Item R13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning
Staff Contact Person: Ty Symroski
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.
[1st of 1 required Public Hearing]
ITEM BACKGROUND: Reviewed by the Development Review Committee on April 25, 2006.
Reviewed and recommended for approval by the Planning Commission on May 24, 2006.
PREVIOUS RELEVANT BOCC ACTION:
Discussed at the July 19, 2006 BOCC meeting and continued to the August 16, 2006 Meeting
with directions for staff to review the possibility of locating docking facilities on Tier I lots.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
ApprovaL
TOT AL 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 Atty X OMB/Purchasing
Risk Management_ _
DIVISION DIRECTOR APPROVAL:
T~}" ~c6 --6
// .
// Ty Sym os 1
c v
DOCUMENT A TION:
Included X
Not Required _
DISPOSITION:
AGENDA ITEM #
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 strikethrough to indicate deletions and
underline to indicate additions.
Page 1 of6
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 adj acent 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~ hov{8ver,
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-I. 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-S.l) 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 ~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 of6
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 greater
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
Lot 1 and Lot 4.
1
2
1
2
3
4
"
.:l
4
1 2
3 4 5
6
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 l, 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 of6
1 2 3
.. .. f'_--.~.C' ..
',",c'/_,Y.// /,,- ///..',.-,.'/,' ?'_' /,'',c-/,_',,/,o",_'/////'.._//////; ._'/ i.-j//</.-'" >'c" // ,'.'j.-'/c--._'~/
t:::-;::.::~.,.::,;::',t~t:~.::::'7;_::::::,,:r::'.,::~t~:.::~::r::,:;:"'~~<::
"
4 5 6 7
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 ag.gregation 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 (AS. I), 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
S9.5.345(f) and on the less restrictive tier.
d) In IS and URM subdivisions only one unit per lot is permitted.
Page 4 of6
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 Q 9.5-4 (A-3.1t 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/parcel for the docking facility is not located in Tier I ( one).
under the same ownership and within the same zoning district, provided that a
legally established principal use and/or structure exists on one (l) parceL In
the event that ownership of the adj acent 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 5.Conflictinf! 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 shan 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 of6
Adiacency and Al!l!rel.!:ation 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 of6
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 Momoe 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 Momoe 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 strikethrough to indicate deletions and
underline to indicate additions.
Page 1 of6
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~ hO'N6'/er,
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) Ad;acent lot is a lot within 500 feet in a straight line from any point on the
property line of another lot. US-I, roads with a paved width greater than 24 feet
and waterways will be considered a break in adiacency. The only accessory use
permitted in an adjacent lot is a dock.
(A-5.l) 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 99.5-262 & 9.5-268.
Example l: Lot 1 and Lot 2 are contiguous: Lot 2 and Lot 3 are contiguous; Lot] and
Lot 3 are not contiguous and cannot be aggregated without including Lot 2.
Page 2 of6
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 greater
than 24 feet. Please note that lot lines match up. The four lots can be aggregated. Lot]
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
Lot 1 and Lot 4.
1
2
1
2
.~'::---:~ ~...~4.~:~~;-:~;'::~
3
4
3
4
1 2
3 4 5
6
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 I. 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 1 is contiguous and can be aggregated with Lot 2
and Lot 4.
1
2
3
Lot 2 is contiguous with Lot L 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.
....... . ././. ..n..... ./. .. '. .....:t.;/:.
7~::::;':::::c:::::~~"~:t:t~:::~:::.::::,:t::,:~~t~::~:::::t:,:::::,,<;:::;~~
4
5
6
7
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 ifthe 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 (AS.!), 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
99.5-345(0 and on the less restrictive tier.
d) In IS and URM subdivisions only one unit per lot is permitted.
Page 4 of6
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 S 9.5-4 (A-3.n, 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/parcel for the docking facility is not located in Tier I ( one).
under the same o'Nnership and within the same zoning district, provided that a
legally established principal use and/or structure exists on one (1) parcel. 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 5.Conflictim:!: 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 of6
Adiacency and A2l!reeation 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 Tem Dixie Spehar
Commissioner George Neugent
Commissioner David Rice
Commissioner GlelU1 Patton
(SEAL)
ATTEST: DANNY 1. KOLHAGE, CLERK
Deputy Clerk
Page 60f6