Resolution 328-1995
FILED f OR. ~ECORD
County Attorney
"95 ooT 23 P 1 ~1S0LUTION NO.
328-
1995
A~~~4q~rQ~dF THE BOARD OF COUNTY COMMISSIONERS OF
~~~ClHJHI~[jNfrY, FLORIDA, AFFIRMING THE INTENT OF THE
LAND DEVELOPMENT REGULATIONS GOVERNING THE
COMMERCIAL USE OF RESIDENTIAL PROPERTIES IN IMPROVED
SUBDIVISION DISTRICTS.
WHEREAS, except to the limited extent allowed by special use or
conditional use approval, it has always been the intent of this Board, through its
duly-adopted land development regulations, to prevent commercial use of our
improved subdivision (IS) land use districts; and
WHEREAS, the current language of the code when taken as a whole, does
not expressly authorize commercial uses in IS zoning districts, except pursuant to
special use or conditional use approval; and
WHEREAS, land uses or structures which are not expressly authorized in a
land use district may not be developed, used or occupied; and
WHEREAS, home occupation special use permits, issued only after a
showing of no external commercial impacts, are the only exceptions to the
prohibition against commercial uses, as of right, in the IS District; and
WHEREAS, it is the purpose of the IS District to accommodate the legally
vested residential development rights of the owners of lots in lawfully established
and improved subdivisions; and
WHEREAS, the IS district is Monroe County's chief source of permanent
single-family residential uses and structures; and
WHEREAS. it is the intent of the land development regulations to maintain and enhance
the permanent single-family residential character of the IS district; and
WHEREAS. the use of single-family residential property for bed and breakfast. hostel.
hotel. inn. lodging. resort. or other transient lodging purposes is a commercial use not
contemplated in the stated purposes and objectives of the IS district; and
WHEREAS. members of the public have expressed concem that prohibition by
implication is not a sufficiently clear demonstration of legislative intent; and
WHEREAS. in view of the foregoing. the Board of County Commissioners has directed staff
to draft an ordinance which will clarify the LDRs with respect to transient residential use in single-
family residential areas; and
WHEREAS. pending enactment of that legislative clarification. the Monroe County Code
Enforcement Department requires direction on whether to prosecute any individual for
maintaining a transient residential/lodging use in an IS district; and
WHEREAS. it is better policy to clarify ambiguity in land development regulations by
amending them. rather than expending public and private resources in prosecuting violations
of regulations that are susceptible to differing interpretations; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY. THAT
Section 1. The Board of County Commissioners re-affirms the intent of Monroe
County. through its land development regulations. to prohibit commercial uses of Improved
Subdivision (IS) districts. except to the extent expressly provided by conditional use and special
use procedures; and
Section 2.
Pending enactment of an amendment to Monroe County's Land
Development Regulations specifically addressing the subject of vacation rentals and other
transient lodging in IS and other residential districts. the Code Enforcement Department is
hereby directed not to bring or pursue Code Enforcement actions founded on utilization of
residentially-zoned land for licensed operation of public lodging establishments. Nothing herein
shall be construed as prohibiting prosecution of other violations. e.g. failure to secure a license
or to pay a tax required by law. or other Code violations.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County.
Florida. at a regular meeting of said Board held on the l8thdayof
October
AD. 1995.
Commissioner Douglass
Commissioner Harvey
Commissioner London
Commissioner Reich
Mayor Freeman
yes
crb"s-ent
~
no
yes
(SEAL)
Attest: DANNY L. KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
BY~ c ~JaJ;4;
,
Deputy Clerk
Bcl'~-F~
Mayo hairman
EFFECTIVE DATE
res
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