Ordinance 044-2013ORDINANCE 044 - 2013
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING SECTION 4 -76
OF THE MONROE COUNTY CODE; PROVIDNG
REGULATIONS RELATED TO THE KEEPING OF
HORSES AND OTHER LIVESTOCK IN MONROE
COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, this ordinance is intended to establish criteria and clarify where horses and
other livestock may be kept in unincorporated Monroe County; and
WHEREAS, prior to this ordinance, the Monroe County Code did not contain any
provisions directly related to the keeping of horses and livestock; and
WHEREAS, Section 4 -76 of the Monroe County Code currently implies that zoning
should allow livestock in an appropriately zoned areas; however, no such areas have been
established; and
WHEREAS, the Board considered an ordinance to be codified in the Land Development
Code relating to the keeping of horses at its regularly scheduled public hearing on July 17`
2013, which was tabled to August 21, 2013 for further review and coordination with staff; and
WHEREAS, the Board, at its regular meeting on August 21, 2013, took input from staff
and the public, which resulted in the previous ordinance being denied and this ordinance being
amended as directed by the Board; and
WHEREAS, based upon the issues and concerns raised at the August 21, 2013 meeting,
staff met with the interested parties on September 20, 2013 to ensure that all concerns raised are
addressed in the proposed ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
SECTION 1: Section 4 -76(a) shall be amended to read as follows:
(a) Zoning. No livestock, as defined in Section 4 -1, or barnyard animals such as chickens,
ducks or geese, shall be kept either penned or loose in any area unless permitted by the
county. Animals considered wild shall not be kept in any residential area in the county.
Horses kept for police purposes are exempt from the minimum land requirements of this
section.
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(1) Keeping of livestock. Excluding horses for personal use as allowed in
subsection (2), the keeping of livestock and agricultural/commercial uses
associated with the keeping of horses (i.e. stables and riding grounds) is
permissible only on a parcel of land that a) has an approved agriculture use and b)
is within a land use (zoning) district which permits agriculture and/or is within an
agricultural/aquacultural use overlay as set forth in section 130 -120 of the Monroe
County Land Development Code. The County's Code Compliance Department
will be responsible for enforcement of land zoning restrictions under this section,
but the County's animal control officers will otherwise be responsible for
enforcement relating to animal care.
(2) Keeping of a horse for personal use. For purposes of this section, a horse
is defined as a hoofed mammal categorized within the Species equus ferus
caballus. For purposes of this section contiguous land means upland that a horse
can walk or graze upon but it does not exclude the land upon which structures are
built.
(a) A horse may be kept on a parcel of land that contains one (1) acre or more
of contiguous upland, and a small horse not higher at the shoulder than 14
'/2 hands (55 in. /146 cm) may be kept on a parcel of land that contains a
half ('/2) acre or more of contiguous upland; if all of the following criteria
are met:
(i) The horse(s) shall be for personal use only. Under no circumstance
shall the horse(s) be kept for a primary on -site commercial
purpose, such as a commercial riding ground. Equine therapy and
education programs may be allowed as institutional uses where
such institutional uses are properly permitted; and
(ii) There shall be a lawful residential dwelling unit on the same parcel
of land upon which the horse(s) is kept; and
(iii) The areas in which the horse(s) is to roam shall be entirely
enclosed with a fence of at least four (4) feet in height.; and
(iv) The stable or other area in which the horse(s) is kept overnight
shall be located at least fifty (50) feet from any residential dwelling
unit, excluding the residential dwelling unit located on the parcel
where the horse(s) is kept.; and
(v) For parcels of land containing over one (1) acre of contiguous
upland, an additional horse may be kept for each additional half
('/2) acre of upland.
(b) Non - conformities; Nonconforming uses, which have been established
prior to the enactment of this ordinance, may continue unless the use is
discontinued or abandoned for six (6) consecutive months.
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SECTION 2: SEVERABILITY. If any portion of this ordinance is for any reason held
invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the
remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to
be inapplicable to any person, property or circumstances, such holding shall not affect its
applicability to any other person, property or circumstances.
SECTION 3: CONFLICT WITH OTHER ORDINANCES. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict.
SECTION 4: INCLUSION IN CODE OF ORDINANCES. The provisions of this
ordinance shall be included and incorporated in the Code of Ordinances of the County of
Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to
conform to the uniform numbering system of the Code.
SECTION 5: TRANSMITTAL AND EFFECTIVE DATE. This Ordinance shall be filed
with the Department of State and shall be effective as provided in section 125.66(2), Florida
Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16` day of October, 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner David Rice
Commissioner Sylvia Murphy
AMY HEAVILIN,
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Clerk Mayor /Chairperson
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MONROE COUNTY ATTORNEY
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APPROVED AS TO FORM:
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CHRISTINE M. LIMBERT- BARROWS
ASSISTANT COU ATTORNEY
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FLORIDA DEPARTMENT O STATE
RICK SCOTT
Governor
November 1, 2013
Honorable Amy Heavilin
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Vitia Fernandez, 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
electronic copy of Monroe County Ordinance No. 044 -2013, which was filed in this office on November 1,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC /elr
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270 • Facsimile: (850) 488 -9879
www.dos.state.fl.us