Ordinance 007-1983ORDINANCE NO. 007 -1983
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
DEFINING'TIME-SHARE UNIT; CREATING A NEW ZONING
DISTRICT RT-8, RESORT TOURIST DISTRICT; PRO-
VIDING FOR USES PERMITTED UPON SPECIAL APPROVAL;
PROVIDING FOR USES PROHIBITED; PROVIDING FOR LOT
AND BUILDING REQUIREMENTS, PROJECT REQUIREMENTS
AND SIGNS; PROVIDING FOR SEVERABILITY, CODIFICA-
TION AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. That Section 19-5 of the Code of Ordinances of
Monroe County, Florida, be amended by adding the following defini-
tion:
"Time -Share Unit.
Any apartment, condominium,
cooperative unit, cabin, lodge, hotel or motel room, or
any other private or commercial structure or unit, de-
signed for occupancy by one or more persons under any
arrangement, plan, scheme or similar device, which ex-
tends for a period of more than three years, whether by
membership agreement, tenancy in common, sale, lease,
deed, rental agreement, license, right -to -use agreement,
or any other means, whereby a person, in exchange for a
consideration, obtains a right to use the unit or faci-
lities or both for a specific period of time less than
a full year during any given year, but not necessarily
for consecutive years. A time-share unit is a dwelling
unit as defined in this Code."
Section 2.
Chapter 19 of the Code of Ordinances of Monroe
County, Florida is hereby amended by adding a new section thereto,
as follows:
"RT-8, Resort Tourist District.
Time-share units will not be constructed in any other
zones than RT-8. This district is intended to provide
areas in which time-share units may be constructed and/or
occupied as dwelling units, together with recreational and
accessory facilities which are appropriate to Resort
Tourist uses. Because of the high intensity use of these
-2-
districts, such RT-8 zone will not be established any
closer than 1,000 feet from RU-1, RU-lE, RU-1M, RU-2,
RU-3, and RU-4.
(a) Principal uses permitted. Time -Share Units.
(b) Accessory uses permitted. Restaurants, cock-
tail lounges, clubhouses, swimming pools, tennis courts,
storage and service buildings, manager's office and
residence and boat and boat trailer storage buildings
and boat docks for the exclusive use of the occupants or
owners of units within the project, and their guests.
(c) Uses permitted upon special approval. Public
and private utility installations and buildings.
(d) Uses prohibited. All other uses.
(e) Lot and building requirements.
(1) Time -Share Units shall have a minimum
living area of 950 square feet.
(2) The minimum project area shall be four
(4) acres.
(3) The project lot shall have a minimum
width of two hundred (200) feet and a minimum depth of
two hundred (200) feet.
(4) The minimum front yard shall be fifty (50)
feet.
a.
Abutting
U. S.
Route 1, the minimum
setback shall be
one hundred
(100)
feet from the right-of-
way.
b. Abutting all other roads, the minimum
setback shall be fifty (50) feet from the right of way.
feet.
(5) The minimum rear yard shall be fifty (50)
(6) The minimum side yard for buildings up to
and including twenty-five (25) feet in height shall be
twenty (20) feet and for buildings over twenty-five (25)
-3-
feet, shall be thirty (30) feet, except that the setback
from the right-of-way of U. S. Route 1 shall be a minimum
of one hundred (100) feet.
(7) No building shall be constructed which shall
exceed thirty-five (35) feet above A.G.L. (average ground
level), and no building shall be built which exceeds two
(2) living stories.
(8) The maximum percentage of lot coverage for
buildings up to and including twenty-five (25) feet in
height shall be thirty (30) per cent, and for buildings
exceeding twenty-five (25) feet in height shall be twenty-
six (26) per cent.
(9) The maximum density shall be 4 units
per gross acre.
(10) The minimum setback from the mean high-
water mark of any natural waterway or landward edge of
existing mangroves shall be fifty (50) feet, and from
any man-made waterway shall be twenty (20) feet.
(11) Setback requirements for accessory build-
ings shall be the same as for the principal buildings.
(12) Project requirements.
a. Off-street parking. Off-street park-
ing shall be required on the basis of one and one-half
(1-1/2) parking spaces per living unit. Such spaces shall
be located convenient to the living units which they are
intended to serve, and in no instance shall be further
removed than two hundred (200) feet from the unit. Off-
street parking areas shall comply with the provisions of
Sections 19-124 through 19-127 and all sections of the
Monroe County Code.
b. Sanitary sewer system. A central
sanitary sewage collection, treatment and disposal
system shall be provided and shall meet the requirements
-4-
of the State Department of Environmental Regulation and
applicable Monroe County Ordinances.
C. Screening. Any project which has
a common boundary with any other land in a residential
classification shall provide a landscaped buffer area
not less than five (5) feet in width, measured at right
angles to the property lines for screening purposes
along the entire length and contiguous of the property
line. Such areas shall be so designed and planted with
dense evergreen foliage so as to be not less than seventy-
five (75) per cent opaque when viewed horizontally be-
tween two (2) feet above average ground level and six (6)
feet above average ground level. No portion of this
landscaped buffer area may be used for off-street park-
ing purposes.
d. Any Time -Sharing project shall be
deemed a Major Development project.
(13) One secondary class "A" sign shall be
permitted for each street frontage of the project.
(14) Projects under this zoning classifica-
tion shall meet all the requirements of the Florida Real
Estate Time -Sharing Act.
(15) There shall be no variance granted under
the provisions of this Code as to the height, density or
minimum living area of this section."
Section 3.
The enactment of this ordinance shall repeal any
inconsistent portions of the existing Monroe County Code which
are in conflict therewith.
Section 4.
Should one or more portions of this ordinance be
found to be unconstitutional or unenforceable, it shall not affect
the remaining sections of this ordinance.
Section 5. This ordinance shall be codified and incorporated
into the Code of Ordinances of Monroe County, Florida.
.sm
Section 6. This ordinance shall take effect immediately upon
adoption and filing with the Secretary of State of Florida.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
y 67---
May r/Chairman
(Seal)
Attest: r� It, ibli .: iy L1uk
f LW
o.e.
Clerk
ADOPTED:
(Afte" 1
& 11123
FILED WITH
SECRETARY
OF STATE:-
#Piti L Io
,% 193
EFFECTIVE DATE: f�pg.#'L 11,4113
APPROVED AS TO FORM
AN"AL SUFFICIENCY.
BY
Attorneys Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, February 4, 1983, at -5:00 P.M. at the Marathon
Subcourthouse, Marathon, Monroe County, Florida, and on
Friday, February 18, 1983, at ..'5:00 P.M. at the Monroe County
Courthouse Annex, Courtroom "B", 500 Whitehead Street, Key
West, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of
the following County Ordinance:
ORDINANCE NO.Op'j -198
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
DEFINING TIME-SHARE UNIT; CREATING A NEW ZONING
DISTRICT RT-8, RESORT TOURIST DISTRICT; PRO-
VIDING FOR USES PERMITTED UPON SPECIAL APPROVAL;
PROVIDING FOR USES PROHIBITED; PROVIDING FOR LOT
AND BUILDING REQUIREMENTS, PROJECT REQUIREMENTS
AND SIGNS; PROVIDING FOR SEVERABILITY, CODIFI-
CATION AND AN EFFECTIVE DATE.
DATED at Key West, Florida, this 3rd day of January, A.D. 1983.
(SEAL)
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
Cn
oo7-112)
^ PROOF OF PUBLICAM
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared
Judith E. Proulx
L_�]
, who on oath, says
that he is Office Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a N o t i c e O f I nt e n t i o n A d o p t O r d i n a n c e
IN THE MATTER OF Resort Tourist District in the
Court, was published in said
newspaper in the issues of January 13, 20, 1983
NOTIC N' E 1UN--1
Affiant further says that the said FLORIDAKEYS KEYNOTER is a newspaper ublished at Mara- Cp{� Sl �sp QPTI�7 N 1
Ypublished ash COUN KO AVANCE . ti
thou, in said Monroe Count Florida and that the said newspaper has heretofore been continuous) I y8tiMe IS .HEREBY M,iGE!N
Y�y WH- M IT MAY CONCERN
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one
year next preceding the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person,.finn, or corporation -any discount, rebate, com-
mission or refund for the purpose of securing this advertisement for publication in the said newspaper.
_ iE' AL1
;.SWORN TO AND BSCRIBED BEFORE ME THIS
"'DAY ``�, OF- - A.D. 19�1
NOTARY PUBLIC STATE OF .f A AT LARGE
MY COMMISSION EXPIRES SEPT 28 1984
untinun TURLI GENERAL INS , UND'cRWRITERS
C
00 - — 1193
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared W.B. WOLFF
, who on oath, says that he is EDIT -Op Q PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTICE OF rnITENT-1 1 TO CONSIDER ADOPT -GN OF COUNTY ORDINANCE
in the Court, was published in said
newspaper in the issues of 1-13 & 1-20-83
Affiant further says that the said REPORTER is a
newspaper published at Tavernier, in said Monroe County.,
Florida, and that the said newspaper has heretofore been
continuously published in the said Monroe County, Flo: NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
each week (on Thursday), and has been entered as secoj
NOTICE%. HEREBY GIVEN TO WHOM IT MAY CONCERN that on Friday,
class mail matter at the Post Office in Tavernier, inl February 4;1,983,at5:00P.M.atthe Marathon Subcourthouse,Marathon, Monroe
County, Florida, ia, and on Friday, February 18, 1983,.at 5:00 P.M. at the Monroe
County of Monroe, Florida, for a period of one year n� county Courthouse Annex. Courtroom "B", 500 Whitehead Street, Key West,
`Monroe County;;Florida, the Board of County Commissioners of Monroe County,
preceding the first publication of the attached copy ( Florida, intends to consider the adoption of the following County Ordinance:
advertisement; and affiant further says that he has n( ORDINANCE NO.-i98
paid nor promised any firm, person, or corporation an3 AN ORDINANCE OF THE COUNTY OF MONROE; FLORIDA,—DEFINING.
TIME-SHARE UNIT; CREATING A NEW ZONING DISTRICT RT-8, RESORT
discount, rebate, commission Or refund for the purpos TOURIST DISTRICT; PROVIDING FOR USES PERMITTED UPON SPECIAL
APPROVAL; PROVIDING FOR USES PROHIBITED; PROVIDING FOR LOT
securing this said advertisement for publication in tl AND BUILDING REQUIREMENTS, PROJECT REQUIREMENTS AND
SIGNS; PROVIDING FOR SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE
said newspaper. .
DATED at Key west, Florida, this 3rd day of January A.D.1983.
RALPH w. WH1TE ,
Clerk of the Circuit Court
�Sff_'
of Monroe County, Florida
"—LJj� and ex officio Clerk of the
SEAL 21sT Board of County Commissioners
of Monroe County, Flprlda
SWORN TO AND YS�JBSCRIBED_`,,�BEFORE- ME THIS Published: W3 & 1/20/83 i
The Reporter
DAY OF JANUARY A. D 1 9 83 Tavernier, FL 33070
j$EIC SUAf OF A&r
MY COMMISSION EXPIRES: qS.V vrl_wkmn
� THe sr+r
F
W
6
u
•�Oon we
FLORIDA DEPARTMENT OFSTATE
George Firestone
Secretary of State
Honorable Ralph W. White
Clerk of Circuit Court
500 Whitehead Street
Key West, Florida 33040
Attention: Ms. Vicki L. Garcia
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of your letter/s of April 6
and certified copy/ies of Monroe
County Ordinance/s No./s 83-5, 83-6 and 83-7
2. Receipt of County Ordinance/s
relative to:
(a)
3.
4.
NK/
which we have numbered
(b)
which we have numbered
We have filed this/these Ordinance/s in this office
on April 11, 1983.
The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially,
. (Mrs Nancy Kavanaugh
Chief, Bureau of Laws
FLORIDA-State of the Arts