HomeMy WebLinkAboutOrdinance 006-1990 Commissioner Gene Lytton
ORDINANCE NO. 006 -1990
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C. AN ORDINANCE DECLARING THAT AN EMERGENCY
L ate. EXISTS AND WAIVING NOTICE BY A FOUR -FIFTH'S
VOTE; AMENDING SEC. 9.5-292, MONROE COUNTY
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t. •- ddbE, IN ORDER TO PROVIDE THAT CERTAIN TYPES
_01V CONSTRUCTION ACTIVITIES ARE NOT
i TELOPMENT FOR THE PURPOSES OF AFFECTING THE
AMEQUACY OF CAPITAL FACILITIES MEANING SUCH
" AP"T'IVITIES WILL NOT BE SUBJECT TO ANY
MORATORIA ON PERMIT ALLOCATION DUE TO
INADEQUATE CAPITAL FACILITIES; 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, a two to six week gap may occur between the
exhaustion of the 5% degredation allowance and the adoption of
the 1990 capital facilities report; and
WHEREAS, such a gap could create a building moratorium in
certain part of the Florida Keys; and
WHEREAS, it is desired to exempt from any moratorium, now and
in the future, certain tvves of construction wh;ph an nnt-
constitute an additional impact on existing capital facilities,
particularly the level of service on U.S. 1; and
WHEREAS, time is of the essence in exempting certain
construction activities from any potential moratorium; now,
therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. An emergency is hereby declared and notice
waived by a four -fifth's vote.
Section 2. Section 9.5-292, Monroe County Code, is
hereby amended by the addition of the following:
(6) In
addition
to
the exemptions
development
described in
Sec.
9.5-4(D-5)(c),
f rom
Monroe
County Code, the following construction activities
shall not be considered development for the purposes of
Sec. 9.5-292, Monroe County Code, only:
(a) The rebuilding or restoration of a
single family home damaged or destroyed by
fire, calamity, or natural disaster as long
as the rebuilding or restoration takes place
within the footprint of the destroyed or
damaged structure and as long as there is no
increase in density or intensity of use.
(b) The replacement of a mobile home upon
the same lot where the original was located
as long as there is no increase in density or
intensity of use.
(c) The construction of fences.
(d) The construction of slabs for existing
buildings.
(e) The pavement of driveways.
(f) The construction of docks and seawalls.
(g) The construction of tikis.
(h) The construction of swimming pools.
(i) The installation of storm shutters.
Section 3. 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 4. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 5. 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 6. This Ordinance shall take effect when a copy
has been accepted by the postal authorities of the Government of
the United States for special delivery by registered mail to the
Department of State, 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 : �_ day of _ ��� A.D., 1990.
(SEAL)
At t e s t: DANNY L X01HAGE, Clerk
MOO'k? i
r_
EFFECTIVE DATE:_
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By -
ayor airman
AMWOYEDAS TO FORM
AND LEGAL SUFFICIENCY.
BY `
Attornov's 0/ ice
wannp �L.orjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 743.9036 KEY WEST, FLORIDA 33040 TEL. (305) 852-9253
TEL. (305) 294.4641
March 16, 1990
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief 41- :509 _
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Emergency
Ordinance No. 006-1990 amending Sec. 9.5-292, Monroe County
Code, in order to provide that certain types of construction
activities are not development for the purposes of affecting
the adequacy of capital facilities, meaning such activities
will not be subject to any moratoria on permit allocation
due to inadequate capital facilities; etc.
This Emergency Ordinance was adopted by the Monroe
County Board of County Commissioners at a Regular Meeting in
formal session on March 7, 1990. Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board o ounty Comm' sinners
By:
Rosalie L. C nnolly, D uty Clerk
cc: Municipal Code Corporation 1-9-0140 '77
Mayor John Stormont
Mayor Pro Tem Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner Michael Puto
County Attorney Randy Ludacer
County Administrator Tom Brown
Acting Asst. Co. Admin. R. Herman
File
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FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904)488-8427
March 19, 1990
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of March 16, 1990 and
certified copy of Monroe County Emergency Ordinance No. 90-6,
which was filed in this office on March 19, 1990.
Sincerely,
Liz Cloud, Chief
Bureau of Administrative Code
LC/mb