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Ordinance 017-1975 ORDINANCE NO. 17 -1975 AN ORDINANCE PROVIDING FOR SHORELINE PROTECTION IN MONROE COUNTY, FLORIDA; STATING THE PURPOSE OF SAID ORDINANCE; ESTABLISHING SHORELINE PROTEC- TION ZONE; RESTRICTING USES PERMITTED IN SAID ZONE; PROVIDING FOR THE APPROVAL BY THE ZONING BOARD OF SPECIAL EXCEPTION USES; PROVIDING PRO- CEDURES FOR OBTAINING PERMITS FOR DEVELOPMENT WITHIN SAID ZONE; EXCEPTING CERTAIN TYPES OF MAINTENANCE AND CONSTRUCTION FROM THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE NOTIFICATION OF THE ZONING OFFICIAL IN WRITING OF COMPLETION OF AUTHORIZED WORK HEREUNDER AND PROVIDING FOR ZONING OFFICIAL'S APPROVAL IN WRITING FOLLOWING SUCH WRITTEN NOTIFICATION; PROVIDING FOR PERIOD- ICAL INSPECTION OF THE DEVELOPMENT AND FINAL INSPECTION BY THE ZONING OFFICIAL; PROVIDING THAT PERMIT HOLDERS HEREUNDER SHALL TAKE ACTION TO IMPLEMENT THE APPROVED DEVELOPMENT PLAN WITHIN ONE YEAR FROM THE DATE PERMIT WAS GRANTED OTHER- WISE THE ZONING CLEARANCE SHALL BECOME VOIDED; PROVIDING PROPERTY OWNERS BE NOTIFIED TO APPEAR AT ZONING BOARD MEETING AT WHICH ACTION WILL BE TAKEN TO VOID PERMITS AND PROVIDING UNDER CERTAIN CIRCUMSTANCES EXTENSION OF SAID TIME LIMIT MAY BE GRANTED; PROVIDING THAT CERTAIN STORM DAMAGED MANGROVE COMMUNITIES BE CONTINUED WITHIN THE SHORELINE PROTECTION ZONE; PROVIDING FOR THE EX- CLUSION OF STORM DAMAGED MANGROVE COMMUNITIES WITHIN THE SHORELINE PROTECTION ZONE UNDER CER- TAIN CIRCUMSTANCES; PROVIDING STANDARDS TO MINI- MIZE THE EFFECT OF WATER POLLUTION FROM STORM RUNOFFS FROM DEVELOPMENT; RETENTION OF CONSTRUC- TION RELATED RUNOFF OR DISCHARGE OF SUCH RUNOFF AND PROVIDING PER}~NENT DRAINAGE SYSTEMS MAKING MAXIt~ USE OF NATURAL DRAINAGE PATTERNS, VEGE- TATIVE AND FILTRATION AREAS; PROVIDING THAT THIS ORDINANCE SHALL NOT APPLY TO ANY MUNICIPALITY IN MONROE COUNTY, FLORIDA; PROVIDING FOR A PENALTY FOR ANY VIOLATIONS OF THIS ORDINANCE; AND PROVID- ING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Purpose. It is the purpose and intent of this regulation to identify and provide protection for shorelines and associated mangrove communities and to preserve those conditions and characteristics which promote shoreline stabilization, storm surge abatement, water quality maintenance, wildlife and marine resource habitats, and marine pro- ductivity. Section 2. Shoreline Protection Zone. There is hereby established a shoreline protection zone in all that portion of Monroe County defined in Section 22F-8.02, -2- Florida Administrative Code, and generally known as the Florida Keys. The shoreline protection zone includes submerged lands covered by the waters of the Atlantic Ocean and the Gulf of Mexico (Florida Bay) out to the seaward limit of the State's territorial boundaries, whether in sovereign or private ownership, including those lands contiguous to said waters where fring.ing mangrove communities occur. In order to maintain the functional integrity of these mangrove communities, the interior boundary of the shoreline protection zone is hereby es- tablished at a line extending 50 feet laterally upland from the land- ward limit of the shoreline mangroves. The shoreline mangroves shall include mangrove communities which contain red (Rhizophora mangle), black (Avicennia nitida) or white (Laguncularia racemosa) mangroves but excluding those mangrove communities which are isolated inland and separated from open water areas by non-mangrove natural vegeta- tive communities. Section 3. Permitted Uses. Only the following uses are permitted within the shore- line protection zone: (1) Access canals or channels; (2) Docks; (3) Elevated boardwalks; (4) Other structures elevated on pilings; (5) Utility lines, crossing or rights-of-way. Section 4. Uses Permitted Upon Special Approval: Special Exception Uses. (A) The following uses are permitted by special approval of the Zoning Board as provided by the provisions of Article IV of the Comprehensive Zoning Ordinance. (1) Access driveways and turnarounds for single- family residences. (B) In addition to the Standard for Approval contained in the Comprehensive Zoning Ordinance, Section 4, Article IV, for Special Exception Uses, the following standards shall also be met before the Zoning Board may grant approval for a Special Exceptions Use within the shoreline protection zone; (1) The principal structure shall be located as close as possible to the landward edge of the site so as to reduce driveway length. -3- (2) All access driveways and turnarounds shall provide for piped culverts under the access driveway and/or turn- around at appropriate intervals so as to maintain tidal regime. (3) Wherever an access driveway or turnaround crosses a discernible tidal creek, inlet or shallow basin, a bridge or box culvert shall be installed over the creek, inlet or shallow basin. Section 5. Permit. (A) No development permit of any kind shall be issued to any person to undertake any development within the shoreline protec- tion zone without first obtaining a zoning clearance from the Zoning Official. (B) An application for any development permit within the shoreline protection zone shall be referred to the Zoning Official. The materials to be referred to the Zoning Official shall include the following, in duplicate: (1) Proposed site plan (2) A natural vegetation map (3) Other information as may be appropriate to de- termine the impact of the development on the natural functions of the shoreline protection zone. (C) The placement of landfill within the shoreline pro- tection zone is hereby prohibited and no permit shall be issued authorizing the same, except as provided in Section 4 of this Ordi- nance. (D) No application for a zoning clearance shall be approved and no permit shall be issued except upon a written finding by the Zoning Board that the proposed development will not encroach upon or destroy the value of areas within the shoreline protection zone or otherwise adversely affect those conditions and characteristics which promote shoreline stabilizatio~ storm surge abatement, water quality maintenance, wildlife and marine resource habitats, and marine pro- ductivity. -4- (E) Where a permit is required to be obtained from the Florida Department of Environmental Regulation for any development proposed to be undertaken in the shoreline protection zone no zoning clearance or development permit shall be approved or issued 'pursuant to this Ordinance until such permit from the State of Florida, Depart- ment of Environmental Regulation has been obtained. (F) The Zoning Board may attach other appropriate special conditions to the issuance of a zoning clearance as it may determine are necessary to meet the spirit and purpose of this Ordinance. Section 6. Exceptions. The requirements of this Ordinance shall not apply to the following activities: (1) Maintenance and reconstruction of the Overseas Highway and its bridges; (2) Maintenance and construction of mosquito con- trol ditches by the Monroe County Mosquito Control District; (3) Maintenance and reconstruction for the water pipeline by the Florida Keys Aqueduct Authority; and (4) The maintenance and construction of seawalls and docking facilities on canals in residential subdivisions and marinas constructed prior to the adoption of this Ordinance. Section 7. Completion. The permittee shall notify the Zoning Official in writing of the termination of any authorized work. No development shall be deemed to have been completed in accordance with this Ordi- nance until approved in writing by the Zoning Official following such written notification. Section 8. Inspection. The Zoning Official may periodically inspect the development and shall make a final inspection following completion of the work. The permittees shall assist the Zoning Official in making such inspection. -5- Section 9. Time Limitation. If a zoning clearance is issued under the provisions of this Ordinance by the Zoning Board, the applicant shall initiate necessary action to implement the approved plans within one (1) year from the date the request was granted. Should the owner of the property in question fail to initiate action within one (1) year, the zoning clearance granted shall become void. The owner of such property shall be notified to appear at the Zoning Board meeting at which this action will be taken. Under certain circumstances, the owner of the property in question may request and be granted by the Zoning Board a reasonable time extension beyond the one (1) year limitation. Section 10. Exclusions. After the effective date of this Ordinance, when a tropical storm of such force or magnitude eliminates, destroys, or otherwise alters the mangrove communities within the shoreline pro- tection zone, those areas will continue to be covered under the pro- visions of this Ordinance. If after a period of 5 years from the date of such disturbance, the mangrove communities have not sufficiently recovered or revegetated so as to comply with the intent and pur- poses of this Ordinance, those areas will be excluded from the shoreline protection zone and the provisions governing this zone. Section 11. Standards. (A) In order to minimize the effects of water pollution from storm runoff from development authorized under the provisions of this Ordinance both during and after construction which results in the degradation of water quality, the following standards shall also be met: (1) Retention of construction related runoff or dis- charge of such runoff into adequately sized natural vegetative fil- tration areas in a manner approximating the natural runoff regime; and -6- (2) Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtra- tion. Section 12. This Ordinance shall not apply to any munici- pality located in Monroe County, Florida. Section 13. Violations of this Ordinance shall be prose- cuted in a county court by the prosecuting attorney thereof, and upon conviction shall be punished by a fine not less than $15.00 nor to exceed $500.00 or by imprisonment in the county jail not to exceed 60 days or by both such fine and imprisonment. Section 14. This Ordinance shall take effect upon receipt of the official acknowledgment from the Department of State acknowl- edging receipt of certified copy of this Ordinance and that said Ordi- nance has been filed in said office. NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Monday, December 15, 1975, at 10:15 A.M. at the Sub-Courthouse in Marathon, Monroe County, Florida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County Ordinance: ORDINANCE NO. -1975 AN ORDINANCE PROVIDING FOR SHORELINE PROTECTION IN MONROE COUNTY, FLORIDA; STATING THE PURPOSE OF SAID ORDINANCE; ESTABLISHING SHORELINE PROTEC- TION ZONE; RESTRICTING USES PERMITTED IN SAID ZONE; PROVIDING FOR THE APPROVAL BY THE ZONING BOARD OF SPECIAL EXCEPTION USES; PROVIDING PRO- CEDURES FOR OBTAINING PERMITS FOR DEVELOPMENT WITHIN SAID ZONE; EXCEPTING CERTAIN TYPES OF MAINTENANCE AND CONSTRUCTION FROM THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR THE NOTIFICATION OF THE ZONING OFFICIAL IN WRITING OF COMPLETION OF AUTHORIZED vJORK HEREUNDER AND PROVIDING FOR ZONING OFFICIAL'S APPROVAL IN WRITING FOLLOWING SUCH lNRITTEN NOTIFICATION; PROVIDING FOR PERIOD- ICAL INSPECTION OF THE DEVELOPMENT AND FINAL INSPECTION BY THE ZONING OFFICIAL; PROVIDING THAT PERMIT HOLDERS HEREUNDER SHALL TAKE ACTION TO IMPLEMENT THE APPROVED DEVELOPMENT PLAN WITHIN ONE YEAR FROM THE DATE PERMIT WAS GRANTED OTHER- WISE THE ZONING CLEARANCE SHALL BECOME VOIDED; PROVIDING PROPERTY OWNERS BE NOTIFIED TO APPEAR AT ZONING BOARD MEETING AT WHICH ACTION WILL BE TAKEN TO VOID PERMITS AND PROVIDING UNDER CERTAIN CIRCUMSTANCES EXTENSION OF SAID TIME LIMIT MAY BE GRANTED; PROVIDING THAT CERTAIN STORM DAMAGED MANGROVE COMMUNITIES BE CONTINUED WITHIN THE SHORELINE PROTECTION ZONE; PROVIDING FOR THE EX- CLUSION OF STORM DAMAGED MANGROVE COMMUNITIES WITHIN THE SHORELINE PROTECTION ZONE UNDER CER- TAIN CIRCUMSTANCES; PROVIDING STANDARDS TO MINI- MIZE THE EFFECT OF WATER POLLUTION FROM STORM RUNOFFS FROM DEVELOPMENT; RETENTION OF CONSTRUC- TION RELATED RUNOFF OR DISCHARGE OF SUCH RUNOFF AND PROVIDING PERMANENT DRAINAGE SYSTEMS MAKING MAXIMUM USE OF NATURAL DRAINAGE PATTERNS, VEGE- TATIVE AND FILTRATION AREAS; PROVIDING THAT THIS ORDINANCE SHALL NOT APPLY TO ANY MUNICIPALITY IN MONROE COUNTY, FLORIDA; PROVIDING FOR A PENALTY FOR ANY VIOLATIONS OF THIS ORDINANCE; AND PROVID- ING AN EFFECTIVE DATE. DATED at Key West, Florida, this 21st day of November, A.D. 1975. RALPH W. WHITE Clerk of the Circuit Court of Monroe County, Florida, and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida (SEAL) Publish: Tuesday, November 25, 1975. t,1 . ~rrrctat1! {If ~tafc STATE OF FLORIDA THE CAPITOL TALLAHASSEE 32304 19041 488-3918 BRUCE A. SMATHERS DAVID C. MACNAMARA Assistant Secretary of State SECRETARY OF STATE December 29, 1975 Honorable Ralph W. White Clerk of the Circuit Court Monroe County Key West, Florida Dear Mr. White: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of December 22, and certified copies of Monroe County Ordinances Nos. 75-17 through 75- 21. These ordi- nances were received and filed in this office December 29, 1975. Kindest regards. Cordially, NJ</mp BRUCE A. SMATHERS Secretary of State ~ 1- By ./ ~ /c.; (Mrs. ) Nanc~ Kavanaugh eref, Billa of Laws ~. 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