HomeMy WebLinkAboutOrdinance 023-2025 lfv( Y
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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9 ORDINANCE NO. 023-2025
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11 AN ORDINANCE AMENDING CHAPTER 122 ("FLOODPLAIN
12 MANAGEMENT") OF THE MONROE COUNTY LAND
13 DEVELOPMENT CODE TO ELIMINATE THE 299 SQUARE FOOT
14 SIZE RESTRICTION OF ENCLOSED AREAS BELOW ELEVATED
15 BUILDINGS, ELIMINATE THE REQUIRED INSPECTIONS OF
16 ENCLOSED AREAS BELOW ELEVATED RESIDENTIAL
17 STRUCTURES PRIOR TO THE TRANSFER OF OWNERSHIP, AND
18 ELIMINATE THE FLOODPLAIN CERTIFICATE OF COMPLIANCE
19 PROGRAM,AS REQUESTED BY THE BOCC AT THE APRIL 16,2025,
20 REGULAR BOCC MEETING; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
25 THE MONROE COUNTY LAND DEVELOPMENT CODE;
26 PROVIDING FOR AN EFFECTIVE DATE.'
27
28
29 WHEREAS, on April 16, 2025, at its regular public meeting, the Monroe County Board
30 of County Commissioners ("BOCC", "Monroe County", "Board", or the "County") adopted
31 Resolution No. 166-2025, which directed professional staff to amend Chapter 122 ("Floodplain
32 Management") of the Monroe County Land Development Code: To eliminate the 299 square foot
33 size restriction of enclosed areas below elevated buildings; to eliminate the required inspections
34 of enclosed areas below elevated residential structures prior to the transfer of ownership; and to
35 eliminate the Floodplain Certificate of Compliance Program; and
36
37 WHEREAS, on May 20, 2025, professional staff held a community meeting, as required
38 by Monroe County Land Development Code ("LDC" or "Code") Section 102-159(b) to discuss
39 the proposed text amendment to the Code; and
40
41 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
42 considered the proposed amendment at a regularly scheduled meeting held on June 24, 2025; and
43
44 WHEREAS, on June 25, 2025, the DRC Chair signed Resolution No. 14-25
45 recommending approval of the proposed text amendment; and
1 Monroe County Planning and Environmental Resources Department File No.2025-072.
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I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
2 public hearing on the 27th day of August, 2025, for review of and recommendation on the subject
3 proposed amendment to the Monroe County Land Development Code; and
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5 WHEREAS, based upon the information and documentation submitted, the Planning
6 Commission made the following findings of fact and conclusions of law:
7
8 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
9 Monroe County Year 2030 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, Section 380.0552(7), Florida
12 Statutes; and
13 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
14 and
15
16 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
17 Resolution No. P25-25 recommending BOCC approval of the subject proposed amendment; and
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19 WHEREAS,at a regularly scheduled meeting on the 15th day of October,2025,the BOCC
20 held a public hearing to consider adoption of the subject proposed amendment;
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
23 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
24
25 Section 1. Recitals, Findings of Fact, and Conclusions of Law. The foregoing recitals,
26 findings of fact, and conclusions of law are true and correct and are hereby
27 incorporated as if fully stated herein.
28
29 Section 2. The analysis, findings of fact, and conclusions of law in the September 8, 2025-
30 dated Monroe County Planning and Environmental Resources Department
31 professional staff report accompanying this BOCC agenda item, from and through
32 Department Planning Policy Advisor Barbara Powell and Department Senior
33 Director Devin Tolpin, A.LC.P.,2 C.F.M. 3 is/are adopted, to the extent not plainly
34 inconsistent with this Ordinance, as the BOCC's own analysis,findings of fact, and
35 conclusions of law, and the BOCC hereby incorporates said professional staff
36 report as if fully set forth herein.
37
38 Section 3. The text of the Monroe County Land Development Code is hereby amended as
39 follows (deletions are shown sue; additions are shown underlined):
40
41 Sec. 122-11. Permits.
42 *****
2 American Institute of Certified Planners(A.LC.P.)—Certification.
3 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
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I (i) Other documentation required. A nonconversion agreement signed by the applicant, and
2 plans or drawings specified by the floodplain administrator, shall be recorded on the property
3 deed prior to issuance of certificates of occupancy or certificates of compliance for the
4 following:
5 (1) Enclosed areas below new and substantially improved elevated buildings.
6 (2) Enclosed areas below lateral additions.
7 (3) Enclosed areas below nonconforming buildings that are brought into compliance.
8 (4) Garages and detached accessory structures that are approved in accordance with
9 the non-elevation requirements of Section 122-25(dc) and(ed).
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11 *****
12 .
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14 r-esidential stmettir-e w44 a below base flood eflelesed area for- whieh eenstmetion of the
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16 base flood enelestir-e shall be eandtieted. No earlier-than 180 days prior-to t4e t+ansfer- of the
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32 t4e ptir-ehaser- has eentaeted t4e eounty as pr-evided above fie 14er-than ten days prior-to t4e
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36 viel4ien of t4is seetion. The ptir-ehaser- and his or- her- stieeesser-s and assigns
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7 Jay5, 2018
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11 (Of(Ofd. No. 026 202 2 11 15 2022
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14 obtained an inspeetien of an efielestir-e below base flood elev4ien by efte of t4e f9ile
15 ; ef
16 (2)IRS t1e f;,,o f sale;
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18 The below base flood e*elestife mttst hwve bee* fB�d i* eemplia-Ree w4h �he Mefffee C;OtH+tm�,
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23 eet4if4e4e of eemplianee;
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31 area oft t4e gr-etind floor, Oftee t4is d I i I �d, eeti� teehnieal staff will de"et
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39 pr-eeeedings
40 (3) if ew*efs seek a-Rd ebtai* a eet4ifiea+e of eemplia*e a-Rd�he below base flood
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7 owner-ship.
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9 ewner-s with eempliant below base flood efielestir-es after- stieh pr-epefty ewner-s sign and
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11 the per-mit4ed impr-evements allowed below base flood elevation a4taehed to the agr-eewei+,t)
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14 has bee* appfeved by�he eefffit-y fer-afeas below base flood eIe-,,a+ie*. Pfepefty ew*efs shall
15 pay applieable ding fees.
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18 pr-eeesses. Oftee eemplianee is aehieved, if the below base flood enelessiffive has :RA*
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26 (O-,a N 026 20 � i i i 5 2m2)
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27 *****
28 Sec. 1224-715.Variances.
29 (a) Authority. The Division of Administrative Hearings (DOAH) shall hear and decide on
30 requests for variances from the application of the allegedly strict letter of this chapter.
31 Pursuant to F.S. § 553.73(5), the DOAH shall hear and decide on requests for variances from
32 the application of the allegedly strict letter of the flood resistant construction requirements of
33 the Florida Building Code. DOAH shall also hear and decide on requests for variances for at-
34 grade wet floodproofed accessory structures in A/AE zones that are larger than 600 square
35 feet but not larger than 1,000 square feet in size.
36
37 (c) Limitations on authority to grant variances.
38 (1) The DOAH shall base its decisions on variances on technical justifications submitted by
39 applicants, the considerations for issuance in Section 122-4-7-15(e) of this chapter, the
40 conditions of issuance set forth in Section 122-4-715 (g) of this chapter, and the reports
41 and recommendations of the floodplain administrator and the building official.Variances
42 for accessory structures in A/AE zones shall be subject to the conditions in Section 14-22-
43 4-7-15 (f).
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1 (2) When the DOAH considers the propriety of granting a variance, the following factors
2 shall not be considered material or relevant to the hearing officer's decision:
3 a. The physical disabilities or handicaps and health of the applicant or members of his
4 family;
5 b. The domestic difficulties of the applicant or members of his or her family;
6 c. The financial difficulty of the applicant in complying with the floodplain
7 management provisions of this chapter or the Florida Building Code;
8 d. The elevation of surrounding structures or buildings;
9 e. The alleged difficulty of marketing, advertising, or selling the property, building,
10 or structure;
11 f. Any alleged difficulty related to a codified law,rule,regulation, or matter of record,
12 which the applicant or members of his or her family, which he, she, or they were
13 on actual or constructive notice of prior to acquiring the property, and could
14 therefore have been avoided, or which may be characterized as a self-created
15 hardship; or
16 g. Non-unique or non-peculiar characteristics of the applicant's property, building, or
17 structure.
18 (3) The DOAH has the right to attach such conditions as it deems necessary to further the
19 purposes, intent, goals, and objectives of this chapter.
20
21 (g) Conditions for issuance of other variances. Variances shall be issued only upon:
22 (1) Submission by the applicant, of a showing of legally sufficient good cause that the
23 unique characteristics of the size, configuration, or topography of the site limit
24 compliance with any provision of this chapter or the required elevation standards;
25 (2) Determination by the DOAH that:
26 a. Failure to grant the requested variance would result in exceptional non-self-
27 imposed hardship due to the physical characteristics of the land that render the lot
28 undevelopable; increased costs to satisfy the requirements or inconvenience do not
29 constitute hardship;
30 b. The granting of a variance will not result in increased flood heights, additional
31 threats to public safety, extraordinary public expense, nor create nuisances, cause
32 fraud on or victimization of the public or conflict with existing local laws and
33 ordinances;
34 c. The variance is the minimum necessary, considering the flood hazard, to afford
35 relief,
36 d. The granting of the requested variance will not result in worsening the expected
37 heights, velocity, duration, rate of rise, and debris and sediment transport of the
38 floodwaters and the effects of wave action, if applicable, expected at the site;
39 e. The granting of the requested variance will not result in increased risk of dangers
40 enumerated under Section 122-4-7-15 (e)(1) (3);
41 f. The granting of the requested variance will not result in increased risk of injuries,
42 harm, or damage enumerated under Section 122-4-715 (e)(8) (11);
43 g. The granting of the requested variance will not result in increased public expenses,
44 create a threat to public health and safety, create a public nuisance, or cause fraud
45 or victimization of the public;
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I h. The granting of the requested variance will not adversely affect the public service,
2 infrastructure, and public policy considerations enumerated under Section 122-
3 4-:7-15(e)(6).
4 (3) Receipt of a sworn or attested and notarized statement by the applicant that the variance,
5 if granted, shall be recorded in the Office of the Monroe County Clerk of the Court in
6 such a manner that it appears in the chain of title of the affected parcel of land; and
7 (4) If the request is for a variance to allow construction of the lowest floor of a new building,
8 or substantial improvement of a building, below the required elevation, a copy in the
9 record of a written notice from the floodplain administrator to the applicant for the
10 variance, specifying the difference between the base flood elevation and the proposed
11 elevation of the lowest floor, stating that the cost of federal flood insurance will be
12 commensurate with the increased risk resulting from the reduced floor elevation (up to
13 amounts as high as $25.00 for $100.00 of insurance coverage), and stating that
14 construction below the base flood elevation increases risks to life and property.
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16 (gh)Appeal. An appeal of a variance determination may be submitted pursuant to Section 122-
17 4316. The failure to timely and properly file an appeal under this section shall constitute an
18 irrevocable jurisdictional waiver of any rights to seek such a variance, for failure to exhaust
19 available administrative remedies.
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21 *****
22 Sec. 1224916.Appeals.
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24 *****
25 Sec. 122-N17.Violations.
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28 Sec. 122-U18.Flood hazard warning.
29 *****
30 ARTICLE III. FLOOD RESISTANT DEVELOPMENT
31 Sec. 122-25. Buildings and structures.
32 *****
33 (b) Enelosed iir-eiis below eleviited buildings. R*elesed areas (e*e1estir-es) below ele-,,R+ed
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38 a. In zone A/AE flood hazard areas, not fner-e than 299 s"ar-e feet fna-y be per-fnit4ed to
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40 (er-awl4mder-fleer- spaees t4at have a wall height less than 5 feet). Additional area may
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44 feet may be ,•@rutted to be eneles •ac�r by br-eaka way walls of opaque .,to,-ials
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2 dwellings lawftilly established and lawftilly e*isting as of April 12, 2004, shall flet be
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6 eemply w44 t o e"ir-fnentsofFie d•, Btiil. ing G to Btfildi g and ASGE 24.
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8 oft agr-eefne t as speeifieccd in Section 122 1 1(i) of
9 (eb) Minimum foundation requirements for buildings and structures within the scope of the
10 Florida Building Code. Pursuant to the Florida Building Code, and Sections 6-147 and 6-
11 148 of the Monroe County Code of Ordinances, the design of the foundation system for
12 buildings within the scope of the Florida Building Code shall be provided by a geotechnical
13 engineer registered in the State of Florida in a site-specific geotechnical report submitted per
14 requirements of Section 1803.6 of the Florida Building Code. The foundation design shall be
15 the more stringent of recommendations of the report and meet the following minimum
16 requirements:
17 (1) All structures or building foundations shall be anchored/socketed into natural rock. This
18 includes, but is not limited to, auger cast concrete piles, precast concrete piles or wooden
19 piles.
20 (2) All concrete piling shall have full depth reinforcing to effectively resist the internal forces
21 induced by the design loads, without failure.
22 (3) All piling shall be anchored to the natural rock with a 14-inch minimum diameter augured
23 socket and a minimum embedment of 3 feet.
24 (4) The pile foundation support system shall be designed to resist the required lateral loading
25 for an unsupported height defined by a full scour condition. The construction documents
26 shall include a statement that the design has been completed and certified for a full scour
27 condition for lateral stability to the elevation of the supporting rock and in accordance with
28 ASCE 24.
29 (5) Pile embedment shall include consideration of decreased resistance capacity caused by
30 scour of soil strata surrounding the piling and have adequate rock penetration to resist the
31 combined wave and wind loads (lateral and uplift).
32 (dc) At-grade residential detached accessory structures. At-grade detached accessory
33 structures are permitted provided the accessory structures are used only for parking or storage
34 and:
35 (1) If located in special flood hazard areas (zone A/AE), other than coastal high hazard areas,
36 are one-story and not larger than 600 square feet and have flood openings in accordance
37 with Section R322.2 of the Florida Building Code, Residential.
38 a. A variance, in accordance with Section 122-4-7-15, may be authorized for the
39 construction or substantial improvement of at-grade detached accessory structures
40 larger than the size limits specified in subsection (1) but not larger than 1,000 square
41 feet in size.
42 (2) If located in coastal high hazard areas (zone V/VE and coastal A zones), are not located
43 below elevated buildings and are not larger than 100 square feet.
44 (3) Are anchored to resist flotation, collapse or lateral movement resulting from flood loads.
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1 (4) Have flood damage-resistant materials used below the base flood elevation plus one (1)
2 foot.
3 (5) Have mechanical, plumbing and electrical systems, including plumbing fixtures, elevated
4 to or above the base flood elevation plus one (1) foot.
5 (6) Applications for detached accessory structures shall include a nonconversion agreement as
6 specified in Section 122-11(i) of this chapter.
7 (ed) Nonresidential detached accessory structures. In all flood hazard areas, nonresidential
8 detached accessory structures shall comply with the requirements of Florida Building Code,
9 Building and ASCE 24, including, but not limited to, elevation or dry floodproofing
10 requirements. Applications for detached accessory structures shall include a nonconversion
11 agreement as specified in Section 122-11(i) of this chapter.
12
13 *****
14
15 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
16 ambiguities, within this Ordinance or between this Ordinance and the Monroe
17 County Code of Ordinances, Florida Building Code, Monroe County Land
18 Development Code, floodplain management regulations, Monroe County
19 Comprehensive Plan, or any approval, or any decision, or any determination of the
20 Monroe County Board of County Commissioners, Monroe County Planning
21 Commission, Monroe County Development Review Committee, Monroe County
22 Planning and Environmental Resources Department, or other department or office
23 of Monroe County,the more restrictive rule, regulation, law,provision, and/or text
24 shall always apply and control.
25
26 Section 5. No Liability. Monroe County expressly reserves and in no way shall be deemed to
27 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
28 governmental, and any other similar defense, immunity, exemption, or protection
29 against any suit, cause-of-action, demand, or liability.
30
31 Section 6. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
32 any portion of this Ordinance, or any part or portion thereof, is held to be invalid
33 or unenforceable by any administrative hearing officer or court of competent
34 jurisdiction, the invalidity or unenforceability of such provision, or any part or
35 portion thereof, shall neither limit nor impair the operation, enforceability, or
36 validity of any other provision of this Ordinance, or any remaining part(s) or
37 portion(s)thereof. All other provisions of this Ordinance, and remaining part(s) or
38 portion(s)thereof, shall continue unimpaired in full force and effect.
39
40 Section 7. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
41 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
42 shall not repeal the repealing clause of such ordinance or revive any ordinance
43 which has been repealed thereby.
44
45 Section 8. Transmittal. This Ordinance shall be transmitted to the State Land Planning
46 Agency pursuant to Chapters 163 and 380, Florida Statutes.
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: . 1 Section.9. Filing. and. Effective:Date.:•This Ordinance .shall be filed in the Office. of the • •
. 2 : :: •. ..S:ecretary of State.of.Florida,.but.shall not•become effective until a notice is issued: : :: . : .
'. •• 3 :the e Florida•State Land Planning:Agency•or Administration Commission finding-.
4•. :• :•.• :.' • • the'amendment in compliance with Chapters: 163:and 3 80,-Florida.Statutes, and if• .• :
5. •. :challenged.until such challenge is resolved.. : .
. 7 Section'10. : Inclusion.•in• the- Land- Development Code...•The..text, amendment. shallbe' .
8 . • :..incorporated:in.the Monroe County Land Development Code. The. numbering:of. :
9 :• • •• • • : the foregoing amendment may be•renumbered to•conform to the numbering in'the •
10 • : Monroe:County Land Development Code•:. .. . : . . • : . - ..•: .. .
: : ••• . .1:1:• • .: : •• • : •: . : •• : . .
12 : : • PASSED:AND.ADOPTED.by the_Board of County Commissioners: of Monroe'County; . • : .
1.3: s :...Florida..; at a'regular:meeting held o:n the jday:of October,.202.5• .
•1'4
: 15 • :: : - Mayor James K. Scholl, District 3. . •.: Yes .
1:6:. : • :.' •• Mayor Pro:Tem Michelle Lincoln;District 2 : • Yes • • ' •:
•'17 . • . '• :• Commissioner Craig:Cates,.District:1 :• .Yes.* . ' .
:.• . •• : Commissioner David Rice,:District 4 . • : • • .Yes
•
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.19.. .• • : .• • : • Commissioner Ho •y Merrill Rasc ein, District 5 : Yes .
. : 20 • : -
: . 21 :. . • : : ::
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KeysNews.eom
KE TEN
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(941)206-1025 F:(305)294-0768
legals@keysnews.com
MONROE CO PLANNING/ENVIORNMENTAL
RES
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3971075
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Amber Douglas ,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, September 27,2025
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.
F
(Signature ofAffiant)
Affirmed and subscribed before me this 29th day of September 2025
(Notary Public Signature)
Jill Kelli Di Benedetto
(Notary Public Printed Name)
My commission expires 8/19/2027
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
wn, ON a —
Notary Public State of Florida
Ak Jill Kalil Di Benedetto
ttN My Commission HH 390294
ExpirBS 61191202 7
PAGE A10 SEPTEMBER 27-28,2025 Keys Citizen.Weekend Edition keysnews.com
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NOTICE OF INTENTION TO CONSIDER ADOPTION OF NOTICE OF INTENTION TO CONSIDER ADOPTION OF
VILLAGE ORDINANCE VILLAGE ORDINANCE
NOTICE IS HEREBY GIVEN TOWHOM ITMAY CONCERN that on October7,2025,at 5:30 P.M.or as soon thereafter as NOTICE IS HEREBY GIVEN TOWHOM IT MAY CONCERN that on October 7,2025,at 5:30 P.M.or as soon thereafter as
[hemattermaybeheerd,at[he Founders Park Community Center,07000 Overseas Highway,Islamorada,Florida, the matter maybe heard,at the Founders Park Community Center,07000 Overseas Highway,Islamorada,Florida,
thevivage Council of laiemomda,vilageofIslands,Horiss,intendsto consider adopting thefollowing ordinance' the Pivage Council ofIslamorada,Pivageonslands,FIonda,iHenusto consider adopting the following ordinance'
AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,FLORIDA AMENDING CHAPTER 4"Al AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,FLORIDA,AMENDING CHAPTER 50,ARTICLE III
ARTICLE I"IN GENERAL,OF THE VILLAGE CODE TO CREATE A SECTION 4-101-BIKING AND FEEDING OF THE VILLAGE CODE TITLED'TRAFFIC AND VEHICLE SPEED ZONES',SECTION 50-53"SPEED ZONES;
PEAFOWL PROHIBITED"PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND ESTABLISHED",TO CREATE A MAXIMUM SPEED ZONE OF TWENTY MILES PER HOUR FOR VEHICLES
PROVIDING FOR AN EFFECTIVE DATE OPERATED ON CORTEZ DRIVE;PROVIDING FOR INCLUSION IN THE CODE;PROVIDING FOR SEVERABILITY;
AND PROVIDING FORAN EFFECTIVEDATE
The proposed ordinance may be inspected by the public at the Islamorada,Village of Islands website by viewing
the agenda packetforthe October],2025,meeting,which will be posted on October3,2025 at https77isiamoraddl, The proposed ordinance may be inspected bythe public at the Islamorada,Village of Islands website by viewing
portal,cMiccleik,com/ the agenda packetforthe October],2025,meeting,which will be posted on October3,2025 at hnps//isiamomdafl,
portal,cMccierk,com/
Upon publication of the agenda packet,the ordinance may also be viewed at the Village Clerk's office at 06000
overseas Highway,Islamorada,FL 33036, Upon publication of the agenda packet,the ordinance may also be viewed at the Village Clerk's office at 06000
Overseas Highway,Islamorada,FL 33036,
I he public can participate In the October],2025,meeting of the Islamorada,Village of Islands Village Council by
attending in person or via Zoom,The Zoo m link can befound In the agenda The public can participate In the October 7,2025,meeting of the Islamorada,VI II age of Islands VI II age Council by
attending in person or via Zoom,The Zoom link can be too nd in the agenda,
ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
participate in this praceadlog,please contact the ADA Coordinator,by phoning(305)664-6448,betseen the ADA ASSISTANCE:If you are a person with a disability who needs special accommodations in order to
hours of8:00a.m.-5.00l .,atleast48 hours prior to the scheduled meeting. participate,in this proceeding,please contact the ADA Coordinator,byphou ing(305)664-6448,between the
hours oli00a.m.-5:OOp.m.,atleast48 hours prior to the scheduled meeting.
Dated at Isla more da,It on da,on September 22,2025,
Dated at Isl a moral a,It and a,on September 22,2025,
a(rrl it C%�?I�- t r I irUll
%a eMcGrath Mae McGrath
VillagMarneClerk Village Clerk
Publication Dates', Publication Dates',
Key West Citizen',Sat,09-27-25 Key West Citizen',Set,09-D-25
Keys Weekly Thus,10 02-25 Keys Weekly',Thur,10 02-25
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ISLAMORADA,VILLAGE OF ISLANDS
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC
HEARING NOTICE OF PUBLIC HEARING
NOTICE OF CHANGE TO THE MONROE COUNTY LAND NOTICE ISHEREBYGIVENthatonMonday,October 13,2025,at5:30PM.,
DEVELOPMENTCODE the Islamorada,Village of Islands Local Planning Agency,will hold a public
NOTICE OF CHANGE TO THE MONROE COUNTY TIER hearing at Founders Park Community Center located at 87000 Overseas
Highway,Islamorada,Florida.The purpose of the public hearing is to consider
OVERLAY DISTRICT MAP the following items:
AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,
OCTOBER15,2025 FLORIDA,CONSIDERING THE REQUEST OF TY HARRIS PA,
AGENT FOR HORSE PENS LLC TO AMEND THE VILLAGE'S
NOTICE IS HEREBY GIVEN that on Wednesday,October 15,2025,the Monroe FUTURE LAND USE MAP FROM CONSERVATION(C)TO MIXED
County Board of County Commissioners will hold a public hearing,beginning at 9:00 USE (MU) FOR THE SUBJECT PROPERTY, ON OVERSEAS
AM.The BOCC meeting will be held in hybrid format,allowing the public to attend HIGHWAY LOCATED ON UPPER MATECUMBE KEY,WITH REAL
either via Zoom Webinar or in person.The in-person meeting will be held at the ESTATE NUMBER 00096850-000200 AND TO ESTABLISH A
Marathon Government Center,Ioceted at Z798 Overseas Highway,Marathon,FL NEW SUB-AREA POLICY UNDER OBJECTIVECRIB,D LEGALLY
The following items will be considered at the PUBLIC HEARING: DESCRIBED HEREIN, A LEGALLY DESCRIBED HEREIN;
PROVIDING FOR THE TRANSMITTAL OF THIS ORDINANCE TO
THE STATE DEPARTMENT OF COMMERCE;AND PROVIDING
PUBLIC HEARINGS:9:00AM(oras soon thereafteras maybehearcil FOR AN EFFECTIVE DATE UPON THE APPROVAL OF THIS
AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSION- ORDINANCE BY THE STATE DEPARTMENT OF COMMERCE.
ERSAMLNDING I HE MONHOL COUN I Y I ILH OVLHLAY DISI HICI MAP THOM I ILH AN ORDINANCE OF ISLAMORADA,VILLAGE OF ISLANDS,
I IO IIEB III AS HLQULSI ED BY HHLII BILLER FOR PHOPLHI Y LOCAI ED Al 305 FLORIDA,CONSIDERING THE REQUEST OF TY HARRIS PA,
AVENUE A,BIG COPPITT KEY,DESCRIBED AS LOT 6,SQUARE 3 JOHNSONVILLE AGENT FOR HORSE PENS LLC,TO AMEND THE OFFICIAL
SUBDIVISION,BIG COPPITT KEY,MONROE COUNTY,FLORIDA,AS RECORDED IN ZONING MAP FROM CONSERVATION(C)TO NEIGHBORHOOD
PUBLIC RECORDS AT PLAT BOOK 1,PAGE 53,OF THE MONROE COUNTY,FLOR- COMMERCIAL (NC) FOR THE SUBJECT PROPERTY ON
IDA,CURRENTLY BEARING PARCEL IDENTIFICATION NUMBER 00151350-000000, OVERSEAS HIGHWAY LOCATED ON UPPER MATECUMBE KEY,
APPROXIMATE MILE MARKER 10.(FILE NO.2024-191)See Map 1 below WITH REAL ESTATE NUMBER 00096850-000200,AS LEGALLY
DESCRIBED HEREIN; PROVIDING FOR THE TRANSMITTAL
AN ORDINANCE BYTHE MONROE COUNTY BOARD OF COUNTY COMMISSION- OF THIS ORDINANCE TO THE STATE DEPARTMENT OF
ERS AMENDING CHAPTER 122,FLOODPLAIN MANAGEMENT,OF THE MONROE COMMERCE; AND PROVIDING FOR AN EFFECTIVE DATE
COUN IYLAND DLVLLOPMLNICODL IO LLIMINAI L I HL299 SQUARE FOOI SIZE UPON THE APPROVAL OF THIS ORDINANCE BY THE STATE
HEST IT CI ION OF ENCLOSED R HEAS BELOW LLLVAI ED BUILDINGS,LLIMINAIE DEPARTMENT OF COMMERCE.
I HE HEQUI RED INSPLC I IONS OF LNCLOSLDAHLAS BELOW LLLVAI ED HLSIDLN- /
TIf STRUCTURES PRIOR TO THE TRANSFER OF OWNERSHIP,AND ELIMINATE
THEE 0E)PLAIN CERTIFICATE OF COMPLIANCE PROGRAM,AS REQUESTED BY �
y „
THE BOCC AT THEIR APRIL I6,2025,REGULAR COMMISSION MEETING;PROV10.
ING FOR SEVERABILITY;PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS ✓ tVj
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND
THE SECRETARY OF STATE;PROVIDING FOR AMENDMENT TO AND INCORPORA- / r„
TION IN THE MONROE COUNTY LAND DEVELOPMENT CODE;PROVIDING FOR AN
EFFECTIVE DATE.(FILE NO.2025-072) <
Map /
' T�erlto Tier In
j
A copy of the items may be reviewed at the Village Administrative Center and
Public Safety Headquarters,86800 Overseas Highway,Islamorada,Florida.
Affected parties may appear at the public hearing or via the Zoom video
conferencing tool for the public hearing,be heard and submit evidence with
respect to the application.
--- -- o Pursuant to Section 286.0105,Florida Statutes,anyone wishing to appeal any
c, decision made by the Islamorada Village Council with respect to any matter
A a considered at such meeting or hearing will need a record of the proceedings
and,for such purpose,may need to ensure that a verbatim record of the
L I proceeding is made,prepared by a court reporter at the appellant's expense;
Please visit the Monme County Website at www.monroemunty-ti.gov for meet- such record includes the testimony and evidence upon which the appeal is to
ing agenda updates and information regarding thevarious options available to the be based.
public to view the live meeting and/or to make public comments on certain agenda
items. ADA Assistance:In accordance with the Americans with Disabilities Act of
1990,all persons who are disabled and who need special accommodations to
Pursuant to Section286.0105 Florida Statutes,ifa person decides to appeal any decision participate in this meeting because of that disability should contact the office
W the Board of Count Commissioners,with respect w an tier considered at the of the Village ADA Coordinator at(305)664-6448(TTY 664-8890)at least
y p y ma three days prior thereto.
meeting or hearing,he or she will need a record of the proceedings,arro that,for such
purpose,he or she may need to ensure a verbatim record of the proceedings is made, Two or more committee members from various committees may be present at
which record includes the testimony So evidence upon which the appeal is w be based, this meeting.
ADA ASSISTANCE:If you area person with a disability who needs special accom- e
mociations in order to participate in this proceeding,please contact the County
Administrator's Office,by phoning(305)292-4441,between the hours of 8:30 a.m. a
-5:00 p.m no later than five(5)celendar days prior to the scheduled meeting;if Jennifer DeBoisbriand
you are hearing or voice impaired,-II"711:' 1 Director of Planning
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
October 21, 2025
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 023-2025 by the Monroe County Board of County
Commissioners amending Chapter 122 (Floodplain Management) of the Monroe County Land
Development Code to eliminate the 299 square foot size restriction of enclosed areas below
elevated buildings, eliminate the required inspections of enclosed areas below elevated
residential structures prior to the transfer of ownership, and eliminate the Floodplain Certificate
of Compliance Program, as requested by the Board at the April 16, 2025, regular BOCC
Meeting; 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 October 15, 2025. 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
FLORIDA DEPARTMENT Of$ ATE
u 7i
RON DESANTIS CORD BYRD
Governor Secretary of State
October 22, 2025
Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
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. 023-2025, which was filed in this office on October 21,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. COM-26-002
STATE OF FLORIDA
DEPARTMENT OF COMMERCE
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA, r Er
ORDINANCE NO. 023-2025 4 .
• 'r•,jl
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 023-2025
The Florida Department of Commerce ("Department") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida (the "County"), Ordinance No. 023-2025 (the
"Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an area of
critical state concern. The County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by the County on October 15, 2025, and rendered to the
Department on November 17, 2025.
3. The Ordinance amends Chapter 122 of the County's Land Development Code by
eliminating the requirement for inspections of enclosed areas below residential structures,
eliminating the Floodplain Certificate of Compliance Progrm,, and eliminating the
requirements for enclosed areas below elevated buildings.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that are
adopted by any local government in an area of critical state concern. See §§ 3 80.05(6) Fla
Stat.
1
Final Order No. COM-26-002
5. "Land development regulations" include local zoning, subdivision, building, and other
regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan generally, as
required by section 163.3177(1), Florida Statutes, and specifically, with Objective 218.1,
Objective 218.2, Policy 218.2.3, Policy 218.2.4, Policy 218.2.5, and Policy 218.3.1.
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 for that area.
§§ 380.05(6) and 380.0552(7), Fla Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and
specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government can achieve these objectives
without continuing the area of critical state concern designation;
(m)Providing adequate alternatives for the protection of public safety and
welfare in the event of a natural or manmade disaster and for a
postdisaster reconstruction plan; and
(n) Protecting the public health, safety, and welfare of the citizens of the
Florida Keys and maintaining the Florida Keys as a unique Florida
resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 023-2025 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
2
Final Order No. COM-26-002
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
Justin Do er, Deputy Secretary
Division of Community Development
Florida Department of Commerce
3
Final Order No. COM-26-002
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, BY FILING A PETITION.
A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE FLORIDA
DEPARTMENT OF COMMERCE WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED
IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS
RECEIVED BY:
AGENCY CLERK
FLORIDA DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
AGENCY.CLERK@COMMERCE.FL.GOV
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING
PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
PURSUANT TO SECTION 120.573, FLORIDA STATUTES, AND CHAPTER 28, PART IV,
FLORIDA ADMINISTRATIVE CODE, YOU ARE NOTIFIED THAT MEDIATION IS NOT
AVAILABLE.
4
Final Order No. COM-26-002
CERTIFICATE 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 and correct copies have been furnished to the
following persons by the methods indicated this Ciki,h day of January 2026.
0,t,i (D, tx,AA1c.
Agency Clerk, ill's De Gannes
Florida Depart 't of Commerce
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
Telephone: (850) 245-7151
Facsimile: (850) 921-3230
By U.S. Mail:
The Honorable Michelle Lincoln
Mayor, Monroe County
530 Whitehead Street, Suite 102
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
1
5