Ordinance 022-20131 ..
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6 ORDINANCE NOD22- 2013
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8 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
9 COUNTY COMMISSIONERS AMENDING THE MONROE
10 COUNTY CODE BY ESTABLISHING TWO
11 COMMERCIAL DISTRICTS; AMENDING SECTION 130 -2,
12 LAND USE DISTRICTS ESTABLISHED; CREATING
13 SECTION 130 -51, PURPOSE OF THE COMMERCIAL 1
14 DISTRICT (Cl); CREATING SECTION 130 -52, PURPOSE
15 OF THE COMMERCIAL 2 DISTRICT (C2); CREATING,
16 WITHIN ARTICLE III PERMITTED AND CONDITIONAL
17 USES, SECTION 130 -102, COMMERCIAL 1 DISTRICT (Cl)
18 AND SECTION 130 -103, COMMERCIAL 2 DISTRICT (C2);
19 AND AMENDING SECTION 130 -164, MAXIMUM
20 NONRESIDENTIAL LAND USE INTENSITIES AND
21 DISTRICT OPEN SPACE; PROVIDING FOR
22 SEVERABILITY; PROVIDING FOR REPEAL OF
23 CONFLICTING PROVISIONS; PROVIDING FOR
24 TRANSMITTAL TO THE STATE LAND PLANNING
25 AGENCY AND THE SECRETARY OF STATE;
26 PROVIDING FOR CODIFICATION; PROVIDING FOR AN
27 EFFECTIVE DATE.
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30 WHEREAS, the Monroe County Code does not currently include any exclusive
31 commercial land use districts; and
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33 WHEREAS, Florida Statutes and the County's 2010 Comprehensive Plan require the
34 maintenance of a hurricane evacuation 24 hour clearance time; and
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36 WHEREAS, the adopted Evaluation and Appraisal Report recommends the creation of a
37 commercial future land use category; and
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39 WHEREAS, when the Monroe County 2010 Comprehensive Plan and Future Land Use
40 Maps were adopted and determined to be in compliance with Florida Statutes in 1997 as well as
41 with the adoption of the official zoning maps in 1992, multiple properties with existing
42 commercial /office uses became nonconforming due to the adopted maps; and
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44 WHEREAS, the Livable CommuniKeys Plans include action items directing the County
45 to revise the FLUM and Land Use District Maps to resolve nonconformities; and
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I WHEREAS, the BOCC has adopted an amendment to the MC 2010 Comprehensive
2 Plan, creating Policy 101.4.20 discouraging private applications for future land use changes
3 which increase allowable density /intensity, implementing the Work Program Task from Rule 28-
4 20.140, F.A.C., and the direction from the Administration Commission within its 30 -Day Report;
5 and
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7 WHEREAS, the BOCC has adopted an amendment to the MC 2010 Comprehensive
8 Plan to establish a Commercial future land use map (FLUM) category, and revise the "Future
9 Land Use Densities and Intensities" table to include a Commercial (COMM) future land use
10 category, corresponding Commercial 1 and Commercial 2 zoning categories, and establish the
11 density and intensity standards; and
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13 WHEREAS, the proposed amendment is necessary to keep the Monroe County Code
14 consistent with the Comprehensive Plan by establishing the two commercial land use districts
15 under the new Commercial FLUM category; and
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17 WHEREAS, the Monroe County Development Review Committee considered the
18 proposed amendment at a regularly scheduled meeting held on the 18th day of December, 2012;
19 and
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21 WHEREAS, at a regularly scheduled meeting held on the 27th day of February, 2013,
22 the Monroe County Planning Commission held a public hearing to consider, review and receive
23 public comment for a proposed amendment to the Monroe County Code and recommended
24 approval of the amendment; and
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26 WHEREAS, at a regularly scheduled meeting held on the 17 day of April, 2013, the
27 BOCC held the first of two public hearings to consider, review and receive public comment for a
28 proposed amendment to the Monroe County Code; and
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30 WHEREAS, at a regularly scheduled meeting held on the 15 day of May, 2013, the
31 BOCC held the second of two public hearings to consider, review and receive public comment
32 for a proposed amendment to the Monroe County Code; and
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34 WHEREAS, the proposed amendment is consistent with the provisions and intent of the
35 Monroe County Comprehensive Plan; and
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37 WHEREAS, the proposed amendment is consistent with the provisions and intent of the
38 Monroe County Code; and
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40 WHEREAS, the proposed amendment is necessary due to new issues and recognition of
41 a need for additional detail or comprehensiveness as required by Section 102 -158 of the Monroe
42 County Code; and
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44 WHEREAS, the proposed amendment is consistent with the Principles for Guiding
45 Development for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
46 Statutes;
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Code is amended as follows:
Sec. 130 -2. - Land use districts established.
In order to carry out and implement the goals and objectives of the plan, the following land use
districts are hereby established:
(1) Urban commercial district (UC).
(2) Urban residential district (UR).
(3) Urban residential— mobile home district (URM).
(4) Urban residential mobile home — limited district (URM -L).
(5) Suburban commercial district (SC).
(6) Suburban residential district (SR).
(7) Suburban residential district (limited) (SR -L).
(8) Sparsely settled residential district (SS).
(9) Native area district (NA).
(10) Mainland native area (MN).
(11) Offshore island district (OS).
(12) Improved subdivision district (IS).
(13) Improved subdivision vacation rental district.
(14) Destination resort district (DR).
(15) Recreational vehicle district (RV).
(16) Commercial fishing area district (CFA).
(17) Commercial fishing village district (CFV).
(18) Commercial fishing special districts (CFS).
(19) Mixed use district (MU).
(20) Industrial district (I).
(21) Maritime industries district (MI).
(22) Military facilities district (MF).
(23) Airport district (AD).
(24) Park and refuge district (PR).
(25) Conservation district (CD).
(26) Commercial 1 district (C 1).
(27) Commercial 2 district (C2).
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I Sec. 130 -51. - Purpose of the Commercial 1 district (Cl).
2 The purpose of the C 1 district is to establish areas for commercial retail, public, institutional and
3 office uses designed and intended primarily to serve the needs of immediately surrounding
4 residential areas. This district should be established at locations convenient and accessible to
5 residential uses to reduce trips on U.S. 1.
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7 Sec. 130 -52. - Purpose of the Commercial 2 district (C2).
8 The purpose of the C2 district is to designate appropriate areas for higher- intensity commercial
9 uses intended to serve the needs of a subarea with commercial retail sales and service, public,
10 institutional and office uses. This district should be established at discrete nodes along U.S. 1 and
11 designed to serve the needs of both residents and visitors.
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13 * ,�
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15 Sec. 130 -102. — Commercial 1 district (0).
16 (a) The following uses are permitted as of right in the Commercial 1 district:
17 (1) Commercial retail, low- and medium - intensity and office uses or any combination thereof of
18 less than 2,500 square feet of floor area;
19 (2) Commercial recreational uses (indoor and outdoor);
20 (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
21 (4) Public buildings and uses;
22 (5) Accessory uses;
23 (6) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
24 (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4);
25 (8) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
26 (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146 -5(5);
27 (10) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6);
28
29 (b) The following uses are permitted as minor conditional uses in the Commercial 1 district,
30 subject to the standards and procedures set forth in chapter 110, article III:
31 (1) Commercial retail, low- and medium - intensity and office uses or any combination thereof of
32 greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is
33 by way of:
34 a. An existing curb cut;
35 b. A signalized intersection; or
36 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
37 least 400 feet;
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1 (2) Commercial retail uses of high intensity of less than 2,500 square feet in floor area; provided
2 that access to U.S. 1 is by way of-
3 a. An existing curb cut;
4 b. A signalized intersection; or
5 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
6 least 400 feet;
7 (3) Parks and community parks; and
8 (4) Light industrial uses, provided that:
9 a. The parcel proposed for development does not have an area of greater than two acres;
10 b. The parcel proposed for development is separated from any established residential use
11 by at least a class C bufferyard; and
12 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
13 hedge at least six feet in height;
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15 (c) The following uses are permitted as major conditional uses in the Commercial 1 district
16 subject to the standards and procedures set forth in chapter 110, article III:
17 (1) Commercial retail of low- and medium - intensity and office uses or any combination thereof
18 greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of:
19 a. An existing curb cut;
20 b. A signalized intersection; or
21 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
22 least 400 feet;
23 (2) Commercial retail uses of high intensity greater than 2,500 square feet in floor area, provided
24 that access to U.S. 1 is by way of:
25 a. An existing curb cut;
26 b. A signalized intersection; or
27 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
28 least 400 feet;
29 (3) New antenna- supporting structures, pursuant to section 146 -5(1); and
30 (4) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter;
31
32 Sec. 130 -103. — Commercial 2 district (C2).
33 (a) The following uses are permitted as of right in the Commercial 2 district:
34 (1) Commercial retail of low- and medium- intensity and office uses or any combination thereof
35 of less than 10,000 square feet of floor area;
36 (2) Commercial retail uses of high intensity of less than 5,000 square feet of floor area;
37 (3) Commercial recreational uses (indoor and outdoor);
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1 (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
2 (5) Public buildings and uses;
3 (6) Accessory uses;
4 (7) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
5 (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4);
6 (9) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
7 (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146 -5(5);
8 and
9 (11) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
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11 (b) The following uses are permitted as minor conditional uses in the Commercial 2 district,
12 subject to the standards and procedures set forth in chapter 110, article III:
13 (1) Commercial retail of low- and medium- intensity and office uses or any combination thereof
14 of greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S.
15 1 is by way of.
16 a. An existing curb cut;
17 b. A signalized intersection; or
18 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
19 least 400 feet;
20 (2) Commercial retail uses of high intensity of greater than 5,000 but less than 30,000 square feet
21 of floor area, provided that access to U.S. 1 is by way of:
22 a. An existing curb cut;
23 b. A signalized intersection; or
24 c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
25 least 400 feet;
26 (3) Parks and community parks; and
27 (4) Light industrial uses, provided that:
28 a. The parcel proposed for development does not have an area of greater than two acres;
29 b. The parcel proposed for development is separated from any established residential use
30 by at least a class C bufferyard; and
31 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
32 hedge at least six feet in height;
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34 (c) The following uses are permitted as major conditional uses in the Commercial 2 district,
35 subject to the standards and procedures set forth in chapter 110, article III:
36 (1) Commercial retail of low- and medium- intensity and office uses, or any combination thereof,
37 of greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of:
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I a. An existing curb cut;
2 b. A signalized intersection; or
3 c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
4 least 400 feet;
5 (2) Commercial retail uses of high intensity of greater than 30,000 square feet in floor area,
6 provided that access to U.S. 1 is by way of-
7 a. An existing curb cut;
8 b. A signalized intersection; or
9 c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
10 least 400 feet;
11 (3) Amusement or sea life parks and drive -in theaters, provided that:
12 a. The parcel of land has an area of at least two acres;
13 b. The parcel is separated from residential districts IS, SR, SR -L, SS, UR, URM, URM -L
14 or established residential uses by at least a class E buffer; and
15 c. Access to U.S. 1 is by way of:
16 1. An existing curb cut;
17 2. A signalized intersection; or
18 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1
19 by at least 400 feet;
20 (4) Marinas, provided that:
21 a. The parcel proposed for development has access to water of at least four feet below
22 mean sea level at mean low tide;
23 b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
24 products;
25 c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
26 hedge at least six feet in height;
27 d. Any commercial fishing activities are limited to the landing of catch, mooring and
28 docking of boats and storage of traps and other fishing equipment; and
29 e. Each nonwaterside perimeter setback of the parcel proposed for development must
30 have a class C bufferyard within a side yard setback of ten feet;
31 (5) Heliports or seaplane ports, provided that:
32 a. The heliport is associated with a governmental services facility, a law enforcement
33 element or a medical services facility;
34 b. The heliport or seaplane port is a Federal Aviation Administration certified landing
35 facility;
36 c. The landing and departure approaches do not pass over established residential uses or
37 known bird rookeries;
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I d. If there are established uses within 500 feet of the parcel proposed for development,
2 the hours of operation shall be limited to daylight; and
3 e. The use is fenced or otherwise secured from any entry by unauthorized persons;
4 (6) New antenna- supporting structures, pursuant to section 146 -5(1); and
5 (7) Land use overlays A, E, PF, subject to the provisions of article IV of this chapter.
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9 Sec. 130 -164. - Maximum nonresidential land use intensities and district open space.
10 Maximum nonresidential land use intensities and district open space shall be in accordance with
11 the following table:
Land Use District
Maximum
Floor Area Ratio
O.S.R.
Urban commercial:
Commercial retail:
Low intensity
0.45
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreation
0.15
0.20
Institutional
0.40
0.20
Outdoor recreational
0.15
0.20
Public buildings
0.35
0.20
Urban residential:
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Urban residential mobile home:
Commercial retail:
Low intensity
* *
0.20
Medium intensity
* *
0.20
Offices
* *
0.20
Commercial 1:
Commercial retail:
Low intensity
0.35
0.20
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Medium intensity 0.25 In ')n
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High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.15
0.20
Institutional
0.30
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
0.20
Commercial 2:
Commercial retail:
Low intensity
0.50
0.20
Medium intensity
0.40
0.20
High intensity
0.35
0.20
Offices
0.45
0.20
Commercial recreational
0.25
0.20
Institutional
0.40
0.20
Public buildings and uses
0.35
0.20
Light industry
0.40
0.20
Suburban commercial:
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Light industry
0.30
0.20
Suburban residential:
Commercial retail:
Low intensity
* *
0.50
Medium intensity
**
0.50
Offices
* *
0.50
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Public buildings and uses 0.25 0.50
Institutional 0.25 0.50
Sparsely settled:
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Public buildings and uses
0.20
0.20
Native area:
Public buildings and uses
0.20
0.20
Mainland native area:
Educational /research centers
0.30
0.20
Improved subdivision:
Commercial retail:
Low intensity
0.25**
0.20
Medium intensity
0.20 **
0.20
Offices
0.25 **
0.20
Destination resort:
Commercial retail
* *
0.20
Institutional
0.30
0.20
Recreational vehicle:
Commercial retail
**
0.20
Commercial fishing area:
Commercial fishing
0.40
0.20
Light industry
0.40
0.20
Commercial retail:
Low intensity
0.40
0.20
Medium intensity
0.40
0.20
Commercial fishing village:
Commercial fishing
0.40
0.20
Commercial fishing special districts (all):
Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Mixed use:
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Commercial retail:
Low intensity
0.35
0.20
Medium intensity
0.25
0.20
High intensity
0.15
0.20
Offices
0.40
0.20
Commercial recreational
0.10
0.20
Institutional
0.30
0.20
Outdoor recreational
0.10
0.20
Public buildings and uses
0.30
0.20
Commercial fishing
0.40
0.20
Light industry
0.30
0.20
Industrial:
Light industry
0.40
0.20
Heavy industry
0.25
0.20
Public buildings and uses
0.40
0.20
Restaurants
0.30
0.20
Offices
0.40
0.20
Commercial fishing
0.40
0.20
Maritime industrial:
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
High intensity
0.40
0.20
Offices
0.50
0.20
Public buildings and uses
0.60
0.20
Commercial fishing
0.45
0.20
Light industry 10.35
0.20
Heavy industry:
Military facilities:
Military uses
0.50
0.20
Commercial retail:
Low intensity
0.30
0.20
Medium intensity
0.30
0.20
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Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree shall be
rendered.
Section 3. Conflicting Provisions In the case of direct conflict between any provision of this
ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
or regulation, the more restrictive shall apply.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice is issued by the Florida State Land Planning
Agency or Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
marking system of the Code.
Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
above. This ordinance applies to any permit, and or other development approval application
submitted after the effective date.
(The remainder of this page left intentionally blank.)
Page 12 of 13
Offices
0.40
0.20
Public buildings and uses
0.30
0.20
Airport:
Airport u ses
0.10
0.20
Parks and refuge:
Public buildings and uses
0.20
0.90
* See additional open space ratio in this article: in accordance with section 118 -12, the most
restrictive of these ratios applies.
* *Where commercial uses are allowed as permitted uses, and no FAR is given, the maximum per
lot stated in article III of this chapter shall prevail.
Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence, or
provision immediately involved in the controversy in which such judgment or decree shall be
rendered.
Section 3. Conflicting Provisions In the case of direct conflict between any provision of this
ordinance and a portion or provision of any appropriate federal, state, or County law, rule code
or regulation, the more restrictive shall apply.
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of
Florida but shall not become effective until a notice is issued by the Florida State Land Planning
Agency or Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an
addition to amendment thereto, and shall be appropriately renumbered to conform to the uniform
marking system of the Code.
Section 7. Effective Date. This ordinance shall become effective as provided by law and stated
above. This ordinance applies to any permit, and or other development approval application
submitted after the effective date.
(The remainder of this page left intentionally blank.)
Page 12 of 13
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 15th day of May , 2013.
Mayor George Neugent Yes
Mayor pro tem Heather Carruthers Yes
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: AMY HEAVILIN, CLERK
By C Lk�-
Deputy Clerk
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Mayor George Neugent
MONROE COUN ATTORNEY
APP VED TO FORM
Page 13 of 13
AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT 8 COMPTROLLER
MoxnOE couxrr, FLORIDA
May 24, 2013
Ms. Liz Cloud, Program Administrator
Administrative Code & Weekly
R.A. Gray Building
500 S Bronough Street
Tallahassee FL 32399 -0250
Via Certified Mail 70121010 0003 4990 5194
Dear Ms. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 022-20113 by the Monroe County Board of County Commissioners
amending the Monroe County Code by establishing 2 Commercial Districts; amending Section
130 -2, Land Use Districts Established; creating Section 130 -51, Purpose of the Commercial 1
District (Cl); creating Section 130 -52, Purpose of the Commercial 2 District (C2); creating,
within Article III Permitted and Conditional uses, Section 130 -102, Commercial 1 District (Cl),
and Section 130 -103, Commercial 2 District (C2); and amending Section 130 -164, Maximum
Nonresidential Land Use Intensities and District Open Space.
Ordinance No. 023 -2013 by the Monroe County Board of County Commissioners
amending the Monroe County Code to include the Commercial 1 (Cl) and Commercial 2 (C2)
land use districts within the following sections: Section 114 -20 Fences; Section 114 -99 Required
Landscaping; Section 114 -126 District Boundary Buffers; Section 114 -127 Required Scenic
Corridor and Major Street Buffers; Section 130 -186 Minimum Yards; Section 142 -4 Signs
Requiring a Permit and Specific Standards; Chapter 146, entitled "Wireless Communications
Facilities," Section 146 -3 Applicability, Section 146 -4 Uses by Land Use District, and Section
146 -5 Development Standards; Referencing C 1 and C2 land use districts where appropriate.
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting, held in formal session, on May 15, 2013. Please file for the record. Should
you have any questions please feel free to contact me at (305) 295 -3130.
500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
Respectfully submitted,
Amy Heavilin, CPA,
Clerk of the Circuit Court
and ex officio Clerkof the
Board of County Commissioners
by: Pamela G. Hancock, D. C.
cc: County Attorney via e -mail
Growth Management via e-mail & courier
File
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• Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the maiipiece,
or on the front if space permits.
1. Article Addressed to:
Program Administrator
Administrative Code and Weekly
R.A. Gray Building
500 South Bronough Street
' - iIlahassee, Florida 32399 -0250
v 22• £ 23
2. Article Number --
(rmsfer from service tabeq ?012 12
PS Form 3811, February 2004 Domestic
A. Signature
❑ Agent
X ❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
JUN 0 5 2 013
D. Is delivery address different from item 17 ❑ Yes
If YES, enter delivery address below: ❑ No
3. S Ice Type
ECertified Mail ❑ Express Mail
❑ Registiffled ❑ Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
10 0003 4992 5194
Return Receipt 102595- 02'M'1540
FLORIDA DEPARTMENT 0 STATE
RICK SCOTT
Governor
June 5, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Ms. Heavilin:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter
dated May 24, 2013 and certified copies of Monroe County Ordinance No. 022 -2013 and 023 -2013, which
were filed in this office on June 5, 2013.
Sincerely,
Liz Cloud
Program Administrator
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R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.tl.us
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FINAL ORDER NO. DEO -13 -065
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY FLORIDA '—
ORDINANCE NO. 022 -2013 — C)
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FINAL ORDER °
APPROVING MONROE COUNTY ORDINANCE NO. 022 -2
The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to §§ 380.05(6) and 380.0552(9), Fla. Stat. (2012), approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 022 -2013 (the "Ordinance ").
FINDINGS OF FACT
1. The Florida Keys Area is designated by § 380.0552, Fla. Stat., as an area of
critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on May 15, 2013, and rendered to
the Department on June 4, 2013.
3. The Ordinance amends the Monroe County Code to create two new commercial
land use districts, the Commercial 1 district (CI) and the Commercial 2 district (C2), to
implement a recent comprehensive plan amendment establishing a Commercial (COMM) future
land use category. The Ordinance establishes the purposes of the new commercial districts, the
allowed uses, land use intensities, and district open space.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. §§ 380.05(6) and (11)
and § 380.0552(9), Fla. Stat.
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FINAL ORDER NO. DEO -13 -065
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
6. All land development regulations enacted, amended, or rescinded within an area
of critical state concern must be consistent with the principles for guiding development for that
area. §§ 380.05(6) and 380.0552(9), Fla. Stat. The Principles for Guiding Development for the
Florida Keys Area of Critical State Concern are set forth in § 380.0552(7), Fla. Stat.
7. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically furthers the following Principle in § 380.0552(7), Fla. Stat.:
(a) Strengthening local government capabilities for managing land
use and development so that local government is able to achieve
these objectives without the continuation of the area of critical
state concern designation.
(d) Ensuring the maximum well -being of the Florida Keys and its
citizens through sound economic development.
8. The Ordinance is consistent with the Monroe County Comprehensive Plan, in
particular Future Land Use Element Objective 101.3, Policy 101.3.5, and Objective 101.4.
WHEREFORE, IT IS ORDERED that Monroe County Ordinance No. 022 -2013 is found
to be consistent with the Principles for Guiding Development of the Florida Keys Area of
Critical State Concern and is hereby APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
Register unless a petition is timely filed as described in the Notice of Administrative Rights
197-4 'N
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FINAL ORDER NO. DEO -13 -065
DONE AND ORDERED in Tallahassee, Leon County, Florida.
W 6 '
William B. Kit ingsworth, Director
Division of Co munity Development
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS
ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING
PURSUANT TO SECTION 120.569, FLORIDA STATUTES, REGARDING THE AGENCY'S
ACTION. DEPENDING UPON WHETHER YOU ALLEGE ANY DISPUTED ISSUE OF
MATERIAL FACT IN YOUR PETITION REQUESTING AN ADMINISTRATIVE
PROCEEDING, YOU ARE ENTITLED TO EITHER AN INFORMAL PROCEEDING OR A
FORMAL HEARING.
IF YOUR PETITION FOR HEARING DOES NOT ALLEGE ANY DISPUTED
ISSUE OF MATERIAL FACT CONTAINED IN THE DEPARTMENT'S ACTION, THEN
THE ADMINISTRATIVE PROCEEDING WILL BE AN INFORMAL ONE, CONDUCTED
PURSUANT TO SECTIONS 120.569 AND 120.57(2) FLORIDA STATUTES, AND
CHAPTER 28 -106, PARTS I AND 1II, FLORIDA ADMINISTRATIVE CODE. IN AN
INFORMAL ADMINISTRATIVE PROCEEDING, YOU MAY BE REPRESENTED BY
COUNSEL OR BY A QUALIFIED REPRESENTATIVE, AND YOU MAY PRESENT
WRITTEN OR ORAL EVIDENCE IN OPPOSITION TO THE DEPARTMENT'S ACTION OR
REFUSAL TO ACT; OR YOU MAY EXERCISE THE OPTION TO PRESENT A WRITTEN
STATEMENT CHALLENGING THE GROUNDS UPON WHICH THE DEPARTMENT HAS
CHOSEN TO JUSTIFY ITS ACTION OR INACTION.
IF YOU DISPUTE ANY ISSUE OF MATERIAL FACT STATED IN THE AGENCY
ACTION, THEN YOU MAY FILE A PETITION REQUESTING A FORMAL
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE OF THE
DIVISION OF ADMINISTRATIVE HEARINGS, PURSUANT TO SECTIONS 120.569 AND
120.57(1), FLORIDA STATUTES, AND CHAPTER 28 -106, PARTS I AND II, FLORIDA
ADMINISTRATIVE CODE. AT A FORMAL ADMINISTRATIVE HEARING, YOU MAY
BE REPRESENTED BY COUNSEL OR OTHER QUALIFIED REPRESENTATIVE, AND
YOU WILL HAVE THE OPPORTUNITY TO PRESENT EVIDENCE AND ARGUMENT ON
ALL THE ISSUES INVOLVED, CONDUCT CROSS - EXAMINATION AND SUBMIT
REBUTTAL EVIDENCE, SUBMIT PROPOSED FINDINGS OF FACT AND ORDERS, AND
FILE EXCEPTIONS TO ANY RECOMMENDED ORDER.
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FINAL ORDER NO. DEO -13 -065
IF YOU DESIRE EITHER AN INFORMAL PROCEEDING OR A FORMAL
HEARING, YOU MUST FILE WITH THE AGENCY CLERK OF THE DEPARTMENT OF
ECONOMIC OPPORTUNITY A WRITTEN PLEADING ENTITLED, "PETITION FOR
ADMINISTRATIVE PROCEEDINGS" WITHIN 21 CALENDAR DAYS OF PUBLICATION
OF THIS NOTICE. A PETITION IS FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON STREET, MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
Telephone: 850- 245 -7150
Fax Number 850- 921 -3230
Email: Miriam.Snipes @deo.myflorida.com
THE PETITION MUST MEET THE FILING REQUIREMENTS IN RULE 28-
106.104(2), FLORIDA ADMINISTRATIVE CODE. IF AN INFORMAL PROCEEDING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.301, FLORIDA ADMINISTRATIVE CODE. IF A FORMAL HEARING IS
REQUESTED, THEN THE PETITION SHALL BE SUBMITTED IN ACCORDANCE WITH
RULE 28- 106.201(2), FLORIDA ADMINISTRATIVE CODE.
A PERSON WHO HAS FILED A PETITION MAY REQUEST MEDIATION. A
REQUEST FOR MEDIATION MUST INCLUDE THE INFORMATION REQUIRED BY
RULE 28- 106.402, FLORIDA ADMINISTRATIVE CODE. CHOOSING MEDIATION DOES
NOT AFFECT THE RIGHT TO AN ADMINISTRATIVE HEARING.
YOU WAIVE THE RIGHT TO AN INFORMAL ADMINISTRATIVE
PROCEEDING OR A FORMAL HEARING IF YOU DO NOT FILE A PETITION WITH THE
AGENCY CLERK WITHIN 21 DAYS OF PUBLICATION OF THIS FINAL ORDER.
rd
FINAL ORDER NO. DEO -13 -065
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with
the undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below by the methods indicated this day of June, 2013.
Miriam Snipes, Agency Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
Telephone: 850- 717 -8531
By U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
500 Whitehead Street
Key West, FL 33040
Amy Heavilin
Clerk to the Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
Christine Hurley, Director
Monroe County Growth Management Division
2798 Overseas Highway, Suite 400
Marathon, FL 33050
By Hand Delivery or Interagency Mail
Rebecca Jetton, ACSC Administrator, DEO Tallahassee
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