change regarding amendment of a presumed conditional use
14 Points
What often happens is that when a developer proposes a speculative office, he is required to undergo a
higher level of review because there is a presumption that the office will be use for high intensity uses.
Alternatively, in other case, the County has required that an owner be required to undergo conditional use
review from one somewhat retail to another, such as furniture sales to bakery. The County should relate
the level of review to actual changes that would involve a change in intensity of use. Reference should be
made to the ITE manual for intensity of traffic generation, and a change of use review should only occur
when the changes is within a range of 205 increase in traffic generated. This is within a reasonable
change of use and for small facilities of 2,500 measurable square feet. Better yet, allow existing
commercial uses to rebuild existing square footage without having to undergo Planning Commission
approval; just review as a minor use only at staff level.
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Page 16 of 29
II
Setback Variance
II
13 Points
Setback variance for canvas awnings and shutters. There should be an ordinance governing setbacks for
secondary window and door treatments such as canvas awnings and or shutters. These items should have
setbacks but not as stringent as primary building setbacks.
DISCUSSION:
Ms. Patterson noted that she thought setbacks were an individual community issue.
Non-conformities to recognize pre-existing residential & commercial uses
13 Points
This is especially important when one considers the present emphasis on redevelopment embodied in the
NROGO equations. For example, recognize existing outdoor drainage areas in existing restaurants:
otherwise, no restaurant owner would propose a redevelopment for fear for of losing valuable serving
area.
DISCUSSION:
Vice-chairman Craig would like pre-existing uses be extended to lawfully established transient Hotels.
He adds that the latest change to additional residential dwellings will not provide protection for
commercial uses or lawfully established transient hotels that now find them over density.
Commissioner Neugent added that the Commission had directed Mr. McGarry to make changes
that would allow the rebuilding of both commercial and residential after a hurricane.
Vice-Chairman Craig stated he believes that although staff followed the Commissions directive the
Planning Commission changed things.
Mr. Coleman added that he believed the Planning Commission only expanded on the directive.
Mr. West & Ms. Pattersonfelt they did not have afull grasp of the issue and ranked the project "0".
Conditional Uses - citizen input & open dialogue
12 Points
Our Camp Plan calls for appropriate mechanisms allowing citizens continued oversight and involvement
in the planning of their communities. Our Comp Plan also calls for a continuing open dialogue with
different participants involved in planning issues.
Some of the greatest impacts on our communities are conditional uses. These are complex for both the
applicant and the community impacted. Not all conditional uses go to a public hearing before the
Planning Commission in the area they affect. With the potential of the Development Review Committee
(DRC) being discontinued, there is concern that the potential for citizen oversight and involvement will
be diminished rather than improved.
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Conditional uses are permitted if certain conditions are met. .. and continue to be met after development.
To ensure continuing open dialogue and citizen involvement in the planning process, there should be
more "open dialogue" meetings regarding new development and redevelopment. Perhaps initial and final
approval meetings should be heard at the Planning Commission level. The initial meeting would be to
approve the concept, with preliminary plans. A final meeting to be heard before the permits are issued
would include the final revised plans and documented checklist showing all conditions met. Progressive
meetings could also be heard at the Planning Commission level, if there are significant changes and the
project is deemed to have a large impact on the affected community.
The conditions placed on a project should become part of an annual (or regular) inspection checklist and
be ongoing to ensure compliance - especially after change of ownership.
When conditional uses are issued this should require an update of the area Community Master Plan
existing conditions, stating, among other impacts, how the project will affect the level of service.
Reasons to support recommendation:
. To comply with the Compo Plan requirementfor continued citizen oversight and involvement and to make
sure these words actually mean something.
. To ensure all participants are given reasonable opportunities to be involved in the planning process.
DISCUSSION:
Vice-Chairman Craig had concerns over the suggestion of a public hearing after Planning
Commission approval where there is risk of an appeal. He believes inserting the public at that point
was going too far.
II
Anonymous Complaints
II
11 Points
The code enforcement department should ignore anonymous complaints. The significant abuses of this
process by individuals with a personal agenda are well known to the community. The case for an
individual being intimidated in an extreme situation however, has merit.
I would propose that if the anonymous complaint were not removed from our code enforcement process, than we
at the very least should initiate thefollowing:
. The County Code Enforcement department should require a complainallt's name to be held in confidence.
. A restriction should be imposed on the number of complaints allowed by an individual over a given time
period.
. An overseer should be appointed to examine any all onymous complaint before it is tumed over to code
enforcement for action.
DISCUSSION:
Mr. Stone noted that if anonymous complaints should not be allowed and that the number of
complaints a citizen can file should be limited. It was also noted that it may be a good idea to allow
anonymous complaints for those occasions when someone may be intimidated.
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Page 18 of 29
Mr. West and Chairman Mahoney oppose limiting the number of times a citizen can complain.
Vice-Chairman Craig thinks that it may be infringing on a person's free speech. The item was amended
to ending anonymous complaints only.
Significant fee to appeal a Development Order
6 Points
Require those appealing a development order issued by the Planning Commission or Development
Review Committee to post a significant fee for appeal, approximately the same as the applicant paid for
the application.
DISCUSSION:
Mr. West and Ms. Patterson feel that this may not be appropriate because the appellants may not be
in the same economic position as the developers.
08/30/02
Page 19 of 29
APPENDICES
08/30/02
Page 20 of 29
APPENDIX
"A"
08/30/02
Page 21 of 29
LIMITED STORAGE AND PARKING
RESTRICTIVE COVENANT
I WrfEREAB, i thtt \Jml~r~i~n~~ ~(i1r~ th~ ~9!Q owner\s) ,)f :(K!
following described real property located in Mon! oe County, Florida descrit'cd i:1S
follows:
Lot(s):_, Block:_
PB:
Real Estate Number:
: and
2 WHEREAS: Materials and finishes normally ass')ciated with living areas a'c not
authorized in enclosed areas below the lowest floor of an elevated build;ng as
defined by section 9.5-316.2(g). The application of flood resistant materials dc,es not
convey a privilege for the scope of work to extend beyond basic wall construction In
onclosures as defined by section 9.5-316.2.{h)
3 WHEREAS, this Limited Storage and Parking F:estrictive Covenant prohib:ls the
enclosed area below the elevated building from being constructed as or oquipped tor
tlSbitational use and said enclosed area shall bE! restricted to limited stora'ie and
parking only in order to receive a building per "it to apply a finish material ;JS
described in FEMA Technical Bulletin 2-93 and authorized by a building permit;
It NOW. THEREFORE, the undersigned agree as fel ows:
· The property described above at paragraph 1 shall be entiUed to apply B finIsh
material as described in Technical Bulletin 2-93 and authorized in building permit
_within tho limited storage or parking enc,osure located below the el,~vatod
building.
e This covenant shall authorize the County staff or its agents access to the plOporty
to inspect the below base flood elevation enclosure between the hours of 8:.:J0 AM
and 5:00 PM daily with reasonable prior writkn notice to inspect for compliance
with this agreement.
· This covenant shall require an inspection prior te, transfer of ownership. It shall
be the responsibility of the property owner or thf~ir representative to conh:ict the
County staff or its agents to inspect the below base flood elevation enclosure prrcy
to any ttansfar of ownership.
Cl The rastrictions herein shall be binding upon thH representatives. heirs, a~)signs
and successors in title of the undersigned; it being the intention of tl,~
undersigned by execution and recording of this document that this restriction shall
run with the land and shall be forever binding Up01 the successors in title, cmd
..
This covenant is intended to benefit and run in favor of the County of Monroo; and
..
In tho event of a violation of this covenant, the County may enforce the CO'(otlC'n!
by injunction or such other legal remedy, as the County deems appropriate
EXECUTED ON THIS _~ day of
WITNESSESS:
OWNER OR OWNERS:
(SignBture)
(5 :gnature)
~ .......-........
(Prin!,rrype Name)
(S ignature)
..............-.--
(Pf'intrrype Name)
Sworn before me this
day of
, .
AD.
Notary P Jblic (Print Name)
Notary P .Jblic (Signature)
My Commission Expires
'/lus instJ'lllhcnt WIIS prcp:u-cd by:
---.---------...
APPENDIX
"B"
08/30/02
Page 24 of 29
i 64-7
LONG BEACH CODE
i 64-7
f 64-7. Certificate of oacupaucy. [AuMuded 4-2-1976 by Onl. No. 76-4(:; 6-4-1982 by
Onl. No. 82-1OC; 2-17.1989 by Ord. No. 89-9C; 5.5--1989 by Ont. No. 89-24C]
A. A certificate of occupancy shall be obtained from the Oxie Enforcement Otticcr upon:
(1) The completion of the construction of any new building.
(2) The completion of constrUCtion of any addition to aD existing building, which addition
required a buildine permit
(3) The cbanee in use of any building.
(4) Tbe change in ownership by transfer of title to any existine strUcture in the Township
of Long Beach.
B. Prerequisites to issuance. No certificate of occupancy shall be issued. by the Oxie
Enforcement Officer until the applicant shall have complied with the following
prerequisites:
(1) Approval in writing sba11 be delivered to the Code Enforcement Officer from the
Long Beach Utilities Depanmcnt certifying that all rules and regulations of the
Utilities Department have been complied with. The Code Enforcement Officer sball
request in writing the approval or denial from the Long Beach Utilities Department.
and the DepartD:Jent shall respond in ~.mting within three days of the receipt of the
written request by the Code Enforcement Officer.
(2) The Code Enforcement Officer shall receive a certification from the Tax Collector of
Long Beach Township that all taxes and water and sewer charges have been paid and
are current on the premises for which a certificate of occupancy is sought. In lieu of
the required certification from the Tax Collector of Long Beach Township that all
taxes and waI8r and sewer charges have bean paid and are current., the Code
Enforcement Oftlccr may issue a certificate uf occupancy Cur It prupu~ ~rc:r ur
title upon receipt of a certification, executed by the attomey for the proposed
transferee. I\W'8Dteeing that. at the time of the tnnsfer of title, he or she shall
personally be n:sponsible for seeing to it that a certified check or an attorney's aust
account check for all taXes and water and sewer charges, through and including the
quarter in whicb the certificate of occupancy is sougbt., will be forwarded to the Tax
Collector of the Township of Long Beach within 20 days of the date of the
certification, and upon failure to so do, the said attorney shall be personally liable for
the full amount thereof. [Amended 7-6-1990 by Oni. No. 9O-22C]
(3) The Code Enforcement Officer or a township official designated by him Of her sball
have entered upon and ~Rmined the structure or Structures, subject of the cenification
of occupancy application, in order that the Township Code Enforcement Offer shall
detennine for his or her records that the strueture conforms with Chapter 205, ZOning,
as a permiaed use or exists as a valid nonconforming use.
(4) The Code Enforcement Offer shall have received from the applicant a written
appl1caUOD, together wltn an appucauon fee of $l:).
~'n
~ _ ""<< _ 1IVn
tNSPECOON REQUIREMENTS FOR
RESALE CERTIFICATE OF OCctrP ANCY
INSPEcrION JY BtJJLDING OmCIAL CONSISTS OF It. VISUAL INSPECTION ONLY. IT IS
NOT A THOROUGH, IN DEl'TB STRUC'l'URAL INSPEcnON OF THE STRUCI'URE. A
COMPLETE INSPEcnON OF THE PROPERTY CAN BE OBTAINED FROM A REGISTERED
HOME INSPECTION AGENCY.
1. General CODditiOD of lot aDd aterior of 1tnIcture, incIudiDg but DOt limited to proper $1ate
of repair of sidewalks. steps, docb and bvl~ds. right-of-way flee DC obsttuctiou. Comer properties
must be free gf all ob4wctioDs higher 1hIIll0 inchn !err a diJtInr.e of25 feet from the comer on ~ch
street.
1. Stain ad porebes: every interior md exterior stair, porch. deck aud balcony shall be we to
use and maintained in lOa ccmditicm and good repm. bvety fiight ot lmira which ii tbr= (3) risen or
more shall have a baDdrail OIl a least one side of the slair, aDd every opeD portion of a stair, fire escape.
porch, ~Tng or ba1ccmy which is more than 30 iDda (762 mm) above the gxade below ahall have
guardIails. Handni1s shaD be DOt less than 30 iDchca (762 mm) DOT more than 34 inches (864 mm) high.
measured vertically above the IIOSing of the treads. GuInhails shan be DOt less than 30 iDcllei (762 mm)
binb above the floor of the porch, 1and.ing or balcony. Bvery hudrail and guardrail shall be firmly
fast=td and capable of bearing M",,211y imposed loads and sbaIl be maintained ill good ,"uuditioJ1.
Maximum four inch spacing between balustels.
All nmmercia1 bulldiDp, parcirail height miDimum 42 inches.
3. Smoke deteetUag systems shall be in proper operating cootiition and in suitable locations for
their intended use. Each dweDiz1g must be equipped with a minimnm of one (1) operational smoke detector
or each floor.
4. Bouse Numbers: All houae numbers shall be displayed on the s~ legibly.
S. The applicant must submit a eurreot plot plan of the premise$, which plot plan shall &bow the
location of all improve:mc:nts, building, structures, fences aDd of lID)' swinmting pools on iite.
6. FDr allltructures built after Many 1984, the applicant must submit a certification by a
ficensed architect or engineer, cettifying compliance with all provisions of O1apter 94, Flood Damage
Prevention, o!the Code of the Township of Long Beach and all National Flood Insurance Program
regulations.
7. Properties located on Long Beach Boulevard between Ship Boaom and Beach Haven: All
properties shall provide concrete curbs and $idewalks.
THIS IS ONLY A GENERAL LIST OF REQUIREMENTS AND POTENTIAL PROBLEMS.
OTHERS MAY BE NOTED, ESPECIALLY IN NON-RESIDENTIAL STRUCI'URES
NOTE: A 525.00 RE-INSPEcnON FEE wn..L BE ASSESSED FOR ALL RE-INSPECTIONS
APPENDIX
"C"
08/30/02
Page 27 of 29
Appendix C
Process for Administrative Interpretations
Overview: Section 9.5-24(a)(2)h of the Land Development Regulations allows the Planning
Director to render interpretations of the applicability of the Code and how various sections apply
to development. Specifically, this section states this duty of the Director to be: "To render the
interpretations of the plan, this chapter or the boundaries of the official land use district map." At
present, the only administrative interpretation that travels to the Board of County Commissioners
for validation is the land use district map boundary interpretation. While this is not presently
provided for in the LDR's, the County, for over 12 years, has allowed a landowner to bring a
request for an administrative interpretation of a land use map to the Board.
The proposal below recognizes that in many cases the interpretations of other sections of the
LDR's are as important to landowners as interpretations of zoning boundaries. In addition, many
complaints about administrative interpretations have arisen simply because the public in general
and in many instances the BaCC has not been notified of interpretations that only come to light
when there is a problem with a particular permit. These problems often arise long after the
interpretation has been reduced to writing and become institutionalized without any public forum
to discuss the relative merits of the interpretation. To remedy this situation and to achieve the
second important goal of political accountability for staff interpretations by making the Bacc a
part of the process, I suggest the follow procedure for all administrative interpretation of Chapter
9.5 of the County Code.
Situation: When the staff or a citizen raises a questions about interpreting the Code where the
answer is not plainly evident from the written meaning of the words in the section questioned or
in another section which answers the same query, an interpretation may be required.
Standards:
1. When interpretations are made, the controlling document when there is no standard provided
within the Code itself shall be corresponding objective or policy of the County
Comprehensive Plan.
2. When the Comprehensive Plan does not provide the guidance required and failing specificity
within LDR's, an interpretation shall be rendered.
3. When writing the interpretation, the words used therein shall have the meaning ascribed to
them by Webster's 9th Collegiate Dictionary or the latest addition of that publication.
4. When such definitions do not sufficiently portray the issue at hand or cannot convey with
reasonable accuracy, "terms of art" as applied to the professional practice of land planning
shall be used. These terms shall be compared to similar terms used in Florida Statutes
dealing with planning and development, specifically, Chapter 163 and 380.
08/30/02
Page 28 of 29
5. Where a term in Florida law is used that applies directly to the issue at hand, that term or
meaning shall be used if the context in Monroe County is applicable.
6. In all cases, no interpretations or choice of words or phrases or definitions shall be in direct
conflict with the Monroe County Comprehensive Plan.
Method: The following steps shall be used in the development of all administrative
interpretations:
1. The Planning Director or staff may initiate an interpretation by request from the public on
application forms provided by the County for an appropriate and reasonable fee. The
Director may initiate an interpretation when the need for one arises.
2. The Director shall review the Monroe County Comprehensive Plan and the person requesting
the interpretation (when applicable) if the interpretation shall be considered by the Planning
Commission.
3. The Planning Director shall present the interpretation to the Planning Commission for their
input recommendations prior to consideration of the interpretations by the Board of County
Commissioners. The Planning Commission shall consider the interpretation at a regularly
scheduled meeting and conduct a public hearing on the proposed interpretation.
4. The Board of County Commissioners shall place the proposed interpretation on its consent
agenda for passage at any regularly scheduled meeting. If a Commissioner or a member of
the public requests a discussion of the interpretation, the item shall be removed from the
regular agenda, at which time the Board may further consider the item or schedule it for
discussion at a later date. All interpretations scheduled for the Board's review shall be
approved or denied and redirected to staff with the Board's intent as to the appropriate
meaning of the policy or regulation for which the interpretation is intended in order to
provide clarity.
5. Once a year, the Planning Director shall present to the Board a report and list of all
administrative interpretations made and ask if there are further clarifications which the Board
may suggest.
Appeal Process: If a person wishes to appeal the adoption of an administrative interpretation,
the appeal shall be heard by the process established for Hearing Officer consideration found in
Sections 9.5-535 through 9.5-542, as if the appeal were from the Planning Commission.
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