Item P3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning& Environmental Resources
Staff Contact Person/Phone#: Christine Hurley—289-2500
AGENDA ITEM WORDING: A continuation of public hearing from July 17, 2013 to consider an ordinance
establishing Monroe County Code Section 130-102, Horses and other livestock, establishing regulations related to the
keeping of horses and other livestock in Monroe County.
ITEM BACKGROUND:
Section 4-76 of the Monroe County Code Chapter 4, Animals, states"Zoning.No livestock, such as cows, goats, sheep or
pigs, barnyard animals such as chickens, ducks, rabbits or geese, shall be kept either penned or loose in any zone where
not otherwise permitted in the county."No such zones have been established and, currently, the Land Development Code
does not contain any provisions that regulate or address the keeping of horses and other livestock in Monroe County. As a
result of this confusion, horses have been allowed or prohibited by varying administrative interpretations of planning
directors. The purpose of this ordinance is to establish such livestock zones by property characteristics and bring clarity to
the regulations.
After the July 17, 2013 public hearing, Growth Management Division staff consulted with the County Attorney's Office
and determined that the BOCC should not approve this ordinance amending the text of the Land Development Code;
however should consider a new ordinance amending the text of Chapter 4, which is outside of the Land Development
Code. The parameters for keeping livestock and the characteristics of the property for having such an activity would be
similar; however simplified. Further, enforcement of the provisions would remain with Animal Control and would not be
shifted to Code Compliance.
During a regularly scheduled meeting held on June 26, 2012, the Monroe County Development Review Committee
reviewed the ordinance and recommended approval to the BOCC. During a regularly scheduled meeting held on August
29, 2012,the Planning Commission reviewed the ordinance and recommended approval to the BOCC.
PREVIOUS RELEVANT BOCC ACTION: This proposed text amendment was discussed by the BOCC at its
October 17,2012 meeting. At that time,the Board requested that staff make the following modifications:
• For keeping a horse for personal use, increase the minimum size requirement of a parcel of land from 1/2 acre of
upland(Staff increased to 2 acres)
• Prohibit the keeping of horses in Improved Subdivision (IS) and Urban Residential Mobile Home (URM) land use
districts(Staff added the prohibition)
With these changes, the BOCC reconsidered the text amendment on July 17, 2013 and after public comment and
discussion, continued the public hearing to August 21, 2013 so that staff could work on the text amendment further.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Staff recommends denial(to amending the Land Development Code; however
supports a new text amendment to Chapter 4).
TOTAL COST: INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required
DISPOSITION: AGENDA ITEM#
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2013
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11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS ESTABLISHING MONROE
13 COUNTY CODE SECTION 130-102, HORSES AND OTHER
14 LIVESTOCK, ESTABLISHING REGULATIONS RELATED TO
15 THE KEEPING OF HORSES AND OTHER LIVESTOCK IN
16 MONROE COUNTY, PROVIDING FOR SEVERABILITY;
17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
18 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
19 PLANNING AGENCY AND THE SECRETARY OF STATE;
20 PROVIDING FOR CODIFICATION; PROVIDING FOR AN
21 EFFECTIVE DATE.
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23 WHEREAS, this ordinance is intended to establish criteria and clarify where horses and other
24 livestock may be kept in unincorporated Monroe County; and
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26 WHEREAS, prior to this ordinance, the Monroe County Land Development Code and Monroe
27 County Comprehensive Plan did not contain any provisions directly related to the keeping of
28 horses and livestock; and
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30 WHEREAS, Section 4-76 of the Monroe County Code implies that zoning should allow
31 livestock in an appropriately zoned areas; however, no such areas have been established in the
32 Land Development Code; and
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34 WHEREAS, based upon the information and documentation submitted, the Commission makes
35 the following Conclusions of Law: 1) the text amendment is consistent with the Principles for
36 Guiding Development in the Florida Keys Area of Critical State Concern; 2) the text amendment
37 is consistent with the provisions and intent of the Monroe County Comprehensive Plan; and 3)
38 the text amendment is consistent with the provisions and intent of the Monroe County Code; and
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40 WHEREAS, during a regularly scheduled meeting held on June 26, 2012, the Monroe County
41 Development Review Committee reviewed the ordinance and recommended approval to the
42 Board of County Commissioners; and
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44 WHEREAS, during a regularly scheduled public hearing held on August 29, 2012, the Monroe
45 County Planning Commission reviewed the ordinance and recommended approval to the Board
46 of County Commissioners;
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2 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
3 COUNTY COMMISSIONERS:
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5 Section 1. Section 130-102 of the Monroe County Code shall be established as follows
6 (deletions are str-islen thfe and additions are underlined):
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8 Sec. 130-102. Horses and Other Livestock.
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10 (a) Definition of livestock. Livestock means horses stallions colts geldings, mares sheep,
11 rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennies burros
12 goats, kids, swine, and any other fur-bearing animals being raised in captivity including
13 those other animals recognized by the Florida Department of Agriculture and Consumer
14 Services as being within the jurisdiction of its department.
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16 (b) Keeping of livestock. Excluding horses for personal use as allowed in subsection (c), the
17 keeping of livestock is permissible only on a parcel of land that a) has an approved
18 agriculture use and b) is within a land use (zoning) district which permits agriculture
19 and/or is within an agricultural/aquacultural use overlay as set forth in section 130-120.
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21 (c) Keeping of a horse for personal use.
22 (1) A horse may not be kept on a parcel of land that contains less than two (2) acres of
23 contiguous upland and/or is within an Improved Subdivision (IS) or Urban
24 Residential Mobile Home(URM)land use (zoning) district.
25 (2) On a parcel of land that contains two (2) acres or more of contiguous upland,a
26 horse(s)may be kppt if all of the following criteria are met:
27 (i) The horse(s) shall be for personal use only. Under no circumstance shall the
28 horse(s) be related with an on-site commercial purpose, such as a commercial
29 riding ground; and
30 (ii) There shall be a lawful residential dwelling unit on the same parcel of land upon
31 which the horse(s) is kept; and
32 (iii)The owner of the horse(s) shall occupy the residential dwelling unit required in
33 ii • and
34 (iv)The areas in which the horse(s) is to roam shall be entirely enclosed with a fence
35 of at least four(4) feet in height. Excluding along a front yard property line where
36 a fence may be constructed in accordance with the standards set forth in section
37 114-20, a fence required by this subsection shall be set back at least twenty (20)
38 feet from any side or rear non-shoreline property line; and
39 (v) The stable or other area in which the horse(s) is kept overnight shall be located at
40 least fifty (50) feet from any residential dwelling unit, excluding the residential
41 dwelling unit in which the owner of the horse(s)resides; and
42 (vi)For parcels of land containing over two (2) acres of contiguous upland an
43 additional horse may be maintained for each additional whole acre of upland.
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1 Section 2. Severability.
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3 If any section, paragraph, subdivision, clause, sentence or provision of this ordinance shall be
4 adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
5 impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
6 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
7 involved in the controversy in which such judgment or decree shall be rendered.
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9 Section 3. Conflicting Provisions.
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11 All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the
12 extent of said conflict.
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14 Section 4. Transmittal.
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16 This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
17 380.05 (11) and F.S. 380.0552(9).
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19 Section 5. Filing.
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21 This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
22 become effective pursuant to Section 7 until a final order is issued according to F.S. 380.05(6)by
23 the Florida State Land Planning Agency or Administration Commission approving the ordinance,
24 and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
25 Chapter 120.
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27 Section 6. Inclusion in the Monroe County Code.
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29 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
30 of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
31 appropriately renumbered to conform to the uniform marking system of the Code.
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33 Section 7. Effective Date.
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35 This ordinance shall become effective as provided by law and stated above. This ordinance
36 applies to any applicable application submitted after the effective date.
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38 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
39 at a regular meeting held on the day of , 2013.
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41 Mayor George Neugent
42 Mayor Pro Tem Heather Carruthers
43 Commissioner Danny Kolhage
44 Commissioner Sylvia Murphy
45 Commissioner David Rice
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I MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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3 Attest: Amy Heavilin, Clerk
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6 By By
7 Deputy Clerk Mayor George Neugent
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