Ordinance 002-1978 .7 • - •
_ ,
_ _ 1. ,
-- ORDINANCE NOe 2 — 1978
AN` ORDINANCE RELATING TO MONROE COUNTY, FLORIDA
AMENDING .THECOMPREHENSIVE ZONING ORDINANCE THEREOF
BY AMENDING MONROE COUNTY ORDINANCE 'NUMBERS: 1-1973, 6-1973 ,
5-1974 , 20-1975 and 3-1977 ; • TO' PROVIDE FOR REDEFINING THE '
ZONING TERMS, ANIMAL ACCOMMODATIONS, FACILITY,. DWELLING. UNIT; .
SPECIAL EXCEPTION; TO PROVIDE FOR 'POSTING OF SIGNS NOTIFYING
PERSONS OF PROPOSED ZONING CHANGE; TO PROVIDE FOR ADDITIONAL
SHOPPING CENTER .PLAN AND':JTOWNHO.USE, DEVELOPMENT REQUIREMENTS;
TO "PROVIDE ADDITIONAL REQUIREMENTS ' FOR .APPROVAL OF' A MOBILE
HOME PARK AND APARTMENT PROJECT REQUIREMENTS; TO PROVIDE
FOR ADDITIONAL SETBACK AND 'ACCESS CONTROL ON U .#1; TO PRO—
VIDE AMENDMENTS TO FENCE AND HEDGE REQUIREMENTS; TO PROVIDE
FLEA MARKET ZONING; . TO PROVIDE FOR DREDGINGJTO 60 FEET; TO
PROVIDE FOR STORAGE OF UNOCCUPIED TRAVEL, TRAILERS IN RU-6
ZONES AND MOBILE HOMES STORAGE - IN RU—S , AND RU-6 ZONES;. TO
. PROVIDE REQUIREMENT. THAT A PRIMARY BUILDING BE FIRST CON—
, STRUCTED ,BEFORE AN ACCESSORY BUILDING, MAY BE PLACED ON
LAND; TO PROHIBIT SHOPPING CENTERS IN- A BU-1 ZONE; TO PRO—
VIDE REGULATIONS CONCERNING THE NUMBER OF ANIMALS ALLOWED
'ON' A GIVEN PARCEL OF LAND.; TO PROVIDE REGULATIONS RELATING
TO CRAWFISH AND CRAB TRAPS AND FISHNETS; TO PROVIDE FOR A
NEW CLASSIFICATION OF ZONING RELATING TO SINGLE FAMILY
RESIDENTIAL DISTRICT' LOW' DENSITY; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF 'COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA :
1. That.'the following paragraphs , sections and . articles of
. Monroe County Ordinance No 1-1973 as' amended, are-hereby amended, de- •
leted or added to as hereinafter set forth in the attached document.
Section 2. . This Ordinance shall take effect upon receipt of ,
- the official acknowledgment- from 'the Department of State acknowledging
receipt of certified copy of this ordinance and that said ordinance
has been filed in said office by the Department of Administration,
Division of State Planning pursuant to the requirements- of Florida, •
Statutes .Section 380.05 and .Florida Statutes Chapter 120. .
NERDY CERTIFY that this dommenf hap
been reviewed for lc-gal soffit? cy and • -
. content'and that the same meet with niy
approval, r
RICflA! J G. PAY`E '
•
- • Asst. County .Attorney
'APPROVED pN �1
FAGS:, fi b-! �,.,.
Book �{-
ZAVG AMENDMENTS111111
•
Now Reads
'ARTICLE II Section 2, Paragraph 2.6., Page 2-2
ANIMAL ACCOMMODATION FACILITY - Any facility operated for treating,
boarding, training, breeding, confining, grooming, testing,
conducting research or renting out of any animal. Such a facility
may or may not be operated by a qualified licensed veterinarian.
Included in this term are the related terms of kennel, stable,
animal hospital, veterinary hospital, grooming parlor or salon,
laboratory and breeding farm or other similarly coined term.
Amend by deleting the following words:
grooming, grooming parlor or salon
Now Reads
ARTICLE II Section 2, Paragraph 2.44, Page 2-5
DWELLING UNIT - A building or portion thereof designed for residential
occupancy by one(1) family, having all rooms of the unit accessible
from within the unit, with complete housekeeping facilities for the
exclusive use of the occupancy family, including only one(1) facility
for the cooking and preparation of food.
Amend by adding the following words at the end of the paragraph:
' "Not to mean motor homes, travel traflers or campers".
New Paragraph
ARTICLE II, Section 2, Paragraph 2.86.0, Page 2-10
The term "natural waterway" as used in this Ordinance, particularly
with reference to construction setb ack requirements, shall mean any
riparian coastal location 4ronting 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.
New Paragraph -
ARTICLE II Section 2, Paragraph 2.119, Page 2.14
Special Approval. The affirmative consent of the Zoning Board in the
approval of Special Exception or "Uses Permitted Upon Special Approval"
where specific provision is made, and under the conditions provided in this
Ordinance.
Delete the words "Special Exception or".
Now Reads
ARTICLE II Section 2, Paragraph 2.120, Page 2-14
SPECIAL EXCEPTION - Uses of land and/or water and buildings, not
permitted as a matter of right or as a permitted principal use,
in a particular district, but which may be permitted by special
approval of the Zoning Board in accordance with the provisions of
this ordinance.
Amend by deleting the entire paragraph.
New Paragraph
ARTICLE III Section 1, Paragraph 1.3.1, Page 3-1
Not later than fourteen(14) days prior to the Public Hearing, the
applicant will post a sign at least 2 ft. square to be posted
prominently on the subject property so as to be legible from the
principal thoroughfare bounding the property. The sign shall show
the change of zoning, the date of the hearing and the phone numter
of the Zoning Office.
Now Rea( S
PAGE 2
;.;RTICLE III Section 4, Page 3-2
SHOPPING CENTER PLAN REQUIREMENTS
An application for approval of a shopping center plan shall include
the following:
4.1 Location Map. Location map drawn to a suitable scale.
4.2 A Site Plan. A site plan shall be drawn at a scale of not less
than 1"-50' showing:
4.2.1 All property and/or parcel lines and dimensions; the
location and dimensions of each building; the square
footage of each building; and unit and total of all
buildings by (1) retail sales or business use area,
(2) storage and other non-retail and non-business uses,
and (3) total.
4.2.2 The layout and location of off-street parking spaces,
total number of spaces, ingress and egress locations and
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dimensions, driving lanes, pedestrian ways, sidewalk,
curb lines, loading and unloading zones.
4.2.3 Screening, including walks and landscaping.
4.2.4 Storm drainage facilities, water and sanitary sewer mains,
by location and size.
4.3 Perspective Drawings. The perspective drawings or renderings
should indicate mass relationships, architectural treatment, and
color schemes as a minimum.
4.4 Approval. Approval of the plan by the Zoning Department, with such
changes and recommendations as may be required for approval,
constitutes authority for the issueance of a Building Permit(s)
for all or part of the shopping center; as approved, subject to
all other codes and regulations of Monroe County. If the shopping
center is to be constructed in phases, no further review or approval
of the plan will be required for subsequent Building Permits,
provided such permits are issued in accordance with the plan as
originally approved. If changes to the originally approved plan
are proposed, the revised plan must again be reviewed and approved
by the Zoning Board.
4.5 Ownership. Parcels of land may be sold to separate owners within
the shopping center area, and the original plan may include one(1)
or more parcels, under separate ownership, provided the total area
meets all the requirements of this Section.
Amend by deleting the entire Section.
Now Reads
ARTICLE III Section 5, Page 3-3
TOWNHOUSE DEVELOPMENT REQUIREMENTS
5.1 Subdivision Plat. Any application for a permit for a project permitted
under this Section, shall include a sub-division plat if any parcels of
land are to be sold, and/or streets or other land areas are to be
dedicated to the public, in accordance with the procedures and re-
quirements of the Monroe County Plat Filing Regulations; or a Site Plan,
if no land is to be divided or separate parcels sold and no public
streets or lands are to be dedicated to the public. Such subdivision
plat or site plan shall be drawn to a scale of not less than 1"-50' ,
and shall show all property lines and dimensions, lot, parcel, block
numbers or appropriate identification, street and easement lines and
dimensions, offstreet parking spaces, the location and dimensions
of all buildings, structures, yards, and spaces and the identification
of uses of all buildings and lands. Each subdivision plat or site
plan shall be submitted to the Zoning Department for its review and
approval. No Building Permit shall be issued for less than twelve(12)
units and no Certification of Occupancy shall be issued until at
least twelve(12) units are completed.
5.2 Plan Requirements. Same as for Apartment Project. See Section 7 of
this ARTICLE.
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• PAGE 3
5.3 Compliance with Condominum Act. Condominiums shall also meet
the requirements of Chapter 711, Condominium Act, Laws of Florida.
Amend by deleting the entire Section.
Now Reads
ARTICLE III Section 6, Page 3-3 and 3-4
Section 6.. Mobile. Home- Development Requirements
6.1 APPROVAL OF MOBILE HOME PARKS - No Mobile Home Park may hereafter
be developed or expanded until the Site Plan has been approved
by the Zoning Department, which approval shall be given provided
the plans as submitted meet the requirements contained in this
ordinance.
6.2 Contents of Plans. Complete site plans for mobile home parks
shall be submitted at a scale of not less than 1"-50' and shall
show:
6.2.1 The area and dimensions of the proposed mobile home park.
6.2.2 The proposed street and lot layout.
6.2.3 The proposed location of water, natural gas, and sewer lines.
6.2.4 A preliminary drainage plan for the mobile home park pre-
pared by a registered engineer.
6.2.5 Proposed location and dimensions of all buffers, office
structures, utility buildings, recreation areas, and like
uses.
6.2.6 A preliminary plan showing the proposed method of central
sewage collection, treatment and disposal.
6.3 Perspective Drawings. The perspective drawing or renderings
should indicate mass relationships, architectural treatment, and
color schemes as a minimum.
Amend by deleting the entire Section.
Now Reads
ARTICLE III Section 7, Pages 3-4 and 3-5
.APARTMENT PROJECT REQUIREMENTS
7.1 Plan Requirements. An application for approval of an apartment
project site plan shall include the following:
7.1.1 Location map at a suitable scale showing the location
of the proposed project in relation to the community
or general area in which the project is to be located.
This map should show major identification features such
as major roads and highways, public hearings and water
courses, scale, north arrow, and city or county boundaries.
7.1.2 The Site Plan should be prepared at a scale of not less
than 1"-50, and shall show the following:
7.1.2.1 All property and/or parcel lines and dimension
of each building, the square footage of each
building, the number of square feet 'in each
building in living units, the number of living
units in each building, accessory buildings and
facilities, recreational buildings and facilities,
building heights, and building setbacks.
rerun w
' ® 7.1.411 The layout allocation of ;_reet parking
- spaces as required, showing the total number
of spaces, ingress and egress locations and
dimensions; driving lanes, pedestrian ways,
sidewalks and curb lines.
7.1.2.3 Screening, landscaped buffer areas, proposed
landscape planting plan, architectural entrance
features, and the location, size and screening
of storage and garbage collection areas.
7.1.2.4 Plans showing the storm drainage, water and
sanitary sewer mains, by location and size,
sewage treatment facilities, and utility easements.
7.1.3 Perspective Drawings. The perspective drawings or
renderings should indicate mass relationships, architectural
treatment, and color schemes as a. minimum.
Amend by deleting the entire section.
Now Reads
ARTICLE IV Page 4-1
Title Page now reads: SPECIAL EXCEPTIONS
Delete and substitute the following:
SPECIAL APPROVAL
Now Reads
ARTICLE IV Section 3, Paragraph 3.1, Page 4-1
PROCEDURE. Requests for approval of special exception uses shall be
submitted to the Zoning Official in writing, along with
the necessary fee and such other plans or information as
the Zoning Official may require.
Amend by deleting the word "exception" in the first line
of the paragraph.
Now Reads
ARTICLE IV Section 3, Paragraph 3.3, Page 4-1
PROCEDURE. After public hearing, review of the request and
recommendation from the Zoning Official, the Zoning Board may grant or
deny the special exception use requested, or may grant conditional
approval subject to compliance with certain specified conditions.
Amend by deleting the word "exception".
Now Reads
ARTICLE IV Section 4, First Paragraph, Page 4-1
STANDARDS FOR APPROVAL. The Zoning Board shall act on each request
for a special exception use after giving due consideration to:
Amend by deleting the word "exception".
Now Reads
ARTICLE IV Section 6, Page 4-2
TIME LIMITATION AND REVERSION CLAUSE
If a request for a special exception use is granted by the Zoning
Board, the appl icant shall initiate necessary action to implement the
approved pl ans 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 special exception use granted shall
become void and the property in question shall revert to its prior
zoning classification. The owner of such property shall be notified
to appear at the Zoning Board's 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 Soard a reasonable time extension. --
beyond the one year limitation.
Amend by deleting the words "exception".
Mill i 111111
PAGE 5
Now Reads
ARTICLE IV Section 7, Page 5-4
TIME LIMITATION
If a zoning district map amendment,special exception use, or dimensional
variance is granted by the Zoning Board, Board of Adjustment or Board
of County Commissioners on appeal, the applicant shall initiate necessary
action to implement the approved plans within one(1) year from the date
of request was grated. Should the owner of the property in question
fail to initiate action within one(1) year, the zoning amendment
granted shall become void and the property in question shall revert
to its prior zoning classification. The owner of such property shall
be notified to appear at the Zoning Board or Board of Adjustment
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 or Board of Adjustment a reasonable time extension
beyond the one(l) year limitation.
Amend by deleting the word "exception".
Now Reads
APPLICATION DATA
ARTICLE VI Section 4, Paragraphs 4.1, 4.1.1, 4.1.2, 4.1.3, 4.1.4,4.1.5 - Page 6-3
4.1 All applications for a Building Permit or a Certificate of
Occupancy for any individual use shall be referred to the Zoning Official for
zoning and use clearance prior to the issuance of any Building Permit or
Certificate of. Occupancy. The material to be referred to the. Zoning Official
shall include the following, in duplicat@r which shall be required by the
Building Official as part of the Building Permit and Certificate of Use Applicatioi
process:
4.1.1 Plan of the proposed construction or development.
4.1.2 Description of any proposed machinery operations, products, and
specifications for the mechanisms and techniques used in restricting the emission
of dangerous or objectionable elements.
4.1.3 Acknowledgment, in writing, of the applicant's understanding
of the applicable performance standards contained in Article VII, Section 36,
of this ordinance.
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- 4.1.4 Agreement to conform with above performance standards at all
times. No applicant shall, however, be required to reveal any secret process,
and any information submitted will be treated as confidential if so requested.
4.1.5 Certification from the appropriate regulatory agencies that
adequate water, sanitary sewage disposal, storm drainage and highway facilities
are in existence to serve the needs and requirements of both the existing
population and the proposed development.
Delete in its entirety - substitute the following:
Section 4- Application Data
4.1 All applications for a Building Permit shall be referred to the
Zoning Official for zoning and use clearance prior to the issuance
of any Building Permit. The material to be referred to the
Zoning Official shall include the following:
4.1.1 Plan of the proposed construction development.
4.1.2 Certification from the appropriate regulatory agencies
that adequate water, sanitary sewage disposal, storm
drainage and highway facilities are in existence to serve
the needs and requirements of both the existing population
and the proposed development.
111111
Now Reads PAGE 6
ARTICLE VI Section 4, Paragraphs 4.2, 4.2.1, 4.2.2, 4.2.3, 4.2.4, Page 6-3
and 6-4
4.2 REVIEW OF APPLICATION
4.2.1 The Zoning Official shall review all requests for the
issuance of zoning and use clearance prior to the
issuance of any Building Permit, or a Certificate of
Occupancy by the Building Official for any individual
use.
4.2.2 If, as a result of the above review, the Zoning
Official finds any reasonable doubt as to the likelihood
of conformance with all appropriate regulations and
requirements, he shall cause the request to be referred
to the Zoning Board.
4.2.3 The Zoning Board shall then determine whether or not the
zoning and/or use clearance shall be issued.
4.2.4 In the event the Zoning Board is unable to determine
whether or not the applicant will conform to the
performance standards as set forth in ARTICLE VII,
Section 36, the Zoning Board may, on its own initiative,
request advice and recommendations from specialists or
consultants in such technical fields as might be deemed
necessary. Costs of such consultants or specialists
shall be borne by the applicant.
Amend to read :
4.2 REVIEW OF APPLICATION
4.2.1 The Zoning Official shall review all requests for the
issuance of zoning and use clearance prior to the
issuance of any building permit.
4.2.2 If, as a result of the above review, the Zoning
Official finds any reasonable doubt as to the likelihood
of conformance with all appropriate regulations and
requirements, he shall cause the request to be
rejected.
4.2.3 and 4.2.4 - Shall be deleted.
Now Reads
ARTICLE VII Section I, Paragraph 1.1, Page 7-1
SETBACK AND ACCESS CONTROL ON U.S. 1
A minimum setback of 25 feet from the right-of-way of U.S. Highway 1 - --
is established.
Amend by changing the number 25 to read 50., from right-of-way of U.S.
' Highway #1.
Now Reads
ARTICLE VII Section 14, Pages 7-4 and 7-5
FENCES AND/OR HEDGES - On all residential districts, rear setback
requirements shall not apply to fences and/or hedges six feet or less
in height. Side setback requirements shall not apply to fences and/or
hedges six feet or less in height from the rear lot line to the front
setback line.
Front and side setback requirements shall not apply to fences and/or
hedges three feet high or less nor shall they apply to chain link
fences four feet high or less. In all districts other than residential,
setback requirements shall not apply to fences and/or hedges six feet -
high or less.
Amend by deleting the section in its entirety and substituting the
following: • . .�:.. .
110
PAGE 6-A
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FENCES AND/OR HEDGES
In all residential districts, rear setbacks- requirements.- shall not apply
to fences and/or hedges- six feet or less in height. Side setback
requirements shall not apply to fences and/or hedges six feet or Tess-
in height from the rear lot line to the front setback line.
Front and side setback requirements shall not apply to fences and/or
hedges four feet high or less nor shall they apply to chain link
fences five feet high or less, except that on corner lot if chain link
ences are installed at the five foot height nothing shall be placed
on it or allowed to grow upon it that would in any way impair clear
vision of any vehicular traffic.
Fences in any business zone may be constructed to eight feet, on all
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sides, except that on corner lots fences shall not be erected so as to
impair in any way clear vision of any vehicular traffic.
Fence material in any zone_ shall be concrete blocks, poured concrete,
chain link, or new lumber, unless otherwise approved by the Zoning Dept.
ARTICLE VII Section 14A
FLEA MARKETS
Flea Markets shall be permitted only in a BU-2 Zone on a minimum of
1 acre of land.
Flea Markets in the unincorporated areas of Monroe County shall be
• conducted only by charitable or non-profit organizations.
No individual, group of individuals companies or corporations shall be
permitted to conduct a flea market in the unincorporated areas of Monroe
County. Eligible Flea Market organizations shall be required to obtain
a permit from the Monroe County Building Department after approval by the
Zoning Department.
Self-made arts and crafts and home grows plants may be
offered for sale.
Fifty percent of the flea market area must be provided for off-street
parking.
All commercial flea markets shall have 30 days after the effective date
of this Ordinance in which to cease their operation. Failure to cease
shall constitute a violation of this Ordinance.
Garage sales may be conducted only once a year from the same location and
only after receiving a permit from the Monroe County Building Department.
NOW READS
ARTICLE VII Section 19,Page 7-7
Land and Water Fills, Dredging, Excavation, Mining and Quarrying
No person shall engage in the filling of land or water areas, dredging
the excavation of land or removal of earth, and no mining operations
shall be undertaken without first obtaining a permit approved by the
County Commission. This approval does not preclude the applicant from
obtaining any necessary State and/or Federal permits. Applications for
a County permit for dredging, excavations, and mining operations must
adhere to the following:
1. No deeper than 30 ft. from mean sea level.
2. A Topographic map of the area signed by a registered land
surveyor or engineer.
3. Sufficient core borings to the depth desired in order to de-
termine the adviseability of the project. This work must be
performed and/or documented by a licensed professional engineer.
After approval by the County Commission or in cases where State
or Federal approval is required the permit shall be
issued by the Monroe County Building• Department. . Subject
to the necessary State or Federal approval.
Amend by changing 30 ft. to 60 ft. in the first paragraph and by adding
a new paragraph as follows:
4. _ : Applications for County Permits shall include
provisions for protection of the public, including children,
from accidental injury, drowning or_death_ due to such_operation.
•
•, 410 PAGE 7
Now Reads
ARTICLE VII Section 23, Pages 7-7 and 7-8
• MOBILE HOMES AND TRAVEL TRAILERS
Mobile homes shall be permitted to be used for living purposes
• in RU-5 and RU-5P districts and shall be limited to one story
single wide or double wide units with customary additions including
cabanas, carports, and storage units. Travel trailers, as defined in
this ordinance, shall be permitted only in RU-6 districts. Mobile
homes used for temporary construction offices on job sites shall be
permitted in any district during construction under a valid building
permit and shall be removed from the premises before the Certificate
of Occupancy is issued. Unoccupied travel trailers and mobile homes
shall be stored only in BU districts. Travel trailers and mobile
homes shall be prohibited in any district except as provided in this
Section, Section 41.4 of this Article and Article X of this ordinance.
Amend to read as follows: •
Unoccupied travel trailers may be stored in RU-6 zones, and mobile
homes may be stored in RU-5 and RU-6 zones upon special approval.
Unoccupied mobile homes, travel trailers, and campers, may be sold
and stored in BU-2 zones as a principal use.
Now Reads
ARTICLE VII Section 29, Page 7-10
NURSING HOMES
Nursing homes shall include convalescent homes, homes for the aged,
and such other activities designed to take care of the aged or persons
unable to care for themselves without supervision or assistance.
Nursing homes shall be permitted in districts only after appl ication
is made and approved by the Zoning Board, which shall hold a public
hearing on each request after giving thirty(30) days notice of the
time and place of such hearing. Such uses shall comply with the
off-street parking requirements as set forth in Section 32 of this
ARTICLE.
Amend by deleting the entire section and substituting the following.
'
• • i7E 8
NOW READS-
ARTICLE VII Section 29, Page 7-10
NUISANCES
1`
Section 1. That Section Ai of Article VII of Monroe Counti
1
• Ordinance No. 1 -1973, as amended by Ordinance no.6 -1973, Ordina:'ci
No. 5 -1974 and Ordinance No. 20 - 1975 be and the same is hereby
amended to read lows:
'Section S . Loud, disturbing noises.
No person shall create any unreasonably loud, disturbing
•
and unnecessary noise in the unincorporated areas of Monroe County'
Florida or noise of such character, intensity and duration as to b•'
detrimental to the life or health of any person or to unreasonably
disturb or annoy the quiet, comfort or repose of any person.
.
Section 5 y. 1. Enumeration of prohibitions.
The enumeration hereinafter of certain specific offenses
'shall not be construed as a limitation of the scope of this chapter .
(a) Blowing Horns. No person shall sound the horn or
other warning device of any motor vehicle except
as a danger signal or in compliance with the
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(b) Vehicle in disrepair. No Rezaou shall operate
a motor vehicle, the brakes or other parts of �
which are in such a state of repair or adjust-
ment as to canoe excessive and unnecessary
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noise. �
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(c) Use of vehicle. No person shall operate q motor '
vehicle vh��cb shall be so loaded, or load on
the
which shall be so insecurely attached, or not
attached, as to cause excessive and unnecessary
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noise.
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(d) Radios, phonographs, etc. No person shall operate
' a. radio or phonograph or play any musical instru-
ment between the hours of ll;Oo p.m. and 7;0o a.m.,
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in such
manner, or with such volume as toa000r or disturb any person in a 'dweIliug hotel, apaz�,00�
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or other type of residence.
(e) In quiet 000ea' No person shall make' or cause
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to be made' any loud and unnecessary noise in o,
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.near any "quiet zone" as bez=io defined. 'A "quiet
zone" shall be any part of the unincorporated
County in the vicinity of a hospital, cbuzpb
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services are io' pzoqzeso therein) , school (u'o-�,g
� school hours) , ' public library or place where a person
shall be extremely ill/ provided, that such zone
shall have been marked off and designated by appro-
priate and conspicuous signs placed, or caused to �
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be placed, by the cnooty of Monroe. �
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(f) Miscellaneous noieeo' No person shall make, or ] �
have a part in the making of, louu and unnecessary
noises by means of fireworks, explosives. firearms, '
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, horns, trumpets, uzuma' bells or whistles, or by
shouting or. loud talking or by any other oo m�a � '�
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provided, that this paragraph shall not be con-
strued as prohibiting shouting, singing or loud
talking by spectators at and during athletic con-
tests; provided further, that the Board of County
Commissioners of Monroe County, Florida may suspend
the operation of this paragraph at such time, to
such extent and to such places as shall be deter-
mined by the Board.
(g) Hawking, peddling, etc. No person peddling,
hawking or selling produce or goods of any character
shall make or cause to be made a noise which disturbs
the peace and quiet of a neighborhood.
(h) Whistles. No person shall sound or cause to be
sounded a steam whistle or any whistle of similar
character of volume except to give notice of the
time of beginning or stopping work or as a warning
of danger.
(i) Pets. No person shall have or keep any animal or
bird which, by making or causing frequent or long
continued and unreasonable noise shall disturb the
comfort and repose of any person in the vicinity.
Found trucks, etc. --- Definitions.
Sound truck. The words "sound truck" shall mean any motor
vehicle having mounted thereon, or attached thereto any sound-ampli-
hying equipment.
Sound-amplifying equipment. The words "sound-amplifying
equipment" shall mean any machine or device for the amplification
of the human voice, music or any other sound. "S end-amplifying
equipment" shall not be construed as including standard automobile
radios when used and heard only by occupants of the vehicle in which J
installed or warning devices on authorized emergency vehicles or
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•
•
• horns or other warning devices on other vehicles used only for
traffic safety purposes.
41,3 Same --- Commercial advertising prohibited.
•
• No person shall operate or cause to be operated any sound
•
truck for commercial sound advertising purposes in the unincorporated
areas of Monroe County, Florida with sound-amplifying equipment in
• operation.
400 at;,e --- Noncommercial use.
(a) When registration required. Except as hereinafter
• provided, no person shall use• or cause to be used a sound truck with •
its sound- mplifying equipment in operation for noncommercial purposes •
' within the unincorporated areas of Monroe County before filing a . . .
registration statement with the Monroe County, Florida Building
••
Officials in writing. This registration statement stall' be filed
• in duplicate and shall state the following:
• (1) Name and address of place of business of •
•
applicant;
• - (2) Name- and address of. person who owns or has
direct charge of the sound truck; and - • •
(3) The purpose for which the sound truck will
be used. •
•
• (b) When registration is not required. No registra-' •
tion is required for such noncommercial use of sound trucks as the •
. United States Navy or the various public utility companies broad- - •
casting emergency orders or the use of sound trucks during public
•
parades or shows for public benefit.
(c) Certified copy of registration statement must
• be carried. The Building Official shall return to each applicant
one copy of the registration statement duly certified as a correct
copy. The certified copy of the registration statement shall be in
: the possession of any person operating the sound truck at all times
while the sound truck's sound-amplifying equipment is in operation. . .
•sa--rsti::accs.. — �c......:.iu^'=sa,: ,;:;c� ..,;,,,:w.a•...n::' + u..=.....:.;.r-i+x-=:.,,as;a. ..s•..a..a+w.;�r-_.s,�-. `.e�,,•,atia..;,_,,,,Ne,':«�.tL, _ - _
•
1.11
-...._.__.. _ .. . PAGE -12
•
•
A copy shall be promptly displayed and shown to any law enforce-
ment officer or County Building or Zoning Official upon request.
(d) Regulations for use. Noncommercial use of sound
trucks within the unincorporated areas of Monroe County, Florida
with sound-amplifying equipment in operation shall be ,subjectto
the follosing regulations:
(1) The only sounds permitted are music or human
speech.
•
(2) Operations are permitted for nine hours each •
day, except on Sundays when no operations shall be authorized. The
permitted nine hours ot operation shall be between the hours of rl
9:00 a.m. and 6:00 p.m.
(3) Sound-amplifying equipment shall not be opera-
ted is
unless the sound truck upon which such equipment is mounted is
- operated at a speed of at least ten miles except per hour when such .
truck is stopped or impeded by traffic. When stopped by traffic, the
sound-amplifying equipment shall not be operated for longer than one •
minute at each such stop.
(4) Sound shall not be issued within one-hundred
yards of hospitals, or schools, churches or courthouses while in
session. •
(5) The human speech and music amplified shall not
be profane, lewd, indecent or slanderous.
•
• (6) The volume of sound shall be controlled so that
the volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons within the area of audibility.
54.5 Violations of this Section are to be prose,.;uted and •
•
subject to penalty as provided in Section 5 of Article III of this
Ordinance." •
Section 2. This Ordinance shall take effect upon receipt
. r
of the Official acknowledgment from the Department of State
acknowledging receipt of certified copy of this Ordinance and that
• • eEiie4
• Amend by making the following changes:
Section 1 - Change the number 43 to read 29 and change all subsection numbers to
29 that now read 54.
Section 54.3 - change to read:
No person shall operate or cause to be operated any vehicle.
for commercial advertising purposes in the unincorporated areas
of Monroe County with sound-amplifying equipment in operation.
54.4 (b) Amend to read.
When registration is not required. No registration is required for such
non-commercial use of sound trucks of governmental agencies or the
various public utility companies broadcasting of emergency orders
or the use of sound trucks during public parades or shows for public
benefit.
54.5 Amend to read:
Violations of this section are to be prosecuted and subject to penalty
as provided in ARTICLE VI, Section 5 of this Ordinance.
Section 2 - Delete in its entirety.
ARTICLE VII, Section 32 , Page 7-11
Add the following to this Section:
Recreational, Vehicle Park - One space for tent, trailer
camper in mobile home site
One space per each two employees
One space per each 4 restaurant or
lounge seats
One space for each 150 sq. ft. of
NEW PARAGRAPH retail business area
ARTICLE VII, Section 37A, Page 7-17
Principal Building
No assessory building or structure of any kind shall be constructed on any
property in the unincorporated areas of Monroe County until and unless
there is first constructed the principal building on the property.
Now Reads
ARTICLE VII, 'Section 41, Paragraph 41.1, Page 7-18 •
SERVICE STATIONS
Zones in which permitted. BU-1 and BU-2 Districts, and as approved in
accordance with a planned unit development.
Amend by deleting BU-1.
• ` , • . Prow Beads •
• PAGE 13
ARTICLE VII Section 41, Paragraph 41.7, Page 7-19
TRUCK STOPS
Truck stops, as defined in this ordinance shall be permitted in BU-1 and
BU-2 Districts provided that the lot has a minimum frontage of at least
• three hundred(300 feet, a minimum. depth of three hundred(300) feet, and a
minimum setback of all buildings and structures including delivery pumps
of fifty(50) feet from all perimeter property lines. Screening shall be
provided as required in Section 32.2.1 of this ARTICLE shall be complied
with. •
Amend by deleting BU-1.
Now Beads
ARTICLE VII Section 42, Paragraph 42.1, Page 7-19
SHOPPING CENTERS
Zones in which permitted. Shopping centers shall be permitted in BU-1
and BU-2 Districts.
Amend by deleting BU-l.
• NOW READS
ARTICLE VII Section 55, Page 7-23
Drainage
1. Retention of construction related runoff or discharge of
such runoff .into adequately sized natural .vegetative
filtration areas in a manner approximating the natural runoff
regime.
2. Permanent drainage systems which make maximum use of natural
drainage patterns, vegetative retention and filtration.
- Amend by deleting the entire paragraphs and substituting
the following:
All residential,commercial, multiple-unit developments and
private and public parking lots shall include an approved
drainage system which contains and disposes of all storm
water drainage within the confines of the development site.
No storm water from any of the above described developments
shall be allowed to drain onto adjoining property or public
or private roadways or into adjoining public or protected
waters.
Nem Paragraph_
•
ARTICLE VII Section 57, - New Paragraph •
ANIMALS
57.0 No livestock, such as cows, goats, sheep or pigs, barnyard
animals such as chickens, ducks, or geese, shall be kept
either penned or loose in any residential zone in Monroe
County.
Domesticated pets (dogs & cats, etc.)shall be kept as provided
in Paragraph 57.1 of this Section. Animals considered wild shall
not be allowed in any residential zone in Monroe County.
57.1 A maximum of two(2) domesticated pets shall be allowed on any residential
property or in any residential unit.
411•
•
PAGE 13 (continued)
• ARTICLE VII, Section 57(continued)
57.2 All animals, whether livestock, barnyard animals, ordinary household
pets or other animals shall only be kept on any land in Monroe County
in a manner that complies with all sanitary regulations of the
Monroe County Health Department. All food and water for such
•
animals shall be kept in suitable covered containers, shall not be
left exposed to flies, vermin or birds, shall not be left exposed
to sun and heat so as to cause putrescense and shall not be allowed
to cause any offensive odors.
New Paragraph
ARTICLE IX Section 3, Paragraph 3.2, Item 9, Page 9-1
Cemeteries, including crematories and mausoleums on a minimum of 5 acres.
Now Reads
ARTICLE X Section 3, Paragraph 3.4.1, Page 10-2
USES PROHIBITED - Any commercial or recreational use other than parks and
playgrounds.
Amend by deleting the entire paragraph.
• ZI
•
PAGE 14
NEW PARAGRAPH
ARTICLE X Section 3, Paragraph 3.5.7.4
Except that the setback from U.S. 1 Righg-of-way be 50 feet regardless
of which side of the property faces U.S. 1.
Now Reads
ARTICLE X Section 3, Paragraph 3.5.8, Page 10-2
Accessory buildings, from any property line
Amend to read: Accessory buildings, side and rear yards 10 ft. front yard
20 ft. Open carpports without sides and attached to the house, or so
constructed as to appear to be a part of the house, may extend to within
five(5) feet of the side or front property lines.
New Paragraph
ARTICLE X Section 4A , Page 10-3
RU-1.E Single Family Residential Districts Low Density
This district is intended to provide single family residential
areas consisting of lots having an area of at least one acre.
4A.1 Principal Uses Permitted Same as RU-1 Districts.
4A.2 Accessory Uses Permitted Same as RU-1 Districts.
4A.3 Uses Permitted Upon Special Approval Same as RU-1
Districts.
4A.4 Uses Prohibited.. Same as RU-1 Districts
4A.5 Lot and Building Requirements
4A.501 Minimum Living Area Sarre.. as. ,RU-1 Dist.
AA.5.2 Minimum Lot Area 1 acre
4A.5.3 Mimimum Lot Depth Same as RU-1 District
4A.5.4 Minimum Lot Width Same as RU-1 District
4A•5.5 Minimum Front Yard Same as RU-1 District
4A.5.6 Mimimum Side Yard 20 feet
4A.5.7 Minimum Rear Yard Same as RU-1 District
4A.5. 8 Minimum setback from Highway US-1 regardless of which
way the property faces. 50 feet
4A.5.9 Accessory building setbacks same as principal
building.
4A.5.10 Maximum Building Height Same as RU-1 district
4A.5.11 Maximum percentage of Lot Coverage 15%
A.5�:12 :Minimum Setback from the high water mark of any
natural waterway 50 feet
4A.6 Signs permitted Same as RU-1 District
4A.7 Parking Requirements Same as RU-1 District
Now Reads
ARTICLE X Section 5, Paragraphs 5.5.8, 5.5.8.1, 5.5.8.2, Page 10-5
Accessory Buildings - From Interior Property Line 71/2 ft. -
Abutting a Road-Same as the Principal Building
Amend by deleting the paragraphs in their entirety and substitute the
following:
Accessory buildings - Same as RU-1
. d 'PAGE 15
Now Reads
ARTICLE X Section 5, Paragraph 5.5.7.3, Page 10-5
Abutting a Road 15 ft.
Add: Except that the setback from U.S. 1 Right-of-way be 50 ft.
regardless of which side of the property faces U.S. 1
Now Reads
ARTICLE X Section 6, Paragraph 6.1.1, Page 10-5
All principal uses permitted in the RU-2 District.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.1.3, Page 10-5
Rooming houses, boarding houses, guest homes.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.2.1, Page 10-6
Same as RU-2 District
Amend by deleting the entire paragraph and substituting the following:
Cocktail lounges, clubhouses, swimming pools, tennis courts, storage
and service buildings, managers office, and boat storage buildings and
boat docks for the exclusive use of the occupants or owners of units within
the project and their guests.
Now Reads
ARTICLE X Section 6, Paragraph 6.2.2, Page 10-6
ACCESSORY USES PERMITTED
Apartment buil dings of one hundred(100) or more units; sale of goods
and services intended only from within the principal building.
Amend by deleting the entire Paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.3, Page 10-6
USES PERMITTED UPON SPECIAL APPROVAL - Same as RU-1 District.
Amend by deleting the entire paragraph and changing to read:
Public and private utility installations and buildings.
Now reads
ARTICLE X Section 6, Paragraph 6.5.1.1, Page 10-6
LOTS AND BUILDING REQUIREMENTS
Single Family Units 750 sq. ft.
Amend by deleting the entire paragraph.
23
PAGE 15-A
Now Reads
ARTICLE X Section 6, Paragraph 6.5.1.2, Page 10-6
LOTS AND BUILDING REQUIREMENTS
Duplex Units 750 sq. ft.
Amend by deleting the entire paragraph. •
Now Reads
ARTICLE X Section 6„ Paragraph 6.5.3.1, Page 10-6
MINIMUM LOT WIDTH
1 thru 10 units and over 100 ft.
Amend by deleting the entire paragraph and substituting the following:
Minimum Lot width 200 Ft.
Now Reads
ARTICLE X Section 6, Paragraph 6.5.4, Page 10-6
MINIMUM LOT DEPTH 100 ft.
Amend by changing 100 ft. to read 200 Ft.
Now Reads
ARTICLE X Section 6, Paragraph 6.5.5, Page 10-6
Minimum front yard 20 ft.
Amend by changing 20 ft. to read 50 ft.
® . •
PAGE 16
Now Reads
ARTICLE X Section 6, Paragraph 6.5.5.1, Page 10-6
Abutting a state road or highway 100 ft.
Amend by deleting, and substitute the following:
Abutting USl 100 ft. from right-of-way
All other roads 50 ft. from right-of-way
Now Reads
ARTICLE X Section 6, Paragraph 6.5.6.1, Page 10-6
Abutting another lot 20 ft.
Amend by deleting the entire paragraph and substituting the following:
Abutting another parcel of land or a subdivision 50 ft.
Now Reads
ARTICLE X Section 6, Paragraph 6.5.6.2
MINIMUM REAR YARD
Abutting a road 25 ft. plus six(6) inches for each ft. or
building height over thirty five(35) ft.
Amend by deleting the paragraph in its entirety and substituting the
following:
Abutting a road 50 ft. from right-of-way
Now Reads •
ARTICLE X Section 6, Paragraph 6.5.7.1, Page 10-6
MINIMUM SIDE YARD
Interior 1 story 7-1/2 ft.
Amend by deleting the entire paragraph and substituting the following:
Between buildings up to 2 stories 20 ft.
Now Reads
ARTICLE X Section 6, Paragraph 6.5.7.2, Page 10-6
MINIMUM SIDE YARD
Interior 2 story 12 ft.
Amend by deleting the paragraph in its entirety and substituting
the following:
Between buildings 3 stories and above 30 ft.
Now Reads
ARTICLE Section 6, Paragraph 6.5.7.3, Page 10-7
MINIMUM SIDE YARD
Interior 3 story and over 12 ft. plus six(6) inches for each
ft. of building height over thirty
five(35) feet.
Amend by deleting the entire paragraph. -
ZS .
• _
. PAGE 17
Now Reads
ARTICLE X Section 6, Paragraph 6.5.7.4.1, Page 10-7
ABUTTING A ROAD
1 and 2 stories 15 ft.
Amend to read - Up to 2 stories 20 ft.
Now Reads
ARTICLE X Section 6, Paragraph 6.5.7.4.2; Page 10-7
ABUTTING A ROAD
3 Story and over 20 .ft. pl us six(6) inches for each
foot of building height over
thirty-five(35) ft.
Amend to read 3 Stories and above 30 ft.
New Paragraph
ARTICLE X Section 6, Paragraph 6.5.7.4.3
Except that the setback from U.S. 1 Right-of-way be _100ft.
regardless of which side of the buildings face U.S. 1
•
New Paragraph.
ARTICLE X Section 6, Paragraph 6.5.7.4. 4, Page 10-7 -
ABUTTING ANOTHER LOT OR PARCEL
Up to 2 stories 20 ft.
New Paragraph
ARTICLE X Section, Paragraph 6.5.7.4. 5, Page 10-7
ABUTTING ANOTHER LOT OR PARCEL
3 stories and above 30 ft.
Now Reads •
ARTICLE X Section 6, Paragraph 6.5.11, Page 10-7
Accessory buildings from any property line 72 ft.
Amend by deleting the paragraph in its entirety and substitute the
following:
Accessory buildings setback same as principal building.
�L. •
11111 PAG
. • Now Reads
ARTICLE X Section 6, Paragraph 6.5.12, Page 10-7
Minimum distance between buildings 15 ft.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.6, Page 10-7
APARTMENT PROJECT REQUIREMENTS. This subsection sets forth the
requirements for apartment projects and supplements the preceding
portions of this section and Section 6 of this ARTICLE, relating to
apartment projects in RU-4 Districts.
Amend by deleting the entire paragraph and inserting the following;
Park and Recreation Area. Any project comprising five(5) acres or
more shall be required to provide no less than ten(10) percent of the
total land area devoted to park and recreational uses for the
occupants of the project. Such park and recreational land shall be
common property if a condominium under the management of the
condominium director, or a homes association if properties are
individually sold, or shall be maintained by the owner if the
project is rental or leased units.
ARTICLE X Section 6, Paragraph 6.6.1, Pages 10-7 and 10-8
ZONES IN WHICH PERMITTED. Apartment projects shall be permitted
in any RU-3 or RU-4 District, provided that the requirements for the
district in which they are located are met in addition to complying
with the requirements of this section.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.6.2, Page 10-8
USES PERMITTING - Multiple family buildings and customary accessory
buildings, including laundry and storage of maintenance equipment and
supplies, recreational buildings and facilities.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 6, Paragraph 6.6.4, Page 10-8
MINIMUM SETBACK OF BUILDING FROM SINGLE FAMILY RESIDENTIAL DISTRICTS
No principal building or accessory building shall be constructed within
thirty-five(35) feet of an RU-1 single family residential district.
Amend by changing 35 ft. to 50 ft. :
Now Reads
ARTICLE X Section 6, Paragraph 6.6.5, Page 10-8
SCREENING
Any land of an apartment project site, which has a common boundary
with any other land in a single family residential zoning classification,
shall be provided 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 to the property line.
Such areas shall be so designed and planted with dense evergreen foliage
so as to be not less than ten percent(10%) opaque when viewed
horizontally between 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 parking purposes.
Amend by changing the word apartment to read "multiple unit".
9 1
N • •Continued- 111111184
NEW PARAGRAPH
ARTICLE X Section 6, Paragraph 6.6, Page 10-8
SANITARY SEWER SYSTEM
• A central sanitary sewage collection, treatment, and disposal system
for all multiple famile unit projects shall be provided and shall meet
the requirements of the Dept. of Environmental Regulation.
® PAGE 19
NEW PARAGRAPH
ARTICLE X Section 6, Paragraph 6.8, Page 10-8
COMPLIANCE WITH CONDOMINIUM ACT
Condominiums shall meet the requirements of Chapter 718, Condominium
Act, Laws of Florida.
Now Reads
ARTICLE X Section 7, Paragraph 7.1, Page 10-8
Purpose. It is the purpose of this Section to provide a zoning district
in which apartments, townhouses, cluster houses, garden, court, and
patio houses may be constructed in groups making efficient, economical,
comfortable, and convenient use of land and open space, and further serve
the public purposes of zoning by means other than conventional arrangements
of yards, open spaces and building areas.
Amend by deleting the words "apartments , garden, court, and patio houses.
Now Reads
ARTICLE X Section 7, Paragraph 7.2.1, Page 10-9
Any use permitted in the RU-3 District.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 7, Paragraph 7.2.2, Page 10-9
Apartments
Amend by deleting the entire paragraph.
Now Reads
ARTICLE X Section 7, Paragraph 7.2.3
Townhouses, cluster houses, attached and detached, garden,
court, and patio houses.
Delete all except Townhouses and cluster house.
Now Reads
ARTICLE X Section 7, Paragraph 7.3, Page 10-9
7.3 Accessory Uses Permitted
7.3.1 Private garages or vehicle shelters.
7.3.2 Swimming Pools
7.3.3 Parks, recreational areas and buildings
7.3.4 Storage and service buildings
7.3.5 Offices of manager or superintendent
Delete in its entirety and substitute the following:
Accessory Uses Permitted
Same as RU-3
Now Reads
ARTICLE X Section 7, Paragraph 7.4.1, 7.4.2, _ 7.4.4 , Page 10-9
Churches and church schools
Kindergartens and child care centers
Non-Profit, educational, recreational, and social centers
Amend by deleting all three(3)paragraphs in their entirety.
-2-
9
410
!�!20
• Now Reads •
ARTICLE X Section 7, Paragraph 7.8, Page 10-9
MAXIMUM DENSITY - Density shall not exceed sixteen(16) units per net
acre (excluding streets and public areas) nor twelve(12) units per gross
acre (including streets and public areas)
Amend by deleting the entire paragraph and substitute the following:
Maximum Density - maximum density .shall be six(6) "units per gross acre.
Now Reads
ARTICLE X Section 7, Paragraph 7.11, Page 10-10
ACCESSORY STRUCTURES . Shall be located no closer than 10 feet. to the
rear or 20 feet from the mean high water line.
Amend by deleting the entire paragraph_ andsubstituting the following:
Same as principal buildings.
'New Paragraph
ARTICLE X Section 7, Paragraph 7.13A, Page 10-10
Sanitary Sewer System. A central sanitary sewage collection,
treatment, and disposal system for all multiple family unit projects
shall be provided and shall meet the requirements of the Dept. of
Environmental Regulation. _
Now Reads
ARTICLE X Section 7, Paragraph 7.17.1. , Page 10-10 and 10-11
Single Family dwellings and Duplexes - Same as RU-2 District lot
and building requirements.
Amend by deleting the entire paragraph..
Now Reads
ARTICLE X Section 7, Paragraph 7.17,2, Page 10-11
Apartments - Same as RU-3, except that maximum density shall not
exceed twelve(12) units per gross acre.
Amend by deleting the entire paragraph.
•
- -.3 en -
MIN OM-
PAGE 20-A
Now Reads
ARTICLE X Section 7, Page 10-11, Paragraphs 7.17.3.6 Setbacks(individual units)
7.17.3.6.1, 7.17.3.6.2, 7.17.3.6.3
Amend by deleting all paragraphs and substituting the following:
RU-4
7.17.3.6 Setbacks:
7.17.3.6.1 Front Setback 50 ft.
Front setback from US1 100 ft.
7.17.3.6.2 Rear setback
From another multiple unit subdivision 20 ft.
From an RU-1 or RU-2 zone or sub. 50 ft.
with a 6' screening wall on the
property line
From a road 25 ft.
From coumiercial property 25 ft.
7.17.3.6.3 Side Setbacks
Same as Rear setbacks
Except if side or rear property faces
U.S.1 the setback shall be 100 ft.
7.17.3.6.4 Minimum setback from the mean high water
line of any natural waterway 50 ft.
Now Reads
ARTICLE X Section 7, Paragraphs 7.17.5, 7.17.5.1, 7.17.5.2, 7.17.5.3, 7.17.5.4.
7.17.5.5, 7.17.5.6 - Page 10-12
7 . 17. 5 Garden, Court and Patio Houses .
7 . 17 . 5 . 1 The minimum width of a lot on which a garden,
court , or patio house may be built shall be twenty four (24) feet.
7 . 17 . 5. 2 Not more than six (6) garden , court or patio
houses shall be built in a row 'With the same front building line ,
and not more than twelve (12) garden , court or patio houses shall
comprise any one group .
7. 17 . 5 . 3 Minimum lot area shall be three thousand (3 , 000)
square feet for each living unit .
7 . 17 . 5. 4 Separation. No portion of any living unit
shall be closer than twenty (20) feet to any structure of any
adjoining or detached living unit .
7 . 17 . 5 . 5 Yards . At least two (2) yards shall be pro-
vided for each attached living unit and four (4) yards shall be
required for each- detached living unit .
7. 17 . 5. 6 Minimum setback from any waterway shall be• -
20 feet.
Amend by deleting all the paragraphs.
• •
PAGE 20A(continued)
INInw Raar�c
ARTICLE X Section 9.1, Paragraph 9.1.1
Parking, occupancy or storage of mobile homes and travel trailers.
Amend to read:
Parking and occupancy of mobile homes.
Now Reads
ARTICLE X Section 9.3, Page 10-16
Uses Permitted upon special approval - None
Amend to read:
Uses permitted upon special approval.
ADD
9.3.1 Travel Trailer and Camper storage areas and provisions
for fencing or screening of same.
411 •
PAGE 21
•
Now Reads
ARTICLE X Section 10, Paragraph 10.2.4, Page 10-19
Recreational facilities including swimming pools, golf, recreational
and social center buildings, and other recreational facilities and areas.
Amend by adding the following at the end of the paragraph:
"provided for the sole use of the occupants of the park".
Now Reads
ARTICLE X Section 10, Paragraph 10.5. Page 10-20
DEVELOPMENT REQUIREMENTS - The site proposed shall contain not less than
twenty(20) acres, shall have not less than eighty(80) spaces completed
and available at first occupancy and shall have no more than ten(10)
recreational vehicle spaces or camper spaces per gross acre.
Amend by changing 20 acres to read 10 acres and 10 recreational
vehicle or camper spaces to read 20.
Now Reads
ARTICLE X Section 10, Paragraph 10.5.2, Page 10-20
A landscaped vegetative buffer zone at least twenty five(25) feet
in width shall be provided where this District abuts some other zoning
district of a higher classification.
Amend by deleting the entire paragraph and substituting the following:
Sara as RU-5P
Now Reads
ARTICLE X Section 10, Paragraph 10.5.3, Page 10-20
Each space shall have an average width of at least forty(40)
feet and contain not less than two thousand(2000) sq. ft.
Delete the entire paragraph and substitute the following:
If an addition to an existing park is less than 5 acres each space
shall be at least 2000 sq. ft. If an addition to an existing
park is greater than 5 acres it shall be considered a major development
and be subject to all the requirements of the Major Development
Ordinance.
Now Reads
ARTICLE X Section 10, Paragraph 10.5.9, Page 10-21
The development shall have a sewage disposal system approved by the
Monroe County Board of Health and the State Division of Health.
Amend by deleting the entire paragraph and substituting the following:
The development shall have a sewage disposal system approved by the
Monroe County Waste and Disposal Board and the Department of
Environmental Regulation of the State of Florida.
Now Reads
ARTICLE X Section 10, Paragraph 10.5.10, Page 10-21
Porches, additions, and other appurtenances to recreational vehicles,
campers, and tents, shall comply with this ordinance and the Building
Code of Monroe County. All canvas, or other demountable roofs, porches,
or other appurtenances shall be dismantled and stored if the dwelling
unit is not to be occupied for a period of thirty(30) days or more
except that a roof, porch, or appurtenance constructed under a Building
Permit issued by Monroe County is not subject to this requirement.
Amend by deleting the words "canvas or other", and by placing a period
after the word more, and deleting the balance of the paragraph.
Now - ® , PAGE 22
,ARTICLE X Section 10, Paragraph 10.7, Page 10-21
Parking. Off-street parking shall be provided as required in Section 32
ARTICLE VII of this Ordinance.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE XI Section 3. BU-1 LIGHT BUSINESS DISTRICT, Page 11-1
The District is intended to protect and enhance the areas best
suited for the preservation and development of businesses related to
the tourist-resort trade.
Delete in its entirety and substitute the following:
This district is intended to protect and enhance the areas best
suited for the preservation of business related to neighborhood,
tourist, and resort retail sales; and business, personal, and
professional services.
Now Reads
ARTICLE XI Section 3, Paragraph 3.1.4, Page 11-1
PRINCIPAL USES PERMITTED
Restaurants, Types "A" and "B" drug and sundry shops, tobacco
and newsstands, florists, gift shops, confectionery stores and coin
operated laundries.
Amend by deleting coin operated laundries and by adding the following:
Antique shops, art goods and bric-a-brac shops,banks, bookstore, burgler
alarms and fire alarms, contractor's offices, craft stores, clothing store,
curio shops, electronic sales-SER,furriers, interior decorating, ice cream
parlors-individual and family counseling, jewelry stores, leather goods., __
millinery stores, optical shops, office supplies, photographic galleries,
post offices, pottery sales(no -mfg.) shoe stores, sporting goods,
secretarial answering service, tailor shops, ticket offices, convenience.
Now Reads stores of 2500 sq. ft. or less.
ARTICLE XI Section 3, Paragraph 3.1.6, Page 11-1
Churches and Schools
Amend by deleting the entire paragraph.
Now Reads
ARTICLE XI Section 3, Paragraph 3.1.10, Page 11-1
Nursing Homes, Homes for the Aged
Amend by deleting the entire paragraph..
Now Reads
ARTICLE XI Section 3, Paragraph 3.1.11, Page 11-1
Coin operated laundries
Amend by deleting the entire paragraph.
Now Reads
•
ARTICLE XI Section 3, Paragraph 3.1.12, Page 11-1
Shopping Centers
Amend by deleting the entire paragraph.
•
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PAGE 22-A
Now Reads
ARTICLE XI Section 3, Paragraph. 3.2.2, Page 11-2
Living uses only for watchmen and. caretakers
Amend by deleting the entire paragraph.
Now Reads
ARTICLE XI Section 3, Paragraph 3.2.3, Page 11-2
Accessory uses for motels & hotels
Amend by deleting the entire paragraph.
Now Reads
ARTICLE XI Section 3, Paragraph. 3.3.3, Page 11-2
Multiple family dwellings of less than five(5) units.
Amend by deleting the entire paragraph and substituting:
"Churches and Schools"
"Kindergardens & Child Care Centers"
New Paragraph
ARTICLE XI Section 3, Paragraph 3.3.8, Page 11-2
Nursing Homes, Homes for the Aged
Now Reads
ARTICLE XI Section 3, Paragraph 3.4.1, Page 11-2
Single Family dwellings
Amend by deleting the paragraph in its entirety and substituting the
following:
Any residential use unless expressly permitted.
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.1, Page 11-2
All automotive uses except service stations.
Amend by deleting the entire paragraph.
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.2, Page 11-2
Minimum lot area 7500 sq. ft.
. . Amend by changing 7500 to read 10,000.
11111i 411
PAGE 23
• Now Reads
• ARTICLE XI Section 3, Paragraph 3.5.2.2, Page 11-2
Minimum lot width 75 ft.
Amend by changing 75 to read 100
•
Now Reads •
ARTICLE XI Section 3, Paragraph 3.5.2.3, Page 11-2
Minimum front setback 25 ft.
Amend by changing 25 to read 50
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.2.4.1 , Page 11-2
Abutting another lot 10 ft.
Amend by deleting the paragraph in its entirety and substituting
the following:
Abutting another business lot ten(10)feet. Aubtting a residential
lot twenty(20) ft. with a screening wall six(6) in height on the
property line, except no screening wall shall he. so constructed or
grown as to impair the clear vision of vehicular traffic.
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.2.4.2, Page 11-2
Abutting a road 20 ft.
Amend by adding the following after the words twenty feet -
"with a screening wall six(6) feet in height on the property
line".
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.2.5.1, Page 11-2
Interior 5 ft. except that no side yard or setback shall be
required provided side walls are eight(8) inches thick masonary
construction, without openings, and extend above roof line as
required in the Building Code.
Amend by deleting the entire paragraph and substituting the
following: Interior 5 ft.
NEW PARAGRAPH
ARTICLE XI Section 3, Paragraph 3.5.2.5.3, Page 11-3
Abutting a residential lot 15 ft. with a screening wall six(6)
• ft. in height on the property line., except no screening wall shall be
soconstructed or grown as to lnpair the clear vision of vehicular
traffic.,
New Paragraph
ARTICLE XI, Section 3, Paragraph 3.5.2.4, Page 11-3
Except that the setback from U.S. 1 Right-of-Way shall be 50 ft.
regardless of which side of the buildings face U.S. 1 .
Now Reads
ARTICLE XI Section 3, Paragraph 3.5.2.7, Page 11-3
Maximum Building Height - None
Amend by changing None to read 55 ft.
S7i_ •
1111i
• • 24
•
Now Reads
ARTICLE XI Section 3, Paragraphs 3.5.3, 3.5.4, thru 3.5.5.11, Pages 11-3 & 11-4
3. 5.3 Service Stations. See Section 41, Article VII
• 3. 5.4 Shopping Centers. See Section 42, Article VII
3. 5. 5 All other uses :
3. 5. 5.1 Minimum Lot Area 5,000 sq. ft.
3. 5. 5.2 Minimum Lot Width 50 ft.
3. 5. 5.3 Minimum Lot Depth 100 ft.
3. 5. 5.4 Minimum Front Setback - 25 ft.
3. 5. 5. 5 Minimum Rear Setback:
3. 5. 5. 5.1 . Abutting Another Lot 10 ft.
3. 5. 5. 5.2 Abutting a Road 20 ft.
3. 5. 5.6 Minimum Side Yard:
3. 5. 5.6.1 Abutting a Road 20 ft.
3. 5. 5.6.2 Interior 5 -ft.
•
Except that no side yard or setback shall be required pro-
vided side walls are eight (8) inch thick masonry construction,
without openings , and extend above roof line as required in the
Building Code.
3. 5. 5. 6.3 Abutting a Residential 5 ft.
District
3. 5. 5.7 Accessory Buildings Same as principal bldg.
3. 5. 5.8 • Maximum Building Height None
3. 5. 5.9 Maximum Percent of Lot 507,
. Coverage
• 3. 5. 5.10 • Minimum setback from 10 ft.
any manmade waterway
.5.5.11 Minimum setback from high water mark of any natural
waterway 50 ft.
Except that marine oriented business may build up to bulkhead,
bulkhead lire, or apparent mean high water line.
Delete paragraphs in their entirety.
Now Reads
ARTICLE XI Section 4, BU-2 MEDIUM BUSINESS DISTRICT , Page 11-4
This district is intended to provide areas suitably situated for the
conduct of businesses engaged in the wholesaling, warehousing and
distribution of goods and commodities, serving the public traveling
on the highway, and for the sale, servicing and storage of boats and
accessories.
Amend by deleting the paragraph in its entirety, and substituting
the following:
This district is intended to provide areas suitably situated for centers
of commercial activity, area retail sales,. sale of fuels, mechanical
services, wholesaling, warehousing, and storage.
7,1
• 11111
PAGE 24-A
• '
Now Reads
ARTICLE XI Section 4, Paragraph 4.1.1, Page 11-4
Any use permitted in BU-1
Amend by adding the following;
except apartments in principal buildings.
NEW PARAGRAPH
ARTICLE XI Section 4, Paragraph 4.1.5A, Page 11-4
Coin operated laundries
Now Reads
ARTICLE XI Section 4, Paragraph 4.1.8, Page 11-4
Retail sales and services, provided that all merchandise shall
be stored and displayed within fully enclosed buildings.
Amend by deleting the entire paragraph.
Substitute the following:
Retail Sales including but not limited to auto paint shops, fertilizer
stores, glass installation, poultry markets, printing shops, charter
fishing, dive shops, propeller shops, welding (no fabrication) , pool
service, awning contractor, plumbing shops, electrical shops.
NEW PARAGRAPH
ARTICLE XI Section 4, Paragraph 4.3.5, Page 11-5
Retail and wholesale sales and services not expressly permitted.
Now Reads
ARTICLE XI Section 4, Paragraph 4.4.1, Page 11-5
Single Family dwellings
Amend to read any residential use.
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.1, Page 11-6
Wholesale and warehousing business, highway business.
Amend by deleting the entire paragraph.
L • 1110
g ;1
page 25
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.1.5, Page 11-6
Minimum rear setback 25 ft.
Amend by adding the following:
If abutting a residential lot or parcel a screening wall six(6)
ft. in height on the property line.
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.1.6, Page 11-6
Minimum side setback. . 25 ft.
Amend by adding the following - If abutting a residential lot or
parcel a screening wall six(6) ft. in height on the property line.
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.1.8
Maximum building height None
Amend by changing none to read 55 ft.
New Paragraph
ARTICLE XI, Section 4, Paragraph 4.5.1.12, Page 11-6
The setback from U.S. 1 Right-of-Way shall be 50 ft. regardless of which
side of the buildings faces U.S. 1 .
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.2.5 , Page 11-6
Minimum'rear setback 25 ft.
Amend by adding the following: If abutting a residential lot or
parcel a screening wall six(6) feet in height on the property line.
Now Reads
ARTICLE XI Section 4, Paragraph 4.5.2.6, Page 11-6
Minimum side setback 25 ft.
Amend by adding the following: If abutting a residential lot or
parcel a screening wall six(6-) in height on the property line.
Now Reads •
ARTICLE XI Section 4, Paragraph 4.5.2.8 ,Page 11-7
Maximum building height 35 ft.
Amend by changing 35 ft. to read 55 ft.
Now Reads
ARTICLE XI Section 5, Paragraphs 5.1, 5.1.1, 5.1.2, 5.1.3, 5.1.4, 5.2, 5.3
Amend by deleting all the paragraphs - and substituting the following:
• 1111F •
PAGE 2
ZONING DISTRICTS
Alcoholic beverage licenses may only be applied for in BU-1, BU-2, RU-5P,
RU-6, RU-7, PUD, and RU-3, RI1-4 with restrictions.
Now Reads
ARTICLE XI Section 6, Paragraph 6.2, Page 11-9
Accessory Use Permitted - Uses and structures which are customarily
and clearly incidental and subordinate to permitted principal use
and structures; provided that no residential facilities shall be
permitted in the district except for watchmen and caretakers whose
work required residence on the premises or for employees who will be
temporarily quartered on the premises.
Amend by deleting everything after the word "structures".
Now Reads
ARTICLE XI Section 6, Paragraph 6.4.1, Page 11-10
Residential uses except as provided in sub-section 6.2 above.
Amend to Read: Residential uses.
Now Reads
ARTICLE XI Section 6, Paragraph 6.4.2, Page 11-10
All uses not expressly permitted or granted upon approval of a
special use application.
Amend to read: All uses not expressly permitted or granted
by special approval.
Now Reads
ARTICLE XI Section 6, Paragraph 6.5.8, Page 11-10
Maximum Building Height 35 ft.
Amend by changing 35 to read 55.
Now Reads
ARTICLE XI Section 7, Paragraph 7.3.1, Page 11-11
Second Paragraph - In lieu of the above described masonry wall,
the 2,uilding and Zoning Department may approve planting evergreen
foliage in accordance with specifications approved and adopted by
the Zoning Board. Such planting shall be installed and evidence
shown of maintenance capability acceptable to the Building &
Zoning Department before a Certificate of Occupancy is issued for the
applicable property.
Amend by changing the word "Board" to read "Department" '
Now Reads
ARTICLE XI Section 7, Paragraph 7.3.2, Page 11-11
On any lot in a business zone which abuts a lot lying within a
residential zone, there shall be provided a minimum setback of five(5)
feet for the principal building and accessory buildings on the
property lines abutting properties existing within a residential zone.
•
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e 4...a '•r' p STATE OF FLORIDA
Si''�' THE CAPITOL
v4vTALLAHASSEE 32304
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f pop AD l03
BRUCE A. SMATI:ORS MARY L. SINGLETON
a SECRETARY OF STATE Director,Division of Elections
904/488-7690
February 6, 1978
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
x,ir -
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125. 66 Florida Statutes ,
this will acknowledge:
j/1. Receipt of your letter/s of January 31
• and certified copy/ies of Monroe
County Ordinance/s No. /s= 78-2
2. Receipt of an original/ls and certified copy/ies of
County Ordinance/s No. Is
3. Receipt of County Ordinance/s
relative to:
4. We have filed this/these Ordinance/s in this office
February 3, 1978.
5. We have numbered this /these Ordinance/s
and was/were filed in this office , 1978.
6. The original/duplicate copy/ies showing filing date is/are
being returned for your records.
Cordially,
7rG7'' (.%T /' ri-/ 7 "'-'--1-, 3->i
(Mrs. ) Nanc Kavanaugh
Y
1
Chief, Bureau of Laws
NK/mb
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