Ordinance 034A-1985Charles Pattison, Director
Building, Planning & Zoning
ORDINANCE NO. 034A -19 8 S
AN ORDINANCE AMENDING ARTICLE VII, CHAPTER 6,
OF THE MONROE COUNTY CODE BY CREATING SECTION
6-230.1 IN ORDER TO PROVIDE FOR THE EXEMPTION
OF CERTAIN CHARITABLE OR RELIGIOUS PROJECTS
FROM MAJOR DEVELOPMENT REQUIREMENTS; DECLAR-
ING SUCH ORDINANCE AS AN EMERGENCY ORDINANCE;
AUTHORIZING THE ZONING OFFICIAL TO MAKE EXEMP-
TION DETERMINATIONS; PROVIDING FOR STANDARDS
FOR SUCH DETERMINATIONS; PROVIDING FOR AP-
PEALS; PROVIDING FOR INCORPORATION; PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT WITH THIS ORDINANCE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Section 1. Section 6-230.1 of the Monroe County Code
is hereby created to read as follows:
"Section 6-230.1, Exemption From Further Review.
(a) A project, whose activity is to be of a predominantly
or exclusively of a religious or charitable nature, may, after
the submission of the environmental designation survey and com-
munity impact statement, be exempted by the Zoning Official from
further compliance with this Article subject to the approval of
the County Commission. The development area involved shall not
be more than one acre in size and must consist of no more than
one phase.
Before granting such exemption, the Zoning Official shall
first determine that the project will be predominantly or exclu-
sively of a charitable or religious nature. In making such a
determination, the Zoning Official shall consider the nature and
extent of the proposed charitable or religious activities of the
applicants' project, a comparison of the applicants' project with
all other activities of the applicant, and a comparison of the
proposed utilization of the project for charitable or religious
activities in comparison with other proposed uses of the project.
(b) If the Zoning Official determines the project is pre-
dominantly or exclusively of a charitable or religious nature,
he, before granting the exemption, shall then determine that the
project will have no significant adverse effect upon:
1.) The current and future ability of Monroe
County to adequately dispose of solid waste;
2.) The existing level of traffic service in
the immediate area of the project;
3.) Disaster preparedness including hurri-
cane evacuation ability and shelter capacity;
4.) Environmental resources including shore-
line areas, tropical hammock communities, ma-
rine habitat, marine productivity, and wild-
life, particularly those species which are con-
sidered threatened or endangered;
5.) The predevelopment water quality of any
waters expected to receive any type waste water
or runoff generated by the project;
6.) Historical and archaeological resources of
the project site area.
The determinations under this section made by the Zoning
Official shall be reduced to writing with a clear statement of
the underlying facts and conclusions based thereon. The de-
terminations shall not become final until so reduced.
(c) An applicant may appeal any determination made by the
Zoning Official pursuant to this Section under the procedure
provided for in Section 6-239 of this Code of Ordinances."
Section 2. This Ordinance is declared an emergency by
"4/5ths vote" of the Commission as having an effect upon the
health, welfare, and safety of the people of Monroe County.
Section 3. 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 num-
bering system of the Code.
Section 4. 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 5. All ordinances or parts of ordinances in con-
flict with this ordinance are hereby repealed to the extent of
2
any such conflict.
Section 6. This Ordinance shall take effect when a certi-
fied copy of this Ordinance has been accepted by the postal autho-
rities of the Government of the United States for special delivery
by registered mail to 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 15th day of November, A.D. 1985.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
I > 'az'
LERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MAYOR CHAIRMAN
APPROVED AS TO FORM
A1#D LEGAL SUFFICIENCY. '
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Attorneys Office r
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FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
December 3, 1985
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West , Florida 33040
Attention: Rosalie L. Simmons, Deputy Clerk
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of November 25, 1985
and certified copy/ies of Monroe County
nrrii nanr-P (S) mP,-ar�nrrM..v 01cl _
2. Receipt of County Ordinance/s
relative to:
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/th�:5e= Ordinance (s) in this office
on December 2, 1985.
4. The original/duplicate-copy/ies showing the filing date
is/are being returned for your 'records.
LC/ mb
,Cordially,
a CLG"_&
(Mrs.) iz Cloud, Chief
Bureau of administrative Code
FUDRIDA-State of the Arts
-3RANCH OFFICE
s117 OVERSEAS HIGHWAY
.4ARATHON, FLORIDA 33050
EL. (305) 743.9036
January 6, 1986
3.annpL.or�jage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
Mr. Robert L. Leslie
Vice -President --Supplements
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32304
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
In Re: Copies of Ordinances, Monroe County, Florida
Dear Mr. Leslie:
Due to a change in personnel, you may not have received certified
copies of Ordinances 028-1985 through 034A-1985, inclusive. Therefore,
we are sending said copies for inclusion in the Monroe County, Florida
Code of Ordinances.
Please contact us if you need any further information.
Siriae"A'�.
rely,
�.�J
LFreeling
Secretary to Mr. Ko�rhAge
\_1
Enclosures
R
DATE: January 14, 1986
TO: Monroe County, Florida
(Supplement No. 25)
We are in receipt of the following material which will be con-
sidered for inclusion in the next Supplement to ,your Code:
Ordinance Nos. 028-1985 through
034A-1985, 036-1985, 037-1985
Please advise the date of adoption
for Ordinance No. 028-1985.
Thank you for your assistance and cooperation.
db
Robert L. Laslie
Vice President • Supplements
Municipal Code Corporation