HomeMy WebLinkAboutItem U02 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
m,�e �� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
k Craig Cates,District 1
James K. Scholl,District 3
Holly Merrill Raschein,District 5
Regular Meeting
April 15, 2026
Agenda Item Number: U2
26-0699
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: The April 16, 2025, regular BOCC meeting had a discussion item on the
agenda regarding the height limits in Monroe County. Emily Schemper, Growth Management Director,
provided an overview of the current Monroe County height regulations with a comparison to the
municipalities in the Florida Keys. The presentation included information such as the relationship
between the height limitation and roof-top equipment and the issue of exemptions, how height is
measured, such as crown/curb of the road or pre-construction natural grade, and the height exception
for the Wrecker's Cay development(located on Stock Island)that was adopted into the Comprehensive
Plan(Policy No. 111.1.1).After discussion,the BOCC directed professional staff to bring back language
for potential amendment(s) to the Land Development Code and Comprehensive Plan including
amending the definition of grade, revising height exceptions, an increase of the maximum height of
residential structures from 35 feet to 42 feet, elimination of the correlation of the residential height
exception to the new FEMA maps, and address the need for additional height at Key West and Marathon
airports.
The June 18, 2025, regular BOCC meeting had a discussion item on the agenda as a follow-up to the
BOCC direction given at the April 16, 2025, regular BOCC meeting. Devin Tolpin, Senior Director of
the Planning and Environmental Resources Department,provided an overview of the current regulations
and two possible options for amending the land development regulations and Comprehensive Plan for
these items and increasing the maximum height limitations. In addition to the presentation, a strike-
through/underline version of the proposed language for each option was included in the agenda item's
package. After hearing the presentation and having some discussion,the BOCC directed staff to process
the Comprehensive Plan and Land Development Code amendments that would implement the concepts
in Option 2, as discussed.
On October 22, 2025, the Planning Commission considered the proposed amendment, provided for
public input and recommended approval recommends approval to the Board of County Commissioners
of the proposed amendment to the Monroe County Comprehensive Plan Policies 101.5.30, 101.5.31,
101.5.32, 101.5.33, 103.5.34 and the Glossary, with the exception of the proposed amendment to the
definition of Grade.
PREVIOUS RELEVANT BOCC ACTION: None
INSURANCE REQUIRED: No
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION Professional staff recommends approval of the proposed amendment
to the Monroe County Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34
and the Glossary.
DOCUMENTATION:
Staff Report
Draft Ordinance
Transmittal Resolution
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
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3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6 We strive to be caring,professional and fair
7
8 ****** CONTINUED FROM JANUARY 28, 2026, BOCC * ****
9
10 To: Monroe County Board of County Commissioners
11
12 Through: Devin Tolpin, AICP, CFM, Senior Director of Planning and Environmental Resources
13
14 From: Barbara Powell, Planning Policy Advisor
15 Monroe County Planning and Environmental Resources Department
16
17 Date: March 3, 2026
18
19 Subject: An Ordinance by the Monroe County Board of County Commissioners amending Policies
20 101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34 and the Glossary of the Monroe County
21 2030 Comprehensive Plan to increase the maximum height of residential structures from
22 35 feet to 42 feet, amend the definitions of grade and height, revise the structures that are
23 listed as exceptions to the maximum height restriction,remove the flood related exceptions
24 to height, and allow for additional height related to airports as approved by the FAA and
25 in accordance with the adopted airport master plan, as requested by the BOCC at their June
26 18, 2025, Regular Commission Meeting. (File No. 2025-080)
27
28 Meeting: April 15, 2026
29
30 I. REQUEST
31
32 At the June 18,2025,Regular Commission meeting, the Monroe County Board of County Commissioners
33 (`BOCC") directed Planning and Environmental Resources Department staff ("Staff") to amend the
34 Monroe County 2030 Comprehensive Plan and Land Development Code to increase the maximum height
35 of residential structures from 35 feet to 42 feet, amend the definitions of grade and height, revise the
36 structures that are listed as exceptions to the maximum height restriction, remove the flood related
37 exceptions to height, and allow for additional height related to airports as approved by the FAA and in
38 accordance with the adopted airport master plan.
39
40 Concurrent Applications
41 There is a corresponding proposed text amendment to Sections 101-1 and 131-2 of the Monroe County
42 Land Development Code (LDC), to amend the definitions of grade and height; to increase the maximum
43 height of residential structures from 35 feet to 42 feet; to revise the structures that are listed as exceptions
44 to the maximum height restriction, and allow for additional height related to airports as approved by the
45 FAA and in accordance with the adopted airport master plan (File No. 2025-081).
BOCC SR 04.15.2026 Page 1 of 11
File 2025-080
1 11. BACKGROUND INFORMATION
2
3 The April 16, 2025, Regular BOCC meeting, had a discussion item on the agenda regarding the height
4 limits in Monroe County. Emily Schemper, Growth Management Director, provided an overview of the
5 current Monroe County height regulations with a comparison to the municipalities in the Florida Keys.
6 The presentation included information such as the roof-top equipment that is/is not currently exempted
7 from the height limitation, how height is measured, such as, crown/curb of the road or pre-construction
8 natural grade, and the height exception for the Wrecker's Cay development(located on Stock Island) that
9 was adopted into the Comprehensive Plan(Policy No.I 11.1.1). After discussion,the BOCC directed staff
10 to bring back language for potential amendment(s) to the LDC and Comprehensive Plan that would result
11 in an increase of the maximum height of residential structures from 35 feet to 42 feet, eliminate the
12 correlation of the residential height exception to the new FEMA maps, amend the definition of grade,
13 revise exceptions to height, and address the need for additional height at Key West and Marathon airports.
14
15 The June 18, 2025, Regular BOCC meeting had a discussion item on the agenda as a follow-up to the
16 BOCC direction given at the April 16,2025,Regular Commission meeting. Devin Tolpin, Senior Director
17 of Planning and Environmental Resources, provided an overview of the current regulations and two
18 possible options for amending the comprehensive plan and land development code for increasing the
19 maximum height limitations. In addition to the presentation, a strike-through/underline version of the
20 proposed language for each option was included in the agenda item's package. After hearing the
21 presentation and having some discussion,the BOCC directed staff to process the Comprehensive Plan and
22 Land Development Code amendments that would implement the concepts in Option 2, as discussed.
23
24 Community Meeting and Public Participation
25 In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
26 meeting was held on July 22, 2025, to discuss the proposed amendment to the Monroe County 2030
27 Comprehensive Plan.
28
29 Development Review Committee Meeting and Public Input
30 On August 26, 2025, the DRC considered the proposed amendment and provided for public input. On
31 August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-25, recommending approval of
32 the proposed text amendment.
33
34 Planning Commission Meeting and Public Input
35 On October 22, 2025,the Planning Commission considered the proposed amendment,provided for public
36 input and recommended approval recommends approval to the Board of County Commissioners of the
37 proposed amendment to the Monroe County Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32,
38 101.5.33, 103.5.34 and the Glossary, with the exception of the proposed amendment to the definition of
39 Grade.
40
41 III.-PROPOSED COMPREHENSIVE,PLAN'TEkT AMENDMENT
42 Proposed text is shown as follows: additions are set forth below in red underline and deletions are set forth
43 in 4 .
BOCC SR 04.15.2026 Page 2 of 11
File 2025-080
BOCC SR 04.15.2026 Page 2 of 11
File 2025-080
1 Comprehensive Plan Glossary:
2
3 Grade means the
4 , crown or curb of the nearest road directly adjacent to the structure-,
6
7 Height means the vertical distance between grade and the highest part of any structure, is
8 meeh al— � excluding the following: spires and/or steeples on structures used for
9 institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; mechanical
10 equiBment, elevator shafts and equipment; solar apparatus; utility poles and/or transmission towers;
11 and certain antenna supporting structures with attached antenna and/or collocations as permitted in the
12 Land Development Code p aid guards installed no more than 3 feet from roof mounted mechanical
13 equipment, as required by the Florida Buildine_ However, in no event shall any of the exclusions
14 enumerated in this definition be construed to permit any habitable or usable space to exceed the
15 maximum height limitation. In the case of airport districts, the height limitations therein shall be
16 absolute and the exclusions enumerated in this definition shall not apply unless approved by the Fedcral
17 Aviation Administration(FAA).
18
19 *****
20 Policy 101.5.30
21 In order to preserve the existing community character and natural environment, Monroe County shall
22 limit the height of nonresidential and transient structures including landfills to 35 feet. Structures
23 developed exclusively with residential uses shall have a maximum height of 42 feet. Height is defined
24 as the vertical distance between grade and the highest part of any structure,
25 eqHipmeni-,4tA-excluding spires and/or steeples on structures used for institutional and/or public uses
26 only; chimneys;radio and/or television antennas;flagpoles;mechanical equipment; elevator shafts and
27 equipment; solar apparatus; utility poles and/or transmission towers; certain antenna supporting
28 structures with attached antennas and/or collocations-, and wards installed no more than 3 feet from
29 roof-mounted mechanical eq ipmentg as re aired by the Florida Buildin e. However, in no event
30 shall any of the exclusions enumerated above be construed to permit any habitable or usable space to
31 exceed the applicable height limitations, except as specifically permitted in Policies 101.5.317 and
32 101.5.32 agd44 ,3J. In the case of airport districts,there shall be no exceptions to the:54-iw-height
33 limitation unless approved by the Federal Aviation Administration (FAA .
34
35 (Ord. No. 016-2017, § 1, 9-27-2017)
36
37 Policy 101.5.31
38 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
39 community,and has a distinct community character,nonresidential and transient buildings may include
40 non-habitable architectural decorative features (such as finials, railings, widow's walk, parapets) that
41 exceed the 35-foot height limit in Policy 101.5.30, but such features shall not exceed 5 feet above the
42 building's roof-line. This exception shall not result in a building together with any architectural
43 decorative feature with a height that would exceed 40 feet.
44
45 In addition,within the Ocean Reef gated master planned community,upon evidence submitted that the
46 proposed building height has been approved by the master association, Ocean Reef Community
47 Association Inc., pursuant to its Building Regulations and Restrictions,buildings containing
BOCC SR 04.15.2026 Page 3 of 11
File 2025-080
1 multifamily residential,transient,and/or nonresidential uses may be developed or redeveloped to a total
2 maximum building height of 60 feet, provided the buildings are limited to four (4) habitable floors.
3 Such development on property owned by Ocean Reef Club, Inc. shall not be required to provide
4 evidence it has been approved by the master association,based on its exemption from master association
5 review under the Ocean Reef gated master planned community's governing documents. As used in this
6 policy, a master planned community means a planned community of 100 or more acres in area subject
7 to a master plan or other development order approved by the county where public access is restricted
8 and the community is operated and maintained by the community including the provision of
9 comprehensive, private utilities and transportation facilities and services within its boundaries and a
10 homeowners association or similar entity which regulates development standards and monitors
11 development requests by its members.
12 (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 046-2019, § 1, 12-11-2019)
13
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BOCC SR 04.15.2026 Page 4 of 11
File 2025-080
2 feet-.
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11 Policy 101.5.3
12 Monroe County shall maintain Land Development Regulations which provide a Flood Protection
13 Height Exception for lawfully established existing buildings which exceed the 35-foot height limit, to
14 promote public health,safety and general welfare;allow adaptation to coastal flooding,storm surge and
15 other hazards; protect property from flooding and minimize damages; minimize public and private
16 losses due to flooding; minimize future expenditures of public funds for flood control projects and for
17 recovery from flood events; and mitigate rising flood insurance premiums. A lawfully established
18 existing building may be repaired,improved,redeveloped and/or elevated to meet required FEMA base
19 flood elevation(BFE)provided the building does not exceed a total maximum building height of 4042
20 feet, and the building is limited to the existing lawfully established intensity, floor area, building
21 envelope(floor to floor height), density and type of use.For lawfully established existing buildings that
22 are proposed to exceed a total height of 4042 feet, a public hearing before the Planning Commission
23 and the Board of County Commissioners shall be required to review and specify the maximum approved
24 height prior to issuance of any county permit or development approval. The Planning Commission shall
25 provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall adopt
26 a resolution specifying the maximum approved height.
27
28 Policy 101.5.334
29 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and Chapters
30 118 and 130 of the Land Development Code, and the minimum required setbacks in Policy 212.2.4,
31 and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-existing residential
32 dwelling unit, not including mobile homes, may be elevated above base flood level (design flood
33 elevation) to reduce flood damage,pursuant to:
34 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully-existing)
35 footprint of the structure.
36 • Setbacks and land use open space requirements are waived to allow necessary improvements to a
37 dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The necessary
38 improvements are limited to ingress/egress structures (stairs, ramps, landings, elevators, etc.). The
39 waiver provided shall be the minimum necessary to provide access to the structure that is in
40 compliance with fire code requirements.
41 • Side and rear setback and open space requirements are waived to allow accessory elevated
42 platforms above base flood for equipment(mechanical,plumbing and electrical systems,appliances
43 and components) situated at least two (2) feet from the side yard property line or at least five (5)
44 feet from the rear yard property line.
45 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event shall a
46 required shoreline setback be reduced to less than ten (10) feet from mean high water except to
47 accommodate the lawfully existing footprint of the structure to be elevated.
BOCC SR 04.15.2026 Page 5 of 11
File 2025-080
1 The improvements shall be constructed to avoid off-site discharge of stormwater from the subject
2 parcel, in accordance with Section 114-3 of the Monroe County Land Development Code.
3 • Development shall maintain compliance to the maximum extent practicable, as determined by the
4 Planning Director.
5 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands (see
6 Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a conservation
7 easement.
8 • This Policy does not restrict a property owner from proposing other additions or improvements to
9 the elevated dwelling unit, as long as the additions, enlargements, expansions, and extensions do
10 not create a nonconformity or cause a further violation to an existing nonconformity.
11 • New construction or reconstruction of single-family dwelling units shall comply with the setback
12 and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in Chapters 118, 130,
13 and 131 of the Monroe County Land Development Code.
14
15 ******
16
17 IV. ANALYSIS OF PROPOSED AMENDMENT:
18
19 The proposed amendment will increase the maximum height of residential structures from 35 feet to 42
20 feet, amend the definitions of grade and height, revise the structures that are listed as exceptions to the
21 maximum height restriction, and allow for additional height related to airports as approved by the FAA
22 and in accordance with the adopted airport master plans.
23
24 Amending the definition of Grade creates meaningful and predictable standards for measuring the proposed
25 increase in the maximum height of residential structures from 35 feet to 42 feet. The proposed amendment
26 retains the current 35 foot height limitation for nonresidential and transient structures. However, since the
27 passage of SB 180, which prohibits local governments from adopting ordinances that are more restrictive
28 and burdensome, staff recommends not including the revised definition of Grade at this time.
29
30 Further, the amendment adds mechanical equipment and elevator shafts and equipment to the list of roof-
31 top equipment that are excluded from the definition of height, along with the associated guard railings as
32 required by the Florida Building Code. The amendment allows an exception to the height limitation within
33 airport districts if approved by the Federal Aviation Administration(FAA).
34
35 Finally,the amendment removes the Flood Protection Height Exception which allows up to a maximum of
36 five(5)feet above the 35-foot height limit. Given that the overall increase is seven(7)feet from the current
37 height restriction, the prior exception is no longer necessary.
38
39 V. CONSISTENCY WITH THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,
4o THE PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES:
41
42 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
43 County Year 2030 Comprehensive Plan. Specifically,it furthers:
44
45 GOAL 401
BOCC SR 04.15.2026 Page 6 of 11
File 2025-080
1 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
9 Objective 218.5
10 Monroe County shall encourage participation in the National Flood Insurance Program Community Rating
11 System administered by the Federal Emergency Management Agency to achieve flood insurance premium
12 discounts for their residents [F.S. § 163.3178(2)(f)6.].
13
14 Policy 218.5.1 (was Policy 216.1.5)
15 Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) Community
16 Rating System (CRS) to the maximum extent possible and shall continue to seek to improve its current
17 CRS Class rating. [F.S. § 163.3178(2)(d)(f)].
18
19 Policy 218.2.5 (was Policy 216.1.6)
20 Monroe County shall continue to enforce federal, state and local construction, setback and elevation
21 requirements to promote the protection and safety of life and property. Existing setback requirements
22 contained in the land development code shall be evaluated as a means of reducing property damage caused
23 by storms. [F.S. § 163.3178(2)(d)]
24
25 Objective 601.3
26 Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve,
27 conserve and enhance the existing housing stock, including historic structures and sites. [F.S. §
28 163.3177(6)(f)l., 3.]
29
30 Policy 601.3.2
31 The County Code Compliance Office and Building Department will enforce building code regulations and
32 County ordinances governing the structural condition of the housing stock, to ensure the provision of safe,
33 decent and sanitary housing and stabilization of residential neighborhoods.
34
35 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
36 Area, Section 380.0552(7), Florida Statutes.
37
38 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
39 principles for guiding development and any amendments to the principles, the principles shall be
40 construed as a whole and no specific provision shall be construed or applied in isolation from the other
41 provisions.
42
43 (a) Strengthening local government capabilities for managing land use and development so
44 that local government is able to achieve these objectives without continuing the area of
45 critical state concern designation.
BOCC SR 04.15.2026 Page 7 of 11
File 2025-080
1 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations,
2 seagrass beds, wetlands, fish and wildlife, and their habitat.
3 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native
4 tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and
5 beaches, wildlife, and their habitat.
6 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound
7 economic development.
8 (e) Limiting the adverse impacts of development on the quality of water throughout the
9 Florida Keys.
10 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural
11 environment, and ensuring that development is compatible with the unique historic
12 character of the Florida Keys.
13 (g) Protecting the historical heritage of the Florida Keys.
14 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and
15 proposed major public investments, including:
16 1. The Florida Keys Aqueduct and water supply facilities;
17 2. Sewage collection, treatment, and disposal facilities;
18 3. Solid waste treatment, collection, and disposal facilities;
19 4. Key West Naval Air Station and other military facilities;
20 5. Transportation facilities;
21 6. Federal parks, wildlife refuges, and marine sanctuaries;
22 7. State parks, recreation facilities, aquatic preserves, and other publicly owned
23 properties;
24 8. City electric service and the Florida Keys Electric Co-op; and
25 9. Other utilities, as appropriate.
26 (i) Protecting and improving water quality by providing for the construction, operation,
27 maintenance, and replacement of stormwater management facilities; central sewage
28 collection; treatment and disposal facilities; and the installation and proper operation and
29 maintenance of onsite sewage treatment and disposal systems.
30 (j) Ensuring the improvement of nearshore water quality by requiring the construction and
31 operation of wastewater management facilities that meet the requirements of ss.
32 381.0065(4)(1) and 403.086(10), as applicable, and by directing growth to areas served by
33 central wastewater treatment facilities through permit allocation systems.
34 (k) Limiting the adverse impacts of public investments on the environmental resources of the
35 Florida Keys.
36 (1) Making available adequate affordable housing for all sectors of the population of the
37 Florida Keys.
38 (m) Providing adequate alternatives for the protection of public safety and welfare in the
39 event of a natural or manmade disaster and for a post disaster reconstruction plan.
BOCC SR 04.15.2026 Page 8 of 11
File 2025-080
1 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and
2 maintaining the Florida Keys as a unique Florida resource.
3
4 Pursuant to Section 380.0552(7)Florida Statutes, the proposed amendment is not inconsistent with the
5 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
6
7 C. The proposed amendment is consistent with the Part II of Chapter 163,Florida Statutes ("F.S.").
8 Specifically, the amendment furthers:
9
10 163.3161(4), F.S.: It is the intent of this act that local governments have the ability to preserve and
11 enhance present advantages; encourage the most appropriate use of land, water, and resources,
12 consistent with the public interest; overcome present handicaps; and deal effectively with future
13 problems that may result from the use and development of land within their jurisdictions. Through the
14 process of comprehensive planning, it is intended that units of local government can preserve,
15 promote,protect,and improve the public health,safety,comfort,good order,appearance,convenience,
16 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
17 provision of transportation, water, sewerage, schools,parks, recreational facilities,housing, and other
18 requirements and services; and conserve, develop, utilize, and protect natural resources within their
19 jurisdictions.
20
21 163.3161(6), F.S.: It is the intent of this act that adopted comprehensive plans shall have the legal
22 status set out in this act and that no public or private development shall be permitted except in
23 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
24 conformity with this act.
25
26 163.3177(1), F.S.: The comprehensive plan shall provide the principles, guidelines, standards, and
27 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
28 development of the area that reflects community commitments to implement the plan and its elements.
29 These principles and strategies shall guide future decisions in a consistent manner and shall contain
30 programs and activities to ensure comprehensive plans are implemented. The sections of the
31 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
32 and policies, shall describe how the local government's programs, activities, and land development
33 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
34 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
35 in the comprehensive plan but rather to require identification of those programs, activities, and land
36 development regulations that will be part of the strategy for implementing the comprehensive plan and
37 the principles that describe how the programs, activities, and land development regulations will be
38 carried out. The plan shall establish meaningful and predictable standards for the use and development
39 of land and provide meaningful guidelines for the content of more detailed land development and use
40 regulations.
41
42 163.3181,F.S.: Public participation in the comprehensive planning process; intent; alternative dispute
43 resolution.
44 (1) It is the intent of the Legislature that the public participate in the comprehensive planning
45 process to the fullest extent possible. Towards this end, local planning agencies and local
46 governmental units are directed to adopt procedures designed to provide effective public
BOCC SR 04.15.2026 Page 9 of 11
File 2025-080
1 participation in the comprehensive planning process and to provide real property owners with
2 notice of all official actions which will regulate the use of their property. The provisions and
3 procedures required in this act are set out as the minimum requirements towards this end.
4 (2) During consideration of the proposed plan or amendments thereto by the local planning agency
5 or by the local governing body, the procedures shall provide for broad dissemination of the
6 proposals and alternatives, opportunity for written comments, public hearings as provided
7 herein, provisions for open discussion, communications programs, information services, and
8 consideration of and response to public comments.
9
10 163.3201, F.S.: Relationship of comprehensive plan to exercise of land development regulatory
11 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
12 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
13 development of lands and waters within an area. It is the intent of this act that the adoption and
14 enforcement by a governing body of regulations for the development of land or the adoption and
15 enforcement by a governing body of a land development code for an area shall be based on, be related
16 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
17
18 VI. PROCESS
19
20 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Planning
21 Commission, the Director of Planning, or the owner or other person having a contractual interest in
22 property to be affected by a proposed amendment. The Director of Planning shall review and process
23 applications as they are received and pass them onto the Development Review Committee and the
24 Planning Commission.
25
26 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
27 the application, the reports and recommendations of the Department of Planning & Environmental
28 Resources and the Development Review Committee and the testimony given at the public hearing. The
29 Planning Commission shall submit its recommendations and findings to the Board of County
30 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
31 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
32 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land Planning
33 Agency. The amendment is transmitted to State Land Planning Agency, which then reviews the proposal
34 and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt of the ORC
35 report, the County has 180 days to adopt the amendments, adopt the amendments with changes or not
36 adopt the amendment.
37
38
39 VII. PROFESSIONAL STAFF RECOMMENDATION
40
41 Professional staff recommends approval of the proposed amendment to the Monroe County
42 Comprehensive Plan Policies 101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34 and the Glossary.
BOCC SR 04.15.2026 Page 10 of 11
File 2025-080
BOCC SR 04.15.2026 Page 10 of 11
File 2025-080
1 Vlll. EXHIBITS
2 1. Draft Ordinance
3
BOCC SR 04.15.2026 Page 11 of 11
File 2025-090
f
3
5
6
7
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9
10 RESOLUTION NO. - 2026
11
12
13 A RESOLUTION BY THE MONROE COUNTY BOARD OF
14 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
15 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
16 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
17 POLICIES 101.5.30, 101.5.31, 101.5.32, 101.5.33, 101.5.34, AND THE
18 GLOSSARY OF THE MONROE COUNTY 2030 COMPREHENSIVE
19 PLAN TO INCREASE THE MAXIMUM HEIGHT OF
20 RESIDENTIAL STRUCTURES FROM 35 FEET TO 42 FEET, AS
21 REQUESTED BY THE BOCC AT THEIR JUNE 18,2025,REGULAR
22 COMMISSION MEETING; PROVIDING FOR SEVERABILITY;
23 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
24 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
25 PLANNING AGENCY AND THE SECRETARY OF STATE;
26 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
27 THE MONROE COUNTY COMPREHENSIVE PLAN; PROVIDING
28 FOR AN EFFECTIVE DATE. (FILE NO. 2025-080)
29
30
31
32 WHEREAS, the Monroe County Board of County Commissioners conducted a public
33 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
34 Process in Sec. 163.3184(4), F.S., to the State Land Planning Agency for objections,
35 recommendations and comments, and to the other Reviewing Agencies as defined in Sec.
36 163.3184(1)(c), F.S., for review and comment on a proposed amendment to the Monroe County
37 Comprehensive Plan as described above; and
38
39 WHEREAS, the Monroe County Planning Commission and the Monroe County Board of
40 County Commissioners support the transmittal of the requested Comprehensive Plan amendment;
41
42 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
45
Resolution -2026 Page 1 of 2
BOCC Transmittal:File 2025-080
46 Section 1. The Board of County Commissioners does hereby transmit the draft ordinance,
47 attached as Exhibit A, for review of the proposed Comprehensive Plan Text
48 amendment by the State Land Planning Agency for review and comment in
49 accordance with the State Coordinated Review process pursuant to Section
50 163.3184(4), Florida Statutes.
51
52 Section 2. The Monroe County staff is given authority to prepare and submit the required
53 transmittal letter and supporting documents for the proposed amendment in
54 accordance with the requirements of Section 163.3184(4), Florida Statutes.
55
56 Section 3. The Cleric of the Board is hereby directed to forward a certified copy of this
57 resolution to the Director of Planning.
58
59
60 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
61 Florida, at a regular meeting held on the day of ,
62
63 Mayor Michelle Lincoln, District 2
64 Mayor Pro Tem David Rice, District 4
65 Commissioner Craig Cates, District 1
66 Commissioner James K. Scholl, District 3
67 Commissioner Holly Merrill Raschein, District 5
68
69
70
71 BOARD OF COUNTY COMMISSIONERS
72 OF MONROE COUNTY, FLORIDA
73
74 BY
75 MAYOR MICHELLE LINCOLN
76
77 SEAL E "ATTORNEY
(SEAL) VIP k T ,
78
79 ATTEST: KEVIN MADOK, CLERK
80
81
82 DEPUTY CLERK
Resolution -2026 Page 2 of 2
BOCC Transmittal:File 2025-080
1 � EXHIBIT A TO RES. NO. -2026
2
Tr
a�
3lll�r
5
6
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,
13 101.5.31, 101.5.32, 101.5.33, 101.5.34,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 18, 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
3 t 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 WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 17-
45 25, recommending approval of the proposed map amendment; and
Ord._- 2026 Pagel of 8
I WHEREAS, the Monroe County Planning Commission ("Planning Commission") held a
2 public hearing on the 22"d 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 with edits, as discussed during the hearing of the proposed amendment;
7 and
8
9 WHEREAS,at a regular meeting held on the 281h 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. The item was continued to the April 15, 2026, regular
14 meeting of the Monroe County Board of County Commissioners ; and
15
16 WHEREAS, at the April 15, 2026, public hearing, the BOCC considered the proposed
17 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
18 Agency; and
19
20 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
21 Objections, Recommendations and Comments ("ORC") report on received by the
22 County on ; and
23
24 WHEREAS, the ORC report <did/did not> identify any objections,recommendations, or
25 comments; and
26
27 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
28 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
29
30 WHEREAS, at a regularly scheduled meeting on the day of the
31 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
32 amendment;
33
34 WHEREAS, based upon the information and documentation submitted, the BOCC made
35 the following findings of fact and conclusions of law:
36 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
37 Monroe County Year 2030 Comprehensive Plan; and
38 2. The proposed amendment is consistent with the Principles for Guiding Development
39 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
40 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statute;
41 4. The proposed amendment will not result in an adverse change in community character
42 to the sub-area which a proposed amendment affects.
Ord._- 2026 Page 2 of 8
1
2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
3 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
4
5 Section 1. Recitals and Legislative Intent.The foregoing recitals,findings of fact,statements
6 of legislative intent, and conclusions of law are true and correct and are hereby
7 incorporated as if fully stated herein.
8
9 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
10 (Deletions are shown stFi e thfoug ; additions are shown underlined):
11
12 Glossary:
13
14 Grade means theeenst4:uelion,next to
15 proposed walls of stpdei-ure, of the crown or curb of the nearest road directly adjacent to the
16 structure,whie-hevei:is 4in-,eF.
17
18 Height means the vertical distance between grade and the highest part of any structure,
19 iiielttdiiig fffeehanieal equipflieiit, bt4 excluding the following: spires and/or steeples on
20 structures used for institutional and/or public uses only; chimneys; radio and/or television
21 antenna; flagpoles; mechanical equipment; elevator shafts and equipment; solar apparatus;
22 utility poles and/or transmission towers;aPA certain antenna supporting structures with attached
23 antenna and/or collocations as permitted in the Land Development Code; and guards installed
24 no more than 3 feet from roof-mounted mechanical equipment, as required by the Florida
25 Building Code. However, in no event shall any of the exclusions enumerated in this definition
26 be construed to permit any habitable or usable space to exceed the maximum height limitation.
27 In the case of airport districts,the height limitations therein shall be absolute and the exclusions
28 enumerated in this definition shall not apply unless approved by the Federal Aviation
29 Administration (FAA).
30
31
32 *****
33
34 Policy 101.5.30
35 In order to preserve the existing community character and natural environment, Monroe County
36 shall limit the height of nonresidential and transient structures including landfills to 35 feet.
37 Structures developed exclusively with residential uses shall have a maximum height of 42 feet.
38 Height is defined as the vertical distance between grade and the highest part of any structure,
39 iffeluding ffieehanieal equipffient, but excluding spires and/or steeples on structures used for
40 institutional and/or public uses only; chimneys; radio and/or television antennas; flagpoles;
41 mechanical equipment; elevator shafts and equipment; solar apparatus; utility poles and/or
42 transmission towers; certain antenna supporting structures with attached antennas and/or
43 collocations; and guards installed no more than 3 feet from roof-mounted mechanical equipment,
44 as required by the Florida Building Code. However, in no event shall any of the exclusions
45 enumerated above be construed to permit any habitable or usable space to exceed the applicable
46 height limitations, except as specifically permitted in Policies 101.5.31;and 101.5.32 a+id
Ord._- 2026 Page 3 of 8
1 1 n� 1�J. In the case of airport districts, there shall be no exceptions to the meat-height
2 limitation unless approved by the Federal Aviation Administration(FAA).
3
4 (Ord. No. 016-2017, § 1, 9-27-2017)
5
6 Policy 101.5.31
7 For Ocean Reef, a gated master planned community which is inaccessible to the surrounding
8 community, and has a distinct community character, nonresidential and transient buildings may
9 include non-habitable architectural decorative features (such as finials, railings, widow's walk,
10 parapets) that exceed the 35-foot height limit in Policy 101.5.30, but such features shall not
11 exceed 5 feet above the building's roof-line. This exception shall not result in a building together
12 with any architectural decorative feature with a height that would exceed 40 feet.
13
14 In addition, within the Ocean Reef gated master planned community, upon evidence submitted
15 that the proposed building height has been approved by the master association, Ocean Reef
16 Community Association Inc., pursuant to its Building Regulations and Restrictions, buildings
17 containing multifamily residential, transient, and/or nonresidential uses may be developed or
18 redeveloped to a total maximum building height of 60 feet, provided the buildings are limited to
19 four (4) habitable floors. Such development on property owned by Ocean Reef Club, Inc. shall
20 not be required to provide evidence it has been approved by the master association,based on its
21 exemption from master association review under the Ocean Reef gated master planned
22 community's governing documents. As used in this policy, a master planned community means a
23 planned community of 100 or more acres in area subject to a master plan or other development
24 order approved by the county where public access is restricted and the community is operated
25 and maintained by the community including the provision of comprehensive,private utilities and
26 transportation facilities and services within its boundaries and a homeowners association or
27 similar entity which regulates development standards and monitors development requests by its
28 members.
29 (Ord. No. 016-2017, § 1, 9-27-2017; Ord. No. 046-2019, § 1, 12-11-2019)
30
31 u,.>l ey 101 c 32
32
33 ; allow
34 ;
35 ;? �Ela+Rages; fniii4i4nize pul,li andpr-ivate- Ie�.� due to g; fRtinz
36
37 mitiga4e F.isqiffalp .�1 ,
38
39 A Flood Pr-eteetion Height Exeepfieft of tT to a maxiffPdffi of five(5)feet above the 35 feet height.
40 limit S ,11 l.o
41 ;
42 of three (3) feet above the 35 feet height limit shall be pt:ovided to allow fiew(new eenswidetio-n-
43 �>,,.00 «� foot above>~1~2M n 1.,4g0
rl ,a T tiEMS o ,-a �o i .�o e n a
44 rrvec� e�'utl6ir.����€XvcF c�te�irviiivccTrvvcr�rrvccEtl6i�, mrminrcc�vvcr
45 datnage,
46
47 t.,,;lElifig o v.l;,,.. ihOight Of 24 . laWf;,ll„ o iSti g bU ldifig O eedi, .
48 w.>10; .>7� f
Ord._- 2026 Page 4 of 8
I After- the adoption and en the eff-eetive date of itqd-ated FEMA Flood instir-aflee Rate Map-s
2 ,
3 (,,,lodes s4stan4i l „ts) loe tea within theSpeei-al Flood 14azar-d Area shalle—a
4 ......t �--f 4.-0 in order- to elevate to or- maintain the r-e"ir-ed eleva4ioa based
5 on the Florida Building Code, as speeified in R322.2.1 and R322.3.2 (elevation r-e"ir-efnents).
6
7 Additions to la-'Y41illy established&Eistiag i:esidefitial bttildings within the Speeial Flood 14azat:
8 Ar-ea that af:e stibstatitial ifflpfovefnents shall ha-�,e a ffl&6ffPdffl height fifnit of 40 feet in efdef
9 of al the ,,dd tiet t
b
10
11
12 - t�,-At 440t
13
14 p-22-3.2; ther-@g4aiaiRg lawfully est-at,i;l-.o,a o ;St;,,,.b, ildiffn ISLAIi 44 t r o tho flAO a ,14@ig t
15 e*eeptien Af 40 f vt
16
17 P-11P-41-At-ifon of the updated FEMA FIRMs shall be given a height limit of 40 feet. iff He ease shall
18 this height- Ikffi-i-t- -F4-4-V- jqeod pfotec; result in a new Fesidential btiilding or- a lawfiilly existing
19 k-e
20
21
22 the aeeeflipaiiying Flood hisufatiee Ra4e Maps,
23
24 (n,.,a N 016 2017, § i n 27_2017; n,.,a No. 013 z�22§2t,E* 1 l 8 l'7 0�3r'I.��r
25 22z§ 2 i i i 5 2022i
26
27 Policy 101.5.32-3
28 Monroe County shall maintain Land Development Regulations which provide a Flood Protection
29 Height Exception for lawfully established existing buildings which exceed the 35-foot height
30 limit, to promote public health, safety and general welfare; allow adaptation to coastal flooding,
31 storm surge and other hazards;protect property from flooding and minimize damages;minimize
32 public and private losses due to flooding;minimize future expenditures of public funds for flood
33 control projects and for recovery from flood events; and mitigate rising flood insurance
34 premiums. A lawfully established existing building may be repaired, improved, redeveloped
35 and/or elevated to meet required FEMA base flood elevation (BFE) provided the building does
36 not exceed a total maximum building height of 4042 feet, and the building is limited to the
37 existing lawfully established intensity, floor area, building envelope (floor to floor height),
38 density and type of use. For lawfully established existing buildings that are proposed to exceed a
39 total height of 4042 feet, a public hearing before the Planning Commission and the Board of
40 County Commissioners shall be required to review and specify the maximum approved height
41 prior to issuance of any county permit or development approval. The Planning Commission shall
42 provide a recommendation to the BOCC on the maximum height of a building. The BOCC shall
43 adopt a resolution specifying the maximum approved height.
44
45 Policy 101.5.343
46 Notwithstanding the open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and
47 Chapters 118 and 130 of the Land Development Code, and the minimum required setbacks in
Ord._- 2026 Page 5 of 8
I Policy 212.2.4, and Chapters 118, 130, and 131 of the Land Development Code, a lawfully-
2 existing residential dwelling unit,not including mobile homes,may be elevated above base flood
3 level (design flood elevation) to reduce flood damage,pursuant to:
4 • The lawfully-existing dwelling unit structure is elevated within the original (lawfully-
5 existing) footprint of the structure.
6 • Setbacks and land use open space requirements are waived to allow necessary improvements
7 to a dwelling unit being retrofitted by elevating the unit to meet or exceed flood levels. The
8 necessary improvements are limited to ingress/egress structures (stairs, ramps, landings,
9 elevators, etc.). The waiver provided shall be the minimum necessary to provide access to the
10 structure that is in compliance with fire code requirements.
11 0 Side and rear setback and open space requirements are waived to allow accessory elevated
12 platforms above base flood for equipment (mechanical, plumbing and electrical systems,
13 appliances and components) situated at least two (2) feet from the side yard property line or
14 at least five (5) feet from the rear yard property line.
15 • Maximum possible shoreline setbacks and open space are to be maintained, and in no event
16 shall a required shoreline setback be reduced to less than ten (10) feet from mean high water
17 except to accommodate the lawfully existing footprint of the structure to be elevated.
18 • The improvements shall be constructed to avoid off-site discharge of stormwater from the
19 subject parcel, in accordance with Section 114-3 of the Monroe County Land Development
20 Code.
21 • Development shall maintain compliance to the maximum extent practicable, as determined
22 by the Planning Director.
23 • This Policy does not waive any required minimum vegetated setbacks adjacent to wetlands
24 (see Policy 203.1.2 and Policy 204.2.5) and does not authorize any encroachments to a
25 conservation easement.
26 • This Policy does not restrict a property owner from proposing other additions or
27 improvements to the elevated dwelling unit, as long as the additions, enlargements,
28 expansions, and extensions do not create a nonconformity or cause a further violation to an
29 existing nonconformity.
30 • New construction or reconstruction of single-family dwelling units shall comply with the
31 setback and open space provisions set forth in Policy 101.5.25, Policy 212.2.4, and in
32 Chapters 118, 130, and 131 of the Monroe County Land Development Code.
33
34 *****
35
36 Section 3. To the extent of any internal or external conflicts, inconsistencies, and/or
37 ambiguities, within this Ordinance or between this Ordinance and the Monroe
38 County Code of Ordinances, Florida Building Code, Monroe County Land
39 Development Code, floodplain management regulations, Comprehensive Plan, or
40 any other approval of the Monroe County Board of County Commissioners,
41 Monroe County Planning Commission, Monroe County Planning and
42 Environmental Resources Department, or other department or office of Monroe
43 County, the rule, regulation, law, provision, and/or text more restrictive shall
44 always apply and control.
Ord._- 2026 Page 6 of 8
I Section 4. Subject to Section 3. above, the interpretation of this Ordinance and all provisions
2 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
3 County Codes, Florida Statutes, and floodplain management regulations whose
4 interpretation arise out of, relate to, or are interpreted in connection with this
5 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
6 and such interpretation shall be entitled to great weight in adversarial administrative
7 proceedings, at trial, in bankruptcy, and on appeal.
8
9 Section 5. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
10 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
11 or unenforceable in or by any administrative hearing officer or court of competent
12 jurisdiction, the invalidity or unenforceability of such provision, or any part or
13 portion thereof, shall neither limit nor impair the operation, enforceability, or
14 validity of any other provision of this Ordinance, or any remaining part(s) and/or
15 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
16 and/or portion(s)thereof, shall continue unimpaired in full force and effect.
17
18 Section 6. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
19 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
20 shall not repeal the repealing clause of such ordinance or revive any ordinance
21 which has been repealed thereby.
22
23 Section 7. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
24 the State Land Planning Agency pursuant to Chapter 163 and 380,Florida Statutes.
25
26 Section 8. Filing and Effective Date. This Ordinance shall be filed in the Office of the
27 Secretary of the State of Florida but shall not become effective until a notice is
28 issued by the State Land Planning Agency or Administration Commission finding
29 the amendment in compliance with Chapter 163, Florida Statutes, and after any
30 applicable challenges have been resolved.
31
32 Section 9. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
33 in the Monroe County Comprehensive Plan. The numbering of the foregoing
34 amendment may be renumbered to conform to the numbering in the Monroe County
35 Comprehensive Plan.
36
37 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
38 at a regular meeting held on the day of ,
39
40 Mayor Michelle Lincoln, District 2
41 Mayor Pro Teen David Rice, District 4
42 Commissioner Craig Cates, District 1
43 Commissioner James K. Scholl, District 3
44 Commissioner Holly Merrill Raschein, District 5
Ord._- 2026 Page 7 of 8
1
2 BOARD OF COUNTY COMMISSIONERS
3 OF MONROE COUNTY, FLORIDA
4
5 BY:
6 MAYOR MICHELLE LINCOLN
7
8 (SEAL)
9
to ATTEST: KEVIN MADOK, CLERK
11
12
13 AS DEPUTY CLERK
Ord._- 2026 Page 8 of 8
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