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Ordinance 023-1992 F fLED F OF' R[~{~OP~" "92 JUL 23 !~1O:4 'j Commissioner Stormont ! .:;: ORDINANCE NO. 023-1992 (': l...L l WlHR[]" .;hAN. ,ORDINANCE OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, REPEALING SECTION 13-39, MONROE COUNTY CODE, ENVIRON- MENTAL PROTECTION OFFICE/NOISE CONTROL OFFICE DEFINITION; REPEALING SECTION 13-40, MONROE COUNTY CODE, SETTING FORTH THE POWERS AND DUTIES OF THAT OFFICE; AMENDING SECTION 13-47, MONROE COUNTY CODE, BY PROVIDING THAT THE PLANNING DIRECTOR SHALL GRANT OR DENY APPLICATIONS FOR SPECIAL VARIANCES FROM THE REQUIREMENTS OF CHAPTER 13, ARTICLE 3, MONROE COUNTY CODE (NOISE CONTROL ORDINANCE), PROVIDING FOR NOTICE TO PERSONS WHO MAY BE ADVERSELY AFFECTED AND MEMBERS OF THE PUBLIC, AND PROVIDING FOR AN APPEAL OF THE PLANNING DIRECTOR'S DECISION TO THE COUNTY COMMISSION; Al1ENDING SECTION 13-49, MONROE COUNTY CODE, IN ORDER TO PROVIDE THAT THE COUNTY CODE ENFORCEMENT DEPARTMENT MAY ENFORCE CHAPTER 13, ARTICLE 3, MONROE COUNTY CODE (NOISE CONTROL ORDINANCE); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 7, 1978, the Board of County Commissioners enacted Ordinance No. 11-1978 as the "Noise Control Ordinance of the County of Monroe, and subsequently amended such ordinance changes so as to provide clarification of policy so stated in that Ordinance; and WHEREAS, the Board of County Commissioners of Monroe County now desires to clarify enforcement policies and procedures so stated in Ordinance No. 11-1978; now, therefore, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: I ' Section 1. Section 13-39 Definitions and standards of the Monroe County Code is hereby amended by deleting the definition of Environmental Protection Office/Noise Control Office (EPO/NCO). Section 2. Section 13-40 Powers and duties of the environmental (noise control) office of the Monroe County Code is hereby repealed. Section 3. Section 13-41 Duties and responsibilities of other departments of the Monroe County Code is hereby repealed. Section 4. Section 13-47, Monroe County Code, is hereby amended to read as follows: Sec. 13-47. Special Variances. (a) The planning director shall have the authority to grant special variances. (b) Any person seeking a special variance pursuant to this ordinance shall file an application with the planning director, on a form approved by the director. The application shall contain information which demonstrates that bringing the source of sound or activity for which the special variance is sought into compliance with this ordinance would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Notice of an application for a special variance shall be given by the planning director by registered 2 mail to any persons the director may believe frequent the area of the sound or activity and who may be adversely affected by the granting of the variance. Notice shall also be sent by registered mail to any adj acent property owners if the sound or activity for which the variance is sought is to be a fixed site. Both notices shall be mailed within five business days of the planning director's receipt of a complete application. Within ten business days of the planning director's receipt of a complete application, the planning director shall also cause to be published in a newspaper of general circu- lation a notice describing the proposed special variance and informing any persons who believe they may be adversely affected if the special variance is granted of the method of filing a protest. Any person who claims to be adversely affected, and any adj acent property owner in the case of a fixed site, may file a statement with the planning director containing any information to support his claim. The statement must be filed within five business days of the person's receipt of the planning director's notice or the date of publication of the 3 notice of special variance. Applicants for special variances, or persons contesting special variances, may be required to submit any information the planning director may reasonably require. Upon a determination that the application is complete, the time has expired for the receipt of any statements contesting the special variance, and that any information needed has been received from persons contesting the variance, the planning director shall then render a decision granting or denying the special variance within two business days. (c) In determining whether to grant or deny the application, the planning director shall balance the hardship on the applicant, the community, and other persons of not granting the special variance against the adverse impact on the health, safety, and welfare of persons affected, the adverse impact on property affected, and any other adverse impact of granting the special variance. In granting or denying an application, the planning director shall reduce his decision to writing and state the reasons therefor. (d) The planning director shall notify the applicant and all persons who contested the 4 special variance of his decision by registered mail sent no later than the business day following the day the decision was rendered. The applicant or any person who contested the special variance may appeal the planning director's decision to the County Commission by filing a notice of appeal with the planning director within five business days of the receipt of the planning director's decision. The planning director shall agenda the appeal for the next regularly scheduled County Commission meeting and shall transmit to the Commission a coherent and orderly record of the special variance file in the custody of the planning director. If the planning director deter- mines that there is insufficient time to transmit the record in time for the next regularly scheduled County Commission meet- ing, he shall agenda the appeal for the following regularly scheduled meeting, or if time is of the essence, request the Mayor to schedule a special meeting. The County Commission shall entertain appeals pursuant to this ordinance on the record but shall allow the applicant and persons who contested the special variance to make such argument 5 based on the record as they may choose, subj ect to any reasonable time limits the County Commission may determine. The County Commission may also request the planning director to elaborate upon or explain any documents or other evidence in the record. Upon conclusion of the parties' argument and the receipt of any comments from the planning director, the County Commission may affirm, reverse, or modify the decision of the planning director, based on the County Commission's evaluation of the record, the argument of the parties, and the comments of the planning director. The County Com- mission's decision shall be by resolution and shall state the reasons therefor. (e) A variance will not exceed three hundred sixty-five (365) days from the date on which it was granted. Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under this section. Section 5. Section 13-49 Enforcement - Generally of the Monroe County Code is amended to add subsection (d) as follows: (d) As an alternative method of obtaining compliance with the provisions of this 6 I ' article, the Code Enforcement Department of Monroe County may institute Code Enforcement proceedings against violators in lieu of subsection (a) and (b) above. Section 6. 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 7. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed to the extent of said conflict. Section 8. 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 9. 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 14th day of July, A.D., 1992. Mayor Harvey Yes Mayor Pro Tem London Yes Commissioner Cheal Yes Commissioner Jones Yes Commissioner Stormont Yes (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY'vQ~,~ eput er By: ~-."",I" ~ ~"."'-~ ",,"...-.. 'c- · MaYOr/Ch~".:~':,:~:~ r. "-".~._~" ~,' -- i\:t:Ja.(,;I';;; Ciii Data '"7--- ZG~ 'Z..- 7 Dann!, I. itolbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL, (305) 743.9036 CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-9253 July 23, 1992 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Liz Cloud, Chief Bureau of Administrative Code and Laws Department of State The Capitol Tallahassee, Florida 32301 ;P Q/r; sG'9 ~~ 3 Dear Mrs. Cloud: Enclosed please find a certified copy of Ordinance No. 023-1992 repealing Section 13-39, Monroe County Code, Environmental Protection Office/Noise Control Office defini- tion; etc. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on July 14, 1992. Please file for record. Very truly yours, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of Coun Commis 0 rs cc: Municipal Code Corporation Mayor W. Harvey P 6.J 0 Commissioner E. Cheal Commissioner D. Jones Commissioner J. London Commissioner J. Stormont County Attorney R. Ludacer County Administrator T. Brown Growth Management Director B. Herman Community Services Director P. Horton Finance Director S. Carlile File ty Clerk I 4'7r"} 01 ~ ~ J .." ~ ~-- FLORIDA DEPARTMENT OF STATE Jim Smith Secretary of State DIVISION OF ELECTIONS Room 2002, The Capitol, Tallahassee, Florida 32399-0250 (904) 488-8427 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County Courthouse 500 Whitehead Street Key West, Florida 33040 July 28, 1992 z C) ,~.. ::z: > :::Oh ~) l " ~ ~ I L.:' , Dear Mr. Kolhage: Attention: Rosalie L. Connolly, Deputy Clerk Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of July 23, 1992 and certified copies of Monroe County Ordinance Numbers 92-23, 92-24 and 92-25, which were received and filed in this office on July 27, 1992. ) j LC/mb Si~~ Liz Cloud, Chief Bureau of Administrative Code --.. '- .~ ""T1 r- ;-rJ '-=:l - , ) SENDER: . Complete items 1 and/or 2 for additional services . Complete items 3. and 4a & b. . . Print ~our name and addres5 on the reverse of this form so that we can return this card t~yOU - . A... ttach this for the front of the mailpiece, or on the-.....back if space d\"'le not permit. -.- , .. . 'Write' 'Return Receipt Requested" on the mailpiece below'the article number . The Return Receipt Fee will provide you the signature of the person delivere . to and the date of delivery. 3, Article Addressed to: ~~~~ ~~~' JcJt,/ "iL. 3';<301 I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address 5, Signature (Addressee) 2. {}/ d2. ess (Only if requested DOMESTIC RETURN RECEIPT I also wish to receive the following services (for an extra fee): 1. 0 Addressee'. Address . . CofIlp'-te item. 1 andlor 2 for eddlt\On8l MrvtceI, . complete 1_ 3. .net ,... . b, . PrInt y6ur tI8IM and llCkIreM on the reverie of this form so thet we can retUrn thle cerd to you. . . AlUch thl. formtG ,the front of the mellplece. or on the beCk If splice dCoIW not permit, . Write "RetUm R~ RequeetlId" on the mellplece below the el1lCle number . The Retum Receipt Fee will provide you the .Ignet\lre of the person dell to the dete of cIellvery, , Consult stmaster for fee. 3. Article Addressed to: .... 4a. Article Number 0 ..., ~ 3 .';<.b./~./ ~ f' 7/7 S-o/ Of~ ~ 4b. Service Type o Ju....... 0 Registered 0 Insured ~ertifled 0 COD .Ja..-CL.) .j?-"-. 3;),30/ tr - Mol' 0 "";m ~'f'1pt ... 7. Dste of Delivery 2. 0 Restricted Delivery 5. Signature (Addressee) 1992 8. Addressee's tI ress (Only if requested and fee is paid) *U,S, GpO: 1.1-_-- DOMESTIC RETURN RECEPT ~___~.._' ,..,."__~_.,_~~"_>O~_.._ p 630 477 0=62 &'rC& Certi1ied Fee Spedal Delivery Restricted Deli Return Receipt g \0 Whom & Date ~ Q) C ::J -, TOTAL Postage o & Fees o CO C") E & en a.. postmark or Date /)...j ~" /~" /1- (~.!t ~ -1'/ 7' =A ~c~~_________ P '?1'7 509 223 ~ Certified Mail Receipt - .~ No Insurance Coverage Provided ..... Do not use for International Mail ~ ~fr~~E (See Reverse) Sent to .~, Street & No. VM P.O., State & ZIP Code o.LL,) ~,,( Postage Certified Fee v Special Delivery Fee Return Receipt Sh g to Whom & Date De ~ Q) C ::l ...., TOTAL Postage o & Fees g Postmark or Date C") E o ~-S1.,~~ /" t" / ~;/ /,' / .' . , ~"""'--"_A....._ --------------- -_._--.-~-----_.- MUNICIPAL CODE CORPORATION 5upple.ent Department PC Box 2235 Tallahassee, Ft 3231f,-2235 Code Supplelent No. 46 08/03/92 We have received the followino lateri31. Thank you tor your assistance and Coooeration. Ordinance Nos. 019-1992. 020-1392. 021-1992, 022-1992, 023-1992. 024-1992 a~d 025-1992. l-avO-262-CODE (National) ------I 1.:__........",. --, l~=-__:::.J '" ~"- p..H .....c"" , ~a-__._,_,~ '" ~"" ~U'~,~ '''~r-p-'U-~;~S'~A''Fl~ ...., Ul,_ I~ v.v, I uli"' <( AUG - 3'9Af<11~ ~ :~ ~ ~ ~- I" j" I", . . .: -', ::::::: I 9}"' . - , ---. ~ j:'. ~f!E~ '" ..... L~ PB.SG72Z4 __ '" TOI "so Rosalie t. Connolly DE'putv Clerk I'lonroe County - P.O, Box 1980 Key lies t, FI. 33040 NH 1"1/,, .11," I' "Mill "" ,III,'" I" ',11,1111, III .. .-- -- -- - - - - "'., -- '., -.. - - --- ---. ----.. -.. - --.- -- -- - - --, -- .- --~----_.- ------~-- " .: "i',- :;i-; .1 ~.~.~..' !. <,' ~; ;~( .~. (., f ~...'- '."'" i,., , <~..