Ordinance 008-1976
ORDINANCE NO. 8 -1976
AN ORDINANCE AMENDING ORDINANCE NO. 1-1973 EN-
TITLED "AN ORDINANCE RELATING TO MONROE COUNTY,
FLORIDA; ADOPTING COMPREHENSIVE ZONING RULES
AND REGULATIONS; SETTING FORTH THE AUTHORITY,
INTENT, PURPOSE, METHODS, SHORT TITLE, DEFINI-
TIONS, APPLICATION PROCEDURES, AND SPECIAL EX-
CEPTIONS; PROVIDING FOR AMENDMENTS AND APPEALS,
ADMINISTRATION AND ENFORCEMENT, GENERAL PRO-
VISIONS, ZONING, GENERAL USE, RESIDENTIAL, BUSI-
NESS DISTRICTS, AND PLANNED UNIT DEVELOPMENTS;
REGULATING SIGNS; PROVIDING FOR LEGAL STATUS
OF SAID RULES AND REGULATIONS; PROVIDING PENAL-
TIES FOR VIOLATIONS OF THE PROVISIONS OF SAID
ORDINANCE AND PROVIDING AN EFFECTIVE DATE." AS
AMENDED BY ORDINANCE NO. 6-1973, ORDINANCE
NO. 5-1974, AND ORDINANCE NO. 20-1975; BY ADDING
PARAGRAPH 2.86.0 TO SECTION 2 OF ARTICLE III TO
PROVIDE FOR THE DEFINITION OF THE TERM "NATURAL
WATERWAY" AS USED IN THE CONSTRUCTION SETBACK
REQUIREMENTS; DECLARING EMERGENCY ORDINANCE EN-
ACTMENT PROVISIONS TO BE NECESSARY; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
That paragraph 2.86.0 to Section 2 of
ARTICLE III of Monroe County Ordinance No. 1-1973 as amended by
Ordinance No. 6-1973, Ordinance No, 5-1974, and Ordinance No. 20-
1975, be and the same is hereby added to read as follows:
"2.86.0
Natural Waterway,
The term "natural waterway"
as used in this ordinance, particularly with reference to construc-
tion setback requirements, shall mean any riparian coastal location
fronting the Gulf of Mexico or Atlantic coast shoreline of the state,
including bays, inlets, rivers, bayous, creeks, and passes of said
waters wherein immediately adjacent and abutting thereto lies a
natural shoreline or coast unaltered by the acts of dredging, filling,
or bulkhead construction."
Section 2.
That there is hereby declared to be an emer-
gency requiring the immediate enactment of this Ordinance due to an
erroneous administrative interpretation of the requirements of
Florida Statutes Chapter 161.
Section 3.
The notice requirements of Florida Statutes
125.66(2) are hereby waived.
-2-
Section 4. This Ordinance shall be deemed to take
effect when passed by no less than a four-fifths vote of the Board
of County Commissioners and thereafter shall be deemed to be filed
and shall take effect when a copy has been accepted by the postal
authorities of the government of the United States for special de-
livery by registered mail to the Department of State.
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STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
BRUCE A. SMATHERS
SECRETARY OF STATE
March 8, 1976
Honorable Ralph W. White
Clerk of the Circ uit Court
Monroe County
Post Office 1680
Key West, Florida
Dear Mr. White:
Pursuant to the provi-sions of Section 125.66, Florida Statutes,
this will acknowledge your letter of March 3, and certified copy of
Monroe County Emergency Ordinance No. 76-8, which was received
and filed in this office March 8, 1976.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
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