Ordinance 026-2003
ORDINANCE NO. 026 -2003
AN ORDINANCE AMENDING SECTION 9.5-268 (EXISTING
RESIDENTIAL DWELLINGS), MONROE COUNTY CODE TO PERMIT
RESIDENTIAL STRUCTURES LEGALL Y ESTABLISHED BEFORE
JANUARY 4, 1996 TO BE CONSIDERED AS LEGAL RESIDENTIAL
STRUCTURES AND PERMIT IMPROVEMENTS TO THOSE
STRUCTURES; PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD
TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners recently
approved an ordinance amending Policy 101.4.23 of the Monroe County Year 2010
Comprehensive Plan; and
WHEREAS, the intention was to "grandfather" residential structures legally
established before January 4, 1996 and permit improvements to those structures; and
WHEREAS, the planning commission has approved the Comprehensive Plan
amendment; and
WHEREAS, the proposed amendment to Sec 9.5-268 of the Monroe County Land
Development Regulations enables the implementation of Policy 101.4.23 of the
Comprehensive Plan; and
WHEREAS, the Commission finds that there is a need to amend Sec. 9.5-268
[Existing Residential Dwellings]; and
WHEREAS, the Commission finds that the proposed change is consistent with
Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional
detail or comprehensiveness; and
WHEREAS, the proposed amendment was reviewed and approved at the
Development Review Committee meeting of February 10, 2003; and
WHEREAS, the proposed amendment was reviewed and approved at the April
9th, 2003 public hearing of the Planning Commission; and
WHEREAS, the proposed text amendment is consistent with the Monroe County
Year 2010 Comprehensive Plan; and
WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv)
New Issues and (v) Recognition of a need for additional detail or comprehensiveness;
and
Page 1 of 3
H:\Planning\Working Folders\Gross-Fred\9,5-268 Density\BOCC ORD .doc
WHEREAS, the Monroe County Board of County Commissioners examined the
proposed amendment to the Monroe County Code submitted by the Monroe County
Planning Department; and
WHEREAS, the Monroe County Board of County Commissioners held a required
public hearing on June 18, 2003; and
WHEREAS, the Monroe County Board of County Commissioners hereby supports
the decision of the Monroe County Planning Commission and the staff of the Monroe
County Planning Department; and
WHEREAS, it is the desire of the Monroe County Board of County Commissioners
that the following amendment to the County Code be approved, adopted and transmitted
to the state land-planning agency for approval.
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Chapter 9.5, Section 268 [Existing Residential Dwellings], MonroeCounty
Code, is hereby amended as follows:
Sec. 9.5-268. Existing residential dwellings.
Notwithstanding the provisions of sections 9.5-262 and 9.5-263, the owners of
land upon which a lawfully established dwelling unit or a mobile home, but not including
transient residential units exists shall be entitled to one (1) dwelling unit for each such
unit in existence. Such legally-established dwelling unit shall not be considered as a
non-conforming use.
(Ord. No. 33-1986, ~ 9-308)
Section 2. If any section, subsection, sentence, clause, item, change, or provision
of this ordinance is held invalid, the remainder of this ordinance shall
not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 4. The provisions of this ordinance shall be included and incorporated in
the Code of Ordinances of the County of Monroe, Florida, as an
addition or amendment thereto, and shall be appropriately renumbered
to conform to the uniform numbering system of the Code.
Section 5. This ordinance shall be filed in the Office of the Secretary of State of
Florida, but shall not become effective until a notice is issued by the
Page 2 of 3
H:\Planning\Working Folders\Gross-Fred\9.5-268 Density\BOCC ORD .doc
Department of Community Affairs or Administrative Commission
approving the ordinance.
Section 6. This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this
ordinance with the Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 18th day of June , A.D., 2003.
Mayor Dixie M. Spehar Yl"1=:
Mayor Pro T em Murray E. Nelson yes
Commissioner Charles "Sonny" McCoy yes
Commissioner George Neugent yes
Commissioner David Rice yes
,,>{~!;~::!l1f~~~'o' Board of County Commissioners
of Monroe County, Florida
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY BRANCH OFFICE
BRANCH OFFICE PLANTATION KEY
MARATHON SUB COURTHOUSE MONROE COUN1Y COURTHOUSE GOVERNMENT CENTER
3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET, SUITE 101 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 KEY WEST, FLORIDA 33040 PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 TEL. (305) 292-3550 TEL. (305) 852-7145
FAX (305) 289-1745 FAX (305) 295-3663 FAX (305) 852-7146
July 7, 2003
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 8085
Dear Mrs. Cloud,
Enclosed please find certified copies of the following Ordinances:
Ordinance No. 019-2003 amending Building and Construction, Section 6-27 (D)(2)
(Fees), Monroe County Code; providing for full exemption from Monroe County Permitting Fees
for Affordable Housing Construction Projects receiving county financial assistance; providing for
the repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; providing for severability; and providing for an effective date.
Ordinance No. 021-2003 prohibiting person from remaining upon Loop Road, Sugarloaf
Key, between sundown and sunrise; providing for posting of signs; providing for penalties for
violations; providing for severability.; providing for the repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Ordinance No. 022-2003 revising Sec. 6-56, definition of Aluminum Specialty Contractor
to include vinyl and plastic products and requiring licensure for the installation of canopy frames;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 023-2003 amending Sec. 6-90, Monroe County Code, Powers and Duties,
to provide for the imposition of enhanced fines for aiding and abetting unlicensed activities,
amending the assessment of Administrative Fees and renumbering of Subsections; providing for
severability; providing for the repeal of all Ordinances inconsistent herewith; providing for
incorporation into the Monroe County Code of Ordinances; and providing an effective date.
Ordinance No. 024-2003 amending Sec. 6-59(111) and 6-62, Monroe County Code,
regarding the testing agency, deleting Block & Associates and adding such examiner as
designated by the Contractors Examining Board; providing for severability; providing for the
repeal of all Ordinances inconsistent herewith; providing for incorporation into the Monroe
County Code of Ordinances; and providing an effective date.
Ordinance No. 025-2003 creating Section 9.5-120.6, Monroe County Code, providing for
a moratorium on the transfer of recreational vehicle spaces to hotel and motel units off-site;
providing for severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 026-2003 amending Section 9.5-268 (Existing Residential Dwellings),
Monroe County Code to permit residential structures legally established before January 4, 1996 to
be considered as legal residential structures and permit improvements to those structures;
providing for the severability; providing for the repeal of all Ordinances inconsistent herewith;
providing for the incorporation into the Monroe County Code; directing the Clerk of the Board to
forward a certified copy of this Ordinance to the Florida Department of Community Affairs; and
providing for an effective date.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on June 18,2003. Please file for record.
Should you have any questions please feel free to contact me at (305) 292-3550.
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: ~~
cc: Municipal Code - under separate cover
Growth Management - Res. Nos. 019, 022, 023,024,025 & 026
County Administrator w/o documents
Public Works - Res. No. 021
County Attorney
BOCC
File
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
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item 4 if Restricted Delivery is desired. �J 'PENTOI:►Agent
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or on the front if space permits. - t
D. Is delivery address different from item 1? El Yes
1. Article Addressed to: If YES,enter delivery address below: - ❑ No
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250 3. Service Type . •
Eertified Mail ❑ Express Mail
(Ord.019,021,022,023,024,025 & ❑ Registered ❑ Return Receipt for Merchandise
026) ❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
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PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540
U.S. Postal Service-rM
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(Domestic Mail Only;No Insurance Coverage Provided)
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STATE OF FLORIDA
DEPARTMENT OF STATE
JEB BUSH GLENDA E. HOOD
Governor Secretary of State
July 10, 2003
Honorable Danny L. Kolhage
Clerk ofthe Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated July 7, 2003 and certified copies of Monroe County
Ordinance Nos. 019-2003 and 021-2003 through 026-2003, which were filed in this
office on July 9,2003.
Sincerely,
~~~~aJ~
Sarah Jane Bradshaw
Assistant Director
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BUREAU OF ADMINISTRATIVE CODE . DIVISION OF ELECTIONS
The Collins Building, Room L43 . 107 W. Gaines Street. Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 . Facsimile: (850) 245-6282 . WWW: http://www.dos.state.tl.us
E-Mail: DivElections@mail.dos.state.fl.us
<-
DCA Final Order No.: DCA03-0R-254
.
STATE OF FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT I';) -"
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REGULATIONS ADOPTED BY 0 0 ~ --
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MONROE COUNTY ORDINANCE NO. 026-2003 ;::c"..,Z
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The Department of Community Affairs (the "Department") hereby issues its Final O:rirer, ::~
pursuant to SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002), approving a
land development regulation adopted by a local government within the Florida Keys Area of
Critical State Concern as set forth below.
FINDINGS OF FACT
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On July 17,2003, the Department received for review Monroe County Ordinance No.
026-2003 which was adopted by the Monroe County Board of County Commissioners on June
18,2003 ("Ord. 026-2003"). The purpose ofOrd. 026-2003 is to amend Section 9.5-268,
Existing Residential Dwellings, to permit residential structures legally established before January
4, 1996 to be considered legal residential structures and to permit improvements to those
structures.
3. Ord. 026-2003 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. SS 380.05(6) and (11), Fla. Stat., and S 380.0552(9), Fla. Stat. (2002).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. S 380.0552, Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
]
.
DCA Final Order No.: DCA03-0R-254
.
Admin. Code.
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. S 380.031 (8), Fla. Stat. (2002). The
regulations adopted by Ord. 026-2003 are land development regulations.
7. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in S 380.0552(7), Fla. Stat. See Rathkamp v. Department of
Community Affairs, 21 F.A.L.R. 1902 (Dec. 4,1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA
1999). The Principles are construed as a whole and no specific provision is construed or applied
in isolation from the other provisions.
8. Ord. 026-2003 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(d) To ensure the maximum well-being of the Florida Keys and its
citizens through sound economic development.
(e) To limit the adverse impacts of development on the quality of
water throughout the Florida Keys.
(I) To protect the public health, safety, and welfare of the citizens
of the Florida Keys and maintain the Florida Keys as a unique
Florida resource.
9. Ord. 026-2003 is not inconsistent with the remaining Principles_ Ord. 026-2003 is
consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 026-2003 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative Weekly
2
DCA Final Order No.: DCA03-0R-254
unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
./~ ,1(
C ES GAUTHI R, ACTING DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED ISSUE
OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN THE
ADMINISTRA TIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28-106, PARTS I AND III, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAYBE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MA Y EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRA TIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106, PARTS I AND II, FLORIDA
ADMINISTRA TIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENT A TIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTT AL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS,
AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
3
DCA Final Order No.: DCA03-0R-254
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY THE AGENCY
CLERK, IN THE DEPARTMENT'S OFFICE OF GENERAL COUNSEL, 2555 SHUMARD
OAK BOULEV ARD, TALLAHASSEE, FLORIDA 32399-2100.
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28-106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH
THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL
ORDER.
CERTIFICA TE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true ~rrect copies have been furnished
to the persons listed below by the method indicated this ay of September 2003.
~-Uc-~(Y-'
tJr- Paula Ford, Agency Clerk
Bv U.S. Mail:
Honorable Dixie Spehar
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
4
DCA Final Order No.: DCA03-0R-254
1
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Jim Quinn, Bureau of State Planning, DCA Tallahassee
Rebecca Jetton, DCA Florida Keys Field Office
David Jordan, Deputy General Counsel, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
5
Page 1 of2
Belle Desantis
From: <info@municode.com>
To: <idesantis@monroe-clerk.com>
Sent: Monday, November 17,20034:19 PM
Subject: Acknowledgment of material received
~.~com Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316-2235
850-576-3171
Monroe County, FL Code of
Ordinances - 1979(11270)
Supplement 82
Recorded: 8/28/2003 12:32:14 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance 7/15/2003 Amending The Provisions of Wastewater
No. 027- Services and Facilities in Monroe County,
2003 Florida.
Ordinance 7/15/2003 Creating Sections 15.5-33 through 15.5-38,
No. 028- in order to provide for a Uniform Wastewater
2003 Connection Policy for Unincorporated Area
within Monroe County.
Ordinance 8/20/2003 Amending sec. 13.5-5(0) park hours
No. 032-
2003
Ordinance 8/20/2003 Amending chap. 5.5 boats, docks and
No. 033- waterways
2003
Ordinance 6/18/2003 Amending Sec. 9.5-268(Existing Residential
No. 026- Dwellings)to permit residential structures
2003 legally established before January 4, 1996 to
be considered as legal residential structures.
Ordinance 7/15/2003 Amending Land Development Regulations,
No. 031- Sec. 9.5-252(C)(3)h, (AICUZ) and creating
11/18/2003