Resolution 127-1998
RESOLUTION NO. ~-1998
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
TRANSMIT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS PROPOSED AMENDMENTS TO THE
MONROE COUNTY YEAR 2010 COMPREHENSIVE PLAN AS
FOLLOWS: AMENDMENTS TO POLICIES 202.8.2, 203.1.3,
203.2.1, 203.2.2, 204.2.1, 204.2.2, 204.2.3, 204.2.6, 212.2.3, 212.5.5,
AND 212.5.6, WHICH ARE RELATED TO THE CONSTRUCTION
OF DOCKS, THE LOCATION OF MOORING SITES, DREDGING,
THE PLACEMENT OF STRUCTURES IN WETLANDS,
SHORELINE STABILIZATION PROJECTS, BEACH
RENOURISHMENT, AND DEVELOPMENT WITHIN WETLAND
AND SHORELINE SETBACKS. THE PROPOSED CHANGES
WOULD ALLOW SOME RELAXATION OF THE RESTRICTIONS
CONTAINED IN THE EXISTING POLICIES WHILE
MAINTAINING OR INCREASING THE PROTECTION OF
NA TURAL RESOURCES.
WHEREAS, the above referenced Monroe County Year 2010
Comprehensive Plan Policies tend to unnecessarily restrict the design and
construction of docks and similar structures without yielding any clear
environmental benefit; and
WHEREAS, the above referenced Policies are not sufficiently
comprehensive and lack the detail necessary to apply to the wide range of physical
and environmental conditions found throughout Monroe County; and
WHEREAS, at a regular meeting on December 16, 1997, the
Development Review Committee reviewed and recommended approval of the
proposed amendments; and
WHEREAS, during a regular meeting held on January 7, 1998, the
Monroe County Planning Commission, sitting as the local planning agency, aft~ U)
due notice and public participation in the public hearing process, conducted~ ~ Q)
public hearing and recommended approval the proposed amendments; and ~p~ ' ~'
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WHEREAS, the Monroe County Board of Commissioners has hel~~ Coo)
public hearing on this date to consider the transmittal of the proposed amendmeih:? ~
to the Florida Department of Community Affairs for review and comment; and ~:-t$: .z::-
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NOW THEREFORE, BE IT RESOLVED BY THE OF MONRbE c.n
COUNTY BOARD OF COMMISSIONERS THAT:
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Section 1. The Board of County Commissioners does hereby adopt the
recommendations of the Planning Commission as set forth in Resolution P 14-98 as
amended by the Board on March 11, 1998; and
Section 2. The Board of County Commissioners does hereby transmit the
proposed amendments, attached hereto as "Exhibit 1", as part of the second (2nd)
set of comprehensive plan amendments for 1998 to the Florida Department of
Community Affairs for review and comment in accordance with the requirements
of Chapter 163.3184, Florida Statutes; and
Section 3. The Monroe County staff is given the authority to prepare and
submit the required transmittal letter and supporting documents for the proposed
amendment in accordance with the requirements of 9J-l1.006 of the Florida
Administrative Code; and
Section 4. The Clerk of the Board is hereby directed to forward a certified
copy of this Resolution to the Director of Planning,
PASSED AND ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS of Monroe County, Florida, at a meeting of the Board held
on thJ- ~ tit day of March, 1998
Mayor London
Mayor Pro Tern Harvey
Commissioner Freeman
Commissioner Douglass
Commissioner Reich
~
no
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY, FLORIDA
~,.~
ATTEST: DANNY L. KOLHAGE, CLERK
BY
(SEAL)
By:JGIT"{L>~~~
a
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Exhibit 1 to BOCC Transmittal Resolution
ORDINANCE No.
AN ORDINANCE AMENDING THE MONROE COUNTY YEAR
2010 COMPREHENSIVE PLAN, POLICIES 202.82, 203.1.3, 203.2.1,
203.2.2, 204.2.1, 204.2.2, 204.2.3, 204.2.6, 212.2.3, 212.5.5, AND
212.5.6. REGARDING THE CONSTRUCTION OF DOCKS; THE
LOCATION OF MOORING SITES; DREDGING; THE
PLACEMENT OF STRUCTURES IN WETLANDS; SHORELINE
STABILIZATION PROJECTS; BEACH RENOURISHMENT; AND
DEVELOPMENT WITHIN WETLAND AND SHORELINE
SETBACKS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR INCORPORATION INTO THE
MONROE COUNTY CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the above referenced policies of the Monroe County Year
2010 Comprehensive Plan tend to unnecessarily restrict the design and
construction of docks and similar structures without yielding any clear
environmental benefit; and
WHEREAS, the above referenced policies are not sufficiently
comprehensive and lack the detail necessary to apply to the wide range of physical
and environmental conditions found throughout Monroe County; and
WHEREAS, at a regular meeting on Decemoer 16, 1997, the
Development Review Committee reviewed and recommended approval of the
proposed amendments; and
WHEREAS, at a regular meeting on January 7, 1998, the Monroe County
Planning Commission, sitting as the local planning agency, after due notice and
public participation in the public hearing process, conducted a public hearing and
recommended approval with changes of the proposed amendments; and
WHEREAS, the Board hereby adopts the findings of fact and conclusions
of law as provided by the Planning Commission in Resolution P 14-98 as its own;
and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
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Exhibit 1 to BOCC Transmittal Resolution
Section 1. Goal 202, Objective 202.8, Policy 202.8.2 of the Policy Document of
the Monroe County Year 2010 Comprehensive Plan is hereby amended to read as
follows:
(Deleted language is strickeR through while proposed language is underlined.)
(Language added on advice of counsel, subsequent to Resolution No. PI4-98, is in
italics,)
Policy 202.8.2
No new dredging shall be permitted in Monroe County except for the minimum
amount necessary to construct boat ramps in compliance with Policy 212.2..3. as
amended below.
Section 2. Goal 203, Objective 203.1, Policy 203.1.3 of the Policy Document of
the Monroe County Year 2010 Comprehensive Plan is hereby amended to read as
follows:
Policy 203.1.3
Monroe County shall require minimum vegetated setbacks of fifty (50) feet to be
maintained as an open space buffer for development occurring adjacent to all types
of wetlands including mangroves except as provided for in Policy 204.2.2 and
204.2.3. If a 50-foot setback results in less than 2,000 square feet of buildable
area, then the setbacks may be reduced te klLthe minimum necessary to allow for
2,000 square feet of buildable area; howe"er, ia ao e'leRt provided that the setback
shall not be reduced to the setbaek be less than 20 feet. The wetland setback may
be reduced to twenty-five (25) feet. without regard to buildable area. if the entire
setback area is planted in native vegetation pursuant to a plan approved by the
Director of Environmental Resources. "Development" shall include all activities as
currently defined in the F.S. 380.05-compliant Land.Development Regulations,
hereby incorporated by reference.
Section 3. Goal 203, Objective 203.2, Policies 203.2.1 and 203.2.2 of the Policy
Document of the_Monroe County Year 2010 Comprehensive Plan are hereby
amended to read as follows:
Policy 203.2.1
Upon adoption of the Comprehensive Plan, Monroe County shall prohibit the
location of mooring sites over submerged land which is vegetated with seagrasses
or characterized by a hard-bottom community, regardless of water depth unless
the water depth at the mooring site is at least five feet at mean low water (ML W).
This prohibition shall also apply to mooring fields.
Policy of 203 .2.2
Upon adoption of the Comprehensive Plan, Monroe County shall prohibit the
termination of docking facilities and piers over submerged land which is vegetated
with seagrasses or characterized by a hard-bottom community, regardless of ',.-..rater
6eJ*ft unless the water depth at the terminal platform is at least five feet at MLW.
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Exhibit 1 to BOCC Transmittal Resolution
Design criteria to permit sunlight to reach the bottom shall be adopted. No boat
shelters or gazebos shall extend over submerged lands vegetated with seagrasses
or over hardbottom communities
Section 4. Goal 204, Objective 204.2, Policies 204.2.1, 204.2.2, 204.2.3, and
204.2.6 of the Monroe County Year 2010 Comprehensive Plan are hereby
amended to read as follows:
Policy 204.2.1
Upon adoption of the Comprehensive Plan, the County shall utilize the
Environmental Standards, found in Section 9.5-336 through 9.5-342 of the Land
Development Regulations (hereby incorporated by reference) to protect
submerged lands and wetlands. Accordingly, the open space requirement shall be
one hundred (100) percent of the following types of wetlands:
1. submerged lands~
2. mangroves~
3. salt ponds~
4. freshwater wetlands~ and
5. freshwater ponds: and
6. undisturbed saltmarsh and buttonwood wetlands.
Up OR adoptioR of the eompreheRsive pIaR the CouRty sAaR mrther I3rote& its
wetlaRds by requiriBg a ORe AuRared (100) pereeRt OpeR spaee requiremcRt for
uadisturbed saltmarsh aRd b\:1ttoHwood wetlaRds aRd by reqairiag a 50 foot buffer
aroood freshwater reSOlKees.
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands
and undisturbed saltmarsh and buttonwood wetland only for use as transferable
development rights away from these habitats. Submerged lands, salt ponds,
freshwater ponds and mangroves shall not be assigned any density or intensity.
Policy 204.2.2
No fill shall be pel'l'Ditted iR submerged laRds, Ri8:ftgt"oves, salt 130ooS, aRd
fresh,.-vater wetlaRds. No structures shall be permitted in submerged lands,
mangroves,' salt ponds, aHd freshwater or wetlands, except for elevated, pile
supported walkways, docks, piers, and utility pilings. No fill shall be permitted in
submerged lands, mangroves, salt ponds, and freshwater or wetlands except:
1. as specifically allowed by Ob1ective 212.6 and subsequent Policies.
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Exhibit 1 to DOCC Transmittal Resolution
2. to fill a manmade. excavated water body such as a canal or swimming
pool if the Director of Environmental Resources determines that such
filling will not have a significant adverse impact on marine or wetland
communities. or
3, as needed for shoreline stabilization or beach renourishrnent proiects
with a valid public purpose that furthers the goals of the Monroe County
Comprehensive Plan. as determined by the Directors of Planning and
Environmental Resources. All such projects shall require approval by the
Florida Department of Environmental Protection and the US. Army Corps
of Engineers prior to the issuance of a County building permit.
Policy 204.2.3
No fill or structures shall be permitted in mangroves or wetlands uadisturbed salt
marsh aad buttonwood wetlaflds other than the following except as allowed by
Policy 204.2.2 (as amended) and for bridges extending over mangroves or
wetlands that are required to provide automobile or pedestrian access to dwelling
units located on upland areas within the same property for which there is no
alternate means of access. Such bridges shall be elevated on pilings such that the
natural movement of water. including volume. rate and direction of flow shall not
be disrupted or altered. Upland areas shall include disturbed wetlands that have
been lawfully converted into uplands through filling
1. utility pili8gs;
2. piliBgs for elevated walkways a8d doeks; &Ad
3. aeees!Jways to struetures, loeated 08 upland or distl:lrbed saltmarsh 8.:Bd
butt08wooa wetl8.:Bds and i8eluded '.vitm8 the same property, for wmeh
there is 80 alternate me8.:BS of access; sucll access shall be by elevated
strueture that is deslg8ed and e08struetea such that the 8atural moyement
of water, ineluding 'lolume, rate aad direeti08 of flow', shaH 80t be
subst8.:Btiall-y diSl1:lpted or altered.
Policy 204.2.6
Upon adoption of the Comprehensive Plan, Monroe County shall adopt revised
environmental standards and environmental design criteria which establish
minimum vegetated setbacks of fifty (50) feet to be maintained as an open space
buffer for development occurring adjacent to all types of wetlands including
mangroves except as provided for in Policy 204.2,2 and 204.2.3. If a 50-foot
setback results in less than 2,000 square feet of buildable area, then the setbacks
may be reduced to the minimum necessary to allow for 2,000 square feet of
buildable area; ho',vever, i8 80 event provided that the setback shall not be reduced
to the setbaek be less than 20 feet. The wetland setback may be reduced to
twenty-five (25) feet. without regard to buildable area. if the entire setback area is
planted in native vegetation pursuant to a plan approved by the Director of
Environmental Resources. "Development" shall include all activities as currently
defined in the F.S. 380.05-compliant Land Development Regulations, hereby
incorporated by reference.
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Exhibit 1 to BOCC Transmittal Resolution
Section 5. Goal 212, Objective 212.2, Policy 212.2.3 of the Monroe County Year
2010 Comprehensive Plan is hereby amended to read as follows:
Poliey 212.2.3
Permitted uses afld perf-omumce stwuiards ...lithin the shorelifle setback shall be
revised in coordination witk DC:'., to establish the follo'lRng:
1. structures within shoreline setbacks and submerged lancls skall be limited to
docks, piers, clecks, walkv;ays ancl utility pilings &Bcl all struetures shall be
elevated;
2. oAly designs perpendieular to the shoreline should be allowed eKeept where
suek struetures '<voulcl preclude lawful navigation of the ....,aten...ay;
3. walkways &Bd aecessways skaU not eKceed five f'€let in '.vidtk;
1. where perpendicular designs are not feasible, a parallel structure may be
permitted provided that tke structure:
a) does not eKeeecl 20 feet in lengtk,
b) does not exceed the feet in widtk, &Bd
e) is confined to an existing cleared area aloftg the shoreline whenever
possible; and
5. an additional 100 square feet of the shoreline setback may be utilized for
ele':ated deeks or gazebos pro'li:ded that the structure is set baek at least ten feet
from mean high water, no land clearing is in'/olved, and drainage is adeq\:1ately
addressed.
This poliey is not mtencled to prohibit hardefied vertical sftorelifie structures as
permitted in Poliey 212.6.3.
Policy 212.2.3
Permitted uses and performance standards within the shoreline setback shall be as
follow:
All development shall be set back twenty (20) feet along lawfully altered shorelines
and fifty (50) feet from unaltered and unlawfully altered shorelines. as measured
from the mean high water (MHW) line or the landward extent of the mangroves.
whichever is further landward. For manmade canals. the twenty (20) foot setback
shall be measured from MHW. An exception to this requirement shall be allowed
only for utility pilings. fences. boat ramps. non enclosed decks and gazebos.
seawalls. retaining walls less than three (3) feet in height. pools and spas. boat
shelters. docks. boat davits. walkways. permanent barbecues. fish cleaning tables or
picnic tables. and seating structures. subiect to the restrictions contained in this
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Policy. All development including structures exempted above. within the shoreline I
setback area shall comply with the following design criteria:
1. All structures shall be designed such that stormwater and pollutant
runoff is contained on site. consistent with the stormwater management
standards of this chapter. Pools. spas. fish cleaning tables. and similar
pollutant sources may not discharge directly into surface waters. Where no
runoff control structures are present. berms and vegetation shall be used to
control runoff Native vegetation shall not be removed to install berms or
runoff control structures.
2. Structures in the shoreline setback must be located such that the open
space ratios for the entire parcel and all scenic corridors and bufferyards are
maintained. In no event shall the total. combined area of all structures
occupy more than sixty (60) percent of the upland area of the shoreline
setback.
3 The non-enclosed gazebos allowed under this policy must be detached
from any principle structure on the parcel. No decks or habitable spaces
may be constructed on the roof of any non-enclosed gazebo in the shoreline
setback.
4. Structures shall be located in existing cleared areas before encroaching
into native vegetation. The remaining upland area of the shoreline setback
shall be maintained as native vegetation or landscaped areas that allow the
infiltration of stormwater runoff
5. Structures should be made of permeable materials. whenever practical. to
allow the infiltration of stormwater runoff
6. Side yard setbacks must be maintained for all structures in the shoreline
setback except for docks. sea walls. fences. retaining walls. and boat shelters
over existing boat ramps.
7. Shoreline structures shall be designed to protect tidal flushing and
circulation patterns. Any project that may produce changes in circulation
patterns shall be approved only after sufficient hydrographic information is
available to allow an accurate evaluation of the possible impacts of the
proiect. Previously existing manmade alterations shall be evaluated so as
to determine whether more hydrological benefits will accrue through their
removal as part of the proiect.
8. Docks:
a. All docks or docking facilities shall meet the minimum water depth
requirements of Policy 212.5.2.
b. All docks with boat lifts. davits or similar lifting mechanisms should
be provided with cleats. rings. or similar features that can be used to
tie down the boat when it is out of the water in order to stabilize the
boat during high winds.
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c. On upland shorelines landward of a seawall. revetment or vertical.
saw cut canal edge. a dock may run the entire length of the shoreline.
parallel to the water's edge. provided that:
(i) The dock is located entirely on. or extends from. the upland
shoreline and no walkway is needed to provide access to the
dock.
(ii) All portions of the dock that extend over submerged lands
are cantilever beam or pile supported. Portions extending over
water no shallower than four (4) feet at MLW may be
supported by floats.
(iii) No portion of the dock extends over mangroves or
wetlands.
(iv) The portion of the dock extending beyond MHW complies
with all requirements of Section 9.5-345 of the Land
Development Regulations. as amended.
(v) Docks serving commercial uses. public uses. or more than
three dwelling units shall not exceed ten (10) feet in width.
(vi) All other docks shall not exceed eight (8) feet in width.
(vii) Between boat davits. the width of any dock may be
expanded to thirteen (13) feet for a distance of thirty (30) feet
along the shoreline. One such expanded area shall be
allowed. between davits. for every lot or for every one
hundred (100) feet of shoreline length.
(viii) Non-enclosed gazebos extending beyond MHW on
docks shall not exceed one hundred (100) square feet in area.
The lowest portion of the roof of such gazebos shall be no
less than twelve (12) feet above MHW.
d. Any docks extending over mangroves or wetland vegetation must
comply with the standards contained in Section 9.5-345 of the Land
Development Regulations. as amended.
9. Boat Ramps:
a. All boat ramps shall be located and designed so as not to create a
nonconformity for other structures setback from the new MHW line
created by the boat ramp.
b. All boat ramps shall be confined to existing scarified shoreline areas
of manmade canals. channels. and basins with no native vegetation.
c. The width of boat ramps. including side slopes and walls. shall be
limited to fifteen (15) feet. except that commercial ramps. ramps
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serving more than three dwelling units. and ramps open to public use
may be thirty-five (35) feet in width.
d. All above-water ramp and side slope or wall structures shall be
located landward of the original MHW line.
e. A maximum of two accessory docks. abutting either or both sides
of the ramp. are authorized, These docks may extend beyond MHW.
but must comply with all requirements of this Policy and Section 9.5-
345 of the Land Development Regulations. as amended
f Construction of a boat ramp shall not involve any filling of surface
waters except for the minimum amount needed for the actual boat
ramp surface. side slopes or walls not to exceed two (2) feet in width
and/or pilings for accessory docks.
g. Dredging shall be limited to the minimum amount necessary to
construct the boat ramp and may not exceed one hundred (100) cubic
yards. No dredging of wetlands. submerged grass beds. or hard
bottom communities shall be allowed.
h. All dredge spoil material shall be disposed of on a disturbed. upland
site approved by the Planning and Environmental Resources
Departments. and shall be designed and located so as to prevent
runoff of spoil material into wetlands or surface waters.
10; Boat Shelters:
a. The roof and supporting members of a boat shelter constructed in
compliance with Section 9.5-345 of the Land Development
Regulations. as amended. may extend two (2) feet into the shoreline
setback around the perimeter of a boat basin or ramp. without such
area beinf subtracted from the total area allowed for all structures in
the shoreline setback.
11. Special Approvals:
a. Deviations from the above standards may be allowed as a maior or
minor conditional use approval for structures serving commercial uses.
public uses. or more than three dwelling units. Such approval may
include additional structures or uses provided that such approval is
consistent with any permitted uses. densities. and intensities of the land
use district. furthers the purposes of this section. is consistent with the
general standards applicable to all uses. and the proposed structures
are located in a disturbed area of an altered shoreline., Such additional
uses are limited to waterfront dining areas. pedestrian walkways.
public monuments or statues. informational kiosks. fuel or septic
facilities. and water-dependent marina uses. Any such development
shall make adequate provision for a water quality monitoring program
for a period offive (5) years after the completion of the development.
b. For structures serving three or fewer dwelling units. the Director of
Environmental Resources may approve designs that address unique
circumstances such as odd shaped lots. even if such designs are
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Exhibit 1 to BOCC Transmittal Resolution
inconsistent with the above standards. Such approval may be granted
only upon the Director's written concurrence with the applicant's
written finding that the proposed design furthers the pUlJ'ose of this
section and the goals of the Monroe County Comprehensive Plan.
Only the minimum possible deviation from the above standards will be
allowed in order to address the unique circumstances. No such special
approval will be available for after-the-fact permits submitted to
remedy a Code Enforcement violation.
c. All structures lawfully existing within the shoreline setback along
manmade canals. channels. or basins. or serving three or fewer
dwelling units on any shoreline. may be rebuilt in the same footprint
provided that there will be no adverse impacts on stormwater runoff or
navigation.
d. Docks or docking facilities lawfully existing along the shoreline of
manmade canals. channels. or basins. or serving three or fewer
dwelling units on any shoreline. may be expanded or extended beyond
the size limitations contained in this section in order reach the water
depths specified for docking facilities in Policy 212.5.2. Any dock or
docking facility so enlarged must comply with each and every other
requirement of this Poli~ and Section 9.5-345 of the Land
Development Regulations. as amended (mangroves and submerged
lands).
12. No development other than pile supported docks and walkways
designed to minimize adverse impacts on marine turtles shall be allowed
within fifty (50) feet of any portion of any beach berm complex which is
known to serve as a nesting area for marine turtles:
a. The fifty (50) foot setback will be measured from either the
landward toe of the most landward beach berm or from fifty (50) feet
landward ofMHW. whichever results in the smaller total setback. The
maximum total setback will be one hundred (100) feet from MHW.
b. Structures designed to minimize adverse impacts on marine turtles
will have a minimum horizontal distance of four (4) feet between
pilings or other upright members and a minimum clearance of two (2)
feet above grade. The entire structure must be designed to allow
crawling turtles to pass underneath. "Attached stairs or ramps with
less than the minimum two (2) feet clearance above grade must be
enclosed with vertical barriers two (2) inches apart. to prevent the
entrapment of crawling turtles.
c. Beaches known to serve as nesting areas for marine turtles are
those areas documented as such on the County's threatened and
endangered species maps and any areas for which nesting or nesting
attempts ("crawls") have been otherwise documented. Within mapped
nesting areas. the Director of Environmental Resources may. in
cooperation with the Florida Department of Environmental Protection.
determine that specific segments of shoreline have been previously.
lawfully altered to such a degree that suitable nesting habitat for
marine turtles is no longer present. In such cases. the Director may
recommend reasonable measures to restore the nesting habitat. If such
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measures are not feasible. the Director may waive the setback
requirements of this paragraph. Restoration of suitable nesting habitat
will be required for unlawfully altered beaches.
Section 6. Goal 212, Objective 212.5, Policies 212.5.5 and 212.5.6 of the Monroe
County Year 2010 Comprehensive Plan are hereby amended to read as follows:
Policy 212.5.5
Upon adoption of the Comprehensive Plan, Monroe County shall prohibit the
location of mooring sites over submerged land which is vegetated with seagrasses
or characterized by a hard-bottom community, regardless of water depth unless
the water depth at the mooring site is at least five feet at MLW.. This prohibition
shall also apply to mooring fields.
Policy 212.5.6
Docking facilities and piers shall not terminate on submerged land which is
vegetated with seagrasses or characterized by a hard-bottom community,
regardless of '.vater depth unless the water depth at the terminal platform is at least
five feet at MLW. Design criteria to permit sunlight to reach the bottom shall be
adopted. No boat shelters or gazebos shall extend over submerged lands
vegetated with seagrasses or over hardbottom communities.
Section 7. If any section, subsection, sentence, clause or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such invalidity.
Section 8. All ordinances or parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of said conflict.
Section 9. 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 10. The provision of this ordinance shall take effect when
acknowledgment of its receipt for filing in the Office of the Secretary of State of
the State of Florida has been received and when it has been approved by the State
Land Planning Agency pursuant to F.S. 380.0552(9).
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Exhibit 1 to BOCC Transmittal Resolution
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of the Board held on the _ day
of ,19_.
Mayor London
Mayor Pro Tem Harvey
Commissioner Freeman
Commissioner Douglas
Commissioner Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MAYOR/CHAIRMAN
(SEAL)
BY
FORM
CIENCY
ATTEST:D~L.KOLHAGE,CLERK
DEPUTY CLERK
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MEMORANDU
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To :
Belle DeSantis, Deputy Clerk of the Court
Ralph Gouldy, Environmental Planner ~"
From:
Date:
March 16, 1998
Subj:
Changes to proposed Comp Plan amendments
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
At the March 11, 1998 BOCC meeting, the Board made the following
changes to the proposed Comp Plan amendments which were presented
as "Exhibit 1 to BOCC Transmittal Resolution":
Policy 212.2.3, page 6 of Exhibit 1 - bold language has been
added, underlined language has been deleted.
3. For every lot, two hundred (200) square feet of the
shoreline setback may be utilized for decks, non-enclosed
qazebos, pools, and/or spas. An additional one (1) square
foot area shall be allowed for every linear foot of
shoreline frontaqe in excess of one hundred (100) feet. The
non-enclosed gazebos allowed under this paraqraph policy
must be detached from any principle structure on the parcel.
No decks or habitable spaces may be constructed on the roof
of any non-enclosed gazebo in the shoreline setback.
Policy 212.2.3, page 9 of Exhibit 1 bold language has been
added, underlined language has been deleted.
12. a. The fifty (50) foot setback will be measured from
either the landward toe of the most landward beach berm
or from fifty (50) feet landward of MHW, whichever is
less results in the smaller total setback.
MDESANT.01/TXTGOULD
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