HomeMy WebLinkAboutItem S3 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tern David Rice,District 4
J.
Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
January 28, 2026
Agenda Item Number: S3
25-0184
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution
Transmitting to the State Land Planning Agency an Ordinance Amending Policies 101.5.30,
101.5.31, 101.5.32, 101.5.33, 101.5.34 and the Glossary of the Monroe County Comprehensive
Plan to Increase the Maximum Height of Residential Structures from 35 feet to 42 Feet, as
Requested by the Monroe County Board of County Commissioners.
ITEM BACKGROUND: As part of a discussion item during the Monroe County Board of County
Commissioners' ("BOCC", "Monroe County", "Board", or the "County") April 16, 2025, regular
public meeting, regarding the height limits in the unincorporated county, the BOCC directed
professional staff to prepare language for potential amendment(s) to the Monroe County
Comprehensive Plan and Land Development Code that would result in an increase of the maximum
height of residential structures from 35 feet to 42 feet, eliminate the correlation of the residential
height exception to the new FEMA maps, amend the definition of grade, revise exceptions to
height, and address the need for additional height at Key West and Marathon airports.
As part of a discussion item during the BOCC's June 18, 2025, regular public meeting, regarding
height limits in the unincorporated county, the BOCC directed professional staff to process the
Comprehensive Plan and Land Development Code amendments that would amend the
Comprehensive Plan and Land Development Code to increase the maximum height of residential
structures from 3 5 feet to 42 feet, amend the definitions of grade and height,revise the structures that
are listed as exceptions to the maximum height restriction, remove the flood related exceptions to
height, and allow for additional height related to airports as approved by the FAA and in accordance
with the adopted airport master plan, as discussed.
PREVIOUS RELEVANT BOCC ACTION: None
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Transmittal Resolution 2025 080
2025-080 Draft Ord
FINANCIAL IMPACT: N/A
PubliciConsider v esi Transmitting tote State Land
Planningcy an Ordinance AmendingPolicies 10 1.5.30, 101.5.31, 101.5.32, . ,
1.5.34 and the Glossary of the Monroe County ComprehensiveIncrease the
Maximumi t of ResidentialStructures from 5 feet to 42 Feet, as Requestedy the
Monroe County BoardCommissioners.
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4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 To: Monroe County Board of County Commissioners
9
10 Through: Devin Tolpin, A.I.C.P.,1 C.F.M.,2
11 Senior Director, Monroe County Planning and Environmental Resources Department
12
13 From: Barbara Powell, Planning Policy Advisor
14 Monroe County Planning and Environmental Resources Department
15
16 Date: December 18, 2025
17
18 Subject: An Ordinance Approving Amendment of Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33,
19 103.5.34 and the Glossary of the Monroe County Comprehensive Plan to increase the
20 maximum height of residential structures from 35 feet to 42 feet, amend the definitions of
21 grade and height, revise the structures that are listed as exceptions to the maximum height
22 restriction, remove the flood related exceptions to height, and allow for additional height
23 related to airports as approved by the FAA and in accordance with the adopted airport
24 master plan, as requested by the BOCC at their June 18, 2025, Regular Commission
25 Meeting.3
26
27 Meeting: January 28, 2026
28
29 I. REQUEST
30
31 At the Monroe County Board of County Commissioners' ("BOCC", "Monroe County", "Board", or the
32 "County") June 18, 2025, regular public meeting, the BOCC directed Monroe County Planning and
33 Environmental Resources Department professional staff to amend the Monroe County Comprehensive
34 Plan and Land Development Code to increase the maximum height of residential structures from 35 feet
35 to 42 feet, amend the definitions of grade and height, revise the structures that are listed as exceptions to
36 the maximum height restriction, remove the flood related exceptions to height, and allow for additional
37 height related to airports as approved by the FAA'and in accordance with the adopted airport master plan.
38
39 Concurrent Applications
40 There is a corresponding proposed text amendment to Sections 101-1 and 131-2 of the Monroe County
41 Land Development Code("LDC"),to amend the definitions of grade and height;to increase the maximum
42 height of residential structures from 35 feet to 42 feet; to revise the structures that are listed as exceptions
1 American Institute of Certified Planners(A.I.C.P.)—Certification.
2 Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
3 Monroe County Planning and Environmental Resources Department("Department")File No. 2025-080.
4 Federal Aviation Administration.
BOCC SR 01.28.2026 Page 1 of 10
Department File No.2025-080
I to the maximum height restriction, and allow for additional height related to airports as approved by the
2 FAA and in accordance with the adopted airport master plan.'
3
4 II. BACKGROUND INFORMATION
5
6 The BOCC, at its April 16, 2025, regular public meeting, had a discussion item on the agenda regarding
7 the height limits in Monroe County. Emily Schemper, Growth Management Director, provided an
8 overview of the current Monroe County height regulations with a comparison to the municipalities in the
9 Florida Keys. The presentation included information such as the roof-top equipment that is/is not currently
10 exempted from the height limitation, how height is measured, such as, crown/curb of the road or pre-
II construction natural grade, and the height exception for the Wrecker's Cay development(located on Stock
12 Island) that was adopted into the Comprehensive Plan (Policy No.111.1.1). After discussion, the BOCC
13 directed professional staff to bring back language for potential amendment(s) to the LDC and
14 Comprehensive Plan that would result in an increase of the maximum height of residential structures from
15 35 feet to 42 feet, eliminate the correlation of the residential height exception to the new FEMA maps,
16 amend the definition of grade, revise exceptions to height, and address the need for additional height at
17 Key West and Marathon airports.
18
19 The BOCC, at its June 18, 2025, regular public meeting,had a discussion item on the agenda as a follow-
20 up to above-referenced BOCC direction given at the April 16, 2025,regular public meeting.Devin Tolpin,
21 Senior Director, Monroe County Planning and Environmental Resources Department, provided an
22 overview of the current regulations and two possible options for amending the comprehensive plan and
23 land development code for increasing the maximum height limitations. In addition to the presentation, a
24 strike-through/underline version of the proposed language for each option was included in the agenda
25 item's package. After hearing the presentation and having some discussion, the BOCC directed staff to
26 process the Comprehensive Plan and Land Development Code amendments that would implement the
27 concepts in Option 2., as discussed.
28
29 Community Meeting and Public Participation
30 In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
31 meeting was held on July 22, 2025, to discuss the proposed amendment to the Monroe County 2030
32 Comprehensive Plan.
33
34 Development Review Committee ("DRC") Meeting and Public Input
35 On August 26, 2025, the DRC considered the proposed amendment and provided for public input. On
36 August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-25, recommending approval of
37 the proposed text amendment.
38
39 Monroe County Planning Commission Meeting and Public Input
40 On October 22, 2025, the Monroe County Planning Commission considered the proposed amendment,
41 provided for public input and recommended approval to the Board of County Commissioners of the
42 proposed amendment to the Monroe County Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32,
43 101.5.33, 103.5.34 and the Glossary, with the exception of the proposed amendment to the definition of
44 Grade.
45
5 Department File No. 2025-081.
BOCC SR 01.28.2026 Page 2 of 10
Department File No.2025-080
1 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENT
2 Proposed text is shown as follows: additions are set forth below in red underline and deletions are set forth
3 infedst- iP + u
4
5 Comprehensive Plan Glossary:
6
7 Grade means the ,
8 4 t , crown or curb of the nearest road directly adjacent to the structure;
10
11 Height means the vertical distance between grade and the highest part of any structure,
12 , excluding the following: spires and/or steeples on structures used for
13 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; mechanical
14 i solar apparatus; utility poles and/or transmission towers;
15 certain antenna supporting structures with attached antenna and/or collocations as permitted in the
16 Land Development Code oof-mounted mechanical
17 the FloridaBuilding . However,in no event shall any of the exclusions
18 enumerated in this definition be construed to permit any habitable or usable space to exceed the
19 maximum height limitation. In the case of airport districts, the height limitations therein shall be
20 absolute and the exclusions enumerated in this definition shall not apply
21 Aviation Administration
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22
23 ****
24 Policy 101.5.30
25 In order to preserve the existing community character and natural environment, Monroe County shall
26 limit the height of nonresidential and transient structures including landfills to 35 feet. Structures
27 devel aximum height of 42 feet. Height is defined
28 as the vertical distance between grade and the highest part of any structure,
29 , excluding spires and/or steeples on structures used for institutional and/or public uses
30 only;chimneys;radio and/or television antennas; flagpoles;mechanical�g��ment�elevqtor shafts and
31 , solar apparatus; utility poles and/or transmission towers; and certain antenna supporting
32 structures with attached antennas and/or collocations; i
33 roof-mounted mechani Code. However, in no event
34 shall any of the exclusions enumerated above be construed to permit any habitable or usable space to
35 exceed the applicable height limitations, except as specifically permitted in Policies 101.5.31; and
36 101.5.32 . . . In the case of airport districts,there shall be no exceptions to the height
37 limitation unless
38
39 (Ord. No. 016-2017, § l, 9-27-2017)
40
41 Policy 101.5.31
42 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
43 community,and has a distinct community character,nonresidential and transientbuildings may include
44 non-habitable architectural decorative features (such as finials, railings, widow's walk, parapets) that
45 exceed the 3 5-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
46 building's roof-line. This exception shall not result in a building together with any architectural
47 decorative feature with a height that would exceed 40 feet.
BOCC SR 01.28.2026 Page 3 of 10
Department File No.2025-080
1
2 In addition,within the Ocean Reef gated master planned community,upon evidence submitted that the
3 proposed building height has been approved by the master association, Ocean Reef Community
4 Association Inc., pursuant to its Building Regulations and Restrictions, buildings containing
5 multifamily residential,transient, and/or nonresidential uses may be developed or redeveloped to a total
6 maximum building height of 60 feet, provided the buildings are limited to four (4) habitable floors.
7 Such development on property owned by Ocean Reef Club, Inc. shall not be required to provide
8 evidence it has been approved by the master association,based on its exemption from master association
9 review under the Ocean Reef gated master planned community's governing documents. As used in this
10 policy, a master planned community means a planned community of 100 or more acres in area subject
11 to a master plan or other development order approved by the county where public access is restricted
12 and the community is operated and maintained by the community including the provision of
13 comprehensive, private utilities and transportation facilities and services within its boundaries and a
14 homeowners association or similar entity which regulates development standards and monitors
15 development requests by its members.
16 (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 046-2019, § 1, 12-11-2019)
17
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BOCC SR 01.28.2026 Page 4 of 10
Department File No.2025-080
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13 Policy 101.5.311111 IIIIIIIIIII II
3
14 Monroe County shall maintain Land Development Regulations which provide a Flood Protection
15 Height Exception for lawfully established existing buildings which exceed the 35-foot height limit, to
16 promote public health, safety and general welfare; allow adaptation to coastal flooding, storm surge and
17 other hazards; protect property from flooding and minimize damages; minimize public and private
18 losses due to flooding; minimize future expenditures of public funds for flood control projects and for
19 recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established
20 existing building may be repaired,improved,redeveloped and/or elevated to meet required FEMA base
21 flood elevation(BFE)provided the building does not exceed a total maximum building height of 4042
22 feet, and the building is limited to the existing lawfully established intensity, floor area, building
23 envelope(floor to floor height),density and type of use. For lawfully established existing buildings that
24 are proposed to exceed a total height of 4042 feet, a public hearing before the Planning Commission
25 and the Board of County Commissioners shall be required to review and specify the maximum approved
26 height prior to issuance of any county permit or development approval.The Planning Commission shall
27 provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt
28 a resolution specifying the maximum approved height.
29
30 Policy 101.5.343
31 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and Chapters
32 118 and 130 of the Land Development Code, and the minimum required setbacks in Policy 212.2.4,
33 and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-existing residential
34 dwelling unit, not including mobile homes, may be elevated above base flood level (design flood
35 elevation) to reduce flood damage, pursuant to:
36 The lawfully-existing dwelling unit structure is elevated within the original (lawfully-existing)
37 footprint of the structure.
38 Setbacks and land use open space requirements are waived to allow necessary improvements to a
39 dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary
40 improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
41 waiver provided shall be the minimum necessary to provide access to the structure that is in
42 compliance with fire code requirements.
43 Side and rear setback and open space requirements are waived to allow accessory elevated
44 platforms above base flood for equipment(mechanical,plumbing and electrical systems,appliances
45 and components) situated at least two (2) feet from the side yard property line or at least five (5)
46 feet from the rear yard property line.
BOCC SR 01.28.2026 Page 5 of 10
Department File No.2025-080
I • Maximum possible shoreline setbacks and open space are to be maintained, and in no event shall a
2 required shoreline setback be reduced to less than ten (10) feet from mean high water except to
3 accommodate the lawfully existing footprint of the structure to be elevated.
4 • The improvements shall be constructed to avoid off-site discharge of stormwater from the subject
5 parcel, in accordance with Section 114-3 of the Monroe County Land Development Code.
6 • Development shall maintain compliance to the maximum extent practicable, as determined by the
7 Planning Director.
8 0 This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see
9 Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation
10 easement.
11 0 This Policy does not restrict a property owner from proposing other additions or improvements to
12 the elevated dwelling unit, as long as the additions, enlargements, expansions, and extensions do
13 not create a nonconformity or cause a further violation to an existing nonconformity.
14 • New construction or reconstruction of single-family dwelling units shall comply with the setback
15 and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in Chapters 118, 130,
16 and 131 of the Monroe County Land Development Code.
17
18
19
20 IV. ANALYSIS OF PROPOSED AMENDMENT:
21
22 The proposed amendment will increase the maximum height of residential structures from 35 feet to 42
23 feet, amend the definitions of grade and height, revise the structures that are listed as exceptions to the
24 maximum height restriction, and allow for additional height related to airports as approved by the FAA
25 and in accordance with the adopted airport master plans.
26
27 Amending the definition of grade creates meaningful and predictable standards for measuring the proposed
28 increase in the maximum height of residential structures from 35 feet to 42 feet. The proposed amendment
29 retains the current 35 foot height limitation for nonresidential and transient structures.
30
31 Further, the amendment adds mechanical equipment and elevator shafts and equipment to the list of roof-
32 top equipment that are excluded from the definition of height, along with the associated guard railings as
33 required by the Florida Building Code. The amendment allows an exception to the height limitation within
34 airport districts if approved by the FAA.
35
36 Finally,the amendment removes the Flood Protection Height Exception which allows up to a maximum of
37 five(5) feet above the 35-foot height limit. Given that the overall increase is seven(7) feet from the current
38 height restriction, the prior exception is no longer necessary.
39
40 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
41 THE PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES:
42
43 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
44 County Year 2030 Comprehensive Plan. Specifically, it furthers:
45
46 GOAL 101
BOCC SR 01.28.2026 Page 6 of 10
Department File No.2025-080
I Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
2 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
3
4 Objective 218.3
5 Monroe County shall be consistent with, or more stringent than, the flood-resistant construction
6 requirements in the Florida Building Code and applicable floodplain management regulations set forth in
7 44 C.F.R. part 60 [F.S. § 163.3178(2)(f)4.].
8 Objective 218.5
9 Monroe County shall encourage participation in the National Flood Insurance Program Community Rating
10 System administered by the Federal Emergency Management Agency to achieve flood insurance premium
11 discounts for their residents [F.S. § 163.3178(2)(f)6.].
12
13 Policy 218.5.1 (was Policy 216.1.5)
14 Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) Community
15 Rating System (CRS) to the maximum extent possible and shall continue to seek to improve its current
16 CRS Class rating. [F.S. § 163.3178(2)(d)(f)].
17
18 Policy 218.2.5 (was Policy 216.1.6)
19 Monroe County shall continue to enforce federal, state and local construction, setback and elevation
20 requirements to promote the protection and safety of life and property. Existing setback requirements
21 contained in the land development code shall be evaluated as a means of reducing property damage caused
22 by storms. [F.S. § 163.3178(2)(d)]
23
24 Objective 601.3
25 Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve,
26 conserve and enhance the existing housing stock, including historic structures and sites. [F.S. §
27 163.3177(6)(f)1., 3.]
28
29 Policy 601.3.2
30 The County Code Compliance Office and Building Department will enforce building code regulations and
31 County ordinances governing the structural condition of the housing stock,to ensure the provision of safe,
32 decent and sanitary housing and stabilization of residential neighborhoods.
33
34 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
35 Area, Section 380.0552(7), Florida Statutes.
36
37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
38 principles for guiding development and any amendments to the principles, the principles shall be
39 construed as a whole and no specific provision shall be construed or applied in isolation from the other
40 provisions.
41
42 (a) Strengthening local government capabilities for managing land use and development so
43 that local government is able to achieve these objectives without continuing the area of
44 critical state concern designation.
45 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
46 seagrass beds, wetlands, fish and wildlife, and their habitat.
BOCC SR 01.28.2026 Page 7 of 10
Department File No. 2025-080
I (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
2 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
3 beaches, wildlife, and their habitat.
4 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
5 economic development.
6 (e) Limiting the adverse impacts of development on the quality of water throughout the
7 Florida Keys.
8 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
9 environment, and ensuring that development is compatible with the unique historic
10 character of the Florida Keys.
11 (g) Protecting the historical heritage of the Florida Keys.
12 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
13 proposed major public investments, including:
14 1. The Florida Keys Aqueduct and water supply facilities;
15 2. Sewage collection, treatment, and disposal facilities;
16 3. Solid waste treatment, collection, and disposal facilities;
17 4. Key West Naval Air Station and other military facilities;
18 5. Transportation facilities;
19 6. Federal parks, wildlife refuges, and marine sanctuaries;
20 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
21 properties;
22 8. City electric service and the Florida Keys Electric Co-op; and
23 9. Other utilities, as appropriate.
24 (i) Protecting and improving water quality by providing for the construction, operation,
25 maintenance, and replacement of stormwater management facilities; central sewage
26 collection; treatment and disposal facilities; and the installation and proper operation and
27 maintenance of onsite sewage treatment and disposal systems.
28 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
29 operation of wastewater management facilities that meet the requirements of ss.
30 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
31 central wastewater treatment facilities through permit allocation systems.
32 (k) Limiting the adverse impacts of public investments on the environmental resources of the
33 Florida Keys.
34 (1) Making available adequate affordable housing for all sectors of the population of the
35 Florida Keys.
36 (m) Providing adequate alternatives for the protection of public safety and welfare in the
37 event of a natural or manmade disaster and for a post disaster reconstruction plan.
38 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
39 maintaining the Florida Keys as a unique Florida resource.
40
BOCC SR 01.28.2026 Page 8 of 10
Department File No.2025-080
I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
2 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
3
4 C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statutes ("F.S.").
5 Specifically, the amendment furthers:
6
7 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and
8 enhance present advantages; encourage the most appropriate use of land, water, and resources,
9 consistent with the public interest; overcome present handicaps; and deal effectively with future
10 problems that may result from the use and development of land within their jurisdictions. Through the
11 process of comprehensive planning, it is intended that units of local government can preserve,
12 promote,protect, and improve the public health,safety,comfort,good order,appearance,convenience,
13 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
14 provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other
15 requirements and services; and conserve, develop, utilize, and protect natural resources within their
16 jurisdictions.
17
18 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal
19 status set out in this act and that no public or private development shall be permitted except in
20 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
21 conformity with this act.
22
23 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and
24 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
25 development of the area that reflects community commitments to implement the plan and its elements.
26 These principles and strategies shall guide future decisions in a consistent manner and shall contain
27 programs and activities to ensure comprehensive plans are implemented. The sections of the
28 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
29 and policies, shall describe how the local government's programs, activities, and land development
30 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
31 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
32 in the comprehensive plan but rather to require identification of those programs, activities, and land
33 development regulations that will be part of the strategy for implementing the comprehensive plan and
34 the principles that describe how the programs, activities, and land development regulations will be
35 carried out. The plan shall establish meaningful and predictable standards for the use and development
36 of land and provide meaningful guidelines for the content of more detailed land development and use
37 regulations.
38
39 163.3 18 11 F.S.: Public participation in the comprehensive planning process; intent; alternative dispute
40 resolution.
41 (1) It is the intent of the Legislature that the public participate in the comprehensive planning
42 process to the fullest extent possible. Towards this end, local planning agencies and local
43 governmental units are directed to adopt procedures designed to provide effective public
44 participation in the comprehensive planning process and to provide real property owners with
45 notice of all official actions which will regulate the use of their property. The provisions and
46 procedures required in this act are set out as the minimum requirements towards this end.
BOCC SR 01.28.2026 Page 9 of 10
Department File No.2025-080
1 (2) During consideration of the proposed plan or amendments thereto by the local planning agency
2 or by the local governing body, the procedures shall provide for broad dissemination of the
3 proposals and alternatives, opportunity for written comments, public hearings as provided
4 herein, provisions for open discussion, communications programs, information services, and
5 consideration of and response to public comments.
6 163.32011 F.S.: Relationship of comprehensive plan to exercise of land development regulatory
7 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
8 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
9 development of lands and waters within an area. It is the intent of this act that the adoption and
10 enforcement by a governing body of regulations for the development of land or the adoption and
11 enforcement by a governing body of a land development code for an area shall be based on, be related
12 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
13
14 VI. PROCESS
15
16 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Planning
17 Commission, the Director of Planning, or the owner or other person having a contractual interest in
18 property to be affected by a proposed amendment. The Director of Planning shall review and process
19 applications as they are received and pass them onto the Development Review Committee and the
20 Planning Commission.
21
22 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
23 the application, the reports and recommendations of the Department of Planning & Environmental
24 Resources and the Development Review Committee and the testimony given at the public hearing. The
25 Planning Commission shall submit its recommendations and findings to the Board of County
26 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
27 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
28 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
29 Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal
30 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
31 report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not
32 adopt the amendment.
33
34
35 VII. PROFESSIONAL STAFF RECOMMENDATION
36
37 Professional staff recommends approval of the proposed amendment to Comprehensive Plan Policies
38 101.5.301 101.5.31, 101.5.321 101.5.33, 103.5.34 and the Glossary.
39
40 VIII. EXHIBITS
41 1. Draft Ordinance
42
BOCC SR 01.28.2026 Page 10 of 10
Department File No.2025-080
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7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 RESOLUTION NO. - 2026
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
13 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
14 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
15 POLICIES 101.5.30, 101.5.319 101.5.32, 101.5.339 101.5.34, AND THE
16 GLOSSARY OF THE MONROE COUNTY 2030 COMPREHENSIVE
17 PLAN TO INCREASE THE MAXIMUM HEIGHT OF
18 RESIDENTIAL STRUCTURES FROM 35 FEET TO 42 FEET, AS
19 REQUESTED BY THE BOCC AT THEIR JUNE 189 2025,REGULAR
20 COMMISSION MEETING; PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
25 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
26 FOR AN EFFECTIVE DATE.1
27
28
29 WHEREAS, the Monroe County Board of County Commissioners ("BOCC", "Monroe
30 County", "Board", or the "County") conducted a public hearing for the purpose of considering the
31 transmittal pursuant to the State Coordinated Review Process in Section 163.3184(4), Florida
32 Statutes, to the state land planning agency for objections,recommendations and comments, and to
33 the other Reviewing Agencies as defined in Section 163.3184(1)(c), Florida Statutes., for review
34 and comment on a proposed amendment to the Monroe County Comprehensive Plan as described
35 above; and
36
37 WHEREAS, the BOCC supports approval to transmit the subject Comprehensive Plan
38 amendment;
39
40 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
41 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
42
43 Section 1. The foregoing recitals, findings of fact, and conclusions of law are true and correct
44 and are hereby incorporated as if fully stated herein.
45
'Monroe County Planning and Environmental Resources Department File No. 2025-080.
1 of 2
46 Section 2. The analysis, findings of fact, and conclusions of law in the December 18, 2025-
47 dated Monroe County Planning and Environmental Resources Department
48 ("Department") professional staff report accompanying this BOCC agenda item,
49 prepared from Department Policy Planning Advisor Barbara Powell and through
50 Senior Director Devin Tolpin, A.I.C.P., C.F.M., is/are adopted, to the extent not
51 plainly inconsistent with this approval, as the BOCC's own analysis, findings of
52 fact, and conclusions of law, and the BOCC hereby incorporates said professional
53 staff report as if fully set forth herein.
54
55 Section 3. The Board of County Commissioners does hereby adopt the recommendation of the
56 Planning Commission to transmit the draft ordinance, attached as Exhibit A, for
57 review of the proposed Comprehensive Plan Text amendment.
58
59 Section 4. The Board of County Commissioners does hereby transmit the proposed
60 amendment to the State Land Planning Agency for review and comment in
61 accordance with the State Coordinated Review process pursuant to Section
62 163.3184(4), Florida Statutes.
63
64 Section 5. Monroe County professional staff is hereby given authority to prepare and submit
65 the required transmittal letter and supporting documents for the proposed
66 amendment in accordance with the requirements of Section 163.3184(4), Florida
67 Statutes.
68
69 Section 6. The Clerk of the Board is hereby directed to forward a certified copy of this
70 resolution to the Director of Planning.
71
72 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3 Florida, at a regular meeting held on the 28th day of January, 2026.
4
75 Mayor Michelle Lincoln, District 2
76 Mayor Pro Tem David Rice, District 4
77 Commissioner Craig Cates, District 1
78 Commissioner James K. Scholl, District 3
9 Commissioner Holly Merrill Raschein, District 5
0
81 BOARD OF COUNTY COMMISSIONERS
82 OF MONROE COUNTY, FLORIDA
83
84 By:
85 Mayor Michelle Lincoln
86 (SEAL)
87v
88 ATTEST: KEVIN MADOK, CLERK a
89
90
91 AS DEPUTY CLERK
2 of 2
EXHIBIT A TO RES. NO. - 2026
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7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2026
10
11 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS AMENDING POLICIES 101.5.30,
13 101.5.319 101.5.329 101.5.33, 101.5.349 AND THE GLOSSARY OF THE
14 MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
15 INCREASE THE MAXIMUM HEIGHT OF RESIDENTIAL
16 STRUCTURES FROM 35 FEET TO 42 FEET, AS REQUESTED BY
17 THE BOCC AT THEIR JUNE 189 2025, REGULAR COMMISSION
18 MEETING; PROVIDING FOR SEVERABILITY; PROVIDING FOR
19 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
20 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
21 AND THE SECRETARY OF STATE; PROVIDING FOR
22 AMENDMENT TO AND INCORPORATION IN THE MONROE
23 COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN
24 EFFECTIVE DATE. (FILE NO. 2025-080)
25
26
27 WHEREAS, at the June 18, 2025, Regular Commission meeting, the Monroe County
28 Board of County Commissioners ("BOCC") directed Planning and Environmental Resources
29 Department staff ("Staff') to amend the Monroe County 2030 Comprehensive Plan and Land
30 Development Code to increase the maximum height of residential structures from 35 feet to 42
31 feet, amend the definition of grade, revise the structures that are listed as exceptions to the
32 maximum height restriction,remove the flood related exceptions to height, and allow for additional
33 height related to airports as approved by the FAA in accordance with the adopted airport master
34 plans; and
35
36 WHEREAS, on July 22, 2025, Department professional staff held a Community Meeting
37 in accordance with Land Development Code ("Code" or"LDC") Section 102-159(b)(3)to discuss
38 the proposed amendments to the Land Development Code and Comprehensive Plan, and provide
39 for public participation; and
40
41 WHEREAS,the Monroe County Development Review Committee("DRC")reviewed and
42 considered the proposed amendment at a regularly scheduled meeting held on August 26, 2025;
43 and
44
45 WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-
46 25, recommending approval of the proposed text amendment; and
Ord. - 2026 Page 1 of 8
I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
2 public hearing on the 22nd day of October 2025, for review and recommendation on the proposed
3 Comprehensive Plan text amendment; and
4
5 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P29-25
6 recommending approval as discussed during the hearing of the proposed amendment, with the
7 exception of the proposed amendment to the definition of grade; and
8
9 WHEREAS,at a regular meeting held on the 28th day of January 2026,the Monroe County
10 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
11 text amendment, considered the staff report and provided public comment and public participation
12 in accordance with the requirements of state law and the procedures adopted for public
13 participation in the planning process; and
14
15 WHEREAS, at the January 28, 2026, public hearing, the BOCC considered the proposed
16 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
17 Agency; and
18
19 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
20 Objections, Recommendations and Comments ("ORC") report on received by the
21 County on ; and
22
23 WHEREAS,the ORC report <did/did not> identify any objections, recommendations, or
24 comments; and
25
26 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
27 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
28
29 WHEREAS, at a regularly scheduled meeting on the day of the
30 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
31 amendment;
32
33 WHEREAS, based upon the information and documentation submitted, the BOCC made
34 the following findings of fact and conclusions of law:
35 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
36 Monroe County Year 2030 Comprehensive Plan; and
37 2. The proposed amendment is consistent with the Principles for Guiding Development
38 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
39 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
42 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Ord. - 2026 Page 2 of 8
1
2 Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact,statements
3 of legislative intent, and conclusions of law are true and correct and are hereby
4 incorporated as if fully stated herein.
5
6 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
7 (Deletions are shown r*r;'TA ,hErL O A additions are shown underlined):
8
9 Glossary:
10
11 Grade means the ,
12 �A A Ly �r crown or curb of the nearest road directly adjacent to the
13 structure, VVs TTYIrig1�.
14
15 Height means the vertical distance between grade and the highest part of any structure,
16 �����a excluding the following: spires and/or steeples on
17 structures used for institutional and/or public uses only; chimneys; radio and/or television
18 antenna; flagpoles; mechanical equipment; elevator shafts and equipment; solar apparatus;
19 utility poles and/or transmission towers; certain antenna supporting structures with attached
20 antenna and/or collocations as permitted in the Land Development Code; and guards installed
21 no more than 3 feet from roof-mounted mechanical equipment, as required by the Florida
22 Building- Code. However, in no event shall any of the exclusions enumerated in this definition
23 be construed to permit any habitable or usable space to exceed the maximum height limitation.
24 In the case of airport districts,the height limitations therein shall be absolute and the exclusions
25 enumerated in this definition shall not apply unless approved by the Federal Aviation
26 Administration (FAA).
27
28
29
30
31 Policy 101.5.30
32 In order to preserve the existing community character and natural environment, Monroe County
33 shall limit the height of nonresidential and transient structures including landfills to 35 feet.
34 Structures developed exclusively with residential uses shall have a maximum height of 42 feet.
35 Height is defined as the vertical distance between grade and the highest part of any structure,
36 XXX%W.L%A%-JXX.Lt� � -,tp, excluding spires and/or steeples on structures used for
37 institutional and/or public uses only; chimneys; radio and/or television antennas; flagpoles;
38 mechanical equipment; elevator shafts and equipment; solar apparatus; utility poles and/or
39 transmission towers; certain antenna supporting structures with attached antennas and/or
40 collocations; and guards installed no more than 3 feet from roof-mounted mechanical equipment,
41 as required by the Florida Building- Code. However, in no event shall any of the exclusions
42 enumerated above be construed to permit any habitable or usable space to exceed the applicable
43 height limitations, except as specifically permitted in Policies 101.5.31, and 101.5.32 d
44 . In the case of airport districts, there shall be no exceptions to the height
45 limitation unless approved by the Federal Aviation Administration (FAA).
Ord. - 2026 Page 3 of 8
I (Ord. No. 016-2017, § 1, 9-27-2017)
2
3 Policy 101.5.31
4 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
5 community, and has a distinct community character, nonresidential and transient buildings may
6 include non-habitable architectural decorative features (such as finials, railings, widow's walk,
7 parapets) that exceed the 3 5-foot height limit in Policy 101.5.30, but such features shall not
8 exceed 5 feet above the building's roof-line. This exception shall not result in a building together
9 with any architectural decorative feature with a height that would exceed 40 feet.
10
11 In addition, within the Ocean Reef gated master planned community, upon evidence submitted
12 that the proposed building height has been approved by the master association, Ocean Reef
13 Community Association Inc., pursuant to its Building Regulations and Restrictions, buildings
14 containing multifamily residential, transient, and/or nonresidential uses may be developed or
15 redeveloped to a total maximum building height of 60 feet, provided the buildings are limited to
16 four (4) habitable floors. Such development on property owned by Ocean Reef Club, Inc. shall
17 not be required to provide evidence it has been approved by the master association,based on its
18 exemption from master association review under the Ocean Reef gated master planned
19 community's governing documents. As used in this policy, a master planned community means a
20 planned community of 100 or more acres in area subject to a master plan or other development
21 order approved by the county where public access is restricted and the community is operated
22 and maintained by the community including the provision of comprehensive,private utilities and
23 transportation facilities and services within its boundaries and a homeowners association or
24 similar entity which regulates development standards and monitors development requests by its
25 members.
26 (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 046-2019, § 1, 12-11-2019)
27
28 '
29
30
31
32 '
33 ; and
34 �i�♦�P rl flood inour^�nA*rAm�
35
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38
39
40
41 minimiz; flood
42 dAMAaLp- rpd1lop flAicld i:nQ11fanee nrew ind minimize filtur nd4J1:VP_Q cX:MJJWi0_ :61:MdQ
43
44
45 mz L
46
47 , rresiodential Luildinas and new ivsidential 1611flidin Q,
Ord. - 2026 Page 4 of 8
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17
18
19
20 ,
21
24
25 Policy 101.5.3z„-3
26 Monroe County shall maintain Land Development Regulations which provide a Flood Protection
27 Height Exception for lawfully established existing buildings which exceed the 35-foot height
28 limit, to promote public health, safety and general welfare; allow adaptation to coastal flooding,
29 storm surge and other hazards;protect property from flooding and minimize damages; minimize
30 public and private losses due to flooding;minimize future expenditures of public funds for flood
31 control projects and for recovery from flood events; and mitigate rising flood insurance
32 premiums. A lawfully established existing building may be repaired, improved, redeveloped
33 and/or elevated to meet required FEMA base flood elevation (BFE) provided the building does
34 not exceed a total maximum building height of 4042 feet, and the building is limited to the
35 existing lawfully established intensity, floor area, building envelope (floor to floor height),
36 density and type of use. For lawfully established existing buildings that are proposed to exceed a
37 total height of 4042 feet, a public hearing before the Planning Commission and the Board of
38 County Commissioners shall be required to review and specify the maximum approved height
39 prior to issuance of any county permit or development approval. The Planning Commission shall
40 provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall
41 adopt a resolution specifying the maximum approved height.
42
43 Policy 101.5.343
44 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and
45 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in
46 Policy 212.2.4, and Chapters 118, 13 0, and 131 of the Land Development Code, a lawfully-
Ord. - 2026 Page 5 of 8
I existing residential dwelling unit,not including mobile homes,may be elevated above base flood
2 level (design flood elevation) to reduce flood damage, pursuant to:
3 The lawfully-existing dwelling unit structure is elevated within the original (lawfully-
4 existing) footprint of the structure.
5 Setbacks and land use open space requirements are waived to allow necessary improvements
6 to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The
7 necessary improvements are limited to ingress/egress structures (stairs, ramps, landings,
8 elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the
9 structure that is in compliance with fire code requirements.
10 Side and rear setback and open space requirements are waived to allow accessory elevated
11 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
12 appliances and components) situated at least two (2) feet from the side yard property line or
13 at least five (5) feet from the rear yard property line.
14 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event
15 shall a required shoreline setback be reduced to less than ten(10) feet from mean high water
16 except to accommodate the lawfully existing footprint of the structure to be elevated.
17 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
18 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
19 Code.
20 • Development shall maintain compliance to the maximum extent practicable, as determined
21 by the Planning Director.
22 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
23 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
24 conservation easement.
25 • This Policy does not restrict a property owner from proposing other additions or
26 improvements to the elevated dwelling unit, as long as the additions, enlargements,
27 expansions, and extensions do not create a nonconformity or cause a further violation to an
28 existing nonconformity.
29 • New construction or reconstruction of single-family dwelling units shall comply with the
30 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in
31 Chapters 118, 130, and 131 of the Monroe County Land Development Code.
32
33
34
35 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
36 ambiguities, within this Ordinance or between this Ordinance and the Monroe
37 County Code of Ordinances, Florida Building Code, Monroe County Land
38 Development Code, floodplain management regulations, Comprehensive Plan, or
39 any other approval of the Monroe County Board of County Commissioners,
40 Monroe County Planning Commission, Monroe County Planning and
41 Environmental Resources Department, or other department or office of Monroe
42 County, the rule, regulation, law, provision, and/or text more restrictive shall
43 always apply and control.
44
45 Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
46 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
Ord. - 2026 Page 6 of 8
I County Codes, Florida Statutes, and floodplain management regulations whose
2 interpretation arise out of, relate to, or are interpreted in connection with this
3 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
4 and such interpretation shall be entitled to great weight in adversarial administrative
5 proceedings, at trial, in bankruptcy, and on appeal.
6
7 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
8 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
9 or unenforceable in or by any administrative hearing officer or court of competent
10 jurisdiction, the invalidity or unenforceability of such provision, or any part or
11 portion thereof, shall neither limit nor impair the operation, enforceability, or
12 validity of any other provision of this Ordinance, or any remaining part(s) and/or
13 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
14 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
15
16 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
17 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
18 shall not repeal the repealing clause of such ordinance or revive any ordinance
19 which has been repealed thereby.
20
21 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
22 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
23
24 Section 8. Filing and Effective Date. This Ordinance shall be filed in the Office of the
25 Secretary of the State of Florida but shall not become effective until a notice is
26 issued by the State Land Planning Agency or Administration Commission finding
27 the amendment in compliance with Chapter 163, Florida Statutes, and after any
28 applicable challenges have been resolved.
29
30 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
31 in the Monroe County Comprehensive Plan. The numbering of the foregoing
32 amendment may be renumbered to conform to the numbering in the Monroe County
33 Comprehensive Plan.
34
35 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
36 at a regular meeting held on the day of ,
37
38 Mayor Michelle Lincoln, District 2
39 Mayor Pro Tem David Rice, District 4
40 Commissioner Craig Cates, District 1
41 Commissioner James K. Scholl, District 3
42 Commissioner Holly Merrill Raschein, District 5
43
44
45 BOARD OF COUNTY COMMISSIONERS
Ord. - 2026 Page 7 of 8
I OF MONROE COUNTY, FLORIDA
2
3 BY:
4 MAYOR MICHELLE LINCOLN
5
6 (SEAL)
7
8 ATTEST: KEVIN MADOK, CLERK
9
10
11 AS DEPUTY CLERK
Ord. _- 2026 Page 8 of 8