Ordinance 006-2022-n
{r
14
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO.006-2022
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT
CODE CHAPTER 135 ("HISTORIC AND CULTURAL RESOURCES"),
ESTABLISHING A MATRIX DELINEATING TYPES OF PROPOSED WORK TO
HISTORIC -DESIGNATED PROPERTY OR STRUCTURES OR TO PROPERTY
OR STRUCTURES SITUATED WITHIN THE TAVERNIER HISTORIC
DISTRICT, APPROVABLE THROUGH A REGULAR CERTIFICATE OF
APPROPRIATENESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL
TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF
STATE; PROVIDING FOR INCLUSION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on December 4, 2017, at a regularly scheduled public meeting, the Monroe County
Historic Preservation Commission ("HPC") made a request for the professional staff of the Monroe
County Planning and Environmental Resources Department ("Department") to establish a professional
staff review and approval process for certain types work to be performed at that time requiring a Special
Certificate of Appropriateness issued by the HPC following notice and a hearing, including but not
limited to work to be performed within the Tavernier Historic District; and
WHEREAS, on April 24, 2018, at a regularly scheduled public meeting, the Monroe County
Development Review Committee ("DRC") reviewed a draft Monroe County Land Development Code
("LDC" or "Code") text amendment consonant with the above -referenced request; and
WHEREAS, on November 1, 2021, at a regularly scheduled public meeting, the Department's
professional staff presented a revised version of such LDC text amendment to the HPC; and
WHEREAS, on December 14, 2021, at a regularly scheduled public meeting, the DRC reviewed
the operative proposed LDC text amendment and recommended approval through DRC Resolution No.
11-21; and
WHEREAS, on December 15, 2021, a community meeting ("Community Meeting") was held
on December 15, 2021, via Communications Media Technology ("CMT"), to provide for public input
on the proposed LDC text amendment; and
WHEREAS, on March 23, 2022, at a regularly scheduled public hearing, the Monroe County
Planning Commission ("Planning Commission") reviewed the proposed LDC text amendment and
recommended approval through Monroe County Planning Commission Resolution No. P09-22; and
1 of 7
I WHEREAS, the Monroe County Planning and Environmental Resources Department's
2 professional staff recommend approval of this proposed LDC text amendment to Monroe County Land
3 Development Code Chapter 135 ("Historic and Cultural Resources"), establishing a matrix delineating
4 types of proposed work to historic -designated property or structures or to property/structures situated
5 within the Tavernier Historic District ("Historic District"), approvable by a Regular Certificate of
6 Appropriateness ("Regular CoA") issued by the Senior Director of the Monroe County Planning and
7 Environmental Resources Department; and
8
9 WHEREAS, at a regularly scheduled meeting held on May 18, 2022, the Monroe County Board
10 of County Commissioners ("BOCC" "Monroe County", or the "County") held a duly noticed public
11 hearing, considered the professional staff report and recommendation accompanying this proposed text
12 amendment to the Code, and provided for public comment and public participation in accordance with
13 the requirements of state law and the procedures adopted for public participation in the planning process;
14 and
15
16 WHEREAS, based upon the documentation submitted and information provided, including but
17 not limited to the documentation and information furnished in the Department's professional staff report,
18 the BOCC hereby makes the following findings of fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
21 County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development for the
23 Florida Keys Area of Critical State Concern, Florida Statute § 380.0552(7); and
24 3. The proposed amendment is consistent with Part H of Chapter 163, Florida Statutes; and
25 4. The proposed amendment is necessary due to consistency with the Comprehensive Plan and
26 the Principles for Guiding Development, as required by LDC Section 102-158.
27
28 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
29 OF MONROE COUNTY, FLORIDA:
30
31 Section 1. Recitals and Legislative Intent. The foregoing prefatory recitals and
32 determinations, including but not limited this ordinance's title, are true and correct, and are
33 hereby incorporated as if fully stated herein.
34
35 Section 2. The Monroe County Land Development Code is hereby amended as follows:
36
Proposed Amendment (deletions are st+i ke t4-ettg,; additions are shown in underlined).
37
38 Chapter 135- HISTORIC AND CULTURAL RESOURCES
39 ARTICLE 1.- ARCHAEOLOGICAL, HISTORICAL OR CULTURAL LANDMARKS
40
41
42 Sec. 135-2. — Definitions.
43 Certificate of appropriateness means an authorization for work to be done to a designated historic
44 property or structure or any property or structure within the Tavernier Historic District. A certificate
45 of appropriateness is not a building permit. A county building permit shall be issued prior to the
46 commencement of work on such property or structure. There are two types of certificates:
47
2of7
I (a) Regular Certificate of Appropriateness: issued by the Planning Director for ordinary repairs
2 or maintenance to a designated historic property or structure, or any property or structure
3 within the Tavernier Historic District and as described in subsection 135-6(a)(2); and
4 (b) Special Certificate of Appropriateness: issued by the Historic Preservation Commission for
5 the renovation, rehabilitation, restoration, or demolition of a contributing or designated
6 historic property or structure, for new construction within the Tavernier Historic District, or
7 for permission to dig or otherwise excavate in the case of an archeological landmark. All
8 renovation, rehabilitation, restoration, or demolition of contributing or designated historic
9 public property or structures shall also be approved by the BOCC, following recommendation
10 by the Historic Preservation Commission.
11
12 Sec. 135-6. Certificates of Appropriateness.
13 (a) Certificate of appropriateness required.
14 Except as provided herein, a building, moving, or demolition permit, or any other
15 development order, shall not be issued for a designated historic property or property within
16 the Tavernier Historic District Overlay, until a certificate of appropriateness is awarded. A
17 certificate of appropriateness is not required for the issuance of any building permits for
18 interior improvements to a designated historic property or property within the Tavernier
19 Historic District Overlay unless the interior of the property is cited as significant in the
20 property's designation resolution.
21
22 Within the Tavernier Historic District Overlay, contributing structures, noncontributing
23 structures and new buildings shall require a certificate of appropriateness as if they were a
24 designated historic property, and shall be reviewed by the Planning Director or the HPC, as
25 required, based on the Tavernier Historic District Preservation Guidelines and as described
26 below.
27 (a) Work to be done to a contributing property or structure or any noncontributing property
28 or structure and new buildings located within the Tavernier Historic District must require
29 a certificate of appropriateness in accordance with this chapter and must be in accordance
30 with the following table:
Certificate of Awn-ooriateness Anbroval Matrix
Work to be Done Contribut e! or Nonc6ntributing Regular, Special
property/structureprooerty/stru'ditre Within, Certifi+cateta? Certificate
'averner Historic District
Accessory Structure Contributing - X
Noncontributing
ADA Improvements Contributing - X
ADA Improvements Noncontributing X -
Awning Contributing - X
3 of 7
Awning
Noncontributing
X
-
Decks, Porches, or Patios
Contributing,
Noncontributing
-
X
Demolition of Principal Structures
Contributing(b);
Noncontributing,
=
X
Demolition of Accessory Structures
ContributiUL
-
X
Demolition of Accessory Structures
Noncontributing
X
-
Docks, Boat Lifts, and Dock Structures
Contributing;
Noncontributing
X
-
Door Replacement
Contributing
-
X
Door Replacement
Noncontributing
X
-
Driveways
Contributing,
Noncontributing
X
-
Energy Saving Devices (for example,
Contributing,
Noncontributing,
=
X
solar devices), Visible from Street
Energy Saving Devices (for example,
Contributing,
Noncontributing
X
solar devices), Not Visible from Street
Elevation of Structures
Contributing,
Noncontributing
-
X
Fences, Walls, Gates
Contributing,
Noncontributin
X
-
Landscape Features (for example,
fountains, or arbors) Visible from Street
Contributing,
Noncontributing
=
X
Landscape Features (for example,
fountains, or arbors) Not Visible from
Contributing,
Noncontributing
X
Street
Mechanical Equipment IncludingPad ad or
Contributing,
Noncontributing
=
X
Stand, Visible from Street
Mechanical Equipment IncludingPad ad or
Contributing,
Noncontributing,
X
_
Stand, Not Visible from Street
Pools
Contributing,
Noncontributing
-
X
Roof Repair/ Replacement
Contributing,
Noncontributing
X
Shutters
Contributing
-
X
Shutters
Noncontributing
X
-
aim
Contributing,
Noncontributing
=
X
Window Replacement
Contributing
-
X
Window Replacement
Noncontributing
X
-
General Note: The Planning Director may refer any application to the HPC for review.
(a) Work to be done that is located within the Tavernier Historic District and is eligible for approval by regular
certificate of appropriateness per this matrix shall be reviewed per the Tavernier Historic District
4of7
Preservation Guidelines. Work to be done that is inconsistent with these Guidelines shall require a special
certificate of appropriateness.
(b) In accordance with subsection 135-6(d).
1
2 (b) Regular certificate of appropriateness.
3 A regular certificate of appropriateness is required for ordinary repair and maintenance that requires
4 a building permit, except as provided for in subsection (a)L2) of this section. A regular certificate
5 shall be issued for any work that will, to the satisfaction of the Planning Director, not change the
6 appearance of the building, structure, or object, or is provided for in subsection (a)(2) of this section.
7 The owner of a property who desires a regular certificate of appropriateness shall
8 file an application with the Planning and Environmental Resource Department, on a form prescribed
9 by the Planning Director. Upon the receipt of a complete application for a regular certificate of
10 appropriateness, the Planning Director shall approve the application, deny it, approve it with
11 conditions, or pass the application on to the HPC for further review. If the decision is to deny or pass
12 the application to the HPC, the Planning Director shall notify the owner of the decision by certified
13 mail. A denied application shall include an explanatory statement of the Planning Director's basis for
14 his decision. The Planning Director's decision may be appealed pursuant to Section 102-185.
15 (c) Special certificate of appropriateness.
16 A special certificate of appropriateness shall be required prior to the issuance of a building permit
17 and shall be issued for any work involving substantial improvement, relocation, new construction,
18 or any work that will result in a change to the original appearance of a designated historic property,
19 or as provided for in subsection (a)(2) of this section. The owner of property
20 who desires a special certificate of appropriateness shall file an application with the Planning and
21 Environmental Resources Department, on a form prescribed by the Planning Director. The
22 application shall contain the full plans and specifications, a site plan, and if deemed applicable,
23 samples of any materials necessary to fully describe the proposed appearance, colors, texture,
24 materials, and design of the building or structure, any outbuilding, wall, courtyard, fence, unique
25 landscape feature, paving, signage, and exterior lighting. The information shall be adequate to enable
26 the HPC to visualize the effect of the proposed work on the hister-ie property. When the Planning
27 Director determines that the application is complete, he shall schedule and notice the application for
28 a public hearing before the HPC, in accordance with Section 135-3(e). In determining whether to
29 grant or deny the application, or grant it with conditions, the HPC shall evaluate the application
30 according to a set of guidelines based on the Secretary of the Interior's Standards for Rehabilitation
31 and Guidelines for Rehabilitating Historic Buildings. At the conclusion of the public hearing, the
32 HPC shall, by written resolution, grant, deny, or grant with conditions, the application. The resolution
33 shall contain the elements set forth in Section 110-7(b), together with an explanation of the basis for
34 the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary
35 shall send a copy of the resolution by certified mail to the applicant.
36
5 of 7
2
3
4
5
6
7
8
9
I?
12
13
14
15
16
177
14
20
21
22
24
25
29
22p9
31
32
33
334
39
37
39
40
41
42
43
45
46
47
48
49
50
Section 3. Construction and Interpretation. This ordinance and its interpretation shall be liberally
construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
policy(ies) of the County. The construction and interpretation of this ordinance and all
Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida
Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out of,
relates to, or is interpreted in connection with this ordinance shall be liberally construed
and enforced in favor of Monroe County to effectuate its public purpose(s) and policy(ies)
of the County, and shall be construed in favor of the BOCC and such construction and
interpretation shall be entitled to great weight in adversarial administrative proceedings,
in trial, bankruptcy, and on appeal.
Section 4. Severability. If any provision of this ordinance, or any part or portion thereof, is held to
be invalid or unenforceable by any administrative hearing officer or court of competent
jurisdiction, the invalidity or unenforceability of such provision, or any part or portion
thereof, shall neither limit nor impair the operation, enforceability, or validity of any other
provision of this ordinance, or any remaining part(s) or portion(s) thereof. All other
provisions of this ordinance, and remaining part(s) or portion(s) thereof, shall continue
unimpaired in full force and effect.
Section 5. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not
repeal the repealing clause of such ordinance or revive any ordinance which has been
repealed thereby.
Section 6. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency pursuant to Chapters 163 and 380, Florida Statutes.
Section 7. The effective date scheduled for adoption of this ordinance shall be June 22, 2022.1
Section 8. This ordinance shall be filed in the Office of the Secretary of the State of Florida.
Section 9. Inclusion in the Monroe County Land Development Code. The text amendment shall
be incorporated in the Monroe County Land Development Code Plan. The numbering
of the foregoing amendment may be renumbered to conform to the numbering in the
Monroe County Land Development Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting held on the 18th day of May .2022 .
Mayor David Rice Yes
Mayor Pro Tern Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James Scholl Yes
Commissioner Holly Merrill Raschein Yes
I Stated otherwise, thirty-five (35) days from today.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY FLORIDA
By:
MAYOR ID RICE
MONROECO ATTORNEY
APPSI07=YA
TO FORM
6 of 7 ASSISTANT COUNTY ATTORNEY
oat,: 5/23/22
I
-J,
M El ple) 114 we) a ml Al,, M
w,AS DEITTY (tLERK
Arils'
C,-
7 of 7
GATY wF-- 'f
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800, Key West FL 33041
P: (305) 292-7777 ext. 219 F; (305) 295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS HWY
KEY LARGO FL 33037
Account: 423741 Ticket: 3845560
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE
Before the un ersign d uthority per onally appeared
who on oath says that he or she is
of the Key West Citizen, a five day
ne spaper published i Key t, in Monroe County, Florida; that the attached
copy of advertisment, being a legal notice in the matter of was published in said
newspaper in the issues of:
Saturday, April 30, 2022
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly, and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida, for a period of 1 year next preceding
the first publication of the attached copy of advertisement; and affiant further says
that he or she has neither paid nor promised any person, firm or corporation any
discount, rebate, ommission or refund for the purpose of securing this advertise-
ment for pubt{caoon ijthe/saWnewspaper.
(S40atty8f Af5dnt3-
Affgpzqd annubsd before me this 6th day of May 2022
(Notary Puby Printed Name) I (Notary Seal)
My commission expires &; Al 19b
Personally Known X Produced Identification _
Type of Identification Produced
Suelynn Stamper
COMMISSION # CG232802
�EX^^P�I�RES: June 27 2022
�r�� N���• 171NII,�iJ ihru Aaron Notary
[legal.text]
MONROE COUNTY BOAIIIJIOF I
COUNTY ;; MM>
NOTICE
NOTICEHEARING
NOTICE
THE
rr ;;
MONROE COUNTY COMP
NOTICE IS HEREBY GIVEN that on Wednesday,, May 'IS, 2092, the Monroe County Board'of county
Commisaaionem will hold a f utAic Meeting, beonning at 09,00 AM, The SCGC meeting +mill be a hybrd
format with the County Commission members raneeting live in Key West. The public wilt be able to,
participate viaZoom Webiraar:'Rie following items will be considered at a PUBLIC MEETING
AMENDTHEHEG HTLiiv#NTT04OFT„AFTER HE ADOPTION AND ON THE EFFECTIVE DATEOFUPDATED
FEMA FLOOD INSURANCE RAFE MAPS, FOR LAWFULLY ESTABLISHED EXISTING RESIDENTIAL.
BUILDINGS WHICH DO NOT EXCEED THE 35-FOOT HEIGHT LIMIT AND NEW RESIDENTIAL ILI INCS
(INCLUDES SL BSVANTIAL IMPROVEMENTS) IN CORDER FOR THESE BUILDINGS TO ELEVATE TO OR
MAINTAIN THE RECNiyIRED ELEVATION BASED ON THE FLORIDA BUILDING CODE AND UPDATED
FEMA FLOOD INSURANCE RATE MAPS„ PROVIDING FOR SEVERABILRY PROVIDING FOR REPEAL CDC
CONFLICTING PROVISIONS„ PROVIDING FOR "TRANSMITTAL TOTHE STATE LAND PLANNING AGENCY
AND T14E SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE
MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE, (FILE 019-095)
— . .! C .. .T;I'NE. N N ,: ,:�1" " JBQ . E'.m : TY-,, : 1. ENDING
MONROE COUl"ITY LAND DEVELOPMENT CODE CHAPTER 1E5 HISTORIC; AND CULTURAL
RESOURCES, CREATING A MAW"RING ESTABLISHING TYPES OF WORK DONE TO A DESIGNATED
HISTORIC PROPERTY OR STRUCTURE CAR ANY PROPERTY OR STRUCTURE WITHIN THE TAVERNIER
HISTORIC PISTRIN.G.",T THAT CAN BE APPROVED BY A REGULAR CERTIFICATE OF APPROPRIATENESS,
EIROVIDlNG„T FAIR SEVERASILIT"Y; PROVIDING FOR REPEALCF CONFLICTING PROVISIO NSw PROVIDING
FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE„
PROVIDING FOR INCLUSION IN THE MONROE COUNTY NAND DEVELOPMENT CODE; PROVIDING FOR
AN EFFECTIVE DATE. (FILE. 2018-069)
Pliaase visit the o"roe CouWw w ebeite at www.monroecounty-fl.gov for meeting ap ernda updates
and information rdgarding the various options available to the public to view live meeting and/or
to'make public comments on certain agenda Items.
Pursuant to Section 286,0105 Florida Statutes, If a person decides to appeal, any decision of the Board
of Gourdy Cornmiesioners„ with respect to airy matter considered at the meeting or hearing, he or she will
need a, record of the proceedings, and that, for saaptn purpose, he or she may need to ensure a verbatinn
record cl the proceedings is made„ which record Includes the testimony & evidence upon which the appeal
is to be based.
ADD ASSISTANCE: «"Er If you are a person with a disability who needs special accommodations in order
to participate in this proceeding, please contact the County Administrator's Office, by phoning )
2,92-4441, between the hours of 8:30 &mn - &W p.m., no later than five (6) calendar days priorpriorto the
scheduled rrnaeting; Bf you are hearing or voice Impaired, call 9P+Y1 L11
dw n 30 2022 KEY" MOT WIZEN
GV�S COURTq c
Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe Count Florida
o p Y,
E cOVN
May 31, 2022
Departunent of State
Adiiiiiiistrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Orduiance No. 006-2022 atnenduig Monroe Comity Land
Development Code Chapter 135 ("Historic and Cultural Resources"), establishing a matrix
delineating types of proposed work to historic -designated property or structures or to property or
structures situated within the Tavernier Historic District, approvable through a Regular Certificate
of Appropriateness; provriduig for severability; prov"di ig for repeal of conflicting provrisions;
provIduig for transmittal to the State Land Plaiuutig Agency and the Secretary of State; proNnduig
for inclusion iii the Monroe County Land Development Code; provriduig for an effective date.
Said Orduiance is incorporated herein by reference. This Orduiance was adopted by the Monroe
County Board of County Commissioners at a regular meeting, held iii formal session, on May 18,
2022. Should you have any questions please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Keviui Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex-officio to the Monroe County
Board of County Commissioners
bp.• Liz YonPzre, D. C.
cc: Plaimi ig & Lnvirorimental
County Aduninistrator
County Attorney_
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305-294-4641 305-289-6027 305-852-7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305-852-7145
I
RON DESANTIS
Governor
June 1, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
CORD BYRD
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 006-2022, which was filed in this office on May 31,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/mas
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270