Ordinance 022-2022 - n
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5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO.022-2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 102-57 (NONCONFORMING STRUCTURES),
13 SECTION 131-1 (REQUIRED SETBACKS),AND SECTION 131-3 (APPLICABILITY OF
14 REQUIRED SETBACKS), TO FACILITATE THE ELEVATION (LIFTING UP) OF
15 LAWFULLY-EXISTING RESIDENTIAL DWELLING UNITS TO OR ABOVE BASE
16 FLOOD LEVEL TO REDUCE THE RISK OF FUTURE FLOOD DAMAGE BY
17 PROVIDING STANDARDS, WAIVERS, OR REDUCTIONS TO CERTAIN SETBACK
18 AND OPEN SPACE REQUIREMENTS TO ALLOW FOR NECESSARY
19 IMPROVEMENTS, INCLUDING STRUCTURE INGRESS AND EGRESS FOR
20 MECHANICAL, PLUMBING, AND ELECTRICAL SYSTEMS, APPLIANCES, AND
21 COMPONENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
22 CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
23 LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND
25 DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.'
26
27
28 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes,
29 Monroe County possesses the police power(s) to enact ordinances in order to protect the health, safety,
30 and welfare of the County's residents and citizens; and
31
32 WHEREAS, the Florida Legislature intends that local planning be a continuous process, and the
33 Florida Statutes encourage local governments to comprehensively evaluate and, as necessary, update
34 comprehensive plans to reflect changes in local conditions; and
35
36 WHEREAS, on April 13, 2016, the Monroe County Board of County Commissioners (`BOCC",
37 "Monroe County", or the "County") adopted the 2030 Monroe County Comprehensive Plan pursuant to
38 Ordinance No. 005-2016, which included the County's EAR-based amendments and the 2030 Monroe
39 County Comprehensive Plan became effective upon the posting of the Notice of Intent on the Department
40 of Economic Opportunity ("DEO")website on June 20, 2016; and
41
42 WHEREAS, on September 10, 2017, Hurricane Irma made landfall near Cudjoe Key as a
43 Category 4 Hurricane with maximum sustained winds of 130 miles-per-hour and caused significant
44 damage throughout the Florida Keys,particularly to structures built prior to the upgraded Florida Building
45 Code adopted after Hurricane Andrew, to non-elevated structures and to mobile homes; and
i Monroe County Planning and Environmental Resources Department File No.2021-131.
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I WHEREAS, on July 21, 2021, the BOCC discussed whether to direct its professional staff to
2 process a Land Development Code amendment to provide allowances within certain setback and open
3 space requirements, to facilitate elevating dwelling units; and
4
5 WHEREAS, on July 21, 2021, the BOCC directed its professional staff to further recovery, post
6 disaster and resiliency, by allowing elevating (lifting up) a dwelling unit within the original (existing)
7 footprint of the structure and to eliminate impediments to elevating lawfully-existing residential dwelling
8 units, not including mobile homes, above base flood level to reduce future flood damage; and
9
10 WHEREAS, pursuant to Section 163.3191, Florida Statutes, Monroe County must evaluate its
11 Comprehensive Plan every seven (7) years to determine if amendments are necessary to reflect changes
12 in State requirements; and
13
14 WHEREAS, Monroe County is proposing amendments in accordance with the 2021 evaluation
15 and appraisal("EA")notification letter, and amendments to facilitate the elevation(lifting up)of lawfully-
16 existing residential dwelling units by providing waivers or reductions to certain setback and open space
17 requirements to allow necessary improvements to provide access (stairs, ramp, etc.) to a house elevated
18 above base flood level to reduce the risk of future flood damage; and
19
20 WHEREAS, the proposed text amendment to the Land Development Code is necessary to be
21 consistent with the proposed comprehensive plan amendments, as specified in Sections 163.3194 and
22 163.3201, Florida Statutes, which require land development regulations to be consistent with and
23 implement the Comprehensive Plan; and
24
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
27 the citizens of the Florida Keys and to strengthen our local government capability to manage land use and
28 development; and
29
30 WHEREAS, the Monroe County Planning and Environmental Resources Department
31 ("Department") conducted a Community Meeting on October 14, 2021, to review the proposed
32 amendment and to receive public comment; and
33
34 WHEREAS, the Monroe County Development Review Committee ("DRC") reviewed and
35 considered the proposed amendments at a regularly scheduled meeting held on November 15, 2021; and
36
37 WHEREAS, the Monroe County Planning Commission ("PC") held a public hearing on January
38 26, 2022, for review and recommendation on the proposed amendment; and
39
40 WHEREAS, the Monroe County Planning Commission adopted PC Resolution No. 04-22
41 recommending approval for the proposed amendment; and
42
43 WHEREAS, at a regularly scheduled meeting held on October 19, 2022, the Monroe County
44 Board of County Commissioners held a public hearing, considered the Department's professional staff
45 report, and provided for public comment and public participation in accordance with the requirements of
46 state law and the procedures adopted for public participation in the planning process; and
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I WHEREAS, based upon the documentation submitted and information provided in the
2 accompanying staff report, the Monroe County Board of County Commissioners makes the following
3 findings of fact and conclusions of law:
4
5 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the 2030
6 Monroe County Comprehensive Plan; and
7 2. The proposed amendment is consistent with the Principles for Guiding Development for the
8 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
9 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute; and
10 4. The proposed amendment is necessary due to new issues and the need for additional detail or
11 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
14 OF MONROE COUNTY, FLORIDA:
15
16 Section 1. The foregoing recitals and statements of legislative purpose and intent are true and correct
17 and are hereby incorporated as if fully set forth herein.
18
19 Section 2. The Monroe County Land Development Code is hereby amended as follows:
20
Proposed Amendment: deletions are sr,.ieke thf:,tte ; additions are shown in underlined).
21
22 Sec. 102-57. Nonconforming Structures.
23 (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use
24 (zoning) district in which it is located, or devoted to a nonconforming use with authority to
25 continue pursuant to Section 102-56,may be continued in accordance with the provisions of this
26 section.
27 (b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming
28 structures registered in accordance with section 102-55 may be performed.
29 (c) Enlargements, expansions, and extensions. Lawful nonconforming structures that are used in
30 a manner conforming to the provisions of this Land Development Code and the Comprehensive
31 Plan may be enlarged, expanded, or extended,provided that:
32 (1) The improvement does not constitute a substantial improvement;
33 (2) A nonconforming use is not located in the nonconforming structure; and
34 (3) The nonconformity is not further violated.
35 (d) Relocation. A nonconforming structure, other than a historic structure listed on the National
36 Register of Historic Places, the Florida Inventory of Historic Places, and/or designated as
37 historic by the BOCC, shall not be moved unless it thereafter shall conform to the regulations of
38 the land use (zoning) district in which it is relocated.
39 (e) Termination, Damage or Destruction and Retrofits.
40 (1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 18
41 consecutive months, then such structure shall be demolished, removed or converted to a
42 conforming structure.
43 (2) Damage or destruction.
44 a. A nonconforming structure that is damaged or destroyed to the extent of less than 50
45 percent of the fair market value of such structure may be restored as of right if a
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I building permit for reconstruction is issued within six months of the date of the
2 damage(such damage or destruction may be voluntarily or due to natural phenomena
3 whose effects could not be prevented by the exercise of reasonable care and foresight).
4 b. Except as provided in section 135-5, chapter 122 in regard to mobile homes, and
5 section 130-163, any nonconforming structure that is damaged or destroyed so as to
6 require substantial improvement may be repaired or restored only if the structure
7 conforms to the provisions of the land use (zoning) district in which it is located. Fair
8 market value shall be determined by reference to the official tax assessment rolls for
9 that year or by an appraisal by a qualified independent appraiser. The extent of damage
10 or destruction shall be determined by the building official, in consultation with the
11 Planning Director, by comparing the estimated cost of repairs or restoration with the
12 fair market value.
13 C. Substantial improvement or reconstruction of nonconforming single-family dwelling
14 unitgesidenees shall comply with all applicable setback and open space provisions of
15 this Land Development Code set forth in chapters 130 and 131 except where strict
16 compliance would result in a reduction in lot coverage as compared to the pre-
17 destruction footprint of the dwelling;unithettse. In such cases,the previously approved
18 open space ratio shall be applied; and the maximum shoreline setback shall be
19 maintained and in no event shall the shoreline setback be less than ten (10) feet from
20 mean high water.
21 (3) Elevation Retrofits. To further recovery, post disaster and resiliency, as provided in
22 Comprehensive Plan Policy 101.5.34 and Policy 101.9.4, a lawfully-existing residential
23 dwelling unit,not including mobile homes,may be retrofitted to elevate the structure above
24 base flood level to reduce flood damage,pursuant to:
25 a. The lawfully-existing dwelling unit structure may maintain its existing setbacks and
26 open space, even if nonconforming, provided the structure is elevated within the
27 original (existing) footprint of the structure.
28 b. Setbacks and land use open space requirements are waived to allow necessary
29 improvements to a dwelling unit being retrofitted by elevating the unit to meet or
30 exceed flood levels. The necessary improvements are limited to ingress/egress
31 structures (stairs, ramps, landings, elevators, etc.). The waiver provided shall be the
32 minimum necessary to provide access to the structure that is in compliance with fire
33 code requirements.
34 C. Side and rear setback requirements are waived to allow accessory elevated platforms
35 above base flood for equipment (mechanical, plumbing and electrical systems,
36 appliances and components) situated at least two (2) feet from the side yard property
37 line or at least five (5) feet from the rear ,yard property line.
38 d. Maximum possible shoreline setbacks and open space are to be maintained, and in no
39 event shall a required shoreline setback be reduced to less than ten(10)feet from mean
40 high water except to accommodate the lawfully existing footprint of the structure to
41 be elevated.
42 e. The improvements shall be constructed to avoid off-site discharge of stormwater from
43 the subject parcel, in accordance with Section 114-3 of the Monroe County Land
44 Development Code.
45 £ Development shall maintain compliance to the maximum extent practicable, as
46 determined by the Planning Director.
47 g. This Policy does not waive any required minimum vegetated setbacks adjacent to
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I wetlands (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any
2 encroachments to a conservation easement.
3 h. This Policy does not restrict a property owner from proposing other additions or
4 improvements to the elevated dwelling unit, as long as the additions, enlargements,
5 expansions, and extensions do not create a nonconformity or cause a further violation
6 to an existing nonconformity.
7 i. New construction or reconstruction of single-family dwelling units shall comply with
8 the setback and open space provisions set forth in Policy 101.5.25,Policy 212.2.4, and
9 in Chapters 118, 130, and 131 of the Monroe County Land Development Code.
10 Amortization. Any nonconforming structure may be subject to compulsory termination when
11 it is found detrimental to the conservation of the value of surrounding land and
12 improvements, and therefore is tending to deteriorate or blight the neighborhood. In
13 ordering the compulsory termination of a nonconforming structure, the BOCC will
14 establish a definite and reasonable amortization period during which the nonconforming
15 structure may continue while the investment value decrement resulting from termination is
16 amortized. Determination of the amount to be amortized shall be based on the value and
17 condition of the land and improvements for the nonconforming structure less their value
18 and condition for a conforming structure, and such other reasonable costs as the termination
19 may cause. The rate of amortization shall be in accordance with reasonable economic
20 practice.
21 (f) Water-dependent and water-related commercial nonconforming structures. Lawfully
22 established water-dependent and water-related nonresidential structures which are identified as
23 a source of economic sustainability within a Livable CommuniKeys Plan may be permitted to
24 be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting use and
25 registered in accordance with section 102-55. Development shall be brought into compliance to
26 the maximum extent practicable, as determined by the Planning Director.
27
28
29 Sec. 131-1. Required Setbacks.
30 (a) Unless otherwise allowed for in this Land Development Code, no structure or land shall be
31 developed, used or occupied except in accordance with the bulk regulations set out in the
32 following table.
33
Primary Secondary Primary Secondary Rear Yard
Land Use District/Land Use Front Yard Front Yard Side Yard Side Yard (ft.) ***
(ft.)*** (ft.) *** (ft.) *** (ft.) ***
Airport(AD) 25 25 10 10 25
Commercial (Cl) 25 15 10 5 10
Commercial C2 15 15 10 5 10
Commercial Fishing Area (CFA),
Commercial Fishing Special District 25 15 10 5 20
(CFSD), and Commercial Fishing Village
(CFV)
Conservation C 25 15 10 5 20
Destination Resort DR 50 25 20 15 30
Improved Subdivision IS 25 15 10 5 20
Industrial I 25 15 10 5 25
Mainland Native MN 25 25 10 5 20
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Maritime Industries MI 25 25 10 5 25
Military Facilities(MF) 25 15 10 5 20
Mixed Use(MU) 15 15 10 5 10
Native Area NA 25 15 10 5 20
Offshore Island OS 25 15 10 5 20
Park and Refuge PR 25 15 10 10 10
Recreational Vehicle(RV)* 25 15 10 5 10
Sparsely Settled SS 25 15 10 5 10
Suburban Commercial SC 25 15 10 5 10
Suburban Residential(SR) 25 15 10 5 10
Suburban Residential Limited(SR-L) 25 15 10 5 10
Urban Commercial(UC) 15 15 10 5 10
Urban Residential(UR): 15 15 10 5 10
Urban Residential Mobile Home(URM)**
Lots less than 50 feet wide 10 10 5 5 10
Lots 50 feet wide or greater 10 10 10 5 10
Urban Residential Mobile Home Limited 10 10 10 10 10
URM-L **
*For RV parks within the RV Land Use District,the RV setback requirements shall apply to the district/RV park boundaries
and not to the interior RV spaces.
**For mobile home parks within the URM and URM-L Land Use Districts, the setback requirements shall apply to the
district/mobile home park boundaries and not to the interior mobile home spaces.
***Notwithstanding the required setbacks, elevating a dwelling unit above base flood level to reduce flood damage may
encroach the required setbacks, as provided in Policies 101.5.34 and 101.9.4 and Sections 102-57 and 131-3.
1
2 (b) Applicability of required setbacks.
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6
7 Sec. 131-3. Applicability of Required Setbacks.
8 (a) Bufferyards. When a bufferyard is required under the provisions of Chapter 114, Article V,
9 compliance with the bufferyard provisions along a property line shall relieve the necessity of
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I complying with the setback provisions along the same property line if the width of the bufferyard
2 is greater than the applicable setback requirement set forth in Section 131-1.
3 (b) Shoreline setbacks. All development shall be set back from shorelines as required in Section
4 118-12. Docking and mooring facilities within the shoreline setback shall be set back from side
5 property lines in accordance with Section 118-12. The side yard setback does not apply to a
6 utility pole, utility rack, seawall, fence, retaining wall, or marginal dock.
7 (c) Front yard setbacks.A front yard is a required setback on a parcel of land that is located along
8 the full length of the front property line of the parcel, is generally the property frontage to which
9 development on the parcel is oriented and is generally adjacent a road. On parcels fronting more
10 than one road, such as corner lots and double frontage parcels, each yard along a road shall be a
11 front yard. The front yard setback does not apply to a utility pole or utility rack.
12 (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary front
13 yard requirement set forth in Section 13 1-1 shall be applied.
14 (2) Double frontage parcels. For a parcel that has road frontage along two or more roads, the
15 primary front yard requirement set forth in Section 13 1-1 shall generally be applied to the
16 front yard to which development on the parcel is oriented. The secondary front yard
17 requirement set forth in Section 13 1-1 shall be applied to the remaining front yard(s). For
18 parcels located within the median of U.S. Highway 1, the primary front yard requirements
19 shall be applied to both front yards situated along the highway right-of-ways.
20 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and
21 walkways, may be permitted within a required front yard setback provided they do not
22 exceed six(6)inches in height as measured from grade. In no event shall the total combined
23 area of all accessory structures occupy more than 60 percent of the required front yard
24 setback area.
25 (4) Off-street parking on residentially developed parcels. Any required off-street parking
26 spaces may be located on an accessory driveway within the front yard setback on a parcel
27 developed exclusively with a residential use. Any vehicle utilizing such an off-street
28 parking space shall be properly licensed and operable.
29 (5) Signs,fences and landscaping. Signs as permitted in Chapter 142, fences as permitted in
30 Chapter 114 and landscaping may be permitted in a required front yard setback.
31 (6) Ingress and Ewe or lawfully established residential dwelling-units retrofitted to elevate
32 the structure above base flood level. Retrofitting a lawfully existing residential dwelling
33 unit, not including mobile homes, to elevate the unit above base flood level to reduce flood
34 damage may encroach the front yard requirement set forth in Section 131-1 to allow
35 necessary improvements to access the dwelling unit. The necessary improvements are
36 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
37 provided shall be the minimum necessary to provide access to the structure that is in
38 compliance with fire code requirements.
39 (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located along
40 the full length of the side property line and is generally between the front and rear property lines.
41 The side yard setback does not apply to a utility pole,utility rack, seawall, fence, retaining wall,
42 or marginal dock.
43 (1) Side yard requirements (excluding four-sided platted corner lots). With the exception of
44 four-sided platted corner lots, the primary side yard requirement set forth in Section 13 1-1
45 shall be applied to one side yard. The secondary side yard requirement set forth in Section
46 13 1-1 shall be applied to any remaining side yards.
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1 (2) Side yard requirements for four-sided platted corner lots. On a platted corner lot with only
2 four sides, there shall be a primary front yard, secondary front yard, rear yard, and a single
3 side yard. For such lots, there shall be no primary side yard setback requirement, and the
4 single side yard shall be subject to the secondary side yard setback requirement set forth in
5 Section 131-1.
6 (3) Accessory driveways, walkways, patios and decking on residentially developed parcels.
7 Accessory structures, limited to driveways, walkways,patios, and decks, may be permitted
8 within a required side yard setback on a parcel developed exclusively with a residential use
9 if the structure meets the provisions of this subsection. Such an accessory structure shall a)
10 not exceed six (6) inches in height as measured from grade; b) be situated at least one (1)
11 foot from the side yard property line; and c)be constructed to avoid any off-site discharge
12 of stormwater from the subject parcel in accordance with Section 114-3. In no event shall
13 the total combined area of all accessory structures occupy more than 80 percent of the
14 required side yard setback area.
15 (4) Accessory stairs and platforms to elevate mechanical, plumbing electrical equipment
16 ,
17 Accessory structures, limited to stairs and platforms, may be permitted within a required
18 side yard setback on a parcel developed exclusively with a residential use if the following
19 provisions are met:
20 ;
21 ab) the accessory structure is required to elevate mechanical, plumbing; and electrical
22 equipment at or above required flood elevations;
23 be) the accessory structures areshall be situated at least two (2) feet from the side yard
24 property line; and
25 cd) the accessory structures must be constructed to avoid any off-site discharge of
26 stormwater from the subject parcel in accordance with Section 114-3; and..
27 dDIn no event shall the total combined area of all accessory structures occupy more than
28 80 percent 80% of the required side yard setback area.
29 (5) Ingress and Ewe or lawfully established residential dwelling-units retrofitted to elevate
30 the structure above base flood level. Retrofitting a lawfully existing residential dwelling
31 unit, not including mobile homes, to elevate the unit above base flood level to reduce flood
32 damage may encroach the primary side yard requirement set forth in Section 13 1-1 to allow
33 necessary improvements to access the dwelling unit. The necessary improvements are
34 limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The waiver
35 provided shall be the minimum necessary to provide access to the structure that is in
36 compliance with fire code requirements.
37 (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is located along
38 the full length of the rear property line and is generally on the side opposite to the primary front
39 yard. The rear yard setback does not apply to a utility pole or utility rack or plumbing and electric
40 fixtures for a vessel pumpout.
41 (1) Accessory structures on residentially developed parcels. An accessory structure may be
42 permitted within a required rear yard setback on a parcel developed exclusively with a
43 residential use if the structure meets the provisions of this subsection. An accessory
44 structure not exceeding eighteen (18) inches in height as measured from grade may be
45 permitted if the structure is a) situated at least one (1)foot from the rear yard property line
46 and b) constructed to avoid any off-site discharge of stormwater from the subject parcel in
47 accordance with Section 114-3. An accessory structure not exceeding twelve feet(12) feet
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I in height as measured from grade may be permitted if the structure is a) situated at least ten
2 (10) feet from the rear property line. In no event shall the total combined area of all
3 accessory structures occupy more than 60 percent of the required rear yard setback area.
4 (2) Injzress and Ejzress for lawfully established residential dwelling-units retrofitted to elevate
5 the structure above base flood level. Retrofitting a lawfully existing residential dwelling
6 unit, not including mobile homes, to elevate the unit above base flood level to reduce flood
7 damage may encroach the rear yard requirement set forth in Section 131-1 to allow
8 necessary improvements to access the dwelling unit. The necessary improvements are
9 limited to in rg ess/eyress structures (stairs, ramps, landings, elevators, etc.). The waiver
10 provided shall be the minimum necessary to provide access to the structure that is in
11 compliance with fire code requirements.
12 (3) Accessory stairs and platforms to elevate mechanical, plumbing-and electrical equipment.
13 Accessory structures, limited to stairs and platforms, may be permitted within a required
14 rear setback on a parcel developed exclusively with a residential use if the following
15 provisions are met:
16 a) the accessory structure is required to elevate mechanical, plumbing and electrical
17 equipment at or above required flood elevations;
18 b)the accessory structures are situated at least five(5) feet from the rear yard property line;
19 and
20 c) maximum shoreline setbacks are to be maintained and, in no event shall a shoreline
21 setback be less than ten(10) feet from mean high water;
22 d)the accessory structures must be constructed to avoid any off-site discharge of stormwater
23 from the subject parcel in accordance with Section 114-3; and
24 e)in no event shall the total combined area of all accessory structures occupy more than 60
25 percent(60%) of the required rear ,yard setback area.
26
27 Section 3. Construction and Interpretation. The construction and interpretation of this
28 ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building Code, Florida
29 Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out of, relates to, or is
30 interpreted in connection with this ordinance shall be liberally construed and enforced in favor of the
31 Monroe County BOCC, and shall be construed in favor of the Monroe County BOCC and such
32 construction and interpretation shall be entitled to great weight in adversarial administrative proceedings,
33 at trial, bankruptcy, and on appeal.
34
35 Section 4.No Liability.Monroe County expressly reserves and in no way shall be deemed to have
36 waived,for itself or for its officer(s), employee(s), or agent(s),any sovereign, governmental, and any other
37 similar defense,immunity, exemption, or protection against any suit, cause-of-action, demand, or liability.
38
39 Section 5. Severability. If any provision of this ordinance, or any part or portion thereof, is held
40 to be invalid or unenforceable by any administrative hearing officer or court of competent jurisdiction, the
41 invalidity or unenforceability of such provision, or any part or portion thereof,shall neither limit nor impair
42 the operation, enforceability, or validity of any other provision of this ordinance, or any remaining part(s)
43 or portion(s) thereof All other provisions of this ordinance, and remaining part(s) or portion(s) thereof,
44 shall continue unimpaired in full force and effect.
45
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I Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this ordinance are
2 hereby repealed to the extent of said conflict. The repeal of an ordinance herein shall not repeal the
3 repealing clause of such ordinance or revive any ordinance which has been repealed thereby.
4
5 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
6 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
7
8 Section 8.Filing.This ordinance shall be filed in the Office of the Secretary of the State of Florida
9 but shall not become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6)
10 by the Florida State Land Planning Agency or Administration Commission approving the ordinance, and
11 if the final order is challenged, until the challenge to the order is resolved pursuant to F.S. Chapter 120.
12
13 Section 9. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
14 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
15 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
16 the Code.
17
18 Section 10. Effective Date. This ordinance shall become effective as provided by law and stated
19 above.
20
21 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
22 at a regular meeting held on October 19, 2022.
23
24 Mayor David Rice Yes
25 Mayor Pro Tem Craig Cates —Yes
26 Commissioner Michelle Coldiron Yes
27 Commissioner James K. Scholl Yes
28 Commissioner Holly Merrill Raschein Yes
29
30 BOARD OF COUNTY COMMISSIONERS
31 $3 OF MONROE CO TY F QRIDA
3
3 By:
Mayor David Rice
3
36 MONROE COUW-Y ATTORNEY
37 APP"rE TO FORM
38 ATTEST: KEVIN MADOK, CLERK
39 PETER MORRIS
40 ASSISTANT COUNTY ATTORNEY
41 By: Date: 10/4/22
42 AS DEPUTY CLERK
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3865020
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA
COUNTY OF MONROE [legal text]
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday, October 1,2022
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 31st day of October 2022
� ,1AA ry't .) I
(Notary Public Signature)
Melinda Prescott
(Notary Public Printed Name)
My commission expires 1/11/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
ww
Notary Public$tale of Florlda
AMelinda Prescott
My Commission
., EXpi. 111112026
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Y�Y1 keysnewsxo l MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
NOTICE OF PUBLIC MEETING AND NOTICE OF
PER KEYS PUBLIC HEARING
UP % NOTICE OF CHANGE TO MONROE COUNTY
COMPREHENSIVE PLAN
po IIIII NOTICE OF CHANGE TO MONROE COUNTY
IIIIII LAND DEVELOPMENT CODE
! OCTOBER 19,2022
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NOTICE W HEREBY GMEN T dne hai vn Wesday October 19 2022 1hv
ADVERTISING' f A � � Monroe CIP.My Boad of County Gilu ss onem w ll hold a Nuk,,Mmb,g
/ TAMMY COLLINS �.,);; beg Uri O or 0900 AM ihv BUCC my t'g '11 b,a hybrd UuaG w1h ihv
w C FGyC misabnmvmbvramvvi'ng l' M alhan.Thv publkwlli bvable
r (305 39C 7423 U p n'pNs ,zrem WsbUar mo mu 'N,sa win be cp,aid smd at a
Kc}sNcuS.wm PUBLIC MEETING:
ECoffir1x@KysNew coYn PUBLIC HEARINGS:09:00 AM(oras soon themethras may be heed):
I AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
Advertise your property in The Key Wet �� COMMISSIONERS AMENDING THE MONRUE COUNTY23GCOMPREHENSIVE
/ PLAIN TO CREATE POLICY lot 5.M AND TO AMEND POUCY 1CL9A TO
1 t Real Estate S do // ��%J/ (I), PH VIDE EXCEPTIONS TO NON-SHORELINE AND SHORELINE SEBACKS AND
/�
Ss 1230 I OPEN SPACE REQUIREMENTS FOR THE ELEVATION OF IA ILY WW EXISTING
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AS PANT OF
ENS,UNITS ABOVEFLOOD REQUIREMENTS PROCESSED
As PART COUNTY
THE ESG COMPREHENSIVE
AND APPRAISAL PM65AL AMENDMENTS NG THE
II. MONROE CONDITIONS COUNTY AND COMPREHENSIVE PLAN;TO ISSUES AND
CHANGES IN
/ �IIMI�III IIII@ �, IDCAIDINGFOR
SEVE D RECENT PROVI,TRENDS,IREPE L OF CHALLENGES;
I!IW A✓ II�+ 11 If .T��.7%�f ,/, tl M1 ,1.dki PROVIDING FOB SEVERABIHRY,PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE HAND PLANNING
AGENCY AND THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO
AND INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN;
PROVIDING FOR AN EFFECTIVE DATE(FILE 2G21-129)
FicifloWW us for a �to-t IS-rininute neWS ANORDINANCEBYMONROECOUNTY BOARD OFCOUNTY COMMISSIONERS
P ADOPTING AMENDMENTS TO THE MONROE COUNTY HAND DEVELOPMENT
CODE SECTION 1G2-57 NONCONFORMING STRUCTURES AND SECTION 131-
` 1 REQUIRED SETBACKS,AND SECTION 131-3 APPUfABIUTY OF REQUIRED
uI I axe n :a w,Arry Exl�rJc nE Ismonn owE�IrEiGUNIrsNro Gn naovE arsOF
FLGoo EVES
TO BEOUCETHERISK OFEITUREFIDOD DAMAGE BY PROVIDING STANDARDS,
r � »r1WA1"%)r"'M9yMp1fl ((��lflf ( ;p;OV/T Yd IGYf.k1 WAIVERS OR SEDUCTIONS TO CERTAIN SETBACK AND OPEN SPACE
IH REQUIREMENTS TO ALLOW FOR NECESSARY IMPROVEMENTS,INCLUDING
J t �I INGRESS AND EGRESS STRUCTURES AND STRUCTURES FOR MECHANICAL,
r a I
/ PENDING AND ELECTRICAL BILT SYSTEMS APPLIANCES AND COMPONENTS
�/
PROVIDING FOR SEVEBABNIY PROVIDING FOR BFPFAL OF CONFLICTING
"J// a/ PROVISIONS,PROVIDING SECS TAR OF TRANSMITTAL P O THE STATE HAND PLANNING
/ q' �CGBp%kKz k.'f C,R9yf06t6„"Ctl&CY„$��i-. AGENCY AND lHE SECRETARY OF STALE;PROVIDING FOR AMENDMFM TO
�nYnlow WNW C91'R AND INCORPORATION IN THE MONROE COUNTY HAND DEVELOPMENT CODE;
PROVIDING ToR AN EFFECTIVE DATE(FILE 2G21 131)
ro WW Pleesev st the Monroe County WAste at wwwmonroecountytlgovfor
meet ng agenda upd.t.and dormei on regal ng the oar ous opt ons
�i / eve labia to the publ a to v ew the Ill ul ndi to make publ a
ds n aria n agenda il
/ la" 0H rml I H dd)f my P yT te S,,ba,2300105 Flohda StaN@ I(P So—te appeal
y tl t the Boarb of County C t repect fo any
Mt m SIk)94V N(ww ds atl a[the r,',hAT 'n0h h ll—ak, of
W p� N p tl'0s r0 that e xerF AT pa x h y neetl m es to
ar;mvrwr vrvrsm ) p, IBg b a e or r�Floeeemn� ae h n eom memeee me
My,�„U��� WM8471 �p k,flmony&-de—upon which the a pp al'rob b tl
�U"� AOAASSISTANCE:lYyou are apermn wrM a diseWbfy why needs spiral
ecmmmodehons m Pater to panc�Ypete m MYs Xm ding,please
cod act the County Admanashetor's Olhce,by phoning(3051292-sNNIC
�a N, 3 H�a k1n &ysPfimewnmerasoe.M Saify wlJNAftnhe(S1cpSPr ,
T7fECIT17kN k aaewb.com earewerre memeanee mre;nreneeneaereer YeeYmparred,
r .,a eamnv„
Utility Board of the City of Key West
GE°TTHE
Customer Service Policy Manual NOTICE OF KEY LARGO PIRE RESCUE
AND EMERGENCY MEDICAL SERVICES
t` Utility 8 rtl of the—of Key West npprovatl changes
c m Bass E am,Sny sae cuecomar Baru as 022 manual DISTRICT MILEAGE ELECTION ON
tl 'g'[ r i meet ng hall on September t 2022.Al Keys
' Enargy sarwoae ooacomara are now aub7aac coma prov a one NOVEMBER S,2022
ofth.—i atlCoacomarsarvaaP i yin L
/ /l IN LOCA"(rT7S/jpf On November
. . .oaMcu t in 8 2022 the Key Largo 1
Rescue
t1YYu % cueomar sau as col y ma issue a
b1 m b c d Emergency Medical S District will
arh ps/ywwkysanar�c e sarvcpT y V t d L the t A 1 to increase
g 44
„ For more nformeron cad 295 1090. _ the mill age rate in order to coverfuture costs
of providing high-quality fire-rescue and emergency
j Wmedical services to the residents f Key Largo.
CITY OF MARATHON,FLORIDA The District Board of Commissioners Wishesto make
LISTYOUR NOTICE OF PUBLIC HEARINGS x L g t in t the Board d t o
to levy annual mdlage at the maximum rate permitted
LEGAL NOTICES! IT.Gly o—nF9annme cwmmisaiwnwm horn apubuo hmdrm on eemsl2—N IGIIlowon Mornay under the proposed increase and remains committed
oneberf/' to its longstanding policy of providing high quality
�..„ww ThwClry olMaralMn CRy Councilwlll holtl epubllo hmrlrg on Items 1,2,eM 36wlow on TuesdayNwember
'. u,2022 firefighting,rescue,and emergency medical services
IIf a. Fy in the most cost effective manner.The District has
»mom,me Gry may noYd me neanays nIy.P;easesm wwwtlmaramoaa�ro.me m�r�rodad adopted e operating Ian that contemplates
mro,maaoaw ronm.;ag mro,matroa. P five-year oP g P
395.292.7777 EXT.722 ITEMS FOR PUBLIC HEARING! a millage rate less than the proposed maximum of 2.00
1. Consmemllon ClARep oey Gwsld—per—la.—Ann<,.LLc.Fo—nale-Il use Pannit malls,however also understands the importance of
P T,ChloIr 1 D2—1.13m IT.Gly U MN,ah.nL tlD lop Reg fTh long term planning.The following is the official ballot
Cotl 1'iltl al IU OP '.A M"gTh D Ip C1 AT I2)B rys'(GJ UnI
M I'F DAH tlaul H gU L 111 WG Ov Ugh v.Wh'hL Leg IND r d
As el kEln 4.'And6H w vugPBA GF D Kwy,M .c lEF tl HavgRed INCREASED MAXIMUM MILEAGE
�y E Ill UUS'fbD UUUUW toos.M'I M rim 13.
AldVul ''. HA" 2. a m OIAReq evc v ca ',LTD tlms a , D ACondl nd— RATE PORKEY LARGO FIRE RESCUE
'# P P s T C Tl W,A 3C1Th lyC o.hon LanaD d p art R,,I.,ons(1. ANDEMERGENCY MEDICAL SERVICES:
IIIII I �,(( / Cotl JE'il tl Co tl" IU P A M"ng Thw Dwwlopmwnt Ol Bxry Four(bA)AHortlablw
H s,,gUnl L 1ISE PI D.Wn'hHI IN Dmodbetl AS Blook 7 Lo19 Coco Plum
I'. Ish PBa-66F D Kwy,M Co ty,Flortla.H.,,g Reel Eelatw N,mb DG3637W WGGGG. The Key Largo PICe$:EMS DIStI1Ct may not levy ad
Block 7 Lo111 antl Atllacwnl Camel Coco Plum Bmoh PBa-166 Fat Dmr Kw,Monrow County,Flortla.
��',,NIII Having Red srde Number o9s6szeo-0000W Antl elook7 Lon GAntlntlasml eand coon Pwm a,ash valorem taxes exceeding 1.00 mill without voter
"�IIUPPI ITYpk� P8a166Fa1D Kw Monrow Co 1y,Fb'o,H IngR ll Eela NumWrDG36371PDWGGD,Nwarmt approval The District seeks to increase its maximum
MI M Mar A.
f 3. co a io C ARe cos v co y,UD.F ACo tl"nd u P '.P an To mill age t t future costs of providing high
ul Illuuqlul eh p< De Ad' saTh evaM h L9ntlD p Regul fTh cod IE nletl quality fi d camergencyntedical servlcesto
III IIIIIIIIIII �1Np� co tl" du P 'AulM"gThD pm as ryyNAnommbH gu 1 mcalm the residents of Key
SbtlG Largo.
(IIIIIII IIII dual At ,set
B.ngng Ro-Plai of Lots'Antl bBl kb Coco Plult,B hPBA-16S.Monroe Couny,Fbrltle.
IIh.IIII®IIII Q�0 H 'gR dEstde Number g9sbsv' DDG W.N m MI M�'n. Shall themaximum mdlag. .t t the District be
d p v pp h publ,h gQ d b h m h w h p pm tl' .cogmrevised t 2.00 malls,to fund thecontinued provision
1h ppl lain 1 h Cry 1M h PIa '.up d BB'J-Ov sins Hgh
i ay.M h .nI tl M tl v h gh F tl v bet h I,o 1 cal tl'.GG p f fireand emergency medical services to Key
sh
P Sw' 286GI,F tl 5 .1 pw tl tl ppwd vd tl bythePlan Largo Yesidealts'
fl gC h Cry Co 'I 'h p v allroonstlwetlats hh g ng ono I,,n.tl rtl of ih p tl'g tit hp T h l pwrson may nwetl to that avwrbai m rmod
#1 1h.p Gng matle,such--ndutlmth.--onyantl-dar.uponl h-appwa'smW YES NO
r, U b m.
O ;rd IYraru ADAAs' —:Anyone nem'respend assmanoedlhe Plain ng comet sson orlYe cN counollhmdre This notice shall be published on
,� /w tluolo tl'sab'llry shoultl oonle�1ho Cry of Mamlhon d(sin)Ins UUss al lmsl Iwo tlays prorlhomlo.Ploaso 10 1 22;10 15 22;10 29 2LL
1w 1ha1 ono or mom Clry Counoll mwmbwrs may bw przswnt at IRAs mwming.
��caurere
d� Clerk of the Circuit Court Comptroller— Monroe County, Florida
oe�a1 .
November 14, 2022
Department of Slate
Administrative Code& Register
500 S Bronougli Street
Tallahassee F1,32399-0250
To«'lio►u 1l May Concern,
Allaclied is a copy of Ordinance No. 022-2022 adopting amendinenls to Monroe County
Land Development Code Section 102-57 (Nonconforming Structures), Section 131-1 (Required
Setbacks), acid Section 131-3 (Applicability of*Required Setbacks), to facilitate the elevation (Lifting
tTp) of'lawl`ully-existing residential dwelling units to or above base flood level to reduce the risk of
future flood damage by providing standards, waivers, or reductions to certain setback and open
space requirements to allow for necessary improvements, including structure ingress and egress for
imeclianical, plumbing, and electrical systems, appliances, and components; providing for
sevcrability; providing for repeal of'conflicting provisions; providing for transmittal to the Slate
Land Planning Agency and the Secretary of•State; providing for amendment to and incorporation
in the Monroe County Iand Development Code; prodding for an effective (late.
This Ordinance was adopted by the Monroe County Board of'County Commissioners at a
regular meeting, held in fonual session, on October 19, 2022. Should you have any questions
please feel free to contact me at (305) 292-3550.
espectfully Submitted,
Kevin Madok, CPA, Clerk of'
the Circuit Court & Comptroller&
ex-oIIicio to the Monroe County
Board of County Commissioners
bf:•Pau»ela G. HanCO(k, D.C
cc: Planning& Environmental
County Administrator
County Attorney
OCC
File
KEY WEST MARATHON PLANTATION KEY PK/ OTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FLORIDA DEPARTMENT" Of STATE"'
RON DESANTIS CORD BYRD
Governor Secretary of State
November 14, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela Hancock
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 022-2022, which was filed in this office on November
14, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270