Ordinance 025-2004
ORDINANCE NO. 025 2004
AN ORDINANCE AMENDING SECTION 9,5-317(b)(1)d,(i) (STANDARDS
FOR THE ISSUANCE OF BUILDING PERMITS IN AREAS OF SPECIAL
FLOOD HAZARD), MONROE COUNTY CODE; PROVIDING FOR
ADDITIONAL DETAIL AND COMPREHENSIVENESS WITH REGARD
TO RESIDENTIAL STRUCTURES THAT ABUT AIRPORT DISTRICTS
(AD); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES WHEN EFFECTIVE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners recognizes that recent
changes to Section 9.5-317, Monroe County Code (MCC), have placed constraints on the size of
legal enclosures beneath residential structures; and
WHEREAS, these changes have created a need for additional detail and
comprehensiveness specifically with regard to Section 9.5-317(b)(1)d.(i); and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
amendment will prevent the creation of non-conforming structures by allowing owners of
residential structures abutting Airport Districts to have enclosures with opaque materials larger
than 299 square feet for the express purpose of parking and storing personal aircraft; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
proposed amendment is consistent with Section 9.5-511(d)(5)b.(v); and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
proposed text amendment is consistent with the goals, policies, and objectives of the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
Year 2010 Comprehensive Plan has been deemed to be consistent with Chapters 9J-5 and 9J-12
F.A.C. and Chapter 163 Florida Statutes by the State's Land Planning Agency, the Department of
Community Affairs (DCA); now, therefore
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, that
Section 1. Section 9.5-317(b)(l)d.(i) of the Monroe County Land Development Regulations, is hereby
amended to read as follows;
Section 9.5-317(b )(l)d.(i)
Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any remaining
portion of an enclosed area of more than 299 square feet shall not be enclosed with screen or lattice. This
limitation shall not apply to parking of aircraft beneath residential buildings abutting Airport Districts. Areas of
300 square feet or more, enclosed with opaque materials, existing on the effective date of this ordinance shall be
deemed conforming as to the provisions of this paragraph; however, such enclosures shall not be expanded or
substantially improved unless they are brought into compliance with this division.
Section 2. If any section, subsection, sentence, clause, item, change, or provision of this ordinance is
held invalid, the remainder of this ordinance shall not be affected by such validity.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of said conflict.
Section 4. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not
become effective until a notice is issued by the Department of Community Affairs or Administrative
Commission approving the ordinance.
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 be transmitted by the Planning Department to the Department of
Community Affairs to determine the consistency of this ordinance with the Florida Statutes.
Section 7. The Director of Growth Management is hereby directed to forward a copy of this ordinance
to the Municipal Code Corporation for incorporation in the Monroe County Code of Ordinances once this
ordinance is in effect.
(The remainder of this page intentionally left blank)
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AT A REGULAR MEETING OF SAID BOARD HELD ON
THE 18th DAYOF August ,2004.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor Murray Nelson
(Seal)
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\~rtE~n: DANNY KOHLAGE, CLERK
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DEPUTY CLERK
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DCA Final Order No.: DCA04-OR-217
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
In re: MONROE COUNTY LAND DEVELOPMENT
REGULATIONS ADOPTED BY
MONROE COUNTY ORDINANCE NO. 025-2004 '-'� -
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FINAL ORDER � —',r
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The Department of Community Affairs (the "Department")hereby issues ids Final gilder,
pursuant to §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat. (2003), 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
1. The Florida Keys Area is a statutorily designated area of critical state concern, and
Monroe County is a local government within the Florida Keys Area.
2. On September 20, 2004,the Department received for review Monroe County
Ordinance No. 025-2004 which was adopted by the Monroe County Board of County
Commissioners on August 18, 2004 ("Ord. 025-2004"). The purpose of Ord. 025-2004 is to
amend Section 9.5-317(b)(1)d.(i) of the Monroe County Land Development Regulations,
providing for additional detail with regard to below-residence enclosures for residences that abut
Airport Districts.
3. Ord. 025-2004 is consistent with the County's 2010 Comprehensive Plan.
CONCLUSIONS OF LAW
4. 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. §§ 380.05(6),Fla. Stat., and § 380.0552(9),Fla. Stat..(2003).
5. Monroe County is a local government within the Florida Keys Area of Critical State
Concern. § 380.0552,Fla. Stat. (2002) and Rule 28-29.002 (superseding Chapter 27F-8), Fla.
Admin. Code.
DCA Final Order No.: DCA04-OR-217
6. "Land development regulations" include local zoning, subdivision, building and other
regulations controlling the development of land. § 380.031(8),Fla. Stat. (2003). The
regulations adopted by Ord. 025-2004 are land development regulations.
7. 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 § 380.0552(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.
8. Ord. 025-2004 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.
9. Ord. 025-2004 is consistent with the Principles for Guiding Development as a whole.
WHEREFORE, IT IS ORDERED that Ord. 025-2004 is found to be consistent with the
Principles for Guiding Development of the Florida Keys Area of Critical State Concern, and is
hereby APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Weekly unless a petition is filed as described below.
DONE AND ORDERED in Tallahassee, Florida.
Poln
VA ERI J. HUBBARD, DIRECTOR
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
2
1i
DCA Final Order No.: DCA04-OR-217
NOTICE OF ADMINISTRATIVE RIGHTS
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
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
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.
IF YOU DISPUTE ANY ISSUE OF MATERIAL 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 MAY
BE 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.
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.
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
Ii5 - 1
DCA Final Order No.: DCA04-OR-217
REQUESTED; THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28-106.201(2), FLORIDA ADMINISTRATIVE CODE.
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 Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the method indicated this �'� day of October, 2004.
Paula Ford, Agency Clerk
By U.S. Mail:
Honorable Murray Nelson
Mayor of Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
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, DCA Tallahassee
Timothy E. Dennis, Assistant General Counsel, DCA Tallahassee
4
Email Confirmation
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Municipal Code Corporation
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Tallahassee, FL 32316-2235
850-576-3171
Fax: 850-575-8852
i.llfo11iLmuniJ;.o,de,CQffi
Monroe County, FL Code of Ordinances - 1979(11270)
Supplement 87
Recorded: 11/30/20043:11:07 PM
We have received the following material through Hard Copy.
Document Adoption Description
Ordinance No. 033-2004 10/20/2004 Creating sec. 6-17(c), providing for an annually renewable
blanket permit for the removal of invasive exotic vegetation.
Ordinance No, 034-2004 10/20/2004 Adding sec. 13.5-5(p), in order to enclose a greenspace for
dogs.
Ordinance No. 025-2004 8/18/2004 Amending sec. 9.5-317(b)(1 )d,(i), standards for the
issuance of building permits in areas of special flood
hazard.
Ordinance No. 039-2004 12/15/2004 Creating ch. 2, art. XI, sec. 2-354 through 2-365,
establishing the office of county attorney.
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Email pmfirmation
FIRST CiA]$
Municipal Code Corporation
P.O. Box 2235
Tallahassee, FL 32316
Mr. Danny Kolhage
Clerk of Court
Monroe County, FL (County)
500 Whitehead Street
Suite 101
Key West, Florida 33040
33040+e.S81 02
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