Ordinance 019-1993FILED FOR RECORD Mayor London
ORDINANCE NO. 0 1 9'-1 3
AN ORDINANCE AMENDING SECTION 9:*5=21MONROE COUNTY
CODE, IN ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS- REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTION 9.5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SUBJECT TO DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL
DECISION FROM THE COUNTY COMMISSION AS PROVIDED BY
GENERAL LAW; AMENDING SECTIONS 9.5-407 AND 9.5-409,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT DECISIONS
OF THE PLANNING COMMISSION CONCERNING SIGNS MAY BE
APPEALED TO A HEARING OFFICER; AMENDING SECTION 19-218,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT PLANNING
COMMISSION DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION, AMENDING SECTION 9.5-521, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; AMENDING
SECTION 9.5-523, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEARING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER
95, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER'S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Sec. 9.5-21, Monroe County Code, is hereby
amended to read as follows:
Sec. 9.5-21. Board of county commissioners.
In addition to any authority granted the board of
county commissioners by state law or the Code or
Ordinances of Monroe County, the board of county
commissioners shall have the following powers and
duties:
(a) To adopt and amend the official land use
development map and existing conditions map after
recommendation by the planning commission;
(b) To initiate amendments to the text of this
chapter and the plan;
(c) To hear, review and adopt amendments to the
text of these regulations after recommendation by the
planning commission;
(d) To act upon applications for variances from
the elevation requirements of the floodplain management
regulations of the plan;
(e) To designate and appoint a hearing officer to
make recommendations in regard to determinations of
vested rights or such other decisions as the board may
deem appropriate;
(f) To take such other action not delegated to
the planning commission as the board of county
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commissioners may deem desirable and necessary to
implement the provisions of these regulations and the
plan; and
(g) The following board hearings may be held in
Key West, Marathon or Plantation Key/Key Largo areas
depending on which site is the closest to the property
involved: conditional use permits which are also
developments of regional impact or are to be the
subject of development agreements; plat approvals;
floodplain management variances; adoption of findings
of fact and orders for beneficial uses and vested
rights; designations of archaeological, historical or
cultural landmarks; designations of areas of critical
county concern or any modification of such
designations; appeals of the planning director's
decisions on impact fees; amendments to the land use
district maps; and any other item which the board, in
its discretion, decides should be heard at a specific
site. In the event a proposed area of critical county
concern will affect various properties a portion of
which are closest to one hearing site and a portion of
which are closest to another, then at least one (1)
hearing shall be held at each site before any final
board action may be taken.
(h) In the case of conditional use permits which
are also developments of regional impact or are condi-
tional use permits which are to be the subject of
3
development agreements under Secs. 163.3225, et seq.,
Fla. Stat., then the county commission shall conduct
such public hearings and grant or deny the conditional
use permit approval as required by general law.
Section 2. Section 9.5-46(8), Monroe County Code, is
hereby amended to read as follows:
(8) Record:
a. The body conducting the hearing shall record
the proceedings by any appropriate means which shall be
transcribed at the request of any person upon applica-
tion to the county administrator• and payment of a fee
to cover the cost of transcription or duplication of
the audio record or tape. Except however, if a person
desires to appeal a decision of the planning commission
pursuant to the hearing officer appellate article such
person shall, at his own expense, provide a transcript
of the hearing before the planning commission tran-
scribed by a certified court reporter.
b. The transcript, all applications, memoranda,
or data submitted to the decision -making body, evidence
received or considered by. the decision -making body,
questions and proffers of proof, objections, and
rulings thereon, presented to the decision -making body,
and the decision, recommendation or order of the
decision -making body shall constitute the record.
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C. All records of decision -making bodies shall
be public records, open for inspection at reasonable
times and upon reasonable notice.
Section 3. Sec. 9.5-69(e), Monroe County Code, is hereby
amended to read as follows:
(e) Appeal of a conditional use approved by the
planning commission.
The applicant, an adjacent property owner, or any
aggrieved or adversely affected person, as defined by
Florida Statutes section 163.3215(2), or any person who
presented testimony or evidence at the public hearing
conducted pursuant to subsection (c), may request an
appeal of the planning commission's major conditional
use decision under the hearing officer appellate
article of these regulations by filing the notice
required by that article within thirty (30) days after
the publication of notice or sending of the written
notice by the county, whichever is later.
Section 4. Sec. 9.5-70(e), Monroe County Code, is hereby
amended to read as follows:
(e) Final Plan Approval: Unless final develop-
ment plan approval has been reserved to the planning
commission as a condition of approval of a conditional
use permit or by the provisions pertaining to that land
use district, the director of planning, upon a finding
of conformity with the conditional use approval, shall
prepare a report of his findings. If final action of a
5
final development plan has been reserved to the plan-
ning commission, the planning commission shall hear it
at a regularly scheduled meeting and upon the recommen-
dation of the planning director shall approve a final
development if it is deemed to be in conformity with
conditional use approval. If the plan is not in
conformity, the planning commission 'shall return the
final plan to the applicant with a written statement of
the changes that would make the final plan conform.
The planning commission shall consider the final plan
at a regularly scheduled hearing when requested by the
applicant. Any final plan rejected by the planning
commission shall be deemed null and void if not resub-
mitted within one hundred eighty (180) days, unless
tolled by the filing of an appeal under subsection
9.5-70(e)(2), Monroe County Code.
Section 5. Sec. 9.5-70(e)(2), Monroe County Code, is hereby
created to read as follows:
(2) The holder of an approved conditional use
whose final development plan has been denied by the
planning commission may request an appeal hearing
before a hearing officer under the hearing officer
appellate article of these regulations by filing the
notice required by that article within thirty (30) days
of the date of the date of the written denial of the
planning commission.
C:
Section 6. Sec. 9.5-71(b), Monroe County Code, is hereby
amended to read as follows:
(b) Prior to the expiration of the time periods
described in section 9.5-72(a)(1) and the commencement
of any construction, the owner of any property which is
the subject of a recorded conditional use approval and
who desires to abandon such approval shall submit a
petition that shall be processed as a major conditional
review. The resolution shall be a recordable instru-
ment. If the major conditional use,. which is the
subject of the recorded approval, has been constructed,
or partially constructed, the owner of the site may
petition the planning commission for the release, which
shall also be by a major conditional review, but the
body shall not grant such a petition unless it finds
that the major conditional use has been abandoned or is
presently in an irrevocable process of abandonment.
Section 7. Sec.. 9.5-72(a)(1), Monroe County Code, is hereby
amended to read as follows:
(1) Unless otherwise specified in the approved
conditional use approval, application for a building
permit(s) shall be made within six (6) months of the
date of the approval of the conditional use, and all
required certificates of occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit, or the conditional use ap-
proval shall become null and void with no further
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action required by the county. Approval time frames do
not change with successive owners. An extension of
time may be granted only by the planning commission for
a period not to exceed one (1) year and only within the
original period of validity. When a hearing officer
has ordered a conditional use approval initially denied
by the planning commission, the planning commission
shall nonetheless have the authority to grant or deny a
time extension under this section. If the planning
commission denies a time extension, the holder of the
conditional use may request an appeal of that decision
under the hearing officer appellate article of these
regulations by filing the notice required by that
article within thirty (30) days of the written denial
of the planning commission.
Section 8. Sec. 9.5-72(b)(4), (5) and (6) Monroe County
Code, are hereby amended to read as follows:
(4) Major deviations: If the holder of an
approved conditional use wishes to make an adjustment
to the approval that is not a minor deviation, approval
of the planning commission in accordance with the
provisions of subparagraph (5) must be obtained. If
the director of planning finds that the development is
not proceeding in substantial accordance with the
approved plans or schedule or that it fails in any
other respect to comply with the conditional use
approval issued or any provision contained in this
E
chapter, that director shall immediately notify the
development review coordinator 'and the planning
commission and may, if necessary for the protection of
the public health, safety or welfare, notify the
building official to issue a temporary order stopping
any and all work on the development until such time as
any noncompliance is cured. No action may be taken by
the planning commission which effectively amends the
conditional use approval except by way of the
procedures set out in section 9.5-69.
(5) Action by the planning commission: Within
thirty (30) working days following notification by the
director of planning that work is not proceeding in
substantial accordance with the approved plans or
schedule or in some other respect is not in compliance
with the conditional use approval, the commission
shall:
a. Determine that action be taken to bring
development into substantial compliance; or
b. Determine that the conditional use approval
be revoked; or
C. Authorize adjustments to the approved condi-
tional use approval when such adjustments appear
necessary in light of technical or engineering consid-
erations first discovered during actual development and
not reasonably anticipated during the initial approval
process. Such adjustments shall be consistent with the
9 1
M
intent and purpose of the conditional use approval as
permitted, and shall be the minimum necessary to
overcome the particular difficulty. No adjustment
shall be inconsistent with the requirements of this
chapter. Prior to considering action on such adjust-
ments, the planning commission shall make inquiry of
any person or persons having information which may
relate to the basis for consideration of an adjustment,
but shall act as promptly and as expeditiously as
possible. If the planning commission determines that
an adjustment is necessary, it may, without public
hearing, approve the following adjustments, provided
that such adjustments do not have the effect of reduc-
ing the open space required under the provisions of
section 9.5-262 or 9.5-343:
(i) Alteration of the bulk regulations for any
one (1) structure by not more than five (5) percent;
(ii) Alteration of the location of any one (1)
structure or group of structures by not more than ten
(10) feet;
(iii) Alterations of such other requirements or
conditions as were imposed in the approval of the
conditional use or in approval of the final development
plan by not more than five (5) percent or, in the case
of location, a variation of not more than ten (10) feet
from the location approved in the final plan, so long
10
as in all cases such adjustments are in accord with the
parameters established in the conditional use approval.
d. In the event the building official has issued
a temporary order stopping work as provided for herein,
the planning commission shall, within thirty (30)
working days from the date of the issuance of the
temporary order:
(i) Proceed to revoke the conditional use
approval; or
(ii) Overrule the action of the building offi-
cial, in which case the temporary order shall immedi-
ately become null and void.
(6) The holder of a conditional use approval
aggrieved by the decision of the planning commission
made pursuant to paragraph (5), may request an appeal
before a hearing officer under the hearing officer
appellate article of these regulations by filing the
notice required by that article within thirty (30) days
of the date of the written decision of the planning
commission.
Section 9. Sec. 9.5-72(d) Monroe County Code, is hereby
amended by the addition of:
(3) The holder of a conditional use approval
aggrieved by the decision of the planning commission
pursuant to subparagraph two (2) may request an appeal
hearing before a hearing officer under the hearing
officer appellate article of these regulations by
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filing the notice required by that article within
thirty (30) days after the date of the written decision
of the planning commission.
Section 10. Sec. 9.5-73 Monroe County Code, is hereby
amended to read as follows:
A conditional use permit may be amended, extended,
varied or altered only pursuant to the standards and
procedures established for its original approval or as
otherwise set forth in this article.
Section 11. Sec. 9.5-75 Monroe County Code, is hereby
created to read as follows:
Sec. 9.5-75. Developments of regional impact and
development agreements.
Notwithstanding anything contained in this article
or elsewhere in the Monroe County land development
regulations, when a conditional use is also a develop-
ment of regional impact or is to be the subject of a
development agreement under Secs. 163.3225, et seq.,
Fla. Stat., the final development approval, and the
approval of any deviations therefrom, shall be reserved
to the county commission as provided by general law
with no right of appeal to the hearing officer.
Section 12. Sec. 9.5-407(c)(4), Monroe County Code, is
hereby created to read as follows:
(4) Any person participating as an appellant or
appellee in any planning commission hearing held
pursuant to this subsection of Sec. 9.5-407, Monroe
12
County Code, may request an appeal of the planning
commission's decision under the hearing officer appel-
late article of these regulations by filing the notice
required by that article within thirty (30) days after
the date of the written decision of the planning
commission.
Section 13. Sec. 9.5-409(b)(5), Monroe County Code, is
hereby amended to read as follows:
(5) Any person having an interest in the sign or
the property may appeal the determination of the code
enforcement official ordering removal or compliance by
filing an appeal pursuant to Sec. 9.5-521, Monroe
County Code.
Section 14. Sec. 19-218(i) Monroe County Code, is hereby
amended to read as follows:
(i) Appeals: All persons aggrieved by the
actions of the planning commission in granting or
denying requested alcoholic beverage permits may
request an appeal hearing before a hearing officer
under the hearing officer appellate article (Art. XIV,
Chap. 9.5, Monroe County Code) by filing the notice
required by that article within thirty (30) days after
the date of the written decision of the planning
commission.
Section 15. Sec. 9.5-521(d), (e) and (f), Monroe County
Code, are hereby amended to read as follows:
13
(d) Effect of Filing an Appeal: The filing of a
notice of appeal shall stay all permit activity and any
proceedings in furtherance of the action appealed from
unless the administrative official rendering such
decision, determination or interpretation certified in
writing to the planning commission and the applicant
that a stay poses an imminent peril to life or
property, in which case the appeal shall not stay
further permit activity and any proceedings. The
commission shall review such certification and grant or
deny a stay of the proceedings.
(e) Action of the commission: The planning
commission shall consider the appeal at a duly called
public hearing following receipt of all records
concerning the subject matter of the appeal. Any
person entitled to initiate an appeal may have an
opportunity to address the commission at that meeting;
and argument shall be restricted to the record below
except that a party appealing an administrative
decision, determination or interpretation shall be
entitled to present evidence and create a record before
the planning commission; any appeals before the hearing
officer shall be based upon and restricted to the
record.
(f) Appeal to hearing officer. Any person
participating as an appellant or appellee at the
hearing described in subsection (e) of this section may
14
request an appeal of that decision under the hearing
officer appellate article of these regulations by
filing the notice required by that article within
thirty (30) days after the date of the written decision
of the planning commission.
Section 16. Sec. 9.5-523(d) Monroe County Code, is hereby
amended to read as follows:
(d) An application for a variance shall be
submitted to the development review coordinator in a
form prescribed by the planning director. The devel-
opment review coordinator shall schedule a hearing on
the variance upon receipt of a completed application.
The notice requirements shall be those described in
section 9.5-45. All applications for variances under
this section shall be heard and decided by the planning
commission at a regularly scheduled public hearing.
Appeals may be filed by an owner, applicant, adjacent
property owner, any aggrieved or adversely affected
person as defined by Sec. 163.3215(2), Fla. Stat., or
any resident or real property owner may request an
appeal of the planning commission's variance decision
under the hearing officer appellate article of these
regulations by filing the notice required by that
article within thirty (30) days of the date of the
written variance decision of the planning commission.
Section 17. Article XIV, Chap. 9.5, Monroe County Code, is
hereby created to read as follows:
15
ARTICLE XIV. HEARING OFFICER APPELLATE ARTICLE
Sec. 9.5-535. Jurisdiction.
Hearing officers shall review by appeal planning
commission action when authorized by the Monroe County
land development regulations or Chap. 19, Monroe County
Code.
Sec. 9.5-536. Invocation of jurisdiction.
The jurisdiction of the hearing officer under this
article shall be invoked by filing a copy of the notice
of the appeal and the filing fee with the secretary to
the planning commission. The county commission shall
establish a reasonable filing fee. The form of the
notice shall be prescribed by the planning director.
Sec. 9.5-537. Preparation of the record.
Within thirty (30) days of filing the notice, the
secretary shall prepare the record prescribed in
Section 4 of this article and serve copies of the index
of the record on all parties. Within ninety (90) days
of the filing of the notice, the secretary shall
transmit the record to the hearing officer and copies
to all parties. The county commission may establish
reasonable fees for copies furnished the parties.
Sec. 9.5-538. Contents of the record.
(a) The record in a case governed by this article
shall consist only of:
(1) All applications, memoranda, or data
submitted to the planning commission;
16
(2) Evidence received or considered by the
planning commission;
(3) Questions and proffers of proof, ob-
jections, and rulings thereon, presented to the plan-
ning commission;
(4) The transcript of the hearing before the
planning commission transcribed by a certified court
reporter at the expense of the appellant and furnished
to the secretary; and
(5) The order of the planning commission.
(b) The secretary shall prepare the record in the
following fashion:
(1) Upon receipt of the transcript from the
court reporter, each page shall be consecutively
numbered. The transcript shall be securely bound in
consecutively numbered volumes not to exceed 200 pages
each.
(2) The remainder of the record, including
any supplements, shall be consecutively numbered and
securely bound in volumes not to exceed 200 pages.
(3) The secretary shall prepare a complete
index to the record.
(c) The burden to ensure that the record is
prepared and transmitted to the hearing officer and the
parties shall be on the appellant.
(d) If there is an error or omission in the
record, the parties by stipulation, the planning
17
commission, or the hearing officer may correct the
record. If the hearing officer finds the record
incomplete, he shall direct a party to supply the
omitted parts of the record. No case shall be decided
because the record is incomplete until an opportunity
to supplement the record has been given.
(e) The record shall be returned to the secretary
after the disposition of the case by the hearing
officer.
Sec. 9.5-539. Contents of the briefs.
(a) The appellant's initial brief shall be filed
with the hearing officer and served on the parties
within fifty (50) days of the filing of the notice.
The appellee's answer brief shall be filed and served
within twenty (20) days of service of the initial
brief. The appellant's reply brief, if any, shall be
filed and served within ten (10) days of service of the
answer brief.
(b) The contents of the initial brief shall
include:
(1) A table of contents listing the issues
presented for review, with reference to pages.
(2) A table of citations with cases listed
alphabetically, statutes and other authorities and the
pages of the brief on which each citation appears.
(3) A statement of the case and of the
facts, which shall include the nature of the case, the
04:
course of the proceedings, and the disposition in the
lower tribunal. References to the appropriate pages of
the record or transcript shall be made.
(4) A summary of argument, suitably para-
graphed, condensing succinctly, accurately, and clearly
the argument actually made in the body of the brief.
(5) Argument with regard to each issue.
(6) A conclusion, of not more than one page,
setting forth the precise relief sought.
(c) The contents of the answer brief shall be
prepared in the same manner as the initial brief
provided the statement of the case and facts shall be
omitted unless there are areas of disagreement, which
should be clearly specified.
(d) Contents of the reply brief shall contain
argument in response and rebuttal to argument presented
in the answer brief.
(e) The initial and answer briefs shall not
exceed 50 pages in length. Reply briefs shall not
exceed 15 pages in length. The table of contents and
the citation of authorities shall be excluded from the
computation.
Sec. 9.5-540. Oral argument and the contents and
effect of the hearing officer's order.
(a) Within sixty (60) days of the filing of the
briefs and the record, the hearing officer shall
schedule the case for oral argument.
r
19
r
(b) Within forty-five (45) days of oral argument,
the hearing officer shall render an order which may
affirm, reverse or modify the order of the planning
commission. The hearing officer's order may reject or
modify any conclusion of law or interpretation of the
Monroe County land development regulations or compre-
hensive plan in the planning commission's order,
whether stated in the order or necessarily implicit in
the planning commission's determination, but he may not
reject or modify any findings of fact unless he first
determines from a review of the complete record, and
states with particularity in his order, that the
findings of fact were not based upon competent substan-
tial evidence or that the proceeding before the plan-
ning commission on which the findings were based did
not comply with the essential requirements of law.
(c) The hearing officer's final order shall be
the final administrative action of Monroe County.
Sec. 9.5-541. Motions and sanctions.
Upon the application of any party, the hearing
officer may grant relief under this article or impose
sanctions for the failure of a party to comply with
this article, including the striking of untimely,
irrelevant or scandalous portions of a brief or the
record or the dismissal of an appeal, as the interests
of justice may require. An application for an order
seeking sanctions for failure of a party to comply with
20
this article or for other relief under this article
shall be made by filing a motion stating the sanction
or relief sought and the basis therefor with the
hearing officer and serving a copy on the opposing
party. A motion for an extension of time shall, and
other motions may, contain a certificate from the
movant or his counsel that he has consulted the oppos-
ing parties or, if they have counsel,'opposing counsel
and that he is authorized to represent that they have
no objection or that they will promptly file an ob-
jection. A party may file and serve one response to a
motion within ten (10) days of service of the motion.
The service and filing of a motion shall not toll the
time by which any act must be performed under this
article unless so ordered by the hearing officer.
Within fifteen (15) days of the filing of the motion or
the response as appropriate, the hearing officer shall
grant any sanction or relief as may be appropriate but
shall not dismiss any appeal without affording the
appellant at least one opportunity to correct the
offending error.
Sec. 9.5-542. Automatic stay of order to be reviewed.
The filing of an appeal under this article shall
operate as an automatic stay on the effectiveness of
any development order to be reviewed unless the stay is
dissolved by the hearing officer upon the motion of a
21
yL.
party showing that the interests of justice require
such dissolution.
Section 17. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 15. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 19. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 20. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 25th day of
May
A.D., 1993.
Mayor London
Y
Yes
APPROVED AS TO FORM
i NO LEGAMR NCY.
Mayor Pro Tem Cheal
—4es
Commissioner
Freeman
Yes
o
Art
Commissioner
Harvey
No
Date
Commissioner
Reich
No
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By C.
Deputy er
EFFECTIVE DATE:
BOARD OF COUNTY COMMISSIONERS
OF MONROF. COUNTY, FLORIDA
By
22
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r ¢uJjt�,pM CUip`�OG9�
G? .N
P
�att�p �L. �oi�jage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
June 1, 1993
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud
Bureau.of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No.
019-1993, Amending Section 9.5-21, Monroe County Code, in order
to delete the requirement that the County Commission hear Appeals
regarding conditional use approvals except in cases of
developments of regional impact and statutory development
agreement, etc.
This Ordinance was adopted by the Monroe County Board
of County Commissioners at a Regular Meeting in formal session on
May 25, 1993. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
Deputy Clerk
cc: Lou ry Administrator
County Attorney
County Commission
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State g
DIVISION OF ELECTIONS
Room 2002, The Capitol, Tallahassee, Florida 32399-0250 1
(904) 488-8427
June 3, 1993
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of June 1, 1993 and certified
copy of Monroe County Ordinance No. 93-19, which was filed in
this office on June 3, 1993.
Sinc rely,
3 L &".
Liz Cloud, Chief
Bureau of Administrative Code
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•Complete items 3, and 4a & b.
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Print your name and address on the reverse of this form so
return
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that we can
following services (for an extra
fee):
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> • Attach this form to the front of the mailpiece, or the
on back
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1. Addressee's Address
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+_+ • The Return Receipt will show to whom the article was delivered and the date
2 ❑Restricted Delivery
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-o 3. Article Addressed to:
4a. Article Number
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P 343 641 750
BUREAU OF ADMINISTRATIVE CODE
4b. Service Type
0 DEPARTMENT OF STATE
❑ Registered ❑ Insureci
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THE CAPITOL
❑ Certified ❑ COD
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TALLAHASSEE, FL. 32301
❑ Express Mail ❑ Return Receipt for
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7. Date of DeliveryCC
5. Signature (Addressee)
8. Addressee's Address (Only if requested
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j Form 381 ecemb r 1991 tr U-S-76P.0.: 1992-307-530 DOMESTIC RETURN RECEIPT
I
MUNICIPk ODE- CDRPCRATION
I SuPpleRent nepar+Rant
Rn
Tallar;aszee, Fi 323i5-2235 -
upplemer�t 49 1b/0131,93
We ha-ve 'e cried the following ii-tErial.
S ii- ?4'r -Coilr ASSl StanC2 an% =oo-er;-> 011.
Ordinance Nos. 012-1993 aP,'d^r��'
' - iy •1
1-�.-bi-llj i �YC II �Jrial h;�L
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Monroe '.ounty
500 Wrl tehead Street
Key pest, FL 331040
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a
JUL t
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 CENTERVIEW DRIVE T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 0 0
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor Secretary
July 21, 1993
T L,
BY TELEFAX AND U.S. MAIL f�
Randy Ludacer
Monroe County Attorney
310 Fleming Street
Key West, FL 33040
Re: Rule Approval of Ordinance No. 19-1993
Hearing Officers in Administrative Appeals
Dear Randy:
Enclosed is a copy of the approval rule reflecting a filing
date with the Secretary of State of Monday, July 19, 1993.
Very truly yours,
Sh ?ryv Sp rs
Assistant General Counsel
r� (904) 488-0410
/ss
Enclosure
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
C�
a
JUL t
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 CENTERVIEW DRIVE T A L L A H A S S E E, FLORIDA 3 2 3 9 9- 2 1 0 0
LAWTON CHILES LINDA LOOMIS SHELLEY
Governor Secretary
July 21, 1993
T L,
BY TELEFAX AND U.S. MAIL f�
Randy Ludacer
Monroe County Attorney
310 Fleming Street
Key West, FL 33040
Re: Rule Approval of Ordinance No. 19-1993
Hearing Officers in Administrative Appeals
Dear Randy:
Enclosed is a copy of the approval rule reflecting a filing
date with the Secretary of State of Monday, July 19, 1993.
Very truly yours,
Sh ?ryv Sp rs
Assistant General Counsel
r� (904) 488-0410
/ss
Enclosure
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
CERTIFICATION OF
DEPARTMENT OF COMMUNITY AFFAIRS ADMINISTRATIVE RULES t-4
FILED WITH THE
DEPARTMENT OF STATE
I do hereby certify:
[x] (1) The time limitations prescribed by paragraph
120.54(11)(a)., F.S., have been complied with; and
[x] (2) There is no administrative determination under
subsection 120.54(4), F.S., pending on any rule covered by this
certification..' and
[x] (3) All rules covered by this certification are filed
within the prescribed time limitations of paragraph
120.54(11)(b), F.S. They are filed not less than 28 days after
the notice required by subsection 120.54(1), F.S.., and;
[x] (a) Are filed not more than 90 days after the notice or
[ ] (b) Are filed not more than 90 days after the notice
not including days an administrative determination was pending;
or
[ ) (c) Are filed within 21 days after the adjournment.of
the final public hearing on the rule; or
[ ] (d) Are filed within 21 days after the date of receipt
of all material authorized to be submitted at the hearing; or
[ ] (e) Are -filed within 21 days after the date the
transcript was.received by this agency.
Attached are the original and two copies of each rule
covered by this certification. The rules are hereby adopted by
the undersigned agency by and upon their filing with the
Department of State.
r
Rule No. Specific Law Being Implemented
Rulemaking Interpreted or
Authority Made Specific
9J-14.016 380.0552(9), FS 380.0552(7) & (9), FS
Under the provision of paragraph 120.54(13)(a), F.S., the rules
take effect 20 days from the date filed with the Department of
State or a later date as set out below:
Effective:
(Month) (Day) (Year.)) l j
Sig ature, 'fir' on MithoriZed to
Certify Rules .
Secretary
Title
Number of Rule Pages Certified
DEPARTMENT OF COMMUNITY AFFAIRS
9J-14.016, FLORIDA ADMINISTRATIVE CODE APPROVAL OF
MONROE COUNTY ORDINANCE 019-1993
AMENDING THE COUNTY'S LAND DEVELOPMENT REGULATIONS
9J-14.016 Approval of Monroe County Ordinance 019-1993, amending
the County's land development regulations. The Department of
Community Affairs has determined that the amendment to the land
development regulations adopted by Monroe County Ordinance 019-
1993 is in compliance with the Principles for Guiding
Development for the Florida Keys Area of Critical State Concern,
Section 380.0552(7), Florida Statutes, and hereby approves same.
Specific Authority: 380.0552(9), F.S.
Law Implemented: 380.0552(7) and (9), F.S.
History - New
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
IN RE:
Proposed Rule 9J-14.016 )
(Approval of Monroe County )
Ordinance 019-1993 )
amending the County's land )
development regulations )
------------------------------------------
SUMMARY OF PUBLIC HEARING
No timely request for hearing was received by this agency;
therefore no hearing was held. [120.54(3), F.S.]
STATEMENT OF FACTS AND CIRCUMSTANCES
JUSTIFYING THE RULES.OF THE
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
In 1979, Monroe County and its incorporated municipalities
were designated as an Area of Critical State Concern under
Section 380.0552, Florida Statutes. Pursuant to Chapter 380,
Florida Statutes, the Department of Community Affairs is required
to approve by rule, local land use ordinances adopted by local
governments within designated Areas of Critical State Concern.
Rule 9J-14.016 is proposed pursuant to the requirements of
Section 380.0552(9), Florida Statutes, to approve a County
Ordinance amending the Monroe County land development regulations.
4
RULES OF
THE DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF RESOURCE PLANNING AND MANAGEMENT
RULE 9J-14
SUMMARY OF PROPOSED RULE 9J-14.016
Monroe County submitted to the Department of Community
Affairs, an amendment to its land development regulations, adopted
by Ordinance 019-1993, for review and approval. Section
380.0552, Florida Statutes, provides for the Department of
Community Affairs to approve or reject comprehensive plans, plan
amendments and land development regulations adopted by local
governments within the Florida Keys Area of Critical State
Concern by rule based upon their compliance with the Principles
for Guiding Development. Rule 9J-14.016 is proposed pursuant to
the requirements of Section 380.0552, Florida Statutes, to
approve Ordinance.019-1993 of Monroe County. The effect will be
to authorize the Board of County Commissioners to designate
Hearing Officers to hear certain administrative appeals of
actions by the County Planning Commission.
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, April 13, 1993, at 3:00 .p.m. at the Key Colony Beach
City Hall, Key Colony Beach, Monroe County, Florida, the Board of
County Commissioners of Monroe.County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE AMENDING SECTION 9.5-21, MONROE COUNTY
CODE, IN ORDER TO DELETE. THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES MAY BE
APPEALED TO A. HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTION 9.5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SUBJECT!7-O DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL.
C11- nCIS30tfi- FROM THE COUNTY COMMISSION AS PROVIDED BY
v NERAL)'-LAW; AMENDING SECTIONS 9.5-407 AND 9.5-409,
L-' MONROE2_ UNTY CODE, IN ORDER.TO PROVIDE THAT DECISIONS
OV THE-�cPLANNING COMMISSION CONCERNING SIGNS MAY BE
E A•PEALED,JO A HEARING OFFICER; AMENDING SECTION 19-218,
Mi�NROV=AUNTY CODE, IN ORDER TO PROVIDE THAT PLANNING
w COMMIO' M DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
AEAED PTO A HEARING OFFICER INSTEAD OF THE COUNTY
�►- COMMISSION, AMENDING SECTION 9.5-521, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; AMENDING
SECTION 9.5-523, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEARING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER
95, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER'S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF_MONROE COUNTY; PRO_V_IDING__FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearing or
meeting, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 18th day of March, 1993.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
i
ORDINANCE NO. -1993
Mayor London
AN ORDINANCE AMENDING SECTION 9.5-21, MONROE COUNTY
CODE, IN ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE .COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER -TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING. OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTION 9:5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SUBJECT TO DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL
DECISION FROM THE COUNTY COMMISSION AS PROVIDED BY
GENERAL LAW; AMENDING SECTIONS 9.5-407 AND. 9.5-409,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT DECISIONS
OF THE PLANNING COMMISSION CONCERNING SIGNS MAY BE
APPEALED TO A HEARING OFFICER; AMENDING SECTION 19-218,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT PLANNING
COMMISSION DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE, COUNTY
COMMISSION, AMENDING SECTION 9.5-521, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; AMENDING
SECTION 9.5-523, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEAPING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER
95, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER'S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE' BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
- —Section 1---Sec. 9-.-5-21--Monroe County Code, is hereby
amended to read as follows:
Sec. 9.5-21. Board of county commissioners.
In addition to any authority granted the board of
county commissioners by state law or the Code or
Ordinances of Monroe County, the board of county
commissioners shall have the following powers and
duties:
niRg-eemmissieR-regarding eenditieaal-use-permits*
fib} (a) To adopt and amend the official land use
development map and existing conditions map after
recommendation by the planning commission;
ke} (b) To initiate amendments to the text of
this chapter and the, plan;
Fd} (c) To hear, review and adopt amendments to
the text of these regulations after. recommendation by
the planning commission;
(d) To act upon applications for variances
from the elevation requirements of the floodplain
management regulations of the plan-;
kf} (e) To designate and appoint a hearing
officer to make recommendations in regard to
determinations of vested rights or such other decisions
as the board may deem appropriate;
2
4g} (f) To take such other action not delegated
to the planning commission as the board of county
commissione-r-s--may--deem------.desirable -and necessary to
implement the provisions of these regulations and the
plan; and
Eh(g) The following board hearings may be held
in Key West, Marathon or Plantation Key/Key Largo areas
depending on which site is the closest to the property
involved: major--ee-aditi6aa1--u9es; conditional use
permits which are also developments of regional impact.
or are to be the subject of development agreements;
plat approvals; floodplain management variances;
adoption of findings of fact and orders for beneficial
uses and"vested rights; designations•..of archaeological,
historical or cultural landmarks; designations of areas
of critical county concern or any modification of such
designations; appeals of the planning director's
decisions on impact fees; amendments to the land -use
district maps; appeals-e�-airpee3�ee-ti-si�trsr-o-f--Y�e
-
istrative--&ff!&!&I&1-s--_-r-otn--,de4_A-s4< rs--of--the
��&AAAg-�offiffl3ssio�l-3r�-l�i�rg-�i, and any other
item which the board, in its discretion, decides should
be heard at a specific site. In the event a proposed
area of critical county concern will affect various
properties a portion of which are closest to one
hearing site and a portion of which are closest to
3
another, then at least one (1) hearing shall be held at
each site before any final board action may taken.
(h)—
In- the --case
of
conditional
use
permits
which
---
are also
developments
of
regional impact
or are
condi-
tional use permits which are to be the subject of
development agreements under Secs. 163.3225, et seq.,
Fla. Stat., then the county commission shall conduct
such public hearings and grant or deny the conditional
use permit approvaa 1 as required by general law.
Section 2. Section 9.5-46(8), Monroe County Code, is
hereby amended to read as follows:
(8) Record:
a. The body conducting the hearing shall record
the proceedings by any appropriate means which shall be
transcribed at the request of any person upon applica-
tion to the county administrator and payment of a fee
to cover the cost of transcription or duplication of
the audio record or tape. Except however, if a person
desires to appeal a decision of the planning commission -
Pursuant to the hearing officer appellate article such
person shall, at his own expense, provide a transcript
of the hearing before the planning commission tran-
scribed by a certified court reporter.
b:---The-traeseript-e€-eral-p-eeeeedings;-ineludiag
t e s t imeny- -&Rd --s-t-&t-em+e!rtt-s - -o-f- - j>er-s D ra-- - e-p4.e3ens ; - -the
minutes --o-f-- the --all--app-l4-creti-ogre-; -exhibits
and--papei-g--si ftt-e -3-cz---ate --be-fefe--the
4
deelsion -maklag-beds;--t4-o_--rrepovt -arid&--reeommendation:-of
the- deper-tmeet-�rf--eommit-
tee;--r--•&t4rer--member--o€-Jgre--ee-ditty- •e.�n&-the
deeision --&Rd-�f---t-re--dee-is-ioe-making--belly
shall-eeastitute-tk.e-reeerd:
b. The transcript, all applications, memoranda,
or data submitted to the decision -making body, evidence
received or considered by the decision -making body,
questions and proffers of proof, objections, and
rulings thereon, presented to the decision -making body,
and the decision, recommendation or order of the
decision -making body shall constitute the record.
C. All records of decision -making bodies shall
be public records, open for inspection at reasonable
times and upon reasonable notice.
Section 3. Sec. 9.5-69(e), Monroe County Code, is hereby
amended to read as follows:
Fed--6eeslde�a��et�-�
�leael-�Fse`-�4p��o�ec�-� t�-Blewlag-ins-i-o�rr--All
de*aelepmea�-a�de�s-lsst�ed-by-the-plaxAleg-ee�lsslex�-la
regard- tom--arr=epplleatlee--fro-r--a-major -use
permit- shell- 4re--r,eced--oar-- �Tt-agen4&-at- -the -aext .
regularly --ale -s 3.Ar9--ef--the- d--frf--eetdAty
ee�lssleae�s--.�elle6alag--expl�a�lea--e�--a--�e��ed--e�
hl y-��-0�- 13eg rfrreg-t�pea-t ie--Re-iA g-o€-eetlee
by-the-planning-dlreeter:
R
Gene ideratiea- by- -t4h—_ -S®66-a-f--a--14e,}aP-Genditienal
Hse-- -Appr-&ve-& --the-- Rho}irrg--4DOM is-s-i r.----AII
de�ae�epmeat-order s-issued-by-tke-p}asaiag-eemmisaiea-in
regard--t---er+-appIleatIen--for--a-ow+or-tise
permit-ska-I-1-}re-_cn�-&-mitt-&geT+&&-$t,-tke-next
regularly- -sche-(k1-L-& - iaeet3qig - of- -the - -boev& - e-- - eouRty
eemm�.ss�ese�s--�e��era�ag--exp��e��ea--a€--e--pe��ed--e�
thirty- -open--tbe--sefr&iAlg--&f--net lee
by-tke-phasing-dlreeter:
Appeal of a conditional use approved by the planning
commission.
If --tire The applicant, an adjacent property owner, or
any aggrieved or adversely affected person, as defined
by Florida Statutes section 163.3215(2), or any person
who presented testimony or evidence at the public
hearing conducted pursuant to subsection (c), regxests
eetdaty- -vo-t-&s---t-o---re � -a- -development
ender- €roiR---tdie--eeagent--ag n<la-,---tke- b&&r-&-frf--eewnty
eemmissieners-she-1-1 -ec�iderr-the-
the -:reeer-d- -befrre-tie-plgRa}ag-eemmiss-Iea;
at --a- p461i-e-keertng---rot -later--tka+-sev--f-ivy-���}
days-€rem-the-date-ef-suiting-ef-Renee-by-the-planaiag
direeter- may request an appeal of the planning commis-
sion's major conditional use decision under the hearing
officer appellate article of these regulations by
R
filins the notice required by that article within
thirty (30) days after the publication of notice or
-----------sending-of -the written notice by the county, whichever
is later.
Section 4, Sec. 9.5-70(e), Monroe County Code, is hereby
amended to read as follows:
(e) Final Plan Approval: Unless final develop-
ment plan approval has been reserved .to the planning
commission as a condition of approval of a conditional
use permit or by the provisions pertaining to that land
use district, the director of planning, upon a finding
of conformity with the conditional use approval, shall
prepare a report of his f indings. If.final action of a
final development plan has been reserved to the plan-
ning commission, the planning commission shall hear it
at a regularly scheduled meeting and upon the recommen-
dation of the planning director shall approve a final
development if it is deemed to be in conformity with
conditional use approval. If the plan is not in
conformity, the planning commission shall return the
final plan to the applicant with a written statement of
the changes that would make the final plan conform.
The planning commission shall consider the final plan
at a regularly scheduled hearing when requested by the
applicant. Any final plan rejected by the planning
commission shall be deemed null and, void if not resub-
mitted within one hundred eighty (180) days, unless
7
tolled by the filing of an appeal under subsection
9.5-70(e)(2), Monroe County Code.
--- Section 5. Sec. 9.5-70(e)(2), Monroe County Code, is -hereby
created to read as follows:
(2) The holder of —an approved conditional use
whose final development plan has been denied by the
planning commission may request an appeal hearing
before a hearing officer under the hearing officer
appellate article of these regulations by filing the
notice required by that article within thirty (30) days
of the date of the date of the written denial of the
Planning commission.
Section 6. Sec. 9.5-71(b), Monroe County Code, is hereby
amended to read as follows:
(b) 'Prior to the expiration of the time periods
described in section 9.5-72(a)(1) and the commencement
of any construction, the owner of any property which is
the subject of a recorded conditional use approval and
who desires to abandon such approval shall submit a
petition that shall be processed as a major conditional
review. The resolution shall be a recordable instru-
ment. If the major conditional use, which is the
subject of the recorded approval; has been constructed,
or partially constructed, the owner of the site may
petition the approving -body planning commission for the
release, which shall also be by a major conditional
review, but the body shall not grant such a petition
E:1
L
unless it finds that the major conditional use has been
abandoned or is presently in an irrevocable process of
- abandonment. -
Section 7. Sec. 9.5-72(a)(1), Monroe County Code, is hereby
amended to read as follows:
(1) Unless otherwise specified in the approved
conditional use approval, application for a building
permit(s) shall be made within six (6) months of the
date of the -approval of the conditional use, and all
required certificates of occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit, or the conditional use ap-
proval shall become null and void with no further
action required by the county. Approval time frames do
not change with successive owners. An extension of
time may be granted only by the bedy- -el)p-vo-wiAlt --the
eenditioxal--ttee- r-ve-1 planning commission for a
period not to exceed one (1) year and only within the
original period of validity. When a hearing officer
has ordered a conditional use approval initially denied
by the planning_commission, the planning commission
shall nonetheless have the authority to grant or deny a
time extension under this section. If the planning
commission denies a time extension., the holder of the
conditional use may request an appeal of that decision
under the hearing officer appellate article of these
regulations by filing the notice -required by that
V]
article within thirty (30) days of the written denial
of the planning commission.
Section 8. Sec. 9.5-72(b)(4), (5) and (6) MonroeCo-unty_ -
Code, are hereby amended to read as follows:
(4) Major deviations: If the holder of an
approved conditional use wishes to make an adjustment
to the approval that is not a minor deviation, approval
of the planning commission in accordance with the
provisions of subparagraph- d--o-f--this subparagraph 44}
(5) must be obtained. If the. director of planning
finds that the development is not .proceeding in sub-
stantial accordance with the approved plans or schedule
or that it fails in any other respect to comply with
the conditional use approval issued or any provision
contained in this chapter, that director shall immedi-
ately notify the development review coordinator;. and
the planning commission and-the-beard-a€-eeuaty-eemmis-
seues-o-f--suck-aE-, and may, if necessary for the
protection of the public health, safety or welfare,
notify the building official to issue a temporary order
stopping any and all work on the development until such
time as any noncompliance is cured. No action may be
taken by the planning commission er-the-beard-ef-eeurty
eemmissieaers which effectively amends the conditional
use approval except by way of the procedures set out in
section 9.5-69.
10
M
(5) Action by the planning commission: Within
thirty 00) working days following notification by the
director' of planning that work is not proceeding ---in
substantial accordance with the approved plans or
schedule or in some other respect is not, in compliance
with the- conditional use approval, the commission
shall:
a. Determine that action be taken to'"bring
development into substantial compliance; or
b. Determine that the conditional use approval
be revoked; or
C. Authorize adjustments to the approved condi-
tional use approval when such adjustments appear
necessary in light of technical or engineering consid-
erations first discovered during actual development and
not reasonably anticipated during the initial approval
process. Such adjustments shall be consistent with the
intent and purpose of the conditional use approval as
permitted, and shall be the minimum necessary to
overcome the particular difficulty. No adjustment
shall be inconsistent with the requirements of this
chapter. Prior to considering action on such adjust-
ments, the planning commission shall make inquiry of
any person or persons having information which may
relate to the basis for consideration of an adjustment,
but shall act as promptly and as expeditiously as
possible. If the planning commission determines that
11
an adjustment is necessary, it may, without public
hearing, approve the following adjustments, provided
that such adjustments do not have the_e£f_e.c.t_o.f—r.educ- ___. __
ing the open space required under the provisions of
section 9.5-262 or 9.5-343:
(i) Alteration of the bulk regulations for any
one (1) structure by not more than five (5) percent;
(ii) Alteration of the location of any one (1)
structure or group of structures by not more than -ten
(10) feet;
(iii) Alterations of such other requirements or
conditions as were imposed in the approval of the
conditional use or in approval of the final development
plan by not more than five (5) percent or, in the case
of location, a variation of not more than ten (10) feet
from the location approved in the final plan, so long
as in all cases such adjustments are in accord with the
parameters established in the conditional use approval.
d. In the event the building official has issued
a temporary order stopping work as provided for herein,
the planning commission shall, within. thirty (30)
working days from the date of the issuance of the
temporary order:
(i) Proceed to revoke the conditional use
approval; or
12
(ii) Overrule the action of the building offi-
cial, in which case the temporary order shall immedi-
ately become null and void-p-er ::
F i i i } - The- eo ti ssio-sbral---&ubm-i-t -a- reP"tr -Of - € t! s
aetieR-te-eke-beard-a€-eeuRty-eemmiesteae-rs-
F6}--AetieR-by-t+re--o-€-eoRRty-eemm€es€eners-
Hpen- e{ser�rx;g--ar-repent--mr--t-ec^mmerrcieti-("--Prom--the
ple.RRiRg-eemm-iss-iea,--t4-a4-eawat-g-eemmissieners
may-
a:--- GeRduet-e- iRvestigation--itrto- the-€aets
and-sir-cum-st - -t4.e--Reneeapii-
aneer
b:---Geasider- -e-1�-term inatiRg--tore--eeRdi-
tienai-rise-apprevai-and-permits-er
e : - - -GeRa ider- ever-rti-I-.Rg--tire- -ec-t irc" -a€ -t-ke -bni id-
iag-effleiai:
(6) The holder of a conditional use a proval
aggrieved by the decision of the planning commission
made pursuant to paragraph (5), may request an appeal
before a hearing officer under the hearing officer
avvellate article of these_ regulations by filing the
notice required by that article within thirty (30) days
of the date of the written decision of the planning
commission.
Section 9. Sec. 9.5-72(d) Monroe County Code, is hereby
amended by the addition.of:
13
(3) The holder of a conditional use approval
aggrieved by the decision of the planning commission
Pursuant to subparagraph two—(-2)__may
—r-equest--an_appeal -- -
hearing' before a hearing officer under the hearing
officer appellate article of these regulations by
filing the notice required by that article within
thirty (30) days after the date of the written decision
of the planning commission.
Section 10. Sec. 9.5-73 Monroe County Code, is hereby
amended to read as follows:
A -conditional use permit may be amended, extended,
varied or altered only pursuant to the standards and
procedures established for its original approval as or
as otherwise set forth in this article.
Section 11. Sec. 9.5-75 Monroe County Code, is hereby
created to read as follows:
Sec. 9.5-75. Developments of regional impact and,
development agreements.
Notwithstanding anything contained in this article
or elsewhere in the Monroe County land development
regulations, when a conditional use is also a develop-
ment of regional impact or is to be the subject of a
development agreement under Secs. . 163.3225, et seq.,
Fla Stat., the final development approval, and the
approval of any deviations therefrom, shall be reserved
to the county commission as provided by general law
with no right of appeal to the hearing.officer.
14
Section 12. Sec. 9.5-407(c)(4), Monroe County Code, is
hereby created to read as follows:
(4) Any _person part icipati.n.g—as—an--appellant—or
appellee in any planning commission hearing held
pursuant to this subsection of Sec. 9.5-407,Monroe
County Code, may request an appeal of the planning
commission's decision under the hearing officer appel-
late article of these regulations by filing the notice
required by that article within thirty (30) day-_s after
the date of the written decision of the planning
commission.
Section 13. Sec. 9.5-409(b)(5), Monroe County Code, is
hereby amended to read as follows:
(5) Any person having an interest in the sign or
the property may appeal the determination of the code
enforcement official ordering removal or compliance by
filing a--or-t�en---tto-tioe-e€ an appeal w}tk--tie--eour*ty
witkia- 3 -teen--F1_5}-days- -ef-t-eL--tke-d-.te--o-€-reeewing
said -no -tire pursuant to Sec. 9.5-521, Monroe County
Code.
Section 14. Sec. 19-218(i) Monroe County Code, is hereby
amended to read as follows:
(i) Appeals: All persons aggrieved by the
actions of the planning commission in granting or
denying requested alcoholic beverage permits shall -have
the -right-te-aVfea1-ear-&&ti-on--Put�strant -t-o-the -preee-
may request an
15
M
appeal hearing before a hearing officer under the
hearing officer appellate article (Art. XIV, Chap. 9.5,
Monroe County Code) by filing _the notice required by
that article within thirty (30) days after the date of
the written decision of the planning commission.
Section 15. Sec. 9.5-521(d), (e) and (f), Monroe County
Code, are hereby amended to read as follows:
(.d) Effect of Filing an Appeal: The filing of a
notice of appeal shall stay all permit activity and any
proceedings in furtherance of 'the action appealed from
unless the administrative official rendering such
decision, determination or interpretation certified in
writing to the Rlanning commission er-the-beard and the
applicant that a stay poses an imminent peril to life
or property, in which case the appeal shall not stay
further permit activity and. any proceedings. The
commission er-beard shall review such certification and
grant or deny a stay of the proceedings.
(e) Action of the commission: The planning
commission ep--beard--a€--eetdaty--eemmissleaers shall
consider the appeal at a duly called public. hearing
following receipt of all records concerning the subject
matter of the appeal. Any person entitled to initiate
an appeal may have an opportunity to address the
commission er-beard at that meeting; and argument shall
be restricted to the record below except that a party
appealing an administrative decision, determination or
16
M
interpretation shall be entitled to present evidence
and create a record before the planning commission; any
appeals --before -the—eau-ney---c►omm-ins-iron—hearing--officer--
shall be based upon and restricted to the record.
�f� Appeal- te-4oer-&�f-_cOt+rj_t_y6-Gomm€&&iene-Per--Ax
appeal - 3e3-Vi-a�1-1j - iekb-a -fie - the- _p_j_a-r r 4zg€rem
say-4eeis3.-orq,- eta i i -er--by
an- admla4a trat4 Ye- e#-ftet-a..- sha-1-1 treat -3e-appbieab lre - to
the - beard- -rf--e�-y- i-s�Aro rer-s-: - T4v---ttatri-ea-a€-sxek
appeal --slra4-1 -b,e-in- -a- €o-rm-preaeribed-4),.y- t-he-planning
dlreeter- and- mes-t-fie-mil-ed--ice t-hL- -af- the -ee-duty
eemmlsaleser--ArOr3 r-tweaey-4-2-04--c&Y-s--e€--tote--plasslag
e emm l s s lea = s --dec-i-e i.-Exr.- --The --U4Airg- -o-€ - e t ek- -an- - agp e a l
talll--req+A. re--the--aeerretrarzy-to-��re- platy*irtg-eessiselex
te-€erward-----te-tke-beard-a€-eetiaty-eemmlsslesers-ally
sad-all--refeTds- -whether
eens ldered- by- _t4-fe--j-&q-i-oxr i-ii- kepi-ag-les-deelslea
or - mere 1 j -pr-o-M-e-r-ed --eeReern ag - the- -.R jet -tea-trt-ei- - e €
eke --appes-I .--44i.ilAwe--tre-€lle-.aa- es-1--%-it-h--t-he-bea-Ed
e€-fotrtrt--eomm€gg€or�e�e-slim-_eor*9-ti-t-ttt-e-a-- i er--e€
ally- -ri-ghtrs--under --OA-9--ekapter--to--€tinker-tepee-l--eke
deelsleA-made-by-tke-planslag-eemmisslea-eeseeralag-tke
deelslea; -- --eI-- --- 3 e e $ 3 --&f---eke
administrative-effielal:
(f) Appeal to hearing officer. Any person
participating as an appellant or appellee at the
hearing described in subsection (e) of this section may
17
request an appeal of that decision under the hearing
officer appellate article of these regulations by
- - fi-l-ing thenotice— r-equired--- by --that- article within
thirty (30) days after the date of the written decision
of the planning commission..
Section 16. Sec. 9.5-523(d) Monroe County Code, is hereby
amended to read as follows:
(d) An application for a variance shall be
submitted to the development review coordinator in a
form prescribed by the planning director. The devel-
opment review coordinator shall schedule a hearing on
the variance upon receipt of a completed application.
The notice requirements shall be those described in
section 9.5-45. All applications for variances under
this section shall be heard and decided by the planning
commission at a regularly scheduled public hearing.
Appeals may be filed by any-persen-described-in-seetien
-
sieners-parsidane--Oo--twe- jr-ooe-ck r-e- 9 e t 4&c tIt-€n-seed ea
9:5-5214f}:-- Tie&shall- -be ---_-�irde-re-d--,a-t--the
beard=s-aeixt--regal.$-r4tr- rl-ed--meie-ti-ng-€QI-Irewrag-the
reeeig#_-,ef--&1-1--reeerde-eeRee-re.4.eg--tire- -kt-e&-var--
aae e : - - An- a-ppea-l- -ftt m- t-kre- -jg-r-an-t-!*t -o€ -a -Yar iae ee -Under
this- s eetlea- S�i$4-1--s-tre'y`' -� �p�c'e�'c�i-cam -o� - deve epsiee
is- firnt4retNmee--ef--sune-13--va-r3: -e--tdnI-e&e--tore--planning
diree ter- -c�niff- -to - the- beeTd-�rf--eet+r+tg-eemmis-
sieners--t:ia-t--a--atray6-impesee-aft- -i ret�t -ire-r-r�-tro-life
18
etc -p*o}ei�try-.---The-b.&aT-d--may,-reviiew--t4ine-eertif!heatiea
and-grant-er-deny-a-stay-ef- the -preeeedings-er- develop-
ment The. — bee-rd-, - —gin -rev-i-ew-i�rg- - the- -cof- - the
planning--determine--i-fr:--- Freeedural
dxe-preeess-was-afferded#-the-essential-requirements-e€
lava-fellowed-r-and-whether-P-he-deelslen-was-stipperted-by
substantial-and-eempetenE-evldeaee:--The-'beard-shall-}n
ne-evert -errt-ert-a&in--a-4nre 34i g--d.&-neve-oe--t-4&-appllea-
Ilea: an owner, applicant,_ adjacent property_owner
any ag&rieved or adversely affected person as .defined
by Sec. 163.3215(2), Fla. Stat._, or any resident or
real property owner may request an appeal of the
Planning commission's variance decision under the
hearing officer appellate article -,of., these regulations
by filing the notice required by that article within
thirty (30) days of the date of the written variance
decision of the planning commission.
Section 17. Article XIV, Chap. 9.5, Monroe County Code, is
hereby created to read as follows:
ARTICLE XIV. HEARING OFFICER APPELLATE ARTICLE
Sec. 9.5-535. Jurisdiction.
Hearing officers shall review by appeal planning
commission action when authorized by the Monroe County
land development regulations or Chap. 19, Monroe County
Code.
Sec. 9.5-536. Invocation of jurisdiction.
m
The jurisdiction of the hearing officer under this
article shall be invoked by filing a copy of the notice
_ of —the --appeal- and.. the _ filing fee with the secretary to
the planning commission. The county commission shall
establish a reasonable filing fee. The form of the
notice shall be prescribed by the planning. director.
Sec. 9.5-537. Preparation of the record.
Within thirty (30) days of filing the notice, the
secretary shall prepare the _record prescribed in
Section 4 of this article and serve copies of the index
of the record on all parties. Within ninety_(90) days
of the filing of the notice, the secretary shall
transmit the record to the hearing officer and copies
to all parties. The county commission may establish
reasonable fees for copies furnished the parties.
Sec. 9.5-538. Contents of the record.
(a). The record in a case governed by this article
shall consist only of:
(1) All applications, memoranda, or data
submitted to the planning commission;
(2) Evidence received or considered by the
planning commission;
(3) Questions and proffers of proof, ob-
jections, and rulings thereon, presented to the plan-
ning commission;
(4) The transcript of the hearing before the
planning commission transcribed by a certified court
20
reporter at the expense of the appellant and furnished
to the secretary; and
(5-)— The —order of the planning commission.
(b) The secretary shall prepare the record in the
following fashion:
(1) Upon receipt of the transcript_ _from the
court reporter, each page shall be consecutively
numbered. The transcript shall be- securely bound in
consecutively numbered volumes not to exceed 200 pages
each.
(2) The remainder of the record, including
any supplements, shall be consecutively numbered and
securely bound in volumes not to exceed 200 pages.
(3) The secretary shall prepare a complete
index to the record.
(c) The burden _to ensure that the record is
Prepared and transmitted to the hearing officer and the
parties shall be on the appellant.
(d) If there is an error or omission in the
record, the parties by stipulation, the planning
commission, or he hearing officer may correct the
record. If the hearing officer finds the record
incomplete, he shall direct a party to supply the
omitted parts of the record. No case shall be decided
because the record is incomplete until an opportunity
to supplement the record has been given.
21
(e) The record shall be returned to the secretary,
after the disposition of the case by the hearing
officer_.-- -
Sec. 9.5-539. Contents of the briefs.
(a) The appellant's initial brief shall be filed
with the hearing officer and served on the parties
within fifty (50) days of the filing of the notice.
The appellee's answer brief shall be filed and served
within twenty (20) days of service of the initial
brief. The appellant's reply brief, if any, shall be
filed and served within ten (10) days of service of the
answer brief.
(b) The contents of the initial brief shall
include:
(1) A table of contents listing the issues
presented for review, with reference to pages.
(2) A table of citations, with cases listed
alphabetically, statutes and other authorities and the
pages of the brief on which each citation appears.
(3) A statement_ of the case and of the
facts, which shall include the nature of the case, the
course of the proceedings, and the disposition in the
lower tribunal. References to 'the appropriate pages of
the record or transcript shall be made._
(4) A summary of argument, suitably para-
graphed, condensing succinctly, accurately, and clearly
the argument actually made in the body of the brief.
22
(5) Argument with -regard to each issue.
(6) A conclusion, of not more than one page,_
setting forth the precise relief sought.
(c) The contents of the answer brief shall be
prepared in the same manner as the initial brief
provided the statement of the case and facts shall be
omitted unless there are areas of. disagreement, which
should be clearly specified.
(d) Contents of the reply brief shall contain
argument in response and rebuttal to argument presented
in the answer brief.
(e) The initial 'and answer briefs shall not
exceed 50 pages in length. Reply briefs shall not
exceed 15 pai es in length.- The table of contents and
the citation of authorities shall be excluded from the
computation.
Sec. 9.5-540. Oral argument and the contentsand
effect of the hearing officer's order..
( a) Within sixty ( 60 ) days of the filing ofthe
the
briefs and the record, the hearing officer shall
schedule the case for oral argument.
(b) Within forty-five (45) days of oral argument,_
the hearing officer shall render an order which may_
affirm, reverse or modify the order of the planning
commission. The hearing officer's order may reject or
modify any conclusion of law or interpretation of the
Monroe County land development regulations or compre-
23
hensive plan in the planning commission's order,
whether stated in the order or necessarily implicit in
-----the -planning commission's determination, but he may not _--
reject or modify any findings of fact unless he first
determines from a review of the complete record, and
states with particularity in his order, that the
findings of fact were not based upon competent substan-_
tial evidence or that the proceeding before the
planning commission on which the findings were based
did not comply with the essential requirements of law.
(c) The hearing officer's final order shall be
the final administrative. -action of Monroe County.
Sec. 9.5-541. .Motions and sanctions.
Upon the application of. any party,_ the hearing
officer may grant relief under this article or impose
sanctions for the failure. of a party to comply with
this article, including the striking of untimely,
irrelevant or scandalous portions of a brief or the
record or the dismissal of an appeal, as the interests
of -justice may require. An application for an order
seeking sanctions for failure of a party to comply with
this article or for other relief under this article
shall be made by filing a motion stating the sanction
or relief sought and the basis therefor with the
hearing officer and serving a copy on the opposing
Party. A motion for an extension of time shall, and
other motions may, contain a certificate from the
24
movant or his counsel that he has consulted the oppos-
ing parties or, if they have counsel, opposing counsel
- and that he is authorized to represent that they have.
no objection or that they -will promptly file _ an ob-
jection. A party may file and serve one response to a
motion within ten (10) days of service of the motion.
The service and filing of a motion shall not toll the
time by which any act must be performed under this
article unless so ordered by the hearing officer.
Within fifteen (15) days of the filing of the motion or
the response as appropriate, the hearing officer shall
grant any sanction or relief as may be appropriate but
shall not dismiss any appeal without affording the
appellant at least one .opportunity to correct the
offending error.
Sec. 9.5-542.
Automatic
stay
of order to
be reviewed.
The filing
of an appeal
under this
article shall
operate as an automatic stay on the effectiveness_ of
any development order to be reviewed unless the stay is
dissolved by the hearing officer upon the motion of a
party showing that the interests of justice require
such dissolution.
Section 17. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
25
Section 18.
All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict. - , ' —
Section 19. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 20. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the. State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular. meeting of said Board held
on the day of , A.D., 1993.
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
By
---Deputy Clerk
EFFECTIVE DATE
vihearing
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
ayor airman
PPROVED 41TO rorM.14
AND LEGAL S Q 1CfT '"
AUome?-" ice
P
PROOF,OF PUBLICATION r
THE FLORIDA KEYS KEYNOTER
Published Twice Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE)
Before the undersigned authority personally appeared EDWARD J. LEDUC who on oath, says that he is PUBLISHER
of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON, in MONROE COUNTY, FLORIDA;
that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER ADOPTION OF ORDINANCE
IN THE MATTER OF AMENDING SECTION 9.5-21 AND OTHERS MONROE COUNTY CODE
was published in said newspaper in the issues of MARCH 24 & 31, 1993
Alliant further says that the said FLORIDA KEYS KEYNOTER is a newspaper at -
MARATHON, in said MONROE COUNTY, FLORIDA, and that the said newspaper has
heretofore been continuously published in said MONROE COUNTY, FLORIDA, twice
each week (on Wednesday and Saturday) and has been entered as second class mail
matter at the post office in MARATHON, in said MONROE COUNTY, FLORIDA,for a
period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any
person, firm, or corporation any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication in the said
newspaper. (SEAL)
%/
SWORN TO AND SUBSCRIBED BEFORE ME THIS _ —______________
DAY A.D. 19_�—J
�» no.:) JoUNolJ
MARY LOU SOLLBERGER ,
0@FF
MY Comm Exp. 8/1:4/96
Bonded By Serv�e�;lnp d 0E �idH e6.
No. CC21.964
l E'ersox�ly Krso�n ] wwcq
no. 7891500
NOTICE OF-INIENTION
TO CONSIDER ADOPTION -
Y OF COUNTY ORDINANCE
NOTICE'IS HEREBY GIVEN
WHOM IT MAY CONCERN th
on Tuesday, April 13, 1993,
3:00 p.m. at the Key Colo
Beach City- Hall,- Key Colo
Beach, Monroe County, Flonc
. the Board of County Commi
sioners of Monroe County, Flo
'da, intends to consider the ado
Uon of the following: County on
nance:
I
r-
Pursuant to Section 286 Io5,'
U Florida Statutes, notice ie given
that if a person decided to appeal
any decision made by the Board
with respect to any matter con-
" - sidered at such hearigg or meet-
_ ing, he will need a record of the
Proceedings, and that,•for such
Purpose, he may need to ensure
-- - — - - -_ -- - -- - - _- _ - — — --- — -- that a verbatim record of the pro-
- - -- --- _- _ - - -- -` - - -
_ ceedings is made, which record
includes the testimony and evi-
i to be based which the appeal is
Copies of the above -referenced
ordinance are available for review
at the various public libraries in
Monroe County, Florida.
- 09TED WFlorida, thisqTH dayof4arch,1993. -
Clerk of he CircaKand CoGrt
Board of County ml isonttf
i of Monroe County, Florida
'Publish: Mar.24 & 31, 1993 -
Florida Keys Keynoter
::>-9 A T E OF FLORIDA
"0UiNTY OF P010 .ROE:
The Key Weest Citizen
Published Daily
Key �r�,�est, Monroe County, Florida 33040
'•. 1 - `:�
Before the undersigned authority personally appeared Randy Erickson, who on oath_;
says that he is Advertising Manager of The Key West CitizTff a -daily ne=sp�q,r,
at Key West in Monroe County, Florida; that the attached cony of the a e�me`�, bed
a legal notice C� _T -0
--
CD
i the matter of
in the
issues of
c Tt O
court, was published in sai�nE;nrspa r in tl e
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida, each day (except Saturdays and
specified holidays) and has been entered as second-class mail 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 has
neitherpaid norpromised any person, firm orcorporation any discount, rebate, commission
or refund for the purpose of securing this advertisement for publication in the said
newspaper.
(Signature of Affiant)
Sworn to and subscribed before me this C�/_,,, day of
racvT.zRYRrJCSTA_E07FLOTUDA (Sign" e of Notary Public)
11" i:Q"e h"111.c .chl r'M� d"UG. 25,ts J
SEAL MNOF-D 112RU is 3vi .Ay, DJS. UND.
Bette J. Push
(dame of Notary Public)
Expires: _
-Personally Known or Produced Identification
Type of Identification Produced
NOTICES -OF INTENTION TO CON-
SIDER ADOPTON OF COUNTY
ORDINANCE
NOTICE IS HEREBY' GIVEN TO
WHOM IT,.M,•AY CONERN that on I
Tuesday, April 13, 1993, at 3:00 p.m.
at the: Key Colony Beach City Hall,
Key Colony Beach, Monroe County,
Florida, the Board of County Com-
missioners of Monroe County, Flori-
da, intends to consider the adoption
of the following County ordinance:
ORDINANCE NO. 1993 I
AN ORDINANCE AMENDING SEC-!
TION 9.5-21, MONROE COUNTY'
CODE, IN ORDER TO DELETE THE
REQUIREMENT THAT • THE,
COUNTY COMMISSION HEAR, AP-
PEALS. REGARDING CONDI- --
TIONAL USE APPROVALS EXCEPT
IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATU-
TORY DEVELOPMENT AGREE-
MENTS; AMENDING SECTION 9.5-
46;MONROE. COUNTY' CODE,: IN
ORDER TO PROVIDE THAT ANY
PERSON DESIRING TO APPEAL A
[ PLANNING COMMISSION DECI-
{ SION UNDER THE HEARING OFFI-
CER APPELLATE ARTICLE SHALL
PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEAR-
ING BY A CERTIFIED COURT RE-'
PORTER; AMENDING SECTION
9.5-521, MONROE COUNTY CODE
IN ORDER .TO PROVIDE AMONG
OTHER THINGS THAT PLANNING,
COMMISSION DECISIONS ON MI-
NOR CONDITIONAL USES MAY BE
.APPEALED TO A HEARING OFFI- •
I CER INSTEAD OF THE COUNTY'
COMMISSION, AMENDING SEC-'
TIONS 9.5-69, 9.5-70, 9.5-71 AND I
fI 9.5-72, MONROE COUNTY CODE,
e IN ORDER TO PROVIDE THAT
I- 'PLANNING COMMISSION DECI-
j SIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED -TO A
HEARING OFFICER INSTEAD OF ` --
+ THE COUNTY COMMISSION. CRE-
ATING SECTION 9.5-75, MONROE
I COUNTY CODE, IN ORDER TO
CLARIFY THAT CONDITIONAL
USES WHICH ARE ALSO DEVEL-
OPMENTS OF REGIONAL IMPACT
OR SUBJECT TO DEVELOPMENT
AGREEMENTS MUST RECEIVE A
FINAL---DEC-ISION.-F_R0.M._THE .
.,COUNTY COMMISSION AS PRO-
•VIDED BYt GENERAL LAW;'
AMENDING- SECT IO_NS_9.5r_4.oZE-
AND 9.5-409, MONROE COUNTY
CODES, IN ORDER TO PROVIDE
THAT -DECISIONS -OF THE_.PLAN-
NING COMMISSION CONCERNING
SIGNS MAY BE APPEALED TO'A
HEARING OFFICER; AMENDING
SECTION 19-218, MONROE-
COUNTY CODE, IN ORDER -TO-
PROVIDE. THAT PLANNING_ COM-
j MISSIONS ON ALCOHOLIC BE .- i
ERAGES MAY BE APPEALED TO A
HEARING OFFICER INSTEAD OF
I THE COUNTY COMMISSION,
AMENDING SECTION 9.5-521,
i MONROE COUNTY CODE, IN OR-
DER TO PROVIDE THAT APPEL-'
LATE DECISIONS OF THE PLAN-
NING' COMMISSION REGARDING
DECISIONS OF ADMINISTRATIVE-
-OFFICIALS MAY BE APPEALED TO
A HEARING OFFICER INSTEAD, OF
THE COUNTY-•-COMMISSRI
AMENDING SECTION 9.5 523,
MONROE COUNTY CODE,' IN OR-
DER TO PROVIDE THAT, PLAN-
NING COMMISSION DECISIONS
- ON CERTAIN VARIANCES MAY BE
APPEALED TO A HEARING OFFI-
I CER INSTEAD .OF THE COUNTY,.
COMMISSION; CREATING ARTI-
CLE X1 V, CHAPTER 95, MONROE f
COUNTY CODE, IN ORDER TO +
PROVIDE FOR THE JURISDICTION
AND PROCEDURES NECESSARY
FOR THE APPEAL OF PLANNING
COMMISSION DECISIONS TO A
HEARING .OFFICER AND IN OR-
DER TO PROVIDE THAT THE
HEARING OFFICER'S FINAL OR- i
DER WITH REGARD TO THE AP-
PEALED DECISION OF THE PLAN-
NING COMMISSION SHALL" ALSO
BE THE FINAL ADMINISTRATIVE
ACTION OF .MONROE COUNTY;
PROVIDING FOR. SEVERABILITY;
PROVIDING FOR REPEAL OF ALL .
i ORD-INANCES INCONSISTENT _
HEREWITH; PROVIDING FOR IN-
CORPORATION INTO THE MON-
ROE COUNTY CODE; AND PRO-
VIDING AN EFFECTIVE DATE.
iPursuant to Section 286.0105, Flor-
Ida Statutes, notice is given that if a
person decided to appeal any deck
I sign made by the Board with respect
I to any matter considered at such
hearing or meeting, he Will need a — -"
record of the proceedings, and that,
for such purpose, he may need to en-
sure that a verbatim record of the
proceedings is made, which record
j includes the testimony and evidence
i upon which the appeal is to be
based.
Copies of the above -referenced -ordi-
nance are available for review at the
various public libraries in Monroe
County, Florida.
DATE at Key West, Florida, this 18th
day of March,1993.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the Board of
County Commissioners_ of Monroe
County, Florida i
March 21 28 199.3
DAGNY WOLFF
Editor & Publisher
PROOF OF PUBLICAT!ON
STATE OF FLORIDA
COUNTY OF MONROE
SERVING THE UPPER KEYS
FOR OVER 20 YEARS
BOX 1197 • TAVERNIER, FLA. 33070
(305) 852-3216
FAX 852-8249
Before the undersigned authority personally appeared DAGNY WOLFF
, who on oath, says that she is_EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida:
that the attached copy of advertisement, being a_LEGAL NOTICE
IN THE MATTER OF_NOTICE OF INTENTION
IN THE Court, was published in said
newspaper in the issues of _3/25 AND 4/1/93
Affiant further says that the said REPORTER is a newspaper published
w
at Tavernier, in said Monroe County, Florida, and that the said newspaper has
:;0 x' rrt
heretofore been continuously published in the said Monroe County, Florida,
C).n
-a
each week (on Thursday), and has been entered as second class mail matter at
c-3 l ___ '
the Post Office in Tavernier, in said Countyof Monroe, Florida, for period of
P
C ` NO
z
one year next preceding the first publication of the attached copy of advertisement;
"
and affiant further says that he has neither paid nor promised any firm, person, or
corporation any discount, rebate, commission or refund for the purpose of securing
?' o
this S::^d Kdvert se-=nt-fnr pub%at;Cr in ti3e aaid news-9per.
SWORiQ TO AND SLTBFW&IBED BEFORE ME THIS
1S11_1):�Y OF_.i"RIL_A.D., 1993_
z V'
N iARYPUSLI ; STAIF OF FLORWA Al LA.t.._
MY COMMISSION EXPIRES My COMMMSION EXPIRES FEBRUARY 03, 1995
NOTARY BROXERAGE
r
N
NOTICE OF INTENTION TO CONSIDER
-ADOPTION OF COUNTY ORDINANCE-- -
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN ■
that on Tuesday, April 13,1993 at 3:00 p.m. at the Key Colony Beach City
Hall, Key Colony Beach, Monroe County, Florida, the Board of County i
Commissioners of Monroe County, Florida, intends to consider the adop-
tion of the following County ordinance:
- -- ORDINANCENO. 1993,
AN ORDINANCE AMENDING SECTION 9.5-21`, MONROE
COUNTY CODE, IN ORDER TO DELETE THE REQUIREMENT
THAT'fHECOUNTYCOMMISSION HEAR APPEALS REGARDING
CONDITIONAL USE APPROVALS EXCEPT IN CASES OF DEVEL-
OPMENTS OFREGIONAL IMPACT AND STATUTORY DEVELOP- °
MENT: AGREEMENTS; AMENDING SECTION 9.5-46, MONROE
COUNTY CODE, IN ORDER TO PROVIDE THAT ANY PERSON
DESIRING TO APPEAL A PLANNING COMMISSION DECISION%'
UNDER THE HEARING OFFICER APPELLATE ARTICLE SHALL .'
PROVIDE A TRANSCRIPT OF THE PLANNING COMMISSION' ;
HEARING --BY A CERTIFIED -COURT REPORTER; .AMENDING
SECTION..9.5-521, MONROE COUNTY CODE IN ORDER TO PRO-!
VIDE AMONG OTHER THINGS THAT. PLANNING COMMISSION".l
DECISIONS ON MINOR CONDITIONAL USES MAY BEAPPEALED- i
TO A HEARING OFFICER INSTEAD OF,THE COUNTY COMMIS-'
SION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71 AND 9.5-72,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT PLAN-,
NING COMMISSION DECISIONS ON MAJORCONDITIONAL USES '
MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF THE
COUNTY COMMISSION; CREATING SECTION 9.5-75, MONROE'
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL
USES WHICH ARE, ALSO DEVELOPMENTS OF REGIONAL IM- '
PACT- OR SUBJECT TO DEVELOPMENT AGREEMENTS MUST
RECEIVE A FINAL DECISION FROM THE COUNTY COMMISSION
AS PROVIDED BY GENERAL LAW; AMENDING SECTIONS 9.5-
407 AND 9.5-409, MONROE COUNTY CODE, IN ORDER TO PRO-
VIDE THAT DECISIONS OF THE PLANNING COMMISSION CO- N-
CERNING-SIGNS MAY BE APPEALED TO A HEARING OFFICER; j
AMENDING SECTION 19-218, MONROE COUNTY CODE, IN OR-
DER TO PROVIDE THAT PLANNING COMMISSION DECISIONS
ON ALCOHOLIC BEVERAGES MAY BE APPEALED TO A HEAR-
ING OFFICER INSTEAD OFTHECOUNTYCOMMISSION, AMEND-
ING SECTION 9.57521, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT APPELLATE DECISIONS OF THE PLANNING
COMMISSION REGARDING DECISIONS OF ADMINISTRATIVE
OFFICIALS MAY BE APPEALED TO A HEARING OFFICER'IN-
STEAD OF THE COUNTY COMMISSION; AMENDING SECTION
9.5-523, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT
PLANNING COMMISSION DECISIONS ON CERTAIN VARIANCES
MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF THE '
COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER 95,
MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE AP-
PEAL OF PLANNING COMMISSION DECISIONS TO A HEARING
OFFICER AND IN .ORDER TO,PROVIDE THAT THE HEARING
OFFICER'S FINAL ORDER WITH REGARD TO THE APPEALED
DECISION OF THE PLANNING COMMISSION SHALL ALSO BE `
THE FINAL ADMINISTRATIVE ACTION OF MONROE COUNTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROECOUNTYCODE; AND
PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes; notice is given that if
a person decided to appeal any decision made by the Board with respect to j
any matter considered at such hearing or meeting, he will need a record of 1
the proceedings, and that, for such purpose, he may need to ensure that a
verbatim record of the proceedings is made, which record includes the,
testimony and evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for review at "
the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 18th day of March, 1993.
DANNY L. KOLHAGE.
Clerk of the Circuit Court .
and ex officio Clerk of the ;
Board of County Commissioners
of MonroeCounty; Florida
'Published: 3/25 andA/1/93
The Reporter
'Tavernier, FL 33070
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, April 13, 1993, at 3:00 p.m. at the Key Colony Beach
City Hall, Key Colony Beach, Monroe County, Florida, the Board of
County Commissioners of Monroe County, Florida, intends to
consider the adoption of the following County ordinance:
ORDINANCE NO. -1993
AN ORDINANCE AMENDING SECTION 9.5-21, MONROE COUNTY
CODE, IN ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTION 9.5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SJJBJECT`_TO DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL
VECISIGN- FROM THE COUNTY COMMISSION AS PROVIDED BY
NERAL,---LAW; AMENDING SECTIONS 9.5-407 AND 9.5-409,
U-' MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT DECISIONS
G? THE PLANNING COMMISSION CONCERNING SIGNS MAY BE
c AEPEALED,_TO A HEAPING OFFICER; AMENDING SECTION 19-218,
LL_ MONROE -UNTY CODE, IN ORDER TO PROVIDE THAT PLANNING
COMMISSIW DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
AI�PEALED�'TO A HEARING OFFICER INSTEAD OF THE COUNTY
�► COMMISSION, AMENDING SECTION 9.5-521, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; AMENDING
SECTION 9.5-523, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEARING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER
95, MONROE COUNTY CODE, IN ORDER TO PROVIDE FOR THE
JURISDICTION AND PROCEDURES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER'S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearing or
meeting, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above -referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West, Florida, this 18th day of March, 1993.
DANNY L. KOLHAGE
Clerk of the Circuit Court
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
Mayor London
ORDINANCE NO. -1993
All ORDINANCE AMENDING SECTION 9.5-21, MONROE COUNTY
CODE, IN ORDER TO DELETE THE REQUIREMENT THAT THE
COUNTY COMMISSION HEAR APPEALS REGARDING CONDITIONAL
USE APPROVALS EXCEPT IN CASES OF DEVELOPMENTS OF
REGIONAL IMPACT AND STATUTORY DEVELOPMENT AGREEMENTS;
AMENDING SECTION 9.5-46, MONROE COUNTY CODE, IN ORDER
TO PROVIDE THAT ANY PERSON DESIRING TO APPEAL A
PLANNING COMMISSION DECISION UNDER THE HEARING OFFICER
APPELLATE ARTICLE SHALL PROVIDE A TRANSCRIPT OF THE
PLANNING COMMISSION HEARING BY A CERTIFIED COURT
REPORTER; AMENDING SECTION 9.5-521, MONROE COUNTY CODE
IN ORDER TO PROVIDE AMONG OTHER THINGS THAT PLANNING
COMMISSION DECISIONS ON MINOR CONDITIONAL USES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION; AMENDING SECTIONS 9.5-69, 9.5-70, 9.5-71
AND 9.5-72, MONROE COUNTY CODE, IN ORDER TO PROVIDE
THAT PLANNING COMMISSION DECISIONS ON MAJOR CONDITIONAL
USES MAY BE APPEALED TO A HEARING OFFICER INSTEAD OF
THE COUNTY COMMISSION; CREATING SECTION 9.5-75, MONROE
COUNTY CODE, IN ORDER TO CLARIFY THAT CONDITIONAL USES
WHICH ARE ALSO DEVELOPMENTS OF REGIONAL IMPACT OR
SUBJECT TO DEVELOPMENT AGREEMENTS MUST RECEIVE A FINAL
DECISION FROM THE COUNTY C01411ISSION AS PROVIDED BY
GENERAL LAW; AMENDING SECTIONS 9.5-407 AND 9.5-409,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT DECISIONS
OF THE PLANNING COMMISSION CONCERNING SIGNS MAY BE
APPEALED TO A HEARING OFFICER; AMENDING SECTION 19-218,
MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT PLANNING
COMMISSION DECISIONS ON ALCOHOLIC BEVERAGES MAY BE
APPEALED TO A HEARING OFFICER INSTEAD OF THE COUNTY
COMMISSION, AMENDING SECTION 9.5-521, MONROE COUNTY
CODE, IN ORDER TO PROVIDE THAT APPELLATE DECISIONS OF
THE PLANNING COMMISSION REGARDING DECISIONS OF
ADMINISTRATIVE OFFICIALS MAY BE APPEALED TO A HEARING
OFFICER INSTEAD OF THE COUNTY COMMISSION; AMENDING
SECTION 9.5-523, MONROE COUNTY CODE, IN ORDER TO
PROVIDE THAT PLANNING COMMISSION DECISIONS ON CERTAIN
VARIANCES MAY BE APPEALED TO A HEARING OFFICER INSTEAD
OF THE COUNTY COMMISSION; CREATING ARTICLE XIV, CHAPTER
95, MONROE COUNTY CODE, IN ORDER TO PROVIDE FCR THE
JURISDICTION AND PROCEDLTRES NECESSARY FOR THE APPEAL OF
PLANNING COMMISSION DECISIONS TO A HEARING OFFICER AND
IN ORDER TO PROVIDE THAT THE HEARING OFFICER'S FINAL
ORDER WITH REGARD TO THE APPEALED DECISION OF THE
PLANNING COMMISSION SHALL ALSO BE THE FINAL
ADMINISTRATIVE ACTION OF MONROE COUNTY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO
THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Sec. 9.5-21, Monroe County Code, is hereby
amended to read as follows:
Sec. 9.5-21. Board of county commissioners.
In addition to any authority granted the board of
county commissioners by state law or the Code or
Ordinances of Monroe County, the board of county
commissioners shall have the following powers and
duties:
Fa}--Te-k�e-a�--a�ee-1�-€�o�-dee3s�eas-�rf--tie--p�at�-
alxg-ee aiseiee- ega dlxg eenditienal-ttse-permitst
4b} (a) To adopt and amend the official lard use
development map and existing conditions map after
recommendation by the planning commission;
ke} (b) ".'o initiate amendments to the text of
this chapter and the plan;
Ed; (c) To hear, review and adopt amendments to
the text of these regulations after recommendation by
the planning commission;
Ee} (d) To act upon applications for variances
from the elevation requirements of the floodplain
management regulations of the plan;
Ef} (e) To designate and appoint a hearing
officer to make recommendations in regard to
determinations of vested rights or such other decisions
as the board may deem appropriate;
2
fig} (f) To take such other action not delegated
to the planning commission as the board of county
commissioners may deem desirable and necessary to
implement the provisions of these regulations and the
plan; and
kk} (g The following board hearings may be held
in Key West, Marathon or Plantation Key/Key Largo areas
depending on which site is the closest to the property
involved: major--eeRditieRai--uses; conditional use
permits which are also developments of regional impact
or are to be the subject of development agreements;
plat approvals; f.loodplain management variances;
adoption of findings of fact and orders for beneficial
uses and vested rights; designations of archaeological,
historical or cultural landmarks; designations of areas
of critical county concern or any modification of such
designations; appeals of the planning director's
decisions on impact fees; amendments to the land use
district maps; appeals- frem-appellee-t�et�-sicxrsr-o-� -lie
-
is��a�i�*e--o€€tee}a�g;
piaRAiAg-Eoffiiil3ssoR--ii1�7E?l'E7-iiTg-ri-ac and any other
item which the board, in its discretion, decides should
be heard at a specific site. In the event a proposed
area of critical county concern will affect various
properties a portion of which are closest to one
hearing site and a portion of which are closest to
J
another, then at least one (1) hearing shall be held at
each site before any final board action may be taken.
(h) In the case of conditional use permits which
are also developments of regional impact or are condi-
tional use permits which are to be the subject of
development agreements under Secs. 163.3225, et seq.,
Fla. Stat., then the county commission shall conduct
such public hearings and grant or deny the conditional
use permit approval as required by general law.
Section 2. Section 9.5-46(8), Monroe County Code, is
hereby amended to read as follows:
(8) Record:
a. The body conducting the hearing shall record
the proceedings by any appropriate means which shall be
transcribed at the request of any person upon applica-
tion to the county administrator and payment of a fee
to cover the cost of transcription or duplication of
the audio record or tape. Except however, if a person
desires to appeal a decision of the planning commission
Pursuant to the hearing officer appellate article such
person shall, at his own expense, provide a transcript
of the hearing before the planning commission tran-
scribed by a certified court reporter.
b:---eke-�reAse�ip�-ei-e�al-p�eeeediags;-ieelttdiag
mietites--o-f--tke---see�t-a-ram,--ell--app-li-anti-on--,--exkibits
and- -papers--startt-eti--i-o---e� -ke€ere- -tke
4
deeision -TRaking-bedy;--t+ke--vi-_ o-an4-reeomendatr}eft-of
the -depertment-o£--p-l-txxri g,--cue e }t-i-eview-eeaffllt-
tee ;-ter--otter--member--o-€-t-eexrty---s-t&€€,-- -the
deeision --aed--repo-r-t(-s-) ---o-f---tl-r,---deetslee-mek-ieg--bedy
ska}1-eenstitute-tke-reeerd-
b. The transcript, all applications, memoranda,
or data submitted to the decision -making body_, evidence
received or considered by the decision -making body,
questions and proffers of proof, objections, and
rulings thereon, presented to the decision -making body,
and the decision, recommendation or order of the
decision -making body shall constitute the record.
C. All records of decision -making bodies shall
be public records, open for inspection at reasonable
times and upon reasonable notice.
Section 3. Sec. 9.5-69(e), Monroe County Code, is hereby
amended to read as follows:
�e�--6ensideratien-�--tie--B9G6-o€--a-�4a,�o�-Cendi-
development-erder9-is stied -by- the -pianning-eemmissien-in
regard--t-r--art-appl4eet-iee--fro�r--a-meto-r--use
permit-sha}�-ire--�rl.�e�--oar-e•-e*}t-agertcia-&�-tke-next
regularly--st tl-eci-�ree � rg--of--trt-te--boe-' --O-f--eetiety
eemmissieners-- Eel lewing--expiration- -ei--a--per iod--ei
thirty--(43-0�-ems--beginttrrtg-tipoR--the- -er€-net iee
by-the-planning-direeter7
5
Gone !der ation -4)-y--t--re--B®GG-e-f--e- -GenditioneI
TJse---App-r-<�-ve4--� --Eke-- R i-cog--£.e$ s-s3o r-----AII
develepment-enders-is stied -by-tke-planning-eeffiais9ion- in
regard--t-c--a-r+-appiieatien--fo-r--a-me3eT-moo -rt t}a-l•-dse
permit- be -IA-& --ot�- -e--c_ sit-agert&&-atr-tke-next
regtilarly--aehe4ul-e&-ireet3 rg--of--the --boom&-off--eetinty
eei;omis9ieners--go llowing- -eHpiratien--of--a--period--of
01irty-43-04--claims- -tipen--tlie--9eiI&i-rrg--&f--netiee
'by - Eke -planning-direeter:
Appeal of a conditional use approved by the planning
commission.
li-tire The applicant, an adjacent property owner, or
any aggrieved or adversely affected person, as defined
by Florida Statutes section 163.3215(2), or any person
who presented testimony or evidence at the public
hearing conducted pursuant to subsection (c), regtiests
witkin-tkirty-—s--aft-er- r i g--o€-notriree -by -Eke
e etin t y --ec�rtreeione�g - �o-t�-s- t-o- - �e�to�e- - a- - dove l epffien t
order- -€r-cfR---the--eensent--age�j--#-ke- s~f--eetinty
e eem i s s i en e r s - -the-
at - ---pi*b4i-e-hearing--later- lia --4cu 5}
days-€�ex�-the-date-a€-siailiAg-a€-netiee-by-the-planning
direeter- may request an appeal of the planning commis-
sion's major conditional use decision under the hearing
officer appellate article of these regulations by
A
filing the notice required by that article within
thirty (30) days after the publication of notice or
sending of the written notice by the county, whichever
is later.
Section 4. Sec. 9.5-70(e), Monroe County Code, is hereby
amended to read as follows:
(e) Final Plan Approval: Unless final develop-
ment plan approval has been reserved to the planning
commission as a condition, of approval of a conditional
use permit or by the provisions pertaining to that land
use district, the director of planning, upon a finding
of conformity with the conditional use approval, shall
prepare a report of his findings. If final action of a
final development plan has been reserved to the plan-
ning commission, the planning commission shall hear it
at a regularly scheduled meeting and upon the recommen-
dation of the planning director shall approve a final
development if it is deemed to be in conformity with
conditional use approval. If the plan is not in
conformity, the planning commission shall return the
final plan to the applicant with a written statement of
the changes that would make the final plan conform.
The planning commission shall consider the final plan
at a regularly scheduled hearing when requested by the
applicant. Any final plan rejected by the planning
commission shall be deemed null and void if not resub-
mitted within one hundred eighty (180) days, unless
7
tolled by the filing of an appeal under subsection
9.5-70(e)(2), Monroe County Code.
Section 5. Sec. 9.5-70(e)(2), Monroe County Code, is hereby
created to read as follows:
(2) The holder of an approved conditional use
whose final development plan has been denied by the
planning commission may request an appeal hearing
before a hearing officer under the hearing officer
appellate article of these regulations by filing the
notice required by that article within thirty (30) days
of the date of the date of the written denial of the
planning commission.
Section 6. Sec. 9.5-71(b), Monroe County Code, is hereby
amended to read as follows:
(b) Prior to the expiration of the time periods
described in section 9.5-72(a)(1) and the commencement
of any construction, the owner of any property which is
the subject of a recorded conditional use approval and
who desires to abandon such approval shall submit a
petition that shall be processed as a major conditional
review. The resolution shall be a recordable instru-
ment. if the major conditional use, which is the
subject of the recorded approval, has been constructed,
or partially constructed, the owner of the site may
petition the appreving-belly planning commission for the
release, which shall also be by a major conditional
review, but the body shall not grant such a petition
IV
unless it finds that the major conditional use has been
abandoned or is presently in an irrevocable process of
abandonment.
Section 7. Sec. 9.5-72(a)(1), Monroe County Code, is hereby
amended to read as follows:
(1) Unless otherwise specified in the approved
conditional use approval, application for a building
perriit(s) shall be made within six (6) months of the
date of the approval of the conditional use, and all
required certificates of occupancy shall be procured
within two (2) years of the date of issuance of the
initial building permit, or the conditional use ap-
proval shall become null and void with no further
action required by the county. Approval time frames do
not change with successive owners. An extension of
time may be granted only by the body--tke
eeadit-ieaei--age--app,r-(�l planning commission for a
period not to exceed one (1) year and only within the
original period of validity. When a hearing officer
has ordered a conditional use approval initially denied
by the planning commission, the planning commission
shall nonetheless have the authority to grant or deny__a
time extension under this section. If the planning
commission denies a time extension., the holder of the
conditional use may request an appeal of that decision
under the hearing officer appellate article of these
regulations by filing the notice required by that
6
article within thirty (30) days of the written denial
of the planning commission.
Section 8. Sec. 9.5-72(b)(4), (5) and (6) Monroe County
Code, are hereby amended to read as follows:
(4) Major deviations: If the holder of an
approved conditional use wishes to make an adjustment
to the approval that is not a minor deviation, approval
of the planning commission in accordance with the
provisions of subparagrapk-d--o-f--0iis subparagraph 443
(5) must be obtained. If the director of planning
finds that the development is not proceeding in sub-
stantial accordance with the approved plans or schedule
or that it fails in any other respect to comply with
the conditional use approval issued or any provision
contained in this chapter, that director shall immedi-
ately notify the development review coordinator; and
the planning commission aad-eke-beard-a€-eeti�y-eeis-
siemers- co--&-aueh- f.ae , and may, if necessary for the
protection of the public health, safety or welfare,
notify the building official to issue a temporary order
stopping any and all work on the development until such
time as any noncompliance is cured. No action may be
taken by the planning commission e�-�lqe-bes��-a€-eeti��y
eeam}ss€eners which effectively amends the conditional
use approval except by way of the procedures set out in
section 9.5-69.
10
(5) Action by the planning commission: Within
thirty (30) working days following notification by the
director of planning that work is not proceeding in
substantial accordance with the approved plans or
schedule or in some other respect is not in compliance
with the conditional use approval, the commission
shall:
a. Determine that action be taken to -wring
development into substantial compliance; or
b. Determine that the conditional. use approval
be revoked; or
C. Authorize adjustments to the approved condi-
tional use approval when such adjustments appear
necessary in light of technical or engineering consid-
erations first discovered during actual development and
not reasonably anticipated during the initial approval
process. Such adjustments shall be consistent with the
intent and purpose of the conditional use approval as
permitted, and shall be the minimum necessary to
overcome the particular difficulty. No adjustment
shall be inconsistent with the requirements of this
chapter. Prior to considering action on such adjust-
ments, the planning commission shall make inquiry of
any person or persons having information which may
relate to the basis for consideration of an adjustment,
but shall act as promptly and as expeditiously as
possible. If the planning commission determines that
11
an adjustment is necessary, it may, without public
hearing, approve the following adjustments, provided
that such adjustments do not have the effect of reduc-
ing the open space required under the provisions of
section 9.5-262 or 9.5-343:
(i) Alteration of the bulk regulations for any
one (1) structure by not more than five (5) percent;
(ii) Alteration of the location of any one (1)
structure or group of structures by not more than ten
(10) feet;
(iii) Alterations of such other requirements or
conditions as were imposed in the approval of the
conditional use or in approval of the final development
plan by not more than five (5) percent or, in the case
of location, a variation of not more than ten (10) feet
from the location approved in the final plan, so long
as in all cases such adjustments are in accord with the
parameters established in the conditional use approval.
d. In the event the building official has issued
a temporary order stopping work as provided for herein,
the planning commission shall, within thirty (30)
working days from the date of the issuance of the
temporary order:
(i) Proceed to revoke the conditional use
approval; or
12
(ii) Overrule the action of the building offi-
cial, in which case the temporary order shall immedi-
ately become null and voids -or
E i i i } -The - -sl) e4-1- -jtrb A-t -e--i-eror-tr -of -its
ae�ieR-�e-�13e-bee�d-a€-eet�R�y-ee�issiene�s-
E6}--Ae�ieR-by-��re-�rot�d--o-€-eor���y-ee�aissieRe�s-
upon---ar-repent--o-r- _.fT ar-t13e
}BRRiAg-ee�3ss�e�;--t��o�d--o-€-eo�t��y-eea�iseieRe�B
?Ray-
aneet
a:--- -€aets
b:--- Gen aider- iced-i-e-t-e-1-y--Eern}RetiRg-t-kre-eon di-
�ieRai-t�se-app�exai-and-pew}��-ep
e :--- Geasidet- -eve inrR4lRg--site--e-e-tnirxr-o-€-trl;�e-bttiid-
ing-a€iieiai-
(6) The holder of a conditional use approval
aggrieved by the decision of the planning commission
made pursuant to paragraph (5), may request an appeal
before a hearing officer under the hearing officer
appellate article of these regulations by filing the
notice required by that article within thirty (30) days
of the date of the written decision of the planning
commission.
Section 9. Sec. 9.5-72(d) Monroe County Code, is hereby
amended by the addition of:
13
(3) The holder of a conditional use approval
aggrieved by the decision of the planning commission
Pursuant to subparagraph two (2) may request an appeal
hearing before a hearing officer under the hearing
officer appellate article of these regulations by
filing the notice required by that article within
thirty (30) days after the date of the written decision
of the planning commission.
Section 10. Sec. 9.5-73 Monroe County Code, is hereby
amended to read as follows:
A conditional use permit may be amended, extended,
varied or altered only pursuant to the standards and
procedures established for its original approval as or
as otherwise set forth in this article.
Section 11. Sec. 9.5-75 Monroe County Code, is hereby
created to read as follows:
Sec. 9.5-75. Developments of regional impact and
development agreements.
Notwithstanding anything contained in this article
or elsewhere in the Monroe County land development
regulations, when a conditional use is also a develop-
ment of regional impact or is to be the subject of a
development agreement under Secs. 163.3225, et seq.,
Fla. Stat., the final development approval, and the
approval of any deviations therefrom, shall be reserved
to the county commission as provided by general law
with no right of appeal to the hearing officer.
14
Section 12. Sec. 9.5-407(c)(4), Mop -roe County Code, is
hereby created to read as follows:
(4) Any person participating as an appellant or
appellee in any planning commission hearing held
Pursuant to this subsection of Sec. 9.5-407, Monroe
County Code, may request an appeal of the planning
commission's decision under the hearing officer appel-
late article of these regulations by filing the notice
required by that article within thirty (30) days after
the date of the written decision of the planning
commission.
Section 13. Sec. 9.5-409(b)(5), Monroe County Code, is
hereby amended to read as follows:
(5) Any person having an interest in the sign or
the property may appeal the determination of the code
enforcement official ordering removal or compliance by
filing an appeal wk--tiety
wj tk is ---i--t-e� days- -a-f-t-e-r- -tke - d-e-te- -o-€ - r e e e i Laing
said-gio-tice pursuant to Sec. 9.5-521, Monroe County
Code.
Section 14. Sec. 19-218(i) Monroe County Code, is hereby
amended to read as follows:
(i) Appeals: All persons aggrieved by the
actions of the planning commission in granting or
denying requested alcoholic beverage permits skall-pave
eke-�igk�-ta-���pe$�-stre��--ec�ti�r-��etrt -t-o-eke-p�eee-
dure--deec-r-.-be-d--ln-s-ec-t-iDr--9•.-5-69-(-e). may request an
15
aooeal hearing before a hearing officer under the
hearing officer appellate article (Art. XIV, Chap. 9.5,
Monroe County Code) by filing the notice required by
that article within thirty (30) days after the date of
the written decision of the planning commission.
Section 15. Sec. 9.5-521(d), (e) and (f), Monroe County
Code, are hereby amended to read as follows:
(d) Effect of Filing an Appeal: The filing of a
notice of appeal shall stay all permit activity and any
proceedings in furtherance of the action appealed from
unless the administrative official rendering such
decision, determination or interpretation certified in
writing to the planning commission er-Oke-beard and the
applicant that a stay poses an imminent peril to life
or property, in which case the appeal shall not stay
further permit activity and any proceedings. The
commission er-beard shall review such certification and
grant or deny a stay of the proceedings.
(e) Action of the commission: The planning
commission shall
consider the appeal at a duly called public hearing
following receipt of all records concerning the subject
matter of the appeal. Any person entitled to initiate
an appeal may have an opportunity to address the
commission er-beard at that meeting; and argument shall
be restricted to the record below except that a party
appealing an administrative decision, determination or
W-1
interpretation shall be entitled to present evidence
and create a record before the planning commission; any
appeals before the hearing officer
shall be based upon and restricted to the record.
Ff� Appeal- to- $�-dr-o# -Gottrt-tg-Goy€gs}eeergr--AA
app e a 1- ieitiell j- -&ecke- -to - the- €r eER
aAy - 4 s3-of �,--d-etre-rai�ra-trioTt - e r - 3 rt r rre t t-i r- aaac� - by
aA-adm3A3strative--e--applr€eablre-to
the- beard- o-f.- e -e € - s deh
appeal-slra�.-�.--k�e-lA-�--€o-�r-p�ese�lbe�-�jr--t-k�-plaAA}Ag
di ee e-tlAd-it*tls -lre-mil-ec�- i-t-�}e-o-€€ -o€-the-eednty
eemmissiom!s--dee-irwiror-.---The- -o-€-etieh--ten--appeal
will- -ree�3�ne--tAie--seerretarzy--te--t4 9iee
�e-fe�wa�d-----�e-�t�e-bead-a€-eet�A�y-eetaa�lasieAe�a-eAy
aAd- aii- �eeo�ds--beivre--t-kre- -p��g-eo�rasroe• -wke �ke�
e an a i d e r e d- by- ��e-in- - its, - de e is i ee
or - mcw+A-y--rr-o-f_-f-e-r-e-&r-eeeeern €erg - the--s{t#rj-ee t-ma_tt-er6 - e €
the- -a"e$i:--44i-ilA.rne--t-o-file -ati- --t-he,-beard
-xAder--ehapter--t-o-- further- -eppee-l--the
deeiaieA-made-by-�l�e-plaxAiag-ee�lasieA-eeAee�A1Ag-eke
-o-€ - - the
administrative-effieial:
(f) Appeal to hearing officer. Any person
participating as an appellant or appellee at the
hearing described in subsection (e) of this section may
17
request an appeal of that decision under the hearing
officer appellate article of these regulations by
fili-ngthe notice required by that article within
thirty (30) days after the date of the written decision
of the planning commission.
Section 16. Sec. 9.5-523(d) Monroe County Code, is hereby
amended to read as follows:
(d) An application for a variance shall be
submitted to the development review coordinator in a
form prescribed by the planning director. The devel-
opment review coordinator shall schedule a hearing on
the variance upon receipt of a completed application.
The notice requirements shall be those described in
section 9.5-45. All applications for variances under
this section shall be heard and decided by the planning
commission at a regularly scheduled public hearing.
[appeals may be filed by any-person-deseribed-in-seetien
9 ;
e}one�Ne��eeckrr-e--set 4"t� h-in-seetien
--- Pin& -,qppe-a-l- -ehall- -be -fion- a-ird-e --et--Eke
bear d' s - tieKt- -regtA:a-r-1-y" -&c4iedia-l-ed- -me-e-t ing-€eiiowi-ng -Eke
-
ane e- - - Ae - s��ea1- ���:--t-�te--gr��ti�►g -o€ -g -�a� i an e e-t�Ade�
kis-see on-sli$� -s-te '-arry-V-roeeeuirs'-car -development
in- -e-f--sttc-13- rc�--d-nlea a--t4-re--planning
dire a ter - she-14- �re-t-t i�-,F.- -t-e - t k e - bee-rd- -o-f--eeuT:�ty - e omm i s -
sieAe�s-�lie�--a--e���-i�peses-a�+--i�rt-pe-r-rl--�o-lice
ff:3
er- o -y-: --The-b-&a-r�-may,-review--t--re--eerti€ieaeiee
and-grant-er-deny-e-stay-ei-Eke-preeeedings-er-de�*elep-
meAt:--TTkre-bee-rd;- -in - e;t-i-e -i g-the--rf--the
p l ann i n g --eommirss-i-e4i-,- - she-11- -dot-errmrrte - 44 :- - - P r e e e dti-ra i
dtie-preeess-was-aiierdedt-the-essential-requirements-ef
law-€allowed;-and-whether-Eke-deeision-Was-stipperted-by
atibstantial-and-eempetent-evidenee---Tke-beard-shall-in
ne- evecrt- ifrg--cle,-neve-E0 r -t-lre-appliea-
tier: an owner, applicant, adjacent property owner,
any aggrieved or adversely affected person as defined
by Sec. 163.3215(2), Fla. Stat., or any resident or
real property owner may request an appeal of the
Planning commission's variance decision under the
hearing officer appellate article of these regulations
by filing the notice required by that article within
thirty (30) days of the date of the written variance
decision of the planning commission.
Section 17. Article XIV, Chap. 9.5, Monroe County Code, is
hereby created to read as follows.
ARTICLE XIV.
HEARING OFFICER APPELLATE ARTICLE
Sec. 9.5-535. Jurisdiction.
Hearing officers shall review by appeal planning
commissior_ action when authorized by the Monroe County
land development regulations or Chap. 19, Monroe County
Code.
Sec. 9.5-536. Invocation of jurisdiction.
19
The jurisdiction of the hearing officer under this
article shall be invoked by filing, a copy of the notice
of the appeal and the filing fee with the secretary to
the planning commission. The county commission shall
establish a reasonable filing fee. The form of the
notice shall be prescribed by the planning director.
Sec. 9.5-537, Preparation of the record.
Within thirty (30) days of filing the notice, the
secretary shall prepare the record _prescribed in
Section 4 of this article and serve copies of the index
of the record on all parties. Within ninety (90) days
of the filing of the notice, the secretary shall
transmit the record to the hearing officer and copies
to all parties. The county commission may establish
reasonable fees for copies furnished the parties.
Sec. 9.5-538. Contents of the record.
(a). The record in a case governed by this article
shall consist only of:
(1) All applications, memoranda, or data
submitted to the planning commission;
(2) Evidence received or considered by the
planning commission;
(3) Questions and proffers of proof, ob-
jections, and rulings thereon, presented to the plan-
ning commission;
(4) The transcript of the hearing before the
planning commission transcribed by a certified court
20
reporter at the expense of the appellant and furnished
to the secretary; and
(5) The order of the planning commission.
(b) The secretary shall prepare the record in the
following fashion:
(1) Upon receipt of the transcript from the
court reporter, each page shall be consecutively
numbered. The transcript shall be securely bound in
consecutively numbered volumes not to exceed 200 pages
each.
(2) The remainder of the record, including
any supplements, shall be consecutively numbered and
securely bound in volumes not to exceed 1-00 pages.
(3) The secretary shall prepare a complete
index to the record.
(c) The burden to ensure that the record is
prepared and transmitted to the hearing officer and the
parties shall be on the appellant.
(d) If there is an error or omission in the
record, the parties by stipulation, the planning
commission, or the hearing officer may correct the
record. If the hearing officer finds the record
incomplete, he shall direct a party to supply the
omitted parts of the record. No case shall be decided
because the record is incomplete until an opportunity
to supplement the record has been given.
21
(e) The record shall be returned to the secretary
after the disposition of the case by the hearing
officer.
Sec. 9.5-539. Contents of the briefs.
(a) The appellant's initial brief shall be filed
with the hearing officer and served on the parties
within fifty (50) days of the filing_ of the notice.
The appellee's answer brief shall be filed and served
within twenty (20) days of service of the initial
brief. The appellant's reply brief, if any, shall be
filed and served within ten (10) days of service of the
answer brief.
(b) The contents of the initial brief shall
include:
(1) A table of contents listing the issues
presented for review, with reference to pages.
(2) A table of citations with cases listed
alphabetically, statutes and other authorities and the
pageses`of the brief on which each citation appears.
(3) A statement of the case and of the
facts. which shall include the nature of the case, the
course of the proceedings, and the disposition in the
lower tribunal. References to the appropriate pages of
the record or transcript shall be made.
(4) A summary of argument, suitably para-
graphed, condensing succinctly, accurately, and clearly
the argument actually made in the body of the brief.
22
(5) Argument with regard to each issue.
(6) A conclusion, of not more than one page,
setting forth the precise relief sought.
(c) The contents of the answer brief shall be
prepared
in the same manner as
the
initial brief
provided
the statement of the case
and
facts shall be
omitted unless there are areas of
disagreement,
which
should be
(d)
clearly specified.
Contents of the reply brief
shall contain
argument
in response and rebuttal to argument
presented
in the answer brief.
(e) The initial and answer
briefs shall not
exceed 50 pages in length. Reply briefs shall not
exceed 15 pages in length. The table of contents and
the citation of authorities shall be excluded from the
computation.
Sec. 9.5-540. Oral argument and the contents and
effect of the hearing officer's order.
(a) Within sixty (60) days of the filing of the
briefs and the record, the hearing officer shall
schedule the case for oral argument.
(b) Within forty-five (45) days of oral argument,
the hearing officer shall render an order which ma
affirm, reverse or modify the order of the planning
commission. The hearing officer's order may reject or
modify any conclusion of law or interpretation of the
Monroe County land development regulations or compre-
23
hensive plan in the planning commission's order,
whether stated in the order or necessarily implicit in
the planning commission's determination, but he may not
reject or modify any findings of fact unless he first
determines from a review of the complete record, and
states with particularity in his order, that the
findings of fact were not based upon competent substan-
tial evidence or that the proceeding before the
planning commission or which the findings were based
did not comply with the essential requirements of law.
(c) The hearing officer's final order shall be
the final administrative action of Monroe County.
Sec. 9.5-541. Motions and sanctions.
Upon the application of any party, the hearing
officer may grant relief under this article or impose
sanctions for the failure of a party to comply_ with
this article, including the striking of untimely,
irrelevant or scandalous portions of a brief or the
record or the dismissal of an appeal, as the interests
of justice may require. An application for an order
seeking sanctions for failure of a party to comply with
this article or for other relief under this article
shall be made by filing a motion stating_ the sanction
or relief sought and the basis therefor with the
hearing officer and serving a copy on the opposing
Party. A motion for an extension of time shall, and
other motions may, contain a certificate from the
24
movant or his counsel that he has consulted the oppos-
ing parties or, if they have counsel, opposing counsel
and that he is authorized to represent that they have
no objection or that they will promptly file an ob-
jection. A party may file and serve one response to a
motion within ten (10) days of service of the motion.
The service and filing of a motion shall not toll the
time by which any act must be performed under this
article unless so ordered by the hearing officer.
Within fifteen (15) days of the filing of the T-otion or
the response as appropriate, the hearing officer shall
grant any sanction or relief as may be appropriate but
shall not dismiss any appeal without affording the
appellant at least one opportunity to correct the
offending error.
Sec. 9.5-541". Automatic stay of order to be reviewed.
The filing of an appeal under this article shall
overate as ar. automatic stay on the effectiveness of
any development order to be reviewed unless the stay is
dissolved by the hearing officer upon the motion of a
party showing that the interests of justice require
such dissolution.
Section ll. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
25
r
Section 18. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 19. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 20. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of A.D., 1993.
Mayor London
Mayor Pro Tem. Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL)
Attest: DANNY L.KOLHAGE, Clerk
B-7
Deputy Clerk
EFFECTIVE DATE
vihearing
BOARD OF COUNTY COM1111SSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
.AND LEGAL SU I�IFNL'Y.
26