1 2 3 4 5 6 7 8 ORDINANCEO~B2015 9 10 11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 12 COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 13 6-100 BUILDING PERMITS REQUIRED; CLARIFYING PERMITS 14 REQUIRED AND APPLICABILITY OF PERMITS FOR CHICKEE 15 HUTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL 16 OF CONFLICTING PROVISIONS; PROVIDING FOR INCLUSION IN 17 THE MONROE COUNTY CODE; PROVIDING FOR TRANSMITTAL TO 18 THE DEPARTMENT OF STATE; AND PROVIDING FOR AN 19 EFFECTIVE DATE. 20 21 22 23 WHEREAS, The Florida Building Code - Building, 5th Edition (2014), Section 102 24 Applicability [A] 102.2 Building. includes exemptions from the Florida Building Code; and 25 26 WHEREAS, these exemptions include but are not limited to: building and structures 27 specifically regulated and preempted by the federal government; nonresidential farm buildings on 28 farms; and chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole 29 Tribe of Florida, with the term "chickee" meaning an open-sided wooden hut that has a thatched 30 roof of palm or palmetto or other traditional materials, and that doesnot incorporate any electrical, 31 plumbing, or other nonwood features; and 32 33 WHEREAS, Monroe County Code Chapter 6 "Buildings and Construction" Section 6-23 34 "Definitions" includes "Permit means an official document authorizing performance of a specific 35 activity regulated by this chapter"; and 36 3 7 WHEREAS, the proposed amendment would clarify the exemption to the Florida Building 38 Code for certain chickees and the requirement for compliance with the Land Development Code 39 resulting in the applicability of a permit for chickees constructed by the Miccosukee Tribe of Indians 40 or the Seminole Tribe of Florida; and 41 42 WHEREAS, the proposed amendment would remove the exemption from a permit for open- 43 sided, thatch-roofed structures on residential lots or parcels not exceeding 100 square feet in roof 44 coverage not constructed by the Miccosukee Tribe of Indians or the Seminole Tribeof Florida; and 45 46 WHEREAS, at a regularly scheduled meeting held on 15th day of July, the Monroe County 4 7 Board of County Commissioners held a public hearing and provided for public comment and

Ord. No. _-2015 Page 1 of5 1 public participation in accordance with the requirements of state law and the procedures adopted 2 for public participation in the planning process; and 3 4 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 5 COMMISSIONERS OF MONROE COUNTY, FLORIDA: 6 7 8 Section 1. Section 6-100 of the Monroe County Code is amended as follows: 9 10 11 Sec. 6-100. - Permits Required. 12 (a) Applicability. A permit shall be required for all work shown in the fo llowing table , e xcept 13 where specifically exempted this section. 14 15 Work Requiring a Permit Residential_Exceptions* Site preparation including: land clearing, placements of fill, excavation, and None. However, no fee (including education; blasting; however, no permit for site contractor investigation; or tech fees) shall be charged tpreparation may be issued except in lfor invasive exotic vegeta t ion r emovaif l permit is not conjunction with the establishment of a classified as clearing and grubbing. use or structure allowed in the land use district. Removal of invasive exotic vegetation A permit is not required for the removal of ten or fewer stems of invasive exotic vegetation on parcels with a lawfully established principal use; however, this exemption shall not apply if the removal is part of a larger clearing operation undertaken lil segments within any one calendar year, whether by the same or different contractors and/or the property owner or if undertaken in conjunction with any construction. Demolition Residential demolition where the fair market value of the demolition work is less than $2,500.00 and all pertinent utilities have been properly disconnected. Tie downs of habitable structures None Signs Those signs that are specifically exempt from permit requirements pursuant to part II of this Code; however, in no case shall a sign be exempt if its installation represents a threat to life and safety. Fences None Sheds None. Effective July 1, 2013, sheds are no longer exempt from permitting per this Section. Chickees not constructed by Miccosukee None or Seminole Indians

Ord. No. __-2015 Page2 of5 Any new construction and remodeling Interior remodeling where the fair market value of work of principal and accessory structures such work is less than $2,500.00 and there is no change in the original size or configuration. Exterior and interior painting of single- and two- family residential buildings. Installation of carpeting and floor coverings in single- and two-family residential buildings that have previously been inhabited, if the fair market value of the work is less than $5,000.00. Normal maintenance or ordinary minor repairs where the fair market value of such work is less than $2,500 .00. All work in the electrical, mechanical, and Normal maintenance or ordinary minor repairs where plumbing trades the fair market value of such work is less than $2,500.00. The installation of satellite antennas and microwave receiving antennas that do not exceed one meter in diameter but only where mounted on existing buildings or structures . All work subject to the floodplain Normal maintenance or ordinary minor repairs where management requirements of part II of this the fair market value of such work is less than Code $2,500 .00. Resource extraction activities (as defined None in part II of this Code) Any work involving life safety None I 2 3 4 *Note: Notwithstanding the exceptions set forth herein, permits will always be required for new 5 work involving electrical, mechanical, plumbing or any improvements subject to floodplain 6 regulations; and if the construction, repair, remodeling or improvement work is a partof a larger or 7 major operation, whether undertaken by the same or different contractor. NO EXCEPTIONS 8 apply to work conducted below base flood elevation and/or subject to the floodplain management 9 requirements of the Momoe County Code to structures located within a Coastal Barrier Resource 10 System (CBRS) or structures located within Flood Zone AE or Flood Zone VE. All residential 11 work that is exempt from Monroe County permitting shall still comply with the Florida Building 12 Code, this chapter, and part IIof this Code and shall be subject to code compliance. 13 14 15 16

Or d. No __. - 2 015 Page 3 of 5 1 (b) Separate permit required. A separate permit shall be required for each principal structure 2 and any dock, seawall, and riprap accessory structure. 3 4 * * * * * * * 5 (e) Miccosukee and Seminole chickee huts. Chickees constructed by the Miccosukee Tribe of 6 Indians or the Seminole Tribe of Florida require a land development permit. The term 7 "chickee" means an open-sided wooden hut that has a thatched roof or palmetto or other 8 traditional materials, and that does not incorporate any electrical, plumbing, or other non­ 9 wood features. Chickees shall comply with part IIofthis Code and shall be subject to code compliance.

Section 2 . Severabilitv. If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, propertyor circumstances.

Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extentof said conflict.

Section 4. Inclusion in the Code of Ordinances. The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code.

Section 5. Transmittal and Effective Date. This Ordinance shall be filed with the Department of State and shall be effective as provided in section 125.66(2)(b), Florida Statutes.

PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the --11L day of Seof , 2015. I

Mayor Danny L. Kolhage Yea_ , ...., ::t c:::> 11 Mayor Pro Tern Heather Carruthers Yes 0 \:;:; :z -I 0 f'Tl Commissioner Sylvia Murphy Yes ;.o~ ("") 0 or- -l Commissioner George Neugent Yes m~ .,, ...,. 0 Commissioner David Rice Yes OM C1' ;:o ~?> -0 ;:o ;<_-~r :x fTl w n BOARD OF COUNTY COM:tvflSSIONERS .,., .. 0 ..- _.,;.o ~ OF MONROE COUNTY, FLORIDA .. ~ .. BY~ -P.~ M~ann;l. Kolhage

Ord. No. -2015 Page4 of5 1 ATTEST: AMY HEAVILIN, CLERK. 2 3 4 5 Deputy Clerk

Ord. No. _-2015 Page 5 of5