Item S7BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 19, 2€ 06 Division: Growth Mann e.rnerit
Bulk Item: Yes No X Department: Planning
Staff Contact Person: T S mroski
AGENDA ITEM WORDING:
An ordinance to amend Section 9.5-4, Definitions, of the Monroe County Code, adding a definition for adjacent lot,
aggregate or aggregation, and amending the definition for contiguous, the ordinance further amends Section 9.5-256,
Aggregation of Development, establishing conditions for the aggregation of lots, and Section 9.5-349 Shoreline
Setbacks, to modify the docking facilities explanation to be consistent with the proposed changes in Section 9.54.
ll" of 1 required Public Hearing]
.ITEM BACKGROUND:
This item was reviewed by the Development Review Committee on April 25, 2006. 'Phis item was reviewed and
recommended for approval by the Planning Commission on May 24, 2006,
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATION:
Approval,
TOTAL COST: NIA BUDGETED: Yes �-No
COST TO COUNTY: NIA SOURCE OF FUNDS:
REVENUE PRODUCING: Yes NIA No AMOUNT PER MONTH Year
APPROVED BY: County Atty D�IBiPurchasing Risk Management
DIVISION DIRECTOR APPROVAL:
Ty Sytnroski.
DOCUMENTATION: Included Y Not Required
DISPOSITION: AGENDA ITEM #
ORDINANCE NO. - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE
DEFINITION OF ACCESSORY USES AND CONTIGUOUS
AND ADDING A DEFINITION FOR ADJACENT LOT,
AGGREGATE AND AGGREGATION; AMENDING § 9.5-256
AGGREGATION OF DEVELOPMENT, AND § 9.5-349
SHORELINE SETBACKS, TO BE CONSISTENT WITH THE
NEW DEFINITION FOR ADJACENT LOT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. The current land development regulations do not provide a mechanism to allow
docks on adjacent lots.
2. A need has been recognized to define and allow aggregation of contiguous
properties.
3. The current land development regulations do not provide definitions or
procedures for aggregation that meet the weeds of Monroe County residents.
4. Federal and State law grants power to ?Monroe County to regulate and restrict
the use of land and buildings in order to promote the safety and general welfare of its
citizens.
5. Monroe County has adopted land use goals, policies, and objectives in a
comprehensive plan to guide policy on building and land use regulations, and to promote
health, safety, and general welfare.
6. The provision of this ordinance is consistent with the Monroe County
Comprehensive Plan and the Principles for Guiding Development in the Florida Keys
Area of Critical State Concern.
7, The Monroe County Planning Commission held a duly advertised public
hearing on May 24, 2006 and recommended that the BOCC approve the text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONIERS OF MONROE COUNTY, FLORIDA, THAT:
PROPOSED TEXT CHANGES are presented in str-��, to indicate deletions and
underline to indicate additions.
Pate l of 6
Section l
Amend and Add to §9.5-4 Definitions as follows-
(A-2) Accessary use or accessory structure means a use or structure that is subordinate
to and serves a principal use or structure; and
a) is subordinate in area, extent and purpose to the principal use or structure
served; and
b) contributes to the comfort, convenience or necessity of occupants of the
principal use or structure served; and
c) is located on the same lot or on contiguous lots under the same ownership
and in the same land use district as the principal use or structure except in
the case of docks located in residential land use districts which m.av be
located on adjacent lots as defined in this section.
d) Accessory uses include the utilization of yards for home gardens provided
that the produce of the garden is for noncommercial purpose.-'t:
e) In no event small an accessory use or structure be construed to authorize a
use or structure not otherwise permitted in the district in which the principal
use is located, and in no event shall an accessory use or structure including
docks be established prior to the principal use to which it is accessory.
f) Accessory uses shall not include guest units or any other potentially
habitable structure. Habitable structures are considered to be dwelling units
as defined below in this section.
(A-3.1) Ad �acent lot is a lot within 500 feet in a straight line from an Dint on the
property line of another lot. US-1 roads with a paved width reater. than 24 feet
and waterwa s will be considered a break in adjacency. The -only accessory use
permitted in an adjacent lot is a dock.
tA-5...l).KIggregate or AggLegation means to combine contiguous lots that share at least
50% or more of the border of the smaller lot or at least 50 linear feet Exam le 1.
Example 2 .Exam le 3 Example 4). Density on the aggregated lots/parcels will
be protected per §9 5 262. & 9.5-268.
(C-23)Contiguous means sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements or roads less than 24 feet
wide. Contiguity is interrupted by intervenimz natural or manmade waterways, US 1
roads with a paved width greater than 24 feet and easements other than unlit easements.
Exam. le 1: Lot I and Lot 2 are contiguous; Lot 2 and Lot 3 are coati uous; Lot 1 and
Lot 3 are not contiguous and cannot be aggregated without including Lot 2.
Page 2 of 6
1 2 3
Example 2: All lots will be considered contiguous as the lot lines will be deemed to
extend to center of the road as longy. as the road is not US I or has a p aved width Treater
than 24 feet. Please note that lot lines match up. The four lots can be a ire ated. Lot 1
and Lot 4 are not contiguous and can not be aggreated without including either Lot 2 or
3. Lot 2 and Lot 3 are not contiguous and can not be a rgre 7ated without includin 4 either
Lot I and Lot 4.
ROAD
Example 3: All lots could be considered
contiguous if all lots are included.
Lot 1 is contiguous with. Lot 2, Lot 3 Lot 4 and
Lot 5. Lot I can be.aggregated with Lot 2, Lot 3
and Lot 4 _ Lot I and Lot 5 can not be aggregated
unless the lots meet for at least 50 ft. or Lot 2
and/or Lot 4 is included in.the aggregation,
Lot 2 is contiguous and can be aggregated with Trot
I and Lot 5.
Lot 3 is contiguous and can be a Tre Tatcd with Lot l .Lot 4. and Lot 6
Lot 4 is contiguous and can be a T Tre gated with Lot 1. Lot 3. Lot 5 and Lot 6.
Lot 5 is coati Tuous with Lot 1 hot 2 Lot 4, and Lot b. Lot 5 can be a 3 Tre aced with Lot
2. Lot 4 and Lot 6. Lot 5 and Lot I can not be asp re ated unless the lots meet for at
least 50 ft. or Lot 2 and/or Lot 4 is included in the ag rre ration.
Lot 6 is contiguous uous and can be a; Ire;rated with Lot 3 Lot 4 and Lot 5.
Example 4: All lots would be considered contiguous if all lots are included. The paved
width of the road re resented is less than 24 feet.
Pale 3 of 6
Lot 1 is contiguous. and can be a=r >re rated with Lot 2
and Lot 4.
Lot 2 is contiguous with. Lot 1. Lot 3. Lot 4, Lot 5
and Lot 6. Lot 2 can be aggregated with Lot 1, Lot 3
mid Lot 5. Lot 2 can be a rreUated with Lot 4 if the
lots share at 50 ft. or the aggregation includes either
Lot I or Lot 5. Lot 2 can only be aggregated with
Lot 6 is the lots share at least 50 ft, or the aggre gag tion
includes either Lot 3 or Lot 5.
Lot 3 is contiguous and can be aggregated with. Lot 2. Lot 6 and Lot 7.
Lot 4 is contiguous with Lot I. Lot 2 and Lot 5. Lot 4 can be aggregated with Lot 1 and
Lot 5. Lot 4 can only be aggregated with Lot 2 if the lots share at least 50 ft. or the
aggregation includes either Lot 1 or Lot 5.
Lot 5 is contiguous and can be aggregated with Lot 2, Lot 4 and Lot 6.
Lot 6 is coati yuous with Lot.2, Lot 3 Lot 5 and Lot 7. Lot 6 can be a rre rated with Lot
3 Lot 5 and Lot 7, Lot 6 can only be a rre rated with Lot 2 if the lots share at least 50 ft.
or the aggrcfration in either Lot 3 or Lot 5.
Lot 7 is contiguous and can be aregated with Lot 3 and Lot 6.
Section 2.
AMEND § 9.5-256. Aggregation of Development., as follows:
Any development which has or is a part of a common. plan or theme of development or
use, including but not limited to an overall plan of development, common or shared
amenities, utilities or facilities, shall be aggregated for the purpose of determining
permitted or authorized development and compliance with each and every standard of
this chapter and for the purpose of determining the appropriate form of development
review.
Lots to be as rre ated under Section 9.5-4 LA5..1 . shall meet the following conditions:
a If the air 7rc=rated lots are separated by a road. the area of the road can not be
used in computing density for housing. open space or floor area unless the road
has been abandoned.
b A are aced lots must share unity of title.
c Development will take place in the least environmentativ sensitive area per
§9.5-345ffl and on the less restrictive tier.
d) In IS and URM subdivisions only one unit per lot is permitted.
Page 4 of 6
Section 3
AMEND § 9.5-349. Shoreline setback as follows:
(in) Docking Facilities Docking facilities shall be permitted, provided that:
(4) Notwithstanding the provisions of section 9.5-4(A-2), decking facilities
may be constructed on adjacent parcels as defined in 9.5-4 (A-3.1), anad.
under the following conditions:
(a) the adjacent lots'parcels are under common ownership,
b the principal structure is a lawfully established dwelling unit and
c the lot/parcel for the docking facility is not located in Tier (one).
,
legally established pfif.ieipal use and/or stmettife exists on one (1) . In
the event that ownership of the adjacent parcel containing such an accessory
dock is severed from. the parcel containing the principal use/stricture, the
dock must be removed and the shoreline restored.
Section 4. Severabilit .
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section 5.Conflieting Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 6. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission. approving ordinance pursuant to Chapter 380,
:Florida Statutes.
Page 5 of 6
Adiacenev and Azereaation Text Amendments
Section 7. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform. to the uniform numbering system of the
Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 72006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner Glenn Patton
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Page 6 of 6
MEMORANDUM
TO: The Board of County Commission
THRU: Ty Symi-oski, Director, Growth Management Division
FROM:: Aref Joulani, Sr. Director, Planning and Environ►nentaI Resources
Dept.
DATE: July 14, 2006
MEETING DATE: July 19, 2006
RE: AMENDMENTS TO MONROE COUNTY LAND DEVELOPMENT
REGULATIONS, SECTIONS 9.5_4 (Definitions), 9.5-256 (Aggregation
of Development), and 9.5-349 (Shoreline Setback).
I BACKGROUND
The proposed amendments to Sections 9.5-4 (Definitions), 9.5-256 (Aggregation of
Development) and 9.5-349 (Shoreline Setback) of the Monroe County Land
Development Regulations (LDRs) will add some definitions needed to clarify land use in.
Monroe County.
II SUMMARY
The proposed changes are as follows:
I . MODIFY THE DEFINITION :FOR ACCESSORY USES:
The current code §9.5-4 (A-2) defines accessory uses. Staff has added to the section that
a dock built on an adjacent lot as defined in §9.5-4 (A-4) will also be allowed as an
accessory use. Staff' has also restructured the definition to make it easier to apply and
understand.
2. DEFINES ADJACENT LOT
The current code §9.5-4 does not have a definition for Adjacent Lot. Staff has provided a
definition of adjacent lot and set forth criteria when an adjacent lot can be used to build a
dock.
3. DEFINES AGGREGATE AND AGGREGATION
The current code §9.5-4 does not have a definition for Aggregate or Aggregation. Staff
has provided a definition and set forth criteria when lots can be aggregated. Staff has
also provided. illustrations to help clarify the definition.
4. MODIFY THE .DEFINIT.ION FOR CONTIGUOUS:
The current code §9.5-4 (C-23) defines accessory uses. Staff has modified the section to
provide greater clarity.
Page I of 2
5. MODIFY THE RULES FOR AGGREGATION OF DEVELOPMENT:
The text amendment sets criteria for aggregation of development when using the new
definitions provided by this amendment.
5. MODIFY SHORELINE SETBACK --- DOCKING FACILITIES
The text amendment modifies the docking facilities explanation so it is consistent with
the new definitions laid out in the LDR.
III FINDINGS OF FACT
1. Staff finds that the proposed changes are consistent with Section 9.5-
511(d)(5)b.(i) and (ii) "changed projections" and "changed assumptions".
2. Staff finds the amendment consistent with the goals, objectives, and policies of
the Monroe County Year 2010 Comprehensive Plan.
3. Staff finds the amendment consistent with F.A.C. Chapters 93-5, Florida Statutes,
Chapter 163, and The Principles for Guiding Development.
IV PROPOSED TEXT CHANGE
Please see attached Ordinance.
VI RECOMMENDED ACTION:
Based on the Findings of pact above, the Development Review Committee recommends
APPROVAL of the proposed text change to Sections 9.5-4 (Definitions), 9.5-256
(Aggregation of Development), and 9.5-349 (Shoreline Setback) of the Monroe County
Land Development Regulations.
Page 2 of 2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July
19, 2006
Division:
Growth Management
Bulk Item: Yes
No X
Department:
Planning
Staff Contact Person: TV vmroski
AGENDA ITEM WORDING:
An ordinance to amend Section 9.5-4, Definitions, of the Monroe County Code, adding a definition for adjacent lot,
aggregate or aggregation, and amending the definition for contiguous, the ordinance further amends Section 9.5-256,
Aggregation of Development, establishing conditions for the aggregation of lots, and Section 9.5-349 Shoreline
Setbacks, to modify the docking facilities explanation to be consistent with the proposed changes in Section 9.5-4.
]1" of 1 required Public Hearing]
ITEM BACKGROUND:
This item was reviewed by the Development Review Committee on April 25, 2006. This item was reviewed and
recommended for approval by the Planning Commission on May 24, 2006.
PREVIOUS RELEVANT BOCC ACTION:
None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: N/A SOURCE OF FUNDS:
REVENUE PRODUCING: Yes N/A No _ AMOUNT PER MONTH Year
APPROVED BY: County Ally OMB/Purchasing Risk Management_
DIVISION DIRECTOR APPROVAL:-77 ?
Ty Symroski
DOCUMENTATION: Included X Not Required f
DISPOSITION: AGENDA ITEM # -J 1�
Version Proposed by Planning Department Staff
ORDINANCE NO. - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE
DEFINITION OF ACCESSORY USES AND CONTIGUOUS
AND ADDING A DEFINITION FOR ADJACENT LOT,
AGGREGATE AND AGGREGATION; AMENDING § 9.5-256
AGGREGATION OF DEVELOPMENT, AND § 9.5-349
SHORELINE SETBACKS, TO BE CONSISTENT WITH THE
NEW DEFINITION FOR ADJACENT LOT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. The current land development regulations do not provide a mechanism to allow
docks on adjacent lots.
2. A need has been recognized to define and allow aggregation of contiguous
properties.
3. The current land development regulations do not provide definitions or
procedures for aggregation that meet the needs of Monroe County residents.
4. Federal and State law grants power to Monroe County to regulate and restrict
the use of land and buildings in order to promote the safety and general welfare of its
citizens.
5. Monroe County has adopted land use goals, policies, and objectives in a
comprehensive plan to guide policy on building and land use regulations, and to promote
health, safety, and general welfare.
6. The provision of this ordinance is consistent with the Monroe County
Comprehensive Plan and the Principles for Guiding Development in the Florida Keys
Area of Critical State Concern.
7. The Monroe County Planning Commission held a duly advertised public
hearing on May 24, 2006 and made its recommendations to the board.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONIERS OF MONROE COUNTY, FLORIDA, THAT:
PROPOSED TEXT CHANGES are presented in stfikedffetigh to indicate deletions and
underline to indicate additions.
Page 1 of 6
Section 1
Amend and Add to §9.5-4 Definitions as follows:
(A-2) Accessory use or accessory structure means a use or structure that is subordinate
to and serves a principal use or structure; and
a) is subordinate in area, extent and purpose to the principal use or structure
served; and
b) contributes to the comfort, convenience or necessity of occupants of the
principal use or structure served; and
c) is located on the same lot or on contiguous lots under the same ownership
and in the same land use district as the principal use or structure except in
the case of docks located in residential land use districts which may be
located on adiacent lots as defined in this section.
d) Accessory uses include the utilization of yards for home gardens provided
that the produce of the garden is for noncommercial purpose; hewevef
e) In no event shall an accessory use or structure be construed to authorize a
use or structure not otherwise permitted in the district in which the principal
use is located, and in no event shall an accessory use or structure including
docks be established prior to the principal use to which it is accessory.
f) Accessory uses shall not include guest units or any other potentially
habitable structure. Habitable structures are considered to be dwelling units
as defined below in this section.
(A-3.1) Adiacent lot is a lot within 500 feet in a straight line from any point on the
property line of another lot. US-1 roads with a paved width greater than 24 feet
and waterways will be considered a break in adjacency. The only accessory use
permitted in an adjacent lot is a dock.
(A-5.1) Aggregate or Aggregation means to combine contiguous lots that share at least
50% or more of the border of the smaller lot or at least 50 linear feet (Example 1
Example 2, Example 3, Example 4). Density on the aggregated lotsPoarcels will
be protected per �9.5-262 & 9.5-268.
(C-23)Contiguous means sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements or roads less than 24 feet
wide. Contiguity is interrupted by intervening natural or manmade waterways US 1
roads with a paved width greater than 24 feet
Example 1: Lot 1 and Lot 2 are contiguous: Lot 2 and Lot 3 are contiguous• Lot 1 and
Lot 3 are not contiguous and cannot be aggregated without including Lot 2
Page 2 of 6
1 2 3
Example 2: All lots will be considered contiguous as the lot lines will be deemed to
extend to center of the road as long as the road is not US 1 or has a paved width rg eater
than 24 feet. Please note that lot lines match up. The four lots can be aggregated. Lot 1
and Lot 4 are not contiguous and can not be aggregated without including either Lot 2 or
3. Lot 2 and Lot 3 are not contiguous and can not be aggregated without including either
ROAD 7
Example 3: All lots could be considered
contiguous if all lots are included.
Lot 1 is contiguous with Lot 2, Lot 3, Lot 4 and
Lot 5. Lot 1 can be aggregated with Lot 2, Lot 3,
and Lot 4. Lot 1 and Lot 5 can not be aggregated
unless the lots meet for at least 50 ft. or Lot 2
and/or Lot 4 is included in the aggregation.
Lot 2 is contiguous and can be aggregated with Lot
1 and Lot 5.
Lot 3 is contiguous and can be aggregated with Lot 1, Lot 4, and Lot 6
Lot 4 is contiguous and can be aggregated with Lot 1, Lot 3, Lot 5, and Lot 6.
Lot 5 is contiguous with Lot 1, Lot 2, Lot 4, and Lot 6. Lot 5 can be aggregated with Lot
2, Lot 4 and Lot 6. Lot 5 and Lot 1 can not be aggregated unless the lots meet for at
least 50 ft. or Lot 2 and/or Lot 4 is included in the aggregation.
Lot 6 is contiguous and can be aggregated with Lot 3, Lot 4, and Lot 5.
Example 4: All lots would be considered contiguous if all lots are included. The paved
width of the road represented is less than 24 feet.
Page 3 of 6
Lot I is contiguous and can be aggregated with Lot 2
and Lot 4.
Lot 2 is contiguous with Lot 1, Lot 3, Lot 4. Lot 5
and Lot 6. Lot 2 can be aggregated with Lot 1, Lot 3
and Lot 5. Lot 2 can be aggregated with Lot 4 if the
lots share at 50 ft. or the aggregation includes either
Lot 1 or Lot 5. Lot 2 can only be aggregated with
Lot 6 is the lots share at least 50 ft. or the aggregation
includes either Lot 3 or Lot 5.
Lot 3 is contiguous and can be aggregated with Lot 2, Lot 6 and Lot 7
Lot 4 is contiguous with Lot 1, Lot 2 and Lot 5. Lot 4 can be aggregated with Lot 1 and
Lot 5. Lot 4 can only be aggregated with Lot 2 if the lots share at least 50 ft. or the
aggregation includes either Lot 1 or Lot 5.
Lot 5 is contiguous and can be aggregated with Lot 2, Lot 4 and Lot 6.
Lot 6 is contiguous with Lot 2, Lot 3, Lot 5 and Lot 7. Lot 6 can be aggregated with Lot
3 Lot 5 and Lot 7. Lot 6 can only be aggregated with Lot 2 if the lots share at least 50 ft.
or the aggregation includes either Lot 3 or Lot 5.
Lot 7 is contiguous and can be aggregated with Lot 3 and Lot 6.
Section 2.
AMEND § 9.5-256. Aggregation of Development., as follows:
Any development which has or is a part of a common plan or theme of development or
use, including but not limited to an overall plan of development, common or shared
amenities, utilities or facilities, shall be aggregated for the purpose of determining
permitted or authorized development and compliance with each and every standard of
this chapter and for the purpose of determining the appropriate form of development
review.
Lots to be aggregated under Section 9.5-4 (A5.1), shall meet the following conditions:
a) If the aggregated lots are separated by a road, the area of the road can not be
used in computing density for housing, open space or floor area unless the road
has been abandoned.
b) Aggregated lots must share unity of title.
c) Development will take place in the least environmentally sensitive area per
&9.5-345(f) and on the less restrictive tier.
d) In IS and URM subdivisions only one unit per lot is permitted.
Page 4 of 6
Section 3
AMEND § 9.5-349. Shoreline setback as follows:
(m) Docking Facilities: Docking facilities shall be permitted, provided that:
(4) Notwithstanding the provisions of section 9.5-4(A-2), docking facilities
may be constructed on adjacent parcels as defined in 6 9.5-4 (A-3.1), and
under the following conditions:
(a) the adiacent lots/parcels are under common ownership,
(b) the principal structure is a lawfully established dwelling unit, and
(c) the lot/parcel for the docking facility is not located in Tier I (one).
legally established prineip 1 use anEtlef stmetwe exists on one (1) pef eel. In
the event that ownership of the adjacent parcel containing such an accessory
dock is severed from the parcel containing the principal use/structure, the
dock must be removed and the shoreline restored.
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section S.Conflictina Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 6. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving ordinance pursuant to Chapter 380,
Florida Statutes.
Page 5 of 6
Adiacencv and Aeereeation Text Amendments
Section 7. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform to the uniform numbering system of the
Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 2006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner Glenn Patton
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
Page 6 of 6
Version Proposed by Planning Commission
ORDINANCE NO. - 2006
AN ORDINANCE OF THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING THE
DEFINITION OF ACCESSORY USES AND CONTIGUOUS
AND ADDING A DEFINITION FOR ADJACENT LOT,
AGGREGATE AND AGGREGATION; AMENDING § 9.5-256
AGGREGATION OF DEVELOPMENT, AND § 9.5-349
SHORELINE SETBACKS, TO BE CONSISTENT WITH THE
NEW DEFINITION FOR ADJACENT LOT; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners makes the following Findings
of Fact:
1. The current land development regulations do not provide a mechanism to allow
docks on adjacent lots.
2. A need has been recognized to define and allow aggregation of contiguous
properties.
3. The current land development regulations do not provide definitions or
procedures for aggregation that meet the needs of Monroe County residents.
4. Federal and State law grants power to Monroe County to regulate and restrict
the use of land and buildings in order to promote the safety and general welfare of its
citizens.
5. Monroe County has adopted land use goals, policies, and objectives in a
comprehensive plan to guide policy on building and land use regulations, and to promote
health, safety, and general welfare.
6. The provision of this ordinance is consistent with the Monroe County
Comprehensive Plan and the Principles for Guiding Development in the Florida Keys
Area of Critical State Concern.
7. The Monroe County Planning Commission held a duly advertised public
hearing on May 24, 2006 and recommended that the BOCC approve the text amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
IISSIONIERS OF MONROE COUNTY, FLORIDA, THAT:
PROPOSED TEXT CHANGES are presented in strikethrett to indicate deletions and
underline to indicate additions.
Page 1 of 6
Section 1
Amend and Add to §9.5-4 Definitions as follows:
(A-2) Accessory use or accessory structure means a use or structure that is subordinate
to and serves a principal use or structure; and
a) is subordinate in area, extent and purpose to the principal use or structure
served; and
b) contributes to the comfort, convenience or necessity of occupants of the
principal use or structure served; and
c) is located on the same lot or on contiguous lots under the same ownership
and in the same land use district as the principal use or structure except in
the case of docks located in residential land use districts which may be
located on adjacent lots as defined in this section.
d) Accessory uses include the utilization of yards for home gardens provided
that the produce of the garden is for noncommercial purpose; however-,
e) In no event shall an accessory use or structure be construed to authorize a
use or structure not otherwise permitted in the district in which the principal
use is located, and in no event shall an accessory use or structure including
docks be established prior to the principal use to which it is accessory.
f) Accessory uses shall not include guest units or any other potentially
habitable structure. Habitable structures are considered to be dwelling units
as defined below in this section.
(A-3.1) Adiacent lot is a lot within 500 feet in a straight line from any point on the
property line of another lot. US-1, roads with a paved width greater than 24 feet
and waterways will be considered a break in adjacency. The only accessory use
permitted in an adjacent lot is a dock.
(A-5.1) Aggregate or Aggregation means to combine contiguous lots that share at least
50% or more of the border of the smaller lot or at least 50 linear feet (Example 1.
Example 2. Example 3, Example 4). Density on the aggregated lots/parcels will
be protected per 0.5-262 & 9.5-268.
(C-23)Contiguous means sharing of a common border at more than a single point of
intersection. Contiguity is not interrupted by utility easements or roads less than 24 feet
Example 1: Lot 1 and Lot 2 are contiguous: Lot 2 and Lot 3 are contiguous: Lot 1 and
Lot 3 are not contiguous and cannot be aggregated without including Lot 2.
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1 2 3
Example 2: All lots will be considered contiguous as the lot lines will be deemed to
extend to center of the road as long as the road is not US 1 or has a paved width rg eater
than 24 feet. Please note that lot lines match up. The four lots can be aggregated. Lot 1
and Lot 4 are not contiguous and can not be aggregated without including either Lot 2 or
3. Lot 2 and Lot 3 are not contiguous and can not be aggregated without includingeither
ROAD 7 .�
Example 3: All lots could be considered
contiguous if all lots are included.
Lot I is contiguous with Lot 2, Lot 3, Lot 4 and
Lot 5. Lot 1 can be aggregated with Lot 2, Lot 3,
and Lot 4. Lot 1 and Lot 5 can not be aggregated
unless the lots meet for at least 50 ft. or Lot 2
and/or Lot 4 is included in the aggregation.
Lot 2 is contiguous and can be aggregated with Lot
1 and Lot 5.
Lot 3 is contiguous and can be aggregated with Lot 1, Lot 4, and Lot 6
Lot 4 is contiguous and can be aggregated with Lot 1, Lot 3, Lot 5, and Lot 6.
Lot 5 is contiguous with Lot 1, Lot 2, Lot 4, and Lot 6. Lot 5 can be aggregated with Lot
2, Lot 4 and Lot 6. Lot 5 and Lot 1 can not be aggregated unless the lots meet for at
least 50 ft. or Lot 2 and/or Lot 4 is included in the aggregation.
Lot 6 is contiguous and can be aggregated with Lot 3, Lot 4, and Lot 5.
Example 4: All lots would be considered contiguous if all lots are included The paved
width of the road represented is less than 24 feet.
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Lot 1 is contiguous and can be aggregated with Lot 2
and Lot 4.
Lot 2 is contiguous with Lot 1, Lot 3, Lot 4, Lot 5
and Lot 6. Lot 2 can be aggregated with Lot 1, Lot 3
and Lot 5. Lot 2 can be aggregated with Lot 4 if the
lots share at 50 ft. or the aggregation includes either
Lot 1 or Lot 5. Lot 2 can only be aggregated with
Lot 6 is the lots share at least 50 ft. or the aggre ag tion
includes either Lot 3 or Lot 5.
Lot 3 is contiguous and can be aggregated with Lot 2, Lot 6 and Lot 7.
Lot 4 is contiguous with Lot 1, Lot 2 and Lot 5. Lot 4 can be aggregated with Lot 1 and
Lot 5. Lot 4 can only be aggregated with Lot 2 if the lots share at least 50 ft. or the
aggregation includes either Lot 1 or Lot 5.
Lot 5 is contiguous and can be aggregated with Lot 2, Lot 4 and Lot 6.
Lot 6 is contiguous with Lot 2, Lot 3, Lot 5 and Lot 7. Lot 6 can be aggregated with Lot
3 Lot 5 and Lot 7. Lot 6 can only be aggregated with Lot 2 if the lots share at least 50 ft.
or the aggregation includes either Lot 3 or Lot 5.
Lot 7 is contiguous and can be aggregated with Lot 3 and Lot 6.
Section 2.
AMEND § 9.5-256. Aggregation of Development., as follows:
Any development which has or is a part of a common plan or theme of development or
use, including but not limited to an overall plan of development, common or shared
amenities, utilities or facilities, shall be aggregated for the purpose of determining
permitted or authorized development and compliance with each and every standard of
this chapter and for the purpose of determining the appropriate form of development
review.
Lots to be aggregated under Section 9.5-4 (A5.1), shall meet the following conditions:
a) If the aggregated lots are separated by a road, the area of the road can not be
used in computing density for housing, open space or floor area unless the road
has been abandoned.
b) Aggregated lots must share unity of title.
c) Development will take place in the least environmentally sensitive area per
&9.5-345(f) and on the less restrictive tier.
d) In IS and URM subdivisions only one unit per lot is permitted.
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Section 3
AMEND § 9.5-349. Shoreline setback as follows:
(m) Docking Facilities: Docking facilities shall be permitted, provided that:
(4) Notwithstanding the provisions of section 9.5-4(A-2), docking facilities
may be constructed on adjacent parcels as defined in & 9.5-4 (A-3.1), and
under the following conditions:
(a) the adjacent lots/parcels are under common ownership,
(b) the principal structure is a lawfully established dwelling unit, and
(c) the lot/varcel for the dockingfacility is not located in Tier I (one).
In
the event that ownership of the adjacent parcel containing such an accessory
dock is severed from the parcel containing the principal use/structure, the
dock must be removed and the shoreline restored.
Section 4. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance
shall be adjudged by any court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the
effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or
provision immediately involved in the controversy in which such judgment or decree
shall be rendered.
Section S.Conflictin¢ Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or
provision of any appropriate federal, state or county law, rule, code or regulation, the
more restrictive shall apply.
Section 6. Effective Date.
This ordinance shall be filed in the Office of the Secretary of State of the State of Florida,
but shall not become effective until a notice is issued by the Department of Community
Affairs or Administrative Commission approving ordinance pursuant to Chapter 380,
Florida Statutes.
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Adiacencv and Aecreeation Teat Amendments
Section 7. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of
Ordinances of the County of Monroe, Florida, as an addition or amendment thereto and
shall be appropriately numbered to conform to the uniform numbering system of the
Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of 12006.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner Glenn Patton
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
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