Resolution Z-1MONROE COUNTY ZONING REGULATIONS
RESOLUTION NO. Z-1
A RESOLUTION providing for.the creation of zoning districts for
the entire unincorporated area of Monroe County; said districts and zoning
classifications to be for eht purpose of facilitating the enforcement of regu-
lations and restrictions provided herein within the boundaries of said
districts; prescribing the class of land and building usage to be permitted
in each of said several zones; establishing requirements and fees for the
issuance of permits for buildings and structures, alterations, repairs,
moving of buildings and other improvements for the occupancy of or any
change in the usage of land or buildings in said unincorporated area; pro-
viding that all provisions of the plumbing, electrical and building codes,
as adopted, not in conflict with specific provisions of this Resolution,
shall be complied with in said unincorporated area; providing that all
Health and Sanitation Laws shall be complied with; empowering and author-
izing the County Zoning Director to issue or withhold said permits; pro-
viding for an appeal from any act or decision of said Zoning Director; pro-
viding for adjustment of conflicts with any regulations, boundary or re-
striction of an existing subdivision of land relative to structures erected
thereon prior to the adoption of this Resolution.
The following Resolution was offered by Commissioner HigF,s
and seconded by Commissioner :'.arri and upon vote carried.
Effective January 4, 1960.
WHEREAS, this Board was granted authority by Chapter 59-1576,
Laws of Florida, 1959, to establish zoning regulations, building, plumbing
and electrical codes in the unincorporated area of Monroe County, and
WHEREAS, a number of advertised public hearings were held in
relation to the regulations, restrictions and boundaries hereinafter pro-
vided, and
WHEREAS, at which hearings any and all citizens, property owners
or any other person or party of interest did have an opportunity to be heard,
and
WHEREAS, this Board desires to establish zoning classifications
and boundaries thereof, to regulate and reasonably restrict all new uses
and change of uses within the unincorporated area of Monroe County, to
provide regulations and restrictions relating to structures and to provide
by law for the manner in which such regulations, restrictions and boundaries
shall be determined, established and enforced and from time to time amended,
supplemented, changed or repealed, all in conformity with the authority con-
ferred by law upon this Board,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows:
1. That the following zoning regulations designated as "ZONING
REGULATIONS FOR MONROE COUNTY, FLORIDA", attached hereto and
made a part hereof, be and the same are hereby adopted and shall become
effective January 4, 1960, within all of Monroe County, Florida, except
that portion of said County that may be includedin any municipality.
n��ced December 8, i9159.
RESOLUTION NO. Z-1
ZONING REGULATIONS
FOR
MONROE COUNTY, FLORIDA
INDEX .re COUNTY ZONING REGULATIONS
Page
Section 1
Intent and Purpose
1
Section 2
Definitions
1
Section 3
Zoning Districts and Maps
9
Section 4
Provisions Applying to All Zones
10
(a) Uses - Land, Water and Structures
(b) General
10
(c) Architecture
le
and Color
11
(d) Deed Restrictions
11
(e) Lot Area and Yards
11
(f ) Height
(9) Street Intersections
11
12
Business - Residence Combination
12
1h)
i) Moving of Buildings
12
J) Excessive Front Setbacks
12
k) Temporary Structures or Buildings
(1) Sanitary
12
Regulations
(m) Special
13
Hospitals
(n) House
13
Boats
(o) Additional
13
Provisions for All Zones
Sub
13
P) -Standard Lot Areas
14.
Q) Buildings for Public Assemblage
r) Liquor
14
-Beer -Wines Uses
16
(s) Accessory Building
16
(t) Garbage
(u) Cemeteries, Mausoleums, Crematories
(v) Unusual
�7
17
Uses
(w) Junk
18
Yards and Fees
(x) Pits,
18
Quarries and Excavations
(y) Filling
18
of Pits
20
Section 5
Zone GU - General (Interim District)
20
Section 6
Zone EU - Estates - Single Family
Residential District
21
Section 7
Zone RV-1 - Single Family Residential
District
21
Section 8
Zone RU-2 - Two -Family Residence District
23
Section 9
Zone RU-3 - Multiple Family Hotel and Motel
24
Section 10
Zone BU-1 - Neighborhood Retail Business
District
27
Section 11
Zone BU-2 - General Retail and Wholesale
Business District
32
Section 12 Zone IU - Industrial District
Section 13 Trailers - Trailer Parks
Section 14 Off -Street Parking
Section 15 Existing Uses
Section 16 Non -Conforming Usage
Section 17 Construction Requirements
Section 18 County Zoning Director - Powers and Duties
Section 19 Board of Adjustment
Section 20 Zoning Board
Section 21 Amendments
Section 22 Setbacks
Section 23 Public Hearings
Section 24 Special Permits
Section 25 Enforcement and Administration
Section 26 Penalties and Remedies
Section 27 Fee Exemptions
Section 28 Conditional Permits and Variances
Section 29 Permits - Use and Occupancy - Permit Fees
Section 30 Applications of Zoning Photographs and Maps.
Section 31 Official Right -of -Way Plan and Minimum Widths
Page
33
37
42
43
44
45
46
47
47
48
48
51
51
51
53
53
54
55
58
58
ii
SECTION I
INTENT AND PURPOSE:
The comprehensive plan of this Resolution is with the in-
tent and for the purpose of promoting public health, safety, morals,
convenience, comfort, prosperity and general welfare of the commun-
ity, and for a wholesome, serviceable and attractive county, by
having regulations and restrictions that increase the safety and
security of home.life, business and industry; that preserve and
create a more favorable environment in which to rear children;that
develop permanent good citizenship; that stabilize and enhance pro-
perty and civic values; that provide for a more uniformly just land -
use pattern and tax assessment basis; that facilitate adequate pro-
visions for increased safety in traffic and -for transportation,
vehicular parking parks, parkways, recreation, schools, public
buildings, housing, light, air, water supply, sewage, sanitation,
and other public requirements; that lessen congestion, disorder and
danger which often inhere in unregulated developments; that prevent
overcrowding of land and undue concentration of population; and
that provide more reasonable and serviceable means and methods of
protecting and safeguarding the economic structure upon which the
good of all depends.
In order to more effectively protect and promote the
general welfare, and to accomplish the aims and purposes of this
comprehensive plan, the County is divided into districts of such
number, shape and area, and of such common unity of purpose, adapt-
ability or use, that are deemed most suitable to provide for the
best general civic use, protect the common rights and interests
within each district, preserve the general rights and interests of
all, and to promote improved wholesome, sightly, harmonious and
economic results in service, activities and operations; and by fur-
ther regulations to limit the.locations, uses and occupancy of
buildings, structures and land to be used for trade, industry, re-
sidence or other purposes, and also the location, height, bulk, oc-
cupancy and uses of buildings and other structures, including the
percentage of lot occupancy and coverage, setback lines, 'sizes of
yards, and other open spaces.
SECTION 2
DEFINITIONS:
For the purposes of this Resolution, certain terms and
words are defined as follows:
Words used in the present tense include the future; words
in the singular number include the plural, and words in the plural
number include the singular; the word "building" includes the word
"structure"; the word "lot" includes the words "plot" and "tract",
and the Word "shall" is mandatory and not directory; the word "used"
shall include arranged, designed, constructed, altered, converted,
rented, leased or intended to be used. The word "land" shall in-
clude water, surface and land under water.
ACCESSORY BUILDING:- A garage or other building on a lot or parcel
subordinate to and not forming an integral part of the main or prin-
cipal building, but pertaining to the use.of the main building.
Page 1 Sec. 1, Sec. 2 Cont'd
An accessory building may include servants quarters, unless prohi-
bited by existing deed restrictions. Also, see Guest House. .
ADVERTISING SIGNS:- A surface whereon advertising matter is set in
public view, including reference to any use of premises whereon it
is displayed or posted.
ALLEY:- A narrow thoroughfare dedicated or used for public passage-
way up to twenty-five feet (25t) in width, upon which usually abut
the rear of the premises or upon which service entrances or build-
ings abut, and not generally used as a thoroughfare by both pedes-
trians and vehicles, which is not used for general traffic and is
not otherwise officially designated as a street.
ALTERATION:= Any change in the arrangement of a building; any work
affecting the structural parts of a building; or any change in
wiring, plumbing or heating systems.
APARTMENT BUILDING:- A building which is used or intended to be
used as a home or residence for more than two (2) families living
in separate quarters.
APARTMENT, GARAGE:- A building designed and intended to be used for
the housing of vehicles belonging to the occupants of an apartment
building on the same premises, in connection with living quarters
and having a square foot area not more than sufficient to house a
number of automobiles not exceeding'the number of apartments con-
tained in the principal. building.
APARTMENT HOTEL:- An apartment building, under resident supervision,
which maintains an inner lobby through which all tenants must pass
to gain access to the apartments, and which may furnish dining -room
service.
ARTERIAL HIGHWAY:- See Highway.
BAR. OR SALOON:- Any place devoted primarily to the selling or dis-
pensing and drinking of malt, vinous or other alcoholic beverages,
or any place where any sign is exhibited or displayed indicating
that alcoholic beverages are obtainable within or thereon and where
such beverages are consumed on the premises.
BARBECUE PIT OR BUILDING:- An open or enclosed pit or fireplace, or
an.open or enclosed building used primarily for cooking meats in
the "Barbecue -Style".
BARBECUE STAND:- A refreshment place where space is provided or al-
lowance is made for automobiles to gather for the primary purpose
of serving the occupants barbecued meats. vL4;V_e__ v
BILLBOARD:- See Advertising Signs.
BLOCK:- A block shall be deemed to be all that property frontage
along one highway lying between the two (2) nearest intersecting or
Intercepting streets and railroad right-of-way or waterway, golf
course, campus, park or similar open space.
BOUNDARY OF ZONING DISTRICTS:- The centerline of a street or right-
of-way or .the centerline of the alleyway, between the rear or side
property lines, or where no alley or passageway exists, the rear or
side property lines of all lots bordering on any zone limits, or
any zone boundary shown on the photographs and maps accompanying
Page 2 Sec. 2 Cont'd
�1�
this Resolution and all future resolutions on these regulations.
BUILDING:- A building is any structure having a roof entirely
separated from any other structure by space or by walls, in whi r1.
there are no communicating doors or windows or any similar opening,
and erected for the purpose of providing support or shelter for
persons, animals, things or property of any kind.
BUILDING HEIGHT: - The height of a building with a gabled or hip
roof shall be the vertical distance measured from the average
elevation of the finished building site to the top of the roof of
the uppermost story. The height of a building with a flat or near-
ly flat roof shall be measured from the footing as stated above to
the highest point of the roof (but not the parapet or coping shall
be used). A flat roof shall be considered a roof that has a slope
of less than seven (7) degrees with the horizontal.
BUILDING LINE: - The extreme overall dimensions of a building as
staked on the ground, including all area covered by any vertical
projection to the ground or overhang of walls, roof or any other
part of a structure, whichever is nearest to the property line,
will be considered as the building line, for the purpose of this
Resolution.
BUILDING SITE: - The ground area of a building or buildings, to-
gether with all open spaces surrounded by said building or buildings.
BUNGALOW COURT OR VILLA: - A bungalow court is a group of three or
more single family dwellings on one or more adjoining lots, having
separate outside entrances on the ground floor level for each single
family dwelling, including all open spaces required by this Resolu-
tion.
BUSINESS: - See Place of Business.
CAFETERIA: - A place where. food is obtained by self-service and
eaten on the premises.
CENTER LINE, HIGHWAY: - A line running parallel with the highway
right-of-way which is half the distance between the extreme edges
of the official right-of-way width as shown on a map approved by
the county.
CERTIFIED SURVEY: - A survey, sketch, plan, map or other exhibit
is said to be certified when a written statement regarding its
accuracy or conformity to specified standards is signed by the
specified professional engineer, registered surveyor, architect
or other legally recognized person.
CHURCH: - Building used for non-profit purposes by a recognized and
legally established sect solely for the purpose of worship.
CLUB, PRESSING: - A pressing, cleaning or laundry agency where no
gasoline or explosive of any kind is used.
CLUB, PRIVATE: - An association of persons for some common purpose,
but not including groups organized primarily to render a service
which is customarily carried on as a business. The term "private
club" shall apply to all social organizations not operated for
profit.
Page 3 Sec. 2 Cont'd
�j,
Z
COMMERCIAL ZONE:- - NE Either business, industrial or arts and crafts
use.
CONDITIONAL PERMIT:- A permit issued subject to revision or cpn-
cellation by the Board of County Commissioners under the terms of
these regulations.
COURT:- An open, unoccupied, unobstructed space, except for trees,
shrubs and fountains, statuary, other than a yard, on the same lot
as a building.
COURT, BUNGALOW:- A court surrounded by a structure and not ex-
tending to a street or alley or to a front, side or rear yard.
CUBIC CONTENT:- The cubic content of a building is its bulk volume
exclusive of the volume below grade. In ascertaining the cubic
content of gabled buildings, the height shall be measured from the
top of footings (which measurement shall not be below the average
elevation of the building site) to a point halfway between the
plate and ridge. For a flat roof, the highest point of the roof
(but not the parapet or coping) shall be used.
DEPTH OF LOT:- The depth of a lot, is the depth between its mean
front street line and its mean rear line.
DISTANCE:- Unless otherwise specified herein, all distances shall
be measured in a straight line from point to point.
DOG KENNEL:- The keeping of any dog or dogs, regardless of number,
for sale, breeding, boarding or treatment purposes, excepting in a
dog hospital, dog beauty parlor or pet shop, as allowed by these
regulations, or the keeping of five (5) or more dogs, six (6)
months or older, on premises used for residential purposes, or the
keeping of more than one (1) dog on vacant property or on property
used for business or commercial purposes,shall constitute a.kennel.
DWELLING, ONE FAMILY:- A private residence building used or intend-
ed to be used as a home or residence in which all living rooms are
accessible to each other from within the building and in which the
use and management of all sleeping quarters, all appliances for
sanitation, cooking, ventilating, heating or lighting are designed
for the use of one (1) family only.
DWELLING, DUPLEX:- A residence building designed for, or used as
the separate homes or residences of two (2) separate and distinct
families, but having the appearance of a single family dwelling
house.
ESTATE:- Any residential site comprising an area of k"'In thou-
sand 1,1, 000 ) square feet or more shall come within the meaning of
the word "estate", as provided herein under zone EU.
FAMILY:- One (1) or more persons occupying premises and living as
a single housekeeping unit, such occupants being related by blood,
marriage,.etc., as distinguished from a group occupying a boarding
house, a lodging house or hotel, as herein defined.
FILLING STATION:- See Gas Station.
FRONTAGE:- Distance measured along a highway right-of-way.
GARAGE:- See Definitions under Private, Community, Public and
Page 4 Sec. 2 Conttd
Mechanical Garages.
GARAGE, COMMUNITY:- A structure, or series of structures under one
1) roof, and under one (1) ownership, for the storage of vehicles
by three (3) or more owners or occupants of property in the vici-
nity, where said structure has no public shop or mechanical serv-
ices in connection therewith.
GARAGE, MECHANICAL:- See Public Garage.
GARAGE, PRIVATE:- A structure not larger than five hundred (500)
square feet in area for the private use solely for the owner or
occupant of the principal building on a lot or of his family or
domestic employees for the storage of non-commercial motor vehi-
cles, and which has no public shop or mechanical service in con-
nection therewith.
GARAGE, PUBLIC:- A structure for the storage, .care, repair or
refinishing of motor vehicles, or a structure containing a public
shop, or where automobile mechanical service is provided.
GAS STATION:- A structure designed or used for the retail sale or
supply of fuels, lubricants, air, water and other operating com-
modities for motor vehicles and including the customary space and
facilities for the installation of such commodities on or in such
vehicles, but not including space or facilities for the storage,
repair, refinishing or other servicing of motor vehicles.
GRADE:- The established grade of premises, whether vacant or
improved, is the highest elevation of the sidewalk or crown of
road, whichever is the greatest, at the property line as fixed by
the county.
GRIDIRON SYSTEM:- A rectangular system of street and blocks.
GUEST HOUSE:- A building in the rear yard area of a residence
which is not occupied year round, but which is used as temporary
residence, only. Such a building shall conform to the require-
ments for accessory buildings, except no cooking facilities shall
be provided.
HEIGHT OF BUILDING:- See Building Height.
HIGHWAY:- Any public thoroughfare wider than twenty-five feet
(25'), including streets, which affords -primary access to abut-
ting property, and any thoroughfare of less width which is not
classed as an alley. Also see definition of arterial highway.
HOME OCCUPATION:- Any vocation, trade or profession carried on
within a dwelling by the occupants thereof, where only electric
power not exceeding one (1) horsepower is used, no merchandising
or other articles are displayed for advertising purposes and no
persons other than members of the resident family are employed.
HOTEL:- A building occupied as the more or less temporary resi-
dence of individuals who are lodged, with or without meals, and
in which there are ten (10) or more sleeping rooms and no provi-
sions made for cooking in any individual room apartment.
INDUSTRY:- The manufacturing and treatment of products and other
uses as specified in industrial zone of these regulations.
Page 5 Sec. 2 Cont'd
It
0
•
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JUNK:- Old and dilapidated automobiles, trucks, tractorsard other
such vehicles and parts thereof, wagons and other kinds of vehicles
and parts thereof, scrap, building material, scrap cont.-actcris
equipment, tanks, cask5,'cans, barrels, boxes, drums, piping, glass,
bottles, old iron, machinery, rags, paper, excelsior, haiij matt-
resses; beds or bedding, or any other kind of scrap or waste mate-
rial which is stored, kept, handled or displayed within the county
limits, Also see "Trash".
LAND:- Any tract of ground, together with appurtenances.
LOT:- Parcel of land shown on a recorded plat or on the official
county zoning maps or any piece of land described by a legally re-
corded deed.
LOT, CORNER:- Any lot situated at the junction of and abutting on
two 2 or more intersections, intercepting streets or public high-
ways. If the angle of intersection of the direction lines of two
(2) highways is more than one hundred and thirty-five degrees (1350)
the lot fronting on said intersection is not a corner lot.
LOT, INTERIOR:- Any lot which is not a corner lot.
LOT, KEY:- A "key" lot is a lot so subdivided as to have its side
lines coincide with the rear lot lines of adjacent lots on either
or both of the sides of the aforesaid "key" lot.
LOT LINES, FRONT:- In the case of a lot abutting upon only one (1)
street, the front lot line is the line separating such lot from
such street. In the case of any other lot, one (1) such line shall
be elected to be the front lot line for the purpose of this Resolu-
tion, provided it is so designated by the building plans which meet
the approval of the County Zoning Director. Also, see Right -of -Way
Line.
LOT LINES, REAR:- The rear lot line is that boundary which is oppo-
site and most distant from the front lot line. In the case of a
lot pointed at the rear, the rear lot line shall be that assumed
line parallel to the front lot line, not less than ten feet (101)
long lying farthest from the front lot line and wholly within the
lot.
LOT LINES, SIDE:- A side lot line is any lot boundary line not a
front lot line or a rear lot line. A side lot line separating a
lot from a street is an exterior side lot line. A side lot line
separating a lot from another lot or lots is an interior side lot
line.
LOT, THROUGH:- Any lot having frontage on two (2) parallel or ap-
proximately parallel streets or other thoroughfares.
MOBILE RESIDENCE:- A residence on wheels, rollers or skids not
structurally anchored to a foundation, either self-propelled or
propelled by an attached vehicle, animal, person or other propel-
ling apparatus.
MOTEL OR MOTOR HOTEL:- A building or group of two (2) or more
buildings designed.to provide sleeping accommodations for tran-
sients or overnight guests, with no common entrance or lobby.
NEIGHBORHOOD:-' The area included in one (1) predominant type of
use, such as residential neighborhood, together with the area
Page 6 Sec. 2 Cont'd
• ___I M i
having values ardently affected by any usage in that area..
NEIGHBORHOOD STORE:- A retail establishment which supplies house-
hold requirements to the immediate surrounding residential neigh-
borhood, such as a delicatessen, grocery, drug -sundry, tobacco
store, etc.
NEW SUBDIVISIONS:- A subdivision of land into lots, parcels or
tracts, excluding any subdivision included under "old" subdivi-
sions. See below.
NON -CONFORMING USE:- Use of any property or premises in any manner
which does not comply with the regulations provided for the zone
in which said property or premises are situated.
OLD SUBDIVISIONS:- A subdivision on which the plat had been offi-
cially accepted and recorded at the time this Resolution was
adopted and which has not been reverted to acreage, tracts or
blocks.
PIT:- A hole in the ground, such as a rock quarry or other excava-
tion. >
PLACE OF BUSINESS:- Any vehicle, building, structure, yard, area,
lot, premises or part thereof, or any other place in which one (1)
or more persons engage in a gainful occupation.
POINT OF SALE:- The boundary of the room and the necessary parts
of the building in which an advertised product is sold.
POULTRY MARKET:- A commercial establishment or place where live
poultry is kept and offered for sale.
PREMISES:- Any lot, plot, parcel or tract of land with or without
a building or buildings or structure or structures thereon.
PRINCIPAL BUILDING:- The building situated or to be placed nearest
the front property line.
REPAIRS:- Restoration of portions of a building to its condition
as before decay, wear or damage, but not including alteration of
the shape or size of any portion.
RESIDENTIAL:- The term "Residential" or "Residence" is applied
herein to any lot, plot, parcel, tract, area or piece of land or
any building used exclusively for family dwelling purposes or
intended to be used, including concomitant uses specified herein.
RESTAURANT:- A building, room or rooms, not operated as a dining -
room in connection with a hotel, where food is prepared and served
to a group of families, a club or to the public and for consump-
tion on the premises.
RIGHTIOFIWAY LINE- The right-of-way line shall be considered a
property line and all setback requirements provided in this Reso-
lution shall be measured from said right-of-way line. Side and
rear yard depths shall be measured from property lines, except
corner lots which shall be controlled by the right-of-way line of
the side street.
Page 7 Sec. 2 Cont'd
ROOMING HOUSE:- A residential building used, or intended to be
used, as a place where sleeping or housekeeping accommodations
are furnished or provided for pay to transient or permanent
guests or tenants in which less than ten (10) and more than
three (3) rooms are used for the accommodation of such guests
or tenants, but which does not maintain a public dining -room or
cafe in the same building, nor in any building in connection
therewith.
SERVANTS QUARTERS:- A secondary residential building occupied by
an employee of the principal residential building and conforming
to the restrictions of these regulations, including those for
accessory buildings.
SERVICE STATION:- See Gas Station.
SETBACK:- The minimum horizontal distance between the street,
rear or side lines of the lot, and the front, rear or side lines
of the building, including steps, terraces or any projection
thereof. When two (2) or more lots under one (1) ownership are
used, the exterior property lines so grouped shall be used in
determining offsets.
SIGN:- Any display of characters, letters, illustrations or any
ornamentations designed or used as an advertisement, announcement
or to indicate directions (except official public signs).
SITE:- Area of premises to be covered by a structure.
STORE:- A building in which commodities are sold at retail or
wholesale. Also, see Neighborhood Store.
STREET:- See Highway.
STRUCTURAL ALTERATIONS:- Any change in the shape or size of any
portion of a building or of the supporting members of a building
or structure, such as walls, columns, beams, arches, girders,
floor joints or roof joints.
STRUCTURE:- Anything constructed or erected, the use of which re-
quired rigid location on the ground, or attachment to something
having a permanent location on the ground, including walls,
fences and signs.
SUBDIVISION:- A division of a lot, tract or parcel of land or
water into two (2) or more lots, plats, sites or other subdivi-
sions of land or water for the purpose, whether immediate or
future, of sale, rent, lease, building development, anchorage or
other use.
TEA ROOM:- A room in a building for use in serving light meals
and non-alcoholic beverages.
TENT:- Any structure or enclosure, the roof and/or one-half (1/2)
or more of the sides of which are of silk, cotton, canvas or any
light material, either attached to a building or structure or un-
attached.
TOURIST COTTAGE:- A single family dwelling used as one of the
units of a Tourist Park.
Page 8 Sec. 2 Cont'd
•
TOURIST PARK:- Any lot or plot of ground upon which three (3) or
more single family camp cottages or two (2) or more trailers are
located and maintained for the accommodation of transients, where
a charge is or is not made.
TRAILER:- A residence on wheels, skids or,rollers propelled by an
attached vehicle or other propelling apparatus. See Mobile Resi-
dence.
TRAILER CAMP:- See Tourist Park.
TRAILER PARK:- See Tourist Park.
TRASH:- Cuttings from vegetation, refuse, paper, bottles, rags.
Also, see Junk.
UNINCORPORATED AREAS:- Any land in the county not lying within the
boundaries of a duly incorporated village, town, municipality or
other governmental unit.
USE:- The purpose for which land or a structure thereon is designed,
arranged or intended to be occupied or utilized, or for which it is
occupied or maintained.
USE PERMIT:- A written certificate of authorization required before
any land or structure can be used or its use changed.
VEHICLE:- A conveyance for persons or materials.
WATERFRONT:- Any site shall be considered as waterfront premises
provided any or all of its lot lines abut on or are contiguous to
any body of water, including creek, canal, bay, ocean, river or any
other body of water, natural or artificial, not including a swim-
ming pool, whether said lot line is front, rear or side.
YARD:- An open space on the same lot with a building, said space
being unoccupied and unobstructed from the ground upward, except as
otherwise permitted herein.
YARD, REAR:- The yard area lying to the rear of the principal
building.
YARD, SIDE:- The yard area lying to the sides of the principal
building.
SECTION 3
ZONING DISTRICTS AND MAPS: -
(a) DIVISION OF AREAS AFFECTED - Eight (8) zoning dis-
tricts applicable to the unincorporated area of Monroe County are
hereby established. Said districts are further described in other
Sections of this Resolution along with the requirements and res-
trictions applicable thereto:
GU General (Interim District)
EU Estates - Single Family Residence District
RU-1 Single Family Residence District
Page 9 Sec. 2, Sec. 3 Cont'd
w0 •
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RU-2 Two -Family Residence District
RU-3 Multiple Family Residence District
BU-1 Neighborhood Retail Business District
BU-2 General Retail & Wholesale Business District
IU Industrial District
(b) AERIAL PHOTOGRAPHS AND MAPS - Aerial photographs and
maps, bearing the facsimile signature of the Chairman and Clerk of
the Board of County Commission of Monroe County, of the above des-
cribed eight (8) districts, showing the details of each zoning dis-
trict boundary, are hereby made a part of this Resolution. Said
photographs and maps are the official zoning photographs and maps
of Monroe County.
(c) CUSTODIAN - The Zoning Director of Monroe County is
hereby appginted Custodian of all of the county zoning photographs
and maps.
(d) APPLICATION - The zoning classifications as deline-
ated on the said county zoning photographs and maps, along with
other requirements and restrictions as set forth in this Resolution,
I
ill govern the application of zoning in Monroe County. Said photo-
graphs and maps are subject to amendment in accordance with pres-
cribed procedure as set forth in this Resolution.
SECTION 4
PROVISIONS APPLYING TO ALL ZONES:
(a) USES - LAND, WATER AND STRUCTURES - No building or
structure, or part thereof, shall hereafter be erected, moved, con-
structed, reconstructed or structurally altered and maintained, and
no existing use, new use or change of use of any building, struc-
ture, land or water, or part thereof, shall be made or continued,
except.in conformity with the provisions of this Resolution.
(b) GENERAL - Nothing shall be allowable on premises in
any zone established which would in any way be offensive or obnox-
ious by reason of color, design or the emission of odors, liquids,
gases, dust, smoke, radiation, vibration or noise. Nor shall any-
thing be placed, constructed or maintained that would in any way
constitute an eyesore or nuisance to adjacent property owners, re-
sidents or to the community. No structure shall be erected, al-
tered, structurally altered or moved, except by methods and on
locations as approved by the Zoning Director.
No building intended for residential purposes shall be
moved into or constructed on land subject to periodic or frequent
flooding, nor shall any existing building so located be enlarged,
repaired or altered.
No permit shall be issued for a building or use on a lot,
plot, tract or parcel in any zone which does not abut on a public
street, road or alley, or upon a public easement not less than
twenty feet (201) wide to such public street, road or alley.
It shall be prohibitive to separate any lot for new use
or ownership which would result in any portion of said lot failing
Page 10 Sec. 3, Sec. 4 Cont'd
•
• 0 M •'
to meet the requirements herein established for the zone in which
said lot is located.
No sign shall be so located as to constitute a hazard.
(c) ARCHITECTURE AND COLOR - All buildings hereafter
constructed shall be of an architectural style and color which will
harmonize with the premises and With other buildings on both sides
of the same block and within two hundred feet (2001) in all direc-
tions in the same neighborhood. All questions raised on this sub-
ject shall be referred to the County Commission for decision in
accordance with these regulations.
(d) DEED RESTRICTIONS - All deed, plat and other record-
ed restrictions referred to herein shall be observed in all zones,
except where such restrictions have terminated or have been suffi-
ciently waived by usage, in which case prevailing usage shall guide
the Zoning Director in judging minimum size and other permissible
standards of use; providing nothing in this paragraph shall be con-
strued to conflict with the requirements, restrictions or enforce-
ment of these regulations. In case of conflict between these re-
gulations and deed restrictions, the more restrictive requirements
shall prevail. Permits shall not be issued for any work that does
not comply with the minimum and maximum sizes of structures shown
on the zone maps and the lot area requirements of this Resolution,
except as provided herein; nor shall a permit be issued to place
any building, including business and industrial structures in any
zone which obviously would tend to depreciate the value of neigh-
borhood property.
(e) LOT AREA AND YARDS - Every lot used for residential
purposes shall have a rear yard with an area of at least twenty
percent (20%) of the total lot area, unless otherwise provided in
these regulations.
Unless the plumbing system of the residential building on
such lot is connected to a sanitary sewer other than septic tank
with field drains, sufficient lot area required to care for a sep-
tic tank drain field shall not be occupied by an accessory building
or other structure. Any structure using a septic tank shall have a
yard providing at least one and one-half (1-1/2) square feet of
open lot for each lineal foot of septic tank drain the as required
by the Plumbing Inspector.
(f) HEIGHT - No structure or appurtenance thereto shall
be of a height greater than the width of the widest street upon
which such building abuts.
In all zones, a single family dwelling is required to
have a minimum of seven hundred and fifty (750) square feet on the
first floor before a second story is permitted. All accessory
buildings in all zones are limited to one (1) story unless the
principal building has a second story.
The height of structures within three thousand feet
(1,0001) of the boundaries of a commercial, public or government
owned or controlled airport shall moet the requirements of the U.
S. Department of Commerce, which limits maximum elevation according
to a graded scale, depending upon the distance from the airport
boundaries.
Page 11 Sec. 4 Cont'd
No structure erected within the boundaries of any zone
established by this Resolution or an amendment thereof shall ex-
ceed two (2) stories or forty feet (1101 ), whichever is the =r_ore
restrictive, unless of fire resistive construction as specified
by'the Southern Building Code.
(g) STREET INTERSECTIONS - No obstruction, sign, wall,
fence, hedge, shrub, tree or structurei etc., that exceeds four
feet.._(4t )..in height shall be permitted within twenty feet (201 )
of a street .intersection.
No driveway, ingress or egress shall be permitted to any
premises from a street within ten feet (101) of a street inter-
section (official right-of-way intersection).
(h) BUSINESS - RESIDENCE CO.-10INATION - No building
shall be erected or used as a residence in any business zone as
a combination residence and business, unless the rear yard set-
backs meet the minimum requirements of the rear yard setbacks in
an RU-1 Zone, plus meeting the off-street parking requirements of
both uses.
(i) MOVING OF BUILDINGS - No building or structure
shall be moved from one lot or premises to another, unless such
building or structure shall thereupon be made to conform with
all the provisions of these regulations relative to buildings or
structures thereafter erected upon a lot or premises to which
such building or structure shall have been moved. The County
Zoning Director is hereby authorized to require any person apply-
ing to obtain a permit to move a building from one lot or premi-
ses to another, to post a bond, either in cash or surety company
bond, meeting with the approval of the County Attorney, in a sum
not to exceed Two Thousand Five Hundred Dollars ($2,500.00), de
posited with the Clerk of the Board of County Commissioners; if
a cash bond, or if a surety bond, payable to the order of the
Board of County Commissioners of Monroe County, Florida, condi-
tioned upon the applicantts compliance in all respects with the
zoning regulations and codes pertaining to the area on which such
building shall have been moved. Before permitting a building to
be moved, the Zoning Director shall have the building inspected
to determine if said building can be brought up to code. Before
issuing a permit to move a building over the highways and roads
of Monroe County, the applicant will pay into the County suffi-
cient funds to be retained by the County to pay the salaries and
wages of a County Building Inspector and a Deputy Sheriff to ac-
company the movement of the building over the highways and roads
of the County.
(j) EXCESSIVE FRONT SETBACKS - If in any given area of
Monroe County a setback in excess of requirements of this Resolu-
tion has been established over the years by usage, the Zoning
Director is authorized to establish a reasonable front setback
requirement. In no case, however, will this setback be less than
required by these regulations.
(k) TEMPORARY STRUCTURES OR BUILDINGS - The Zoning
Director is authorized to permit the construction and use of tem-
porary structures under the following conditions:
Page 12 Sec. 4 Conttd
(1) For construction sheds and tool houses for con-
tractors and construction workers on the premi-
ses while a building is under construction on
said premises. Said temporary structure shall
be removed from the premises before permitting
occupancy or use of new structure.
(1) SANITARY REGULATIONS -
(1) All regulations of the State Sanitary and
Plumbing Lards shall be observed.
(2) No plumbing fixtures shall be installed unless
water is supplied under pressure.
(3) A septic tank; a pit privy and/or drains con-
nected thereto shall not be placed closer than
fifty feet (501 ) to any well used for water
supply.
(4) Liquid petroleum and bottle gas installations
and services shall meet the current require-
ments of the National Board of Fire Underwriters.
(5)- Pit privies shall not be placed closer than two
hundred feet (2001) to trailer camps, public
schools or hospitals.
(m) SPECIAL HOSPITALS - Private institutions or,homes for
mental diseases, or hospitals housing the insane or feebleminded,
unless placed at least six hundred and sixty feet (6601) from any
adjoining property line, and no closer than one hundred feet (1001)
from a highway or right-of-way, are prohibited in all zones, except
by special permit. Application for which shall be accompanied by an
affidavit of approval, signed by all property owners within a radius
of one thousand feet (1,0001) of the premises proposed to be so used
or occupied; otherwise a public hearing shall be held.
(n) HOUSEBOATS - No houseboat, which is not propelled by
its own power, shall be permitted to fasten to a dock, anchor to
land or remain in any of the waterways within the limits of any un-
incorporated area of Monroe County without a permit. Application
for which shall be made to the Zoning Director. The Zoning Director
is authorized to issue permit for said houseboat use and occupancy,
provided said use and occupancy does not conflict with the uses of
the immediate area; otherwise, a public hearing will be held before
permitting such use and occupancy in a given area.
(o) ADDITIONAL PROVISIONS FOR ALL ZONES -
(1) Wastepaper, boxes, shavings, rubbish or other
inflammable materials, especially liable to fire
shall not be allowed to accumulate on any premi-
ses. Brush, wood and other inflammable material
shall not be allowed within fifty feet (501) of
containers for gas, gasoline, dynamite or other
highly -inflammable or explosive materials.
Page 13 Sec. 4 Conttd
(2) Materials and equipment shall not be deposited
on any premises, lot or proposed site in any
zone prior to obtaining a permit as required
herein. Surplus material and construction
equipment shall be removed from the premises
within one hundred and twenty (120) days after
the issuance of a construction permit, unless
written permission is obtained from the Zoning
Director for a definite extension of time.
(3) All lot area shall be cleaned of debris and
surplus materials removed from the premises.
Off-street parking requirements installed and
approved, loading zones installed and approved
and the area put in presentable condition be-
fore a use and occupancy permit is issued.
(p) SUBSTANDARD LOT AREAS - The construction, use and
occupancy of buildings on substandard lots is.hereby authorized,
provided the subdivision in which said lot is'located or deed was
recorded on the public records of Monroe County on or before the
date of this Resolutiori, under the following conditions:
(1) A single family residence, a business or indus-
trial building may be constructed on a lot
having a minimum of forty feet (40' ) in width,
one hundred feet (1001) in depth and a lot
area of not less than four thousand (4,000)
square feet, provided said lot is zoned for
the use permitted.
(2) A single family residence may be constructed in
a GU Zone, provided the lot area has a minimum
frontage of one hundred feet (1001), a minimum
depth of one hundred feet (1001) and a lot area
of not less than fifteen thousand (15,000)
square feet.
(q) BUILDINGS FOR PUBLIC ASSEMBLAGE -
(1) In zones other than Business or Industrial. No
building or other structure intended for public
assemblage, wherein provisions are made for
twenty-five (25) or more persons to assemble in
one (1) room, such as auditoriums, churches,
clubs, hospitals, sanitariums,.schools, night
clubs; theatres, amusement park structures,
etc., shall be placed in any zone except Busi-
ness or Industrial as provided herein, or
shall be used for public assemblage if any part
thereof is located closer than:
Twenty-five
line which
alley, or
feet (25') to any property
abuts on a public highway or
Page 14 Sec. 4 Conttd
Closer than fifty feet (50' ) to any
property line abutting a lot under
different ownership than that on
which the structure is to be placed,
or
Closer than fifty feet (501 ) to an
existing residential building.
A separate lot used to provide setback
requirements shall not be occupied by
another building, if it would reduce
the clear space required.
Buildings on an adjacent lot shall not
be closer than twenty-five feet (25')
to the side property line adjacent to
a building used for public assemblage
unless the side wall is of at least
three- (3-) hour fire resistance and
is entirely without openings.
No building for public assemblage shall
be permitted in Zone IU, except where
directly connected with an industry
legally existing or permitted in the
zone classification located beyond the
limits specified for the type of indus-
try involved.
No building for public assemblage which
is more than four hundred (400) square
feet in area shall have exterior walls
or bearing partitions of less than one-
(1-) hour fire resistance.
No building for public assemblage shall
be more than one (1) story in height or
more than twenty feet (20t) in height,
unless constructed so as to offer at
least three- (3' hour fire resistance,
except that in Zones GU, RU and EU a
steeple, cupola, tower, dome or other
ornamental vertical projection not occu-
pied by persons, may be higher than
fifteen feet (151), provided such verti-
cal projection, where not of specified
fire resistance, shall set back from
every property line a distance of at
least equal to its over-all height.
Philanthropic and Eleemosynary Institu-
tions shall be classed as buildings for
public assemblage, but if any building
or its use is operated for profit, it
shall be permitted only in zones where
such business or industry is permitted.
Page 15 ' Sec, 4 Conttd
(2) Buildings used for public assemblage, where
located in BU or IU Zones, may be permitted
within the same yard requirements and setbacks
as required of the business or industrial
buildings legally allowed in these zones; pro-
vided that no such building in said Business or
Industrial Zone shall be placed closer than
twenty-five feet (251) to a side or rear .lot
line, or closer than fifty feet (509 to anoth-
er building in said zones, unless separated by
an unpierced wall constructed so as to offer at
least three- (3-)hour fire resistance, accord-
ing to current building code in effect in
County, in which case the setbacks prescribed
for any other building in said zone shall apply.
(r) LIQUOR -BEER -WINE USES - No premises shall be used,
nor a use and occupancy permit issued for the sale of liquors, beer
or wine for on -the -premises consumption, unless all the provisions
of this Resolution and the distance requirements of the County are
met.
(1) For the purpose of these regulations "intoxic-
ating liquors" shall be as defined in Chapter
16744, Acts of 19350 Laws of Florida, and
amendments thereto.
(2) Exceptions to distance requirement. Restaur-
ants seating 200 or more, hotels and motels
with fifty (50) or more guest rooms, aid ap-
proved shopping centers containing five (5) or
more acres with fifty percent (50%) of planned
construction completed, are exempt from dis-
tance requirements.
(3) In applying distance requirements under this
Section, measurements will be taken in a
straight line and computed from the front door
of the proposed place of business to the near,
est point of the grounds on which the church
or school facility is located.
(s) ACCESSORY BUILDING -
(1) Temporary. No garage, tent or outbuilding
shall be erected or used for residential pur-
poses in any Zone, except by special permit
obtained from the Zoning Director, and only
concurrently with the construction of the main
building, which permitted temporary period of
use or'occupancy shall not exceed six (6)
months. Said temporary garage, tent or out-
building shall be not closer than fifty feet
(501) to the front property line, nor closer
than ten feet (lot) from any side or rear
lines, exe.-Ot cas provided herein. Real Estate
Sales Officer may be erected for such temporary
use not closer than twenty-five feet (251) to
the right-of-way, nor closer than ten feet (101)
to side or rear property lines.
Page 16 Sec. 4 Contld
(2) Permanent. Accessory buildings shall not be
closer than fifty feet (50' ) to the front pro-
perty line, except where it is desired to place
an accessory building closer than fifty feet
(50') to the front property line, the side
line offset distance required for such lot
shall be increased on both sides by the number
of feet less than fifty feet (50' ) above re-
ferred to, provided such setback from the front
property line is at least fifteen feet (15')
greater than the setback for any principal re-
sidentiai building in the same block, and said
front line setback is not less than forty feet
(401). Accessory buildings shall not occupy a
greater percent of the rear yard area than the
following:
RU&EU
BU & IU
PERCENT
25
30
Where less than twenty percent (20%) of the
lot is available for rear yard, the above
percentage available for accessory buildings
shall be correspondingly reduced. On lots
occupied by apartments, hotels, stores, clubs
or other buildings, at least one and one-half
(1-1/2) square feet of open yard area shall
be provided for each lineal foot of septic
tank drain tile.
(t) GARBAGE - Garbage or other refuse shall not be
spread upon the ground, fed to hogs, goats or other animals within
five hundred feet (5001) of any building, used for residential
purposes (except where occupied exclusively by the person making
such use of the premises) or within any residential zone, nor five
hundred feet (500') therefrom, nor shall such use be permitted
within five hundred feet (500') of the boundary of any municipal
corporation, nor within two hundred feet (2001) of any arterial
highway.
Garbage and trash may be burned in a container which
prevents particles from being carried to nearby structures by the
wind, provided said container is located so that objectionable
odors are not a nuisance to neighboring residents, which distance
in no case shall be less than sixty feet (601) to any building
occupied by persons other than the family of the person burning
said garbage, or located closer than twenty-five feet (251) to
any structure.
(u) CEMETERIES, MAUSOLEUMS, CREMATORIES - No premises
shall be used or occupied for the purpose of a cemetery in any
zone unless approved after a public hearing.
No land for which a plat has not been recorded for a
cemetery shall be used for any burials. The dead shall not be
buried or placed closer than fifty feet (50' ) to any highway
right-of-way which is seventy (70') feet or more in width, nor
Page 17 Sec. 4 Cont'd
closer than twenty-five feet (251) to any highway, the right-of-way
width of which is less than seventy (701) feet, nor closer than
twenty-five feet (251) to any other property line.
(v) UNUSUAL USES - Any use of premises in a residential
zone which conflicts with normal and expected use in said zone is
prohibited. Occupations which are operated as a business shall not
be permitted in any zone where such use obviously is in conflict
with the prescribed and expected uses therein.
Where it is proposed to use any premises in any zone for
an unusual purpose not specifically prohibited which might cofflict
with existing use of other neighborhood premises, or possibly de-
preciate the value of neighborhood property or affect the health,
safety, morals or welfare.of any community, such as a proposed use
for a frog farm, dog training track, night club, gypsy camp, Indian
village, outdoor motion picture theatre, dynamite storage, zoo, or
any other proposed new use or extension of existing use, a public
hearing shall be held by said Zoning Director before a permit shall
be issued or denied. Unless otherwise specified herein, said dis-
tance for the radius of property to be considered shall not be less
than five hundred feet (500t) nor more than one thousand feet
(1,0001).
(w) JUNK YARDS AND FEES - Neither junk nor trash shall
be deposited in any portion of a residential or business zone. No
Junk yard shall be established or enlarged without a permit from
the Monroe County Zoning Office. Junk shall not be deposited nor
allowed to accumulate on any premises within three hundred feet
(3001) of a public street or highway, except as provided in an
Industrial Zone. Junk yards shall be surrounded by a solid or
louvered fence or wall eight feet (81) high, and said fence or
wall, unless of approved masonry construction and of uniform color,
shall be painted yearly, in a color and with material of a nature
approved by the Monroe County Zoning Director. All junk yards in
existence on the date of this Resolution will comply with this
fence or wall requirement within two (2) years from the date of
this Resolution.
All junk yards shall conform to the provisions of the
Laws of Florida. A fee of Ten Dollars ($10.00) shall accompany
all applications for junk yard permits. Said permit shall not be
issued for more than the fiscal year, but may be renewed each year
upon the payment of a Five Dollars ($5.00) renewal fee, provided
all State and County Laws and zoning regulations are complied with.
(x) PITS, QUARRIES AND EXCAVATIONS (OTHER THAN DRAINAGE
FACILITIES) - No excavation below the level of any street or high-
way shall, be made for a purpose other than the foundation of a
building, fence or other structure to be constructed immediately,
except as herein provided. All excavations shall be refilled after
construction of such foundation in a manner which will prevent ac-
cumulation of stagnant water or other hazard.
No excavation of any character shall be allowed within
seventy-five feet ( 751 ) of any right -Of -way line of any highway,
street -or road, nor within one hundred and fifty feet (1501) of
any arterial highway or closer than one hundred and fifty feet
(1501 to the limits of any highway having a right-of-way wider
Page 18 Sec. 4 Cont'd
than fifty feet (501), nor within fifty feet (501 ) of any property
line, unless said e.xca.vatior_ is to be immediately refilled with
material of a suitable character.
Where it is permitted to excavate closer at any point
than fifty feet (501 ) to any property line, or seventy-five feet
(751) to a secondary road, or closer than one hundred and fifty
feet (1501) to a highway right-of-way of fifty feet (501) or more
in width, the excavation shall be backfilled in accordance with
the requirements herein; but in no event shall such pit be carried
closer than twenty-five feet (251) to any property Line. Where
backfilling is required, the sides of the excavation shall be no
steeper than a slope of two feet (21) measured horizontally to one
foot (11) measured vertically, for the entire depth of the excava-
tion.
Material shall not be excavated, dredged, pumped out or
otherwise removed after the elevation of the remaining sand, earth,
rock and other material becomes approximately constant and no
longer is lowered in approximate proportion to the volume of the ti
material removed.
Before operations are completed in any part of an exca-
vation, the sides and bottom shall be cleaned up to a uniform sur-
face and left in a sightly manner and appearance acceptable to the
Monroe County Zoning Director. Where arrangements are made to use
such excavation or pit for park purposes, the banks shall be graded
to the limits agreed at the time the permit was issued.
Before abandoning a pit, the bottom shall be graded to
allow all water to drain to a sump. Said sump shall be not less
than fifteen feet (151) square, and dug to a depth sufficient to
maintain a head of water of not less than two feet (21) under
normal conditions.
Application for a permit to excavate material on any
premises shall be accompanied by a certified survey of the pre-
mises to be used. Plan of the certified survey shall show the
limits of the proposed excavation. The application shall be ac-
companied by a fee of Five Dollars ($5.00). A permit shall not
be issued for rockpits or other excavations (other than for foun-
dations or approved structures) without a public hearing, except
in an IU (industrial) Zone or where the owners of property within
one thousand feet (1,0001) signify written waivers of objections
to such pit. Permits shall not be issued for a longer period than
the fiscal year, and may be renewed upon payment of Five Dollars
($5.00) if all laws and regulations are complied with, and such
renewal of permit shall be made without waivers of objections or
public hearing.
Before the limits of any pit existing at the time this
Resolution is adopted are enlarged or extended beyond the outline
or limits of the present excavation, the owner or operator shall
apply for a permit. Said application shall be accompanied by a
certified map made from a certified survey showing the limits of
the present excavation and of the proposed limits, together with
the boundary of the premises owned or leased by the applicant.
The Monroe County Zoning Director shall issue a permit without
waivers of objection or public hearing for such use where opera -
Page 19 Sec. 4 Cont'd
tions are to be conducted within the limitations and according to
the regulations prescribed herein.
(Y) FILLING OF PITS - Rock pits may be filled with the
approval of the Zoning Director under the following conditions:
(1) That the applicant for permit and the property
owner comply with such terms and conditions as
may be required by the County Zoning Director,
County Health Department and Fire Authority
having jurisdiction over the area in question;
the conditions shall be such that they will
prevent the dumping of fill into the pit which
might cause objectionable odors or which might
cause the operation to be detrimental to the
health, safety and general welfare of the ad-
jacent neighborhood, and which will prevent
promiscuous dumping by unauthorized persons.
SECTION 5
ZONE GU - GENERAL (Interim District):
Boundary of Zone GU shall be the entire unincorporated
area of Monroe County, excepting the areas specifically covered by
another zone as shown by the maps accompanying this Resolution or
amendments thereto.
USES:
(a) No land, body of water and/or no structure shall be
used or permitted to be used; and no structure shall be hereafter
erected, constructed, moved, reconstructed or structurally altered
or maintained in any Zone of Classification GU -General, which is
designed, arranged or intended to be used or occupied for any pur-
pose, excepting for One (1) or more of the following uses, unless
otherwise provided:
(1) Single family dwellings with their customary
accessory uses.
(2) Agriculture uses.
(3) Clubs, including country, golf, gun and fish
clubs or similar enterprises, and ranges.
(4) Athletic Fields and Stadiums.
(5) Power plants and sub -stations, water pumping
stations, television and radio transmission
towers.
(6) Fishing camps on isolated islands.
(7) Churches (two (2) acres).
LOT AREA - MINIMUMS:
Lot area one (1) acre - Frontage 125 feet
Depth 125 feet
Page 20 Sec. 4, Sec. 5 Cont t d
i
SECTION 6
ZONE EU - ESTATES - SINGLE YADII:IN' RESIDENCE DISTRICT:
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter
erected, constructed, moved, reconstructed or structurally altered
or maintained in any Zone of Classification EU, which is designed,
arranged or intended to be used or occupied for any purpose ex-
cepting for one (1) or more of the following uses, unless other-
wise provided:
USES:
1. Same as RU-1 Zone.
LOT AREA - MINIMUMS:
Lot area 12, 000 square feet.- Frontage 100 feet
Depth 100 feet
SECTION 7
ZONE RU-1 - SINGLE FAMILY RESIDENCE DISTRICT:
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter erect-
ed, constructed, moved, reconstructed or structurally altered or
maintained in any Zone of Classification RU-1, which is designed,
arranged or intended to be used or occupied for any purpose, ex-
cepting for one (1) or more of the following uses, unless other-
wise provided:
USES:
1. Every use as a l-family residence, including every
customary use not inconsistent herewith, including a private
.garage, servants' quarters or guest house, without kitchen facili-
ties, may be constructed; provided owner of land signs a written
recordable instrument running with the land, confining structure
use to occasional guests without charge and servants.
(a) ADDITIONAL USES PERMITTED:
(1) Public recreation buildings, playgrounds,
parks or reservations owned and operated
by a municipality, County, State, or the
United States Government.
(2) Churches and Schools.
(3) Golf Courses.
(4) Poultry and fowl may be kept, bred or
maintained, strictly for home consumption..
Page 21 Sec. 6, Sec. 7 Cont'd
not closer than twenty-five feet (251) to
any residential building, provided that,
prior to such use, all of the residents
within two hundred feet (2001) of the
premises on which usage is proposed, shall
file with the County Zoning Director a
written consent thereto, or after a public
hearing in accordance with these regula-
tions; and provided further that the per-
son or persons keeping said poultry or
fowl shall remove same from said premises
within ten (10) days after one-half (1/2)
of said residents shall have filed written
objections to such usage which can be sub-
stantiated on the ground that it is a
nuisance. The raising of fowl and poultry
for a profit is prohibited in all resi-
dential zones.
(5) Home occupations will be permitted only
upon approval after public hearing or
after written waivers from all property
owners within two hundred feet (2001) of
the premises filed with the Zoning
Director.
(6) Power and telephone exchange and trans-
mission facilities (building structures
to have residential appearance, land-
scaped, maintained and with consent of
owners, within one hundred feet (1001).
(7) Sewer plants when necessary to serve the
immediate area located on a tract of suf-
ficient size to take care of all future
expansion, tracts to be landscaped and
maintained; provided minimum setbacks of
one hundred feet (1001) are maintained on
all sides; provided written waivers are
obtained from all property owners within
two hundred feet (2001) of the premises.
(8) Sewer lift station locations shall be
designated by the Zoning Director after
considering all engineering and other
factors.
(9) Private boat pier or slip for the use of
occupants of principal residential struc-
tures of the abutting lot; provided said
pier or slip does not interfere with
navigation.
(b) PROHIBITED USES:
(1) The breeding or raising of any insects,
reptiles or animals other than customary
pets.
Page 22 Sec. 7 Cont'd
(2) Commercial boat piers or slips for docking
of private water craft.
(3) It stall not be permissible to keep, breed
or maintain horses, sheep, cattle or goats
in an RU Zone, except that where written
waivers of objections are filed from pro-
perty owners within three hundred feet
(3001) from the area to be so Used, a con-
ditional permit subject to annual renewal
may be issued for the housing of any of
the aforesaid animals strictly for per-
sonal use of the occupant of the premises;
provided same are not housed or kept
closer than one hundred feet (1001) to any
residential building on adjoining property
nor closer than fifty feet (50') to any
residential building on the premises of
the owner.
LOT AREA - MINIMUMS:
Lot area 6,000 square feet - Frontage 60 feet
Depth 75 feet
ACCESSORY BUILDINGS:
Accessory buildings shall not be closer than fifteen feet
(15') to another building.
SECTION 8
ZONE RU-2 - TWO-FAMILY RESIDENCE DISTRICT:
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter erect-
ed, constructed, moved, reconstructed or structurally altered or
maintained in any Zone of Classification RU-2, which is designed,
arranged or intended to be used or occupied for any purpose, ex-
cepting for one (1) or more of the following uses, unless other-
wise provided:
USES:
1. Every use permitted in EU and RU-1 Zones, subject to
the same requirements and restrictions specified therefor in said
Zones; unless otherwise provided in this Section.
2. On lots meeting the requirements of this Section,
every use as a duplex or two- (2-)family residence, including two
(2) private garages. Where two (2) separate buildings are erected
to house separate families on a single lot, one (1) shall be placed
to the rear of the other and not side -by -side within the minimum
lot width required herein, except as follows:
Page 23 Sec. 7, Sec. 8 Conttd
0 =9 ! • 0
A single family residence on a lot of required
size in this zone may be joined to a single
family residence on an adjacent lot by means
of a common porte cochere of two-(2)car width;
provided the buildings are entirely of masonry
construction, are constructed simultaneously,
and the setback of the sites opposite the
joined buildings each are increased at least
by the distance saved by said joinings, and
provided also that no second residence build-
ing and no accessory building is constructed
on lots so occupied.
3. Every use as a secondary or subordinate single
family residence or one (1) family garage apartment on the rear
portion of a lot where there is only one (1) single family resi-
dence on the front portion of said lot, at least fifteen feet (151 )
between buildings.
PROHIBITED USES:
1. The use of any lot in a subdivision platted and re-
corded prior to the adoption of these regulations for more than a
one-(l)family residence is prohibited where the area of the lot is
smaller than specified in this Section. Neither the guest house
nor.servantst quarters shall be permitted on a single lot having
less than seven thousand five hundred feet (7,5001) square, in an
area which is occupied by a two-(2)family or two (2) single resi-
dences in an RU-2 Zone.
LOT AREA - MINIMUMS:
Square footage of principal building or buildings shall
be one and one-half (1-1/2) times the square footage that would be
required for the construction of a single family residence in the
Zone.
Lot area 6,000 square feet - Frontage 60 feet
Depth 75 feet
SECTION 9
ZONE RU-3 - MULTIPLE FAMILY HOTEL AND MOTEL DISTRICT:
Districts: The following regulations shall apply in all RU-3
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter erected,
constructed, moved, reconstructed or structurally altered or main-
tained in any Zone of Classification RU-3, which is designed, ar-
ranged or intended to be used or occupied for any purpose, excepting
for one (1) or more of the following uses, unless otherwise provided
USES:
1. Every use permitted in the preceding RU-1 and RU-2
Page 24 Sec. 8, Sec. 9 Cont'd
Zones, subject to the requirements and restrictions specified
therefor in said Zcneq
2. Apart, lent houses.
3. Apartment Hotels.
4. Hotels and Motels.
5. Business or commercial establishments of the BU-1
type and bars shall be permitted in hotels, motels or apartment
hotels with fifty (50) or more guest rooms or apartment units,
providing the exterior of any such building shall not have store
fronts or give the appearance of commercial or mercantile activity
as viewed from the highway. Such business or commercial esta-
blishments in this district shall be entered only from within the
building, except that an additional entrance or door shall be per-
mitted where the same opens unto a courtyard or patio (away from
the street side) which is enclosed and which is not visible from
the street, and except that a fire door or exit shall be permitted,
providing that the same is equipped with panic -type hardware and
locks, and is maintained in a locked position except in emergency.
Hotels and apartment -hotels which extend from a street to the
ocean or bay, which have the required fifty (50) guest rooms or
apartment units, may have the business or commercial establish-
ment on the extreme end of the structure on the waterway side,
with a direct opening providing that the opening is from the
waterway side and cannot be viewed from a street or highway. These
restrictions shall not apply when the site is in a commercial dis-
trict, and these commercial uses are a permitted use in said dis-
trict. Also, hotels or motels in an RU-3 District with twenty (20)
or more guest rooms, may have a restaurant for the accommodation of
its guests, provided it can meet the requirements of this Paragraph.
6. Hospitals, convalescent homes, eleemosynary and
philanthropic institutions. Public hearing for mental, etc.
7. Multiple Family Housing Projects - where it is de-
sired to locate buildings without regard to interior side lot lines,
rear lot lines and spacing requirements. Permitted only after
public hearing.
8. Private clubs, lodges, fraternities and sororities
whose parent organization is statewide or national in scope; pro-
vided parent organization has been in existence five (5) years,
otherwise a public hearing shall be held.
9. Cabanas, provided they are strictly incidental to
apartment house, apartment hotel, motel or hotel. Cabanas shall
not be used for overnight sleeping quarters.
10. Public Art Galleries, Public Libraries, Public
Museums, Medical and Dental Clinics.
11. not-ls or apartment hotels with fifty (50) or more
guest rooms or apartment units may contain liquor package use on
the premises, for the accommodation and use of their guests only,
providing the establishment housing such use is entered only from
within the building and does not have the appearance of commercial
or mercantile activity as viewed from the highway. No advertise -
Page 25 Sec. 9 Cont'd
ment of the use will be permitted which can be seen from the out-
side of the building. These restrictions shall not apply when the
hotel, motel or aparl.-Ment hotel site is in a commercial district
and the package store is a permitted use.
12. Kindergartens and Day Nurseries.
LOT AREA - MINIMUMS:
Lot area 10,000 square feet - Frontage 100 feet
Depth 100 feet
.Minimum lot area per family or living unit for an apart-
ment house, motel or hotel shall be four hundred (400) square feet.
LOT COVERAGE:
The maximum area covered by all buildings on the lot shall
not exceed fifty percent (50%) of the lot.
PRINCIPAL BUILDING SETBACKS:
1. Minimum setback from the front right-of-way line
shall be twenty-five feet (25t).
2. Minimum setback from any side property line abutting
a highway right-of-way shall .be fifteen feet (151).
3. Minimum setback from an interior side property line
shall be twenty feet (20t), except that under the following condi-
tions a fifteen -foot (151) side setback will be permitted:
(a) When the structure is limited to not more than
two (2) stories in height.
(b) Where doors, windows or other openings in the
building wall of a living unit face a wall of
the wing of the same building and/or a wall of
another building on the same site, there shall
be provided a minimum clear distance of not
less than thirty feet (301). Said distance to
be measured on a line projected at right angles
at the opening, from the wall containing the
opening to the opposite wall. These spacing
requirements shall apply to all structures on
the site; provided further, that cantilevers
and open porches may project from the building
wall into the required open space (court only)
not.more than four feet (41), and that stair-
ways may project from the building wall into
the required open space (court only) not more
than seven and one-half feet (7-1/21).
Stlairways, tvnen located in the required open
space 'court), shall be supported by the neces-
sary columns only, support by a wall is strict-
ly prohibited.
Accessory buildings (where not in violation
with the foregoing requirements) may be located
Page 26 Sec. 9 Cont'd
not nearer than fifteen feet (151) to the prin-
cipal structure or structures.
(c) Where structures are more than two (2) stories
in height, minimum required spacing shall be
forty feet (40t ).
OTHER SPACING:
No hospital, convalescent home, eleemosynary or philan-
thropic institution shall be located within one hundred feet (1001)
of any EU, RU-1 or RU-2 Zones, or within fifty feet (50t ) of any
property under different ownership.
SQUARE FOOT CONTENT:
The minimum square footage for an apartment house, apart-
ment hotel or hotel shall be three (3) times the square feet speci-
fied for a single family residence in the area.
CONSTRUCTION:
1. All multiple family structures and accessory build-
ings thereto shall be of masonry construction.
2. Hotels, apartment hotels, motels, apartment houses
and rooming houses shall be constructed or remodeled in accordance
with the rules of the Florida Hotel Commission. Minimum lot area
required per living unit or guest room shall be four hundred (400)
square feet.
3. Any building erected in this Zone which exceeds two
(2) stories in height shall be of fire resistive construction as
specified in the Building Code.
4. Cabaftas and other accessory buildings shall comply
with the Building Code.
OTHER REQUIREMENTS:
Provisions shall be made for a parking area off the high-
way right-of-way, as provided elsewhere in these regulations.
SECTION 10
ZONE BU-1 - NEIGHBORHOOD RETAIL BUSINESS DISTRICT:
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter erect-
ed, constructed, moved, reconstructed or structurally altered or
maintained in any Zone of Classification BU-1, which is designed,
arranged or intended to be used or occupied for any purpose, ex-
cepting for one (1) or more of the following uses, unless otherwise
provided:
Page 27 Sec. 9, Sec. 10 Cont'd
USES
1. Every i.,se per-mitted in the preceding RU Zones, and
unless otherwise specif'.c� �, all of the following commercial uses
shall be limited to retail business only:
2. Anticue Shops, Appliance Shops, Aquariums, Art Goods
and Brie -a -Brat Shops, Artists t Studios, Aud.itor:; is s, Automobile
Storage, Sale or dire, Au Jo11!ob le Tires (New) Retail Only, Automo-
bile Washing, Bait & Tackle Shops, Bakery Stores, Retail Only
(Baking permitted on premises), Banks, Barber Shops, Bath and Mas-
sage Parlors, Beauty Parlos, Bicycle Sales & Repairs, Billard Rooms
and Pool Rooms (Sound -proofed and Air Conditioned), Boats (Carrying
passengers - Rental -Hire -Sale -Docks, No Repairs), Cigar Stores,
Commercial Boat Piers or Slips for docking purposes only - Yacht or
Boat Storage for laying up, but not for repairs, Conservatories,
Contractorst Offices, Curio Shops, Dancing Halls and Academies
(Sound -proofed and Air Conditioned), Drug & Sundry Stores, Employ-
ment Agencies, Filling & Gasoline Service Stations (See Restric-
tions Below), Florist Shops & Landscape Offices, Fruit Stores -
Retail (Packing on the premises), Funeral Homes & Mortuaries (No
cremation), Furniture Stores, Garage (Community), Grocery Stores,
Haberdashery, Hardware Stores, Hat Cleaning and Blocking, Interior
Decorating - Costuming - Draperies, Jewelry Stores, Laundries -
hand and self-service, provided that a laundry in this area shall
provide a sanitary and safe disposal of waste water and operate
without producing smoke, Lawnmowers - Rental, Sales and Service -
Leather Goods Stores, Luggage Shops, Mail Order Offices, Meat
Markets - No live poultry - Messenger Offices, Millinery Stores,
Modistes - Wearing Apparel Stores, Furriers, Music, Radio and Tele-
vision Shops & Repairs, News Stands, Notions, Office Buildings,
Optical Stores, Paint and Wallpaper Stores, Parking Lots (Commer-
cial), Photograph Galleries, Post.Offices, Pottery Sales (No manu-
facturing), Professional Offices, Pressing Clubs, Cleaning and
Laundry Agencies, provided no gasoline or explosives of any kind
are stored or used, Shoe Repairing Shops, Shoe Stores, Show (Dis-
play & Sales Rooms), Soft Drink Stands, Souvenir Stores, Sporting
Goods Stores, Stationery & Book Stores, Tailor Shops, Theatres (No
Drive -Ins), Telephone & Telegraph Stations & Exchanges, Tea Rooms,
Restaurants, Cafeterias (No entertai=ent), Waiting Rooms and Ticket
Offices for Common Carriers, Confectionary Stores and Ice Cream
Stores, Private Clubs, Lodges, Fraternities, Sororities.
3. Material storage yards in connection with retail
sales of products where storage is incidental to the approved occu-
pancy of a store use on the premises or where the storage is inci-
dental to the approved occupancy of a contractor's office permitted
on the premises; provided all products and materials used or stored
are enclosed by a masonry wall or louvered fence, not less than six
feet (61) in height (painted and maintained in approved manner) or
within a masonry building. Storage of all materials shall not ex-
ceed the height of the wall; storage of cars, trucks and equipment
used in connection with the permitted trade or business may be per-
mitted within the walls.
4. Propagating and growing plants, shrubbery and trees
from an open lot, provided the area so used is set back at least
twenty-five feet (25' ) from all official rights -of -way, except that
individual samples for display purposes only may be located not
closer than the required building line. Fertilizer, compost, etc.,
Page 28 Sec. 10 Cont'd
shall be limited to quantities for immediate use and kept at least
One hundred feet (100') from residential buildings in RU 'and EU
Zones.
SPECIAL ADDITIONAL USES:
1. Where the second story of a commercial building is
to be used for apartments or any residential use, the entire build-
ing shall be of masonry construction, and said second story shall
not be closer than ten feet (101) to any side property line nor
closer than twenty feet (201) to rear property line, nor closer
than twenty feet (20') to the wall of another building, nor shall
any window or other opening be placed in a wall which is closer
than twenty feet (201) to an opposite wall. No window of any apart-
ment or commercial building shall open on a court unless all hori-
zontal distances across said courts are unobstructed for at least
thirty feet (301). Residential use above the second floor shall not
be permitted, except in buildings meeting the requirements of these
regulations.
PROHIBITED USES:
In no case in a BU Zone shall a commercial building be
placed closer than five feet (51) to a side or rear property line,
unless the outside walls are constructed as to offer at least two-
(2)hour fire resistance, nor shall any window or other opening be
placed in any wall closer than -twenty feet (201) to another build-
ing; when any part of a structure in a BU Zone is used for resi-
dential purposes, or where no sewer connection is available, a
rear yard at least twenty feet (201) deep shall be provided for
septic tanks and open space.
For the purpose of emphasis and clarity, the following
operations and uses are specifically prohibited in any Zone of BU-1
Classification:
1. Bars or Beer Gardens, except where such bars are
located entirely within hotel, motel or apartment hotel building
having at least fifty (50) guest rooms, used and operated prima-
rily as a hotel, motel or apartment hotel, such other business
being strictly incidental to the principal use as a hotel, motel
or apartment hotel.
2. Bowling Alleys, unless sound -proofed and air condi-
tioned.
3. Skating Rinks, unless sound -proofed and air condi-
tioned.
4. Construction, erection, maintenance or use which
might constitute an eyesore or nuisance to the community.
5. Internal Combustion Engines or Steam Engines, unless
objectionable vibration is eliminated and each engine equipped and
operated only with an effective muffler or silencer so as to elimi-
nate unnecessary noise, and offensive gases are satisfactorily
disposed of.
6. Mechanical Garages.
Page 29 Sec. 10 Cont'd
7. Beer, Wine or Alcoholic Beverage Stands.
.8. Truck Terminals and Stops..
9. Laundries and Dry_Cleaning.
10. Sale.of fruit or merchandise from trucks, wagons or
other vehicles, parked on or along public roads, streets, avenues
or on private or public property, or from vacant lots or open
stands° Such business shall be conducted only from permanent,
substantial structures; provided, however, that this shall not
apply to public market places and other approved locations where
stands have been constructed according to plans approved by the
County.
11. Erection of buildings or structures on premises
having a depth of .less than seventy-five feet (751), except upon
obtaining a variance.
RESIDENTIAL BUILDINGS IN BU ZONES:
No residential buildings, including rooming houses,
hotels, apartment houses or any portion of a commercial building
used for living quarters shall be erected in any BU Zone at a
lesser distance than twenty feet (201) from any residential build-
ing.
BUSINESS OR INDUSTRIAL PROPERTY ADJACENT TO RESIDENTIAL ZONES:
Where business or industrial property is adjacent to a
lot line of property of an RU or EU Classification, or a common
line used to separate a residential zone from a BU or IU Classifi-
cation, no business or industrial or other structure of any kind,
or any part thereof, may be erected, nor shall materials or garbage
cans or refuse be exposed or allowed nearer to such residential
district than fifteen feet (151) to the lot line, except where the
required separation is.obtained by -an alley. In the case of a
corner, where any RU or EU Zone is less than one hundred feet (1001)
from the main business or industrial, frontage, an open space in the
business or industrial zone, adajacent to the side of such RU or EU
Zone shall be provided with a minimum width of fifteen feet (151)
from the residential lot line, and no business structure shall be
placed closer than twenty feet (201) to a residence.
No exit shall be permitted directly into any residential
portion of a building from that portion in which food is handled
for sale to the public; see State Sanitary Regulations.
SETBACKS, YARD AREA, ETC.:
The first story of a building used for business may be
placed up to the side lot line where the adjoining lot is also
zoned for business, provided the building is constructed of mason-
ry; provided an alley or street abuts the lot in the rear; and
provided the required rear yard area is available. For setback re-
quirements of business buildings adjacent to residences, see Busi-
ness or Industrial Property Adjacent to Residential Zones, above,
of these regulations. The setback from the side property line on
corner lots shall conform to that required for other buildings in
Page 30 Sec. 10 Contfd
the same block on said side street, but said setback in no case
shall be less than fifteen feet (151) .
An alley at least twenty feet (201) in width shall be
provided at the rear property line of all lots in future subdivi-
sions in the BU Zones, unless approved as a shopping center:
Unless additional yard space is required for a septic
tank drain fie"O.I, tl.;:� near setback distance for a building in a
BU Zone which is adjacent to a residential zone,.shall be as fol-
lows:
1. Where no alley separates the business and residen-
tial lots, not less than fifteen feet (151) for a masonry building
or not less than twenty feet (201) for a frame building.
2. Where the alley -exists, the rear setback shall be
not less than five feet (51), but additional setback shall be re-
quired for either frame or masonry to equal the number of feet the
alley is under twenty feet (201) in width.
OTHER REQUIREMENTS:
1. All business uses, and all materials and products
shall be confined within substantial buildings completely enclosed
with walls and roof, unless.otherwise provided herein.
2. Application for motor fuel and oil filling or service
station paved areas, driveways or curb cuts, shall be submitted to
and approved by the County Zoning Director and/or the Florida State
Road Department before permit can be issued.
3. Motor fuel and oil service stations may perform
minor automobile repairs as follows, and none other:
(a) Sale and servicing of spark plugs and batteries.
(b) Tire repair and servicing, but no re -capping.
(c) Replacement of mufflers and tail pipes, water
hose, fan belts, brake fluid, light bulbs,
floor mats, seat covers, wiper blades, arms
for windshields, and replacement of grease
retainers and wheel bearings.
(d.) Radiator cleaning and flushing.
(e) Washing and polishing.
(f) Greasing and lubrication.
(g) Exchanging fuel pumps and installing fuel
lines.
(h) Minor servicing or replacement of carburetors.
(i) Emergency wiring repairs.
(j) Adjusting brakes and installing exchange brake
. shoes.
Page 31 Sec. 10 Contld
(k) Tuning engines, with the exception of
grinding valves, cleaning carbon or re-
moving the head of engines and/or crank
case.
SHOPPING CENTERS:
Shopping centers containing more than two (2) acres may
have added restrictions placed on the area to best serve the Public.
Welfare when said use is approved after a Public Hearing.
LOT AREA - MINIMUMS:
Lot area 6,000 square feet - Frontage 60 feet
Depth 75 feet
Principal Building - 300 square feet
SECTION 11
ZONE BU-2 - GENERAL RETAIL AND WHOLESALE BUSINESS DISTRICT:
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter erect-
ed, constructed, moved, reconstructed or structurally altered or
maintained in any Zone of Classification BU-2, which is designed,
arranged or intended to be used or occupied for any purpose, ex-
cepting for one (1) or more of the following uses, unless otherwise
provided:
USES:
1. Every use permitted in all preceding RU and BU Zones
subject to all the requirements and restrictions specified therefor
in said Zones, except sound -proofing and air conditioning as re-
quired for certain uses in BU-1.
2. For clarity and emphasis, the following uses are
authorized for this Zone Classification:
Airports, Airplane Hangars or Airplane Repair Shops;
Amusement Enterprises, Armory or Arsenal, except
where ammunition is manufactured; Automobile Parts
(second hand), from store buildings only; Automobile
Top and Body Work and Repairs; Automobiles (used) -
sale of, from vacant lots; Automobile Painting,
Bakeries, Barbecue Stands or Barbecue Pits, Beer
Gardens and Saloons, Bottling Beverages, Cabinet
Making, Carpentry, Cold Storage Warehouses and Pre -
Cooling Plants, Contractors Plants and Storage Yards
(Yards enclosed with six-foot (61) wall, louvered
fence or chain link fence); Dry Cleaning and Dyeing
Establishments; Engines - Gas, Gasoline, Steam and
Oil - Sales and Service; Feed and Hay for Animals and
Stock, Fertilizer Stores, Fish Houses - Wholesale
Selling of Seafoods; provided no such store is loca-
ted within three hundred feet (3001) of any RU or EU
Page 32 Sec. 10, Sec. 11 Cont'd
Zone Boundary; Fruit Packing and Preserving, Garage
or Mechanical Service, Glass Installation, Ice
Plants, Laundries and Hand Laundries, Leather Goods
Manufacturing, excluding Tanning; Locksmith Shops -
Sharpening and Grinding Shops; Lumber Yards (Yards
to be enclosed by a six-foot (61) wall, louvered
fence or chain link fence); Manufacture and Assembly
of: Clothing and Garments, Scientific, Electronic
and Optical Equipment, Souvenirs and Novelties, Milk
Products and Confectioneries;` Pavrn Shops, Plumbing
and Electrical Shops, Poultry Markets, Printing
Shops; Railroad - Motor Truck, Water Freight and
Passenger Stations; Restaurants with Entertainment;
Second Hand Stores for the disposal of Furniture,
Fixtures, Tools and the like, inside.an approved
structure only; Service Stations for Automotive
Vehicles and U-Haul Service; Ship Chandlery, Testing
Laboratories, Tinsmiths, Roofers, Plasterers,
Plumbers and Electricians; Tire Vulcanizing or Re-
treading or Sale of Used Tires; Upholstering Shops,
Wholesale Salesrooms and Storage Rooms, Dog and Pet
Hospitals, Pet Shops and Dog Beauty Parlos which
comply with the following requirements: Such use
shall be entirely confined to a building constructed
of masonry, which prevents the emission of sounds
and odors; Television and Broadcasting Stations,
including studio, transmitting station and tower,
power plants and other incidental and usual uses
pertaining to such stations.
REQUIREMENTS:
All business establishments or rebuilding or repairing
places in any BU-2 Zone, all materials and products shall be stored
and all business operations or rebuilding or repairing carried on
entirely within substantial buildings completely enclosed with
walls and roof, unless otherwise provided.
All other Requirements same as BU-1 Zone.
LOT AREA - MINIMUMS:
Same as BU-1 Zone.
PROHIBITED USES:
All manufacturing not listed in this Section.
SECTION 12
ZONE IU - INDUSTRIAL ZONE:
No land, body of water and./or no structure shall be used
or permitted to be used, and no struc4%-.1u2c shall be hereafter erect-
ed, constructed, moved, reconstructed or structurally altered or
m.aintained in any Zone of Classification lU, which is designed,
Page 33 Sec. 11, Sec. 12 Cont1d
arranged or intended to be used or occupied for any purpose, ex-
cepting for one (1) or more of the following uses, unless otherwise
provided:
1. Any Business authorized in BU Zone.
2. Automobile parts from Used Cars, provided the area
utilized for automobiles and parts is enclosed by a solid wall or
fence not less than eight feet (81) high, to be painted and main-
tained in an approved nua.nner; but in no event shall dismantled cars
be allowed to accumulate on the premixes; Blacksmith - Gas Steamfit-
ting Shops; Boat or Yacht repairing or overhauling, or Boat Build-
ing; Boat Slips used for the tying up, of boats for the purpose of
overhauling or repairing; Bretirery, Canning Factories, Carpet Clean-
ing, Dredging Base or place where dredging supplies are kept and
where dredges or boats or machfinery are stored, repaired or re-
built; Fertilizer, Fruit Packing and Fruit Preserving; Furniture
Manufacturing, Ice Manufacturing, of more than ten (10) tons daily
capacity; Insecticide Manufacturing, Livery Stables - for riding
clubs, or a stable for sheltering horses, not closer than three
hundred feet (300') to an R Zone; Food Products, including the
grinding,_cooking, roasting, preserving, drying, smoking or airing
of meats, fruits or vegetables (where more than five (5) persons
are employed on premises); Machine Shops, Marine Warehouses, Matt-
ress Manufacturing and Renovating, Metallizing Processes, Milk or
Ice Distributing Stations from which extensive truck or wagon deli-
veries are customarily made; Mil"! Work Shops, Motion Picture Pro-
duction Studios, Novelty Works, Ornamental Metal - Work Shops;Power
or Steam Laundries; Shipyards an-d Draydocks; Storage Warehouse for
food, fodder, etc.; Textile, Hosiery and Weaving Mills, not closer
than two hundred feet (2001) to an RU or EU Zone; Welding, Wood and
Coal Yards, Railroad Shops, Warehouses for storage or products in
the form sold in a BU Zone.
The following uses shall not be permitted within two
hundred and fifty feet (250' ) of an EU or RU Zone:
1. Asphalt Plants, Cement and Clay Products, such as
concrete blocks, pipe, etc.; Foundries, Metal Salvage Yards (enclos-
ed in a eight -foot (8') wall or louvered fence); Rock Crushing -
Fovndry; Rock and Sand Yards, Rock or Sand Crushing or Screening
Plants, Dynamite Storage; Saw Mills, Stone Cutting - Quarrying;
Storage Tanks for petroleum products that meet the requirements of
the National Board of Fire Underwriters; Soap Manufacturing, vege-
table by-products only.
The following uses shall not be permitted within one
thousand three hundred and twenty feet (1,320') of an EU or RU
Zone:
1. If any person, firm or corporation desires to use
premises. situated in Zone IU for the manufacture -or storage of any
article contained in the list given below in this paragraph, or for
any use or operation named in said list, or any similar use or
operation, special written permission from the County Zoning Direc-
tor shall be applied for in writing by the owner of the premises
proposed to be so used, or his legal representative, such applica-
tion to contain a full description of the proposed use or occupan-
cy, legal description of the premises, and description of the
structure or structures to be occupied thereby, and such special
Page 34 Sec. 11, Sec. 12 Cont'd
permit may be issued'by the Zoning Director; provided premises are
at least one -quarter (1/4) of a mile from an RU or EU Zone, or a
public hearing held:
Acetylene Gas
Acid
Animal Reduction Plants
Bleaching Powder
Bleaching Powder
By -Products of Fish
By -Products of Wood Distillation
Calcium Carbide
Celluloid
Cellulose Products
Chlorine Gas
Coal Tar Products
Creosote
Commercial Incineration of Refuse
Explosives
Fertilizer
Fireworks
Fish Cannery
Glue
Guncotton
Large Scale Sewage Disposal Plants
Livestock Yards
Matches
.Oil Refinery
Oil Wells
Paper and Pulp Mills
Phenol
Potash
Page 35 Sec. 12 Cont'd
Product .of - Compound of Hydrocyanic Acid
Pyroxylin Plastic
Refuse -Disposal Plants
Size or Gelatine
Slaughter House
Smelting
Soap.Manufacturing, All Types
Wool Pulling
.. SPECIAL. REQUIREMENTS:
1. No establishment or industrial use permitted in this
...Section, however, shall be located within one hundred feet (100t)
of.any RU.or EU Zone Boundary, except after a public hearing.
2. At all manufacturing establishments or rebuilding or
repair places permitted in any IU Zone, all materials and products
shall be.stored, and all manufacturing or rebuilding, repairing or
renovating operations carried on entirely within substantial build-
ings -or completely enclosed within substantial approved walls or -
.fences, excepting only Shipyards, Dry Docks, Boat Slips and the
.like,, where necessary frontage on the water may be open.
3. The premises used by gasoline, oil and petroleum
storage -tanks shall be surrounded by an unpierced fire wall or dyke
of such height and dimensions as to contain the maximum capacity of
aforesaid tanks with twenty percent (20%) margin of safety, All
storage tanks and adjacent structures shall meet the requirements
of the National Board of Fire Underwriters, as issued for 1938 or
later.
4.- The foregoing paragraph requiring an unpierced fire
.wall or dyke shall not apply to storage tanks containing liquified
.petroleum, commonly known as bottled gas; such tanks may be erect-
ed without said wall or dyke.
.PROHIBITED USE:
.. 1. Residential Buildings: No building shall be erect-
ed, reconstructed,_ altered or moved for residential use in an IU
Zone.
SETBACKS:
Same as BU Zone.
CONSTRUCTION:
Masonry or.better.
Page 36 Sec. 12 Conttd
•
LOT AREA - MINIMUMS:
Lot area 10,000 square feet - Frontage 100 feet
Depth 100 feet
Principal building - 300 square feet
SECTION 13
TRAILERS - TRAILER PARKS:
No Trailer, no Trailer -Park, no body of water, or land
in the unincorporated area of Monroe County shall be used as a
Trailer Park or as a single Trailer occupancy, unless otherwise
provided for in this Section.
1. DEFINITIONS:
(a) TRAILER COACH SPACE is a plot of ground with-
in. a Park or Court designated for the accom-
modation of one (1) trailer coach or mobile
home.
(b) SERVICE BUILDING is a building housing sepa-
rate toilet Eaid bathing facilities for men
and women, and also having laundry facilities
and slop -water closet.
(c) HEALTH OFFICER is the legally designated
health au'-hority of Monroe County or his
authorized agent.
2. PERMITS:
(a) It shall be unlawful for any person to con-
struct, maintain, operate or alter any trailer
park within the limits of the County without
a permit from the Zoning Department and appro-
val by the Health Officer. All applications
for permits shall be made to the Zoning De-
partment, who shall issue a permit upon com-
Page 37 Sec. 12 Conttd
plianee by the applicant with the provisions of these regula-
tions. Every person holding such a permit shall give notice
in writing to. the Health Officer within forty-eight (48) hours
after having sold, transferred, given away or otherwise dis-
posed of interest in or control of any trailer park. Such
notice shall include the name and address of the person suc-
ceeding to the ownership or control of such trailer park.
(b) A COMPLETE PLAN for the purpose of obtaining
permits to be issued by the Zoning Director and
the Health Officer, shall show:
(1) The area and dimensions of the tract of
land.
(2)' The location of the service building or
buildings, and any other proposed struc-
tures.
(3) The location and width of roadways and
walkways.
(4) The location of water and sewer lines.
(5) plans and specifications of all buildings,
and other improvements constructed or to
be constructed within the trailer park.
(6) Drainage Plan: A drainage plan for the
entire park showing draining of land and
streets, together with a sketch showing
ultimate disposition of all surface drain-
age waters, and must be prepared by a re-
gistered engineer or surveyor.
3. INSPECTION:
The Health Officer is hereby authorized and directed to
make inspections during the period of.maximum occupancy of the park
or court to determine the condition of trailer parks located within
Monroe, County in order that he may perform his duty safeguarding the
health and safety of occupants of trailer parks and of the general
public. Whenever, upon inspection of any trailer park or court, the
Health Officer finds that conditions or practices exist which are in
violation of any provision of these regulations, the Health Officer
shall give notice in.writing to the person to whom permit was is-
sued; and unless such conditions or practices are corrected within
a reasonable period of time, to be determined by the Health Officer,
the permit shall be suspended. At the end of such period the Health
Officer shall re -inspect such parks and if such conditions or prac-
tices shall not have been corrected, he shall give notice in writing
to the person to whom the permit is issued that the permit has been
suspended. Upon receipt of notice of suspension, such person shall
cease operation of such trailer parka The inspection in accordance
with this regulation is in addition to any inspection made by an
accredited representative of the Florida State Board of Health.
Page 38 Sec. 13 Cont'd
4. SITE PROVISIONS:
-(a) The trailer park or court must be well drained,
not adjacent to swamps or marshes, and adequate-
ly lighted at night. A minimum width and/or
depth for a trailer park hereinafter established
shall be three hundred and thirty feet (330'),
and the min.imia. area shall be five (5 ) acres,
including one-half (1/2) the width of bordering
rights -of -way, except where it is proposed to
establish a trailer park adjacent to an existing
trailer park.
(b) LOT SIZE of each trailer coach area shall con-
tain a minimum of two thousand five hundred
(2,500) square feet, with a minimum width of
forty feet (401) measured along the front lot
line. '
(c) MINIMUM SETBACKS - FRONT, REAR AND SIDE:
Front 5 feet
Side (each) 5 feet
Rear 5 feet, including three-foot (3')
easements .for utilities
(d) MINIMUM STREET WIDTHS of any main road into a
trailer park from a County'or State Highway
shall have a minimum right-of-way of fifty feet
(50') along the entire length. Streets and
roadways within park area shall not be less
than thirty-five feet (35' ) in width (right-of-
way).
(e) PARK BOUNDARY AREA SETBACKS: No trailer space
structure or building will be located within
fifty feet (50' ) of a highway. "No trailer
space structure or building will be located
within twenty-five feet (25' ) of a property
line, unless adjacent lot is zoned for trailers
or is a BU or IU Zone, in which case the mini-
mum' setback is fifteen feet (151).
5. SERVICE BUILDINGS:
Each trailer park or court shall be provided with one (1)
or more service buildings adequately equipped with toilet; lavatory,
laundry and slop -water closet facilities in accordance with,tIle pro-
visions of the Sanitary Code of the State -of Florida as promulgated
by the Florida State Board of Health and comply with Monroe County
Plumbing Code.
6. WATER SUPPLY:
An adequate and safe water under pressure shall.be supp-
lied to -each trailer park or court. The source and distribution
system shall be approved by the Monroe County Health Officer. Each
trailer coach space shall have a water supply outlet. An adequate
supply of hot and cold water shall be provided at all times in each
service building.
Page 39 Sec. 13 Cont'd
s
7. SEWAGE DISPOSAL:
Waste from toilets, slop -water closets, bathtubs, showers,
lavatories and lavindries shall be discharged either into a public
sewerage system or inuo a private sewerage system and/or disposal
plant. The method of disposal shall be of such as to meet with the
County Health authority. Each trailer coach space shall have a
trapped sewer Inlet to receive all trailer coach wastes.
8. REFUSE DISPOSAL:
1
The collection, storage and disposal of refuse shall be in
accordance with the Sanitary Code of the State of Florida as promul-
gated by the Florida State Board of Health and Monroe County.
9. INSECT AND RODENT CONTROL:
Insect and rodent control measures to safeguard public
health as;provided by the Sanitary Code of the State of Florida and
recommended by the Health Officer shall be applied in all Trailer
Parks.
10. ELECTRICITY•
All electrical wiring in the trailer court shall comply
with the County Electrical Code. Each trailer coach space shall be
provided with a three-(3-)wire balanced 110-220 volt supply. All
entrances, exits and lanes between rows of trailers or cottages,
used or occupied in any trailer park, -shall be well lighted by elec-
tricity. At least one (1) 50-Watt light shall be provided at each
intersection or passageway.
11. PLUMBING:
The plumbing in any Trailer Park or court shall comply
with the County Plumbing Code.
12. PORCHES - CARPORTS AND AWNINGS:
Porch and/or carports, additions shall be permitted in
existing Trailer Parks at the time of adoption of this Resolution,
provided trailer unit plot setback requirements and porch and/or
carport construction requirements, as provided herein, or complied
with, provided no sani�ary violations exist in the trailer park.
Only one (1) porch and one (1) carport addition shall be permitted
to a trailer. No porch anal/or carport addition or awning shall be
constructed within ten feet (101 ) of another trailer, trailer porch
and/or carport addition, awning or other structure or building. In
no event shall a porch and/or carport addition extend more than
twelve feet (12' ) from .the limits:' of the trailer to which it per-
tains. No part of a trailer, trailer porch and/or carport addition
or awning shall be closer than five feet (51) to the limits of the
boundary of the trailer unit site or areaansigned to its occupant.
No parch and/or carport addition shall exceed ten feet (101) in
height, except that said height limitations shall not prevent the
use of a portable canvas shelter over the roof of the trailer. All
porch and/or carport additions and all awnings shall be constructed
in such a manner and approved by the Monroe County Zoning Director,
that will permit dismantling and storage within four (4) hours.
Page 40 Sec. 13 Cont}d
Permanent additions to trailers are prohibited. The floors of
trailer porches and carports may be of concrete or other wearable
materials.
13. TRAILER PARK OFFICE:
The Trailer Park office will keep on display.at all times
for inspection a complete plot plan of the area used by the Trailer
Park,showing dimensions of each trailer space, showing on the plan
the location of all trailers and setbacks and appurtenances thereto.
14. NEW TRAILER PARKS:
New Trailer Parks shall be established and old Trailer
Parks enlarged only after a public hearing. Applicants will submit
to the County Zoning Director their application containing all re-
quired and necessary information, including written approval signed'
by the County Health Officer. If said application is approved,
after public hearings as prescribed in these regulations, a permit
shall be issued, provided applicant signs an agreement approved by
the Zoning Director agreeing to comply with all State and County
laws, specifications and regulations. An annual use permit shall
be obtained from the Zoning Director by all Trailer Parks as evi-
dence that the park is operating in accordance with all require-
ments.
15. RESIDENCE:
A single family residence constructed or reconstructed in
a Trailer Park shall have a minimum of seven hundred (700) square
feet, unless otherwise authorized.
16. UNITY OF TITLE:
All trailer spaces, service buildings and other struc-
tures within a Trailer Park shall have a Unity of Title. Any
division of land within a Trailer Park will meet the requirements
of Monroe Countyts Sub -Division Regulations.
17. PERMIT FOR SINGLE TRAILER:
The Zoning Director may issue to an owner of a lot a one
hundred and twenty-(120-)day permit for the use of a single trailer;
provided written waivers are obtained from all property owners
within two hundred feet (2001) of the lot; provided owner takes out
a permit for the construction of a principal residential structure
on the lot; provided sanitary facilities are installed;and provided
reasonable progress is made on the structure. The Director may
withdraw permit at any time for violations or lack of progress.
18. PLATTED SUBDIVISION FOR SINGLE TRAILER:
Any platted subdivision may be approved for single
trailer occupancy after a public hearing as prescribed by law.
Restrictions same as RU-1 District.
19. SALE:
The sale of House Trailers shall be made from Business
Property zoned BU-2.
Page 41 Sec. 13 Cont'd
20. USE PERMITS:
Annual Use Permits will be displayed (along with certifi-
cate of approval by Health Director) in a prominent location in the
office on the grounds of all Trailer Parks, and maintained in a
convenient location in or on all trailers having temporary permits..
21. USE PERMIT FEES:
Fop Temporary Use of Individual Trailers $2.00
Renewals 2.00
For Trailer Parks - Each Individual
Trailer Space 1.00
Renewals - Each Individual Trailer Space 1.00
SECTION 14
OFF-STREET PARKING:
Permanently maintained, off-street parking for passenger
vehicles shall be provided in connection with any building or pre-
mises used or designed to be used for purposes as set forth below.
For the purpose of this regulation, one (1) parking space shall be
a minimum of ten feet (101) by twenty feet (201) (two hundred (200)
square feet), usable for the parking of an automobile and adequate
interior driveways, exclusive of ingress and egress driveways to
connect the parking space with a public street or alley. Parking
areas for all structures other than single family residence and
apartment buildings of four (4) or less living units, will be ar-
ranged whereby automobile operators will not be required to back
into street on leaving area.
MINTMTIMS :
1. Dwellings (single family, duplexes and multiple
apartments) at least one (1) parking space for each family unit.
2. Hotels, apartment hotels, motels and rooming houses
at least one (1) parking space for each of the first fifty (50)
individual guest rooms or suites. One (1) additional parking space
for each two (2) individual guest rooms or suites above fifty (50).
3. Churches, auditoriums, theatres, stadiums, recrea-
tional establishments, and other similar places of assembly, one
(1) parking space for each four (4) seats. _ .
4. Professional buildings and office buildings at least
cne (1) parking space for each three hundred (300) square feet of
f 1cor space so used.
5. Business, at least one (1) parking space for each
tb L ee hvHndr ed ( 300 ) square feet, and one (1) space for each three
(3) employees.
6. Inc?ustrial, at least one (1) parking space for each
five hundred (500) square feet of floor space, or one (1) parking
space for each two (2) employees, whichever is the greater.
Page 42 Sec. 13, Sec. 14 Cont1d
1
7. Restaurants, bar and night clubs will have at least
one (1) parking space for each three (3) seats, chairs or stools.
8. Off-street parking requirements for uses not covered
by the above shall be approved by the County Commission.
LOADING REGULATIONS:
Every hotel, apartment hotel, hospital, institution, com-
mercial or industrial building, or similar uses, having ten thousand
(10,000) square feet or more of floor space,.will, in addition to
off-street parking requirements, provide a permanent off-street
loading zone of twelve feet (12' ) by twenty-five feet (25 1 ) at each
loading and unloading door. Said facility shall not conflict in any
manner with off-street parking facilities or the traffic of adjacent
public rights -of -way.
Plans and specifications for all buildings shall meet the
off-street parking, entrance, exit and loading requirements, and
contain elevation, slope and drainage plan for the area. Parking
areas, loading zones, entrances and exits shall have a treated sur-
face, free from all dust, with a minimum of four inches (411
) of
compacted rock, sealed with oil and sand, and be properly drained.
No ingress or egress to premises shall be permitted within ten feet
(101) of a street intersection. Single family and dwellings up to
four (4) units are not required to have treated hard surface off-
street parking areas.
SECTION 15
EXISTING USES:
Nothing contained in these regulations shall be deemed or
construed to prohibit a continuation of the particular lawful use or
uses of any land, building, structure, improvement or premises
legally existing in the respective zones at the time this Resolution
becomes effective; provided, however, that if any such existing law-
ful use is changed to a different use after the date of the adoption
of this Resolution, such different use shall conform to the provi-
sions of this Resolution regulating the particular zone in which
said premises are situated.
If any legally existing use or occupancy of a building
or premises conflicts with any requirement of this Resolution or
any of its amendments, such building shall not be moved, structur-
ally altered or added to, unless after approval following a public
hearing.
All future buildings, structures, repairs, alterations or
other improvements shall comply with all zone requirements contained
herein, and such structural provisions of the Building Code and
other regulations as have been incorporated herein and made a part
hereof, including any building on which construction was suspended
at the time this Resolution was adopted and any building for which
foundations were not completed at said time.
If, after the adoption of this Resolution the aggregate
cost of the repairs or alterations, during the ensuint ten-(10-)
Page 43 Sec. 14, Sec. 15 Cont'd
0
year period, exceeds fifty percent (50%) of its current value, any
building not conforming in use and occupancy with the provisions of
this Resolution shall be arranged or altered to conform as to use
and occupancy with the requirements of this Resolution and its sub-
sequent amendments; provided, however, that this paragraph shall
apply only to such buildings as were so used or occupied legally
prior to the adoption of this Resolution.
SECTION 16
NON -CONFORMING USAGE:
A non -conforming use shall not be extended in any direc-
tion nor shall such use be replaced by another use not specifically
permitted in the zone classification concerned.
No building or premises wherein or whereon a non -conform-
ing usage is discontinued for a period of at least one (1) year, or
is superseded by a use permitted under the provisions of this Reso-
lution in the zone in which said building or premises are situated,
shall again be devoted to any use prohibited by this Resolution in
said zone.
Any building which does not conform in use, occupancy or
construction, or in any other way, with the provisions of this Re-
solution (said structure, use of occupancy having existed prior to
the adoption of these regulations) which becomes damaged as to roof
and/or structure to an extent of fifty percent (50%) or more of its
reasonable market value at the time, by fire, flood, explosion, war,
wind, riot or any other act of God or man, shall not be reconconst-
ructed or used or occupied as before said damage; but, if damaged
to an extent of less than fifty percent (50%) of said reasonable
market value at the time of said damage, said building may be re-
constructed or used as before, provided such reconstruction is com-
pleted or such use is started within six (6) months of the date of
such damage.
When a non -conforming building is vacated, the Zoning
Director may attach, or have attached, a notice to the effect that
new occupancy shall require conformance to these regulations., but
the absence of such notice shall not relieve the owner of full com-
pliance with this Resolution.
Where any premises, whereon a building containing a non-
conforming use is located, is acquired by an official public body
for a public purpose, said use shall be permitted to continue on
remaining portion of the premises under the following conditions:
1. Where part of the structure is taken, an amount
equal to that portion acquired may be added to the remaining struc-
ture.
2. If the entire structure is acquired, a new structure
may be erected on the remaining portion of the premises, providing
said new structure does not exceed in size the original structure
that was taken.
Page 44 Sec. 15, Sec. 16 Cont'd
2. If such existing structure does not warrant remodel-
ing or relocating, then a new structure may be erected on the re-
maining portion of the premises, providing the same does not exceed
in size the original structure and providing that the new structure
can be erected on the site in accordance with applicable zoning re-
gulations.
4. If the existi-ng structure is such that it can be re-
located on the portion of premises remaining, tl'iF:n the same can be
relocated, providing it compl.i-as wich arplicable zoning regulations.
SECTION 17
CONSTRUCTION REQUIREMENTS:
1. The value of buildings, including business and in-
dustrial, shall be in keeping with exit;-I:iag, unbroken deed restric-
tions, and shall be in reasonable relation to average values in the
neighborhood.
2. As a basis for judging values, requring safe con-
struction and applying the standards required by these regulations,
the Southern Building Code will provide structural requirements for
building, altering or repairing, but only insofar as they apply to
structural requirements, shall be and hereby are incorporated in
this Resolution and made a part thereof, except where otherwise ex-
pressly provided herein; and all provisions, requirements, restric-
tions and regulations of said building code shall apply to any
building to be erected, altered, repaired, improved or moved within
said unincorporated areas of Monroe County.
3. The foundation of a structure shall be started with-
in thirty (30) days after issuance of a permit or the permit shall
become null and void. In this event, a new permit shall be obtain-
ed before construction is commenced. If said permit is renewed
within sixty (60) days, credit shall be given for the original fee
paid. Unless agreement is approved in writing by the Zoning Direc-
tor for time extension, the outside of all structures shall be com-
pleted and painted or suitably decorated within ninety (90) days
after foundations are started.
4. Where methods of construction or use of material
other than required by the provisions of this Resolution are pro-
posed, applicant for such special permit shall make written request
to the Zoning Director for approval of said alternate materials or
methods of construction and same shall not be used unless and until
said Zoning Director has given his approval thereof in writing.
5. Unless otherwise provided in this Resolution or sub-
sequent Zoning Resolutions, or delineated on the County Zoning Maps
the minimum size principal single family dwelling shall be seven_
hundred and fifty (750 ) square feet of usable floor space, exclu-
sive of breezeways, porches; carports and garages.
Page 45 Sec. 16, Sec. 17 Cont'd
SECTION 18
COUNTY ZONING DIRECTOR - POWERS AND DUTIES:
The Board of County Commissioners shall appoint a County
Zoning Director whose duties shall be as follows:
To attend the meetings of the Zoning Board; to supervise
all use surveys of unincorporated areas in Monroe County; to study
population, building and use trends; to prepare land use and zoning
maps required in his work; to compile statistics; to propose reso-
lutions to amend, supplement or repeal any resolution or amendment
providing for division, zone classification, regulation or restric-
tion; to propose changes in existing districts, zone classification,
restriction or regulation for the consideration of the County Com-
missioners; to advise and co-operate with the County Engineer, or
other such County employees designated by the Board of County Com-
missioners as to all new classifications, restrictions and regula-
tions or changes which affect permits issued by them; to consider
and decide upon all applications for permits for occupancy or usage
of premises in accordance with the provisions hereof; to issue or
deny any such permits or report findings of hearings to the Board
of County Commissioners; to prepare or cause to be prepared zone
maps for the use of all County officials who require a knowledge of
zone boundaries in connection with their duties; to enforce all the.
zone restrictions and regulations as provided herein; to review all
petitions requesting any new zone classification,.restriction or
regulation or change of existing zone classification, restriction
or regulation; to collect all fees provided for herein, except where
otherwise specifically provided; and any and all fees provided for
in any amendment to this Resolution; to employ, subject to the ap-
proval of the County Commissioners, such qualified personnel as re-
quired to assist him in carrying out said duties; to supervise and
train employees of the department, whereby said department will
operate efficiently to serve the general welfare of the people of
the County.
The Zoning Director shall be the custodian of all maps and
regulations. He shall forthwith record on the zoning maps and
change the zoning regulations when approved by the County-
Commis-sion. He shall serve as Secretary to the Zoning Board and Board of
Adjustment.
All fees collected by the Zoning Director shall be turned
over to the Clerk of the County Commission to be placed in the
General Fund of the County.
The Zoning Director shall hold office at the pleasure of
the County Commission.
The Zoning Director is hereby authorized to have made
printed copies of this Resolution, and all amendments and maps re-
lating thereto, and to sell the same, the quantity and sale price
to be approved by the Board of County Commissioners.
The Zoning Director is authorized to designate assistants
to carry out the provisions of this Resolution.
Page 46 Sec. 18
SECTION 19
BOARD OF ADJUSTMENT:
The Monroe County Board of Adjustment, functioning in ac-
cordance with the provisions of the enabling act pertaining to
Monroe County, may review appeals from property owners for excep-
tions to the terms of these regulations of the nature specified in
the Law.
The Zoning Director, or a - iaerriber of his staff designated
by him, shall serve as Board Secretary, keep minutes of all of its
meetings, and record its actions and decisions. The Board, from
among its members, shall elect a Chairman, -Vice Chairman and such
other officers as it may deem necessary. Each officer shall serve
until his successor is elected. The Board shall formulate its own
Rules. The Zoning Director shall set the time and -public place of
its meetings. The Board shall meet when there is an application
pending. When an application is pending, the Board shall meet at
least once a calendar month;
SECTION 20
ZONING BOARD:
The Board of County Commission is the'Zoning Board. The
Commission will hear applications for amendments or changes only
after same has been presented to the Zoning Director and said ap-
plication has been advertised in a newspaper of general circulation
in the County, giving at least fifteen (15) days public notice of
said hearing. Said advertisement shall.contain the time, place and
date and the descriptive material required by the legislative enab-
ling act.
The Commission may waive certain instructions when re-
quested by property owners in writing without advertising in speci-
fic cases. Where Zoning Resolution specifically states that County
Commission has waiver authority, the County Commission will keep
the Zoning Director informed of the dates, location and hour of its
meetings that it will consider zoning matters, whereby Zoning
Director may process and prepare applications for Commission's con-
sideration.
The Zoning Director may notify interested parties (other
than legal advertisements) when the County Commission is to consi-
der a zone change in their immediate vicinity.
Amendments, changes or interpretations shall not be made
until approved by a vote of the County Commission at an official
meeting. Thereafter, the Zoning Director shall forthwith make the
changes in the regulations or on the maps, as the case may be.
Page 47 Sec. 19, Sec. 20
SECTION 21
AMENDMENTS:
The Board of County Commissioners may, from time to time,
with or without recommendations of the Zoning Director, and after
public hearings as required by law, amend, supplement, change or
repeal any regulation, restriction, zone or district herein, or
subsequently established, as provided by law. An amendment or
change may be initiated by any property owner or his authorized re-
presentative (for his own land). A majority of the property owners
in a given area, a group of owners owning a majority of the proper-
ty in a given area, may, by petition to the County Commission,
through the Zoning Director, request an amendment or change of zone
for said area. Members of the County Commission or Zoning Director,
after careful study, may initiate amendments or changes. All propo-
sals for reclassification of zone, or change of regulations or res-
trictions, shall be submitted to the Zoning Director.
Petitions by property owners for change of zone classifi-
cations shall be accompanied by a certified check or cash payment
amounting to not less than Twenty -Five Dollars ($25.00), which
shall be applied to the cost of making maps, advertising and other
expense incidental to reviewing.and reporting of facts.
Petitions by property 'olmers for change of Zone Classifi-
cation shall submit all the information requested on the application
form (as approved by the County Commission) before said application
will be processed.
For all Zone Classifications, no proposed change of zone,
or restriction by an amendment to this Resolution, shall become ef-
fective until approved by a majority of the Board of County Commis-
sioners at a formal meeting. The Zoning Director shall expeditious-
ly process all requested changes, and shall not unnecessarily pro-
long or withhold said application from the Board of County Commis-
sioners.
SECTION 22
SETBACKS:
All buildings and structures hereinafter constructed, re-
constructed or moved, shall comply with the minimum setback re-
quirements of this Section, unless otherwise provided in these re-
gulations. All setback distances from property lines which abut
existing (or proposed) or officially established highway right -of
ways, shall be measured from the limits of the official right-of-way
lines, including those established by this Resolution, regardless of
whether or not the full right-of-way width has been dedicated. If
existing dedications are greater than the official right-of-way re-
quirements, setbacks will be measured from the dedicated line.
(a) Front setbacks in all zones will be twenty-five
feet (25 1 ) from the official right-of-way line,
Page 48 Sec. 21, Sec. 22 Cont'd
except pump islands for gasoline service sta-
tions shall be permitted a front setback of
fifteen feet (15') .
(b) Interior side setbacks in all zones shall be
ten percent (10%) of the lot width, and in no
case less than five feet (5t), unless otherwise
provided. Buildings of more than two (2)
stories will set back an additional five feet
(51), unless otherwise provided.
(c) Rear setbacks in all zones shall not be less
than twenty percent (20%) of the lot depth for
the principal building, unless otherwise pro-
vided.
(d) Accessory buildings in all zones shall not be
closer than five feet (5') to the side or rear
property line.
Accessory buildings built on corner lots shall
not be closer than thirty feet (301) to the
side street property line, and/or shall set
back five feet (5' ) farther than the front set-
back required on the adjoining key lot, which-
ever distance is the most restrictive.
(e) Side street setbacks in all zones on corner
lots shall not be less than fifteen feet (151)
from .the official right-of-way line.
If -corner lot is BU or IU, and key lot is RU
or EU, side street setback on corner lot shall
be twenty-five feet (25').
(f) Setbacks in Business or Industrial Zones:
(1) Side setbacks of business or industrial
buildings shall be fifteen feet (15' )
from the side property line, unless ad-
joining lot is zoned BU or IU. When
adjoining lot is zoned other than BU or
IU, and is within twenty-five feet (25'),
said structures will not have windows,
doors or any openings in the wall struc-
tures adjacent to said lot. Storage of
garbage cans, utility buildings and/or
accessory buildings are prohibited in
this setback.
(2) In a BU or IU Zone a business or indus-
trial principal building may be placed
up to the interior side lot line where
the adjoining lot is also zoned for busi-
ness or industry; provided the building
is constructed of masonry or better;
provided the wall has no openings; pro-
vided said wall is a three-(3-)hour fire
wall; provided_an alley or street abuts
Page 49 Sec. 22 Cont'd
the lot in the rear; and provided the re-
quired rear yard area is available.
(3) Business and industrial buildings will set
back a minimum of fifteen feet (151 ) from
the rear property line, unless an alley
abuts the property to the rear, in which
case the setback is five feet (5 � ). from
the alley; provided all other require-
ments are met.
(4) Swimming pools, patios,.outdoor barbecue
cooking facilities, etc:, shall be a
minimum of five feet (51) ' from rear and
side property lines, unless the adjoining
property owners waive in writing the dis-
tance requirements. These facilities and
accessory buildings shall not be placed
on the front fifty percent (50%) of the
lot in a residential zone.
(5) No principal or accessory building shall
-be constructed or reconstructed closer
than twenty feet (201) to a bulkhead,
unless otherwise provided or specifically
waived by the Board of County Commission-
ers
(6) No principal or accessory building or any
structure that would impede the cleaning
of canals shall be constructed or recon-
structed within twenty feet (201) of any
private or public m.nal in the unincorpo-
rated area of Monroe County.
(7) No building or structure shall be con-
structed beyond the building line along
the Atlantic Ocean as established on the
County Zoning Maps by this Resolution or
subsequent Resolutions.
Front setbacks on through lots will be
required on both streets in all zones.
Setbacks from section lines shall be a
minimum of seventy-five feet (751), un-
less waived by the County Commission.
Setbacks from half section lines (some
times called quarter (1/4) section lines)
shall be a minimum of sixty feet (601),
unless waived by the County Commission.
Front or rear setbacks, as the case may
be, are not required on the ocean or gulf
side of a building constructed on a lot
that abuts the ocean or gulf; provided
traffic circulation and all other re-
quirements are met.
Page 50 . Sec. 22 Contfd;
If a building
more lots, the
considered.
SECTION 23
PUBLIC HEARINGS:
is constructed on two (2) or
interior lot line is not
Public hearings shall be advertised and appear in a news-
paper of general circulation in the area at least fifteen (15) days
prior to the date of said hearing, wherein consideration will be
given by the Zoning Board (County Commission) to charge or amend
these regulations; change or amend Zoning Districts or to permit
special uses which require public hearings.
Said public hearings shall be merely a prerequisite to
the final decision by the Board of County Commissioners regarding
said use, amendment, changes or permits.
SECTION 24
SPECIAL PERMITS:
The Zoning Director may issue special use permits in lieu
of a zone change in any zoning district or zone classification, for
a given period of time or for an unlimited period of time, renew-
able annually (October lst); provided a public hearing is held in
conformity with these regulations; provided said use is subjected
to reasonable and appropriate restrictions and safeguards to pro-
tect the surrounding neighborhood; provided a written agreement,
approved by the County Attorney, is filed with the Zoning Director
by the applicant agreeing to abide by the terms, conditions and
restrictions of the permit.
SECTION 25
ENFORCEMENT AND ADMINISTRATION:
Enforcement of these regulations shall be through refusal
to issue construction permit, certificate of occupancy, injunction,
arrest for misdemeanor or other legal process approved by the Board
of County Commissioners in accordance with the provisions of the
State Law.
The administration of the zoning regulations shall be
..maintained in a department headed by a County Zoning Director under
the direct supervision of the Board of County Commissioners; said
Zoning Director is hereby charged with the responsibility for and
authority of the approval or rejection of applications for the
placing, erecting, constructing, altering, repairing, converting,
Page 51 Secs.23, 24 and 25 Conttd
• - = •
maintenance and use of structures on land and water as provided in
the zoning regulations and making necessary reports of public hear-
ings in accordance with the provisions of this Resolution.
The approval of occupancy and use permits shall be under
the jurisdiction of the Zoning Director, subject to the supervision
of the Board of County Commissioners.
For the purpose of inspection, the Zoning Director and
his authorized representatives shall have free access to materials
and work at all times, and either or both shall have the power to
stop work pending investigation as to materials, work, grades and
other provisions of these regulations.
The Zoning Director is hereby authorized, empowered and
directed to enforce all of the provisions of this Resolution and
its subsequent amendments, and he is hereby authorized to employ
necessary agents and assistants, subject to approval of the Board
of County Commissioners, and said assistants shall also have power,
when directed by him, to aid in the enforcement of this Resolution.
The Director of the County Zoning and Building Department
is authorized, where he deems it necessary, to request the execu-
tion of an agreement for recording. Said agreement be substantial-
ly in the following form:
AGREEMENT
day of
Building )
Plumbing )
In consideration of Electrical) permit, as
Occupancy )
outlined, I, or we, as owners of the property herein
hereby agree and bind myself, or ourselves, and my,
assignees and successors as follows:
on lot
block
of the
(metes and bounds description) otherwise known as
Monroe County, Florida.
19
hereinafter
designated,
or our, heirs,
Subdivision on
This Agreement is hereby made and accepted as a condition
of the issuance of a permit for:
It is further understood and agreed that this Agreement
shall be deemed a covenant running with the land, and shall be
binding on ourselves, our personal representatives, our heirs,
assignees and/or successors in title, and shall inure to the bene-
fit of Monroe County, Florida and/or its successor.
As a further part of this Agreement, it is hereby under-
stood and agreed that any official inspector of the Zoning or
Building Department of Monroe County, Florida, or its agents duly
authorized, may have the privilege at any time of entering and in-
vestigating the use of the premises to determine whether or not
the requirements of the Building and Zoning Regulations and the
conditions herein agreed to are being complied with.
Page 52 Sec. 25 Cont'd
• .= 0-
Signed, sealed, executed and acknowledged on the day and
year as hereinbefore mentioned.
Witnesses:
(ACKNOWLEDGMENT)
SECTION 26
PENALTIES AND REMEDIES:
(SEAL)
(SEAL)
It shall be unlawful for any person, firm or corporation
to erect, construct, establish, alter, move, enlarge or cause or
permit to be erected, constructed, established, altered, moved or
enlarged, or to use or occupy, or to cause or permit to be used or
occupied, any building, structure, improvement or premises located
in any zone designated and established in this Resolution without
first complying in every respect with the provisions hereof.
Failure to comply with any provision of this Resolution
shall be a misdemeanor, punishable upon conviction by a fine or by
imprisonment, or both. Payment of said fine or serving of said
sentence, or both, shall not excuse any further failure to comply
with the provisions of this Resolution or any amendment thereto.
The violation of any of the codes, regulations, •restric-
tions and limitations promulgated under the provisions of this Re-
solution may be restricted by injunction, including a mandatory
injunction, and otherwise abated in any manner.provided by law,
and such suit or action may be instituted and maintained by said
Board of County Commissioners, by any taxpayer within said County
or by any person affected by the violation of _any.such regulations,
restrictions or limitations.
SECTION 27
FEE EXEMPTIONS:
The County of Monroe, the State of Florida, the United
States of America, and all corporate municipalities situated wholly
within the boundaries of Monroe County, shall be exempt from the
payment of any fee for a building or use permit. Any such permit
will be issued to any of the above named corporate bodies upon
application for any building construction, occupancy or usage, not
contrary to the provisions of this Resolution.
Page 53 Seco.25, 26, 27
•
SECTION 28
CONDITIONAL PERMITS AND VARIANCES:
The County Zoning Director, as herein provided, shall
have the power to grant adjustment of and permit variances in the
application of any provision of this Resolution, where no adjoining
Property rights are interfered with, under the conditions stated in
this Section, and to issue conditional permits for the following
Purposes:
I. Use of a lot or lots in any subdivision pending the
amendment of zone boundaries within said subdivision in accordance
with recommendations of the Zoning Director, provided a plat of such
subdivision has been approved by the County Commission subsequent to
the passage of this Resolution and is duly recorded in the Office of
the Clerk of -the Circuit Court of Monroe County.
2. Use of land in undeveloped sections -of, the General
(GU) Zone, for agricultural purposes. That for land to be used for
a structure or use connected with farming, the area, setback and
other requirements of these regulations shall be complied with, and.
a plat will not be required,,
3. Use of a lot or lots ,for -temporary. f.i.eld sales or .
construction office during .specified periods of time, provided plat
of said subdivision has been approved by the County Commission.
Plans for such temporary -building or buildings shall also require
approval of said --.Zoning Director.
4. Extension of ;a zone when its boundary- splits, a priv-
ately owned lot.-
5. Variation, ..the purpose - of which -is to. conform- to
front line requi r' em-ents of the rest of the block, to allow a re-
duction -in the minimum lotuarea requirements -or setbacks where the
shape of the building lot or -location of existing --nearby buildings
Justifies such variance.
6. Issuance of -a.-permit conditional .up.on the -owner' s
submitting a certified survey to verify distances shown on the
Plans filed with the application.
7. Other- special -types of special usage, such.. as -t-empo-
rary stands, .landing fields,. public buildings or structures for
temporary use, temporary refuse dumps, etc.
8. For other special or unusual uses. -permitted herein;
.where any question exists regarding the possibility of said special
.or unusual use conflicting with -or encroaching-upon_other.legally
existing uses..in any zone.
Each eonditional permit shall state a -time -limit for the
fulfillment of the condition governing its issue, and shall be re-
vokable where said conditions are not met.
The Zoning. _Director. shall confer with the - County ' Co.mmis-
sion before issuing conditional permits, and shall make a monthly
report to the Board of County -Commissioners- of -all conditional
permits issued.
DOrro r'/1 r._ - ..n
SECTION 29
PERMITS - USE AND OCCUPANCY - PERMIT FEES:
1. PERMITS - A permit bearing the approval of the
Monroe County Zoning Director shall be obtained to construct, re-
construct, alter, repair or place any structure on. land or water
in the unincorporated area of Monroe County, unless otherwise
specifically stated in these regulations that a permit is not re-
quired.
No .permit shall be issued where the site of the building
is not on premises meeting._the lot width, depth or minimum area re-
quirements specified in these regulations, or where such premises
do not abut on a dedicated public right-of-way.
No permit shall be issued for a principal single family
residential building of less than seven hundred and fifty (750)
square feet, unless said building is to be placed in a zone per-
mitting smaller residences and is so designated on the Zoning Maps
and Photographs.
No principal structure shall, be permitted in any zone if
the square footage of the building is less than the requirements
of this Resolution. If A minimum square footage requirement for a
zone is designated on the Zoning Maps and Photographs, the latter
governs.
No permit shall be issued unless all the requirements of
this Resolution and adopted building, plumbing and electrical codes
have been complied with. Where adopted codes are in variance to
this Resolution, this Resolution shall prevail.
The Zoning Director is authorized to require an applicant
for a building permit to submit a certified survey before issuing
said -permit when uncertainty arises as to a permit meeting any and
all provisions of this Resolution.
2. USE AND OCCUPANCY - Unless otherwise provided in
this Resolution,'no new use shall be made or an existing use en-
larged on any premises in the unincorporated area of Monroe County
before the proposed use has been approved by the Zoning Director
of Monroe County.
Except for agricultural uses in a GU Zone, no building,
structure, vacant land or other premises shall be occupied or
used, or the use thereof changed, after the adoption of this Re-
solution, until the Zoning Director has issued a Certificate of
Occupancy., Said Certificate shall not be issued until regulations
covering plans, building, plumbing and electrical codes, and all
zoning restrictions, have been complied with.
3. PERMIT FEES - Unless otherwise provided, all per-
mit fees shall be as follows:
Page 55 Sec. 29 �;Conttd
(a) USE AND OCCUPANCY -
ACCOMPANIED
NO
ANNUAL
BY BUILDING
BUILDING
RENEWAL
TYPE OF USE PERMIT APPLIC.
PERMIT
CHARGE
Single Family NC
NC
NC
Duplex Per Structure $1.00
$1.00
4 or Less Living Units $2.00
$2.00
.$1.00
Hotels, Motels, Multi- 500 Per Unit
500 Per Unit
ple Living Units Maximum
Maximum
$1.00
Business - Wholesale $5.00
$5.00
$1.00
or Retail $2.00
$2.00
$1.00
Industrial $3.00
$3.00
$1.00
All Others $2.00
$2.00
$1.00
(b) BUILDING PERMIT FEES:
From $ 1.00 To $ 50.00
$
NC
50.00 To 200.00
2.50
200.01 To 1,004.00
5.00
1,000.01 To 2,000.00
7.00
2,000.01 To 3,000.00
9.00
3,oO0.01 To 4,000.00
11.00
4,000.01 To 5,000.00
13.00
Over $5,000.00 - $2.00 per $1,000.00 additional.
(c) PLUMBING PERMIT FEES:
For issuing each permit
In addition: For each Plumbing Fixture or
Trap or Set of
Fixtures on one Trap (Including Water
and Drainage Piping) $1.00
For each House Sewer
1.00
For each House Sewer having to be.replaced
or repaired
1.00
For each Cesspool
2.00
For each Septic Tank and Seepage Pit or Drainfield
2.00
For each Water Heater and/or Vent
1.00
For each Gas Piping System of 1 to 5 Outlets
1.00
For each Gas Piping System of 6 or more,
per outlet
.20
For installation, alteration or repair of
water piping and/or
water treating equipment
1.00
For repair or alteration of Drainage or Vent Piping
1.00
For Vacuum Breakers or Backflow Protective Devices installed
subsequent to the installation of the
piping or equipment
served: One to Five
1.00
Over Five, each
.20
(d) ELECTRICAL PERMIT FEES:
For Minimum Electrical Permit 1.00
(1) ROUGH WIRING OUTLETS:
Ceiling
Bracket
Receptacle
Switch - 1 thru 15 outlets 1.00
each additional .10
Page 56 Sec. 29 Cont'd
(2) SERVICE:
Switchboard
$ 1.00
Services 100
Amp.
and under
1.00
100
Amp,
to 200
Amp,
2:00
200
Amp,
to 400
Amp.
3.00
400
Amp.
to 600
Amp.
4,00
600
Amp.
to 800
Amp.
5.00
Over
800
Amp.
10.00
(3) MOTORS:
Not over 1 HP
.50
Over 1 HP, but not over 3 HP
1.00
Over 3 HP
2.00
(4) ELECTRIC WATER HEATERS
.50
ELECTRIC DRYER
1.00
ELECTRIC RANG8
.50
X-Ray
5.00
Dental Units
2.00
Electric Elevators
7.50
Electric Gelder:
.Transformer Type up to 50 Amp.
2.00
Transformer Type over 50 Amp.
3.00
Generator Type (same as for
Motors)
Electric Signs up to 30 sockets
(Incandescent)
2.00
For each additional 30 sockets
1.00
Sign Flasher
1.00
Time Switch
;50
Neon Transformer or Tubing:
First Transformer
1.00
Each additional Transformer
.50
Display Cases:
10 lights or fraction thereof
1.00
Over 10, each light
.10
Re -inspection fee for any reason
shall be an additional charge of
1.00
Page 57 Sec. 29 Cont'd
• SECTION 30
APPLICATION OF ZONING PHOTOGRAPHS AND MAPS:
(a) Aerial photographs and maps bearing the facsimile
signature of the Chairman and Clerk of the Board of County Commis-
sion of Monroe County refe3-red to in Section 3 of this Resolution,
are the official zoning maps of Monroe County. Said photographs
and maps are bound in twelve atlases (books) numbered from one (1)
to twelve (12), inclusive, and are,made a part of this Resolution.
(b) Interpretation of Zoning District Boundaries:
(1) Where there is only one Zoning District in a
Section, the.Section line is the Boundary.
(2) Where there are two or more Zones in a Sec-
tion, Zone Boundaries have a Common Boundary,
where they abut. Unless otherwise designated
a.zone boundary runs to Section line.
(3) Where a highway, road, alley, canal or water-
way separates Zone Boundaries, the Center of
said facility is the Zone Boundary.
(4) Where a Zone Boundary appears to parallel a
highway or road right-of-way on the photographs,
the depth of the zone from the highway is
measured from the official right-of-way to
scale when not supported by an Indicated
Depth or Width on Supplemental Maps.
(5) Where Zone Boundaries are indicated as approx-
imately following lot lines, federally owned
lands, military districts or municipal lines,
said lines are the Boundaries.
(6) Where a public road, street or alley is offi-
cially vacated, the Zone classification of the
property to which it is reverted shall apply
to such vacated public way.
(7) When any uncertainty exists as to Zone Bounda-
ries, the Zoning Board shall determine the
location of the Boundaries.
SECTION 31
OFFICIAL RIGHT-OF-WAY PLAN AND MINIMUM WIDTHS:
A. The minimum Right -of -Way widths for the unincorporated area
of Monroe County, Florida, shall be as follows:
(1)
All
alleys shall be
20
ft.
(2)
All
subdivision roads or streets shall be
50
ft.
*(3)
All
section lines shall be
100
ft.
All
half -section lines shall be
70
ft.
*(Unless waived by Resolution of the County Commission)
(4) U.S. #1 (State Road #5) - minimum width
shall be as indicated on the plans on
file in the Office of the Clerk of the
Circuit Court, Court House, Key West,
Florida
(5) State Roads 931, 939s 940, 941, 942
Coral Sound Road, Old 4A (Little Torch
Key) and Cudjoe Road North of U.S. #1 100 ft.
(6) That part of 905 North of Section 6,
Township 61 South, Range 40 East 150 ft.
(7) All interior roads or streets in old
subdivisions that were a matter of re-
cord on or before the date of this Re-
solution having less than fifty feet
(50t), but not less than twenty feet
(20t) width; and whereby it is imprac-
tical to obtain additional Right -of -
Way; and whereby, when contiguous, ad-
jacent or abutting property, when fully
developed, will not cause undue traffic
hazards or congestion on said interior
roads or streets, shall be considered
as complying with all Right -of -Way re-
quirements of this Resolution when so
approved by a Resolution of the County
Commission designating said roads or
streets as the final official Right -
of -Way.
B. No permit shall be issued for the placing of any building or
other structure along aforesaid highways and roads which would
permit any portion of said building or structure closer to the
center line of any such highway or road than one-half (1/2) of
the Right -of -Way width measured from the center line of such road
plus the setback requirements of this Resolution.
C. The Zoning Director, in carrying out the provisions of this
Section, shall require an applicant for a building permit to fur-
nish a Certified Survey when there is any doubt as to the building
or structure meeting with minimum setback requirements of this
Section.
D. In all cases where highways, roads or streets follow section
or fractional section lines, the section line or fractional sec-
tion line is the center line. Where a Right -of -Way does not fol-
low section or fractional section line, the County Commission
shall determine the center line when the center line is in doubt.
E. No building or structure shall be permitted on or in a mapped
street.
F. No County road or street Right -of -Way will be cut into or ex-
cavated in any manner without a permit from the Zoning Director.
Sufficient funds will be deposited or bond placed with the County
assuring the re -construction of said road or street before said
permit is issued. The Zoning Director shall not issue a Certifi-
cate of Occupancy for any structure until all repairs to road or
street have been properly repaired when said road or street was
cut into during the construction of said structure.
Page 59 Sec. 31