Ordinance 029-2022 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 029-2022
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
12 LAND DEVELOPMENT CODE SECTION 131-2, MAXIMUM HEIGHT,
13 TO AMEND THE HEIGHT LIMIT TO 40 FEET,AFTER THE ADOPTION
14 AND ON THE EFFECTIVE DATE OF UPDATED FEMA FLOOD
15 INSURANCE RATE MAPS (FIRMs), FOR LAWFULLY ESTABLISHED
16 EXISTING RESIDENTIAL BUILDINGS AND NEW RESIDENTIAL
17 BUILDINGS (INCLUDES SUBSTANTIAL IMPROVEMENTS) IN ORDER
18 FOR THESE BUILDINGS TO ELEVATE TO OR MAINTAIN THE
19 REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODE
20 AND UPDATED FEMA FIRMs; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
23 AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
24 AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY
25 LAND DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE
26 DATE.
27
28
29 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
30 Comprehensive Plan and Land Development Code are to maintain public health, safety, and
31 welfare of the citizens of the Florida Keys and to strengthen our local government capability to
32 manage land use and development; and
33
34 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
35 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
36 health, safety, and welfare of the County's citizens; and
37
38 WHEREAS, the Federal Emergency Management Agency ("FEMA") has identified
39 special flood hazard areas within the boundaries of unincorporated Monroe County and such areas
40 may be subject to periodic inundation which may result in loss of life and property, health and
41 safety hazards, disruption of commerce and governmental services, extraordinary public
42 expenditures for flood protection and relief, and impairment of the tax base, all of which adversely
43 affect the public health, safety and general welfare, and
44
45 WHEREAS, the Monroe County was accepted for participation in the National Flood
46 Insurance Program ("NFIP") on June 15, 1973 and the Monroe County Board of County
47 Commissioners desires to continue to meet the requirements of Title 44 Code of Federal
I Regulations, Sections 59 and 60, necessary for such participation; and
2
3 WHEREAS, the NFIP is a federally-subsidized flood damage insurance program
4 administered by FEMA, enabling property owners in participating communities to purchase flood
5 insurance in exchange for the community's adoption of floodplain management regulations to
6 reduce future flood damages; and
7
8 WHEREAS,the participating communities floodplain management regulations must meet
9 or exceed the minimum administrative and technical requirements in the NFIP regulations (44
10 CFR Part 59 and Part 60); and
11
12 WHEREAS, on December 27, 2019, FEMA issued Preliminary Flood Insurance Rate
13 Maps ("FIRMs") and a Flood Insurance Study ("FIS")report for Monroe County, Florida; and
14
15 WHEREAS, Monroe County submitted its appeal of the preliminary FEMA FIRMS and
16 Flood Insurance Study on June 11, 2021; and
17
18 WHEREAS, once FEMA reviews and processes all appeals,the agency will issue a Letter
19 of Final Determination ("LFD") and publish the final FIRMS; and
20
21 WHEREAS,Monroe County is proposing amendments to increase the height limit in order
22 to further facilitate the protection of property from flooding, reduce or avoid future flood losses,
23 reduce the costs of post flood damage repairs, facilitate recovery after flooding events and reduce
24 flood insurance costs; and
25
26 WHEREAS, the amendment is based on and will be triggered by the adoption and
27 effective date of updated FEMA Flood Insurance Rate Maps;which are the updated FEMA FIRMS
28 adopted subsequent to FEMA Flood Insurance study and the accompanying FIRMS, dated
29 February 18, 2005 (i.e., the current FIRMS); and
30
31 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
32 considered the proposed amendments at a regularly scheduled meeting held on February 22,2022;
33 and
34
35 WHEREAS, on March 23, 2022, the Monroe County Planning Commission ("Planning
36 Commission") held a public hearing for the purpose of considering the proposed amendment and
37 provided for public comment; and
38
39 WHEREAS, the Planning Commission adopted Planning Commission Resolution No.
40 P13-22, recommending approval; and
41
42 WHEREAS,on November 15,2022,the Monroe County Board of County Commissioners
43 ("BOCC", "Board", "Monroe County", or the "County") held a public hearing to consider
44 adoption of the proposed Land Development Code text amendment, considered the professional
45 staff report, and provided for public comment and public participation in accordance with the
I requirements of state law and the procedures adopted for public participation in the planning
2 process; and
3
4 WHEREAS, based upon the documentation submitted and information provided in the
5 accompanying staff report, the Monroe County Board of County Commissioners makes the
6 following factual and legal determinations:
7
8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 2030 Monroe County Comprehensive Plan; and
10 2. The proposed amendment is consistent with the Principles for Guiding Development
11 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
12 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute; and
13 4. The proposed amendment is necessary due to new issues and the need for additional
14 detail or comprehensiveness, as required by Section 102-158 of the Monroe County
15 Code.
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
18 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
19
20 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact, and
21 statements of legislative intent are true and correct and are hereby incorporated as if fully stated
22 herein.
23
24 Section 2. The text of the Land Development Code is amended as shown and stated herein.
25 Proposed Amendments are shown with deletions st+ieke*�hr-eet4 and additions are underlined.
26
27 Sec. 131-2. Maximum Height.
28 No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions
29 will be allowed for chimneys; spires and/or steeples on structures used for institutional and/or
30 public uses only; radio and/or television antenna; flagpoles; solar apparatus; utility poles and/or
31 transmission towers; and certain antenna supporting structures with attached antenna and/or
32 collocations as permitted in chapter 146. Exceptions will be allowed for flood protection as
33 specifically permitted in Policies 101.5.32 and 101.5.33, and within Ocean Reef as provided in
34 Comprehensive Plan Policy 101.5.31 and restated in subsection (a) below. However, in no event
35 shall any of the exclusions enumerated in this section be construed to permit any habitable or
36 usable space to exceed the maximum height limitation, except as specifically permitted in Policies
37 101.5.31, 101.5.32 and 101.5.33. In the case of airport districts,the height limitations there in shall
38 be absolute and the exclusions enumerated in this section shall not apply.
39 (a) Within the Ocean Reef master planned community which is gated, isolated and
40 inaccessible to the surrounding community, and has a distinct community character,
41 buildings may include non-habitable architectural decorative features (such as finials,
42 railings,widow's walk,parapets)that exceed the 35-foot height limit in Policy 101.5.30,
43 but such features shall not exceed 5 feet above the building's roof-line. This exception
44 shall not result in a building together with any architectural decorative feature with a
45 height that would exceed 40 feet.
I In addition, within the Ocean Reef gated master planned community, upon evidence
2 submitted that the proposed building height has been approved by the master association,
3 Ocean Reef Community Association Inc., pursuant to its building regulations and
4 restrictions,buildings containing multifamily residential,transient,and/or nonresidential
5 uses may be developed or redeveloped to a total maximum building height of 60 feet,
6 provided the buildings are limited to four habitable floors. Such development on
7 property owned by Ocean Reef Club, Inc. shall not be required to provide evidence it
8 has been approved by the master association, based on its exemption from master
9 association review under the Ocean Reef gated master planned community's governing
10 documents.
11 (b) As provided in Policy 101.5.32, buildings voluntarily elevated to meet or exceed the
12 FEMA Base Flood Elevation (BFE) may exceed the 35-foot height limit as follows:
13 (1) For NEW single family (detached dwelling unit) and multi-family (attached
14 dwelling unit) buildings which are voluntarily elevated to exceed the building's
15 minimum required BFE, an exception of a maximum of three (3)feet above the 35-
16 foot height limit may be permitted. The amount of the height exception shall be no
17 greater than the amount of voluntary elevation above BFE. In no event shall a new
18 building exceed 38 feet in height or two (2) habitable floors. The space below the
19 lowest habitable floor of an elevated structure shall be limited to a maximum of 299
20 square feet of enclosed floor area and shall be used exclusively for parking of
21 vehicles, elevators, limited storage and/or building access purposes. This exception
22 shall apply to the substantial improvement of buildings, whether voluntary or not.
23 (2) For lawfully established EXISTING (detached and attached dwelling unit)
24 buildings which do not exceed the 35-foot height limit and are voluntarily
25 retrofitted to meet and/or exceed the building's minimum required BFE, an
26 exception of a maximum of five (5) feet above the 35-foot height limit may be
27 permitted. The amount of the height exception shall be no greater than the distance
28 necessary to elevate the building to meet BFE plus up to three (3) feet of voluntary
29 elevation above BFE. In no event shall an existing building be elevated to exceed a
30 total building height of 40 feet.
31 (3) No exception shall result in a total building height that exceeds 40 feet.
32 (4) Buildings not being elevated to at least meet the required FEMA BFE are not
33 eligible for this exception.
34 (c) As provided in Policy 101.5.32, after the adoption and on the effective date of updated
35 FEMA Flood Insurance Rate Maps (FIRMS), residential buildings elevated to meet or
36 exceed the FEMA Base Flood Elevation (BFE) may exceed the 35-foot height limit as
37 follows:
38 (1) Lawfully established existing residential buildings and new residential buildings
39 (includes substantial improvements)located within the Special Flood Hazard Area,
40 shall have a maximum height limit of 40 feet in order to elevate to or maintain the
41 required elevation based on the Florida Building Code, as specified in R322.2.1
42 and R322.3.2 (elevation requirements).
43 a. In no event shall anew residential building exceed 40 feet in heir
44 b. Additions to lawfully established existing residential buildings that are
45 substantial improvements shall have a maximum height limit of 40 feet in order
46 to elevate the addition to the Florida BuildiLg Code required flood elevation.
I c. Additions to lawfully established existing residential buildings that are not
2 substantial improvements shall have a maximum height limit of 40 feet, if the
3 addition meets the Florida Building Code flood elevation requirements in
4 R322.2.1 and R322.3.2, the remaining lawfully established existing building
5 shall not receive the flood height exception of 40 feet.
6 d. Any portion of the building that meets the required flood elevation of the
7 updated FEMA FIRMS shall be given a height limit of 40 feet.
8 (2) The updated FEMA Flood Insurance Rate Maps are the maps adopted subsequent to
9 FEMA Flood Insurance study and the accompanying Flood Insurance Rate Maps,
10 dated February 18, 2005.
11 (3) The total building height shall not exceed 40 feet. Buildings not elevated to or
12 maintaining the required elevation based on the Florida Building Code, are not
13 eligible to use the height limit within this subsection.
14 (ds) As provided in Policy 101.5.33, lawfully established EXISTING multi-family (attached
15 dwelling unit) buildings which exceed the 35-foot height limit may be repaired,
16 improved, redeveloped and/or elevated to meet the required FEMA BFE provided the
17 building does not exceed a total maximum building height of 40 feet, and the building is
18 limited to the existing lawfully established intensity, floor area,building envelope (floor
19 to floor height), density and type of use. A Flood Protection Height Exception of a
20 maximum of five (5) feet may be permitted to meet the building's minimum required
21 FEMA BFE. The amount of the exception shall be no greater than the amount of
22 elevation necessary to meet BFE. Buildings not being elevated to at least meet the
23 required FEMA BFE are not eligible for this exception.
24 (ed) As provided in Policy 101.5.33, for lawfully established EXISTING multi-family
25 (attached dwelling unit) buildings which exceed the 35-foot height limit that are
26 proposed to exceed a total height of 40 feet, a public hearing before the Planning
27 Commission and Board of County Commissioners to review and specify the maximum
28 approved height shall be required prior to issuance of any county permit or development
29 approval. The Planning Commission shall provide a recommendation to the BOCC on
30 the maximum height of a building. The BOCC shall adopt a resolution specifying the
31 maximum approved height.
32 (1) For lawfully established EXISTING multi-family (attached dwelling unit)
33 buildings that are voluntarily repaired, improved, redeveloped and/or elevated to
34 meet the building's minimum required FEMA BFE, but will require a height
35 exception of more than five(5)feet,a Flood Protection Height Exception exceeding
36 the 35-foot height limit may be provided by the BOCC based on the following
37 criteria:
38 a. The flood zone of the parcel;
39 b. The number of dwelling units lawfully established and an analysis of the
40 number of dwelling units which may not be able to redevelop on the subject
41 parcel without a height exception;
42 c. The physical characteristics of the existing building and parcel;
43 d. The susceptibility of the existing building and its contents to flood damage and
44 the effects of such damage on the property owner;
45 e. The possibility that materials from the existing building may be swept onto
46 other lands to the injury of others;
I f. The availability of alternate solutions;
2 g. If the new proposed building height will result in increased flood risk; result
3 in additional threats to public safety; result in extraordinary public expense;
4 create nuisance; or cause fraud on or victimization of the public; and
5 h. Community character.
6 i. Buildings not being elevated to at least meet the required FEMA BFE are not
7 eligible for this exception.
8 (2) A BOCC resolution shall specify the findings of criteria of (d)(1) a. through i.
9 (above) and specify the approved maximum total height for the proposed building.
10
11 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
12 be liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s)
13 and policy(ies)of the County. The construction and interpretation of this Ordinance and all Monroe
14 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
15 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
16 connection with this Ordinance shall be liberally construed and enforced in favor of Monroe
17 County to effectuate its public purpose(s), objective(s), and policy(ies) of the County, and shall be
18 construed in favor of the Board of County Commissioners of Monroe County, Florida, and such
19 construction and interpretation shall be entitled to great weight in adversarial administrative
20 proceedings, at trial, bankruptcy, and on appeal.
21
22 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
23 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
24 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
25 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
26 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
27 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
28 continue unimpaired in full force and effect.
29
30 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
31 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
32 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
33 repealed thereby.
34
35 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
36 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
37 and intent of the particular paragraph or text to which they refer.
38
39 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
40 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
41
42 Section 8 Filing. This ordinance shall be filed in the Office of the Secretary of the State of
43 Florida but shall not become effective until a final order is issued according to F.S. 380.05(6) by
44 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
45 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
46 Chapter 120.
1
2 Section 9.Inclusion in the Monroe County Code.The provisions of this Ordinance shall
3 be included and incorporated in the Land Development Code of the County of Monroe, Florida,
4 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
5 uniform marking system of the Code.
6
7 Section 10. Effective Date.This ordinance shall become effective as provided by law and
8 stated above.
9
10 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
11 Florida, at a regular meeting held on November 15, 2022.
12
13 Mayor Craig Cates Yes
14 Mayor Pro Tern Holly Merrill Raschein Yes
15 Commissioner Michelle Lincoln Yes
16 Commissioner James K. Scholl Yes
17 Commissioner David Rice Yes
18
1 IY .r`s4, BOARD OF COUNTY COMMISSIONERS
•? �' OF MONROE COUNTY, FLORIDA
A(02* FsA c'k
Vie
W B/
= +t Mayor aig Cates
`F�' tip-'. v" :fi 5�
2 "M='• VIN MADOK, CLERK MONROE CO ATTORNEY
26 APP TO FORM
27 kit
28 AS D PUTYLR.I; PE
TER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 11/1/22
aJ
f t
(NI -_
c� ...
L�
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: 3868211
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Melinda Prescott ,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 29,2022
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 3rd day of November 2022
(Notary Public Signature)
Laura M Robins
(Notary Public Printed Name)
My commission expires 9/26/2026
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
yw ��1�'tryio7rrm ilr�sGv�zn M�"hk�GI���GM i
ttWi d ni�us2SPtz2t'
KEYS CiITIZEN♦WEEKEND EDITION,OCTOEER 2g30,2022 11A
;'oPaFnAgBANT,OF THE FECR
�i IIII' i" rYs p
„r �IIII
- GETTHE
Blackouts ` LATEST
EDITION
worsen in
Ukraine; `kool
1 I11) Kll�Y 5
fighting
rages on
many fronts MONROE COUNTY BOARD OF COUNTY COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE
BY AN DREW MELDRUM OF PUBLIC HEARING
The Associated Press NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN
K)EE LIKED——Relcutleee NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE
Russian amtrk,uu energy hO,
tinctnro pmmnted Ukrainian NOTICE OF CHANGE TO MONROE COUNTY CODE OF ORDINANCES
unnutcltr en iug bl to an- NOTICE OF CHANGE TO MONROE COUNTY FUTURE LAND USE MAP
nor nrs ung blackouts
.,,fth K uvnun largerun NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING)MAP
ie,wh}h KbAJ,mayor wamh,g
that the capital's power grid is
king in"eme,gen,mud V NOVEMBER 15,2022
"it"
energy localie,down a,-
uch as 50%Emm pre-war NOTICE IS HEREBY GIVEN that 11 Tuesday,November 15,2022,the Monroe County Board of C=Commissioners will hold a Public Meeting,beginning at 09:00 AM.The BOCC
levels'. meeting will be held i,hybrid fo00at,allowing the public to attend eithervi a Zoom Webinaro ,person.The inl,e rs Or meeting will be held at the Harvey Govemmen t Center located at
Meanwhile, the Rus,iau 1200 Tmma0A...Key West,FL 33040.Thefollowing items will be c,,,id,,d at the PUBLIC HEARING:
PUBLIC HEARINGS:09:00 AM(m as soon thereafter as may be heard):
president sough[to dispel
r:ritir:istn of a chaotic r:all-up of ANORDINANCE BYMONROE COUNTYBOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LANDDEVELOPMENT CODE AMENDING SECTION101-
300,000 a,e i",fur,ernice in 1 DEFINITIONS'TO UPDATE FLOODPLAIN MANAGEMENT DEFINITIONS'TO REPEAL AND REENACT CHAPTER 122 FLOODPLAIN MANAGEMENT'TO ADOPT AN UPDATED CHAPTER
Ukraine to dery tu,defense 122 FLOODP LAIN MANAGEMENT TO BE CONSISTENT WITH THE FLORI DA DIVISION OF EMERGENCY MANAGEMENT,BUREAU OF MITIGATION,STATE FLOODP LAIN MANAGEMENT
OFFICE'S MODEL FLOODPLAIN MANAGEMENT ORDINANCE WHICH IS WRITTEN TO EXPLICITLY RELY ON AND BE COORDINATED WITH THE FLOOD PROVISIONS IN THE FLORIDA
ouln r to make sure the)/re BUILDING CODE,MEETING THE NATIONAL FLOOD INSURANCE PROGRAM(NFIP)REQUIREMENTS AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013,
Donner)trained and equipped INCLUDING DESIGNATING AF LOODPLAIN ADMINISTRATOR,ADOPTING PROCEDURES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS,AND FOR OTHER PURPOSES
Eurbattle PROVIDING FOR SEVELABILITY,PROVIDING FOR APPLICABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND
In tlheK, ter PLANNING AGENCY AND THE SECRETARY O F STATE,P ROVI DING FO R AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND DEVELO PMENT CODE,PROVI DING FOR
§ egion,as vein AN EFFECTIVE DATE(FILE 2019-093)
lou s the later damage to
u0lities would mean rota es AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND DEVELOPMENT CODE SECTION 138-25
uEEuururmurehon"achy,ac- APPLICATI ON PROCEDURES FOR RESIDENTIAL ROGO,SECTION 138-21 EVALUATION CRITERIA(LOGO)SECTION 13852 APPLICATION PROCEDURES FOR NROGO,AND SECTION
carding to Dkrenerga tlhe 4rte 13855 EVALUATION CRITERIA(NROGO),TO REQ UI RE UPDATED SCO RES BASED ON THE UPDATED FEMAFLOOD INSURANCE RATE MAPSAND TO REQUIRE PLAN REVISIONS PRIOR
TO PERMIT ISSUANCE DEMONSTRATING FULL COMPLIANCE WITH THE CURRENT FLORIDA BUILDING CODE AND THE UPDATED FEMA FLOOD INSURE,CE RATE MAPS FOR PERMITS
up—tur uE LERah,b,tul REQUIRING A LOGO OR PROOF ALLOCATION,PROVIDINGFORSEVELABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THE STATE
age han,'mi,,iun tines'. LAN D P LAPIN I NG AGENCY AN D T HE SEC LETALY OF STATE,P ROVI D I NG FO R AMEN DMENT TO AN D INC O RPO EVIL ON IN THE MON ROE C O UNTY LAN D DEVE TO PMENT CO DE,P ROVI DING
But
Guv.Olek,i)Kuleba FORANEFFECTIVE DATE.(FILE2019094)
h,,mad"mure,r'\•cD,and lun AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO THE 2030 MONROE COUNTY COMPREHENSIVE PLAN POLICY 101.5.32
uT hutd—,mll be applied TO AMEND THE HEIGHT LIMIT TO OFT,AFTER THE ADOPTION AND ON THE EFFECTIVE DATE OF UPDATED FEMA FLOOD INSURANCE RATE MAPS,FOR LAWFULLY ESTABLISHED
in the cumh,g lose:" EXISTING RESIDENTIAL B U ILDINGS AND NEW RESIDENTIAL BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)IN ORDER FOR THESE BUILDINGS TO ELEVATE TO OR MAINTAIN
KOdv Maur Vltali l�t,thko THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE MAPS,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEAL
said the dE',,power grid was' OF CONFLICTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND
INCORPORATION IN THE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAN EFFECTIVE DATE.(FILE 2019-095)
uperaling in"emergenq mcdcT'
and added he hoped Uk,aTgn AN ORDI NAN CE BY MONK BE COUNTY BOARD OF COU KEY COMMISSIONERS ADOPTING AME NDMENTS TO MONRO E COUNTY LAND DEVELOPMENT CODE SECTIO N 131-2 MAXIMUM
would find ways to address the HEIGHT,TOAMEND THE HEIGHT LIMITTO 40FT,AFTER THEADOPTIONAND ON THE EFFECTIVE DATE OF UPDATED FEMAFLOOD INSURANCE RATE MAPS,FORLAWFULLV ESTABLISHED
,hurt: M'tu Baer eek," EXISTING RESIDENTIAL BUILDINGS AND NEW RES IDEPHIAt BUILDINGS(INCLUDES SUBSTANTIAL IMPROVEMENTS)INORDERFORTHESE BUILDINGS TO ELEVATE TO OR MAINTAIN
�e Q1 THE REQUIRED ELEVATION BASED ON THE FLORIDA BUILDING CODEAND UPDATED FEMAFLOOD INSURANCE RATE NIAPS,PROVIDING FOR SEVERABILIN,PROVIDING FOR REPEAL
The Eurmer boxing world OF CONFLI CTING PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR AMENDMENT TO AND
champion also said I,—air de- INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT CODE,PROVIDING FORAN EFFECTIVE DATE(FILE 2019096)
Een,e cl,ipment has-been d,
played in the Ukoornau capital AN ORDINANCE BY MONROECOUNTYBOARD OF CO UNITY COMMISSIONERSADOPTINGAMENDMENTSTOTHE MONROE COUNTYCODE OF ORDINANCES CHAPTER 6-BUILDINGSAND
CONSTRUCTION ARTICLE II-BUILD ING CODE,AMENDMENTSARE PROPOSED TO UPDATE THE PURPOSEAND SCOPE,ADD DEFINITIONS ADDRESS THE ADMINISTRATION OF THE
to help defend agah,tRu„ion BUILDING DEPARTMENT INCLUDING THE BUILDING O FF ICI
ALS AUTHORITY AN D DUTIES(INCLUD ING THE PROVI SIGNS OF C H.122 OF THE MONROE COUNTY LAND DEVELO PMENT
drone and mocha attack,un CODE(PART I I OF THIS CODE)AS THE DES IODATE D FLOODPLAIN ADMINISTRATOR),U PDATE THE REFERENCES TO THE LECH RELENTS OF THE F LORI DA B UI LDING CO DE',AND FOR
ouTIE fit itu .. CLARIFICATION AND OTHER P URPOSES,TO ADOPT TECHNICAL AMEN EVENTS TO THE FLORIDA BU ILD ING CO DE',PROVIDING FOR AP PLICAB ILITY,PROVIDING FOR SEVERABI LITY,
In the zakiv region,home PROVI DING FOR RE PEAL OF CONE LICTING P ROVISIONS,PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE CO UNTY CODE OF O RDINANCES,PROVI DING FOR
T RWVSMITTAL TO THE DEPARTMENT OF STATE AND FOR AN EFFECTIVE DATE.
to Dkrainb,bOrund-larger city
uE the same name,Guv.I ANORDINANCE BYTHE MONROE COUNTYBOARD OF COUNTY COMMISSIONERS AMENDING THE 2030 MONROE CO UNTY COMPREHENSIVE PLANASASMALL SCALE COMPREHENSIVE
S)auehabu,s'aiddail)cne-hour PLANAMENDMENT PURSUANFLO SECTION 163318Z,FLORIDA STATUTES,AM ENDING POLICY1071.7COCO PALMSAFFORDABLE HOUSING SUBAREATO INCREASE THE MAXIMUM
power outage,vvuld begin NET DENSITYAND TOMO D RYTHE PERMITTEDAS-OFRIGHT USESAND CONDITIONAL USES FOR PROPERTY LOCATEDAT21585 OLDSTATE ROAD 4A,CUDJOE KEY,HAVING PARCEL
IDENTIFICATION NUMBER 00174960 000000,AS PROPOSED BY SMITH HAWKS,PIT ON BEHALF OF MOBILE HOMES HOLDINGS COCO,LLC,AND TO ACCOM PANYA PROPOSED
Monday AMENDMENT TO THE FUTURE LAND USE MAP(FLUM)FROM MIXED USE/COMMERCIAL(MC)TO RESIDENTIAL H IGH(LH),PROVIDING FOR SEVERABILITY,P ROVIDING FOR REPEAL
Officials across the country OF CONFLICTING PROVISIONS,PROVIDING FOR INCLUSION IN THE 2030 MONROE COUNTY COMPREHENSIVE PLAN',PROVIDING FORAN EFFECTIVE DATE(FILE 2022084)
have urged people to t -
,r.rve by reduung electzidE ANORDINANCE THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMEND ING THE MONROE COUNTY FUTURE LAND USE MAP ASA SMALL SCALE COMPREHENSIVE
PLAN AMENDMENT PURSUANT TO SECTION 163 318Z,FLORIDASTATUTES,FROM MIXED USE COMMERCIAL(MC)TO RESIDENTIAL HIGH(HIT)FOR PROPERTY LOCATED AT 21585
,sumptiun during peak OLD STATE ROAD,CU DJOE KEY,MILE MARKER21 LEGALLY DESCRIBED AS LOT 30 SACARMA,A SUBDIVISION OF GOVERNMENT LOTS 3AN D4INSECTION29,TOWNSHIP66S O UTH,
hours and avoiding BE,use uE RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORI DA,HAVING PARCEL IDENTIFICATION NUMBE R 00174 960-000000,AS PROPOSED BY MOBI LE HOMES HOLD INGS
high�ultageapphance, COCO,LLC,CONTINGENT ONADOPTION AND EFFECTIVENESS OFAMENDMENTS TO COMPREHENSIVE PLAN POLICY 10Z1 F TO INCREASE THE MAXIMUM NET DENSITYAND TO
Ukrainian Pre,iden[ MODIFY THE PERMITTEDAS OF RIGHT USESAND CONDITIONAL USES ON THE SUBJECT PROPERTY,PROVIDING FORSEVERABILITY,PROVIDING FOR REPEALOF CONFLICTING
PROVISIONS,PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE,PROVIDING FOR INCLUSION IN THE MONROE COUNTY
Vuludimt)2 Zelen,k))aid let COMPREHENSIVE PLAN AND FORAM EDEPEND TO THE FUTURE LAND USE MAP',PROVIDING FORAN EFFECTIVE DATE(FILE 2022-085)SEE 11 below
weekthat30Y6ufLERah,b,puw-
IT totlun, ra had bn dc-,,d AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MO N ROE COUNTY LAND USE DISTRICT(ZONING)MAP FROM SUBURBAN
rice Russia launched the first COMMERCIAL(SC)To URBAN RESIDENTIAL(UR),FOR PROPERTY LOCATEDAT21585 OLD STATE ROAD,CUDJOE KEY,MILE NIARKER21 LEGALLY DESCRIBED AS LOT30 SACARMA,
ASUBDIVISION OF GOVERNMENT LOTS BAND 4IN SECTION 29,TOWNSHIP 66 SOUTH,RANGE 28 EAST(PLAT BOOK 2,PAGE 48),MONROE COUNTY,FLORIDA,HAVING PARCEL
e uE rrrrgeted infix tincture IDENTIFICATION NUM BER00174960-000000,AS PROPOSED BY MOBILE HOMESHOLDINGS COCO,LLC,CONTINGENT ON ADOPTION AND EFFECTIVENESS OF AMENDMENTS TO
,nike,un Oct to, COM PRE HENS VE PLAN POLICY 10717 TO INCREASE THE MAXIMUM NET DENSITY AND TO MO CRY THE PERMITTED AS-OF RIGHT USES AND CONDITIONAL USES ON THE SUBJECT
In Mu,cuw, Ru„ian PROPERTY,PROVI DING FOR SEVERAB ILITY,PROVIDINGFOR REPEALOF CONFLICTING PROVISIONS,PROVIDING FORTRWVSMITTALTO THESTATE LAND PLANNING AGENCY AND
President Vladimk Part tuld T HE SECRETARYOF STATE,PROVIDING FOR AMENDMENT TO THE LAND USE DISTRICT(ZONING)MAP,PROVIDING FORANEFFECTIVE DATE.
(FILE 2022-086)See Map 2 below
Defense Muster Sergei Sthoigrt
Btu theJ r,aud,uE re its MAP MAP
cat •centl)rolled up
uccd
tt ght nammg and t p t ,"peuple kel can FCL
M El
fident when they need to go to
ombae' Danssm>000000 o0nascto-00o000
c Shoigu told Path,that 82„000
t-t dt endeplE, to
LIKED—wtil,21R 000 others t
were still hemg trained He said 2
there were I law diate plan,
to round up more but Puntis '..,.
mobilization order left the
door open fia a future nulttrq
ra0 up.
Punn's effort to beef up the — """"
numberoEmnup'al
ongthe 62A
I finut lin,E h d [ "
[t E rlcdThe=a on,1Ysm �e hlaerker 2l N Marker2 "
region.The bA tl h C tll KeyW�_ TM' C do Ke 1
Russia and prompted hundrrxl,
of thousands Li
ofinen to Dee the AN O RDI NANCE B Y THE MONROE COUNTY BOARD OF COUNTY COMMISSIONER S U P DAL ING TH E F VE-YEA R SC HE U LE OF CAP ITAL IM P ROVE MENTS TAB LE FO R F I SCAL YEARS 2023-
202Z,LOCATED WITHIN THE CAPITAL IMPROVEMENTS ELEMENT OF THE MON ROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,PURSUANT TO FTO RI DA STATUTE§163 3177(3),
nuua)' P ROVI D I NG FO R S EVE FAB I LI TY,P ROVI D IN G FO R RE PEAL OF INC ONS I STENT P EGA IS I ONS,P ROVI D IN G FO R FI LI NG WI TH THE SEC RETARY OF STATE,P ROVI D ING FO R IN C FITS ION IN
u Activi,ts and repuD, to T HE MO N ROE CO UNTY YEAR 2030 COM P RE HENSIVE P LAN P ROVI D ING FO R AN EFFECTIVE DATE.IF LE 2022-160)
Ru„ion media and The
Associated Press said man) Plm�e o�mme��o�en��aNWa°nerrs."""w.momoe�oamv-n.9w mr men�a9 a9eaaa aoaalg aaa mmm,al�oa re9am�a9 me.adoa:ool�oa:a.a�Ianlem me oabr�Io.�mr incline men�a9 aaaAorlo mare
0u 9en
uE Dcutrite dinfree,were inezpe-
ced,v,r.remldmpruntre vasaamrosaoeoazas 11.11".srarores�faparsoadao�dasroap;Oaf aaydao�boa mina eoardm coaarycomm�boO,F.th�reorroaaymarreroo,��da,adatthmb,gor ,,,h... w�u seed
cnhdoftYp�aadng.,and Mak forsuchpuorsmaymadroar�suw avarbaAm,acnNcft6paGeedrgs,:s mad whiohmcnNirmlWes Ma tasA rrrony&avidarca�nwhioh roe appeal isrobs
basic inw-,ach a,I T ical kits based
and fiakjackets thernsell and AM ASSISTANCE IIIa-arc a person with a Jisa oly wlw needs special accommotlatioas in o mparticipate in this pm d1,,,g,please 1m 1OreC Ny A——0/lice,by p—,,g(101)2g1-
did [["sole Roodug beErae 4441 LetweealAehourso/✓<30a m--5alOp m_nolat hoolux(5)alentlaitlayx pnoim Ne ttlwMuletl meHing;i/you arc lreenng of vice impaiaMall"TIT"
they were sent t0 fight Some The l<aywast citaen(xee7) Nblich rn T,oomber 29,2022
ere killed milt,da),ufbeing
raged up.
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
December 2, 2022
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance No. 029-2022 by the Monroe County Board of County
Commissioners adopting amendments to Monroe County Land Development Code Section 131-
2, Maximum Height, to amend the height limit to 40 feet, after the adoption and on the effective
date of updated FEMA Flood Insurance Rate Maps, for lawfully established existing residential
buildings and new residential buildings (includes substantial improvements) in order for these
buildings to elevate to or maintain the required elevation based on the Florida Building Code and
updated FEMA Flood Insurance Rate Maps (FIRMS); 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 amendment to and incorporation in the Monroe County
Land Development Code; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on November 15, 2022. Should you have any questions
please feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
�m
ri ,
f' w� Z
FLORIDA DEPARTMENT" O ...STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
December 2, 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,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 2022-029, which was filed in this office on December 2,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270