Ordinance 003-20151
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AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE SECTION 101 -1, DEFINITIONS; AMENDING MONROE
COUNTY CODE SECTION 130 -186, MINIMUM YARDS;
AMENDING MONROE COUNTY CODE SECTION 130 -189,
APPLICABILITY OF REQUIRED YARDS; ESTABLISHING
SETBACK REQUIREMENTS FOR THE CONSERVATION (C)
AND RECREATIONAL VEHICLE (RV) LAND USE DISTRICTS;
MODIFYING THE SETBACK REQUIREMENTS FOR THE
AIRPORT (AD) AND PARK AND REFUGE (PR) LAND USE
DISTRICTS; MODIFYING THE SETBACK REQUIREMENTS
FOR CORNER LOTS; MODIFYING THE APPLICABILITY OF
REQUIRED YARDS FOR ACCESSORY WALKWAYS AND
DRIVEWAYS; CLARIFYING THE SETBACK REQUIREMENTS
FOR SIDE YARDS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the purposes of the proposed amendments are to 1) establish setback
requirements for the Conservation (C) and Recreational Vehicle (RV) districts, 2) modify the
setback requirements for the Airport (AD) and Park and Refuge (PR) districts, 3) modify the
setback requirements for corner lots, 4) modify the applicability of required yards for accessory
walkways and driveways, and 5) clarify the setback requirements for side yards; and
WHEREAS, Monroe County Code § 101 -1 provides definitions for terms used in the Land
Development Code. To clarify the requirements, this ordinance amends the following existing
definitions that are used in the application of setback regulations: Double frontage (revision), Lot
(revision), Lot lines, front (deletion), Lot lines, rear (deletion), Lot lines, side (deletion), Setback
(revision), Yard (deletion), Yard, front (revision), Yard, rear (revision), and Yard, side (revision);
and
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WHEREAS, Monroe County Code §130 -186 does not provide any setback requirements for
the Conservation (C) and Recreational Vehicle (RV) districts. This ordinance establishes such
setback requirements; and
WHEREAS, in Monroe County Code §130 -186, the existing setback requirements for the
Airport (AD) and Park and Refuge (PR) districts do not reflect current development conditions
and usage of those properties zoned AD and PR. This ordinance amends the setback
requirements of the AD and PR districts; and
WHEREAS, in Monroe County Code §130 -186, the existing front yard setback
requirements were established without a full analysis of impact. This ordinance establishes a
primary front yard requirement and a secondary front yard requirement to address recurring
issues related to double frontage properties, including corner lots; and
WHEREAS, in Monroe County Code § 130 -186, the existing side yard setback requirements
were established in a manner that may be open to interpretation. This ordinance establishes a
primary side yard requirement and a secondary side yard requirement to address recurring issues.
In addition, this ordinance clarifies that there is always a minimum five foot side yard setback;
and
WHEREAS, in Monroe County Code §130 -189, this ordinance amends the applicability of
required yards for accessory structures such as walkways and driveways. In addition, it clarifies
the applicability of the newly identified primary front/side yard requirements and secondary
front/side yard requirements; and
WHEREAS, the Commission makes the following Conclusions of Law: 1) the
ordinance /text amendment is consistent with the Principles for Guiding Development in the
Florida Keys Area of Critical State Concern; 2) the ordinance /text amendment is consistent with
the provisions and intent of the Monroe County Comprehensive Plan; and 3) the ordinance /text
amendment is consistent with the provisions and intent of the Monroe County Code; and
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WHEREAS, during a meeting held on October 28, 2014, the Monroe County Development
Review Committee reviewed the ordinance and recommended approval to the Board of County
Commissioners; and
WHEREAS, during a public hearing held on November 19, 2014, the Monroe County
Planning Commission reviewed the ordinance and recommended approval to the Board of
County Commissioners;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 101 -1 of the Monroe County Code shall be amended as follows:
Sec. 101 -1. Definitions.
The following words, terms and phrases, when used in this Land Development Code, shall
have the meanings ascribed to them in this section, except where the context clearly indicates
a different meaning:
Double frontage means a parcel of land having frontage on two or more roads, including, but
not limited to through lots and corner lots.
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Lot means a duly recorded lot as shown on a plat approved by the County.
Setback means the area between a building or structure and the property line of the parcel of
land on which the building or structure is located, unoccupied and unobstructed from the
ground upward, except for fences or other development permitted in the area as provided for
in this Land Development Code. In measuring a setback, the horizontal distance between the
property line and the furthermost projection of the building or structure shall be used.
Further, the setback shall be measured at a right angle (90 degrees) from the property line.
Yard, front, means a required setback on a parcel of land that is located along the full length
of the front property line of the parcel and is generally adjacent to a road. On parcels fronting
more than one road, such as corner lots and double frontage parcels, each yard along a road
shall be a front yard.
Yard, rear, means a required setback on a parcel of land that is located along the full length
of the rear property line and is generally on the opposite side of the primary front yard.
Yard, side, means a required setback on a parcel of land that is located along the full length
of the side property line and is generally between the front and rear property lines.
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Section 2. Section 130 -186 of the Monroe County Code shall be amended as follows:
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5 Sec. 130 -186. Required setbacks.
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9 Unless otherwise allowed for in this Land Development Code, no structure or land shall be
10 developed, used or occupied except in accordance with the bulk regulations set out in the
11 following table.
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Land Use District /
Land Use
Primary
Front Yard
(ft.)
Secondary
Front Yard
(ft.)
Primary
Side Yard
(ft.)
Secondary
Side Yard
(ft.)
Rear Yard
(ft.)
Airport (AD)
25
25
10
10
25
Commercial 1 (C 1)
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15
10
5
10
Commercial 2 (C2)
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15
10
5
10
Commercial Fishing
Area (CFA),
Commercial Fishing
Special District (CFSD),
and Commercial Fishing
Village (CFV)
25
15
10
5
20
Conservation (C)
25
15
10
5
20
Destination Resort (DR)
50
25
20
15
30
Improved Subdivision
(IS)
25
15
10
5
20
Industrial (I)
25
15
10
5
25
Mainland Native (MN)
25
25
10
5
20
Maritime Industries MI
25
25
10
5
25
Military Facilities (MF)
25
15
10
5
20
Mixed Use (MU)
Residential
25
15
10
5
20
Nonresidential and
Mixed Use
15
15
10
5
10
Native Area (NA)
25
15
10
5
20
Offshore Island (OS)
25
15
10
5
20
Park and Refuge (PR)
25
15
10
10
10
Recreational Vehicle
(RV)
25
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10
5
10
Sparsely Settled (SS)
25
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10
5
10
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Suburban Commercial
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5
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(SC)
Suburban Residential
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5
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(SR)
Suburban Residential
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10
5
10
Limited (SR -L)
Urban e
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5
10
f U-C-)
Urban Residential (UR):
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5
10
Urban Residential
Mobile Home (URM)
Lots less than 50
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5
5
10
feet wide
Lots 50 feet wide or
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5
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eater
Urban Residential
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10
Mobile Home - Limited
(URM -L)
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Section 3. Section 130 -189 of the Monroe County Code shall be amended as follows:
Sec. 130 -189. Applicability of required setbacks.
(a) Bufferyards. When a bufferyard is required under the provisions of chapter 114, article
V, compliance with the bufferyard provisions along a property line shall relieve the
necessity of complying with the setback provisions along the same property line if the
width of the bufferyard is greater than the applicable setback requirement set forth in
section 130 -186.
(b) Shoreline setbacks. All development shall be setback from shorelines as required in
section 118 -12. A five (5) foot side yard setback shall be maintained for docking and
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I mooring facilities, such as lifts and davits, in the shoreline setback. The side yard setback
2 does not apply to seawalls, fences, retaining walls, or marginal docks.
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6 (c) Front yard setbacks. A front yard is a required setback on a parcel of land that is located
7 along the full length of the front property line of the parcel, is generally the property
8 frontage in which development on the parcel is orientated and is generally adjacent a
9 road. On parcels fronting more than one road, such as corner lots and double frontage
10 parcels, each yard along a road shall be a front yard.
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14 (1) Single frontage parcels. For a parcel that has only a single road frontage, the primary
15 front yard requirement set forth in section 130 -186 shall be applied.
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19 (2) Double frontage parcels. For a parcel that has road frontage along two or more roads,
20 the primary front yard requirement set forth in section 130 -186 shall be applied to the
21 front yard in which development on the parcel is orientated. The secondary front yard
22 requirement set forth in section 130 -186 shall be applied to the remaining front
23 yard(s) in which development on the parcel is not orientated. For parcels located
24 within the median of U.S. Highway 1, the primary front yard requirements shall be
25 applied to both front yards situated along the highway right -of -ways.
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29 (3) Accessory driveways and walkways. Accessory structures, limited to driveways and
30 walkways, may be permitted within a required front yard setback. In no event shall
31 the total combined area of all accessory structures occupy more than 60 percent of the
32 required front yard setback area.
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36 (4) Off - street parking on residentially developed parcels. Any required off - street parking
37 spaces may be located on an accessory driveway within the front yard setback on a
38 parcel developed exclusively with a residential use. Any vehicle utilizing such an off -
39 street parking space shall be properly licensed and operable.
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43 (5) Signs, fences and landscaping. Signs as permitted in chapter 142, fences as permitted
44 in chapter 114 and landscaping may be permitted in a required front yard setback.
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I (d) Side yard setbacks. A side yard is a required setback on a parcel of land that is located
2 along the full length of the side property line and is generally between the front and rear
3 property lines.
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6 (1) Side yard requirements (excluding four -sided platted corner lots). With the exception
7 of four -sided platted corner lots, the primary side yard requirement set forth in section
8 130 -186 shall be applied to one side yard. The secondary side yard requirement set
9 forth in section 130 -186 shall be applied to any remaining side yards.
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12 (2) Side yard requirements for four -sided platted corner lots. On a platted corner lot with
13 only four sides, there shall be a primary front yard, secondary front yard, rear yard,
14 and a single side yard. For such lots, there shall be no primary side yard setback
15 requirement, and the single side yard shall be subject to the secondary side yard
16 setback requirement set forth in section 130 -186.
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19 (3) Accessory driveways, walkways, patios and decking on residentially developed
20 parcels. Accessory structures, limited to driveways, walkways, patios, and decks,
21 may be permitted within a required side yard setback on a parcel developed
22 exclusively with a residential use if the structure meets the provisions of this
23 subsection. Such an accessory structure shall a) not exceed six (6) inches in height as
24 measured from grade; b) be situated at least one (1) foot from the side yard property
25 line; and c) be constructed to avoid any off -site discharge of stormwater from the
26 subject parcel in accordance with section 114 -3. In no event shall the total combined
27 area of all accessory structures occupy more than 80 percent of the required side yard
28 setback area.
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31 (e) Rear yard setbacks. A rear yard is a required setback on a parcel of land that is located
32 along the full length of the rear property line and is generally on the opposite side of the
33 primary front yard.
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36 (1) Accessory structures on residentially developed parcels. An accessory structure may
37 be permitted within a required rear yard setback on a parcel developed exclusively
38 with a residential use if the structure meets the provisions of this subsection. An
39 accessory structure not exceeding eighteen (18) inches in height as measured from
40 grade may be permitted if the structure is a) situated at least one (1) foot from the rear
41 yard property line and b) constructed to avoid any off -site discharge of stormwater
42 from the subject parcel in accordance with section 114 -3. An accessory structure not
43 exceeding twelve feet (12) feet in height as measured from grade may be permitted if
44 the structure is a) situated at least ten (10) feet from the rear property line. In no event
45 shall the total combined area of all accessory structures occupy more than 60 percent
46 of the required rear yard setback area.
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Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 5. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
extent of said conflict.
Section 6. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 7. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective pursuant to Section 9 until a final order is issued according to F.S. 380.05(6) by
the Florida State Land Planning Agency or Administration Commission approving the ordinance,
and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
Chapter 120.
Section 8. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 9. Effective Date.
This ordinance shall become effective as provided by law and stated above. This ordinance
applies to any applicable application submitted after the effective date.
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PASSED AND ADOPTED BY THE BOARD OF COUNTY COMNIISSIONERS of
Monroe County, Florida, at a regular meeting held on the 21" of January, 2015.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY F LO A
BY:
Mayor ann . Kolhage
3EAVILIN, CLERK
Deputy Clerk
MONROE COUNTY ATTORNEY
APFIROVED AS FORM:
STEVEN T. WILLIAMS
ASSISTANT COUNTY ATTORNEY
Date /- S — !_`f
V 1A 'il1Nn03 30SNOW
.1 a '2l13 '1I1'1
I h :E Nd 0 1 833 5101
UO338 d03 0311.3
Page 10 of 10
Final Order No. DEO -15 -042
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY,
FLORIDA, ORDINANCE NO. 003 -2015
FINAL ORDER
APPROVING MONROE COUNTY ORDINANCE NO. 003-2015
The Department of Economic Opportunity ("Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 003 -2015 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Florida Statutes, as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on January 21, 2015, and rendered
to the Department on February 17, 2015.
3. The Ordinance amends the Monroe County Land Development Code by modifying
Sections 101 -1 (Definitions), 130 -186 (Minimum Yards), and Section 130 -189 (Applicability of
Required Yards); these amendments provide for setback requirements in the Conservation and
Recreational Vehicle districts, modify setback requirements for the Airport and Park and Refuge
District, modifies and clarifies setback requirements for certain other lots, and establishes specific
setback for the above referenced districts.
1
Final Order No. DEO -15 -042
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and
380.0552(9), Florida Statutes.
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Florida Statutes.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically with Objective 102. 1, Policy 213.1.2 (In Part).
8. The Ordinance is consistent with the Principles for Guiding Development in §
380.0552(7), Florida Statutes, as a whole, and is specifically consistent with the following
Principle:
(a) Strengthening local government capabilities for managing
land use and development so that local government is able to achieve
these objectives without continuing the area of critical state concern
designation.
(c) Protecting upland resources, tropical biological communities,
freshwater wetlands, native tropical vegetation (for example,
hardwood hammocks and pinelands), dune ridges and beaches,
wildlife, and their habitat.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
2
Final Order No. DEO -15 -042
Ordinance No. 003 -2015 is consistent with the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern and is hereby APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
William B. 1 ingsworth, Director
Division of CV=unity Development
Department of Economic Opportunity
3
Final Order No. DEO -15 -042
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.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO
NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF
THE FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE
REGISTER.
rd
Final Order No. DEO -15 -042
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
following persons by the methods indicated this AK4 day of ( , 2015.
Katie Zimmer, en Clerk
Department of ono is Opportunity
107 East Madiso eet, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
Danny Kolhage, Mayor
Monroe County Board of County Commissioners
530 Whitehead Street, Suite 102
Key West, FL 33040
Christine Hurley, Division Director
Growth Management
Monroe County, Florida
2798 Overseas Highway
Suite 400
Marathon, FL 33050
Amy Heavilin, Clerk
Monroe County, FL
500 Whitehead St.
Key West, FL 33040
5
RICK SCOTT
Governor
February 13, 2015
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Lindsey Ballard
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 003 -2015, which was filed in this office on February 10,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us