Ordinance 040-1987
Monroe County Commission
ORDINANCE NO. 040-1987
AN ORDINANCE ADOPTING AND RATIFYING CERTAIN
TEXT AMENDMENTS ATTACHED AND INCORPORATED BY
REFERENCE INTO THE BODY OF THE TEXT OF THE
ORDINANCE; TRANSMITTING THE AMENDMENTS TO THE
STATE LAND PLANNING AGENCY FOR APPROVAL;
PROVIDING THAT, IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY, THAT DISAPPROVAL
SHALL NOT AFFECT THE REMAINING AMENDMENTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, due to the designation contained in Chapter 28-20,
F.A.C., all regulations contained in Volume 3, Chapters 1 through
15 and appendix "A", are "land development regulations" as that
phrase is defined in F.S. 163.3164(22) (1985); and
WHEREAS, Section 13-101(c), Monroe County Land Development
Regulations, provides that the regulations may be amended in a
process commencing six months after the date the regulations
first became effective; and
WHEREAS, during such process, the Planning Commission,
sitting as the local planning agency, after due notice and public
participation in the hearing process, reviewed all proposed
amendments to the land development regulations and found such
amendments consistent with the Monroe County Comprehensive Land
Use Plan and made recommendations concerning such amendments to
the Board of County Commissioners; and
WHEREAS, during such process, the Board of County Commis-
sioners, after due notice and public participation in the hearing
process, reviewed such recommendations and legislatively acted
thereon;
WHEREAS, F. S. 380.0552(9), (1986), requires that the state
land planning agency approve all amendments to the Monroe County
Land Development Regulations before such amendments may become
effective; and
WHEREAS, such text amendment process is now complete; and
WHEREAS, it is desired that the Board of County Commission-
ers should ratify, approve, adopt and transmit the present draft
of all land development regulations to the state land planning
agency for approval; now, therefore,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
The Monroe County Board of County Commission-
ers on this 20th day of October, 1987, does hereby adopt and
ratify those text amendments to the Monroe County Land
Development Regulations, heretofore properly approved pursuant to
general law, which are attached to this Ordinance, and are
incorporated therein and made a part by reference as if the text
were fully set out in the body of this Ordinance, and the same
are hereby transmitted to the state land planning agency for
approval or disapproval pursuant to F.S. 380.0552(9).
Section 2.
If the state land planning agency shall
disapprove any text amendment to the Monroe County Land Develop-
ment Regulations attached hereto, such disapproval shall in no
way affect the validity of any other text amendment.
Section 3.
If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 4.
This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office. Except, however, no text amendment to
the Monroe County Land Development Regulations shall be deemed
effective until approved by the state land planning agency.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of of October, A.D. 1987.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
a\ -, 4
~''''/ I;Y
B =~~m
(SEAL)
Attest :DANNY L. KOLHAGE, Clerk
~ ~../~ .4J~
ERK '
BY
PROOF, OF PUBLICATION 74
ztvZi
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared DAGNY WOLFF
, who on oath, says that he is EDITOR a PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL NOTICE
IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER
in the Court, was published in said
newspaper in the issues of 1O-1 & 10- v--87 •
Affiant further says that the said REPORTER is a
NOTICE OF INTENTION TO CONSIDER
newspaper published at Tavernier, in said Monroe Cour ADOPTION OF COUNTY ORDINANCE
1
Florida, and that the said newspaper has heretofore t NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
. Tuesday,October 20,1987 at 3:00 p.m.at the Elk's Club,Tavernier,Monroe
continuously published in the said Monroe County, Fld County,Florida,the Board of County Commissioners of Monroe County,Florida,
j intends to consider the adoption of the following ordinance:
each week (on Thursday), and has been entered as sect
1 ORDINANCE NO. -1987
class mail matter at the Post Office in Tavernier, 1L AN ORDINANCE ADOPTING AND RATIFYING CERTAIN TEXT
AMENDMENTS ATTACHED AND INCORPORATED BY REFERENCE INTO
County of Monroe, Florida, for a period of one year r; TDY THE RDIE;TRANSMITTING TH
AMENDHEBO MENTSOF TO THETEXT SO LANDONANC PLANNINGTRA AGENCY FOR
preceding the first publication of the attached copy APPROVAL; PROVIDING THAT, IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY,THAT DISAPPROVAL SHALL NOT
AFFECT THE REMAINING AMENDMENTS; PROVIDING FOR
advertisement; and affiant further says that he has r SEVERABILITY;ANDPROVIDINGFORANEFFECTIVEDATE.
paid nor promised any firm, person, or corporation an pursuant toSecti,i 286.0105,FloridaStatutes,noticeisgiventhatifaperson
decided to appear any aocision made by the Board with respect to any matter
discount, rebate, commission or refund for the purpos considered at such hearings or meetings,he will need a record of the proceedings,
and that,for such purpose,he may need to ensure that a verbatim record of the -
seCuring this said advertisement for publication in t proceedings is made,which record includes the testimony and evidence upon which
the appeal is to be oU.
wed.
said newspaper. Copies of the above-referenced ordinance are available for review at the various
public libraries in Monroe County,Florida.
I.
DATED at Key West,Florida,this 23rd day of September,A.D.1987.
DANNY L.KOLHAGE
•
•
Clerk
^ _ of Mon roof
County,Circuit Florida
• SEA
and ex officio Clerk of the
�' Board of County Commissioners
SWORN TO A SUBSC B D BEFORE ME THIS CST►' of Monroe County,Florida
OCTOBER-: " -. �7
DAY OF A.U. , 19 �I Published:10/1&10/8/87 •
_ The Reporter
�,, _ l Tavernier,FL 33070
ARY;.PUBLIC:
MY COMM I SS ION EXP I RES ' ,107 1„ nOsI Tr cTATF BF FLORIDA .': }::5:
NY COMMISSION EXP. APR. 2,1991 :,, 1
BONDED THRU GENERAL INS. ONO, , , ',,;,;
i
PROOF OFF PUBLICATIONS _
1 r •
i j$ I
THE FLORIDA ' KEYS KEYNOTER
. •Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared CHALROTTE SIKORA , who on oath, says
that he is SALES MANAGER of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a NOTICE OF ORDINANCE
IN THE MATTER OF MAP TEXT • in the
Court, was published in said
newspaper in the issues of September 30, ' October 7, 1987
•
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
•
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously ,
- NOTICE OF
Ipublished in said Monroe County,Florida, each week (on Thursday)and has been entered as second • ' CONSIDER ADOPTTION
OF COUNTY ORDINANCE
INOTICE IS .HEREBY GIVEN
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of one TO WHOM-IT,MAY CONCERN
that on Tuesday, October 20,
1987 al 3:00 P.M. at the Elk's
year next preceding the first publication of the attached copy of advertisement; and affiant furttier Club., Tavernie
o dantt esrh ordrof wC+oounty
minty,.Florida,Intends to con-
says that he has neither paid lior promised any person,firm,or corporation any discount, rebate, co(n- . �.County adoption ce:thc follow-.
ORDINANCE NO.-1987 i
mission or refund for the purpose of securing this advertisement for publication in the said newspaper. AN ORDINANCE ADOPTING,
' AND RATIFYING CERTAIN
TEXT AMENDMENTS AT-
ED BYD REFERENCEOINTOI
/////y//�J ,� THE BODY OF THE TEXT OF
(�G �" THE SORDINANCE:.THETRANS-
'
MITTING THE AMEND •
-
MENTS TO THE STATE LAND!
(SEAL) Cf ��tJ PLANNING, AGENCY FOR,
APPROVAL• PROVIDING
THAT IF; ANY AMEND-'
MENDS ARE DISAPPROVED'
THAT AGENCY, THAT,
A SHALL NOT
SWORN TO AND S SCRI ED EFORE ME THIS 'AFFECT .T7
HE DISAPPROVAL SHA REMAINING
'AMENDMENTS• PROVIDING
BY
FOR SEVERA�ILITY•. AND
DAY OF RIVE DATE.FOR AN E`FFEC
.D. 19
Pursuant:to,Section 286.0105,
741
,� Florida Statutes, notice is•given'
- - ) I that If a person decided to ap-
_ peal any decision made by the'-,� Board with respect to any mai-
terconsideredetsuch hearings'
A•s or meetings,he will need a rec-
` — -WART PUBLIC STATE OF FLORIDA for of the pr po edlnvs,and that
199A for such purpose, he may need
'MWY COHF9ISSION EXP. AUG 28, to ensure that proceedingsa verbatim record,
bOHDED THRU GENERAL IBS. UfdD. of the cordIclodIs made,
'� _ which record includes the testi-,
the appeal is to be based n which;
•
Copies of the above-referenced
ordinance are available for re-
'view at the avrlous public 11-'
bristles in Monroe County,Florl-
'da.
s23ddofpes
this r . ay Setmb ,Florida;:
1987. DANNY L.KOLHAGEI
Clerk of the Circuit Court
' I of anMonroe ficio Cler Floridaf t
Board,•
Countyno Commissioners
da
,FFllorida•Keyi Keynoter . '
THE KEY WEST CITIZEN
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA) ,
ss.
COUNTY OF MONROE)
Before the undersiged authority personally appeared
R.E.iiarrison , who on oath says that he is
Advertising Manger of the Key West Citizen, a daily news-
paper published at Key West in Monroe County, Florida; that the
attached copy of advertisement, being a --
NOTICE OF,INTENTz1ON i
TO•CONSIDEIRpADO'PI!ON
_OFCOUNTY",ORD111N tANCE ,
aGAL NOTICE NOTICE IS HEREBY GIVEN TO
WHOM-IT MAY__CONCERN that on
Tuesday, October 20,1987 at 3:00
in the matter of P.M. at the Elk's Club, Tavernier,
Monroe County, Florida, the Board
---YD0( I of County Commissioners of Monroe
4 County, Florida, intends To consider
�'/v^ the adoption of the following County
ordin_ante:
ORDINANCE NO. -1987
-1 „ AN ORDINANCE ADOPTING AND I
et, RATIFYING CERTAIN TEXT,
AMENDMENTS ATTACHED AND:
INCORPORATED - BY':'
REFERENCE INTO THE BODY
OF THE TEXT OF THE OR-
was published in said newspaper in the issues of DINANCE; TRANSMITTING THE ,
! AMENDMENTS TO THE STATE
\ LAND PLANNING FOR
1 c: \ De f:e-.c-
APPROVAL; PROVIDING AGENCY THAT,
IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT :
Affiant further says that the said The Key AGENCY, .THAT DISAPPROVAL
a newspaper published at Key West, . in said Monrc SHALL NOT AFFECT THE :
REMAINING AMENDMENTS;
and that the said newspaper has heretofore been ' PR:OVID-I,NG FOR
lished in said Monroe County, Florida, each day SE`VERA lit LIT?1771 AND '
and has been entered as second class mail matte' PROVIDING FOR AN EFFECTIVE-
in Key West, in said Monroe County, Florida, fo DATE' `
Pursuant to Section_; 286.0105,
year next preceeding the first publication of i Florida Statutes,notice is given that-
of advertisement; and affiant further says that ' if a person decided a appeal- any
decision made by the Board with
nor promised any person, firm or corporation an respect to any matter considered at
commission or refund for the purpose of securine such hearings or meetings, he will
P Pneed a record of the proceedings,
, for publication in the said newspaper. and that, for such purpose,,he may
v
need to ensure that a erbatim
record of the proceedings is made,
which record includes the testimony
NOTARY POLIO STATE CT' FL9(ii:Dfi and evidence upon which the appeal
c.c; is to be based.
(SEAL) I'T I'I``SIO UP JUI.Y 'r.7,7')4- Copies of the above-referenced
' EOV:ED THRU LEDERAL 10S. UF;D, �, ordinance are available for review
- at the various public libraries in
isc
SWORN AND SUBSCRIBED before me this day p Monroe County,Florida.
DATED at Key West, Florida,this:
23rd day of September,A.D.1987.
COMMISSIO DANNYL.KOLHAGE
N TARY UBLIC Clerk of the Circuit Court
of Monroe County,Florida
and ex officio Clerk of the
Board of County Commissioners -
of Monroe County,Florida
Sept.28,Oct,5,1987 ,
31 `SENDER: Complete items 1,2,3 and 4.
CPut your address in the"RETURN TO"space on the
3 reverse side.Failure to do this will prevent this card from
being returned to you.The return receipt fee will provide P-5 9 3 0 b 5 16 r
..rb you the name of the person delivered to and the date of •
delivery.For additional fees the following services are RECEIPT FOR CERTIFIED MAIL ,
available.Consult postmaster for fees and check boxes) NO INSURANCE COVERAGE PROVIDED
for service(s)requested. NOT FOR INTERNATIONAL MAIL •
-. (See Reverse)
§ 1. XXShow to whom,date end address of delivery.
t 2. ❑ Restricted Delivery. 0 department of State
n do In Str d p
al 3 Articles pfldr to: r -e U$ itol
rs. Liz L.L ud, .C ief• -o • P.O.,State and ZIP Code
iiureau of Administrative Code a Tallahassee, Fl. 32301
Department of State c?
Thus
e Capitol Postage 5
Tallahassee, Fl. 32301 ff//\\
Certified Fee
fzl
4. Type of Service: Article Number 1'1
Special Delivery-Fee 14
❑ Registered I ❑ Insured x
[2 Certified 0 COD P-593 085 167 Restricted Delivery Fee
O Express Mail'
Return Receipt showing �r y z'
to whom and Date Deliv: C.
Always ob i signaturq�df addressee or agent and m il O
DATE D IVERED.c// Return Receint s it wlUJory� H
�� Date.and Addr !el very
0 5.. Z,.figh u ddr �• y-• -..' cu ` W
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11llannp I. Itolba t
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CLERK OF THE Cnl~UIT CO RT
MONROE COO TY !
500 WHITEHEAD REEl'
I
KEY WEST, FLORIDA 33040
TEL. (305) 294-4~41
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON. FLORIDA 33050
TEL. (305) 743-9036
October 26, 1987
CERTIFIED MAlt.
RETURN RECEIP~ REQUESTED
I
I
Mrs. Liz Clou~, Chief I I
Bureau of Admfnistrative Code and 'Laws
Department ofl State
The Capitol i
Tallahassee, Florida 32301
Dear Mrs. C10~d:
I ,
Encl~sed please find a ce~tifi'
No. 040-1987 tdopting and ratify~n~ cert
attached and,ncorporated by reference i
Text of the Otdinance: transmi ttin9, the I
State Land Pl~nning Agency for approvali
any Amendment$ are disapproved by ~hat ~
disapproval s~all not affect ther~maini
i i I !
This I Ordinance was adopted by t e
Board of Coun1l:y Commissioners ata Regular
session on October 20, 1987. I
i !
PleaSe file for record.
I
,
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r(;
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
copy of Ordinance
in Text Amendments
to the body of the
endments to the
providing that, if
ency, that
g Amendments; etc.
Monroe County
Meeting in formal
,
i
Very truly tours,
Danny L. Kcilhage
Clerk,of th$ Circuit Court and
ex officio ;lerk to the Board
of County C,mmissioners
, i
, ,
BY:~ "
Rb,alie i . C
Difuty 9terk
ii,
i i r
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cc: commissioJer E. Lytton
County Attlorney
County Ad~inistrator
. I
Plann1ng ~irector - 3
__F~l~~-'~I() ~51' 1
ral
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
Dorothy W. Joyce
Division Director
October 29, 1987
Honorable Danny L. Ko1hage
Clerk of the Circuit Court
& Ex-Officio Clerk to the BCC
Monroe County Courthouse
500 Whitehead St.
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
1. Receipt of letter/s of
and certified copy/ies
County Ordinance(s)
October 26, 1987
of Monroe
#87-38, #87-39 and #87-40
2. Receipt of
relative to:
County Ordinance(s)
(a)
which we have numbered
(b)
which we have numbered
3. We have filed tn~~/these ordinances in this office
on October 29, 1987.
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
SinCe,elY'~
L~, Chief
Bureau of Administrative Code
LC / ill b
DIVISION OF ELECTIONS, Room 1801, The Capitol, Tallahassee, Florida 32301
(904) 488.7690