Ordinance 032-2005 _%
ORDINANCE NO.Q 2005
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ADOPTING INTERIM
AMENDMENTS TO CHAPTER 9.5, MONROE COUNTY CODE
[LAND DEVELOPMENT REGULATIONS], IN REPONSE TO
HURRICANE WILMA BY CREATING A NEW SECTION 9.5-227,
EMERGENCY . TEMPORARY HOUSING; PROVIDING FOR
TEMPORARY PLACEMENT OF RVS; PROVIDING SPECIFIC
STANDARDS AND PROCEDURES FOR APPROVAL OF RVS AS
TEMPORARY EMERGENCY HOUSING; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR FILING
IN THE OFFICE OF THE MONROE COUNTY CLERK AND THE
SECRETARY OF STATE OF THE STATE OF FLORIDA; AND
PROVIDING FOR EXPIRATION WITHIN 270 DAYS OF THE
EFFECTIVE DATE.
WHEREAS, unincorporated Monroe County has suffered significant property
damage,particularly due to the storm surge from Hurricane Wilma; and
WHEREAS, pursuant to F.S. 252.36, the Governor executed executive order 05-
219 declaring a state of emergency in Florida; and
WHEREAS, said declaration of emergency specifically invokes F.S.252.46 (1)
authorizing political subdivisions to make such orders and rules necessary for emergency
management purposes; and
WHEREAS, pursuant to F.S. 252.38 and Monroe County Ordinance No. 028-
1987, on October 26, 2005 Monroe County issued a Declaration of Local Emergency for
a period of 7 days thereby waiving the procedures and formalities otherwise required by
the political subdivision to authorize action as necessary to insure the health, safety and
welfare of the community; and
WHEREAS, the County has extended the State of Local Emergency in Monroe
County and through Emergency Directive #2005-16 established provisions for the
relaxation of the County's Land Development Regulations for the placement of RVs to
provide emergency temporary housing; and
WHEREAS, the eventual termination of the State of Local Emergency and the
continued need for emergency temporary housing during the Hurricane Wilma recovery
period requires the Board of County Commissioners to adopt interim development
regulations; and,
Page 1 of 4
WHEREAS, in accordance with the requirements of F.S. 252.46(2), the Board of
County Commissioners has promulgated this interim development regulation creating
Sections 9.5-227 of the Monroe County Code to provide for the temporary placement of
RVs to provide temporary emergency housing for storm-displaced residents.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,FLORIDA, THAT:
Section 1. The Board hereby adopts the above referenced statutory citations as
findings of fact.
Section 2. Section 9.5-227, Monroe County Code, is hereby created that reads as
follows:
Sec. 9.5-227. Temporary Emergency Housing
(a) Purpose: It is the purpose of this section to provide interim regulations
that allow for the relaxation of the use prohibitions in article VII, division 2 of this
chapter to allow temporary emergency housing during the recovery period from
Hurricane Wilma.
(b) Definitions: As used in this Ordinance, the following terms shall have the
definitions provided, unless the context clearly provides otherwise:
(1) Recreation vehicles shall be as defined in sec. 320.01, Florida Statutes.
(2) Temporary emergency housing shall mean"recreational vehicles" used for
temporary occupancy in response to Hurricane Wilma;
(c) Placement of single RV's for temporary emergency housing on single
family lots: Notwithstanding the provisions of this chapter, recreational vehicles may be
placed on a single family lot for temporary occupancy by tenants displaced by hurricane
damage to the lawfully-established dwelling unit on the lot subject to the following
conditions:
(1) The dwelling has incurred sufficient damage to make the dwelling
uninhabitable as determined by photographic evidence provided by the
applicant or an inspection by an official from the county building
department or code enforcement department;
(2) A building permit has been issued for repair of damages caused by the
hurricane to make the residential structure habitable;
(3) Placement of the RV shall require a no-fee building permit, linked to the
building permit issued for hurricane damage repair, that shall require prior
to its issuance, approval by the building official of its siting location on the
Page 2 of 4
lot and a Department of Health permit authorizing the connection of the
RV to an on-site wastewater treatment and disposal system or to an
existing community wastewater treatment system;
(4) The size of the RV to be placed on the lots shall be limited to eight(8) feet
in width and thirty-two (32) feet, if lacking self-propulsion, and eight (8)
feet in width and forty-two (42) feet in length, if self-propelled;
(5) The RV shall remain on the property for a period not to exceed 180 days
from the date of permit issuance or until the final inspection or certificate
of occupancy is issued on the repairs made to the residential dwelling,
whichever comes first.
(d) Placement of RVs for temporary emergency housing on non-residential
properties: Notwithstanding the provisions of this chapter, one or more recreational
vehicles may be temporarily placed by permit on properties in non-residential land use
districts and on publicly-own lands, excluding lands designated for conservation and
resource protection, to house County residents displaced by Hurricane Wilma and/or
hurricane recovery workers. The size of the RVs to be temporarily placed shall be in
accordance with (c)(4) above. Permitting approval of the temporary placement of RVs
shall require submittal of a no-fee permit application to the building department to be
approved by the building official, including a site plan pursuant to requirements
established by the building official. Upon final inspection by the building official of the
temporary construction granted by said permit, authorization for the occupancy of the
property for temporary emergency housing shall not exceed 180 days from the date of the
final inspection.
Section 3. Pursuant to the provisions of F.S. 252.46, this ordinance shall become
effective immediately upon filing in the office of the Monroe County Clerk.
Section 4. This ordinance shall stand repealed as of 11:59 p.m. on the 270th day after
the effective date of this ordinance, unless repealed sooner by the Board of County
Commissioners.
Section 5. If any section, subsection, sentence, clause, item, charge or provision of
this ordinance is held invalid, the remainder shall not be affected by such invalidity.
Section 6. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of such conflict.
[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK.]
,
•
Section 7. This ordinance shall be filed with the Office of the Secretary of State of
the State of Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on the 16th day of November,
2005.
Mayor Charles "Sonny" McCoy =ayes
Mayor Pro Tem Murray Nelson Yes
Commissioner Dixie Spehar Yes
Commissioner George Nugent Yes
Commissioner David Rice Not Present
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN FLORIDA
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CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ< (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAJ< (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAJ< (305) 852-7146
December 9,2005
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekley
RA. Gray Building
500 S Bronough Street
Tallahassee FL 32399-0250
Via Certified Mail 7002 2030 0001 2668 9525
Dear Ms. Cloud,
Enclosed please find a certified copy of the following:
Ordinance No. 031-2005 adopting interim amendments to Section 6-17 (permit
Requirements) of the Monroe County Code in response to Hurricane Wilma; Providing
exemptions from permitting requirements for a limited period of time; Providing for repeal of all
Ordinances inconsistent herewith; Providing an effective date; Providing for filing in the Office of
the Monroe County Clerk and the Secretary of State of the State of Florida and providing for
expiration within 90 days of the effective date,
Ordinance No, 032-2005 adopting interim amendments to Chapter 9.5, Monroe County
Code (Land Development Regulations), in response to Hurricane Wilma by creating a new
Section 9.5-227, Emergency Temporary Housing, Providing for temporary placement of RV's;
Providing for specific standards and procedures for approval of RV's as temporary emergency
housing; Providing for repeal of all Ordinances inconsistent herewith; Providing an effective date;
Providing for filing in the Office of the Monroe County Clerk and the Secretary of State of the
State of Florida; and providing for expiration within 270 days of the effective date,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting in formal session on November 16,2005. Please file for record. Should you
have any questions please feel free to contact me at (305) 292-3550.
..
Monroe County Clerk's Office ,
Ordinance Nos. 031-2005 & 032-2005
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Danny L. Kolhage
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Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela.G. Hancock, D.C.
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FLORIDA DEPARTMENT OF STATE
David E. Mann
Secretary of State
DIVISION OF LIBRARY AND INFORMATION SERVICES
December 16, 2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated December 9, 2005 and certified copies of Monroe County Ordinance
Nos. 031-2005 and 032-2005, which were filed in this office on December 15,2005.
Sincerely,
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QSTATE LIBRARY OF FLORIDA
R.A. Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TDD: (850) 922-4085. http://www.dos.state.fl.us
QLEGISLATIVE LIBRARY SERVICE Q RECORDS MANAGEMENT SERVICES QFLORIDA STATE ARCHIVES
(850) 488-2812. FAX: (850) 488-9879 (850) 487-2180. FAX: (850) 413-7224 (850) 245-6700. FAX: (850) 488-4894
QADMINISTRA TIVE CODE AND WEEKLY
(850) 245-6270. FAX: (850) 245-6282
DCA Final Order No.: DCA06-0R-009
In re: MONROE COUNTY LAND
DEVELOPMENT REGULATIONS
ADOPTED BY ORDINANCE NO. 032-2005
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IMMEDIA TE FINAL ORDER :..,.~.; -:: ~
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The Department of Community Affairs (the "Department") hereby issues lliis Imm~ate
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Final Order, pursuant to ~ 120.569(2)(n), ~380.05(6), and ~380.0552(9), Fla. Stat. (2005),
approving a land development regulation adopted by a local government within the Florida Keys
Area of Critical State Concern as set forth below.
FINDINGS OF FACT
I. Monroe County is a local government within the Florida Keys Area of Critical State
Concern.
2. On December 30, 2005, the Department received for review Monroe County
Ordinance No. 032-2005, adopted by the Monroe County Board of County Commissioners on
November 16,2005 ("Ord. 032-2005"). Ord. 032-2005 adopts interim amendments to Chapter
9.5 Monroe County Code by creating a new Section 9.5-227, Emergency Temporary Housing;
providing for the temporary placement of Recreational Vehicles; and providing specific
standards and procedures for approval of Recreational Vehicles as temporary emergency housing
for storm-displaced residents. Ord. 032-2005 is a temporary measure; Section 4 provides that
Ord. 032-2005 is repealed after 270 days.
3. As a result of the devastating effects of Hurricane Wilma, certain residents of Monroe
County have been forced to evacuate their homes and require temporary housing. Based upon
the information contained in Ord. 032-2005, the Department finds that there is an immediate
danger to the public health, safety and welfare that requires the issuance of an Immediate Final
Order.
4. Ord. 032-2005 is consistent with the County's 2010 Comprehensive Plan.
DCA Final Order No.: DCA06-0R-009
CONCLUSIONS OF LAW
5. The Department is required to approve or reject land development regulations that are
enacted, amended or rescinded by any local government in the Florida Keys Area of Critical
State Concern. 9380.05(6), and 9380.0552(9), Fla. Stat. (2005).
6. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. 9380.0552, Fla. Stat. (2005) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
7. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development ofland. 9380.031(8), Fla. Stat. (2005). The regulations
adopted by Ord. 032-2005 are land development regulations.
8. All land development regulations enacted, amended or rescinded within an area of
critical state concern must be consistent with the Principles for Guiding Development (the
"Principles") as set forth in 9380.0552(7), Fla. Stat. See Rathkamp v. Department of Community
Affairs, 21 F.A.L.R. 1902 (Dec. 4, 1998), aff'd, 740 So. 2d 1209 (Fla. 3d DCA 1999). The
Principles are construed as a whole and no specific provision is construed or applied in isolation
from the other provisions.
9. Ord. 032-2005 promotes and furthers the following Principles:
(a) To strengthen local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(k) To provide adequate alternatives for the protection of public
safety and welfare in the event of a natural or manmade disaster
and for a post disaster reconstruction plan.
10. Ord. 032-2005 is not inconsistent with the remaining Principles. Ord. 032-2005 is
consistent with the Principles for Guiding Development as a whole.
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DCA Final Order No.: DCA06-0R-009
11. Because there is an immediate danger to the public health, safety and welfare, the
approval of Ord. 032-2005 shall be effective immediately. ~ 120.569(2)(n), Fla. Stat. (2005).
WHEREFORE, IT IS ORDERED that:
A. Monroe County Ordinance 032-2005 is found to be consistent with the Principles for
Guiding Development of the Florida Keys Area of Critical State Concern, and is hereby
APPROVED; and
B. This Order and Monroe County Ordinance 032-2005 shall become effective
immediately upon filing with the Agency Clerk.
DONE AND ORDERED in Tallahassee, Florida.
~L.~
THADDEUS L. COHEN, Secretary
Department of Community Affairs
NOTICE OF RIGHTS
1. Challenges to the Immediate Effective Date:
ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS IMMEDIATE FINAL
ORDER AND WHO DISPUTES THE FINDING THAT THERE IS AN IMMEDIATE
DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE THAT REQUIRES AN
IMMEDIATE FINAL ORDER MAY APPEAL THIS IMMEDIATE FINAL ORDER ON
THAT BASIS OR SEEK AN INJUNCTION TO SET ASIDE THE IMMEDIATE NATURE OF
THIS ORDER PURSUANT TO SECTIONS 120.569(2)(n) AND 120.68(1), FLORIDA
STATUTES.
A. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF
APPEAL MUST BE FILED WITH THE DEPARTMENT'S AGENCY CLERK,
2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-
2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS PUBLISHED IN THE
FLORIDA ADMINISTRATIVE WEEKLY. THE NOTICE OF APPEAL MUST
BE SUBST ANTIALL Y IN THE FORM PRESCRIBED BY FLORIDA RULE OF
APPELLATE PROCEDURE 9.900(a). A COpy OF THE NOTICE OF APPEAL
MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF
3
DCA Final Order No.: DCA06-0R-009
APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED
IN SECTION 35.22(3), FLORIDA STATUTES.
B. TO SEEK AN INJUCTION, A COMPLAINT MUST BE FILED
WITH THE APPROPRIATE CIRCUIT COURT PURSUANT TO THE
FLORIDA RULES OF CIVIL PROCEDURE. THE COMPLAINT MUST BE
ACCOMPANIED WITH THE FILING FEE REQUIRED BY THE CLERK OF
THE CIRCUIT COURT.
II. Challenges to All Other Issues:
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
.PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MA TERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
A. IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY
DISPUTED ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S
ACTION, THEN THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL
ONE, CONDUCTED PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA
STATUTES, AND CHAPTER 28-106, PARTS I AND III, FLORIDA
ADMINISTRATIVE CODE. IN AN INFORMAL ADMINISTRATIVE
PROCEEDING, YOU MAY BE REPRESENTED BY COUNSEL OR BY A
QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT WRITTEN OR ORAL
EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR REFUSAL TO
ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE
DEPARTMENT HAS CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
B. IF YOU DISPUTE ANY ISSUE OF MA TERIAL FACT STATED IN THE
AGENCY ACTION, THEN YOU MAY FILE A PETITION REQUESTING A
FORMAL ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW
JUDGE OF THE DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO
SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, AND CHAPTER 28-106,
PARTS I AND II, FLORIDA ADMINISTRATIVE CODE. AT A FORMAL
ADMINISTRATIVE HEARING, YOU MAYBE REPRESENTED BY COUNSEL OR
OTHER QUALIFIED REPRESENTATIVE, AND YOU WILL HAVE THE
OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON ALL THE
ISSUES INVOLVED, TO CONDUCT CROSS-EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, TO SUBMIT PROPOSED FINDINGS OF FACT AND
ORDERS, AND TO FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
4
DCA Final Order No.: DCA06-0R-009
C. IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE
DEPARTMENT OF COMMUNITY AFFAIRS A WRITTEN PLEADING ENTITLED,
"PETITION FOR ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR
DAYS OF PUBLICATION OF THIS NOTICE. A PETITION IS FILED WHEN IT IS
RECEIVED BY THE AGENCY CLERK, IN THE DEPARTMENT'S OFFICE OF
GENERAL COUNSEL, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE,
FLORIDA 32399-2100.
D. THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE
28-106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL
PROCEEDING IS REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN
ACCORDANCE WITH RULE 28-106.301, FLORIDA ADMINISTRATIVE CODE. IF
A FORMAL HEARING IS REQUESTED, THEN THE PETITION SHALL BE
SUBMITTED IN ACCORDANCE WITH RULE 28-106.201(2), FLORIDA
ADMINISTRATIVE CODE.
E. A PERSON WHO HAS FILED A PETITION MAY REQUEST
MEDIATION. A REQUEST FOR MEDIATION MUST INCLUDE THE
INFORMATION REQUIRED BY RULE 28-106.402, FLORIDA ADMINISTRATIVE
CODE. CHOOSING MEDIATION DOES NOT AFFECT THE RIGHT TO AN
ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION
WITH THE AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS
FINAL ORDER.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Immediate Final Order has been
filed with the undersigned Agency Clerk, and that truei1:/!rtrrect copies have been furnished to
the persons listed below by the method indicated this ay of January, 2006.
By U.S. Mail:
Honorable Charles "Sonny" McCoy
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
5
Danny L. Kolhage
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
Timothy J. McGarry, AICP
Director, Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
By Hand Delivery or Interagency Mail:
Rebecca Jetton, ACSC Administrator
Richard E. Shine, Assistant General Counsel
DCA Final Order No.: DCA06-0R-009
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