07/31/1987 Public Hearing Special
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Public Hearing/Special Meeting
Board of County Commissioners
Friday, July 31, 1987
Key Colony Beach
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A Public Hearing/Special Meeting of the Monroe
County Board of County Commissioners convened at 9:00 a.m.
on the above date in the Key Colony Beach City Hall.
Present and answering to roll call were Commissioner William
Freeman, Commissioner Eugene Lytton, Commissioner Michael
Puto, Commissioner John Stormont, and Mayor Jerry Hernandez,
Jr. Also present were Danny L. Kolhage, Clerk1 Lucien
Proby, County AttorneY1 Tom Brown, County Administrator1
Charles Pattison and Planning Staff1 George Garrett, County
Biol09ist1 members of the Press and Radi01 and the general
public.
Amendment 181 3-l0lC-121 9-2251 Page 12, 154
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to approve Amendment '8 as follows:
Amend the definition of Commercial Fishing to read as
follows:
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COMMERCIAL FISHING means the catching,
landing, processing or packaging of
seafood for commercial purposes includ-
ing then mooring and docking of boats
and/or the storage of traps and other
fishing equipment and charter boat uses
and sport diving uses.
Add a new subsection for Commercial Fishing Residential:
E. Sport fishing charter boat and sport
diving charter or activities are not
conducted in the District.
Renumber Subsections 9-225 (E) and (F) to (F) and (G).
Bill Moore of O.F.F. addressed the Board. Motion carried
unanimously.
Amendment '651 9-2251 Page 153
Motion was made by Mayor Hernandez and seconded by
Commissioner Lytton to accept Staff recommendation and deny
proposed Amendment 165. Roll call vote was unanimous.
Amendment '771 9-3091 Page 162
Motion was made by Commissioner Lytton and seconded by
Commissioner Puto to accept the Planning Commission's recom-
mendation to amend the floor area ratio for Commercial
Fishing Villages from .10 to .40 and for other uses in the
Commercial Fishing Area from .30 to .40. Motion carried
unanimously.
Amendment 11761 9-217 (several changes) 1 Page 133, 138
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to change E. CFSD5 (located on Key
Largo) as follows:
1. Subject to the prOV1S10n of a
Class C bufferyard along the
boundary of the district with
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a residential district, as of
right:
2. Subject to the provision of a
Class C bufferyard along the
boundary of the district with
a residential district, as a
minor conditional use:
Motion carried unanimously.
Motion was made by Commissioner Lytton and seconded by
Commissioner Stormont to change the Conch Key CFA to a new
CFSD #16 as follows:
P. CFSD 16 (located at Conch Key)
1. CFA regulations apply per Sec.
9-215.
2. Mobile homes permitted in
addition to detached dwellings
as a matter of right.
and also that the Board will consider a parallel Map Change.
Motion carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to add mobile home uses to the CFSD #13
as follows:
M.
1.
d. Mobile Homes
Motion carried unanimously.
Motion was made by Commissioner Freeman and seconded by
Commissioner Puto to accept the recommendation of the
Planning Commission to create a new CFSD #17 for Old Boca
Chica Road as follows:
Q. CFSD 17 (located on Old Boca Chica Road)
1. Subject to the limitation that
no use shall involve a vessel that
draws more than two (2) feet, as of
right:
a. commercial fishing~
b. manufacture, assembly, re-
pair, maintenance and storage
of traps and nets~ and
c. vessels are restricted to
outboard engines only.
2. Subject to the limitation that
no use shall involve a vessel that
draws more than two (2) feet, as a
minor conditional use:
a. detached residential dwell-
ings provided that the total
floor area does not exceed
twenty-five percent (25%) of
the land area in the Commercial
Fishing Special District.
Bob Young of NAS at Boca Chica addressed the Board opposing
the change. Motion carried unanimously.
II 189
Amendment 1191i 11-111, 9-215, 9-216, 9-2l7i Page 131
Bill Moore and Pam Martin of O.F.F. discussed proposed
Amendment 1191. Motion was made by Commissioner Stormont
and seconded by Commissioner Puto to accept the recommen-
dation of the Planning Commission to amend Section 9-215 as
follows:
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A. In order to provide for the special
needs of the commercial fishing industry,
all Commercial Fishing designations are
given the below special considerations.
B. The purpose of this flexibility is
to ensure general compliance with Plan
requirements while maintaining good
environmental quality and community
character.
1. Temporary uses specifically
involving trap construction,
maintenance and repair are hereby
exempted from FAR and OSR require-
ments.
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2. Sanitary toilet facilities
may be provided by using approved,
portable units.
3. Setbacks may be varied by the
Planning Director upon a written
recommendation by the Environmental
Resources Coordinator that storm-
water runoff can be appropriately
controlled due to the provisions
of new gutters, berms or similar
devicesi shoreline setbacks may
also be varied.
4. The vegetated bufferyards
requirements shall be varied to
include fences or natural vegeta-
tion.
5. Lighting requirements may be
reduced or waived where the
Planning Director and Environmental
Resources Coordinator agree that
light intrusion, either to adjoin-
ing properties or waterfront areas,
will have no adverse community
character or habitat impacts.
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6. Lot sizes do not have to
conform to the 12,500 square foot
lot size rule, but can be varied
according to the Commercial
Fishermen's needs, size of boats,
etc., within the confines of
designated areas.
7. Except for retail and whole-
sale operations, parking requirements
may be met by the provision of one
parking or loading space for each
individual lot of 6,000 square feet
or less. Larger lots or tracts
shall proportionately meet this
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same requirement.
8. Docks will only require three
(3) feet of water depth until a
study is done by Monroe County or
the State of Florida to determine
how much, if any, four (4) foot
water is available in Monroe County
for development.
9. Attached dwellings, provided
that the total floor area of
residential uses in a commercial
fishing area district does not
exceed twenty-five percent (25%)
of the land area in the commercial
fishing area district.
10. Commercial retail, low and
medium intensity uses, provided
that the goods and services are
related to or supportive of the
commercial fishing industry.
11. Light industrial uses includ-
ing marine repair services, provided
that such uses are intended to serve
the needs of the commercial fishing
industry.
During discussion, motion was made by Commissioner Stormont
and seconded by Commissioner Puto to amend Paragraph A to
read as follows:
A. In order to provide for the special
needs of the commercial fishing industry,
all Commercial Fishing Areas and Villages
are given the below special considerations.
Motion carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to insert the following new Paragraph B
and then re-letter accordingly:
B. All Commercial Fishing Districts
under minor conditional use may vary
the requirements of that District.
Roll call vote was unanimous. Jeanne de St. Croix addressed
the Board concerning this matter.
Motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to amend Subparagraph 4 to read as
follows:
4. The vegetated bufferyards
requirements may be varied to
include fences or natural vegeta-
tion except when abutting Resi-
dential Districts.
Roll call vote was taken with the following results:
II 191
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
Yes
No
Yes
No
Motion carried.
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Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to delete Subparagraph 6. Motion
carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Lytton to delete Subparagraph 8. Motion
carried unanimously.
Motion was made by Commissioner Stormont and seconded by
Commissioner Puto to amend Subparagraph 9 to read as
follows:
9. Attached dwellings, provided
that the total floor area of resi-
dential uses in a commercial fishing
area (CFA) district does not exceed
twenty-five percent (25%) of the
land area in the commercial fishing
area (CFA) district.
Motion carried unanimously.
Roll call vote on the original motion as amended was unani-
mous.
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Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to amend Section 9-216 to read as follows:
Attached dwellings are allowed provided
that the structures are separated from
existing detached dwellings by one
hundred (100) feet or a Class D bufferyard.
Motion carried unanimously.
Amendment #53; 9-106; Page 98
Pam Martin of O.F.F. addressed the Board. Motion was made
by Commissioner Puto and seconded by Commissioner Stormont
to add Commercial Fishing under the SubUrban Commercial
District. Grace Manillo and Arlene Reiser addressed the
Board concerning this matter. During discussion,
Commissioner Stormont withdrew his second. The motion was
then seconded by Mayor Hernandez. Roll call vote was taken
with the following results:
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Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
No
Yes
No
Yes
Motion failed. Motion was then made by Commissioner Lytton
and seconded by Commissioner Freeman to include Commercial
Fishing in SubUrban Commercial as a Major Conditional Use.
Roll call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
No
Yes
II 1 92
Motion carried. Motion was then made by Commissioner Lytton
and seconded by Mayor Hernandez to amend Section 9-205 in
accordance with the previous motion. Roll call vote was
taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
Yes
Yes
No
Yes
Motion carried.
Amendment 113; BED AND BREAKFAST REGULATIONS
Attorney Edward Horan, representing those in favor of regu-
lations allowing Bed and Breakfasts, addressed the Board.
Mr. Hall, attorney representing those opposed to Bed and
Breakfasts, then addressed the Board. After discussion,
motion was made by Commissioner Stormont and seconded by
Commissioner Freeman to deny proposed Amendment 113. Roll
call vote was taken with the following results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
Yes
No
Yes
Yes
Yes
Motion carried. Motion was then made by Mayor Hernandez and
seconded by Commissioner Lytton to impose, as of July 31st,
a moratorium on all Bed and Breakfasts in the Improved
Subdivision Districts, said moratorium to continue
indefinitely. Roll call vote was taken with the following
results:
Commissioner Freeman
Commissioner Lytton
Commissioner Puto
Commissioner Stormont
Mayor Hernandez
No
No
Yes
No
Yes
Motion failed.
Amendment 156; 9-203A3, 204A4, 206A4, 207A4, 208A3, 209A3,
2l0A3, 2llA5, 2l2A4, 2l8AlO; Pages 106, 108,
114, 118, 122, 124, 125, 126, 138
Vern Pokorski addressed the Board concerning this proposed
Amendment. Motion was made by Commissioner Stormont and
seconded by Commissioner Freeman to accept the Planning
Commission's recommendation to require that all home occupa-
tions be approved as a special use permit, public hearing,
Staff to develop criteria, and not applicable to Commercial
Fishing Residential; title of such permission to be "Home
Occupation - Special Use permission". Motion carried unani-
mously. Motion was then made by Commissioner Stormont and
seconded by Commissioner Freeman to amend Section 3-l0lH6 to
indicate home occupations in any district where required by
Special Use Permit. Motion carried unanimously.
Amendment 1175; 9-2l4(numerous); Page 130, etc.
Motion was made by Mayor Hernandez and seconded by
Commissioner Puto to approve as submitted the various amend-
ments to create a new district which recognizes pre-existing
RU-8 (Condominium Recreational Vehicle Parks) as attached
hereto. Motion carried unanimously.
Amendment 112la
Motion was made by Mayor Hernandez and seconded by
II 193
Commissioner Puto to approve as attached hereto. Motion
carried unanimously.
Amendment 129; 5-103; Page 49
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to approve the following changes for
consistency:
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Sec. 5-103 - Change the word "Committee"
at the end of the first sentence to
"Coordinator"
Sec. 4-l04(B)(3) - add a new (h) as follows:
To meet with applicants, upon re-
quest, for a preapplication
conference.
Sec. 4-l04(C)(2)(a) - delete (i) as written
and insert:
Meeting with any developer when re-
quested or required pursuant to the
provisions of these regulations
after ten (10) days prior agenda
notice in a newspaper of general
circulation is provided;
Sec. 4-l04(c)(2) - add a new (c), as follows:
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Any action reviewing a permit
application shall not preclude
the applicant's right to be present
when his project is discussed be-
fore this body.
Motion carried unanimously.
Amendment 1103; 9-811 c, D, F and I; Page 205-207
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to approve the following:
Section 3-101 D-l.
DBH (DIAMETER AT BREAST HEIGHT) shall
mean, for the purposes of these regula-
tions, a tree diameter as measured
from the base of the tree, taken at
approximately four feet (4') above
the surrounding grade.
Motion carried unanimously.
Amendment 1173; 9-1404; Page 252
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to add the following at the end of the
current wording:
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However, if any permanent access is
constructed pursuant to an agreement
entered into under this section and
such construction would otherwise
render the structure(s) located on
the subject lot(s) nonconforming
under any other section of these
regulations, then such structure(s)
shall be considered conforming
under those other section(s)
regardless of the terms thereof.
II 194
Motion carried unanimously.
Amendment - HEIGHT: 3-101 H-3: Page 18
Motion was made by Commissioner Lytton and seconded by
Commissioner Freeman to substitute the following language
for the current wording:
Height means the vertical distance
between average grade and the highest
part of any structure, including
mechanical equipment, but excluding:
chimneys, spire and steeples on
structures utilized for institutional
and public uses only, radio or televi-
sion antenna, flag poles, solar
apparatus, and utility poles. However,
in no event shall any of the exclusions
enumerated above be construed to permit
any habitable or useable space to exceed
the applicable height limitations. In
the case of Airport Districts, the
height limitations therein shall be
absolute and the exclusions enumerated
above shall not apply.
Motion carried unanimously.
Prior to the close of the meeting, Mayor Hernandez
read a letter from the Key Haven Civic Association stating
their opposition to the operation of Bed and Breakfast units
on Key Haven.
There being no further business, the meeting was
adjourned.
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PROPOSED TEXT AIlE....,.,
PROPOSED AMENDMENT: nuaerous/9-214
PAGE: 130, etc.
various amendments
pre-existing RU-8
f 0'1 lows :
,
to create a new dist.rict which
(condominium recreational vehicle
recoqnizes
parks) as
-
(1) add on page 130, a new sections, 9-214 A, noted below:
Section 9-214A-Recreational Vehicle-Pe~n.ftt. District
A. The following uses are peraitt.ed as of right in the Recrea-
tional Vehicle-P.~n.nt District.
4.
1.
2.
existin
3.
'..
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c. Expansion of previously zoned .U-8 or cooperative parks
which qualify under A.4, above, are not ~~itt.d expansion, but
may trovide additional use only a. quaIl .4 und.r previous RU-8
requ ation..
D. For the purposes of this section, the relevant repealed provi-
sions of the RU-8 cond~iniua district, fonaerly referred to as
Sec. 19-203 of the old code, are hereby incorporated as found
in the below references. .
1. peraitt..d u... .ball be the .t~ a. currently found in
Sec. 9-214, "creational Vebiole Di.trict, unless
specifically provided for in Bee. '-214(A) above.
2. Dev.lo~nt requir...nt., unle.. .,.cifically provided
for in Sec. 9-214(B) aboye, shall be a. follows:
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(a)
(b)
(c)
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(d)
the site proposed shall contain not l.ss than
twenty (20) acres, shall bave Dot le.s than eighty
(80) spaces caapIeted and available at first
occupancy, and shall haye no .ore tha. ten (10)
recreational vehicle spaces per gross acre.
if an addition to an existi., park is ,less than
five (5) acres, each space shall be at least two
thousand (2,000) square feet.
each site or space shall be a least thirty (30)
feet in width where it ab.ts Oft a driveway or
accessway, (and) said driveway or acce.sway shall
have unobstructed access to a stre.t. Such driveway
or acceBsway shall have an all-.eatber roadway not
les8 than twenty (20) feet in width aad adequately
lighted. A paved or all ve.~r surface not less
than ten (10) feet in width shall be provided for
both the recreational vehicle and autoaobile parking
space on each site.
a potable water supply shall be furnished each site.
No recreational vehicle shall be loca~.d more than
two hundred (200) fe.~ from approved toiletfacili-
ties, except that this provision shall be deemed to
have been met when approv.d sewage hookup8 are sup-
plied to individual Bites, and where the unit to be
placed on the site is provided with adequate toilet
facilities.
garbage, trash and refuse coll.ction shall be
furnished to each site.
the development shall have a sewage disposal system
approved by the county waste and disposal board and
the departaent of .nvironBental r.qulation of the
state. ::
porches, additions and other apport..ance tor.c-
reational vehicles, campers ana tents sball comply
with this section and the building oode of Monroe
County.
a recreational are. shall be provid.d and maintain-
ed equivalent to two hundred (200) equare feet of
land area for each site or space within the develop
..nt. Such recreation area ahall not be longer
than two (2) times its width and shall be maintained
in a clean, safe aaa pr....table condition.
display or sale of recreatioaal vehicles or any
secondhaad articl.. is prohibited within the
develo,.entJ excep~ that aD ..occupe4 unit
previously occupied on the .... site, or an
occupied unit, may be sold by the owner on that
site, together with any appurtenant equipment.
(e)
( f)
(g)
....
(h)
(i)
3. Prior to the conversion of any recreational trailer
parks, or the establishing of c0D4ominiua recreational
tailer parks, the developer thereof shall file a plat
in the public records of Monroe Coanty, to be approved
by the county c~issioD, indicating and showing each
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and every parcel that is intended to be part of the
condominium. No transfer of lots shall OCODY, or any of
the properties in said condominiua recreational vehicle
park, until such plat has be.. approved and filed. Any
and all docuaentation required ....r chapter 718, as
amended, Florida Statutes, sball be fil84 ia duplicate
in the clerk's office as a condition prece4ent to the
approval of a plat establishing a condominium recrea-
tional vehicle park. In no respect ahall such parks be
permitted in this county as coedoaiaiuae until legal
requisites have been fulfilled.
(2) add on page 100, a new sectioD 9-115, aoted belowl
Section 9-115 A Recreational Vehicle-peraaaent District (RVP
to
c
(3) add on page 97, under Sec. 9-102, and renuaber sequence:
14. Recreational Vehicle-perma.eat District
(4) amend Sec. 3-101, page 26, it.. R-4.
by adding two sentences:
Recreational Vehicle,
SOURCE: John Stormont
DISCUSSION: Staff feels this proposal can be aore appropriate-
ly addressed by a04ifying the bulk replations .s proposed by
amendaent t130. While this proposal is very c~reh.n8ive, it
forces the us. of r...lation8 which have been repealed.
STA'l"US:
PC action: DO rec~.F.n4ation.
5/26/87 ...04175
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Sec. 12-101(B) is amended to read as follows:
B. Payment of Fair Sh.re ree Prior to Issuance of a
Certificate of Occupancy. A "'air share Transportation Fee"
shall be paid by any perlon, including any love~ntal agency,
prior to receiving a certificate of occupancy for any new land
development activity generating traffic that creates measurable
increased demand on the County's ..jar road network system.
--
Sec. 12-101(C)(1) is amended to read a. follows:
C. Establishment of re. Schedule.
1. Any person who shall initiate any new land
development activity generating measurable traffic except those
preparing a Traffic Impact Analysis pursuant to Subsection D of
this Section, shall pay, prior to the i.8uance of a certificate
of occupancy, a "Fair Share Transportation Fee" as established by
the following fee schedule:
Sec. 12-101(D)(1) 1.s amended to read as follows:
D.
ment Activit
Ana ysis.
1. Any person who shall initiate any land
development activity generating measurable traffic may chaose to
provide an individual assessment of the deaand the proposed land....
development activity will place on the County's major road
network system in order to show that the capital expansion costs
necessitated by the proposed land develo,.ent activity are less
than the Fair Share Fee established in Subsection C of this
Section.
Sec. 12-101(1) is amended to read as follows:
E. Time and Atilount of Payaent. No certificate of
occupancy shall be issued until any applicable "Fair Share
Transportation Fee" is paJd. If, in the ti.e betw,en the date of
the building ~ermit applic1!.tion and 'the date of the request for a
certificate of occupancy, the applicable "'air Share Transporta-
tion Fee" a.ount is alterE!d, the fee due shall be the lower of
the two amounts.
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Sec. 12-102(B) is amended to read as follows:
B. Time and Amount of Pa~nt. No certificate of
occupancy for a permanent or temporary residential unit shall be
issued until any applicable "Fair Share Park Fee" 18 paid. If, in
the time between the date of the building permit application and
the date of the request for a certificate of occupancy, the
applicable "Fair Share Park Fee" amount is altered, the fee due
shall be the lowest of the two a8OUnts.
Sec. 12-102(C)(1) is amended to read as follows:
C. Fair Share Park Fe. to b. I-.osed on Wew Residen-
tial Land Develop~nt ActiVlt~.
1. l'a:YWl8nt of lair Share Fee Pri.!r to Issuance
of a Certificate of Occu anc. Any person who shall receive a
cert1 1cate 0 occupancy or any new residential land development
activity that places an increased demand on the County's C~ni-
ty Park Facilities shall pay a "'air Share Park Fee" as follows:
Sec. 12-103(B) is amended to read as follows:
B. Time and AIPOunt of Pamnt. No certificate of
occupancy shall be. issued tor any res dential unit until the
applicable "Fair Share Library lee" is paid. If, in the time
between the date of the building permit application and the date
of the request for a certificate of occupancy, the applicable
"Fair Share Library Fee" amount is altered, the fee due shall be
the lower of the two ..ounts.
~
Sec. 12-103(C)(1) is amended to read as follows:
C. Fair Share Lib~ar~ Fee
Residential Land Development Actlv ty.
1. Pa~ent of 'air Share Fee Prior to Issuance
of a Certificate of Dce aDC. Any person who shall receive a
cert cate 0 occupancy or any new residential land development
activity that places an increased demand on the County's Library
Facilities shall pay a "Fair Share Library Fee" a8 follows:
to be
Imposed on New
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Sec. 12-104(B)(I) is amended to read as follows:
B. Fee Schedule.
, 1. Prior to the issuance of a certificate of
occupancy, all land development, except for a'rlieants who opt to
make their own independent calculation, shal' pay a Fair Share
Solid Waste Fee, as established by the following temporary fee
schedule:
Sec. 12-104(0) is amended to read as follows:
D. Time and Amount of Pa~nt. The "Fair Share Solid
Waste Fee" shall be paid prior to the iSBuance of a certificate
of occupancy. If, in the time between the date of the building
permit application and the date of the request for a certificate
of occupancy, the applica~le "Fair Share Solid Waste Fee" amount
is altered, the fee due shall be the lower of the two amounts.
All funds collected shall be properly identified by Subdistrict
and promptly transfer_red to the Monroe County Administrator's
Office for deposit in the appropriate trust fund to be held in
separate accounts as determined in Subsection F of this Section
and used solely for the purpose as established by this Section.
Sec. 12-105(B)(I) is amended to read as follows:
B. Fair Share Police Fee to be Imposed on New Res-
idential Land Development Activity.
1. Fee. Any person who shall initiate any new
land development actIVIty generating'a need for police facilities ~.
except for those applicants who prepare a Police Facilities ~
Impact Analysis pursuant to Subsection 2 of this Section, shall
pay, prior to the issuance of a certificate of occupancy, a "Fair
Share Police Facilities Fee" as established by the following
temporary fee schedule:
Sec. 12-105(C) is amended to read as follows:
C. Time and Amount of Pa~ent. No certificate of
occupancy shall be issued until any app icable "Fair Share Police
Fee" is paid. If, in the time between the date of the building
permit application and the date of the request for a certificate
of occupancy, the applicable "Fair Share Police Fee" amount is
a1 tered, the fee amount due shall- be the lower of the two
amounts.
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