Item R1
Memorandum
To: Richard Collins, County Attorney .JYY-'
From: Bob Shillinger, Asst. County Attorney / {f 0
Date: January 18, 2005
Re: January 2005 litigation report
NEW CASES FILED AGAINST THE COUNTY
Evans, Brian v. KW Citizen, Monroe County, et al CV S 04-1742-KJD-LRL
U.S. Dist. Ct. Nevada Judge: Date Filed: 1/6/2005
Latest suit by chronic litigant/lounge singer claiming that he was defamed by
misstatements by MCSO employee printed in Key West Citizen.
MCSO
Status:
Complaint filed, not served yet.
Next Activity:
If served, retain Nevada counsel to defend.
Time: .2
Costs:
0.00
Evans, Brian v. MCSO, Monroe County, et al. 04-17429
9th Circuit Court of Appeals Judges: TBA Date Filed: 12/09/2004
Appeal of Nevada Court's dismissal of suit against County, Sheriff, and State
Attorney on jurisdictional grounds.
Status:
Appeal will be litigated by MCSO's insurer's counsel.
Next Activity:
Evan's brief is due on March 7,2005.
Time: .2
Costs:
0.00
Evans, Brian v. MCSO, Monroe County, et a!. 05-10077-B
11th Circuit Court of Appeals Judges: TBA Date Filed: 1/5/2005
Appeal of Judge King's order imposing sanctions and awarding attorney's fees
against Evans for filing a frivolous lawsuit.
MCSO
Status:
Appeal filed. Carrier counsel (Purdy) will defend appeal.
Next Activity:
dismissal.
Evans must file transcript information form by 1/24105 or face
Time: .2
Costs:
0.00
R .1
GAP Properties of SW Florida-I. Inc. v. Monroe County CA K 04-1321
Circuit Court (16th) Judge: Jones Date Filed: 12/10/2004
Certiorari review of final administrative action involving dock condominium
conversion on Stock Island.
Growth Management
Status:
Mayor served 12/22/04. Will be referred to Vernis & Bowling.
Next Activity:
Responsive pleading due on 1/20/05.
CAY Time: 1.5
Billing to date: none
Teal. Kimberly & Keith v. Michael Anqel, Monroe County. et al CA M 04404
Circuit Court (16th) Judge: Payne Date Filed: 12/16/04
Declaratory judgment action by property owners seeking half of a road
purportedly abandoned by County and then quitclaimed to City of Marathon
which was subject of litigation in 2002.
Public Works
Status:
County filed motion to dismiss on 1/7/05.
Next Activity:
Hearing on motion to be set.
Time: 1.3
Costs:
0.00
CASES CLOSED WITHIN LAST MONTH
Hiaas, Ervin v. Value Adiustment Board of Monroe County CA K 04-430
Circuit Court (16th) Judge: Payne Date Filed: 4/20/04
Action for injunctive relief against the V AB seeking to restore tax roll to just value
and to enjoin V AB from misapplying law in future valuations. V AB
Status:
Higgs dismissed suit on 1/12/05.
Next Activity:
Close file.
Time:
17.0
Costs:
$76.00
2
.. ; !
Hyatt & Saavedra Development Corp. v. Monroe County 4:04CV10005
US Dist. SO Fla. Judge: Moore Date Filed: 12/31/03
Civil Rights action based on refusal of County to issue building permit for
construction of McDonald's restaurant in Key Largo. Mayor served 1/8/04.
Status:
County's motion to dismiss granted 12/3/04.
Next Activity:
Close file.
Billing to date: $20,437.57
McCoy, Kimberl~ & Jack v. Monroe County CA P 04-62
Circuit Court (16 h) Judge: Garcia Date Filed: 2/13/04
Slip and fall injury case on Indian Avenue, Tavernier, a County road. CAY acting
as co-counsel with carrier's counsel. Public Works/Risk Management
Status:
Settled for $12,100.00
Next Activity:
Close out file.
Johnson, Anselmo's billing to date: $9,437.31
CAY legal staff time: 3.7
Monroe County v. Marcos Caso CA K 04
Circuit Court (16th) Judge: Date Filed:
Code enforcement lien foreclosure action for unpaid $23,320.00 fine.
Current Status:
Settled for $2,320.00.
Next Activity:
Close file.
Time: 2.6 hours
Costs: $0.00
Monroe County v. Chris Johnson CA K 03-1173
Circuit Court (16th) Judge: Payne Date Filed: 10/7/03
Code enforcement foreclosure action that was authorized by the sacc 7/15/03.
$12,000.00 per day since 2/21/03.
Current Status: County owns property; deficiency judgment in the amount of
$3,828,514.80. Judgment filed w/ Dept. of State.
Next Activity:
Close file.
Time: 16.6 hours
Costs: $389.00
3
Monroe County v. Gertrude Waters
Circuit Court (16th) Judge:
Code enforcement collection action
9/25/3 lien valued at $79,300.00.
CA M 03 (TBA)
Date Filed:
authorized by BOCC on 9/17/03. As of
Current Status: Settled.
Next Activity: Closed.
Time: 2.9 Costs:
$100.00
GENERAL LITIGATION
In re: Marie Charles EEOC 150-2005-00083
EEOC Miami Date Filed: 10/15/04
Allegations of civil rights violation due to discrimination on national origin.
Community ServiceslTransportation
Status: Investigated in house. Response submitted 11/12/04. Additional
information submitted on 12/3/04.
Next Activity:
Await reply by EEOC.
Time:
11.7
Costs:
15.00
Clay. Robert Leefi John & Li ChiunQ Moyant v. Monroe County CA M 04-05
Circuit Court 16t Judge: Jones Date Filed:01/05/04
Mandamus Petition to release building permits for 2 properties on Big Pine or
alternatively seek damages for inverse condemnation. Mayor served 1/8/04;
amended petition adding two additional owners filed 2/3/4.
Growth Management.
Status:
Court approved settlement agreement.
Next Activity:
Awaiting dismissal by Petitioners.
Time: 3.3
Costs:
None
4
Collins, Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management; CAY co-counsel with Freilich, Leitner & Carlise.
CA M 04-379
Date Filed: 11/22/04
Status: Responsive pleading being drafted; pro hac vice motion file;
executive session scheduled for 1/19/05.
Next Activity: Responsive pleading due 1/31/05.
Time: 19.0 Costs: 0.00
DrewinQ, Janice v. Monroe County 3D 04-3044
Third DCA Judges: TBA Date Filed: 11/29/04
Appeal of denial of writ of mandamus in personnel matter.
Community Services/Social Services
Status:
Appellant's brief due February 7, 2004.
Next Activity:
Respond to Appellant's brief.
Time: 1.5
Costs:
0.00
DrewinQ, Janice v. James Roberts as County Administrator CA K 04-686
Circuit Court 16th Judge: Jones Date Filed: 6/25/04
Mandamus action seeking hearing in personnel dispute between plaintiff and her
supervisor Louis Latorre. Community Affairs/Social Services
Status: Drewing appealed to Third DCA. County's Motion for Attorney's
fees pending. Court denied writ of mandamus w/o hearing.
Next Activity:
Attorney's fees motion stayed pending appeal.
Time:
19.5
Costs:
0.00
E/eQant Kitchens & Baths, Inc. et al v. MC Contractor's Board 3004-2993
Third DCA Judge: TBA Date Filed: 11/29/04
Certiorari review of appellate decision upholding Contractor's Examining Board
violation for aiding and abetting an unlicensed contractor. (ACA Mercado).
Growth Management/Building/Contractor's Examining Board
Status:
Briefs filed.
Next Activity:
Await Court's decision.
Time:
1 0??5
Costs: 0.00
5
Elegant Kitchens & Baths, Inc. et al v. MC Contractor's Board CA M 03-312
Circuit Court 16th Judge: Jones Date Filed: 10/30/2003
Appeal from Contractor's Examining Board of a violation for aiding and abetting
an unlicensed contractor. ACA Mercado is handling this case.
Growth Management
Status:
County prevailed; Court affirmed Contractor's Board's decision.
Next Activity:
None. Case on appeal to Third DCA.
Time:
17.0
Costs: 0.00
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Key West) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest. MCSO
Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees
against Evans for filing frivolous suit. Decision appealed.
Next Activity:
Collection
Time: 9.5
Costs:
0.00
Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to agreement with State. CAY co-counsel with
Johnson, Anselmo. Growth Management
Current Status: Trial concluded 11/18/04.
Next Activity: Proposed final orders due 1/28/05.
CAY Time: 178.6 Costs: TBA
Harris, Steven & Lourdes Spellman v. Monroe County CA P 04-178
Circuit Court (16th) Judge: Garcia Date Filed: 4/14/04
Quiet title action involving road abandonment of Oceana Road in Key Largo.
Public Works
Status:
Settled.
Next Activity:
Awaiting approval of agreement by Court.
Time: 8.2
Costs:
none
6
Hinote Construction v. Monroe County CA P 03-344
Circuit Court (16th) Judge Garcia Date Filed: 6/18/2003
Civil Rights action arising out of a denial by the Planning Commission of a
transfer of commercial square footage to the proposed Walgreen's in Key Largo.
Growth Management.
Current Status:
Plaintiff's dismissed 10/12/04.
Next Activity:
Exchange releases.
Time: 25.0 hours
Costs: $50.46
Monroe County v. Mark Fra/eiQh CAP 03-647
Circuit Court (16th) Judge: Garcia Date Filed: 12/8/3
Ejectment action against owner of structures located on County right-of-way.
Public Works.
Current Status:
Discovery ongoing.
Next Activity: Convey latest settlement ofter.
Time: 17.4
Costs: NONE
Neuman, Kenneth v. Monroe County CA K 04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits for property
on Big Pine. County settled similar suit in April. Mayor served 6/25/04.
Growth Management
Status: CAY serving as co-counsel. Discovery phase. Settlement
negotiations ongoing.
Next Activity:
Depositions to be set.
Time:
5.8
Costs:
0.00
7
Nunziante, Maril*n v. Monroe County CA K 04-1227
Circuit Court 16t Judge: Jones Date Filed: 11/18/04
Suit over admission practices at Bayshore Manor seeking to invalidate practice of
requiring family members to subsidize those who can't afford the full rate.
Community Services/Social Services; Mayor served 11/19/04.
Status: Co-Defendant LaTorre still has not consented to dual
representation with BOCC. Disputed payments being escrowed.
Next Activity:
Answer amended complaint once served.
Time:
45.8 Costs: 0.00
Osborn, Jeff v. Monroe County CAP 04-565
Circuit Court 16tn Judge: Garcia Date Filed: 11/24/04
Second of two certorari petitions challenging development approval given on the
Northstar project.
Growth Management. No service yet.
Status:
claim.
Awaiting preliminary finding by Court on whether petition states a
Next Activity:
entered.
Respond to petition and Court's order to show cause, if
Time:
0.1
Costs:
0.00
pap Marina, Inc. v. Monroe County CA K 02-561
Circuit Court (16th) Judge: Payne Date Filed: May 2002
Cert. Petition appeal from denial of rezoning on Geiger Key Marina.
Growth Management
Current Status:
Trial preparation.
Next Activity:
Trial set for 2/2/05.
Time: 17.2 hour
Costs:
none to date
8
Smart Plannina & Growth Coalition v. Monroe County CA P 04-8
Circuit Court 16th Judge: Payne Date Filed: 1/13/04
Certiorari Petition and Declaratory Judgment act alleging that County's
settlement with Hinote Construction, Inc. is inconsistent with compo plan.
Growth Management
Status:
Motion for Attorney's fees filed.
Next Activity: Set hearing on motion.
Time: 26.5 Costs:
Tuttle. David. Peter Rosasco & Harley Evans v. Monroe County CAM 04-243
Circuit Court 16th Judge: Payne Date Filed: 6/30/04
Action for damages and to compel County to issue building permits for property
on Big Pine. County settled similar suit in April. Growth Management
Status:
Settled; 3 of 4 releases issued.
Next Activity:
Dismissal if DCA doesn't object to permits.
Time:
2.9
Costs:
0.00
POTENTIAL CASES THAT HAVE NOT BEEN FILED
lloYd Good v. Monroe County CA K 04 _____
Circuit Court (16th) Judge: Date Filed:
On 11/24/03, the County was served with notice of a claim under the Bert J.
Harris Act regarding two parcels of property owned by Lloyd Good.
Growth Management.
Current Status:
Statutory Notice provided to Dept. of Legal Affairs on 12/9/3.
Next Activity:
Deadline for responding extended to November 2004.
Time: 2.1 hours
Costs:
$5.56
9
Monroe County v. Florida Detroit Diesel SC K 04 TBA
County Court (Sm. Claims) Judge:
Collection action seeking reimbursement for $4,905.00 in clean up costs
associated with improperly installed machinery.
Fleet management/Risk Management
Current Status: Demand letter sent.
Next Activity: Seek BaCC approval in February if no payment made.
Time: 8.1 Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0048
TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations.
Time: 3.0
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0049
TSA Admin. Hearing ALJ: TBA Date Filed: 5/18/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity: Negotiations ongoing.
Time: 5.5
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0050
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity: Negotiations ongoing.
Time: 5.5
Costs: 0.00
10
TSA v. Monroe County Aviation Department 2004 FLL 0051
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations ongoing.
Time: 3.0
Costs: 0.00
TSA v. Monroe County Aviation Department 2004 FLL 0054
TSA Admin. Hearing ALJ: TBA Date Filed: 6/25/2004
KWIA received notice of proposed civil penalty ($10,000) to be levied against
KWIA for security incident self reported by KWIA.
Key West International Airport
Status: Being handled in house by ACA Mercado
Next Activity:
Negotiations ongoing.
Time: 3.0
Costs: 0.00
ARTICLE V APPEALS
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-765
Circuit Court (16th) Judge: Date Filed: 8/7/03
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $2500.00. Lower Court case is
styled State v. James Thomas Hastings, 2003 MM 1845 K.
Current Status: Court dismissed appeal on 6/3/04.
Next Activity:
Defendant recommitted, issue is moot.
Time: .7 hour
Costs: none to date
11
Monroe County Bail Bonds v. State ex reI. Monroe County CF K 03-754
Circuit Court (16th) Judge: Date Filed: 8/7103
This is an appeal of a County Court decision to deny a bail bondsman's motion to
set aside a bond forfeiture. Bond amount is $10,000.00. Lower Court case is
styled State v. David Paul Saunders, 2002 MM 2083 K.
Current Status: 12/6/04, Court affirmed trial court's ruling; County prevailed.
Next Activity:
Defendant recommitted, issue is moot.
Time: 8.8 hour
Costs: none to date
CODE ENFORCEMENT APPEALS
Decker, Harry v. Monroe County
Circuit Court 16th Judge Payne
This is an appeal of a code enforcement OSTDS case.
CA K 01-1252
Date Filed: 10/5/01
Current Status: Court reinstated appeal. Brief done.
Next Activity: Awaiting decision.
Time: 18.8hours Costs: none
Eads, Barbara v. Monroe County CAP 03-117
Circuit Court 16th Judge Garcia Date Filed: 2/27/03
This is a code enforcement appeal of the special master's order finding the Lowe
House to be in unsafe condition and setting forth a compliance schedule.
Status:
Appeal stayed pending review by HPC.
Next Activity: Status check 1/3/05.
Time: 3.6 hours Costs: none
Fuchs, WalburQa v. Monroe County
Circuit Court (16th) Judge Vernon
This is a code enforcement appeal of an OSTDS case.
CA K 01-1251
Date Filed: 10/5101
Current Status: The County's brief filed.
Next Activity:
Await Court's decision.
Time: 11.5 hours Costs: none
12
Stevenson, MK v. Monroe County CA K 02-257
Circuit Court 16th Judge Payne Filed: 2/26/02
Appeal of a finding that Caribbean Village storage sign was an off premises sign.
Current Status: Judge Payne affirmed most of Special Master's order.
Stevenson appealing that decision to Third DCA. Cross appeal filed.
Next Activity: See below.
Time: 31.0 hours Costs: none
Stevenson, MK v. Monroe County 3D04-1715
Third DCA Judges: TBA Filed: 6/20/04
Appeal of Judge Payne's ruling upholding majority of Code Enforcement Special
Master's decision regarding Caribbean Village storage sign.
Current Status: Appellant granted extension by 3d DCA to file initial brief.
Next Activity: Appellant's brief due 2/7/5.
Time: 1.0 hours (this appeal only)
Costs: none
Turner, Marcia v. Monroe County CA P 04-329
Circuit Court 16th Judge: Garcia Date Filed: 7/8/04
Appeal of order entered by Code Enforcement Special Master
Growth Management/Code Enforcement
Status:
Court dismissed appeal on 1/12/05.
Next Activity:
Remand to code enforcement for repeat violation.
Time:
3.6
Costs:
0.00
CODE ENFORCEMENT FORECLOSURES/COLLECTIONS
Monroe County v. Mario Alfonso CA K 03-1458
Circuit Court (16th) Judge: (none yet) Date Filed: 12/08/03
Code enforcement foreclosure action authorized by the sacc on 6/18/03.
Fine fixed at $91,450.00.
Current Status: Settled.
Next Activity: Finalizing settlement paperwork.
Time: 23.6 hour
Costs: $151.70
13
Monroe County v. Holly Grace Blandeaux SC K 04-TBA
Small Claims Judge: TBA Date Filed: TBA
Code enforcement collection action authorized by SOCC on 7/14/04.
Fine is fixed at $584.88.
Current Status: Demand letter returned unclaimed, complaint drafted.
Next Activity: File suit in small claims court.
Time: 2.4 Costs: 0.00
Monroe County v. Patricia Cambo, et al CA K 04 578
Circuit Court (16th) Judge: Payne Date Filed: 5/27/04
Action authorized by the SOCC 12/17/3. Fine fixed at $62,800.00. Three
defendants: M/M Joel Rogers, current owners; Patricia M. Cambo, violator/former
owner.
Current Status: Tentative agreement to settle for $10,000.00 reached.
Next Activity: SOCC consideration on 1/19/05.
Time: 15.0 hour
Costs: $0.00
Monroe County v. Dirk Damrau CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action authorized by the SOCC 6/18/03. Fine was
$169.900.00 as of 7/18/03 and accruing at $200.00 per day.
Current Status: Compliance achieved.
Next Activity: Negotiate settlement.
Time: 1.6 hour
Costs: none to date
Monroe County v. William L. Davis CA P 04-181
Circuit Court (16th) Judge: Garcia Date Filed: 4/15/04
Action to collect $29,500.00 code enforcement fine from former owner of property
who fraudulently sold property to innocent owner. OF in Federal prison.
Current Status:
Default entered October 19, 2004.
Next Activity:
Motion for Final Judgment.
Time: 4.2 hour
Costs:
$21.00
14
Monroe County v. Reinaldo Delaado & Lourdes Nunez CA P 04 TBA
County Court (Civil) Judge: ptomey Date Filed: TBA
Collection action authorized by SOCC on 6/16/04. Fine set at $6600.00.
Current Status:
Researching issues raised by owners re: timely compliance.
Next Activity:
Present request to release lien October meeting.
Time: 2.0
Costs:
0.00
Monroe County v. Dan Gleason SC P 03 - 165
Small Claims Court Judge: Ptomey Date Filed: 8/5/03
Small claims action for a money judgment to collect $520.00 in unpaid code
enforcement fines and costs authorized by the SOCC in April of 2003.
Current Status:
Final judgment registered wi Dept. of State.
Next Activity: Continue wi enforcement proceedings.
Time: 9.5 hours
Costs: $65.92
Monroe County v. Marshall Golnick CC K 04-TBA
County Court Judge: TBA Date Filed: TBA
Collection action authorized by SOCC on 6/16/04. Fine set at $11,300.00.
Current Status: Demand letter pending
Next Activity: Title search.
Time:
6.5
Costs: 0.00
Monroe County v. Jack Haaopian. CA P 03-529
Circuit Court (16th) Judge: GARCIA Date Filed: 10/1/03
Code enforcement collection action authorized by SOCC on 8/20103. Fine was
$203,100.00 as of 9/30103 and accruing at $250.00 per day.
Current Status: County filed Motion for Summary Judgment.
Next Activity: Motion for summary judgment hearing, 2/4/5.
Time: 9.1
Costs:
$20.00.
15
Monroe County v. Dorothy HOUQh CA P 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $25,050.00 and accruing at $50.00 per day.
Current Status: Owner's ATF permit waiting to be issued.
Next Activity: Complete title search.
Time: 1.0
Costs:
none
Monroe County v. James JeanQuenat CA P 04 ------------
Circuit Court (16th) Judge: Date Filed:
Code Enforcement collection action authorized by SOCC on 4/21/04. As of that
date, the fine was $136,100.00 and accruing at $500.00 per day.
Current Status:
Negotiating with owner.
Next Activity:
Status check 2/1/05.
Time: .7
Costs:
none
Monroe County v. Key LarQo Ocean Resorts CooP, Inc. CA P 96-260
Circuit Court (16th) Judge Garcia Date Filed: 5/20/96
This is an action to foreclose a code enforcement lien.
Current Status: Revised development agreement application being reviewed
by Growth Management.
Next Activity:
Status report due 4/1/05.
Time: 36.6 hours
Costs: $340.00
Monroe County v. Pedro Liz (Bakery)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 7/17/03 when fine
was $119,900.00 and accruing at $200.00 per day.
CA K 03 (TBA)
Current Status: Title search in progress.
Next Activity:
File suit.
Time: 1.0
Costs:
none
16
Monroe County v. Pedro Liz (Trailer) CA K 03 (TBA)
Circuit Court (16th) Judge: Date Filed:
Code enforcement collection action authorized by SOCC on 9/17/03. As of
9/25/3 lien valued at $133,300.00 & accruing at $200 per day.
Current Status: Title search in progress.
Next Activity: File suit.
Time: .5
Costs:
none
Monroe County v. Lily Marks CA K 03.1152
Circuit Court (16th) Judge: Jones Date Filed: 10/2/3
Two code enforcement collection actions authorized by SOCC on 8/20/03 and
12/27/03. As of 5/26/04, fines totaled $537,950.00 and accruing at $750/day.
Current Status: DF answered first amended complaint.
Next Activity: Discovery.
Time: 4.0
Costs:
$20.00
Monroe County v. Arthur Mehr
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18/03.
Fine had reached $28,380 on 7/18/03 and continues to accrue at $20 per day.
(TBA)
Current Status: Title search in progress.
Next Activity: Status report 2/1/5.
Time: 2.1 hour
Costs: $150.00
Monroe County v. Safe Harbor Marine Railway Corp.
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the SOCC 6/18103.
As of 1/1/4, lien totaled $106,700.00.
CA K 03 (TBA)
Current Status: Title search pending.
Next Activity:
File suit.
Time: 1.5 hour
Costs: none to date
17
Monroe County v. Joseph Sutton CA K 03 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BaCC 6/18/03.
Fine was approximately $18,000.00 when compliance achieved.
Current Status: Property in compliance. Negotiating with owner.
Next Activity:
Status report 2/1/5.
Time: 1.5 hour
Costs: none
CASES BEING LITIGATED BY OUTSIDE COUNSEL
(other than Morgan & Hendrick)
Ferencik, Libanoff, Brandt, Bustamante and Williams, P .A.
Monroe County v. Bender & Associates, et al CA K 03 915
Circuit 16th Judge: Jones Date Filed: 8/4/03
Suit filed against Bender & Associates, D.L. Porter Constructors, Inc., Security
Impact Glass Holdings, L.L.C., and Preservation Services, Inc. for breach of
contract and negligent misrepresentation arising from the defective design,
fabrication, and/or installation of the windows in the Gato building.
Status:
Discovery ongoing.
Next Activity:
Discovery.
Billing to date:
$39.676.00
Costs:
$5,603.78
Monroe County v. LodQe Construction, et al. CA K 00-617
Circuit 16th Judge: Payne Date Filed: 5/11/2000
Suit filed against general contractor Lodge Construction & its surety for breach of
contract to build Gato Building.
Status:
Reserved on appeal November 24, 2004. New trial granted.
Next Activity:
Re-Trial dates to be set.
Billing to date:
$297,767.75
Costs:
$71,522.28
18
Freilich, Leitner & Carlise
Collins. Thomas et al v. Monroe County
Circuit Court 16th Judge: Payne
Takings action brought by 11 groups of plaintiffs.
Growth Management
CA M 04-379
Date Filed: 11/22/04
Status: Responsive pleading being drafted. Pro hac vice motion pending.
Closed session scheduled for 1/19/05.
Next Activity:
Responsive pleading due 1/31/05.
Billing to date:
Costs: 0.00
Johnson, Anselmo Murdoch Burke & George
BaukniQht. Ska~s & Rockett v. Monroe County CA P 04-451
Circuit Court 16 Judge: Garcia Date Filed: 9/24/04
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4.
Growth Management
Status:
removed to Federal Court.
Next Activity:
Action stayed while removal being litigated.
Billing to date:
$832.24
Costs:
0.00
BaukniQht. SkaQQs & Rockett v. Monroe County 04 CV 10105
U.S. D.C. S.Fla. Judge: Moore Date Filed: 11/1/04
Inverse condemnation/takings case filed by Jimmy & Nancy Bauknight, Teague
Skaggs, & Kathleen Rockett for three lots on Big Pine Key. Mayor served 10/4/4.
Growth Management
Status:
County removed case to Federal Court.
Next Activity:
Motions to remand to state court & stay discovery pending.
Billing to date:
none
Costs:
0.00
19
Florida Keys Citizens Coalition v. State & Monroe County DOAH 04-2756
DOAH Judge: Carolyn Holifield Date Filed: 08/05/04
Administrative Rule challenge to agreement with State to fund purchases of
environmentally sensitive lands, provide permits for workforce housing, etc; CAY
serving as co-counsel.
Growth Management
Status:
Trial completed.
Next Activity:
Recommended final orders and argument due 1/28/05.
Billing to Date:
$59,464.92
Moore, Russell v. Monroe County CA P 04-452
Circuit Court 16th Judge: Garcia Date Filed: 9/24/04
Mandamusllnverse condemnation/takings case filed for one lot on Big Pine.
Mayor served on 10/4/4. Growth Management
Status:
Discovery ongoing.
Next Activity:
Discovery.
Billing to Date:
$499.50.
Neuman, Kenneth v. Monroe County CA K 04-663
Circuit Court 16th Judge: Jones Date Filed: 6/21/04
Action for damages and to compel County to issue building permits for property
on Big Pine. CAY serving as co-counsel.
Growth Management
Status:
Discovery.
Next Activity:
Discovery.
Billing to Date:
$2,326.92
20
Purdy, Jolly & Giuffreda, P.A.
Evans, Brian v. Monroe County 04-CIV-10033-JLK
U.S.Dist.,S.D.Fla. (Miami) Judge: King Date Filed: 5/6/04
Civil action against the County, and others, arising from actions of Sheriff's office
in publicizing the rescission of a warrant it had obtained for his arrest. MCSO
Current Status: Court awarded County & Sheriff $4579.00 in attorney's fees
against Evans for filing frivolous suit & denied Evan's motion to stay enforcement
of judgment pending appeal.
Next Activity:
Collection.
Billing to Date:
none
Costs:
0.00
Evans, Brian v. Monroe County, et al. CIV S 04-1042 LRH
U.S.D.C. Nevada Judge: Date Filed: 7/28/04
Same allegations as Evans v. Monroe County, et al,.04-CIV-1 0033-JLK, see
above, where County is seeking sanctions against Evans for vexatious and
frivolous litigation. MCSO
Current Status: Evans has appealed dismissal by Court. County & Sheriff
seeking attorney's fees.
Next Activity:
motion.
Respond to Appellate Brief; court's ruling on attorney's fee
Billing to Date:
none
Costs: 0.00
The Smith Law Firm
Monroe County v. Post Buckley. Schuh, and Jerniaan CA K 95-402
Circuit Court (16th) Judge: Payne Date Filed: 3/30/95
Malpractice claim against the County's former engineering firm for miscalculation
of bonds necessary to finance improvements to Card Sound Road.
Public Works
Current Status:
Remanded by Third DCA for new trial.
Next Activity:
Status conference to be set.
Billing to date:
$337,714.55
21
Vernis & Bowling of the Florida Keys, P.A.
Key Tex Shrimp Docks Condo Assoc. v. Monroe County CA K 04-224
Circuit Court (16th) Judge: Taylor Date Filed: 3/2/04
Petition for Prohibition to prevent County from denying permits because of
ownership conversion to condominiums and Mandamus to compel the building
department to accept permit applications that have been placed on hold.
Growth Management
Status:
Discovery & motions.
Next Activity:
County's motion to dismiss set for hearing on 2/2/5.
Billing to date:
$31,716.90
Monroe County v. Mary Boza. CA K 03-1508
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Defendant served.
Billing to date:
none.
Monroe County v. Alain Y. Depierrefeu. CA K 03-1504
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Serve defendant.
Billing to date: none
Monroe County v. Alain Y. Depierrefeu. CA K 03-1507
Circuit Court (16th) Judge: Vernon Date Filed: 12/18/2003
Code enforcement foreclosure action authorized by the SOCC on 4/18/03.
Current Status: Complaint filed.
Next Activity: Serve defendant.
Billing to date: none
22
Monroe County v. Mary Ellen Lloyd, CA M 03-362
Circuit Court (16th) Judge: Jones Date Filed: 12/19/03
Code enforcement foreclosure action authorized by the sacc 4/18/03.
Current Status:
Filed.
Next Activity:
Discovery
Billing to date: none
Monroe County v. James Messera, et al CA K 03-1509
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the sacc 4/18/03.
Current Status:
Filed.
Next Activity:
Discovery.
Billing to date:
none.
Monroe County v. Joe Posada, III CA K 03-1503
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action authorized by the sace 4/18/03.
Current Status:
Settlement negotiations.
Next Activity:
Discovery.
Billing to date:
none.
Monroe County v. VirQinia Sawyer & Tony Welters CA K 03-1505
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the sacc 7/15/03..
Current Status: Discovery
Next Activity:
Discovery
Billing to date: none
23
Monroe County v. VirQinia Sawyer CA K 03-1506
Circuit Court (16th) Judge: Payne Date Filed: 12/18/03
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03..
Current Status:
Discovery
Next Activity: Discovery
Billing to date: none
Monroe County v. Louis Welters CA K 04 (TBA)
Circuit Court (16th) Judge: (none yet) Date Filed:
Code enforcement foreclosure action that was authorized by the BOCC 7/15/03.
Current Status:
Unknown.
Next Activity:
Unknown
Billing to date:
none.
Osborn, Jeff v. Monroe County CAP 04-564
Circuit Court 16th Judge: Garcia Date Filed: 11/24/04
First of two certorari petitions challenging development approval given on the
Northstar project.
Growth Management.
Status:
Referred to V & B because related to representation in Key Tex.
Next Activity:
Responsive pleading due 1/18/05.
Billing to date:
none.
24
DRAFT DRAFT DRAFT
NOT OFFICIALLY ADOPTED
This is the first draft of the updated
and revised proposed County Code.
It is being distributed to you for
revit~w and comment purposes, and is
not to be cited as the official Monroe
County Code. This Code draft may
also be found at
h ttp_:lLln_ltn,kipll_Lc~_Q_de_s_~_l~x"-Lsn e xis._e C (}
I d l f
. .. . . / .. - ..1 ,..=~"" /
m-L"c-()-----esLmQ_n.l_Q_kC~QL!.
Please direct any comments or
suggestions concerning this draft to
the C~ounty Attorney before February
15th.
MONROE
COUNTY
CODE
2004
A Codification of the General Ordinances
of the County of Monroe, Florida
Codified, Indexed and Published by
LexisNexis Municipal Codes
Matthew Bender & Company, Inc.
701 East Water Street
Charlottesville, VA 22902
866-501-5155
_ LexisNexis~'
Municipal Codes
PREFACE
The Monroe County Code is a conlplete codifica-
tion of the general ordinances of Monroe County., Flor-
ida., and is intended to be a useful manual and ready ref-
erence for all citizens. All ordinances not repealed., of a
general or permanent nature., are conveniently arranged
in this volume by subject.
The code is organized by subject matter under an
expandable three-factor decinlal numbering systenl
which is designed to facilitate supplenlentation without
disturbing the nunlbering of existing provisions. Each
section number designates., in sequence., the nunlbers of
the title., chapter., and section. Thus., Section 2.12.040 is
Section .040., located in Chapter 2.12 of Title 2. In most
instances., sections are nunlbered by tens (.010., .020.,
.030., etc.)., leaving nine vacant positions between origi-
nal sections to accommodate future provisions. Simi-
larly., chapters and titles are nunlbered to provide for in-
ternal expansion.
In parentheses following each section is a legisla-
tive history identifying the specific sources for the pro-
visions of that section. This legislative history is conl-
plemented by a prior code cross-reference table., which
sets out the location of individual sections of the prior
code, and an ordinance disposition table., following the
text of the code., listing by number all ordinances., their
subjects., and where they appear in the codification.
A subject-nlatter index., with complete cross-
referencing., locates specific code provisions by individ-
ual sections.
LexisNexis Municipal Codes
Matthew Bender & Company., Inc.
701 East Water Street
Charlottesville, VA 22902
866-501-5155
Title 1
Title 2
Title 3
Title 4
Title 5
Title 6
Title 7
Title 8
Title 9
Title 10
Title 11
Title 12
Title 13
Title 14
TABLE OF CONTENTS
Code Instructions
General Provisions
Administration and Personnel
Revenue and Finance
Appointed Boards, Commissions and
Committees
Business Licenses and Regulations
Buildings and Construction
Animals
Health and Safety
Land Acquisition and Development
Public Peace and Welfare
Vehicles and Traffic
Boats, Docks and Waterways
Streets, Sidewalks and Public Places
Public Services
Appendix: Penalty Table
Statutory References
Tables
Index
Chapters:
1.01
1.04
1.08
1.12
1.16
Title 1
GENERAL PROVISIONS
Code Adoption (Reserved)
General Provisions
Code Enforcement
Supplemental Code Enforcement Procedures
General Penalty
Chapter 1.01
CODE ADOPTION
(Reserved)
3
1.04.010
Chapter 1.04
GENERAL PROVISIONS
Sections:
1.04.010
1.04.020
1.04.030
1.04.040
1.04.050
1.04.060
1.04.070
1.04.080
How code designated and cited.
Rules of construction and definitions.
Catch lines of sections.
Effect of repeal of ordinances.
Jurisdiction.
Altering code.
Officers, employees not liable to fine for failure to perform duties.
Severability of parts of code.
1.04.010 How code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated as the '''Monroe
County Code.~' (Prior code ~ 1-])
1.04.020 Rules of construction and definitions.
In the construction of this code~ the rules and definitions set out in this section shall be observed~ unless such construc-
tion would be inconsistent with the manifest intent of the board of county commissioners. The rules of construction and
definitions set out herein shall not be applied to any section of this code which shall contain any express provisions exclud-
ing such construction~ or where the subject matter or context of such section may be repugnant thereto.
Generally. All general provisions~ tenns, phrases and expressions contained in this code shall be liberally construed in
order that the true intent and meaning of the board of county commissioners may be fully carried out. Tenns used in this
code~ unless otherwise specifically provided~ shall have the meanings prescribed by the statutes of the state for the same
tenns.
In the interpretation and application of any provisions of this code~ they shall be held to be the minimuln requirements
adopted for the promotion of the public health~ safety, comfort~ convenience and general welfare. Where any provision of
this code ilnposes greater restrictions upon the subject matter than the general provision ilnposed by the code~ the provision
imposing the greater restriction or regulation shall be deemed to be controlling.
Computation ofTilne. The time within which an act is to be done shall be cOlnputed by excluding the first and including
the last day~ if the last day is a Sunday or a legal holiday~ that day shall be excluded.
County. The term I.l.county~'~ I.l.the county~~ or I."this county.~~ means the county of Monroe in the state of Florida.
I.I.County Lilnits" means the legal boundaries of Monroe County.
Delegation of Authority. Whenever a provision appears requiring the head ofa department or some other county officer
or employee to do some act or perform some duty" it is to be construed to authorize the head of the department or other offi-
cer to designate~ delegate and authorize subordinates to perform the required act or perfonn the duty unless the terms of the
provision or section specify otherwise.
Gender. Words importing the Inasculine gender includes the feminine and neuter.
Joint Authority. All words giving ajoint authority to three or more persons or officers shall be construed as giving such
authority to a majority of such persons or officers.
Keeper and Proprietor. The words I."keeper'" and "proprietor"~ mean and include persons. fmns~ associations" corporations~
clubs and copartnerships, whether acting by themselves or a servant~ agent or elnployee.
Month. The word I."month~~ Ineans a calendar Inonth.
Nontechnical and Technical Words. Words and phrases shall be construed according to the comlnon and approved usage
of the language~ but technical words and phrases and such others as may have acquired a peculiar and appropriate Ineaning
in law shall be construed and understood according to such meaning.
Number. A word importing the singular nUlnber only may extend and be applied to several persons and things as well as
to one person and thing. The use of the plural number shall be deemed to include any single person or thing.
4
1.04.030
Owner. rfhe word ~~owner," applied to a building or land, includes any part owner, joint owner, tenant in comlnon, tenant
in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building or land.
Person. rrhe word ""person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies
political and corporate as well as to individuals.
Oath. The word ""oath" includes an affinnation in all cases in which, by law, an affirmation may be substituted for an
oath, and in such cases the words ""swear" and "~sworn" shall be equivalent to the words ~~affirm" and ""affirmed."
Office, ()fficial. Whenever reference is Inade to any officer or official, the reference will be taken to be to such officer or
official of 1\10nroe County.
Ordinance. The word ""ordinance" means any ordinance of Monroe County and all amendments thereto.
Property. The word "~property" includes real and personal property.
Shall, May. The word ~"shall" is mandatory; ~"may" is pennissive.
Sidewalk. The word ""sidewalk" means any portion of a street between the curbline and the adjacent property line in-
tended for the use of pedestrians.
State. The term ~"state," ~"the state" or ~"this state" Ineans the state of Florida.
Street. The word ~"street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, viaducts and all other
public high'Nays in the county.
Tense. ~!ords used in the past or present tense include the future as well as the past or present.
Tenant or Occupant. The term "~tenant" or "~occupant," applied to a building or land, includes any person holding a writ-
ten or oralll~ase of or who occupies the whole or part of such building or land, either alone or with others.
Week. The word '''week'' shall be construed to mean seven days.
Written or In Writing. The term ~"written" or ~~in writing" shall be construed to include any representation of words, let-
ters or figures whether by printing or otherwise.
Year. The word ~~year" means a calendar year, unless a fiscal year is indicated. (Prior code S 1-2)
1.04.030 Catchlines of sections.
The catchlines of the several sections of this code printed in boldface type are intended as mere catchwords to indicate
the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor,
unless exprt:~ssly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or
reenacted. (Prior code S 1-3)
1.04.040 Effect of repeal of ordinances.
The repeal or amendment of an ordinance shall not revive any ordinances in force before or at the time the ordinance
repealed or amended took effect.
The repeal or amendment of any ordinance shall not affect any punishment or penalty incurred before the repeal took
effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordi-
nance repealed or amended. (Prior code S 1-4)
1.04.050 Jurisdiction.
A. Except as otherwise provided, the provisions of this code shall apply in, and only in, the unincorporated areas of the
county.
B. In the case ofa newly created municipality, the county ordinances in effect on the date the municipality cOlnes into
existence wi 11 remain in effect for one year from the date the municipality came into existence or until superseded by the
action of the city council or commission, whichever event occurs first. This subsection does not apply to a county ordinance
whose effecltiveness within the municipality is specifically superseded or modified by the Municipal Charter. (Prior code
S 1-5)
1.04.060 Altering code.
It is unla\vful for any person to change or amend by additions or deletions any part or portion of this code; or to insert or
delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever, which will cause the law of
the county to be misrepresented thereby. (Prior code S 1-6)
5
1.04.070
1.04.070 Officers, employees not liable to fine for failure to perform duties.
No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer
or elnployee liable for any fine or penalty provided in this code for a failure to perfonn such duty~ unless the intention of the
board of county commissioners to ilnpose such a fine or penalty is specifically and clearly expressed in the section creating
the duty. (Prior code S 1-8)
1.04.080 Severability of parts of code.
It is declared to be the intention of the board of county commissioners that the sections~ paragraphs~ sentences~ clauses
and phrases of this code are severable~ and if any phrase~ clause~ sentence~ paragraph or section of this code shall be de-
clared invalid~ unconstitutional or unenforceable by the validjudgelnent or decree ofa court ofcompetentjurisdiction~ such
invalidity~ unconstitutionality or unenforceability shall not affect any of the relnaining phrases~ clauses~ sentences~ para-
graphs and sections of this code. (Prior code S 1-9)
6
Sections:
1.08.010
1.08.020
1.08.030
1.08.040
1.08.050
1.08.060
1.08.070
1.08.080
1.08.090
1.08.100
1.08.11 0
1.08.120
1.08.130
1.08.140
1.08.150
1.08.0 10
Chapter 1.08
CODE ENFORCEMENT
Department of code enforcement-Creation.
Definitions.
Code enforcement special master-Creation-Powers and duties.
Enforcement procedure.
Conduct of hearing.
Powers of the enforcement special master.
Administrative fines-Liens.
Duration of lien.
Appeals.
Notices.
Amendments to Chapter 162, Florida Statutes.
Violation citations.
Issuance of citations by code enforcement officers.
Code enforcement by other means.
Passage of four years a bar to prosecutions.
1.08.0 10 Department of code enforcement-Creation.
There is created a department to be known as the department of code enforcement. Upon the recommendation of the
county administrator~ the board of county commissioners may assign the department to the division of county government
the board determines to be appropriate. The department shall be responsible for the enforcement of~ but not limited to~ the
following ordinances concerning: land development regulations~ waste disposals~ the comprehensive land use plan~ occupa-
tionallicenses~ fire~ building~ zoning~ and sign codes~ as well as any other ordinances of Monroe County. The county admin-
istratoc with the approval of the board of county commissioners~ shall designate a director for the department of code en-
forcement~ ~Nho shall be a full-time/permanent employee of the county and whose function it shall be to oversee and admin-
ister the opt~rations of the code enforcement department. The code enforcement director~ with the approval of the county
administrator~ shall appoint personnel for the code enforcement department and shall designate which department personnel
will be engaged in enforcement as code inspectors. The board of county commissioners shall provide clerical and adminis-
trative personnel as may be reasonably required by the code enforcelnent special master for the proper performance of its
duties~ however~ such staff shall be under the supervision and direction of the code enforcement director. (Prior code
~ 6.3-1)
1.08.020 Definitions.
As used in this chapter and chapter 1.12~ the following terms and phrases~ shall have the meanings ascribed to them in
this section~ except where the context clearly indicates a different meaning:
....Code enforcement special master" means a person hired by the board of county commissioners to adjudicate violations
of this code.
""Code inspector~~ means any authorized agent or employee of the county whose duty it is to assure code compliance.
....County attorney" means legal counsel for Monroe County.
""Repeat violation" means a violation of a code provision by a person~ who through a quasi-judicial or judicial process
has been pn:~viously found to have violated or who has admitted violating the same provision of the code within five years
prior to the violation~ notwithstanding the violations occur at different locations. (Prior code ~ 6.3-2)
1.08.030 Code enforcement special master-Creation-Powers and duties.
A. The office of code enforcement special master is created.
] . Appointment. The board of county commissioners may appoint as many code enforcement special masters as it
determines is necessary. The board of county commissioners may also enter into an interlocal agreement with a municipality
7
1.08.040
or another county to utilize the services of that jurisdiction 's code enforcement speciallnaster or to permit another jurisdic-
tion to utilize the services of the county's speciallnaster. If the board of county cOlnlnissioners elects to utilize the services
of another jurisdiction's speciallnaster through an interlocal agreelnent~ that special master shall possess the saIne powers as
if he or she had been appointed directly by the board.
2. Compensation. COlnpensation for the code enforcelnent special masters Inust be established by a resolution of the
board of county cOlnmissioners.
3. Qualifications. All persons appointed or retained through interlocal agreement as special master lnust have been
lnembers of the Florida Bar for five years and have experience in land use and local government law. Code enforcelnent
speciallnasters lnay not hold any other appointive or elective office while serving as special master except when the special
lnaster hears cases in two or lnore jurisdictions pursuant to an interlocal agreelnent.
4. Authority. The code enforcement special master is granted the powers~ duties and authority~ including the authority
to impose fines and liens and to order foreclosure of liens~ granted by statute and ordinance.
B. The county attorney shall advise and represent the code enforcelnent department.
C. The code enforcement director shall appoint a recording secretary to the code enforcement special master. The sec-
retary shall keep lninutes of all proceedings of the speciallnaster~ which minutes shall be a summary of all proceedings be-
fore the special master~ and shall be attested to by the secretary. The Ininutes shall be approved by the director of code en-
forcement. In addition~ the secretary shalllnaintain all records of the code enforcement meetings~ hearings and proceedings~
as well as correspondence and a mailing list of persons wishing to receive notices of meetings~ agendas or minutes who
have paid a fee set by the board of county cOlnmissioners to cover copying and mailing costs. (Ord. 009-2003 ~ I ~ prior
code ~ 6.3-3)
1.08.040 Enforcement procedure.
A. It shall be the duty of the director of code entorcement~ through the code inspectors~ to initiate enforcement pro-
ceedings of the various codes; however~ the code enforcement special master shall not have the power to initiate such en-
forcement proceedings.
B. Except as provided in subsections C and D of this section~ if a violation of the codes is found~ the code inspector
shall notify the violator and give him or her a reasonable time to correct the violation. Should the violation continue beyond
the time specified for correction~ the director of the code enforcement department shall notify the code enforcelnent special
master and request a hearing. The code enforcement special master through clerical staff~ shall schedule a hearing~ and writ-
ten notice of such hearing shall be hand-delivered or mailed as provided in F.S. ~ 162.12~ or Section 1.08.100 of this code~
to the violator. At the option of the code enforcelnent special master~ notice may additionally be served by publication or
posting as provided in F.S. * 162.12~ or Section 1.08.100 of this code. If the violation is corrected and then recurs~ or if the
violation is not corrected by the time specified for correction by the code inspector~ the case Inay be presented to the code
enforcement special master even if the violation has been corrected prior to the hearing~ and the notice shall so state.
C. If the code inspector has reason to believe a violation, or the condition causing the violation~ presents a serious
threat to the public health, safety and welfare~ or if the violation is irreparable or irreversible in nature, the code inspector
shall make a reasonable effort to notify the violator; and the director of code enforcement may immediately notify the code
en torcement special master and request a hearing.
D. Ifa repeat violation is found~ the code enforcement inspector shall notify the violator but is not required to give the
violator a reasonable time to correct the violation. The code enforcement inspector~ upon notifying the violator of a repeat
violation, shall notify the director of code enforcelnent and request a hearing. The code enforcelnent special master~ through
clerical staff~ shall schedule a hearing and shall provide notice pursuant to F.S. Ch. 162~ or Section 1.08.100 of the code.
The case may be presented to the code entorcelnent special master~ even if the repeat violation has been corrected prior to
the hearing~ and the notice shall so state. If the repeat violation has been corrected~ the code enforcement special master re-
tains the right to schedule a hearing to determine costs and impose the payment of reasonable enforcement fees upon the
repeat violator. The repeat violator may choose to waive his or her rights to this hearing and pay the costs as determined by
the code enforcement speciallnaster.
E. If the owner of property which is subject to an enforcement proceeding before a speciallnaster or a court transfers
ownership of the property between the time the initial pleading was served and the tilne of hearing, such owner shall:
1. Disclose~ in writing, the existence and the nature of the proceeding to the prospective transferee~
8
1.08.050
2. Deliver to the prospective transferee a copy of the pleadings, notices, and other Inaterials relating to code enforce-
Inent proceedings received by the transferor~
3. Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the
applicable code and with orders issued in the code enforcement proceeding~
4. File a notice with the director of code enforcement of the transfer of the property, with the identity and address of
the new owner and copies of the disclosure made to the new owner, within five days after the date of transfer.
A failure to make the disclosures described in subsections (E){ 1) through (3) of this section before the transfer creates a
rebuttable presumption offraud. If the property is transferred before the hearing, the proceeding shall not be dislnissed, but
the new owner shall be provided a reasonable period of time to correct the violation before the hearing is held. (Prior code
~ 6.3-4)
1.08.050 Conduct of hearing.
A. A hearing shall be held upon request of the code enforcement director, or at such other times as may be necessary.
All hearings and proceedings shall be open to the public. Code enforcement hearings shall be held at a time and place no-
ticed by the director of code enforcement.
B. Ea(:h case before the code enforcement special master shall be presented by the county attorney, or his or her desig-
nee, or by the director of code enforcement, or his or her designee, as may be determined by the county attorney. The code
enforcement special master shall proceed to hear the cases on the agenda for that day. All testimony shall be under oath and
shall be recorded. The special master shall take testimony from the code inspector, alleged violator and any other relevant
witnesses. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the
proceedings.. If Monroe County prevails in prosecuting a case before the special master, it shall be entitled to recover all
costs incurred in prosecuting the case and such costs may be included in the lien authorized under F.S. ~ 162.09(3), or Sec-
tion 1.08.070 of this code.
C. At lthe conclusion of the hearing, the code enforcement special master shall issue findings of fact based on evi-
dence of record and conclusions of law, and shall issue an order affording the proper relief consistent with powers granted
in this chapter and by applicable statutes. The order may include a notice that it must be compiled with by a specified date
and that a fine may be imposed, and under the conditions specified in F.S. ~ 162.09{ 1), or Section 1.08.070 of this code, the
costs of repairs may be included along with a fine if the order is not cOlnplied with by said date. A certified copy of such
order may be recorded in the public records of the county and shall constitute notice to any subsequent purchasers, succes-
sors in inten~st, or assigns if the violations concerns real property and the findings therein shall be binding upon the violator
and, if the vilolation concerns real property, any subsequent purchasers, successors in interest, or assigns. If an order is re-
corded in the public records pursuant to this subsection and the order is complied with by the date specified in the order, the
code enforcement special master shall issue an order acknowledging compliance that shall be recorded in the public records.
A hearing is not required to issue such an order acknowledging compliance. (Prior code S 6.3-5)
1.08.060 Powers of the enforcement special master.
The code enforcelnent special master shall have the power to:
A. Adopt rules for the conduct of hearings~
B. Subpoena alleged violators and witnesses to hearings. Subpoenas shall be served by the sheriff or others authorized
to serve process ~
C. Subpoena evidence~
D. Take testimony under oath;
E. IssUle orders having the force of law to cOlnmand whatever steps are necessary to bring a violation into compliance.
(Prior code ~~ 6.3-6)
1.08.070 Administrative fines-Liens.
A. The code enforcement special master, upon notification by the director of the department of code enforcement that
an order of the board has not been complied with by the set time or upon finding that a repeat violation has been cOlTIlnitted,
may order the violator to pay a fine not to exceed one thousand dollars ($1 ,000.00) per day per violation for a fITst violation,
up to five tbousand dollars ($5,000.00) per day per violation for a repeat violation, and up to fifteen thousand dollars
($15,000.00) per violation if the special master finds the violation to be irreparable or irreversible in nature. In addition, if
9
1.08.080
the violation is a violation described in F.S. ~ I 62.06( 4), or in Section 1.08.040(C) of this code, the speciallnaster shall,
through the director of code enforcement, notify the board of county cotntnissioners, which Inay lnake all reasonable repairs
which are required to bring the property into compliance and charge the violator with the reasonable cost of repairs along
with the fine imposed pursuant to this section. Making such repairs does not create a continuing obligation on the part of the
board of county commissioners to Inake further repairs or to maintain the property and does not create any liability against
the board of county commissioners for any damages to the property if such repairs were completed in good faith. If, after
due notice and a hearing, a code enforcelnent special master finds a violation to be irreparable or irreversible in nature, he or
she may order the violator to pay a fine as specified in this section and a hearing shall not be necessary for issuance of the
order.
B. In detennining the alnount of the fine, ifany, the code enforcelnent speciallnaster shall consider the following fac-
tors:
I. The gravity of the violation~
2. Any actions taken by the violator to correct the violation~ and
3. Any previous violations committed by the violator.
C. A certified copy of an order imposing a fine, or a fine plus repairs costs, may be recorded in the public records and
thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property
owned by the violator. Upon petition to the circuit court, such order shall be enforceable in the same manner as a court
judgment by the sheriffs of this state, including levy against the personal property of the violator but shall not be deemed to
be a court judgment except for enforcelnent purposes. A fine itnposed pursuant to this section shall continue to accrue until
the violator cOlnes into compliance or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this section,
whichever occurs first. A lien arising froln a fine imposed pursuant to this section runs in favor of the board of county
cotnmissioners, and the board lnay execute a satisfaction or release of lien entered pursuant to this section. After three
months frotn the filing of any such lien which remains unpaid, the code enforcement special master may authorize the
county attorney to foreclose on the lien or to sue to recover a money judgment for the alnount of the lien plus accrued inter-
est. No lien created pursuant to the provisions of this chapter may be foreclosed on real property which is a homestead under
Section 4, Article X of the State Constitution. (Prior code ~ 6.3-7)
1.08.080 Du ration of lien.
No lien provided under this chapter, or under F .S. Ch. 162, shall continue for a period longer than twenty (20) years after
the certified copy of an order ilnposing a fine has been recorded unless within that time an action to foreclose on the lien is
commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party is entitled to recover
all costs, including a reasonable attorney's fee, that it incurs in the foreclosure. The board of county commissioners shall be
entitled to collect all costs incurred in recording and satisfying a valid lien. The continuation of the lien effected by the COln-
mencelnent of the action shall not be good against creditors or subsequent purchasers for valuable consideration without
notice, unless a notice of lis pendens is recorded. (Prior code ~ 6.3-8)
1.08.090 Appeals.
An aggrieved party, including the board of county commissioners, may appeal a final administrative order of the code
enforcement special master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appel-
late review of the record created before the code enforcement special master. An appeal shall be filed within thirty (30) days
of the execution of the order to be appealed. (Prior code ~ 6.3-9)
1.08.100 Notices.
A. All notices required by this chapter shall be provided to the alleged violator by:
1. Certified mail, return receipt requested, provided if such notice is sent under this subdivision to the owner of the
property in question at the address listed in the tax collector's office for tax notices, and at any other address provided to the
director of code enforcement by such owner and is returned unclailned or refused, notice lnay be provided by posting as
described in subsections (C)( I) and (2) of this section, and by first class mail directed to the addresses furnished to the direc-
tor of code enforcement with a properly executed proof of mailing or affidavit confirming the first class mailing~
2. Hand delivery by the sheriff or other law enforcement officer, code inspector, or other person designated by the
board of county commissioners~
10
1.08.]]0
3. Leaving the notice at the violator~s usual place of residence with any person residing therein who is fifteen (] 5)
years of age or older and infonning such person of the contents of the notice; or
4. In lthe case of commercial premises~ leaving the notice with the manager or other person in charge.
B. In addition to providing notice as set forth in subsection A of this section~ at the option of the code enforcelnent
special master~ notice may also be served by publication as follows:
1. Such notice shall be published once during each week for four consecutive weeks (four publications being suffi-
cient) in a newspaper of general circulation in Monroe County. The newspaper shall meet such requirements as are pre-
scribed under F.S. Ch. 50~ for legal and official advertisements.
2. Proof of publication shall be made as provided in F.S. ~~ 50.04] and 50.051.
C. In Ilieu of publication as described in subsection B of this section, the notice may be posted as follows:
] . A notice Inay be posted at least ten (I 0) days prior to the hearing~ or prior to the expiration of any deadline con-
tained in th{~ notice~ in at least two locations~ one of which shall be the property upon which the violation is alleged to exist
and the otht~r which shall be at the front door of a courthouse in the county.
2. Proof of posting shall be by affidavit of the person posting the notice~ which affidavit includes a copy of the notice
posted and the date and places of its posting.
D. Notice by publication or posting may run concurrently with~ or may follow~ an attempt or attempts to provide notice
by hand dehvery or by mail as required under subsection A of this section. Evidence that an attempt has been made to hand
deliver or mail notice as provided in subsection A of this section~ together with proof of publication or posting as provided
in subsections Band C of this section shall be sufficient to show that the notice requirements of this chapter have been met~
without regard to whether or not the alleged violator actually received notice. (Prior code ~ 6.3-10)
1.08.110 Amendments to Chapter 162, Florida Statutes.
Any subsequent amendments to F .S. Ch. ] 62~ which are in any way inconsistent with Sections 1.08.010 through 1.08.090
of this chapter shall control over sections to the extent of any inconsistency. (Prior code S 6.3-11)
1.08.120 Violation citations.
A. Those Monroe County code inspectors designated by a resolution of the board of county cOlnmissioners shall~ when
appropriate~ according to the policy of the board of county commissioners~ have authority to issue citations for violations of
the Monroe County codes for disposition in county court as provided for in Chapter 76-435~ Laws of Florida.
B. All fonns required to make Chapter 76-435~ Laws ofFlorida~ operable shall be drafted by the county attorney in
consultation with the county administrator~ the state attorney and the various county court judges.
C. Nothing in this chapter shall be construed to, in any way~ amend or modify Chapter 76-435~ Laws of Florida, under
Article VIII, Section 6{ d)~ Florida Constitution. (Prior code S 6.3-12)
1.08.130 Issuance of citations by code enforcement officers.
A. Monroe County code enforcement officers~ under the direction of the code enforcement administrator~ are desig-
nated enforcement officers for the purpose of enforcing the provisions of the Monroe County Code pursuant to Chapter 76-
435~ Laws of Florida.
B. The' citations shall be unifonnly printed and prenumbered in quadruplicate and shall list by ordinance number and
section and by short~ descriptive wording the county ordinance or ordinances violated, and shall indicate the name and ad-
dress of the county court where the violation shall be tried~ the names of issuing officer and cited person, and the date of the
violation. The form of the citation shall be reviewed and approved by the clerk of the court~ the state attorney, the court ad-
Ininistrator~ the chief judge for the] 6th Judicial Circuit, and the county administrator.
C. The county administrator shall submit to the chief judge of the 16th Judicial Circuit a recolnmended fine schedule~
as adopted by resolution of the board of county commissioners~ in lieu of court appearance. (Prior code S 2-15.5)
1.08.140 Code enforcement by other means.
Nothing in this chapter shall be construed to preempt or prohibit Monroe County from enforcing its codes by any other
lawfully available means. (Prior code ~ 6.3-13)
11
1.08.150
1.08.150 Passage of four years a bar to prosecutions.
A. All prosecutions before the code enforcelnent special master shall be initiated within four years of the occurrence of
the event complained of or be forever barred. For the purpose of this section, "~initiated" means the filing of a notice ofvio-
lation, issuance of a notice to appear, or issuance of a civil citation by the code enforcement departlnent. Except, however.
that this section shall not bar the initiation of a prosecution before the code enforcelnent speciallnaster based on the unlaw-
ful construction of a structure below the base flood elevation level. Further, it will not bar prosecution of the minimum stan-
dards of use of a below base flood elevation structure as outlined in the code of Federal Regulations 44.
B. After the effective date of this section [October 18,2000], any violation of this section, the vacation rental ordi-
nance, a special vacation rental permit or pennit conditions, shall be considered a new violation. Previous vacation rental
leases or uses. or the failure to bring enforcelnent against vacation rental violations pre-dating this section shall not act as
laches or a bar to enforcement actions brought for new violations occurring after the effective date of this section.
c. Occupancy agreements for R V spaces for a period of six lTIonths or Inore in duration by an individual R V within a
particular RV park, other than in a designated storage area, shall be discontinued and shall not be entered into or renewed
after the effective date of this section. Each lease, sublease, assignlTIent or other occupancy agreelnent for R V spaces of six
months or Inore in duration in a particular R V park, other than in a designated storage area, shall be considered a new viola-
tion. Previous leases or agreement for occupancy or storage of recreation vehicles on R V spaces within a particular R V
park, other than for storage in a designated storage area, shall be discontinued and not be renewed, extended or act as laches
or bar enforcement actions brought for new violations occurring after the effective date of this section. (Prior code S 6.3-14)
12
1.12.010
Chapter 1.12
SUPPLEMENTAL CODE ENFORCEMENT PROCEDURES
Sections:
1.12.010
1.12.020
1.12.030
1.12.040
1.12.050
1.12.060
1.12.070
Legislative intent.
Code enforcement officers designated.
Violations of certain codes declared a civil infraction.
Schedule of violations and penalties.
Violations procedure.
Notice to appear.
Provisions supplemental.
1.12.010 Legislative intent.
It is the intention of the Monroe County comlnission through the adoption of this chapter to make available the supple-
mental cod~~ enforcelnent procedures ofF.S. S 162.21, for use in code enforcement by Monroe County. As used in this chap-
ter, ~~code enforcement officer" means any designated employee or agent of Monroe County whose duty it is to enforce
codes and ordinances enacted by the board of county commissioners. (Prior code S 6.3-31)
1.12.020 Code enforcement officers designated.
Monroe (~ounty code enforcement inspectors, under the direction of the code enforcelnent director, are designated code
enfOrCelTIent officers for the purposes of F.S. S 162.21, and this chapter. (Prior code ~ 6.3-32)
1.12.030 Violations of certain codes declared a civil infraction.
It is declared that the violation of a duly enacted ordinance or code of Monroe County, Florida, is a civil infraction. All
such ordinances and codes may be enforced through the citation procedure set forth in this chapter except:
A. Th(~ enforcement pursuant to F.S. SS 553.79 and 553.80, of building codes adopted pursuant to F.S. S 553.73, as
they apply ttD construction, provided that a building permit is either not required or has been issued by the county. For the
purposes of this subsection, "building codes" means only those codes adopted pursuant to F.S. S 553.73;
B. Whenever else prohibited by law. (Prior code ~ 6.3-33)
1.12.040 Schedule of violations and penalties.
AI I Momoe County codes and ordinances may be enforced through this chapter by means of a citation to county court of
Monroe County, Florida, except where prohibited by Section 1.12.030, Monroe County Code. Any person cited may contest
the citation in county court. A violation of a code or ordinance shall result in the assessment of a civil penalty of two hun-
dred dollars ($200.00) if the person who committed the civil infraction does not contest the citation. If the person cited con-
tests the citation and is adjudicated in violation, fails to pay the two hundred dollars ($200.00) civil penalty within the time
allowed, or fails to appear in court to contest the citation, judgment may be entered against the person for an amount up to
the maXimUlTI civil penalty, not to exceed five hundred dollars ($500.00). Persons receiving a citation shall either pay the
two hundred dollar ($200.00) civil penalty to the clerk of circuit court's office, or request from the clerk a county court date
to contest thc~ citation, within ten (I 0) days of receiving the citation excluding the date of the receipt. Any person who wil-
fully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the sec-
ond degree, punishable as provided in F.S. SS 775.082 or 775.083. (Prior code S 6.3-34)
1.12.050 Violations procedure.
A. A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation,
the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a duly enacted
Monroe County Code or ordinance and that the county court will hear the charge. Prior to issuing a citation, a code en-
forcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and
shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no
lTIOre than thilrty (30) days. If, upon personal investigation, a code enforcement officer finds that the person has not corrected
13
1.12.060
the violation within the time period~ a code enforcelnent officer may issue a citation to the person who has cOlnlnitted the
violation. A code enforcelnent officer does not have to provide the person with a reasonable time period to correct the viola-
tion prior to issuing a citation~ and may ilnlnediately issue a citation~ if the code enforcelnent officer has reason to believe
that the violation presents a serious threat to the public health~ safety or welfare~ or if the violation is irreparable or irre-
versible.
B. A code enforcelnent officer shall issue a citation in a fonn prescribed by resolution of the board of county cOlnmis-
sioners containing the following information:
I. The date and tilne of issuance~
2. The nalne and address of the person to wholn the citation is issued~
3. The date and tilne the civil infraction was comlnitted~
4. The facts constituting reasonable cause~
5. The nUlnber or section of the code or ordinance violated~
6. The nalne and authority of the code enforcelnent officer~
7. The procedure for the person to follow in order to pay the civil penalty or to contest the citation~
8. The applicable civil penalty if the person elects to contest the citation~
9. The applicable civil penalty if the person elects not to contest the citation~
10. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed~ or fails to appear in
court to contest the citation~ the person shall be deemed to have waived the right to contest the citation and that~ in such
case~ judglnent may be entered against the person for an amount up to the maximum civil penalty.
C. A fier issuing a citation to an alleged violator~ a code enforcement officer shall deposit the original and one copy of
the citation with the county court. A copy shall be provided to the alleged violator and a copy retained by the code enforce-
Inent officer. (Prior code ~ 6.3-35)
1.12.060 Notice to appear.
A. A code enforcement officer designated by the board of county cOInmissioners may issue a notice to appear at a
hearing conducted by a county court if the officer~ based on personal investigation~ has reasonable cause to believe that the
person has violated a code or ordinance. A "~notice to appear" means a written order issued by a code enforcement officer in
lieu of physical arrest requiring a person accused of violating the law to appear in a designated court or governmental office
at a specified date and time. If a person issued a notice to appear under this section refuses to sign such a notice~ the code
enforcement officer has no authority to arrest such a person but may call upon a law enforcement officer to witness the issu-
ance of the notice. The law enforcement officer may take enforcement lnethods that include~ but are not limited to~ those
provided for in F.S. Ch. 901.
B. Prior to issuing a notice to appear~ a code enforcement officer shall provide written notice to the person that the
person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the per-
son must correct the violation. Such time period shall be no fewer than five days and no more than thirty (30) days. It: upon
personal investigation~ a code enforcement officer finds that the person has not corrected the violation within the prescribed
time period~ a code enforcement officer may issue a notice to appear to the person who has committed the violation. A code
enforcement officer is not required to provide the person with a reasonable tilne period to correct the violation prior to issu-
ing a notice to appear and may imlnediately issue a notice to appear if a repeat violation is found~ or if the code enforcement
officer has reason to believe that the violation presents a serious threat to the public health~ safety~ or welfare or that the
violator is engaged in violations of an itinerant or transient nature~ or if the violation is irreparable or irreversible. A viola-
tion of an itinerant or transient nature is one that takes place on a particular parcel of property for a period of less than five
days which will be discontinued or will be moved to another parcel of property. (Prior code S 6.3-36)
1.12.070 Provisions supplemental.
The provisions of this chapter are an additional and supplemental means of enforcing Monroe County codes and ordi-
nances and may be used for the enforceInent of any code or ordinance~ except as provided in Section 1.12.030. Nothing con-
tained in this chapter and Chapter 1.08 shall prohibit Monroe County [rOIn enforcing its codes and ordinances by any other
means. (Prior code S 6.3-37)
14
1.16.010
Chapter 1.16
GENERAL PENALTY
Sections:
1.16.010
General penalty-Use of funds.
1.16.010 General penalty-Use of funds.
A. Whenever in this code any act is prohibited, or is made or declared to be unlawful, or an offense~ or whenever in
such code the doing of any act is required, or the failure to do any act is declared to be unlawful, where no specific penalty
is provided therefor, the violation of any such provisions of this code shall be punished by a fine of not less than fifteen dol-
lars ($15.00) nor more than five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60)
days or by both such fine and itnprisonment. Each day any violation of any provision of the code shall continue, shall con-
stitute a separate offense, unless otherwise provided.
B. Funds paid to the county from civil penalties assessed by the county court pursuant to F.S. Ch. 318, and received by
the county pursuant to F.S. S 318.21 (3)(b), may be used for funding local critninal justice training as provided in F.S.
S 938.15, when such a program has been established by an ordinance of the board of county comlnissioners, to fund a
county school guard training prograln, and for any other lawful purpose. Funds received by the county in accordance with
this subsectilon shall be disbursed upon requisition of the sheriff of Monroe County. (Ord. 022-2004 S 1 ~ prior code ~ 1-7)
15
Chapters:
2.04
2.08
2.12
2.16
2.20
2.24
2.28
2.32
2.36
2.40
2.44
2.48
2.52
2.56
2.60
2.64
2.68
2.72
Title 2
ADMINISTRATION AND PERSONNEL
County Administrator
County Commissioner Districts
Hearing Officer Division
Disq ualification of Special Masters or Hearing
Officers
Fire Marshal
Lobbying by Former Officers and Employees
Defense of Board Members
Courts
Beach and Shore Preservation Authority
Housing Finance Authority
Key West International Airport Management
Law Libraries
Public Libraries
Lost or Abandoned Property
County Vehicles
Employee Awards
Reimbursement Policy
Miscellaneous Administrative Provisions
17
2.04.0 10
Chapter 2.04
COUNTY ADMINISTRATOR
Sections:
2.04.010
County administration law adopted.
2.04.010 County administration law adopted.
A. 'The board of county commissioners expressly adopts the County Administration Law as contained in Part III of
F .S. ChapttT 125.
B. In case of a construction project or professional services that are the subject of previously executed contracts, the
county adm:inistrator is authorized without necessity of approval by the county cOtTIlnission:
I. To approve, sign and execute change orders with each change order not to exceed twenty-five thousand dollars
($25,000.00) or five percent of the original contract price, whichever is greater. Such change orders are non-culnulative: in
other words, each change order may be in the amounts described and need not be added together for the purposes of reach-
ing a maxinnuln per project or per service change order cost ceiling of twenty-five thousand dollars ($25,000.00) or five
percent of the original contract price. Provided, however, that before the county administrator Inay execute a change order
authorized by this subsection, he or she must notify the members of the county commission, at least twenty-four (24) hours
in advance, of his or her intention to execute the change order. The county administrator must provide a report at each
monthly county cOlnmission Ineeting listing the change orders approved by him or her during the prior month and the rea-
sons for those change orders~
2. To extend a projecfs substantial completion date and to waive up to twenty-five thousand dollars ($25,000.00) of
liquidated damages.
C. The county adlninistrator is authorized to sign and execute contracts not to exceed one thousand dollars ($1,000.00)
for the purchase of goods or services, to execute airport sign leases, and to sign and execute contracts providing for services
to be rendered by county personnel at Bayshore Manor.
D. The county administrator is authorized to approve and sign reimbursement requests for moving expenses of newly
employed departlnent heads, division directors, or other key personnel as designated by the adtninistrator, who reside out-
side of the county at the time of hire. The amount paid lTIay not exceed five thousand dollars ($5,000.00). This subsection is
retroactive to January 1, 1995. (Prior code * 2-1)
19
2.08.0 I 0
Chapter 2.08
COUNTY COMMISSIONER DISTRICTS
Sections:
2.08.0 I 0
Boundaries.
2.08.0 10 Boundaries.
The boundaries of the districts of the county cotntnissioners shall be fixed as provided in F.S. Ch. 124~ and as provided
by any other applicable provision of state or federal law. (Ord. 022-2004 ~ 3: prior code ~ 2-21)
20
2.12.0]0
Chapter 2.12
HEARING OFFICER DIVISION
Sections:
2.12.010
Created-Duties.
2.12.010 Created-Duties.
A. There is created within the office of the county administrator a hearing officer division. Individuals employed by
this division shall be part-time employees as that tenn is defined elsewhere in this code and entitled to all benefits accruing
to such employees. Individuals so elnployed shall be considered elnployees of the county adlninistrator and shall in no fash-
ion be considered employees of the county attorney's office. Individuals to be elnployed as hearing officers shall be hired by
the county administrator and shall be formerly seated Monroe County circuit judges or shall be persons who serve or have
served as Monroe County code enforcement special In asters or as counsel to the Monroe County land authority or to the
planning commission.
B. The elnployee's gross wage shall be one hundred fifty dollars ($150.00) per hour.
C. Tht~ employee shall have the following duties:
I. Conduct beneficial use hearings and prepare recommended orders thereof according to the terms of the Monroe
County Year 20 10 Comprehensive Plan, Policy No. ] 0 1.18.5, and beneficial use procedures adopted pursuant thereto, in-
cluding all preliminary Inatters connected therewith. Recommended orders shall be rendered according to the standards of
the Monroe County Year 20 I 0 COlnprehensive Plan, Policy No. ] 0].] 8.5, and beneficial use procedures adopted pursuant
thereto, except to the extent that the elnployee, in his or her professional judgement, believes such standards are superseded
by the laws or constitution of the state of Florida or the United States of America. Applications for beneficial use hearings
shall be assigned to the elnployee at the discretion of the county adlninistrator or his or her designee;
2. Conduct vested rights hearings and prepare recommended orders thereof according to the terms of the Monroe
County Year 20 10 Comprehensive Plan, Policies No. ] 01.] 8.], ] 0].] 8.2, ] 01.] 8.3, and] 01.18.4, including all preliminary
matters connected therewith. Recommended orders shall be rendered according to the standards of the Monroe County Year
20] 0 Comprehensive Plan, Policies No.1 0] .] 8.], 101.] 8.2, ] 0]. ] 8.3, and 10].] 8.4, except to the extent that the employee,
in his or her professional judgement, believes such standards are superseded by the laws or constitution of the state ofFlor-
ida or the United States of America. Applications for vested rights hearings shall be assigned to the employee at the discre-
tion of the county administrator or his or her designee;
3. Conduct hearings on such other matters and to perform such other tasks and duties as the county adlninistrator may
aSSIgn.
D. In the performance of the above-described duties, the employee also has the responsibility to issue subpoenas to
compel the attendance of witnesses and production of documents, and to administer oaths to witnesses appearing at any
hearings.
E. The employee shall, in his or her dealings with all county staff concerning matters that involve or may involve any
subject matter at hearings before the employee, diligently observe all relevant canons of ethics of the Florida Bar.
F. All employees of the division employed as hearing officers shall observe the restrictions on other employment con-
tained in Section 9.04.040(A).
G. In heu of the status of part-time employee, the hearing officer may elect the status of an independent contractor
hired to per~Drm vested rights and beneficial use hearings. As a contractor, the hearing officer is entitled to receive five hun-
dred dollars ($500.00) for each day hearings are conducted or scheduled unless the hearing(s) are canceled ten (10) or Inore
business days prior to the hearing date. If the hearing officer elects contractor status, he or she will not receive any of the
benefits that accrue to part or full-time county elnployees. However all other criteria pertaining to the hearing officer's con-
duct of his or her duties under this section will continue to apply to a contract hearing officer. (Prior code ~ 2-1.1 )
21
2.16.010
Chapter 2.16
DISQUALIFICATION OF SPECIAL MASTERS OR
HEARING OFFICERS
Sections:
2.16.010
2.16.020
2.16.030
2.16.040
Form of motion for disqualification-Filing-Grounds upon which motion to be based.
Criteria to be considered in ruling on motion.
When prior disputes not to be considered.
Appeals.
2.16.010 Form of motion for disqualification-Filing-Grounds upon which motion to be based.
A motion for disqualification shall be in writing and sworn to by the party signing the motion under oath. The motion
shall be filed at or before the first scheduled hearing of the case before the specialITIaster or hearing officer and shall show:
A. That the party fears that he or she will not receive a fair hearing because of the specifically described prejudice or
bias of the special master or hearing officer: or
B. That the special master or hearing officer before WhOITI the case is pending~ or some person related to the special
master or hearing officer by consanguinity or affinity within the third degree~ is a party thereto or is interested in the result
thereof.. or that the special master or hearing degree~ or that the special master or hearing officer is a material witness for or
against one of the parties to the cause. (Prior code ~ 2-1.2(a))
Editor's note-The addendunl referred to in this action is not printed herein but is on file with the original ordinance. It has been amended by Ord. No.
45-1987. ~ 1-3.
2.16.020 Criteria to be considered in ruling on motion.
Upon review of the ITIotion for disqualification~ if the specialITIaster or hearing officer determines that the motion is le-
gally insufficient~ he or she shall imlTIediately deny the motion. However~ if after reviewing the Illotion for disqualification
the special master or hearing officer finds the ITIotion to be legally sufficient~ he or she~ accepting the allegations contained
in the motion as true~ shall grant the motion for disqualification and transfer the matter to an alternate speciallnaster or hear-
ing officer if either:
A. An objective~ disinterested lay observer fully informed of the facts underlying the grounds on which disqualifica-
tion is sought would entertain a significant doubt about the speciallTIaster or hearing officer"s ilTIpartiality as it pertains to
the party: or
B. The alleged facts give rise to a well-founded appearance of impropriety. (Prior code ~ 2-1.2(b))
2.16.030 When prior disputes not to be considered.
Prior disputes or anilTIosity between the special master or hearing officer and counsel for the party seeking disqualifica-
tion shall not constitute a basis for disqualification if counsel is retained after the matter is referred to the special Illaster or
hearing officer. (Prior code ~ 2-1.2( c))
2.16.040 Appeals.
An aggrieved party may appeal an order denying a motion for disqualification to the board of county comlllissioners.
Such an appeal shall not be a hearing de novo but shall be lilnited to appellate review of the record created before the spe-
cial master or hearing officer. An appeal shall be filed within thirty (30) days of the execution of the order to be appealed.
(Prior code ~ 2-1.2(d))
22
2.20.0 10
Chapter 2.20
FIRE MARSHAL
Sections:
2.20.010
2.20.020
2.20.030
2.20.040
2.20.050
2.20.060
2.20.070
Appointment and job description.
Duty to enforce certain laws and ordinances.
Duty to investigate and make recommendations.
Duty to inspect.
Appeals.
Fire safety codes adopted.
Establishment of emergency vehicle zones on private property.
2.20.010 Appointment and job description.
A. Appointtnent of County Fire Marshal and Responsibilities. The board of county commissioners shall appoint a
county fire tnarshaL who shall be responsible for the enforcement and administration of local and state fire codes.
B. Job Description of County Fire Marshal. The job description and requirements for the position of tire marshal are
set forth as an addendum to this chapter and is incorporated herein by reference. (Prior code ~ 6.6-1)
2.20.020 Duty to enforce certain laws and ordinances.
A. It shall be the duty of the county fire marshal to enforce all laws and ordinances of the county, covering the follow-
Ing:
1. The prevention of fires;
2. The storage and use of explosives and flammables;
3. The installation and maintenance of autolnatic and other tire alann systems and fire extinguishing equipment;
4. The maintenance and regulation of fire escapes;
5. The tneans and adequacy of exits in case of fire, from factories, schools, hotels, restaurants, lounges, lodging
houses, asylulns, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work,
live or congregate., from tilne to time, for any purpose;
6. Tht~ investigation of the cause, origin and circumstances of fire;
7. Tht~ maintenance of fire cause of loss records.
B. Tht~ fire marshal is granted the authority to issue citations for violations of this chapter. (Prior code S 6.6-2)
2.20.030 Duty to investigate and make recommendations.
It shall be the duty of the county fire Inarshal to investigate and to recommend to the board of county cOlnm issioners
such additional ordinances or amendments to existing ordinances as he or she Inay deem necessary for safeguarding life and
property against fire. (Prior code S 6.6-3)
2.20.040 Duty to inspect.
A. The~ fire marshal shall inspect or cause to be inspected all buildings on a periodic basis that are two floors in eleva-
tion or more and those properties with commercial, multifamily, and hotel or motel uses, including public buildings, and
shall make such orders as Inay be necessary for the enforcelnent of the laws and ordinances governing the same and for
safeguarding of life and property from fire.
B. The fire marshal shall inspect multiple building and cOlnlnercial plans to see that the same comply with all fire pre-
vention and control provisions of the ordinances of the county and laws of the state. (Prior code ~ 6.6-4)
2.20.050 Appeals.
Determinations by the county fire marshal may be appealed to the board of county commissioners. (Editorially alnended
during 2004 codification; prior code S 6.6-5)
23
2.20.060
2.20.060 Fire safety codes adopted.
A. The National Fire Prevention Code 2000 Edition which is incorporated into this section by reference., is adopted for
use in the unincorporated areas of Monroe County., Florida., as the minilTIUln fire safety code.
B. The National Fire Protection Association (NFP A) ] 0]., Life Safety Code., 2000 edition., which is incorporated into
this section by reference., is adopted for use in the county as the Ininitnuln fire safety code. (Prior code * 6.6-6)
2.20.070 Establishment of emergency vehicle zones on private property.
A. On application of the owner or lessor of real property and payment of the fee established in accordance with
subsection (F) of this section., the county fire marshal or authorized designee shall inspect the grounds of any shopping
center., shopping Inall., parking lot or parking garage and determine whether there are areas which should be kept free of
parked Inotor vehicles in order to facilitate access to buildings by authorized elnergency vehicles as defined in F.S.
~ 316.003. When making this determination., the fire marshal or authorized designee shall consider the following factors:
1. The nUlnber of people who frequent the property~
2. The accessibility of the property by authorized elnergency vehicles~ and
3. The frequency of calls for emergency services at the property.
B. The fire marshal or authorized designee., upon determining that there are areas within a shopping center., shopping
mall., parking lot or parking garage., which should be kept free of parked vehicles in order to facilitate building access by
authorized elTIergency vehicles., shall discuss the matter with the owner or lessee of the property and., if there is no objection.,
shall permit the owner or lessee of the property to erect emergency vehicles zone signs in accordance with subsection D of
this section. Access roadways shall comply with the provisions of 1994 Standard Fire Prevention Code., Sections 602.6.1
through 602.6.5., county code and applicable state statutes.
C. The owner or lessee of a shopping center., shopping mall., parking lot or parking garage who has Inade application to
the fire Inarshal or authorized designee pursuant to subsection A of this section may withdraw the application at any time by
written notice., unless required to set aside and designate emergency vehicles zones in order to develop any real property in
accordance with land development regulations.
D. Areas in which parking is to be prohibited pursuant to this section shall be conspicuously posted with signs advis-
ing Inotorists that parking is prohibited pursuant to this section and that violators will be fined one hundred dollars
($] 00.00). The tire marshal or authorized designee Inay designate the number and size of the signs to be used.
E. All signs erected or allowed by subsection D of this section shall be installed and Inaintained by the property owner
or lessee of the property.
F. The BOCC shall., by resolution., establish a fee to pay costs of inspection of property and establishment of emer-
gency vehicles zones pursuant to this section.
G. Any person who causes a motor vehic Ie to be parked in an area in which parking is prohibited pursuant to the sec-
tion above shall be subject to a civil fine of one hundred dollars ($100.00) per occurrence. (Prior code S 6.6-8)
24
2.24.0 I 0
Chapter 2.24
LOBBYING BY FORMER OFFICERS AND EMPLOYEES
Sections:
2.24.0 I 0
2.24.020
2.24.0301
2.24.040
2.24.050
2.24.060
2.24.070
Definitions.
Lobbying regulated.
Appearance relating to procurement of goods and services.
Denial of procurement of goods, services for unauthorized use of former county officer,
employee.
County's right to terminate procurement for goods and services.
Prosecution of former officer, employee-Lobbying.
Prosecution of former officer, employee-Procurement of goods, services.
2.24.0 I 0 Definitions.
As used in this chapter:
"~Advisory body~~ means any county board~ comlnission~ committee, council or authority whose powers~jurisdiction and
authority an~ solely advisory and do not include the final determination or adjudication of any personal or property rights,
duties or obligations~ other than those relating to its internal operations. A body with land planning, zoning~ or natural re-
sources responsibilities shall not be considered an advisory body.
"~Agent" means a person acting or doing business for another.
"~Business entity~~ means any corporation, partnership~ limited partnership, proprietorship, firm, enterprise, franchise,
association, self-employed individual, or trust, whether fictitiously named or not, doing business in the state of Florida.
"~Employee~~ or "~county employee" means any person employed by the county commission, whether by contract or not,
except thost~ persons described in the following subsection.
~~ Lobbying'~ means any degree of advocating by brand name or corporate name any product or service, whether done
through indilvidual private or public personnel effort, with or without receiving, having received, or intending to receive
funds from any source of such advocation.
""Officer" or "~county officer" means those persons defined in F.S. ~ 112.3145( I )(a)~ any other appointed melnber of a
local govemlment board who is required to file a statement of financial interest by the appointing authority or the enabling
legislation, ordinance, or resolution creating the board, and any melnber of an advisory body appointed by and serving un-
der the county commission.
"~Person" Ineans a natural person. (Ord. 022-2004 ~ 4; prior code ~ 2-527)
2.24.020 Lobbying regulated.
No formE~r county officer or employee shall~ within two years following vacation of office or termination of employment,
lobby on belhalf of any other person or business entity in any formal or informal appearance before~ or with the intent to
influence, mlake any oral or written communication on behalf of any other person or business entity, to:
A. Any board, commission, authority, or advisory body of Monroe County; or
B. Any department, division, special district or bureau of Monroe County~ in connection with current or future pro-
curement of goods and/or services.
This sectiion shall not apply in the case of collective bargaining or to officers or employees in the employ of the county
on the effective date of this chapter. This section shall also not apply to any officer holding an elected office, or to an officer
holding an appointment to any board, commission, or authority~ on the effective date of this chapter except that, if such offi-
cer is elected or appointed for another term of office~ which terln comlnences after the effective date of this chapter~ then
this section shall apply. (Prior code ~ 2-528)
2.24.030 Appearance relating to procurement of goods and services.
Except as required by statute~ ordinance~ resolution, rule or custom for the proper discharge of official duty, no county
officer or elTlployee shall, if elected or appointed after the effective date of this chapter, make a formal or informal appear-
25
2.24.040
ance before~ or~ with the intent to intluence~ Inake any oral or written cOlnlnunication in connection with current or future
procurelnent of goods and/or services to:
A. Any board~ cOlnlnission~ authority ~ or advisory body of Monroe County~ or
B. Any departlnent division~ or bureau of Monroe County.
This section shall not apply in the case of collective bargaining. (Prior code ~ 2-529)
2.24.040 Denial of procurement of goods, services for unauthorized use of former county officer,
employee.
Any person or business entity who has had act on his~ her or its behalf in connection with any current or future procure-
ment of goods and/or services: (A) a fonner county officer or enlployee subject to the prohibition of Section 2.24.020~ or
(B) a county officer or employee in violation of Section 2.24.030~ shall be ineligible for the award for such goods and ser-
vices. (Prior code ~ 2-530)
2.24.050 County's right to terminate procurement for goods and services.
The county shall have the right to tenninate~ at its discretion and without any liability~ any procurement for goods and/or
services awarded to any person or business entity who has had act on his~ her or its behalf:
A. A fonner county officer or employee subject to the prohibition of Section 2.24.020~ or
B. A county officer or employee in violation of Section 2.24.030.
The county may also~ in its discretion~ deduct from the goods and/or services price~ or otherwise recover~ the full amount
of any fee~ commission~ percentage~ gift or consideration paid to the former county officer or employee or county officer or
elnployee. Each contract entered into by the county shall contain the following language:
(Person or business entity) warrants that he/it has not employed~ retained or otherwise had act on his/its behalf
any former county officer or elnployee subject to the prohibition of section 2 of Ordinance No. 10-1990 or any
county officer or employee in violation of section 3 of Ordinance No.1 0-1990. For breach or violation of this pro-
vision the county may~ in its discretion~ terminate this contract without liability and may also~ in its discretion~ de-
duct from the contract or purchase price~ or otherwise recover~ the full alnount of any fee~ commission~ percentage~
gift~ or consideration paid to the fonner county officer or elnployee or county officer or employee.
(Prior code S 2-531)
2.24.060 Prosecution of former officer, employee-Lobbying.
Any fonner county officer or elnployee who violates Section 2.24.020 shall be prosecuted in the same manner as misde-
meanors are prosecuted and~ upon conviction~ shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
ilnprisonlnent in the county jail not to exceed sixty (60) days~ or by both such fine and imprisonlnent. (Prior code ~ 2-532)
2.24.070 Prosecution of former officer., employee-Procurement of goods and services.
A. Any county officer or employee who violates Section 2.24.030 shall be prosecuted in the same manner as misde-
meanors are prosecuted and~ upon conviction~ shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
imprisonment in the county jail not to exceed sixty (60) days~ or by both such fine and imprisonment.
B. Any county officer appointed to a board~ comlnission or authority who violates Section 2.24.030 may additionally
be removed from office for cause.
C. Any county officer enumerated in F .S. S I 12.3145( I )(a)~ who is not subject to career service under Chapter 4.24 of
this code~ and Chapter 69-132 I ~ Laws of Florida~ and who violates Section 2.24.030 may also be discharged for cause.
D. Any county officer subject to career service or an employee who violates Section 2.24.030 shall have violated the
standard of employment set forth in the county~s personnel policies~ and may additionally be subject to disciplinary action
up to and including discharge.
E. A conviction in county court shall not be a condition precedent to removal from office, discharge or discipline.
(Ord. 022-2004 S 5: prior code S 2-533)
26
2.28.010
Chapter 2.28
DEFENSE OF BOARD MEMBERS
Sections:
2.28.010
Reimbursement of attorney's fees in defense of board member.
2.28.010 Reimbursement of attorney's fees in defense of board member.
A. Authorized. The board of county commissioners shall reilnburse any board member for his or her reasonable attor-
ney~s fee incurred in successfully defending any criminal and/or civil legal action brought against the board Inelnber for
any action taken by the board melnber while acting within the scope of his or her duties and responsibilities.
B. Grounds for Reimbursement. Such reimbursement shall be authorized by the board only at such tilne as it be finally
determined in the litigation that the board member (ifhe or she be still serving as such) is not civilly or criminally liable for
his or her actions taken within the scope of his or her duties and responsibilities as a county cOlnmissioner. However~ in no
event shall such reilnbursement be paid to a person under any of the following circumstances:
I. Conviction by a jury of any crime~ irrespective of whether or not adjudication of guilt is withheld by the court~
2. A plea of guilty or nolo contendere has been entered in his or her behalf, irrespective of whether or not adjudication
of guilt is withheld by the court~
3. That a court stipulation has been entered into by the person wherein he or she agrees to dispose of the civil charges
by compronlise rather than by adjudication of the merits of the issues by a court or jury.
c. Declared County Purpose. It is declared that all such expenditures when made shall be for a valid county and public
purpose within the meaning of Article VII~ Section] 0 of the Florida Constitution of 1968.
D. To Whom Paid. Reimbursement as called for under this section shall be made only to those individuals presently
serving as county commissioners of Monroe County and future members of boards of county comlnissioners of Monroe
County~ except it shall make no difference whether or not the individual receiving the reimbursement at the time ofreceiv-
ing same is or is not presently serving as a county commissioner. (Ord. 022-2004 S 6~ prior code S 2-] 0)
27
2.32.010
Chapter 2.32
COURT~
Sections:
2.32.010
2.32.020
2.32.030
2.32.040
2.32.050
2.32.060
Legal aid for civil legal services for indigent persons.
Clerk of court service charges on any circuit court proceedings and petitioners for
modification in 16th Judicial Circuit.
Additional cost for any misdemeanor where unlawful use of drugs or alcohol is involved.
Surcharge in traffic cases.
Additional court costs in criminal cases.
Teen court funding through mandatory cost to be assessed in specific cases.
2.32.010 Legal aid for civil legal services for indigent persons.
A. The board of county commissioners finds~ determines and declares that the establishlnent of a funded legal aid pro-
grain to provide civil legal services to indigent persons in the county is a necessary facility for the proper administration of
justice in civi I action in the courts of the county.
B. In addition to all other alnounts provided by law there shall be a filing fee offive dollars and fifty cents ($5.50) in
any civil action filed in the circuit court of the county and three dollars ($3.00) in the county court.
C. All funds which shall be received by the clerk of the circuit and county courts pursuant to subsection (B) of this
section shall be paid by such clerks to the board of county cOlnmissioners within ten (10) days after the end of each calendar
Iuonth~ to be administered in a fund to be known as the legal aid fund and used exclusively for the purpose of establishing~
furnishing and maintaining a program making civil legal services available to the indigent and needy general public in the
county.
D. All moneys raised and appropriated pursuant to this section shall be budgeted and expended by the board of county
comluissioners by payment made to~ or on behalfot~ a nonprofit corporation to be created and established for such purposes.
The budgeting and expenditure of such funds is declared to be a proper public and county purpose in and for the county.
E. The board of county cOlumissioners is authorized to appropriate such additional funds as it may deem necessary
from other available sources for the purpose ofestablishing and Inaintaining the legal aid program referred to in this section.
F. The legal assistance to be funded and provided pursuant to this section includes~ but is not limited to~ consultants~
advice~ litigation and representation before courts in civil Inatters~ and before federal~ state and local administrative agen-
CIes.
G. All special laws applying to and within this county~ general laws applying only to this county~ any general law
which the board of county cOlnmissioners is specifically authorized by Article VIII of the 1968 Florida Constitution to su-
persede~ nullify~ or amend~ or any part of such laws~ in contlict with any provision of this section are repealed. (Prior code
~ 2-3)
2.32.020 Clerk of court service charges on any circuit court proceedings and petitioners for modification
in 16th Judicial Circuit.
A. The clerk of the court must collect a service charge of five dollars ($5.00) on any circuit court proceeding COln-
menced in the 16th Judicial Circuit.
B. All funds derived from the imposition of the service charge set forth in subsection A of this section shall be depos-
ited in the court~ s mediation-arbitration account fund to be used to fund the circuit civil mediation services under the direc-
tion of the chief judge of the 16th Judicial Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the
office of the state Courts Administrator for deposit in the state mediation and arbitration trust fund and the remainder util-
ized to fund the circuit civil mediation services.
C. The clerk of the court must collect a service charge offorty-five dollars ($45.00) on any petition for a modification
of a final judgement of dissolution filed in the 16th Judicial Circuit.
D. All funds derived frOIU the iluposition of the service charge set forth in subsection C of this section shall be depos-
ited in the court~s family mediation account to be used to fund the family luediation services under the supervision of the
chief judge of the 16th Judicial Circuit. One dollar ($1.00) of each charge collected shall be forwarded to the office of the
28
2.32.030
state Courts Administrator for deposit in the state mediation and arbitration trust fund and the relnainder to be utilized to
fund family mediation services. (Prior code S 2-3.1)
2.32.030 Additional cost for any misdemeanor where unlawful use of drugs or alcohol is involved.
A. This section is adopted under the authority of F.S. ~ 939.017.
B. When any person., on or after August l., 1997., is found guilty of any misdemeanor under the laws of Florida in
which the unlawful use of drugs or alcohol is involved., there is imposed an additional cost in the case., in addition to any
other cost n~quired to be ilnposed by law., in the sum offifteen dollars ($15.00). Under no condition may the county be held
liable for the paytnent of the sum.
C. Thle clerk of the court must collect the fifteen dollars ($15.00) and forward fourteen dollars ($14.00) thereof to the
board of county cOlnmissioners to be deposited to the credit of the Monroe County alcoholic and other drug abuse trust fund
for allocation to local substance abuse programs under F.S. S 893.165. The clerk will retain the remaining one dollar ($1.00)
of each fiftt~en dollars ($15.00) collected as a service charge of the clerk~s office. (Prior code S 13-13)
2.32.040 Surcharge in traffic cases.
A. Pursuant to F.S. S 318.18( 13)., every person who pays a fine or civil penalty for any violation ofa non-critninal traf-
fic infraction., as defined in F.S. S 318.14( I)., and every person who pleads guilty or nolo contendere to or is convicted~ re-
gardless of adjudication., of a criminal violation listed in F.S. S 318.17., shall be assessed a surcharge of fifteen dollars
($15.00). A non-crilninal infraction is defined in F.S. S 3I8.14( I).
B. The court shall order payment of this additional court costs in all matters subject to this section and clerk of the
court shall add this surcharge to all paYlnents offines or civil penalties for any violation ofa non-crilninal traffic infraction.
C. The funds collected pursuant to this section shall be used to fund state court facilities. Funds collected pursuant to
this section shall be expended in accordance with the direction of the board of county commissioners. (Ord. 017-2004 S 2)
2.32.050 Additional court costs in criminal cases.
A. Pursuant to F.S. S 939.185., an additional court cost of sixty-five dollars ($65.00) shall be imposed by the court
when a person pleads guilty or nolo contendere to., or is found guilty of., any felony., misdemeanor., or criminal traffic offense
under Florida laws.
B. Funds received froln this additional court cost shall be distributed as follows:
1. Twenty-five (25) percent of the amount collected shall be allocated to supplement state funding for the elements of
the state courts system in Monroe County as identified in F.S. S 29.004., and county funding for local requirelnents under
F.S. S 29.008(2)(a)2.
2. Twenty-five (25) percent shall be allocated to fund legal aid programs in Monroe County consistent with F.S.
S 29.008(3).
3. Twenty-five (25) percent shall be allocated to fund personnel and legal materials for the public as part of law librar-
ies., whether as separate libraries or as part of the Monroe County public library systeln.
4. Twenty-five (25) percent shall be allocated to fund teen court progralns and other juvenile alternative progralTIS in
Monroe County as determined by the Board of county commissioners.
C. Tht~ court shall order payment of these additional court costs in alllnatters subject to this section., but may defer
payment if the person against whom the cost is imposed is indigent.
D. At the end of each county fiscal year during which such additional court costs are collected., any surplus is required
to be reallocated and transferred for use to fund innovations to supplement funding for the state court system in Monroe
County under subsection (A)( I) of this section. (Ord. 016-2004 S 2)
2.32.060 Teen court funding through mandatory cost to be assessed in specific cases.
A. Pursuant to the authority granted to the county by F.S. S 938.19., a sum of three dollars shall be assessed as a cost by
both the circuit and the county court in the county against every person who pleads guilty or nolo contendere to, or is con-
victed of, regardless ofadjudication., a violation ofa state critninal statute or a municipal ordinance or a county ordinance or
who pays a tine or civil penalty for any violation of F.S. Ch. 316.
B. Any person whose adjudication is withheld pursuant to the provisions ofF.S. S 318.14(9) or (10), shall be assessed
such cost.
29
2.32.060
c. The three-dollar assessment for court costs shall be assessed in addition to any tine., civil penalty, or other court cost
and shall not be deducted froln the proceeds from that portion of any fine or civil penalty which is received by a Inunicipal-
ity in the county or by the county (in accordance with F.S. S~ 316.660 and 318.21).
D. The three-dollar assessment shall be specifically added to any civil penalty paid for a violation of F.S. Ch. 316_
whether such penalty is paid by Inail, paid in person without request ofa hearing, or paid after hearing and determination by
the court.
E. The three-dollar assesslnent shall not be made against a person for a violation of any state statutes., county ordi-
nance., or municipal ordinance relating to the parking of vehicles., with the exception of a violation of the handicapped park-
ing laws.
F. The clerk of the circuit court shall collect the respective three dollar assessments for court costs and shall relnit the
same to the sheriff of Monroe County., monthly for the operation and adlninistration of teen court., less five percent, \vhich is
to be retained as fee income of the office of the clerk of the circuit court. (Prior code ~ 13-14)
30
2.36.010
Chapter 2.36
BEACH AND SHORE PRESERVATION AUTHORITY
Sections:
2.36.0 10
2.36.020
2.36.030
Created.
Members.
Duties, responsibilities.
2.36.010 Created.
Pursuant to section F.S. ~ 161.25~ there is created a beach and shore preservation authority to carry out the beach and
shore preservation program. (Prior code ~ 4-16)
2.36.020 Members.
The bea(~h and shore preservation authority shall consist of the board of county commissioners for Monroe County~ Flor-
ida. (Prior code ~ 4-1 7)
2.36.030 Duties, responsibilities.
The beach and shore preservation authority shall have the following duties and responsibilities:
A. Hire personnel as needed to carry out the beach and shore preservation program~
B. Establish beach and shore districts~
C. To make contracts and enter into agreelnents~
D. To sue and be sued~
E. To acquire and hold lands and property by any lawful means~
F . To exercise the power of eminent domain~
G. To enter upon private property for purposes of making surveys~ soundings~ drillings and examinations~ and such
entry shall not be deemed a trespass~
H. To construct~ acquire~ operate and maintain works and facilities~ and
I. To make rules and regulations. (Prior code ~ 4-18)
31
2.40.010
Chapter 2.40
HOUSING FINANCE AUTHORITY
Sections:
2.40.0 I 0
2.40.020
2.40.030
Findings of fact.
Created.
Subject to board of county commissioners.
2.40.0 10 Findings of fact.
It is found and declared that there is a shortage of housing and capital for investment in housing within this county and
that there is a need for a housing finance authority in this county to alleviate and remedy these housing and investlnent capi-
tal shortages. (Prior code S 2-267)
2.40.020 Created.
There is created a separate public body corporate and politic to be known as the housing finance authority of Monroe
County~ Florida~ which shall carry out only the powers granted in the Florida Housing Finance Authority Law. (Prior code
~ 2-268)
2.40.030 Subject to board of county commissioners.
The housing finance authority shall not transact any business or exercise any powers under the Florida Housing Finance
Authority Law until the board of county cOlnmissioners passes a resolution declaring the need for such housing finance au-
thority to function to alleviate a shortage of housing and capital for investlnent in housing in the county. (Prior code
~ 2-269)
"''')
.)....
2.44.0 I 0
Chapter 2.44
KEY WEST INTERNATIONAL AIRPORT MANAGEMENT
Sections:
2.44.0101
2.44.0201
2.44.0301
Management, government and use.
Penalties.
Enforcement.
2.44.010 Management, government and use.
The management and use of property and facilities at the Key West International Airport for airport purposes and related
purposes ancillary thereto shall be governed by the Monroe County Code and all duly enacted resolutions and ordinances
which prese~ntly exist or which may be adopted in the future by the board of county commissioners, to the extent not pre-
empted by or inconsistent with state or federal law. (Prior code ~ 2-12( 1 ))
2.44.020 Penalties.
Penalties for the violation of this chapter or for violation of any provisions of the Monroe County Code or of any resolu-
tion or ordinance of the Monroe County board of county commissioners made applicable to the property and facilities at the
Key West International Airport shall be the same as the penalties established by the Monroe County Code, by the particular
resolution or ordinance enacted by the county, or by state law. (Prior code S 2-12(2))
2.44.030 Enforcement.
Enforcernent of the penalties imposed by this chapter by the Monroe County Code, by any resolution or ordinance of the
Monroe County board of county cOlnmissioners, or by state law, shall be in the same manner in which penalties prescribed
by the Monroe County Code or by resolutions or ordinances of the board of county commissioners are enforced. (Prior code
S 2-12(3))
33
2.48.0 10
Chapter 2.48
LAW LIBRARIES
Sections:
2.48.010
2.48.020
2.48.030
2.48.040
2.48.050
2.48.060
2.48.070
2.48.080
Declaration of need.
Established.
Fund.
Commissioners to provide space.
Board.
Librarian.
Purchase of books, property.
Effect on preceding libraries.
2.48.010 Declaration of need.
It is declared that the proper adlninistration of justice and of the courts Inake it desirable that there be available to the
judges and the officers of the several courts of the county and to the county officials and residents thereof~ adequate law
libraries in the courthouse and branch courthouses of the county and that establishment of such law libraries is a public need
and for general purposes. (Prior code ~ 10-20)
2.48.020 Established.
There is established in the county law libraries. The board of county cOlnmissioners and other officers of such county
charged with the purchasing and spending of the public funds shall maintain such libraries under the direction of the law
library board created by Chapter 4.20 to be located in the county courthouse and branch courthouses of the county for the
use of the judges and the officers of the several courts of the county and of the county officials and residents desiring access
thereto~ which libraries shall operate under such rules and regulations as the law library board shall prescribe and all debts
against such county for the creation and conduct of the law libraries shall be paid solely from the fund created by this chap-
ter. (Prior code ~ 10-21)
2.48.030 Fund.
A. There shall be taxed and collected by the clerk of the circuit court the sum of fifteen dollars ($15.00):
I. In each civil case in law cOlnlnenced in the general civil division of the circuit court~
2. In each civil case in law cOlnlnenced in the county court~ and
3. In each case comlnenced in the probate division of the circuit court wherein there is a fee charged pursuant to F. S.
S 28.240 I (1)( c) or (d)~ it is the intent of this provision that this tax shall not be collected for guardianships~ small estates~
administrations unnecessary~ and judicial ascertainment of heirs.
B. All such sums so collected shall be set apart by the clerk into a special fund to be known as the law libraries fund to
be used exclusively for the purpose and maintenance of such libraries. (Prior code ~ 10-22)
2.48.040 Commissioners to provide space.
The board of county commissioners shall provide for adequate quarters within which to house the law libraries estab-
lished pursuant to this chapter. (Prior code ~ 10-23)
2.48.050 Board.
The chairperson of the board of county cOlnmissioners~ the judges of the county court and circuit court of the county~ and
the president or presidents of any local bar association or associations in the county shall constitute the law library board.
(Prior code S 10-24)
34
2.48.060
2.48.060 Librarian.
Until such tilne as the law library board Inay deeln it expedient to elnploy a full-tilne librarian~ the law library board may
employ a part-tilne librarian or may delegate the duties to such other court personnel as determined by the board. (Prior
code S 10-25)
2.48.070 Purchase of books, property.
The law library board is authorized and directed to purchase~ sell~ rent or exchange such books and other property as Inay
be necessary for the use of the law libraries established by this chapter. (Prior code S 10-26)
2.48.080 Effect on preceding libraries.
The law libraries created by this chapter shall succeed the present law library established in Monroe County ~ Florida~
which was cTeated by Chapter 28.625~ Laws ofFlorida~ 1953., and Chapter 61-2491 ~ Laws ofFlorida~ 1961 ~ and is declared
to be the o~/ner of all its property and subject to all outstanding obligations which it assulnes. (Prior code S 10-27)
35
2.52.010
Chapter 2.52
PUBLIC LIBRARIES
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
Declaration of purpose.
Rules of conduct.
Violations.
Rules of conduct displayed.
Areas affected.
2.52.010 Declaration of purpose.
Each branch of the county public library is declared to be a liInited public forum that Inust be Inanaged to foster a quiet
and orderly atlnosphere conducive to every I ibrary patron ~ s constitutionally protected interest in receiving and reading writ-
ten communications. (Prior code ~ 10-51)
2.52.020 Rules of cond uct.
In order to best protect the constitutional rights described in Section 2.52.0 1 O~ the following rules of conduct for library
patrons arc adopted for all county public libraries:
A. Library patrons must be engaged in activities associated with the use of a public library while in the building. Li-
brary patrons not engaged in reading~ studying~ using the library materials~ or attending scheduled on-site programs~ must
leave the building.
B. Library patrons may not be intoxicated while in the building.
C. Library patrons may not solicit Inoney or other valuable consideration from other persons while in the building.
D. The library restrooms are only for the temporary convenience of library patrons. Library patrons may not use the
restrooms for shaving~ washing clothes or bathing.
E. Library patrons must respect the constitutional rights of others as described in Section 2.52.010 and must not harass
or annoy others through noisy or boisterous activities~ by staring at another person \vith the intent to annoy that person~ by
following another person about the building with the intent to annoy that person~ by playing Walklnan or other audio
equipment so that others can hear it~ by singing or talking to others or talking in monologues~ or by behaving in a lnanner
that reasonably can be expected to disturb other library patrons.
F. Library patrons must not interfere with the use of the library by other patrons or interfere with library staff in the
performance of their duties.
G. Library patrons may not enter the building without a shirt or other covering of their upper bodies or without shoes
or footwear. Library patrons whose bodily hygiene is offensive so as to constitute a nuisance to other persons must leave the
building. (Prior code ~ 10-52)
2.52.030 Violations.
A library patron who violates the library rules of conduct described in Section 2.52.020 must be informed of the violation
and asked to leave the building by the library supervisor on duty at the time of the violation. A violator who refuses to leave
the building after being so requested commits the offense of trespass in a structure as set forth in F.S. ~ 81 0.08~ and the li-
brary supervisor lnust then contact the appropriate police department or the county sheriff s department for assistance.
(Prior code ~ 10-53)
2.52.040 Rules of conduct displayed.
Copies of the library rules set forth in Section 2.52.020~ in both English and Spanish~ must be prominently displayed at
the public entrance to each library building. (Prior code ~ 10-54)
2.52.050 Areas affected.
As authorized by Article 8~ Section 1, Florida Constitution (1968)~ this chapter is effective at county library locations in
the unincorporated area of the county and within the Inunicipalities. (Prior code ~ 10-55)
36
2.56.010
Chapter 2.56
LOST OR ABANDONED PROPERTY
Sections:
2.56.010
2.56.020
Definitions.
Proced u res.
2.56.010 Definitions.
As used in this chapter:
1010 Abandoned property" Ineans all tangible personal property which does not have an identifiable owner and which has
been disposed on public property in a wrecked~ inoperative~ or partially dismantled condition or which has no apparent in-
trinsic value to the rightful owner. However~ vessels determined to be derelict by the department of natural resources~ in
accordance with the provisions of F.S. S 823.11 ~ shall not be included in this definition.
Io~Agency~~ means the Monroe County sheriffs office and Monroe County~ a political subdivision of the state of Florida.
"Enforc(~lnent officer" means any person who is elected~ appointed or employed full-time by the Monroe County sher-
iffs office ,,,,ho is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention
and detection of crime or the enforcement of the penat criminat traffic or highway laws of the state~ including all certified
supervisory and command personnel whose duties include~ in whole or in part~ the supervision~ training~ guidance and man-
agement responsibilities offull-time law enforcement officers and auxiliary law enforcement officers. The term also means
any Monro(~ county code enforcement officers and Monroe County municipal service district hazardous waste inspectors.
"Lost property" means all tangible personal property which does not have an identifiable owner and which has been mis-
laid on public property~ upon a public conveyance~ on premises used at the time for business purposes~ or in parks~ places of
amusement public recreation areas~ or other places open to the public in a substantially operable~ functioning condition or
which has an apparent intrinsic value to the rightful owner.
Io'Public property~~ means lands and improvements owned by the federal govemment~ the state~ the county or a municipal-
ity~ and includes sovereignty submerged lands located adjacent to the county or municipality~ buildings~ grounds~ parks~
playgrounds~ streets~ sidewalks~ parkways~ rights-of-way~ and other similar property. (Prior code S 2-15.2(a))
2.56.020 Procedures.
A. Whenever an enforcement officer ascertains that an article of lost or abandoned property is present on public prop-
erty and is of such nature that it can be easily removed~ the officer shall take such article into custody and shall make a rea-
sonable attelnpt to ascertain the rightful owner or lien holder pursuant to the provisions of this chapter.
B. Whenever an enforcement officer ascertains that an article of lost or abandoned property is present on public prop-
erty and is of such nature that it cannot be easily removed~ the officer shall cause a notice to be placed upon such article in
substantially the following form:
NC)TICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This
property~ to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief
description of location) and must be removed within 5 days; otherwise~ it will be removed and disposed ofpursu-
ant to this chapter. The owner will be liable for the costs ofrelnoval~ storage~ and publication of notice. Dated this:
(setting forth the date of posting of notice )~ signed: (setting forth name~ title~ address~ and telephone number of the
enforcelnent officer).
Such notice shall be not less than eight inches by ten (I 0) inches and shall be sufficiently weatherproof to withstand
normal exposure to the elements. In addition to posting~ the enforcement officer shall make a reasonable effort to ascertain
the name and address of the owner. If such is reasonably available to the officer~ he or she shall mail a copy of such notice
to the owner on or before the date of posting. If the property is a motor vehicle as defined in F.S. S 320.01 (1)~ or a vessel as
defined in F.S. S 327.02(37)~ the enforcement agency involved shall contact the Department of Highway Safety and Motor
Vehicles or the Florida Fish and Wildlife Commission respectively~ in order to determine the name and address of the
owner and any person who has filed a lien on the vehicle or vessel as provided in F.S. S 319.27(2) or (3)~ or F.S.
37
2.56.020
~ 328.15( I). On receipt of this infonnation, the enforcelnent agency shalllnail a copy of the notice by certified lnail, return
receipt requested, to the owner and to the lienholder, if any. If~ at the end of five days after posting the notice and mailing
such notice, ifrequired, the owner or any person interested in the lost or abandoned article or articles described has not re-
moved the article or articles froln public property or shown reasonable cause for failure to do so, the following shall apply:
I. For abandoned property, the enforcen1ent agency may retain any or all of the property for its own use or for use by
the state or unit of local governlnent, trade such property to another unit of local government or state agency, donate the
property to a charitable organization, sell the property, or notify the appropriate refuse removal service.
2. For lost property, the officer shall take custody and the agency shall retain the property for ninety (90) days and
publish notice of the agency's intended disposition of the property.
a. If the agency elects to retain the property for use by the unit of governlnent, donate the property to a charitable or-
ganization, surrender such property to the finder, sell the property, or trade the property to another unit of local government
or state agency, notice of such election shall be given by an advertisement published once a week for two consecutive weeks
in a newspaper of general circulation in the county.
b. If the agency elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and
place of the sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a news-
paper of general circulation in the county. The notice includes a statement that the sale shall be subject to any and all liens.
The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The adver-
tisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than
ten (10) days after the final publication.
C. If the property is sold at public sale pursuant to subsection (B)(2)(b) of this section, the agency shall deduct from
the proceeds the costs of transportation, storage and publication of notice, and any balance of proceeds shall be deposited
into an interest-bearing account not later than thirty (30) days after the date of the sale and held there for one year. The
agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the prop-
erty may claim the balance of the proceeds within one year froln the date of the above-stated deposit by making application
to the agency. Ifno rightful owner comes forward with a claim to the property within the designated year, the balance of the
proceeds shall be placed in the county's general fund.
D. The owner of any abandoned or lost property who, after notice as provided in this chapter, does not remove such
property within the specified period shall be liable to the enforcement agency for all costs of relnoval, storage and destruc-
tion of such property, less any salvage value obtained by disposal of the property. Upon fmal disposition of the property, the
enforcement officer shall notify the owner, if known, of the alnount owed.
E. The rightful owner shall be liable for the enforcement agency's costs for transportation and storage of lost or aban-
doned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not
pay such costs within thirty (30) days of making claim to the property, title to the property shall vest in the enforcelnent
agency. (Ord. 022-2004 S 8~ prior code S 2-15.2(b))
38
2.60.010
Chapter 2.60
COUNTY VEHICLES
Sections:
2.60.010
2.60.020
2.60.030
2.60.040
Automobile to be furnished clerk of circuit court.
Minimum vehicle liability insurance Iimits-County-owned vehicles.
Minimum vehicle liability insurance limits-Vehicles owned by sheriff's department.
Automobile allowance for supervisor of elections.
2.60.010 Automobile to be furnished clerk of circuit court.
The board of county commissioners is authorized to furnish an automobile to the clerk of the circuit court of the 16th
Judicial Circuit as ex officio clerk of the board of county commissioners in lieu of the automobile allowance provided for in
Chapter 65..) 054, as ratified by Chapter 65-1064, Laws of Florida. (Prior code S 2-2)
2.60.020 Minimum vehicle liability insurance limits-County-owned vehicles.
The minimUlTI liability insurance on county-owned fire trucks, ambulances, and any other emergency vehicles owned by
the county shall be as follows:
A. Fifty thousand dollars ($50,000.00) per person for bodily injury liability~
B. One hundred thousand dollars ($100,000.00) per occurrence for bodily injury liability~
C. One hundred thousand dollars ($100,000.00) per occurrence for property damage liability. (Prior code ~ 2-4)
2.60.030 Minimum vehicle liability insurance limits-Vehicles owned by sheriff's department.
The board of county commissioners does require that the sheriff Inaintain insurance against legal liability for the death,
injury or disability of any person arising from or in connection with the operation of any motor vehicle owned, leased, or
operated by the sheriff or any of his or her employees, to the extent of one hundred thousand dollars ($100,000.00) bodily
injury liability per person~ three hundred thousand dollars ($300,000.00) bodily injury liability per occurrence~ fifty thou-
sand dollars ($50,000.00) property damage liability per accident. (Prior code S 2-5)
2.60.040 Automobile allowance for supervisor of elections.
The supt~rvisor of elections of Monroe County, Florida, shall receive a monthly allowance in the sum of one hundred
fifty dollars ($150.00) for the use of his or her privately owned automobile in the performance of his or her duties in his or
her official capacity~ such allowance shall be in lieu of any mileage allowance provided by law for the use of a privately
owned vehicle and shall be allowed as an expense in the operation of his or her office as supervisor of elections. (Prior code
~ 2-11)
39
2.64.010
Chapter 2.64
EMPLOYEE AWARDS
Sections:
2.64.010
Use of county funds for employee awards.
2.64.010 Use of county funds for employee awards.
A. Authorized. The board of county cOlnmissioners may provide for expenditure of county funds for elnployee awards~
elnployee awards ceremonies and functions~ and other events relating to the recognition of county purpose in the common
interest of the employees and citizens of the county.
B. Previous A wards Confirmed. A wards granted to employees and any expenses incurred for such purposes before the
effective date of this section are confirmed and ratified. (Prior code ~ 2-8)
40
Sections:
2.68.010
2.68.020
2.68.030
2.68.040
2.68.050
2.68.060
2.68.070
2.68.080
2.68.090
2.68.100
2.68.110
2.68.120
2.68.010
Chapter 2.68
REIMBURSEMENT POLICY
Definitions.
Authority to incur travel expenses.
Official headquarters location.
Computation of travel time for reimbursement.
Rates of per diem and subsistence allowance.
Transportation.
Other expenses.
Rules.
Fraudulent claims.
Travel voucher forms.
Advancements.
Direct payment of expenses by agency.
2.68.010 Definitions.
For the purposes of this chapter, the following words shall have the meanings indicated:
"I.Agency" or ~'public agency" means Monroe County, Florida.
I.I.Agency head" or "head of the agency" means the county administrator.
"'Authorized person" means:
1. A person other than a public officer or employee as defined herein who is authorized by the agency head to incur
travel expenses in the performance of official duties~
2. A person who is called upon by the county, pursuant to a written agreement, to contribute time and services as con-
sultant or adviser~
3. A person who is a candidate for an executive or professional position, which position is identified as such by
county policy.
"'Class A travel" means continuous travel of twenty-four (24) hours or more away from official headquarters.
"'Class B travel" means continuous travel of less than twenty-four (24) hours which involves overnight absence from
official headquarters.
"'Class C travel" means travel for short or day trips where the traveler is not away from his or her official headquarters
overnight.
..I.Common carrier" means a train, bus, commercial airline operating scheduled flights, or rental cars of an established
renta I car finn.
"'County officer" or "public officer" means a county comlnissioner.
"'ElnploYI~e" or "'public employee" means an individual, whether comlnissioned or not, other than an officer or authorized
person as defined herein, who is filling a regular or full-time authorized position and is responsible to the county administra-
tor. The tem1 shall also include the county attorney and any assistant county attorney.
"Foreign travel" means travel outside the United States.
"'Official headquarters" means the building or site in which the public officer or elnployee performs his or her job duties
or in which he or she has been assigned an office or work space.
I.I.Traveler" means a public officer, public employee, or authorized person, when performing authorized travel.
....Travel expense," "'traveling expenses," Io'necessary expenses while traveling," ~'actual expenses while traveling," or
words of sinlilar nature means the usual ordinary and incidental expenditures necessarily incurred by a traveler.
Io'Travel day" means a period of twenty-four (24) hours consisting of four quarters of six hours each.
I.'Travel period" means a period of time between the time of departure and time of return. (Prior code ~ 2-604)
41
2.68.020
2.68.020 Authority to incur travel expenses.
A. All travel must be authorized and approved by the county administrator" or his or her designated representative.
B. Travel expenses of travelers shall be limited to those expenses necessarily incurred by them in the perfonnance ofa
public purpose authorized by law to be performed by the county and must be within the limitations prescribed by this chap-
ter.
C. Travel by public officers or elnployees serving telnporarily in behalf of another agency or partly in behalf of In ore
than one agency at the same titne't or authorized persons who are called upon to contribute time and services as consultants
or advisers't may be authorized by the county administrator.
D. Travel expenses of public elnployees for the sole purpose of taking merit system or other job placelnent exalnina-
tions't written or oral" shall not be allowed under any circulnstances" except that upon prior written approval of the county
adlninistrator or the board of county cOlnlnissioners candidates for executive or professional positions may be allowed travel
expenses pursuant to this section.
E. The county administrator't or a designated representative, lnay pay by advancement or reimbursement" or a cOlnbi-
nation thereof" the costs of per dieln of travelers and authorized persons for foreign travel at the current rates as specified in
the federal publication Standardized Regulations (Government Civilians" Foreign Areas) and incidental expenses as pro-
vided in this section.
F. A traveler who becomes sick or injured while away from his or her official headquarters and is therefore unable to
perform the official business of the county may continue to receive subsistence as provided in Section 2.68.050 during this
period of illness or injury until such titne as he or she is able to perform the official business of the county or returns to his
or her official headquarters't whichever is earlier. Such subsistence may be paid when approved by the county administrator
or his or her designee. (Prior code ~ 2-605)
2.68.030 Official headquarters location.
The official headquarters location of an officer or employee assigned to an office shall be the geographical area in which
the office is located. For purposes of this chapter" geographical area means either the Lower Keys" the Middle Keys" or the
Upper Keys. (Prior code ~ 2-606)
2.68.040 Computation of travel time for reimbursement.
For purposes ofreilnburselnent and methods of calculating fractional days of travel:
A. The travel day for Class A travel shall be a calendar day (midnight to midnight). The travel day for Class B travel
shall begin at the same time as the travel period. For Class A and Class B travel, the traveler shall be reimbursed one-fourth
of the authorized rate of per dieln for each quarter" or fraction thereof" of the travel day included within the travel period.
Class A and Class B travel includes any assignment on official business outside of regular office hours and away from offi-
cial headquarters when it is considered reasonable and necessary to stay overnight and for which travel expenses are ap-
proved.
B. A traveler shall not be reitnbursed on a per diem basis for Class C travel" but shall receive subsistence as provided
in this section" which allowance for meals shall be based on the following schedule:
1. Breakfast: when travel begins before six a.m. and extends beyond eight a.m.~
2. Lunch: when travel begins before twelve noon (12:00) and extends beyond two p.m.~
3. Dinner: when travel begins before six p.m. and extends beyond eight p.m., or when travel occurs during nighttilne
hours due to special assignlnent.
C. No allowance shall be made for meals when travel is confined to the geographical area of the official headquarters"
except travelers will be entitled to the appropriate Ineal allowance as follows:
I. If the official headquarters location of the traveler is in the Lower Keys" and the traveler goes beyond the flashing
traffic signal on Sugarloaf Key (approximately Mile Marker] 7):
2. If the official headquarters location of the traveler is in the Middle Keys, and the traveler goes beyond the south end
of the Spanish Harbor Bridge, or the traveler goes beyond the north end of the Long Key Bridge~
3. If the official headquarters location of the traveler is in the Upper Keys, and the traveler goes beyond Mile Marker
76 on Lower Matecumbe Key" or the traveler goes beyond the south city limits of Florida City in Dade County. (Prior code
~ 2-607)
42
2.68.050
2.68.050 Rates of per diem and subsistence allowance.
For purposes of reimbursement rates and methods of calculation, per diem and subsistence allowances are divided into
the following groups and rates:
A. All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within
or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct
and lawful public purpose with relation to the public agency served by the person attending such lneeting or conducting
such business, either of the following for each day of such travel at the option of the traveler:
1. One hundred dollars ($100.00) per diem; or
2. If actual expenses exceed one hundred dollars ($100.00), the alnounts permitted in subsection B of this section for
meals, plus actual expenses for lodging at a single-occupancy rate to be substantiated by paid bi lls therefor.
When lodging or meals are provided at a state institution, the traveler shall be reimbursed only for the actual expenses of
such lodging or meals, not to exceed the maxilnum provided for in this subsection.
B. All travelers shall be allowed the following amounts for subsistence while on Class C travel on official business as
provided in Section 2.68.040(B):
1. Breakfast $6.50
2. Lunch $13.50
3. Dinner $27.00
C. No one, whether traveling out of state or in state, shall be reimbursed for any meal or lodging included in a conven-
tion or confi~rence registration fee paid by the state. (Prior code ~ 2-608)
2.68.060 Transportation.
A. All travel must be by a usually traveled route. In case a person travels by an indirect route for his or her own con-
venience, any extra costs shall be borne by the traveler; and reimburselnent for expenses shall be based only on such
charges as \\'ould have been incurred by a usually traveled route. The county administrator or his or her designee shall des-
ignate the most economical method of travel for each trip, keeping in mind the following conditions:
1. The' nature of the business~
2. The most efficient and economical lneans of travel (considering tilne of the traveler, ilnpact on the productivity of
the traveler, cost of transportation, and per diem or subsistence required). When it is more efficient and economical to either
the traveler or the agency head, jet service offered by any airline, whether on state contract or not, may be used when the
cost is within an approved threshold determined by the county adlninistrator or his or her designee;
3. The number of persons making the trip and the amount of equipment or material to be transported.
B. Transportation by COlnmon carrier when traveling on official business and paid for personally by the traveler, shall
be substantiated by a receipt therefor. Federal tax shall not be reimbursable to the traveler unless the state and other public
agencies are also required by federal law to pay such tax. In the event transportation other than the most economical class as
approved by the county administrator is provided by a COlnmon carrier on a flight check or credit card, the charges in excess
of the lnost economical class shall be refunded by the traveler to the county.
C. The use of privately owned vehicles for official travel in lieu of publicly owned vehicles or common carriers may
be authorized by the county administrator or his or her designee. Whenever travel is by privately owned vehicle, the traveler
shall be entitled to a mileage allowance at a fixed rate of forty cents ($0.40) per mile or the comlnon carrier fare for such
travel, as determined by the county administrator. Reilnbursement for expenditures related to the operation, maintenance,
and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business and reilnburse-
ment is made pursuant to this paragraph, except as provided in Section 2.68.070.
D. All Jmileage shall be shown from point of origin to point of destination and, when possible, shall be computed on
the basis oftlhe current map of the departlnent of transportation. Vicinity lnileage necessary for the conduct of official busi-
ness is allo\vable but must be shown as a separate item on the expense voucher.
E. Transportation by chartered vehicles when traveling on official business may be authorized by the county adminis-
trator when necessary or where it is to the advantage of the agency, provided the cost of such transportation does not exceed
the cost of transportation by privately owned vehicle pursuant to subsection 0 of this section.
43
2.68.070
F. The county administrator or his or her designee Inay grant monthly allowances in fixed amounts for use of privately
owned autolnobiles on official business in lieu of the Inileage rate provided in subsection D of this section. Allowances
granted pursuant to this subsection shall be reasonable, taking into account the customary use of the autolnobile. the roads
custolnarily traveled, and whether any of the expenses incident to the operation, Inaintenance. and ownership of the auto-
Inobile are paid from funds of the agency or other public funds. Such allowance may be changed at any tilne, and shall be
Inade on the basis of a signed statement of the traveler, filed before the allowance is granted or changed, and at least annu-
ally thereafter. The statement shall show the places and distances for an average typicallnonth' s travel on official business.
and the amount that would be allowed under the approved rate per mile for the travel shown in the statelnent, ifpayment
had been Inade pursuant to subsection D of this section.
G. No contract Inay be entered into between a public officer or elnployee, or any other person, and the county in which
a depreciation allowance is used in computing the amount due by the agency to the individual for the use of a privately
owned vehicle on official business.
H. No traveler shall be allowed either Inileage or transportation expense when gratuitously transported by another per-
son or when transported by another traveler who is entitled to mileage or transportation expense. However, a traveler on a
private aircraft shall be reimbursed the actual alnount charged and paid for the fare for such transportation up to the cost of a
cOlnmercial airline ticket for the saIne flight, even though the ownc:' or pilot of such aircraft is also entitled to transportation
expense for the same flight under this subsection. (Prior code S 2-(09)
2.68.070 Other expenses.
A. The following incidental travel expenses of the traveler may be reimbursed:
I. Taxi fare~
2. Ferry fares~ and bridge, road, and tunnel tolls~
3. Storage or parking fees ~
4. COlrununication expense~
5. Convention registration fee while attending a convention or conference which will serve a direct public purpose
with relation to the county. A traveler may be reilnbursed the actual and necessary fees for attending events which are not
included in a basic registration fee that directly enhance the public purpose of the participation of the county in the confer-
ence. Such expenses Inay include, but not be lilnited to, banquets and other meal functions. It shall be the responsibility of
the traveler to substantiate that the charges were proper and necessary. However, any meals or lodging included in the regis-
tration fee will be deducted in accordance with the allowances provided in Section 2.68.050. (Prior code ~ 2-610)
2.68.080 Rules.
The county adlninistrator may adopt such rules, including, but not limited to, the general criteria to be used by the agency
to predetermine justification for attendance by officers and employees and authorized persons at conventions and confer-
ences, and prescribe such fonns as are necessary to effectuate the purposes of this chapter. The county adlninistrator may
also adopt rules prescribing the proper disposition and use of prolllotional items and rebates offered by common carriers and
other entities in connection with travel at public expense. (Prior code ~ 2-611)
2.68.090 Fraudulent claims.
Claims submitted pursuant to this section shall not be required to be sworn to before a notary public or other officer au-
thorized to administer oaths. but any claim authorized or required to be made under any provision of this chapter shall con-
tain a statelnent that the expenses were actually incurred by the traveler as necessary travel expenses in the perfonnance of
official duties and shall be verified by a written declaration that it is true and correct as to every material Inatter.
A. Any person who wilfully makes and subscribes any such claim which he or she does not believe to be true and cor-
rect as to every l11aterial matter, or who wilfully aids or assists in, or procures, counsels, or advises the preparation or pres-
entation under the provisions of this chapter of a clainl which is fraudulent or is false as to any Inaterial matter., whether or
not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim. is
guilty of a Inisdemeanor of the second degree as provided by statute, punishable as provided in F.S. ~ 775.082 or F.S.
~ 775.083, and whoever shall receive an allowance or reitnbursement by means ofa false clailn shall be civilly liable in the
amount of the overpayment for the reimburselnent of the public fund fronl which the claim was paid pursuant to the provi-
sions of F.S. ~ 112.061.
44
2.68.100
B. Any person who wilfully makes and subscribes any such claim which he or she does not believe to be true and cor-
rect as to every materiallnatter~ or who wilfully aids or assists in~ or procures~ counsels~ or advises the preparation or pres-
entation under the provisions of this chapter of a claim which is fraudulent or is false as to any Inateriallnatter~ whether or
not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such clailn~ and
whoever shall receive an allowance or reimburselnent by means of a false claim~ shall be subject to discipline~ up to and
including termination of elnployment. The alnount involved shall not be material to the discipline to be imposed. (Prior
code ~ 2-612)
2.68.100 Travel voucher forms.
The county administrator shall furnish a uniform travel voucher form which shall be used by all travelers and authorized
persons wht~n submitting travel expense statements for approval and payment. No travel expense statement shall be ap-
proved for payment unless made on the fonn prescribed and furnished by the county administrator. The travel voucher fonn
shall provid'e for~ among other things~ the purpose of the official travel and a certification or affirmation~ to be signed by the
traveler~ indicating the truth and correctness of the claim in every material matter~ that the travel expenses were actually
incurred by the traveler as necessary in the perfonnance of official duties~ that per diem claimed has been appropriately re-
duced for any meals or lodging included in the convention or conference registration fees claiIned by the traveler~ and that
the voucher conforms in every respect with the requirements of this section. (Prior code ~ 2-613)
2.68.110 Advancements.
Notwithstanding any of the foregoing restrictions and limitations~ the county administrator or his or her designee may
make~ or authorize the making of~ advances to cover anticipated costs of travel to travelers. Such advancements may include
the costs of subsistence and travel of any person transported in the care or custody of the traveler in the performance of his
or her duties. (Prior code S 2-614)
2.68.120 Direct payment of expenses by agency.
Wheneve'f the county requires an employee or public officer to incur either Class A or Class B travel on emergency no-
tice to the traveler~ such traveler may request the agency to pay his or her expenses for meals and lodging directly to the
vendor~ and the agency may pay the vendor the actual expenses for meals and lodging during the travel period, limited to an
amount not to exceed that authorized pursuant to this section. In elnergency situations~ the county administrator or his or her
designee may authorize an increase in the alnount paid for a specific meal, provided that the total daily cost of meals does
not exceed the total amount authorized for meals each day. The county administrator or his or her designee may also grant
prior approval to make direct payments of travel expenses in other situations that result in cost savings to the agency. (Prior
code ~ 2-615)
45
2.72.010
Chapter 2.72
MISCELLANEOUS ADMINISTRATIVE PROVISIONS
Sections:
2.72.010
2.72.020
2.72.030
2.72.040
2.72.050
Planning commission members-Compensation.
County employees accepting service of process on behalf of other employees prohibited.
Authority of mayor to declare state of local emergency.
Authority of mayor to issue proclamations without consent of board of county
commissioners.
Administrative control of veterans' affairs office.
2.72.010 Planning commission members-Compensation.
Pursuant to the authority of Section 9.06.040(B)~ the members of the planning commission shall be cOlnpensated at the
rate of nine thousand six hundred dollars ($9~600.00) for the regular twenty-four (24) cOlnmission meetings during the year
beginning October I ~ 2004~ and for every fiscal year thereafter~ regardless of whether the commission is meeting as the local
planning agency~ the zoning board, board ofadjustment~ or planning commission. For all commission meetings in excess of
the regular twenty-four (24)~ members shall be cOlnpensated at the rate of one hundred dollars ($100.00) per meeting also
without regard as to whether the cOlnmission is Ineeting as the local planning agency~ the zoning board~ board of adjust-
ment~ or planning cOlnmission. Nothing contained herein shall be construed to restrict payment to the melnbers for expenses
payable as otherwise authorized by the Florida Statutes. (Ord. 021-2004 S I: prior code S 2-6)
2.72.020 County employees accepting service of process on behalf of other employees prohibited.
A. No county elnployee shall accept service of process on behalf of another county elnployee~ the county attorney, the
county administrator, the clerk of courts, or any county commissioner. Process includes~ but is not limited to, summons and
cOlnplaints~ trial subpoenas, and subpoenas for dt\positions. Nothing in this section shall prohibit the county attorney from
filing a responsive pleading motion, thereby waiving service ofa summons and complaint, in any case whenever the county,
a Inember of the board of county commissioners, or an executive employee in official capacity is nalned a defendant.
B. No county employee, inclusive of the county attorney~ the county administrator, the clerk of courts, or any county
commissioner shall authorize any county employee to accept service of process on behalf of any other county employee, the
county administrator, the clerk of courts~ or any county comlnissioner and as above-described or in any other form.
C. Any county employee, inclusive of the county administrator~ the clerk of courts, or any county cOlnmissioner shall
immediately make a photocopy of any doculnent served or attempted to be served upon that employee. Unless such process
is directed to the person served therewith, acceptance of service shall be refused, the original shall be returned to the party
attempting service, and the photocopied documents shall be forwarded to the office of the county attorney forthwith, noting
thereon the time, date and name of person upon wholn service was attempted. (Prior code ~ 2-7.1 )
2.72.030 Authority of mayor to declare state of local emergency.
A. For definitional purposes, a state of emergency shall exist whenever there is an occurrence or threat thereof,
whether accidental, natural or caused by man, in war or in peace, which results in or may result in substantial injury or harm
to the population and/or substantial damage to or loss of property.
B. The Inayor, mayor pro tem~ or the sheriff, shall have the authority to declare a state of local emergency in Monroe
County, Florida, after consultation with the emergency management director. The duration ofa state of emergency is limited
to seven days~ it Inay be extended in seventy-two (72) hour increlnents.
C. Failure to comply and promptly obey a lawful order issued during a state of emergency will constitute a second
degree misdemeanor and can be punishable by a fine of up to five hundred dollars ($500.00) and/or ajail term of up to six
Inonths. (Prior code ~ 2-15.1 )
46
2.72.040
2.72.040 Authority of mayor to issue proclamations without consent of board of county commissioners.
A. Tht~ Inayor and chairperson of the board of county cOlnlnissioners are elnpowered to issue proclamations, in his or
her discretion, that concern Monroe County in the capacity as mayor and chairperson of the cotnmission without the neces-
sity of a meeting and consent of the board of county cOlnlnissioners.
B. '-'ht~ issuance of proclalnations may be rendered without a meeting and the consent of the county comlnission.
(Prior code ~ 2-15.3)
2.72.050 Administrative control of veterans' affairs office.
A. Tht~ veterans' affairs office of Monroe County is confirmed to be under the direct jurisdiction and adtninistrative
control of the county administrator.
B. Ifany proposed change concerning the transfer of the veterans' affairs departtnent to another department or relnoval
of the same from the direct jurisdiction of the county administrator occurs, it will require three public hearings to be duly
noticed, and only after such public hearings can any such proposed change be made. (Prior code S 2-15.4)
47
Chapters:
3.04
3.08
3.12
3.16
3.20
3.24
3.28
3.32
3.36
3.40
3.44
3.48
Title 3
REVENUE AND FINANCE
Contract and Competitive Bidding Procedures
Risk Management Program
Bond Financing
Charitable Appropriations by County
Motor Fuel Tax
Property Taxes
Sales Surtax
Tourist Development Tax
Tourist Impact Tax in Critical Areas
Capital Projects
Reimbursement of Expenses for Fire and
Rescue Personnel
Drug Abuse Trust Fund
49
3 .04.0 1 0
Chapter 3.04
CONTRACT AND COMPETITIVE BIDDING PROCEDURES
Sections:
3.04.010
3.04.020
3.04.030
Contracts with nongovernmental organizations for performance of valid purposes.
Change orders to contracts.
Competitive bidding procedures.
3.04.010 Contracts with nongovernmental organizations for performance of valid purposes.
A. AUlthorized. By resolution~ the board of county commissioners Inay~ at its discretion~ contract with any private~
nongovemnlental organization~ whether nonprofit or otherwise~ for the perfonnance of valid county purposes and functions
pursuant to F.S. S 125.0 I ~ including but not limited to providing hospitals~ alnbulance services~ health and welfare pro-
grams~ parks~ preserves~ playgrounds~ recreation areas~ libraries~ museums, historical commissions~ and other recreational
and cultural facilities and programs. The board Inay enter such contract by resolution wherein the board finds that the pri-
vate, nongovernmental organization perfonns valid county functions and purposes in the course of its activity~ and that the
interests of citizens of the county are served by contracting the organization to perform those services in behalf of the board
of county commissioners.
B. Payment tor Services.
I. Tht~ board Inay pay, as consideration for services rendered~ public moneys~ by lump sum or otherwise. PaYlnents
under this sE~ction may be either in advance or in arrears of services being rendered~ as determined in the sound discretion of
the board of county commissioners and as specified in the contract.
2. Notwithstanding subdivision I of this subsection~ the board may contract under this section where the consideration
to be paid for services rendered is compensation in kind~ including goods and materials to be contributed or services to be
rendered to the county.
C. Restriction. The board of county cOlnmissioners shall not contract for services which do not serve a valid county
purpose.
D. Report From Contracting Organization Required. Any organization contracting with the county under the authority
of this section shall~ notwithstanding the terms of the individual contract~ present both a detailed report of its annual activi-
ties~ designating those activities of the organization to which county funds were applied, and a copy of the organization ~ s
annual audit report~ certified by a certified public accountant licensed to do business in the state. Both reports shall be pre-
sented to the county by the organization within thirty (30) days of receipt by the organization of its annual audit report. Con-
tracting organizations shall comply with this subsection for each audit year concurrent in whole or in part with the term of
the contract under this section. (Prior code S 2-9)
3.04.020 Change orders to contracts.
A. This section applies to all change orders to contracts for the construction of capital improvelnents~ regardless of
whether the change order is subject to approval by the county adlninistrator pursuant to Section 2.04.0 1 O(B)~ or approval by
the board of county commissioners. A purchase order may not be used to circumvent the requirements of this section.
B. A proposed contract for capital improvements may not be presented to the board for approval containing a provi-
sion with such elasticity that it allows for change orders that could alter the contract's scope of work as initially approved.
As an example (and not by way of limitation), a contract for the construction ofa children's playground should not contain
within it a change order provision of sufficient elasticity that it would allow for the construction of a softball field.
C. All change orders lnust contain the following information:
I. The project for which the change order is sought~
2. The specific item(s) for which the change order is sought~
3. The price of the change order~
4. The price of the change order expressed as a percentage of the original contract price and as a percentage of the
contract price after prior change orders.
D. AIII~hange orders must be accompanied by the following information:
I. A written explanation of why the change order is needed, containing the following information:
51
3.04.030
a. Why the item(s) for which the change order is sought were not included in the original contract specifications,
b. If the iteITI(s) for which the change order is sought were included in the original specifications, then what event or
circumstance cOITIpels an increase in the contract price,
c. If the price of the iteln(s) for which the change order is sought exceeds twenty-five thousand dollars ($25,000.00)
or five percent of the contract price, whichever is greater, then why are the itelTIs not the subject ofa separate call for bids.
By way of example (and not by limitation), evidence of delay of the project or impairment of project coordination~ could be
reasons not to call for bids outside the contract~
2. If the project architect did not approve the iteln(s) for which the change order is sought, then a detailed explanation
as to why~
3. If the change order is intended to correct an error or omission in design doculnent, a statement whether a claitn un-
der the applicable professional liability policy has or should be Inade.
E. I f a change order results in a decrease in the contract price (either the original contract price or the contract after
prior change orders), the amount of that decrease Inay not be utilized by employees, agents or contractors of the county to
fund a subsequent change order, contract amendment or any other alteration of the original scope of work without following
the procedures set forth in this section.
F. A fier the effective date of this section, no contract for the construction of a capital ilnprovement may be entered
into that is at variance with the provisions of this section.
G. The provisions of this section supersede the provisions of any contrary resolutions or adlninistrative instructions.
(Prior code ~ 2-9. I)
3.04.030 Competitive bidding procedures.
A. The purposes of this section, requiring certain county contracts will be let only after cOlnpetitive bidding, are to:
I. Secure economy in the construction of county public works and in the expenditure of county funds for services,
Inaterials, supplies and equipment needed by the county~
2. Protect the taxpayers from collusive contracts, favoritisln, fraud, extravagance, and improvidence in the procure-
Illent of those things necessary for the operation of county govemment~ and
3 . To promote actual, honest and effective cOlnpetition to the end that each proposal or bid received and considered
for the construction of county improvements or the supplying of services, materials and equipment for public use is in cOln-
petition with all other bids upon the same basis so that county contracts are secured at the lowest cost to the taxpayers.
Therefore, this section is to be liberally construed in order to effectuate the ends described above.
B. For the purposes of this section, ~~person" Ineans individuals, firms, joint ventures, partnerships, corporations, and
other entities authorized to do business in the state of Florida.
C. Ifa contract is awarded in violation of this section, the contractor is not entitled to, and Inay not receive, any pay-
Inent whether based on the contract price or based on quantum meruit for work perfonned.
D. This section and any contract awarded by the county pursuant to competitive bidding, is subject to the tenns and
conditions of any state or federal grant that may fund a county contract, or the terms of any applicable federal or state statute
or administrative rule. If there is a contlict between a requirement of this section and such grant, statute or rule, the grant
statute or rule is controlling.
E. I . This section applies to all county contracts for services (excluding services covered by the Consultants ~ Com-
petitive Negotiation Act, F.S. ~ 287.055, utility/local telephone services, legal service, and insurance policies), goods, and
public works, (excluding change orders authorized under a lawfully executed county/contractor contract) that are, in accor-
dance with generally accepted accounting principles, expected to cost twenty-five thousand dollars ($25,000.00) or ITIOre. A
contract may not be split into multiple contracts for services, goods or public i1nprovements for the purpose of evading the
requirements of this section.
2. The county adlninistrator may, in his or her discretion, require that contracts for services, goods or public works
that are expected to cost less than twenty-five thousand dollars ($25,000.00) comply with the terms of this section.
3. When the goods or services sought are expected to cost twenty-five thousand dollars ($25,000.00) or more and are
available to the county through an existing contract between a vendor and the state of Florida, the United States, or another
Florida county, municipality or special district, then cOlnpliance with the terms of this section is not required. However,
before any purchase is Inade through an existing contract, the purchasing director must first contact other South Florida
vendors in order to determine if the goods or services sought are available at a lower price than the price(s) of the existing
52
3.04.030
contract. If the goods or services are available froln another vendor at a lower price than the existing contract, then the con-
tract for the goods or services must be awarded to that vendor. The purchase of the goods or services sought lnay be made
through the existing contract ifnone of the other vendors contacted by the purchasing director offered the goods or services
at a price lower than the price of the existing contract.
4. Persons who design county construction projects, or provide the specifications to the county for such projects or
provide the specifications for any goods or services, are prohibited from bidding on the project construction work and are
prohibited from bidding on the provision of the goods or services. This prohibition does not apply to design/build contracts
and design/build/operate contracts, when authorized by general law and when the board of county commissioners have spe-
cifically elected to proceed under those provisions of general law.
F. I. The solicitation of bids for contracts covered by this section must be made through published notice.
2. Tht~ published notice requesting bids must set forth a brief summation of the service, goods or public work desired
together with a description of where and from whom a potential bidder may obtain more detailed information. The pub-
lished notice must mention any applicable statutory requirement on certain construction work such as, by way of example
and not limitation, that the bidder must be a state certified or registered contractor. The notice must state that all bids sub-
mitted must be sealed and must be submitted to the office of the county OMB director. The notice lTIUSt state the date, time
and place \\'here the bids will be opened.
3. The solicitation of bids for services, goods, or public works that are projected to cost less than five hundred thou-
sand dollars. ($500,000.00) must be publicly advertised in a newspaper of general circulation in the county on a date which
is no later than twenty-one (21) days (excluding the publication date) before the date established for the bid opening and
which is no later than five days before any pre-bid conference.
4. The solicitation of bids for services, goods, or public works that are projected to cost five hundred thousand dollars
($500,000.00) or more must be publicly advertised in a newspaper of general circulation in the county, on a date which is no
later than thirty (30) days (excluding the publication date) before the date established for the bid opening and which is no
later than five days before any pre-bid conference.
G. County departments must prepare the bid specifications in advance of the publication date. The specifications must
include, where applicable, plans, descriptions of the service or description of the goods, the estimated quantities, the con-
tract format., insurance and bonding requirements, all as appropriate to the services, goods, or public improvements desired.
The specifications may not be drafted or structured in a way that only one person is capable of submitting a bid that lneets
such specifications. The specifications must be sufficiently detailed, definite and precise upon all the essential elements that
are to be a part of the contract so that a bid received will constitute a definite offer for the contract that may be accepted by
the board of county commissioners without further negotiation. When the bid specifications are in final form -and before
the publication date-the original specifications must be delivered to the custody of the county OMS director by the de-
partlnent that prepared them. The director will retain custody until after the bids are opened. The department lnay retain a
copy or copies of the specifications for its use but, if there is a conflict between the terms of the specifications in the direc-
tor's custody and the department's, the specifications in the director~s custody are controlling. Any amendments to the
specifications must be made through the OMS director who shall be responsible for notifying prospective bidders of the
amendment(s).
H. In order to determine if persons submitting bids are responsible, all bids for contracts to be awarded under this sec-
tion must contain the following information:
1. A hst of the person's shareholders with five percent or lnore of the stock or, if a general partnership, a list of the
general partners; or, if a limited liability company, a list of its members;
2. A list of the officers and directors of the person;
3. Tht~ number of years the person has been operating and, if different, the number of years it has been providing the
services, goods, or construction services called for in the bid specifications;
4. Tht~ number of years the person has operated under its present name and any prior names;
5. Answers to the following questions regarding clailns and suits:
a. Has the person ever failed to complete work or provide the goods for which it has contracted? (If yes, provide de-
tails. )
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, or its
officers or general partners? (If yes, provide details.)
53
3.04.030
c. Has the person~ within the last five years~ been a party to any lawsuit or arbitration with regard to a contract for
services~ goods or construction services similar to those requested in the specifications? (If yes~ provide details.)
d. Has the person ever initiated litigation against the county or been sued by the county in connection with a contract
to provide services~ goods or construction services? (Ifyes~ provide details.)
e. Whether~ within the last five years~ an officer~ general partner~ controlling shareholder or Inajor creditor of the per-
son was an officer~ general partner~ controlling shareholder or Inajor creditor of any other entity that failed to perform ser-
vices or furnish goods silnilar to those sought in the request for bids~
f. Custolner references~
g. Credit references~ and
h. Any information requested by the county department involved in soliciting the bids related to the financial qualifi-
cations~ technical competence~ the ability to satisfactorily perfonn within the contract time constraints~ or other infonnation
the department deems necessary to enable the department and board of county cOlnmissioners to detennine if the person
bidding is responsible.
The department requesting the submission of bids and the OMS director must make sure that all bid solicitations request
the infonnation required by this subsection. The departlnent requesting the bids~ or the OMS director~ must evaluate the
information received~ and then prepare a recomlnendation to the board of county commissioners for each of three lowest
bidders as to whether each bidder is responsible in the view of the information received. In evaluating the information re-
ceived~ the department and OMS director are directed to give greater weight in preparing their recomlnendation to the bid-
der~s responses to subsection (H)(5)(a) through (h) of this section. The county attorney is directed to investigate any prior
business entities or associates of the person submitting the bid in order to determine if the inquiries enumerated in subsec-
tion (H)(5)(a) through (h) of this section should be applied to any of the business entities or associates involved in the per-
son ~s prior business associations. If the department~ OMS director~ or county attorney have a reasonable belief that any in-
formation furnished by a bidder is false~ misleading or omits relevant facts~ the OMS director and depamnent are directed to
investigate any lawfully available information resource in order to be able to adequately advise the board as to whether a
bidder is responsible. If~ after the bids are received~ it is discovered that a bidder misrepresented or omitted information re-
quired by this subsection~ then his or her bid will be automatically disqualified. If the misrepresentation or olnission is dis-
covered after the contract is awarded~ the board of county commissioners may~ in its discretion~ terminate the contract with
no liability to the county other than to pay the contract price or unit price for work that is satisfactorily completed and useful
to the county. A notice stating the foregoing must appear in all solicitations for bids and a provision silnilar to the immedi-
ately preceding sentence must be added to all contracts covered by this section.
I. 1. Each bid for construction projects estimated to exceed one hundred fifty thousand dollars ($150~OOO.OO) Inust
be accompanied by a bid security in an amount equal to five percent of the bid price either in the fonn of a certified check
made payable to the county or in a bond from a surety company authorized to do business in Florida. A project may not be
divided into subparts to avoid the requirement for the bid security. The bid securities will remain in the custody of the OMS
director until forfeited or released as provided elsewhere in this subsection. If~ after the board accepts the bid~ the bidder
refuses to execute the contract or commence the work or provide the goods called for~ then the bid security will be forfeited
to~ and become the property of~ the county as liquidated damages for the county~s loss of bargain. If the successful bidder
executes the contract and cOlnmences performance~ then the bid security will be returned. The bid securities of unsuccessful
bidders and bid securities in the county~s possession for more than ninety (90) days from the date of bid opening must also
be returned.
2. All bids must be sealed and submitted to the office of the county OMS director before the time described in the
published notice for the bid opening. Any bid submitted after that time may not be considered.
3. All bids are irrevocable for ninety (90) days from the bid opening date. However~ if a bidder discovers an error in
his or her bid~ he or she may withdraw the bid and obtain a refund of the bid security if the bid has not yet been accepted by
the board of county commissioners. However~ the security may be returned only if the bidder can show~ to the satisfaction
of the county OMB directoc the following equitable factors:
a. The bidder acted in good faith in submitting the bid~
b. In preparing the bid~ there was an error of such magnitude that enforcelnent of the bid would work a severe hard-
ship upon the bidder; and
c. The error was not a result of gross negligence of wilful inattention.
54
3.04.030
4. All bids must be opened at the time and place described in the published notice. In order for a bid to be accepted by
the board of county comInissioners and a contract awarded, the bid must be the lowest in price, must confonn to the specifi-
cations, and have been submitted by a responsible bidder. For the purposes of this section, the following terms have the fol-
lowing Ineanings:
a. ~'Lowest in price" means the lowest total economic cost to the county including, but not limited to, the contract
price and d,emands upon county equipment and county staff time.
b. "Conform to the specifications" means that there is no substantial variation between the bid submitted and the
county specifications. Slight or immaterial variations froIn the specifications do not create a nonconfonning bid. However
any variation that destroys the cOInpetitive character of the bidding process, causes or confers a material change more favor-
able to one bidder than the others, or furnishes one bidder an advantage or benefit not enjoyed by the other bidders is a sub-
stantial variation and results in a nonconforming bid.
c. "R1esponsible bidder" means a bidder who:
I. Is responsible in terms of financial resources;
II. Possesses the skills needed to provide high quality services, goods, or public works; and
Ill. I-Ias demonstrated a history of honesty and integrity in his or her business dealings and in performing his or her
obligations under prior contracts.
The board of county commissioners' determination, based on the criteria set forth in subsection (1)(4) of this section, as
to whether a bid is the lowest in price, whether a bid variation from the county's specification is slight and immaterial or
substantial and material, and whether a bidder is responsible, is discretionary with the board and is final.
J. I. Once the board of county commissioners has determined which bid is the lowest conforming bid by a respon-
sible bidder, the board may vote to accept that bid and authorize the mayor to execute a written contract on behalf of the
county. If the initially successful bidder refuses to execute the contract or, if after the execution, refuses to COInmence per-
formance, then the board may vote to accept the bid of the next lowest conforming responsible bidder and so on. However,
the board of county commissioners at all times reserves the right to waive variations from the specifications that do not ren-
der a bid nonconforming, to reject all bids, readvertise for bids, or to abandon any project, purchase of goods, or request for
bids.
2. A contract is not entered into until the board of county commissioners votes to accept a bid and directs the mayor to
execute a contract on behalf of the county. Regardless of any representations made by any county officer, employee or
county contractor or consultant, and regardless of any funds expended or work performed by the bidder or a prospective
contractor, the county is not liable or obligated to pay the bidder/prospective contractor any money until the bid has been
accepted by the board of county commissioners.
K. 1. The board of county commissioners may dispense with the bidding provisions of this section and contract di-
rectly for services, goods or public works in the case of an emergency. For the purposes of this section, an "'emergency"
means:
a. An immediate danger to the public health or safety;
b. A danger of loss of public or private property that requires immediate government action;
c. An interruption in the delivery of an essential governmental service; or
d. A substantial risk that a funding source of a contract will be diminished or lost because the time required to com-
petitively avvard bids after the funds becoIne available exceeds the time within which the funding source must be spent.
2. The~ mayor, or in his or her absence, the mayor pro tern, may waive the provisions of this section in an emergency
following a natural or manmade disaster. Such a waiver continues until the first meeting of the board of county commis-
sioners following the disaster. At that meeting the board Inay elect to extend the waiver if the emergency so requires.
3. Nothing in this section may be construed to prohibit the mayor, mayor pro tern or other county officer from directly
contracting for goods and services on behalf of the county during an eInergency following a natural or manmade disaster
when permi11ed by statute or the terms of a state or local eInergency declaration.
L. ] . The procedures provided for in this subsection are cumulative to those set forth in subsections A through K of
this section and the county purchasing policies. They do not supersede the authority or ability of the county to determine the
qualifications and bid responsiveness of any prospective contractor on a bid-by-bid or contract-by-contract basis.
2. The eligibility of persons to bid for the award of county contracts may be suspended on account of any of the fol-
lowing acts or omissions by the person, an executive officer of the person, or a principal or director of the person:
55
3.04.030
a. Conviction for comlnission of a criminal offense as an incident to obtaining or attempting to obtain a public or pri-
vate contract or subcontract~ or in the performance of such contract or subcontract~
b. Conviction~ under any state or federal statute~ of embezzlement~ theft~ forgery~ bribery~ falsification or destruction
ofrecords~ receiving stolen property~ or any other offense indicating a lack of business integrity or business honesty which
currently ~ seriously~ and directly affects the person ~ s responsibility as a county contractor~
c. Conviction under any state or federal antitrust statute arising out of the submission of a bid or proposal~
d. V io lation of contract~ as set forth below ~ of a character which is regarded by the adm inistrative officer to be so seri-
ous to justify suspension:
i. Failure without good cause to perform in accordance with the specifications or within the time limit provided in the
contract~
ii. A record of failure to perfonn or of unsatisfactory performance in accordance with the terms of one or Inore con-
tacts~ provided that failure to perfonn or unsatisfactory performance caused by acts beyond the control of the contractor is
not a basis for suspension~
e. A history of producing work that is shoddy or otherwise contains substandard workmanship~
f. Failure to supply or furnish the county warranties required by a contract~
g. Any other cause determined to be so serious and cOlnpelling as to affect responsibility as a county contractor~ in-
cluding a suspension by another governmental entity for any cause similar to those listed in subsection (L)(2)(a) through (t)
of this section or a history of defaulting on paYlnents to suppliers or subcontractors.
3. The county OMS director or~ in the case of building contractors~ the county engineer (collectively the administra-
tive officer)~ may suspend a person~s eligibility to be awarded a county contract after determining that one or Inore of the
acts or omissions listed in subsection (L)(2)(a) through (g) of this section occurred.
4. If the administrative officer decides to suspend a person ~s eligibility for the award of county contracts~ the officer
must reduce his or her decision to writing~ state in detail the reason for the suspension~ and furnish a copy of his or her deci-
sion to the person affected~ either by hand delivery special delivery return receipt requested~ or by a private delivery service.
The suspension is effective when received by the person affected and will remain in effect until vacated or modified by the
vendor cOlnmittee or a court of competent jurisdiction. However, the filing of a request for hearing de novo under subdivi-
sion 5 of this subsection will stay the suspension until the vendor committee affirms or modifies the administrative officer" s
decision.
5. The person suspended by the administrative officer may request a hearing de novo by filing a request for a hearing
with the county administrator's office within ten (] 0) days after his or her receipt of the adlninistrative officer~s suspension.
The county administrator must schedule a hearing before the vendor committee within twenty-one (21) days of the county
administrator's receipt of the request. The vendor committee consists of: the county administratoc a county commissioner
appointed by the board of county commissioners~ the county attorney~ a division director selected by the county adlninistra-
tor whose division has infrequent or no business dealings with the suspended person~ and, if the person was suspended by
the OMS director, the county engineer~ if the person was suspended by the county engineer~ the OMB director. All vendor
committee hearings are public hearings (meetings) under F.S. ~ 286.0 II. Published notice of a vendor committee hearing
must be five days or more in advance of such hearing, excluding the date of publication and the date of the hearing. The
hearing must be informally conducted. At the hearing~ the suspended person and the administrative officer may offer such
evidence as each deems necessary to support each party's respective position, although the vendor comlnittee may exclude
immaterial~ irrelevant or repetitious evidence. All other evidence of a type commonly relied on by reasonably prudent per-
sons in the conduct of their affairs may be entertained. The vendor cOlnmittee Inust~ in writing, affirm, vacate, or Inodify the
adlninistrative officer~s suspension within ten (10) days after the conclusion of the hearing. The vendor comlnittee"s deci-
sion is the final administrative action of the county.
6. Suspensions ordered under this section Inust be for a minimum of six Inonths~ but may not exceed three years. The
length of the suspension should be determined based on the nUlnber of acts or omissions detailed in subsection (L)(2)(a)
through (g) of this section that were found to be committed by the person suspended as well as the severity of those acts or
omISSions.
7. When the person suspended is a business entity other than an individual~ a suspension will apply to a successor en-
tity in the same or similar business. For the purposes of this subsection, ~~successor entity" means any business entity that:
a. Purchases the stock of a suspended corporation or entity~
b. Has stock that was exchanged for the debt of the suspended entity~
56
3.04.030
c. Has substantially the same principals, melnbers, shareholders, officers or directors as the suspended entity;
d. Has substantially the same individuals who were the principals, members, shareholders, officers or directors of the
suspended E:ntity as creditors.
8. When the suspended person is a business entity or partnership that, in order to lawfully conduct business, lnust be
qualified by a state certified or registered contractor, or by an individual holding a professional license issued by the state
Departlnent of Business Regulation, and the qualifier is also a shareholder, officer, director, partner or creditor of the sus-
pended entity or partnership, then any suspension extends to a subsequent entity or partnership with the saIne individual as
the qualifier if that individual is a principal, member, shareholder, officer, director, partner or creditor of the subsequent
entity or paltnership.
9. When any corporation, partnership, or sole proprietorship is suspended due to operations or activities of an officer,
director, partner or employee who qualifies the business through the issuance ofa state or county certificate of competency
for contractors, or the issuance of a professional license by the state Department of Business Professional Regulation, the
suspension \vill extend to any other business of which the same individual is the sole qualifier.
10. A person suspended under this section may not be a sub-subcontractor or subcontractor on any county project. The
county OMI3 director ITIUst maintain a list of suspended persons and make that list available to all prospective bidders in
order to assure that a suspended person is not employed as a subcontractor or sub-subcontractor on a county project. A bid
is automatically nonconforming if it lists a suspended person as a subcontractor or sub-subcontractor. After the contract is
awarded, the employment of a suspended person is a lnaterial breach of the county/contractor contract and entities the
county, in its discretion, to terminate the contract with no further liability to the contractor beyond payment of the portion of
the contract price which may be due for work satisfactorily cOlnpleted up to the date of termination. A sentence similar to
the preceding must appear in all county contracts where the use of subcontractors or sub-subcontractors is contelnplated,
expected or authorized.
M. The' county administrator is authorized to prescribe administrative instructions to implement this section, but no
such instruction may contradict a substantive or procedural provision. (Ord. 012-2004 S 1; prior code S 2-541)
57
3.08.010
Chapter 3.08
RISK MANAGEMENT PROGRAM
Sections:
3.08.010
3.08.020
3.08.030
3.08.040
3.08.050
3.08.060
3.08.070
Creation of program.
Uninsured loss fund.
Claims administration.
Payment of claims.
Subrogation.
Legal services.
Costs of administration.
3.08.010 Creation of program.
A. There is created a risk management program for Monroe County~ Florida. The uninsured loss fund therefor shall be
a continuing appropriation~ notwithstanding fiscal years~ to be used for payment of the administrative costs~ expenses~ set-
tletnents~ judgments and claims of the county. The uninsured loss fund shall be an internal service fund into which premi-
ums will be paid from appropriate county funds. Moneys from the fund shall be used to pay legitimate claims Inade against
the county. The county administrator or his or her designee shall calculate annually ~ for each fiscal year~ the amounts of
internal payments and transfers required to be remitted to the uninsured loss fund for the respective depamnents and offices
insured which~ when added to the expected fund balance from the preceding fiscal year~ will adequately fund the reserve
and expected claitns for the fiscal year. The SUln total of these amounts is hereafter referred to as ~"the county prelnium.~~
There shall be paid into the uninsured loss fund: (i) an annual appropriation in the amount of the county premium and (ii)
earnings on investments Inade pursuant to subsection B of this section.
B. The county administrator shalllnaintain with comlnission approval the uninsured loss fund. He or she shalL when
appropriate and with commission approval detennine and obtain necessary financial arrangements~ which includes the pur-
chase of insurance when deelned appropriate to ensure against catastrophic losses which may exceed their resources of the
fund.
C. A safety prograln shall be established under the direction of the county administrator or his or her designee to iden-
tify and implement ways and means to reduce or eliminate unsafe conditions or practices for which losses may occur. The
safety program may include such rewards~ disciplines or penalties as may tend to reduce losses and prOlTIote safety.
D. A catastrophic contingency reserve shall be established and maintained at a minilnum of one million dollars
($1 ~OOO~OOO.OO). This reserve shall be available for non-declared disasters to fund large property insurance deductibles~ li-
ability claims that exceed~ or are excluded from~ any excess insurance coverage purchased~ or at any time budgeted ex-
penses of the fund~ including insurance premiulns exceed the budgeted amount by ten ( 10) percent. Upon the recomlnenda-
tion of the county administrator or his or her designee~ any surplus funds remaining in the risk Inanagement fund at the end
of any fiscal year not required for specific clailn reserves Inay be added to the catastrophe reserve~ thereby raising the mini-
mum balance maintained accordingly. If any funds are utilized from the catastrophe reserve within a fiscal year~ such funds
shall be replaced in ensuing fiscal year budgets~ until the reserve is replenished to its beginning Ininimuln balance. (Prior
code ~ 2-457)
3.08.020 Uninsured loss fund.
Recognizing the importance of maintaining the financial integrity of the uninsured loss fund~ the county establishes the
following general procedures regarding the administration of the fund.
A. The clerk of the circuit court of Monroe County (hereafter the \'''clerk~'') shall be responsible for the administration of
all financial affairs of the uninsured loss fund.
B. In administering the uninsured loss fund., the clerk shall adopt and follow generally accepted accounting standards
and procedures.
C. The board of county commissioners shall establish the amount of the fund of the uninsured loss fund for each forth-
coming fiscal year upon the recommendation of the county adlninistrator and., at the direction of the board., upon the advice
of an independent actuary.
58
3.08.030
D. If for any reason the unrestricted balance in the uninsured loss fund is a negative balance during the fiscal year~
such fact shall be noted in a written report by the county administrator to the board of county cOlnlnissioners. The county
adlninistrator shall~ from time to tilne~ recommend such additional appropriations or budget amendments as may be required
to assure the solvency of the uninsured loss fund.
E. Thl~ county administrator and clerk shall pay~ or cause to be paid~ all approved claiIns for dalnages or other liability
arising out of any loss not covered by the county~s insurance policies.
F. Thl~ county adlninistrator and the clerk are authorized to payor cause to be paid from the uninsured loss fund the
adlninistrative costs and the fees and costs involved in or related to the retention and use of support services for the pro-
gram~ under established purchasing policies and procedures and within purchasing authority levels.
G. The program shall be financed by the funds placed in the uninsured loss fund established to which shall be credited
all money deposited by appropriation or from any other source related to the fund. The fund shall consist of:
I. Any appropriation heretofore made for the expenditure of public funds to protect the county against loss~ including
related insurance prelniulns;
2. Appropriations for the payment of losses~ claims and judgments against the county;
3. Any costs~ contributions or indemnities recovered from other parties;
4. Fines and forfeitures levied against employees as a result of being found responsible for preventable accidents and
losses~
5. Income accruing from the investment of the fund.
H. Funds are to be expended in accordance with the provisions and for the purposes stated in this chapter. The fund
shall be segregated from other funds of the county ~ shall be appropriated in the annual county budget~ and shall be adlninis-
tered under the direction of the county administrator.
I. For the purpose of this chapter~ Hlosses'" shall be defined as loss of or dalnage to real and personal property not re-
coverable from insurance or any other source; Io~claims~~ shall be defined as all actual or alleged responsibilities to others
arising out of the ownership~ maintenance and use of all county property, all operations of the county~ and all acts or omis-
sions of the county~s elected officials~ appointees, agents and employees while acting within the scope of official duties.
Except that, in the best interest of the county~ the following risks are to remain separately insured and nonparticipatory in
the program:
I. Airport liability;
2. La\v enforcement liability, public officialliability~ autolnobile liability/physical damage~ and aircraft liability of the
sheriff s departlnent. (Prior code S 2-458)
3.08.030 Claims administration.
A. All losses and claims shall be referred to the office of risk management. Such losses and claims shall be investi-
gated and r(~ported to the county administrator in accordance with administrative procedures to be promulgated by the
county adm"inistrator. In the event legal proceedings may be involved, the county attorney shall be so advised.
B. Tht~ county administrator may employ such investigative, adjusting or consulting services as Inay be required to
effectively (:arry out the provisions of this chapter. (Prior code S 2-459)
3.08.040 Payment of claims.
A. Tht~ county administrator is authorized to request disbursement of money from the uninsured loss fund as herein
provided for the purposes of carrying out the intent of this chapter.
B. The~ risk management designee of the county administrator may settle and pay all losses of or damages to county
property upon appropriate investigation and documentation.
C. The: county administrator may compromise, settle and pay all claims which Inay be discharged by payment of an
amount not to exceed twenty-five thousand dollars ($25,000.00) for each individual claim. Such settlement or compromise
shall be for all damages claimed for bodily injury ~ property damage or both.
D. Proposed settlements in excess of twenty-five thousand dollars ($25,OOO.00)~ but not more than fifty thousand dol-
lars ($50~000.00) for each individual clailn~ shall be reviewed by the county administrator~ the county attorney~ the risk
management designee and the independent adjuster if one has been retained. Payment shall be made upon consensus of the
committee.
59
3.08.050
E. Proposed settlements in excess of fifty thousand dollars ($50,000.00) shall be submitted to the county commission
for it approval. (Prior code * 2-460)
3.08.050 Subrogation.
It shall be the responsibility of the risk managelnent office to pursue recovery of any losses or claims paid as a result of
the acts of a third party tort-feasor when it is practical to do so. (Prior code ~ 2-461)
3.08.060 Legal services.
The county attorney shall perform all legal services required to accomplish the purpose of the risk management program
regarding defense or prosecution or when requested by the county adlninistrator, the negotiation of settlements of claitns or
suits. The county attorney Inay obtain outside legal services, which shall be paid for by the fund where such services are
deemed necessary and in the best interest of the county. (Prior code * 2-462)
3.08.070 Costs of administration.
A. All costs and expenses allocated to a specific loss or claim shall be paid for by the fund.
B. Any unallocated costs and expenses associated with or related to the risk management program Inay be paid for by
the fund upon the approval of the county administrator. (Prior code S 2-463)
60
Sections:
3.12.010
3.12.020
3.12.030
3.12.040
3.12.050
3.12.060
3.12.070
3.12.080
3.12.090
3.12.100
3.12.110
3.12.120
3.12.010
Chapter 3.12
BOND FINANCING
Short title.
Authority.
Findings.
Projects.
Obligations.
Refunding obligations.
Security.
Negotiability.
Investment of funds.
No impairment.
Powers vested in board-Exercise-Referendum.
Additional authority.
3.12.0 10 Short title.
This chapter shall be known and may be cited as the ~"Consolidated Home Rule Ordinance for Bond Financing." (Prior
code ~ 2-474)
3.12.020 Authority.
This chapter is enacted pursuant to Article VIII, Section I, Florida Constitution (1968), and F.S. Ch. 125, and other ap-
plicable provisions of law. (Prior code ~ 2-475)
3.12.030 Findings.
It is found, determined and declared by the board of county commissioners (the ~"board"), as follows:
A. Pursuant to Article VIII, Section 1, Florida Constitution (1968), and F.S. Ch. 125, the county has all powers of local
self-governlnent to perform county functions and to render county services in a manner not inconsistent with general or spe-
ciallaw., and such power may be exercised by the enactment of county ordinances.
B. It is necessary for the public health., safety and general welfare of the county and its citizens that provision be made:
( 1 ) for the a(;quisition, construction., improvement and equipment from time to time of capital projects., and for other similar
capital purposes which serve a county purpose~ and (2) for the financing of the cost of such projects by the pledging of cer-
tain non-ad valoreln funds., as described below.
C. Tht~ county desires maximum flexibility in the investment of proceeds from the sale of its obligations and the secu-
rity for payrnent of its obligations.
D. Notice of intent to consider this chapter has been published and made available to the public for inspection in the
manner provided by law. (Ord. 022-2004 S 11 ~ prior code ~ 2-476)
3.12.040 Projects.
The county is authorized to acquire., construct, improve and equip county capital projects (the ""projects"')., as the same
may be determined by the board from time to time in accordance with the provisions of general or special law . (Prior code
~ 2-477)
3.12.050 Obligations.
To pay the cost of the projects and other costs necessary or incidental thereto., including but not limited to the costs of
issuance of such obligations, the county is authorized to issue revenue bonds, notes., certificates and other fonns of indebt-
edness (collectively., the '''obligations'') from time to time. Such obligations may be issued in bearer form or fully registered
form~ Inay be delivered by means of physical certificates or a book-entry system., or any combination thereof; may be in
such denolnination or denominations; may bear interest at such rate or rates not exceeding the maximum rate allowed by
61
3.12.060
law" payable on a current basis or at maturity: and may mature at such time or titnes all as shall be detennined by the board
at or prior to the tilne of sale of the obligations. The obligations may be redeelnable before Inaturity" at the option of the
county" at such price or prices and under such tenns and conditions as shall be fixed by the board prior to their issuance. The
board shall detennine the place or places or paYlnents of the principal" redelnption prelnium" ifany" and interest on the obli-
gations" which Inay be at any bank or trust COlnpany within or without the state of Florida. The obligations shall be signed
by the manual or facsimile signature of the Inayor of the board" and attested by the lnanual or facsitnile signature of the
clerk of the circuit court for the county" ex officio clerk of the board (the '''clerk'''')" and may further be authenticated on be-
half of the county by a bank or trust company which Inay be acting as registrar of the obligations~ provided, that such obli-
gations shall bear at least one signature which is manually executed thereon: and shall have the seal of the board affixed"
ilnprinted" reproduced or lithographed thereon all as shall be prescribed in the resolution or resolutions authorizing the issu-
ance of the obligations. The obligations may be sold at public or private sale at such price or prices as the board shall deter-
Inine. (Prior code ~ 2-478)
3.12.060 Refunding obligations.
The county Inay issue obligations to refund any obligations issued under the authority of this chapter and provide for the
rights of the owners thereof. Such refunding obligations may be issued in an alnount sufficient: (a) to pay any expenses of
the issuance and sale of such refunding obligations~ and (b) together with the income from the investment of a portion of the
proceeds of sale of such refunding obligations" to pay: (i) the principal of the outstanding obligations" (ii) the interest due
and payable on the outstanding obligations" and (iii) the redelnption prelnium" ifapplicable" on the outstanding obligations.
(Prior code ~ 2-479)
3.12.070 Security.
The principal of and interest on the obligations issued under the authority of this chapter may be payable from and/or
secured by a lien upon and pledge of any portion of the money of the county derived from sources other than ad valorem
taxation and legally available for such purpose (collectively" the '''non-ad valorem funds'''). (Prior code ~ 2-480)
3.12.080 Negotiability.
The obligations shall be negotiable instruments under the Uniform Commercial Code-Investment Securities laws of the
state of Florida. (Prior code S 2-481)
3.12.090 Investment of funds.
Proceeds of the sale of any obligations and any non-ad valoreln funds securing payment of the obligations may" at the
option of the county" be invested in the following manner:
A. Direct obligation or obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America (the "government obligations"')" or receipts" certificates or other similar documents evidencing ownership
of future principal or interest payments due on government obligations" which government obligations are held in a custody
or trust account by a bank or savings and loan association which is either: (1) ""qualified public depository'" under the laws
of the state ofFlorida~ or (2) has capital" surplus and undivided profits of not less than fifty million dollars ($50,,000,,000.00)
and which is a member of the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corpora-
tion" as applicable~
B. Bonds" debentures, notes" participation certificates or other evidences of indebtedness issued, or the principal of and
interest on which are unconditionally guaranteed, by the Federal Home Loan Bank System" the Export-hnport Bank of the
United States" the Federal Financing Bank" the Government National Mortgage Association" the Farmers Home Administra-
tion, the Federal Housing Administration or the Maritime Adlninistration:
C. Deposits in any commercial bank or savings and loan association which is a member of the Federal Deposit Insur-
ance Corporation ('''FDIC'''') or the Federal Savings and Loan Insurance Corporation ("FSLIC""), as applicable, and is a
""qualified public depository" under the laws of the state of Florida:
D. Repurchase agreements" fully and continuously secured by government obligations" with any bank" trust cOlnpany"
national banking association or savings and loan association which is a member of FDIC or FSLIC" as applicable and is a
""qualified public depository"" under the laws of the state of Florida: or with any registered governlnent bond broker/dealer
which is subject to the jurisdiction of the Securities Investor's Protection Corporation: provided: (1) such government obli-
62
3. 12. 1 00
gations are held by the county or a third party which is: (a) a Federal Reserve Bank~ (b) a bank or savings and loan associa-
tion which is a melnber of FDIC or FSLIC~ as applicable~ and is a \o~qualified public depository~~ under the laws of the state
of Florida~ or (c) a bank or savings and loan association approved in writing for such purpose by the municipal bond insurer~
if applicabll~~ and the county shall have received written confinnation froln the third party that it holds such government
obligations; and (2) a perfected first security interest in or title to such government obligations~ as applicable~ is created or
obtained for the benefit of the county;
E. Shares in a Inoney market or other fund~ the investlnent of which are exclusively in government obligations;
F. Any other agreements for the investtnent of money between the county and a bank~ trust company ~ national banking
association or corporation subject to registration with the Board of Governors of the Federal Reserve System under the
Bank Holding Company Act of 1956 or the Federal National Mortgage Association~ or any corporation including insurance
cOlnpanies: (1) whose unsecured obligations or uncollateralized long-term debt obligation have been assigned ratings by
Standard & Poor~s Corporation~ New York~ New York C~s&P")~ and Moody's Investors Service~ New York~ New York
C~Moody~s~")~ which are equal to or higher than the ratings initially assigned by S&P and Moody~s to the bonds then being
issued by the county~ if applicable~ or (2) which has issued a letter of credit contract~ agreement or surety bond in support of
debt obligations which have been so rated;
G. Any other investments authorized or pennitted from tilne to time by F. S. S 125.3 1 ~ or any other law of the state of
Florida controlling the investment of surplus public funds of a county.
The county shal1~ in any resolution authorizing the issuance of its obligations providing for the investment of the pro-
ceeds of the sale of such obligations~ select all or any portion of the above investlnent vehicles as permitted investments
under such resolution~ and~ in its discretion~ may provide additional restrictions to such investments in the resolution.
The provisions of this section shall not be deemed to alnend any resolutions or ordinances authorizing the issuance of
any outstanding obligations of the county. (Prior code ~ 2-482)
3.12.100 No impairment.
The county does covenant with the owners froln time to time of obligations issued pursuant to this chapter that it will not
enact any ordinance which will impair: (a) the rights of such owners under the resolutions which authorized such obliga-
tions; or (b) the pledge of the non-ad valorem funds to the payment of principal of~ redemption premium~ ifany~ and interest
on obligations issued under the authority of this chapter. (Prior code S 2-483)
3.12.110 Powers vested in board-Exercise-Referendum.
All power and authority granted to the county by the provisions of this chapter shall be exercised by the board or its suc-
cessors as the governing body of the county. The powers granted hereunder lnay be exercised by resolution duly adopted by
the board. No referendulTI in the county shall be required for the exercise of any of the powers granted by this chapter unless
such referendum is required by the Constitution of Florida. (Prior code ~ 2-484)
3.12.120 Additional authority.
This chapter shall be considered as supplemental and additional authority for the county to implement the powers author-
ized by this chapter. (Prior code ~ 2-485)
63
3.16.010
Chapter 3.16
CHARITABLE APPROPRIATIONS BY COUNTY
Sections:
3.16.010
3.16.020
3.16.030
3.16.040
3.16.050
3.16.060
Council on the Aging, Inc.-Nutrition program.
Council on the Aging, Inc.-Homemaker program.
Health Systems Agency of South Florida.
Volunteer ambulance services.
Guidance Clinic of the Middle Keys.
Disbursal of funds for Senior Community Service Project.
3.16.010 Council on the Aging, Inc.-Nutrition program.
A. The board of county commissioners Inay appropriate funds out of its general revenue fund of the county budget to
the Monroe County Council on the Aging~ Inc.~ a Florida nonprofit corporation for the purpose of operating its nutrition
prograln for the aged.
B. Any funds appropriated hereunder shall be expended by the Monroe County Council on the Aging~ Inc.~ a Florida
nonprofit corporation~ for the payment of expenses of the nutrition progralTI for the aged and approved by the board of
county comlnissioners.
C. The operation of such nutrition program and the funds expended therefor are decreed to be a county~ welfare and
public purpose. (Prior code ~ 2-218)
3.16.020 Council on the Aging, Inc.-Homemaker program.
A. The board of county commissioners may appropriate funds out of its general revenue fund of the county budget to
the Monroe County Council on the Aging~ Inc.~ a Florida nonprofit corporation for the purpose of operating a homemaker
progralTI for the aged under a federal grant program.
B. Any funds appropriated hereunder shall be expended by said Monroe County Council on the Aging~ Inc.~ a Florida
nonprofit corporation.
C. The operation of such hOlnemaker program and the funds expended therefor are decreed to be a county~ welfare and
public purpose. (Prior code ~ 2-219)
3.16.030 Health Systems Agency of South Florida.
A. The board of county commissioners may appropriate funds out of its general revenue fund of the county budget to
the Health SystelTIS Agency of South Florida for the purposes of operating a cOlnprehensive health planning and advisory
service progralTI in Monroe County ~ Florida.
B. Any funds appropriated hereunder shall be expended by the Health Systems Agency of South Florida for the pay-
ment of direct expenses of the Health Systems Agency of South Florida incurred in Monroe County, Florida, in providing a
comprehensive health planning and advisory service program and all such direct expenses shall be approved by the board of
county cOlnlnissioners.
C. The operation of such health planning and advisory service program and the funds expended therefor are decreed to
be a county. welfare and public purpose. (Prior code ~ 2-220)
3.16.040 Volunteer ambulance services.
A. The board of county cOlnlnissioners is authorized to budget and expend county funds for the education, training~
and individual licensing fees for members of each of the volunteer alnbulance services in the county~ and for the purchasing
of equiplnent for such ambulance services.
B. Before any funds are expended under the provisions of this section~ the expenditures must be approved by a major-
ity of the board of county commissioners. (Prior code ~ 2-221)
64
3.16.050
3.16.050 Guidance Clinic of the Middle Keys.
A. The board of county cOlnmissioners may appropriate funds out of its general revenue fund of the county budget to
the Guidance Clinic of the Middle Keys for the purpose of operating an alcoholic rehabilitation program through the Mon-
roe Alcoholic Rehabilitation Center.
B. Any funds appropriated hereunder shall be expended by the Guidance Clinic of the Middle Keys for the payent of
direct expenses of the Monroe Alcoholic Rehabilitation Center and approved by the board of county cOlnlnissioners.
C. The operation of the alcoholic rehabilitation program and the funds expended therefor are decreed to be a county,
welfare and public purpose. (Prior code S 2-222)
3.16.060 Disbursal of funds for Senior Community Service Project.
The clerk of the courts of Monroe County, Florida, is authorized to disburse funds froln any appropriate and lawful ac-
count to pay the cost of transportation, rental of meeting roolns and noontime meals in conjunction with the Senior Com-
munity Service Project quarterly enrollee's meetings for as long as such meetings are required by the National Council on
the Aging. (Prior code S 2-224)
65
3.20.010
Chapter 3.20
MOTOR FUEL TAX
Sections:
3.20.0 10
3.20.020
3.20.030
3.20.040
3.20.050
Imposed.
Collection.
Effective period.
Use of proceeds.
Distribution of proceeds.
3.20.0 101m posed.
Under the authority of F.S. ~ 336.025, effective September 1, 1989, there is ilnposed a six-cent ($0.06) gas tax upon
every gallon of motor and special fuel sold in Monroe County~ including the Inunicipalities therein, and taxed under the pro-
visions of Part I or Part II of F.S. Ch. 206. (Prior code ~ 2-315)
3.20.020 Collection.
The tax levied in Section 3.20.010 shall be collected and remitted according to the procedure of F .S. ~ 336.025. (Prior
code ~ 2-3 16)
3.20.030 Effective period.
The tax levied in Section 3.20.0 10 shall remain in effect until September I ~ 2019, unless rescinded by the board of
county commissioners. However, the tax may be rescinded before September I ~ 20 19~ only if the rescission shall in no cir-
cUlnstances materially or adversely affect the rights of the holders of bonds backed by the tax and outstanding on the date of
rescission. (Prior code ~ 2-317)
3.20.040 Use of proceeds.
The proceeds froln the tax levied in Section 3.20.010 may only be used for transportation expenditures. For the purposes
of this chapter, ~'"transportation expenditures" Ineans:
A. Public transportation operations and maintenance~
B. Roadway and right-of-way maintenance and equiplnent~
C. Roadway and right-of-way drainage~
D. Street lighting~
E. Traffic signs, traffic engineering, signalization and pavelnent Inarkings~
F. Bridge maintenance and operation~
G. Debt service and current expenditures for transportation capital projects in the foregoing program areas, including
construction or reconstruction of roads.
The revenues from the tax levied in Section 3.20.010 may be pledged to secure the payment of bonds. In the event such
bonds are to be issued~ the county or the municipalities Inay use the services of the division of bond finance of general ser-
vices pursuant to the state bond act to issue any bonds under the provisions of this chapter and F.S. S 336.025. Bonds may
be issued only once per year. Monroe County and any of the municipalities listed in Section 3.20.050 may join together to
issue bonds under this chapter. (Prior code ~ 2-318)
3.20.050 Distribution of proceeds.
A. The proceeds of the tax levied in Section 3.20.010 shall be distributed among Monroe County, the city of Key
West~ the city of Key Colony Beach, and the city of Layton based on the transportation expenditures of each for the itnme-
diately preceding five fiscal years~ as a proportion of the total of such expenditures for Monroe County and the three mu-
nicipalities:
66
3.20.050
Monroe County 62%
City of Key West 35%
City of Key Colony Beach 20/0
City of Layton 1%
B. The proportions set forth above shall be recalculated in 1990 according to the method set forth in F.S.
S 336-025(3){a){ 1). However, ifno interlocal agreements are entered into with the various municipalities by June 1, 1990,
the Monroe County board of county cOlnmissioners shall recalculate the proportions according to the method set forth in
F.S. S 336.025(4)(a), by July 1,1990.
C. No recalculation Inade under subsection B of this section shall under any circumstances adversely affect the rights
of holders of bonds outstanding on July 1, ] 990, which are backed by the tax authorized by this chapter; and the alTIOunts
distributed 1[0 Monroe County and each municipality shall not be reduced below the amount necessary for the paYlnent of
principal and interest and reserves for principle interest as required under the covenants of any bond resolution outstanding
on July I, 1990. (Prior code S 2-319)
67
3.24.010
Chapter 3.24
PROPERTY l'AXES
Sections:
3.24.0 I 0
3.24.020
Land authority exempt from non-ad valorem assessments.
Homestead exemption for certain persons age sixty-five or older.
3.24.010 Land authority exempt from non-ad valorem assessments.
Real property owned by the land authority ~ created pursuant to Chapter 9 .88~ Monroe County Code~ is declared to be
exetnpt frotn the paytnent of all non-ad valoretn assesstnents. (Prior code 9 2- ] 5.7)
3.24.020 Homestead exemption for certain persons age sixty-five or older.
A. Definitions.
~"I--Iousehold~~ Ineans a person or group of persons living together in a room or group of rootns as a housing unit but the
term does not include persons boarding in or renting a portion of the dwelling.
~"Household incotne" means the adjusted gross incotne~ as defined in Section 62 of the United States Internal Revenue
Code~ of alllnembers of a household.
B. Grant of Additional Hotnestead Exemption to Certain Persons Sixty-five or Older.
1. The board of county commissioners grants an additional homestead exetnption of twenty-five thousand dollars
($25~000.00) to any person who has the legal or equitable title to real estate and maintains thereon permanent residence as
owner~ who has attained the age of sixty-five (65)~ and whose household income does not exceed twenty thousand dollars
($20~000.00)~ or the inflation adjusted atnount provided for in F.S. ~ ) 96.075(3).
2. The exenlption granted in subsection (A)( 1) of this section applies only to taxes levied by the board of county COln-
missioners.
3. Any taxpayer claiIning the exemption granted in subsection (A)( 1) of this section must annually sublnit to the prop-
erty appraiser~ not later than March ] st~ a sworn statement of household income on a form prescribed by the Departtnent of
Revenue. (Prior code ~~ 2-280~ 2-281)
68
3.28.0]0
Chapter 3.28
SALES SURTAX
Sections:
3.28.010
3.28.020
3.28.030
3.28.040
3.28.050
3.28.060
Levied.
Distribution of funds.
Duration of surtax.
Expenditure of funds.
Effect on existing fees, taxes.
Bonds.
3.28.010 Levied.
There is levied in the unincorporated and incorporated areas of Monroe County ~ Florida~ a sales surtax of one percent on
those transactions taxable under F.S. S 212.054. (Prior code S 2-51 ])
3.28.020 Distribution of funds.
The funds collected pursuant to this chapter shall be distributed among the various municipalities and the county accord-
ing to the formula set forth in F.S. S 2]8.62. (Prior code S 2-512)
3.28.030 Duration of surtax.
The surtax authorized by this chapter shall be collected commencing on November 1 ~ ] 989., and continuing through De-
cember 31 ~ 2003. (Prior code S 2-513)
3.28.040 Expenditure of funds.
A. Th(~ funds so collected, and interest accrued thereto~ shall be expended within the unincorporated areas of the
county and the various municipalities for the following capital infrastructure projects all of which have a life expectancy in
excess of fifteen (] 5) years, such as: recreational facilities, courthouses., parking, offices~ roads~ bridges., airport improve-
ments., libraries~ piers~ auditoriums~ riprap/seawalls~ storm sewers, solid waste facilities, jails and police/fire facilities.
B. Nothing contained in this section~ however~ shall be construed to prohibit the hiring of out-of-county or out-of-city
contractors lOr subcontractors or construed to prohibit the purchasing of any necessary material outside of the county or the
various municipalities.
C. In addition to the capital infrastructure projects described in subsection A of this section the funds so collected, and
interest accrued thereto~ lnay also be expended on any public purpose but only if:
1. Th(~ debt service obligation for the year is met~ and
2. Th(~ county's comprehensive plan has been determined to be in compliance with Part II ofF.S. Ch. 163. (Prior code
S 2-5 14)
3.28.050 Effect on existing fees, taxes.
No funds collected pursuant to this chapter, or any interest accrued thereto~ shall be used to replace any user fees, includ-
ing impact fees, or to reduce ad valorem taxes, any of which were in existence on October 31, 1989. (Prior code ~ 2-5] 5)
3.28.060 Bonds.
The county and the various municipalities may pledge the funds raised pursuant to this chapter for the purpose of servic-
ing new bond indebtedness incurred pursuant to general law . All bond proceeds~ less administration fees and expenses~ may
only be utilized for the purposes set forth in Section 3.28.040. Bonds shall not be issued more frequently than once per year.
The county and any, or all~ of the various municipalities lnay join together for the issuance of such bonds. (Prior code
~2-5]6)
69
3.32.010
Chapter 3.32
TOURIST DEVELOPMENT TAX
Sections:
3.32.010
3.32.020
3.32.030
3.32.040
3.32.050
3.32.060
Levy of tourist development tax.
Collection.
Tourist development plan..
Penalties and liens.
Repeal of the tourist development tax.
Modification of tourist development plan.
3.32.010 Levy of tourist development tax.
A. There shall be levied throughout the incorporated and unincorporated areas of Monroe County~ Florida.. a tourist
developlnent tax at a rate of three percent of each whole and major fraction of each dollar of the total rental charged every
person who rents~ leases or lets for consideration any living quarters or accommodations in any hotel~ apartlnent hotel~ lno-
tel~ resort motel~ apartment lnotel~ roolninghouse~ tourist or trailer camp or condolninium for a term of six months or less.
When receipt of consideration is by way of property other than money ~ the tax shall be levied on the fair market value of
such nonmonetary consideration.
B. The tourist development tax shall be in addition to any other tax levied pursuant to F .S. Ch. 212~ and in addition to
all other taxes~ fees and the consideration for rental or lease.
C. The tourist development tax shall be charged by the person receiving the consideration for the lease or rental~ and it
shall be collected froln the lessee~ tenant or customer at the tilne of payment of the consideration for such lease or rental.
(Prior code * 2-297)
3.32.020 Collection.
A. Pursuant to the provisions ofF.S. ~ 125.0 I 04( I O)~ Monroe County shall collect and administer the tourist develop-
ment tax locally. Initial collection of the tax shall continue to be made in the same manner as the tax imposed under Part I of
F.S. Ch. 212. The Monroe County tax collector shall be responsible for the collection and adlninistration of the tax. A per-
son receiving the consideration for rental or lease paYlnents shall receive.. account for~ and remit the tax thereon to the Mon-
roe County tax collector at the time and in the manner provided for persons who collect and remit taxes under F.S. ~ 212.03.
The same duties and privileges imposed by F .S. Ch. 212~ upon dealers in tangible property respecting the remission and
collection of tax.. the making of returns, the keeping of books, records and accounts, and payment ofa dealer's credit.. and
compliance with the rules of the Monroe County tax collector in the administration ofF.S. Ch. 212 shall apply to and be
binding upon all persons who are subject to the provisions of this chapter~ provided, however~ the Monroe County tax col-
lector may authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for
such rental or lease for the preceding quarter did not exceed twenty-five dollars ($25.00).
B. Pursuant to F.S. S 125.0 I 04, the Monroe County tax collector shall keep records showing the amount of taxes col-
lected. These records shall be open to the public during the regular office hours of the Monroe County tax collector.
C. Collections received by the Monroe County tax collector from the tax~ less costs of administration of this chapter,
shall be paid and returned, on a Inonthly basis, to the county clerk of the governing board of Monroe County, Florida~ for
use by the county in accordance with the provision of this chapter and shall be placed in the Monroe County tourist devel-
opment trust fund.
D. The Monroe County tax collector is authorized to elnploy persons and incur other expenses to adlninister this chap-
ter.
E. The Monroe County tax collector may promulgate such rules and may prescribe and publish such forms as may be
necessary to effectuate the purposes of this chapter.
F. The Monroe County Clerk of the Court shall perfonn the enforcement and audit functions associated with the col-
lection and relnission of this tax, including~ without limitation, the following:
I. For the purposes of enforcing the collection of the tax levied by this chapter, the clerk is specifically authorized and
empowered to examine at all reasonable hours the books, records and other doculnents of all dealers, or other persons
70
3.32.020
charged with the duty to report or pay a tax under this chapter in order to determine whether they are collecting the tax or
otherwise complying with this chapter.
In the event such dealer refuses to permit such examination of its books~ records or other doculnents by the clerk as
aforesaid~ it is guilty ofa misdemeanor of the first degree~ punishable as provided in F.S. S 775.082 or 775.083. The clerk
shall have the right to proceed in circuit court to seek a mandatory injunction or other appropriate remedy to enforce its right
against the offender~ as granted by this section~ to require an examination of the books and records of such dealer.
2. Each dealer~ as defined in this chapter~ shall secure~ maintain and keep for a period of three years a complete record
of roolns or other lodging~ leased or rented by the dealer~ together with gross receipts from such sales~ and other pertinent
records and papers as may be required by the Monroe County tax collector for the reasonable adlninistration of this chapter
and all such records which are located or Inaintained in this state shall be open for inspection by the clerk at all reasonable
hours at such dealer~s place of business located in the county.
Any dealer who maintains such books and records at a point outside Monroe County must make such books and records
available for inspection by the clerk in Monroe County ~ Florida. Any dealer subject to the provisions of this chapter who
violates these provisions is guilty ofa Inisdemeanor of the first degree~ punishable as provided in F.S S 775.082 or 775.083.
3. a. The clerk shall send written notification~ at least sixty (60) days prior to the date an auditor is scheduled to
begin an audit. The clerk is not required to give sixty (60) days prior notification of a forthcoming audit in any instance in
which the taxpayer requests an emergency audit.
b. Suc:h written notification shall contain:
1. Tht~ approxitnate date on which the auditor is scheduled to begin the audit~
ii. A ft~lninder that all records~ receipts~ invoices~ and related documentation of the taxpayer must be made available to
the auditor~
iii. Any other requests or suggestions the clerk may deem necessary.
c. On ~y records~ receipts~ invoices and related documentation which are available to the auditor when such audit be-
gins shall be deemed acceptable for the purposes of conducting such audit.
4. All taxes collected under this chapter shall be remitted to the Monroe County tax collector. In addition to criminal
sanctions. the city clerk is empowered~ and it shall be his or her duty~ when any tax becomes delinquent or is otherwise in
jeopardy under this chapter to issue a warrant for the full amount of the tax due~ or estimated to be due~ with the interest~
penalties and cost of collection~ directed to all and singular sheriffs of the state~ and shall record the warrant in the public
records of the county~ and thereupon the amount of the warrant shall become a lien of any real property or personal property
of the taxpayer in the same manner as a recorded judgment.
The clerk may issue a tax execution to enforce the collection of taxes imposed by this chapter and deliver it to the sheriff
The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same
fees for his or her services in executing the warrant to be collected.
The clerk may also have a writ of garnishment to subject any indebtedness due to the delinquent dealer by a third person
in any goods~ money~ chattels or effects of the delinquent dealer in the hands~ possession or control of the third person in the
manner provided by law for the payment of the tax due. Upon payment of the execution~ warrant~judgment or garnishment~
the clerk shall satisfy the lien of record within thirty (30) days.
G. Tax revenues may be used only in accordance with the provisions of F. S. S 125.0] 04.
H. An alnount not to exceed three percent of the tax collected herein shall be retained for the costs of administration.
The amount deducted for costs of administration shall be used only for those costs which are solely and directly attributable
to auditing~ assessing and enforcing payment of delinquent taxes authorized by this section. The remainder of the tax col-
lected shall be remitted to Monroe County on a monthly basis.
I. The county assumes responsibility for auditing the records and accounts of dealers and assessing~ collecting and
enforcing paYlnent of delinquent tourist development taxes.
The county adopts any and all powers and authority granted to the state of Florida in F.S. S 125.0]04 and F.S. Ch. 212~
and as further incorporated therein to determine the amount of the tax~ penalties and interest to be paid by each dealer and to
enforce payment of such tax. penalties~ and interest by~ but not lilnited to~ distress warrants~ writ of garnishments and crimi-
nal penalties. as provided in F.S. Ch. 212. (Ord. 022-2004 SS ]2~ 13~ prior code S 2-298)
7]
3.32.030
3.32.030 Tourist development plan.
A. Authorized Uses of Revenue.
I. The first two cents ($0.02) of the three-cent ($0.03) tax shall be spent:
a. To prolnote and advertise Monroe County tourism within domestic and international markets~
b. To promote county festivals., tournaments., races and other tourist-related activities~
c. To prolnote county tourist-oriented cultural events such as visual and performing arts., including but not lilnited to
theater., concerts., recitals., opera., dance., and art exhibitions.
2. The third cent of the three-cent ($0.03) tax shall be expended as follows:
a. To acquire., construct extend., enlarge., remodel., repair., improve., Inaintain., operate or promote one or Inore publicly
owned and operated convention centers., sports stadiulns., sports arenas., coliseums or auditoriulns., within the boundaries of
the county of sub-county special taxing district in which the tax is levied~
b. To acquire., construct., extend., enlarge., relnodel., repair., improve. maintain or prolnote one or more museulns., zoo-
logical parks., fishing piers or nature centers which are publicly owned and operated by not-for-profit organizations and open
to the public. However these purposes may be implemented through service contracts and leases with persons who maintain
and operate adequate existing facilities~
c. To fund convention bureaus., tourist bureaus., tourist information centers., and news bureaus as county agencies or by
contract with the chalnbers of comlnerce or similar associations in the county~
d. To finance beach improvement., maintenance., renourishment., restoration., and erosion controt
e. To finance fishing piers~
f. To advertise and promote the district and/or the county within dOlnestic and internationallnarkets~
g. To promote county festivals., tournaments., races and other tourist-related activities~
h. To prolnote county tourist-oriented cultural events such as visual and perforlning arts., including but not limited to
theater., concerts., recitals., opera., dance., and art exhibitions.
B. Percent Allocations.
1. Five percent of the first two cents ($0.02) gross revenue shall be held outside of the receipts division of the budget
as per F. S. ~ 129.0 I.
2. Up to seven percent of the first two cents ($0.02) net revenue of the resort tax two-penny program prior to distribu-
tion is to be used for the administrative contract., board melnbers travel., administrative computer progralnming., dues and
subscriptions., statistics., administrative advertising (meeting notices., budget amendments., etc.).
3. Sixty-five (65) percent of the first two cents ($0.02) net revenue is for advertising nationally and internationally.,
trade mail fulfillment., and trade show expenditures.
4. The remaining thirty-five (35) percent of the first two cents ($0.02) net revenue constitute the events budget.,
including public relations fees and expenses and mail fulfillment consumer expenses.
5. Five percent of the third-cent gross revenue shall be held outside of the receipts division of the budget as per F.S.
~ 129.0l.
6. Up to three percent of the third-cent net revenue shall be maintained for administration of third-cent expenditures.
7. Upon the recommendation of the advisory board for the district., the remaining balance of the third-cent net revenue
shall be expended for the district from which it is generated for the purposes authorized in subsection (A)(2) of this section.,
but the advisory board shall have no final authority to require implelnentation of its recolnmendation.
8. A separate account shall be established for the administration of the third-cent gross revenues.
9. a. In the event that an emergency or catastrophe occurs and a state of emergency is declared in any area of the
county., the above allocations shall not apply to the use of tourist development moneys set aside for emergencies and catas-
trophes.
b. The catastrophic/emergency fund may be spent for marketing., public relations and capital costs as the county com-
mission., upon recomlnendation of the TDC., shall deem in the best interests of the county.
c. Advance Registration Costs. Costs of advance registrations for trade shows for a fiscal year may be paid out of
tourist development funds in the preceding fiscal year pursuant to resolution of the board of county commissioners. (Prior
code ~ 2-300)
72
3.32.040
3.32.040 Penalties and liens.
A. Any person who is taxable hereunder who fails or refuses to charge and collect froln the person paying any rental or
lease the taxes herein provided~ either by himself or herself or through his or her agents or elnployees~ shall be~ in addition
to being personally liable for the paYlnent of the tax~ guilty ofa Inisdemeanor of the second degree, punishable as provided
in F.S. S 775.082 or 775.083.
B. No person shall advertise or hold out to the public in any manner~ directly or indirectly~ that he or she will absorb
all or any part of the tax~ or that he or she will relieve the person of paying the rental of the paYlnent of all or any part of the
tax~ or that the tax will not be added to the rental or lease consideration~ or when added~ that it or any part thereof will be
refunded or refused~ either directly or indirectly, by any method whatsoever. Any person who wilfully violates any provi-
sion of this subsection shall be guilty of a misdemeanor of the second degree~ punishable as provided in F.S. S 775.082,
775.083 or 775.084. COrd. 022-2004 ~ 14~ prior code S 2-301)
3.32.050 Repeal of the tourist development tax.
Upon petition of fifteen (15) percent of the electors in the unincorporated and incorporated areas of Monroe County~ the
board of county comlnissioners shall cause an election to be held for the repeal of the tourist development tax. (Prior code
S 2-302)
3.32.060 Modification of tourist development plan.
This chapter may not be substantially amended except by ordinance enacted by a four-fifths majority vote of the board of
county commissioners. (Prior code ~ 2-313)
73
3.36.010
Chapter 3.36
TOURIST IMPACT TAX IN CRITICAL AREAS
Sections:
3.36.010
3.36.020
Tourist impact tax in areas of critical concern-Monroe County.
Tourist impact tax in areas of critical concern-City of Key West.
3.36.010 Tourist impact tax in areas of critical concern-Monroe County.
A. Pursuant to the provisions of F .S. ~ 125.0108, there is levied and imposed a tourist impact tax within the area of
Monroe County designated areas of critical state concern by F.S. S~ 380.055 and 380.0552 and Chapter 28-36, F.A.C., and
27F-3, F.A.C., upon the privileges and in the amount described in subsections Band C of this section.
B. Every person who rents., leases., or lets for consideration any living quarters or accommodations in any hotel.,
apartment hotel., motel., resort motel., apartlnent, apartment motet roominghouse., mobileholne park, recreational vehicle
park., or condominium for a term of six months or less., unless such establishnlent is exempt froln the tax imposed by F.S.
~ 212.03., is exercising a taxable privilege on the proceeds therefrom under this section.
C. The tourist impact tax shall be levied at the rate of one percent of each dollar and major fraction thereof of the total
consideration charged for such taxable privilege. When receipt of consideration is by way of property other than money., the
tax shall be levied and imposed on the fair lnarket value of such nonmonetary consideration.
D. The tourist impact tax shall be in addition to any other tax imposed pursuant to Chapter 212., Laws of Florida., and
in addition to all other taxes and fees and the consideration for the taxable privilege.
E. The tourist impact tax shall be charged by the person receiving the consideration for the taxable privilege., and it
shall be collected from the lessee., tenant, or customer at the time of payment of the consideration for such taxable privilege.
F. 1. Pursuant to the provisions ofF.S. ~ 125.0104(10)., Monroe County shall collect and administer the tourist im-
pact tax locally. Initial collection of the tax shall continue to be made in the saIne lnanner as the tax ilnposed under Part I of
F.S. Ch. 212. The Monroe County tax collector shall be responsible for the collection and administration of the tax. A per-
son receiving the consideration for rental or lease payments shall receive., account for, and relnit the tax thereon to the Mon-
roe County tax collector at the tilne and in the Inanner provided for persons who collect and remit taxes under F.S. ~ 212.03.
The same duties and privileges imposed by F.S. Ch. 212., upon dealers in tangible property respecting the relnission and
collection of tax., the making of returns., the keeping of books., records and accounts., and paYlnent ofa dealer"s credit., and
cOlnpliance with the rules of the Monroe County tax collector in the administration ofF.S. Ch. 212 shall apply to and bind-
ing upon all persons who are subject to the provisions of this chapter~ provided., however., the Monroe County tax collector
may authorize a quarterly return and payment when the tax relnitted by the person receiving the consideration for such
rental or lease for the preceding quarter did not exceed twenty-five dollars ($25.00).
2. Pursuant to F.S. ~ 125.0104., the Monroe County tax collector shall keep records showing the amount of taxes col-
lected. These records shall be open to the public during the office hours of the Monroe County tax collector., subject to the
provisions ofF.S. ~ 213.053.
3. Collections received by the Monroe County tax collector from the tax., less costs of administration of this section.,
shall be paid and returned, on a monthly basis to the county clerk of the governing board of Monroe County., Florida., for use
by the county in accordance with the provision of this section.
4. The Monroe County tax collector is authorized to employ persons and incur other expenses to administer this sec-
tion.
5. The Monroe County tax collector may promulgate such rules and may prescribe and publish such fonns as lnay be
necessary to effectuate the purpose of this section.
6. The Monroe County clerk of the court shall perform the enforcement and audit functions associated with the collec-
tion and remission of this tax., including., without lilnitation., the following:
a. For the purposes of enforcing the collection of the tax levied by this section., the clerk is specifically authorized and
empowered to examine at all reasonable hours the books., records and other documents of all dealers., or other persons
charged with the duty to report or pay a tax under this section., in order to detennine whether they are collecting the tax or
otherwise complying with this section. In the event such dealer refuses to permit such examination of its books., records., or
other documents by the clerk as aforesaid., it is guilty of a Inisdemeanor of the first degree., punishable as provided in F.S.
74
3.36.010
9 775.082, 775.083 or 775.0835. The clerk shall have the right to proceed in circuit court to seek a lnandatory injunction or
other appropriate remedy to enforce its right against the offender, as granted by this section, to require an examination of the
books and records of such dealer.
b. Each dealer, as defined in this section, shall secure, lnaintain and keep for a period of three years, a complete record
of rooms or other lodging, leased or rented by the dealer, together with gross receipts from such sales, and other pertinent
records and papers as may be required by the Monroe County tax collector for the reasonable adlninistration of this section
and all such records which are located or maintained in this state shall be open for inspection by the clerk at all reasonable
hours at such dealer's place of business located in the county. Any dealer who maintains such books and records at a point
outside Monroe County must Inake such books and records available for inspection by the clerk in Monroe County, Florida.
Any dealer subject to the provisions of this section who violates these provisions is guilty of a misdelneanor of the first de-
gree, punishable as provided in F.S. ~ 775.082, 775.083 or 775.0835.
c. i. The clerk shall send written notification, at least sixty (60) days prior to the date an auditor is scheduled to
begin an audit. The clerk is not required to give sixty (60) days prior notification of a forthcoming audit in any instance in
which the taxpayer requests an emergency audit.
ii. Such written notification shall contain:
(A) The approximate date on which the auditor is scheduled to begin the audit~
(8) A reminder that all records, receipts, invoices, and related doculnentation of the taxpayer must be made available to
the auditor~
(C) Any other request or suggestions the clerk may deem necessary.
iii. Only records, receipts, invoices and related documentation which are available to the auditor when such audit be-
gins shall be deemed acceptable for the purposes of conducting such audit.
d. All taxes collected under this section shall be remitted to the Monroe County tax collector. In addition to criminal
sanctions, the clerk is empowered, and it shall be his or her duty, when any tax becomes delinquent or is otherwise injeop-
ardy under this section, to issue a warrant for the full amount of the tax due, or estimated to be due, with the interest, penal-
ties and cost of collection, directed to all and singular sheriffs of the state, and shall record the warrant in the public records
of the county~ and thereupon the amount of the warrant shall become a lien of any real property or personal property of the
taxpayer in the same manner as a recorded j udgelnent.
The clerk may issue a tax execution to enforce the collection of taxes imposed by this section and deliver it to the sheriff
The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same
fees for his or her services in executing the warrant to be collected. The clerk may also have a writ of garnishment to subject
any indebtedness due to the delinquent dealer by a third person in any goods, money, chattels, or effects of the delinquent
dealer in the hands, possession, or control of the third person in the manner provided by law for the paYlnent of the tax due.
Upon paYlnent of the execution, warrant, judgment, or garnishment, the clerk shall satisfy the lien of record with in th irty
(30) days.
7. Tax revenues may be used only in accordance with the provisions of F .s. 9 125.0108.
8. An amount not to exceed three percent of the tax collected herein shall be retained for the costs of administration.
The amount deducted for costs of administration shall be used only for those costs which are solely and directly attributable
to auditing, assessing and enforcing payment of delinquent taxes authorized by this section. The remainder of the tax col-
lected shall be remitted to Monroe County on monthly basis.
a. The county assumes responsibility for auditing the records and accounts of dealers and assessing, collecting and
enforcing payment of delinquent tourist impact taxes. The county adopts any and all powers and authority granted to the
state of Florida in F.S. ~ 125.0104(10), and F.S. Ch. 212, and as further incorporated therein to determine the amount of the
tax, penalties, and interest to be paid by each dealer and to enforce payment of such tax, penalties, and interest by, but not
limited to, distress warrants, writ of garnishments and criminal penalties as provided in F.S. Ch. 212.
G. All tax revenues received by the county pursuant to this section shall be distributed as follows:
1. Fifty (50) percent shall be transferred to the Monroe County land authority to be created by ordinance, the same to
be used to purchase property in the areas described in subsection A of this section. An amount not to exceed five percent
lnay be used for administration and other costs incident to such purchases.
2. Fifty (50) percent shall be distributed to the board of county commissioners to be deposited in the general fund of
Monroe County. Such proceeds shall be used for ad valorem tax containment.
75
3.36.020
H. Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying the taxable
privilege the tax herein provided, either by hilnst.,lf or herself or through his or her agents or employees, is, in addition to
being personally liable for the paYlnent of the ta\ guilty of a Inisdelneanor of the second degree, punishable as provided in
F.S. ~ 775.082 or 775.083.
I. No person shall advertise or hold out to the public in any Inanner. directly or indirectly, that he or she will absorb
all or part of the tax, that he or she will relieve the person paying for the taxable privilege of the payment of all or any part
of the tax, or that the tax will not be added to the consideration for the taxable privilege or, when added, that it or any part
thereofwill be refunded or, refused, either directly or indirectly, by any method whatsoever. Any person who wilfully vio-
lates any provision of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in F.S.
~ 775.082 or 775.083.
J. The tax authorized to be levied by this section shall constitute a lien on the property of the business, lessee, cus-
tOlner, or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in F.S. 9~ 713.67,
713.68, and 713.69. (Ord. 022-2004 ~ 15; prior code ~ 2-571)
3.36.020 Tourist impact tax in areas of critical concern-City of Key West.
A. Pursuant to the provisions of F .S. ~ 125.0108, there is levied and imposed a tourist impact tax within the area of
Monroe County designated as an area of critical state concern by F.S. ~ 380.0552, and Chapter 28-36, F.A.C., upon the
privileges and in the alnount described in subsections Band C of this section.
B. Every person who rents, leases, or lets for consideration any living quarters or accomlnodations in any hotel,
apartment hotel, motel, resort motel, apartlnent, apartment motel, roolninghouse, mobilehome park, recreational vehic Ie
park, or condolninium for a term of six months or less, unless such establishment is exempt from the tax ilnposed by F.S.
S 212.03, is exercising a taxable privilege on the proceeds therefrom under this section.
C. The tourist ilnpact tax shall be levied at the rate of one percent of each dollar and major fraction thereof of the total
consideration charged for such taxable privilege. When receipt of consideration is by way of property other than money, the
tax shall be levied and imposed on the fair market value of such nonlnonetary consideration.
D. The tourist impact tax shall be in addition to any other tax im posed pursuant to Chapter 212, Laws of Florida, and
in addition to all other taxes and fees and the consideration for the taxable privilege.
E. The tourist inlpact tax shall be charged by the person receiving the consideration for the taxable privilege, and it
shall be collected froln the lessee, tenant, or customer at the time of payment of the consideration for such taxable privilege.
F. 1. Pursuant to the provisions ofF.S. 9 125.0104(10), Monroe County shall collect and administer the tourist im-
pact tax locally. Initial collection of the tax shall continue to be made in the same Inanner as the tax imposed under Part I of
F.S. Ch. 212. The Monroe County tax collector shall be responsible for the collection and administration of the tax. A per-
son receiving the consideration for rental or lease paYlnents shall receive, account for, and relnit the tax thereon to the Mon-
roe County tax collector at the tilne and in the manner provided for persons who collect and remit taxes under F.S. ~ 2] 2.03.
The saIne duties and privileges imposed by F.S. Ch. 212, upon dealers in tangible property respecting the relnission and
collection of tax, the making of returns, the keeping of books, records and accounts, and payment ofa dealer's credit, and
compliance with the rules of the Monroe County tax collector in the administration ofF.S. Ch. 212 shall apply to and be
binding upon all persons who are subject to the provisions of this chapter; provided, however, the Monroe County tax col-
lector Inay authorize a quarterly return and payment when the tax remitted by the person receiving the consideration for
such rental or lease for the preceding quarter did not exceed twenty-five dollars ($25.00).
2. Pursuant to F.S ~ 125.0104, the Monroe County tax collector shall keep records showing the alnount of taxes col-
lected. These records shall be open to the public during the regular office hours of the Monroe County tax collector, subject
to the provisions of F.S. ~ 213.052.
3. C:ollections received by the Monroe County tax collector from the tax, less costs of administration of this section,
shall be paid and returned, on a monthly basis to the county clerk of the governing board of Monroe County, Florida, for use
by the county in accordance with the provision of this section.
4. The Monroe County tax collector is authorized to employ persons and incur other expenses to administer this sec-
tion.
5. The Monroe County tax collector may promulgate such rules and Inay prescribe and publish such fonns as may be
necessary to effectuate the purpose of this section.
76
3.36.020
6. The Monroe County clerk of the court shall perform the enforcement and audit functions associated with the collec-
tion and relnission of this tax, including, without limitation, the following:
a. For the purposes of enforcing the collection of the tax levied by this section, the clerk is specifically authorized and
empowered to exalnine at aU reasonable hours the books., records and other documents of all dealers or other persons
charged with the duty to report or pay a tax under this section, in order to detennine whether they are collecting the tax or
otherwise complying with this section. In the event such dealer refuses to pennit such examination of its books., records., or
other doculnents by the clerk as aforesaid, he or she is guilty of a Inisdemeanor of the first degree, punishable as provided in
F.S. ~ 775.082., 775.083 or 775.0835. The clerk shall have the right to proceed in circuit court to seek a mandatory injunc-
tion or other appropriate remedy to enforce its right against the offender., as granted by this section, to require an exalnina-
tion of the books and records of such dealer.
b. Each dealer., as defined in this section., shall secure, maintain and keep for a period of three years., a cOlnplete record
of rooms or other lodging., leased or rented by the dealer, together with gross receipts froln such sales, and other pertinent
records and papers as may be required by the Monroe County tax coUector for the reasonable adlninistration of this section
and all such records which are located or maintained in this state shall be open for inspection by the clerk at an reasonable
hours at such dealer's place of business located in the county. Any dealer who maintains such books and records at a point
outside Monroe County must make such books and records available for inspection by the clerk in Monroe County., Florida.
Any dealer subject to the provision of this section who violates these provisions is guilty ofa misdemeanor of first degree.,
punishable as provided in F.S. ~ 775.082, 775.083 or 775.0835.
c. i. The clerk shall send written notification., at least sixty (60) days prior to the date an auditor is scheduled to
begin an audit. The clerk is not required to give sixty (60) days prior notification ofa forthcoming audit in any instance in
which the taxpayer requests an emergency audit.
ii. Such written notification shall contain:
(A) The approximate date on which the auditor is scheduled to begin the audit;
(B) A reminder that all records., receipts., invoices, and related documentation of the taxpayer must be Inade available to
the auditor~
(C) Any other requests or suggestions the clerk Inay deem necessary.
iii. Only records, receipts., invoices and regulated documentation which are available to the auditor when such audit
begins shall be deemed acceptable for the purposes of conducting such audit.
d. All taxes collected under this section shall be remitted to the Monroe County tax collector. In addition to criminal
sanctions., the clerk is elnpowered., and it shall be his or her duty., when any tax becomes delinquent or is otherwise injeop-
ardy under this section., to issue a warrant for the full amount of the tax due., or estimated to be due, with the interest., penal-
ties and cost of collection, directed to all and singular sheriffs of the state, and shall record the warrant in the public records
of the county~ and thereupon the amount of the warrant shall become a lien of any real property or personal property of the
taxpayer in the saIne Inanner as a recorded judgment.
The clerk may issue a tax execution to enforce the collection of taxes imposed by this section and deliver it to the sheriff
The sheriff shall thereupon proceed in the same manner as prescribed by law for executions and shall be entitled to the same
fees for his or her services in executing the warrant to be collected. The clerk may also have a writ of garnishment to subject
any indebtedness due to the delinquent dealer by a third person in any goods, money, chattels, or effects of the delinquent
dealer in the hands., possession., or control of the third person in the manner provided by law for the payment of the tax due.
Upon payment of the execution, warrant., judgement., or garnishment., the clerk shall satisfy the lien of record within thirty
(30) days.
7. Tax revenues may be used only in accordance with the provisions of F. S. ~ 125.018.
8. An amount not to exceed three percent of the tax collected herein shall be retained for the costs of administration.
The amount deducted for costs of adlninistration shall be used only for those costs which are solely and directly attributable
to auditing, assessing and enforcing payment of delinquent taxes authorized by this section. The remainder of the tax col-
lected shalllbe relnitted to Monroe County on a monthly basis.
a. The county assumes responsibility for the records and accounts of dealers and assessing, collecting and enforcing
payment of delinquent tourist impact taxes. The county adopts any and all powers and authority granted to the state ofFlor-
ida in F.S. S 124.01 04( 1 0)., and F.S. Ch. 212, and as further incorporated therein to determine the amount of the tax., penal-
ties., and interest to be paid by each dealer and to enforce payment of such tax., penalties, and interest by, but not limited to,
distress wan.ants., writ of garnishments and criminal penalties as provided in F.S. Ch. 212.
77
3.36.020
G. All tax revenues received by the county pursuant to this section shall be distributed as follows:
I. Fifty (50) percent shall be transferred to the Monroe County land authority to be created by ordinance~ the same to
be used to purchase property in the area described in subsection A of this section. An amount not to exceed five percent may
be used for adlninistration and other costs incident to such purchases.
2. Fifty (50) percent shall be distributed to the board of county commissioners of Monroe County~ Florida~ to be de-
posited in the general fund of Monroe County. Such proceeds shall be used for ad valorem tax containlnent.
H. Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying for the tax-
able privilege the tax herein provided~ either by himself or herself or through his or her agents or employees~ is~ in addition
to being personally liable for the payable for the payment of the tax~ guilty ofa misdemeanor of the second degree~ punish-
able as provided in F.S. ~~ 775.082~ 775.083 and 775.084.
I. No person shaH advertise or hold out to the public in any manner~ directly or indirectly~ that he or she will absorb
all or any part of the tax~ that he or she will relieve the person paying for the taxable privilege of the payment of all or any
part of the tax~ or that the tax will not be added to the consideration for the taxable privilege or~ when added~ that it or any
part thereof will be refunded or refused~ either directly or indirectly~ by any method whatsoever. Any person who wilfully
violates any provision of this subsection is guilty of a misdemeanor of the second degree~ punishable as provided in F.S.
~ 775.082~ 775.083~ or 775.084.
J. The tax authorized to be levied by this section shall constitute a lien on the property of the business~ lessee~ cus-
tomer or tenant in the same Inanner as.. and shall be collectible as are~ liens authorized and iInposed in F. S. ~ ~ 713.67..
713.68~ and 713.69. (Prior code ~ 2-572)
78
Sections:
3.40.010
3.40.020
3.40.030
3.40.040
3.40.050
3.40.060
3.40.070
3.40.080
3.40.090
3.40.100
3.40.110
3.40.120
3.40.010
Chapter 3.40
CAPITAL PROJECTS
Authorization of projects.
Funding of art in new public construction and major renovation projects.
Authorization of bonds.
Refunding bonds.
Security for bonds.
Bonds legal investments.
No referendum required.
Costs of projects.
No impairment of contract.
Bonds negotiable instruments.
Chapter to be supplemental authority.
Power of board.
3.40.010 Authorization of projects.
The board of county commissioners of Monroe County ~ Florida (hereinafter called "board" and Hcounty~" respectively) is
authorized to acquire~ construct and equip capital projects~ from time to time~ in the unincorporated areas of the county.
(Prior code ~ 2-332)
3.40.020 Funding of art in new public construction and major renovation projects.
The board of county commissioners recognizes the extent of cultural resources available in the county for developlnent~
promotion~ and enjoyment of the arts. It is the intent ofthe~ county commission by enacting this section to enrich culturally
and benefit the citizens of this county through the establishment of art in public places.
A. Ont~ percent of the construction costs for county construction~ except for any sewage treatment plant~ shall be set
aside for th{~ acquisition~ commission~ installation and maintenance of works of art in such buildings. This appropriation
shall apply only to new construction exceeding five hundred thousand dollars ($500~000.00) or renovations exceeding one
hundred thousand dollars ($1 OO~OOO.OO) in cost.
I. Construction costs do not include architectural and engineering fees~ asbestos abatement or other environmental
preparation~ site work or contingency costs.
2. All construction costs to be used for determining the amount of the art-in-public-places appropriation shall be cal-
culated as of the date the construction contract is executed.
3. Sevvage treatment plants shall be exempt from mandatory appropriations for art in public places.
B. Tht~ art-in-public places appropriations and gifts~ grants and donations made to the county for the purpose of acquir-
ing and installing art in public places shall be separately accounted for and may be used only for the following purposes: to
acquire~ conlmission~ install~ or maintain art in public places. (Prior code S 2-332(A))
3.40.030 Authorization of bonds.
The county is authorized to issue bonds~ from time to time~ in an amount sufficient to pay the costs of the capital pro-
jects. Such bonds may be in coupon form or fully registered form~ may be in such denomination~ may bear such rate or rates
of interest not exceeding the maximum rate authorized by law ~ and may mature on a date or dates not exceeding forty (40)
years from their respective dates ofissuance~ all as shall be determined by the board prior to their issuance. The bonds may
be made redl~elnable before maturity~ at the option of the board~ at such price or prices and under such terms and conditions
as may be fixed by the board prior to their issuance. The board shall determine the place or places of payment of the princi-
pal ot: redenlption prelnium~ ifany~ and interest on the bonds which may be at any bank or trust company within or without
the state of Florida. The bonds shall be signed either by the manual or facsimile signatures of the chairperson and clerk of
the board~ provided that such bonds shall bear at least one signature which is manually executed thereon. The coupons~ if
any~ attached to such bonds shall bear the facsimile signatures of such officers. The bonds shall have the seal of the board
79
3.40.040
affixed~ itnprinted~ reproduced or lithographed thereon~ all as may be prescribed in the resolution authorizing the issuance
thereof. The bonds may be sold either at public or private sale at such price or prices and upon such conditions~ consistent
with general law ~ as the board shall detennine to be in its best interest. (Prior code ~ 2-333)
3.40.040 Refunding bonds.
Subject to the lilnitations contained in Section 3.40.030, the board may issue bonds (hereinafter called ~~refunding
bonds") to refund any bonds issued pursuant to this chapter and provide for the rights of the holders thereof. The refunding
bonds Inay be issued in an alnount sufficient to pay:
A. The principal of the outstanding bonds~
B. The interest due and payable on the outstanding bonds to and including the first date upon which the outstanding
bonds shall be callab Ie prior to Inaturity, or the dates upon which the principal thereof shall mature~ or any date or dates in
between~
C. The redelnption prelniuln, if any~ and
D. Any expenses of the issuance and sale of the refunding bonds. (Prior code 9 2-334)
3.40.050 Security for bonds.
The principal of, redelnption premiuln, if any, and interest on the bonds shall be payable from the portion of the racetrack
funds andjai alai fronton funds accruing annually to the county under the provisions ofF.S. Chs. 550 and 551, and allocated
to the board pursuant to law, legally available for such purpose, and, at the option of the board, may be additionally payable
from any other funds derived by the county from sources other than ad valorem taxation and legally available for such pur-
pose. The principal of and interest on the refunding bonds shall be payable from such portion of the racetrack funds and jai
alai fronton funds and/or any other funds of the county derived from sources other than ad valorem taxes and legally avail-
able therefor. (Prior code ~ 2-335)
3.40.060 Bonds legal investments.
The bonds and the refunding bonds shall be legal investments for any state, county, municipal or other public funds~ for
any bank, savings bank, trustee, executor or guardian~ and for any trust or fiduciary funds whatsoever. The bonds and the
refunding bonds shall also be legal securities which may be deposited by any bank or trust company for the security of state~
county, municipal and other public funds. (Prior code ~ 2-336)
3.40.070 No referendum required.
No referendum or election of the qualified electors in the county shall be required for the exercise of any of the provi-
sions of this chapter, unless such referendum or election is required by the Constitution of the state of Florida. (Prior code
~ 2-337)
3.40.080 Costs of projects.
The costs of the capital projects shall be deemed to include but shall not be limited to the cost of the acquisition of sites~
legal, engineering, fiscal and architectural fees and fees of any other experts or consultants employed by the board; engi-
neering or architectural studies, surveys, plans and designs~ the expense of the issuance, authorization and sale of bonds or
refunding bonds~ including advertisement~ notices and other proceedings in connection therewith; the capitalization of inter-
est for a reasonable period after issuance of the bonds~ the capitalization of reasonable reserves for debt service on the bonds
or refunding bonds~ bond discount, ifany~ the premiulns for policies oflnunicipal bond insurance~ and other such purposes
as are necessary, incidental or appurtenant to the purposes authorized hereunder. (Prior code S 2-338)
3.40.090 No impairment of contract.
The board will not enact any ordinance or adopt any resolution which will repeal, impair or amend, in any Inanner, the
rights of the holders of the bonds or refunding bonds or the security of the racetrack funds or jai alai fronton funds or other
non-ad-valorem funds which may be pledged to the payment of the principal of, redemption prelnium, ifany, and interest on
such bonds or refunding bonds. (Prior code ~ 2-339)
80
3.40.100
3.40.100 Bonds negotiable instruments.
Bonds or refunding bonds issued pursuant to this chapter shall be negotiable instrulnents under the laws of the state of
Florida. (Prior code ~ 2-340)
3.40.110 Chapter to be supplemental authority.
This chapter shall not be deemed to repeal or supersede any special law ~ but shall be considered as supplemental and
additional authority to the board and the county to carry out and perfonn the powers authorized herein. (Prior code ~ 2-341)
3.40.120 Power of board.
All power and authority granted to the county by the provisions of this chapter shall be exercised by the board or its suc-
cessors~ as the governing body of the county. (Prior code ~ 2-343)
81
3.44.0 1 0
Chapter 3.44
REIMBURSEMENT OF EXPENSES FOR FIRE
AND RESCUE PERSONNEL
Sections:
3.44.010
3.44.020
3.44.030
3.44.040
3.44.050
Findings of fact.
Personnel affected.
Funds to be budgeted in districts.
Required agreements.
Authority to promulgate rules and regulations.
3.44.010 Findings of fact.
The board of county commissioners does find that since the volunteer fire and rescue personnel in the special taxing dis-
tricts created by Ordinance No. 031-1988 and Districts 5 and 6 set up for the protection of the lives and property of the citi-
zens of Monroe County render a service which is utterly essential and necessary for this type of protection that under the
provisions creating the lnunicipal services of a taxing district under F .S. ~ 125.0 1(1 )( q), that certain reimbursement provi-
sions should be maintained for such volunteer personnel. It is the intent of this body to therefore create and permit the reiln-
bursement of such volunteers not to exceed four hundred (400) in nUlnber so that the services may be maintained at a high
and realistic standard. In so doing, the board of county commissioners do find sufficient funds are available and prescribed
in the budget of the various special taxing districts hereinabove recited: The Fire and Ambulance District I, and District 6.
FrOln the district budgets, the funds shall be expended on a contractual basis to each volunteer, a copy of the specilnen con-
tract being hereto attached and lnade a part hereof by direct reference. (Prior code ~ 2-260)
3.44.020 Personnel affected.
The personnel to be affected by this chapter shall be those volunteers in both the fire/rescue departlnents and elnergency
Inedical service departlnents of all of the special taxing districts hereinabove enumerated but who also work for and on be-
half of the following organizations: Stock Island Volunteer Fire Department, Inc.; Big Coppitt Volunteer Fire Departlnent,
Inc.; SugarloafKey Volunteer Fire Departlnent, Inc.; Big Pine Key Volunteer Fire Department, Inc.; Marathon Volunteer
Fire and Rescue, Inc.; Conch Key Volunteer Fire Department and Rescue Squad, Inc.; Layton Volunteer Fire Departlnent
Inc.; IslalTIorada Volunteer Fire, Ambulance and Rescue Corps, Inc.; Tavernier Volunteer Fire Department and Alnbulance
Corps., Inc.; Key Largo Volunteer Fire Department, Inc.; and Key Largo Volunteer Ambulance, Inc.
All of the corporate names that appear in the preceding paragraph except the Key Largo Volunteer Fire Department, Inc.
and the Key Largo Volunteer Ambulance, Inc. correspond to Fire and Ambulance, District I. Key Largo Volunteer Fire
Department, Inc. and the Key Largo Volunteer Ambulance, Inc. correspond to Fire and Ambulance, District 6.
The various Inelnbers of the units hereinbefore described shall be compensated on a monthly basis for each budget year
based on an agreelnent entered into by and between the operating corporations and the county commission acting as the
governing body of District 6 and/or District I governing body wherein they are volunteers by agreement entered into and
filed with the special taxing district. The reimbursement schedule shall be set forth in the agreelnent and may be adjusted
from tilne to time as the parties may mutually agree. The county commission as the governing body may also enter into
agreements with the various operating corporations to provide for a length of service awards program and disability and
death benefit insurance for the volunteers. (Prior code ~ 2-26])
3.44.030 Funds to be budgeted in districts.
The funds to be expended under the provisions of this chapter shall be set forth in the budget of the respective special
taxing districts as is enulnerated in the caption and hereinabove. (Prior code ~ 2-262)
3.44.040 Required agreements.
It is ordained that the various districts reflected in Section 3.44.010 shall be required to enter into agreements with the
corporations performing the services to the various districts as a conditioned precedent to the reimbursement to the volun-
82
3.44.050
teers provided in this chapter. These agreements shall be executed by the presiding officer of the board of each special tax-
ing district and the officers of the operating corporations.
Further any agreements effective beyond September 30, 1988, and entered into with special taxing districts described in
Section] 4.08.0] O(A) through (D), which districts performed the functions of the districts now described as the Lower and
Middle Keys Fire and Ambulance District created by Ordinance No. 03 J - J 988, are ratified, confirmed and adopted as con-
tracts of the Fire and Ambulance, District 1 ~ as if the agreements had originally been entered into with that special taxing
district. (Prior code S 2-263)
3.44.050 Authority to promulgate rules and regulations.
Rules and regulations Inay be promulgated by the various special taxing districts relative to the contents of this chapter to
include the (~ompliance with any laws and/or ordinances that relate to the contents of this chapter~ but it shall not be exclu-
sive of any and all rules required for the beneficial operation of special taxing districts in regard to the welfare of the people
of Monroe C:ounty and their property. (Prior code S 2-264)
83
3.48.010
Chapter 3.48
DRUG ABUSE TRUST FUND
Sections:
3.48.0 10
3.48.020
3.48.030
3.48.040
Created.
Purpose.
Disposition of funds.
Ad m in istration.
3.48.0 I 0 Created.
l'here is created a county drug abuse trust fund. (Prior code ~ 2-496)
3.48.020 Pu rpose.
The purpose of the county drug abuse trust fund is to receive asseSSlnents collected for drug abuse programs and disburse
assistance grants on an annual basis to drug abuse treatment and/or educational progralTIS which meet the standards for
qualification of such progralns by the department of health and rehabilitative services. (Prior code ~ 2-497)
3.48.030 Disposition of funds.
Assessments collected for the county drug abuse trust fund shall be relnitted to and deposited in the county drug abuse
trust fund. (Prior code ~ 2-498)
3.48.040 Administration.
The board of county commissioners shall be responsible for the administration and supervision of the drug abuse trust
fund and shall also designate program recipients of the drug abuse trust fund moneys. (Prior code ~ 2-499)
84
Title 4
APPOINTED BOARDS, COMMISSIONS AND COMMITTEES
Chapters:
4.04
4.08
4.12
4.16
4.20
4.24
4.28
4.32
4.36
Board of Parks and Recreation
Commission on the Status of Women
Examining Board for Construction-Related
Professions and Occupations
Florida Keys Council for the Handicapped
Library Advisory Board
Personnel Policies and Procedures Review
Board
Shared Asset Forfeiture Fund Advisory Board
Monroe County Telecommunications Authority
Monroe County Tourist Development Council
85
4.04.010
Chapter 4.04
BOARD OF PARKS AND RECREATION
Sections:
4.04.010
4.04.020
4.04.030
4.04.040
4.04.050
4.04.060
4.04.070
Created.
Membership.
Term of office.
Officers.
Duties.
Meetings-Reports-Disqualification of members-Compensation.
Funding.
4.04.0 to Created.
There is I~reated in the county a board to be known as the "~Monroe County Board of Parks and Recreation.~~ (Prior code
~ 13.5-16)
4.04.020 Membership.
The board shall consist of five )nelnbers~ one melnber of which shall be appointed by each of the county cOlnmissioners~
all of whom shall be residents of the county. (Prior code S 13.5-17)
4.04.030 Term of office.
The tenn of office for each member of this board upon appointment shall be four years. However~ the initial appoint-
ments of the' five members shall be as follows: commissioners from Districts 1 ~ 3 and 5 shall each appoint one member to
the board~ whose appointments shall be until January 1 ~ 1985~ commissioners from Districts 2 and 4 shall each appoint one
member~ whose appointments shall be until January 1 ~ 1987. All appointments after January 1~ 1985~ shall be for a period of
four years and shall be rotated in accordance with these staggered terms. All subsequent appointlnents to the board shall be
in accordan(~e with these staggered terms. It shall be the duty of the county administrator upon the passing of this chapter to
select and designate~ in writing~ a county employee to act as liaison with the county administration. The designee~s duty
shall be to nleet with this board and through the county administrator's office make arrangements for any and all aid and
assistance that can be given to this board in the performance of its duties. The county liaison member will be a nonvoting
member of the board. (Prior code ~ 13.5-18)
4.04.040 Officers.
The board at its first Ineeting shall duly organize itself by electing one of its members as the chairperson~ one of its
members as the vice-chairperson and one of its members as secretary. The terms of the officers so elected shall be for one
year~ and tht~ election of new officers shall occur at the first regular meeting called by the board after the selection of new
metnbers as provided for herein. (Prior code ~ 13.5-19)
4.04.050 Duties.
It shall be the duty of the board to:
A. Periodically review the facilities~ programs~ management~ costs and the expenditures for maintenance of the parks~
and for all revenues and funding relative to the parks program in this county for the present existing facilities~
B. Cooperate with other recognized and approved county recreational groups, such as Florida Keys conservation and
recreational council~ the athletic associations~ etc.~
C. From time to time~ make recommendations to the county commission for any and all improvements that are deetned
necessary and appropriate. As part of the duties of this board, the same should study and from time to time make recom-
mendations for additional facilities and park recreational areas and the programs to be connected therewith. (Prior code
* 13.5-20)
87
4.04.060
4.04.060 Meetings-Reports-Disqualification of members-Compensation.
It shall be the duty of the board to:
A. Meet at least once each quarter of each year~ giving public notice of the lneeting~ and encouraging public input~
B. Provide to the county comlnission a report at least quarterly (February~ May~ August~ Novelnber) of each year de-
scribing its activities and/or recommendations.
Should any lnember Iniss as lnany as three consecutive meetings~ whether regular Ineetings or special meetings~ that per-
son will be automatically disqualified as a melnber of the board~ and the county commissioner whose appointee this person
represents shall itnmediately appoint a successor for the balance of the unexpired term of the vacant seat on the board.
The lnelnbers of this board shall be reilnbursed only for autolnobile lnileage to attend lneetings of the board~ but no fee
for cOlnpensation other than mileage shall be forthcoming or reimbursed. (Prior code ~ 13.5-21)
4.04.070 Funding.
Funding and service to this board shall be included in the growth lnanagelnent division budget. (Prior code ~ 13.5-22)
88
4.08.0 I 0
Chapter 4.08
COMMISSION ON THE STATUS OF WOMEN
Sections:
4.08.010
4.08.020
4.08.030
4.08.040
4.08.050
4.08.060
4.08.070
Short title.
Establishment of commission and branches.
Terms of members.
Qualifications.
Officers and meetings.
Powers and duties.
Limitation of powers.
4.08.010 Short title.
This chapter shall be known and may be cited as the ~~Monroe County COlnmission on the Status of Women Ordinance.""
(Prior code ~ 14-3 I)
4.08.020 Establishment of commission and branches.
A. Th(~ Monroe County commission on the status of women is created and established. The commission shall consist
of fifteen (15) members appointed by the county comlnission.
B. There are created three regional branches of the commission on the status ofwolnen as follows:
I. The Upper Keys branch of the commission on the status ofwolnen shall serve the area of Monroe County north of
Channel Five Bridge~
2. The Middle Keys branch of the commission on the status of women shall serve the area of Monroe County between
Channel Five Bridge and the southernmost point of the Seven Mile Bridge~ and
3. Tht~ Lower Keys branch of the commission on the status of women shall serve the area of Monroe County south of
the southernlnost point of the Seven Mile Bridge. (Prior code ~ 14-32) .
4.08.030 Terms of members.
All appointments to the commission created by this chapter shall run concurrent with the term of the appointing county
cOlnlnissioner. Appointments to fill any vacancy on the commission shall be for the remainder of the unexpired tenn of of-
fice and shall be made in the same manner as the original appointment. A Inember may be removed for cause only by a ma-
jority vote of the entire membership of the county commission or by unexcused absence of any member of the cOlnmission
on the status. of wOlnen from three regularly scheduled consecutive meetings in one year. Three unexcused absences froln
the commission meetings or the branch meetings., or a combination thereof shall automatically disqualify the melnber froln
service and the chairperson shall certify the same to the county commission. (Prior code ~ 14-33)
4.08.040 Qualifications.
Members of the commission on the status of women shall be residents of the county and shall reside or operate a busi-
ness in the area of the branch to which they are appointed. In order to secure representative membership upon the board., the
county comJnissioners shall appoint fifteen (15) members., which shall be apportioned as follows: five members to the Up-
per Keys branch., five melnbers to the Middle Keys branch., and five members to the Lower Keys branch. Each county
cOlnmissioner shall appoint one member to each branch. (Prior code ~ 14-34)
4.08.050 Officers and meetings.
A. The commission on the status of women shall., by a majority vote of the entire commission., elect the chairperson of
the commission on the status of women and any other officers deemed necessary or desirable of the appointed cOlnlnission
shall constitute a quorum necessary to hold a meeting and take any action. Members shall serve without compensation., but
shall be reimbursed for necessary expenses incurred in the perfonnance of their official duties upon approval by the county
comlnission. The chairperson may call speciallneetings of the commission., and the cOlTIlnission at any meeting may fix and
call a meeting on a future date. At the beginning of each fiscal year a regular schedule of meetings shall be established. Min-
89
4.08.060
Minutes shall be kept of all meetings of the commission. All meetings shall be open to the public., advertised and at least
one regularly scheduled Ineeting shall be held each fiscal year.
B. Each branch shall., by a Inajority vote of the entire branch., elect a branch chairperson., and such other officers as
each branch deems necessary. A simple Inajority of the full branch shall constitute a quoruln necessary to hold a Ineeting
and take any action. Each deputy shall serve without compensation., but shall be reilnbursed for necessary expenses incurred
in the performance of their official duties upon approval by the county cOlnmissioner. Each deputy may call speciallneet-
ings of the branch and the branch at any meeting may fix and call a meeting on a future date. At the beginning of each fiscal
year a regular schedule of Ineetings shall be established. Minutes shall be kept of all meetings of the branch. Alllneetings
shall be open to the public., advertised and at least one regularly scheduled meeting shall be held every three months.
c. The cOlnmission on the status of women shall delegate to each branch in accordance with the resources and abilities
of the lnelnbers such tasks., studies and duties as shall be established froln time to time as goals of the commission., and such
delegation shall be made in a Inanner to elilninate or avoid duplication of effort by the different branches. The cOlnlnission
may also delegate to an individuallnelnber a particular task to serve the purposes authorized in this chapter. (Prior code
~ 14-35)
4.08.060 Powers and duties.
The commission created by this chapter shall have the following duties., functions., powers and responsibilities:
A. To serve in an advisory capacity to the county commission., the county administration., the cOlnlnunity., and all
agencies and persons in the county., in respect to all matters pertaining to the status of women., including but not lilnited to
discrimination against WOlnen., employment ofWOlnen., education of women., establishment of day care centers in the com-
munity and to make periodic reports and recolnlnendations to these bodies in respect to such matters~
B. To make a continuing study of all existing county institutions., facilities and services., and programs dealing with
WOlnen or affecting women., and consider the future needs of this area in respect to such institutions., facilities., services and
progralns~
C. To serve as liaison between the county comlnission and the county administration., and consult with representatives
of the bodies from time to time as requested and necessary in order to carry out the commission's duties and functions~
D. To make studies and have studies made of the problems ofdiscritnination against women employees., increasing the
availability of part-tilne employment for women., establishlnent of day care centers in the community., and attributable
changes towards women in the community., and to formulate and recolnmend plans and progralns for the coordination of the
activities of all govemlnental entities and nongovernmental agencies dealing with these problems~
E. It is the express purpose of this cOlnlnission to serve as a Inediuln for responsible persons to utilize and consult with
in attempting to understand and solve the many complex problems involved with dealing with the status of women., and to
make findings and recolnmendations to the county commission and the county adlninistration regarding such matters as are
presented to the commission~
F. To perfonn such other duties as may from time to tilne be assigned to it by resolution of the county cOlnmission.
(Prior code ~ 14-36)
4.08.070 Limitation of powers.
The power and jurisdiction of the comlnission shall be purely advisory., voluntary and persuasive. The commission shall
not have any power or authority to subpoena or compel the attendance of witnesses. The cOlnmission shall have no power to
appoint county officers or employees or to make policy decisions, or to lnanage., control or administer institutions or pro-
grams relating to the status of women in the county. (Prior code S ] 4-37)
90
Sections:
4.12.010
4.12.020
4.12.030
4.12.040
4.12.050
4.12.060
4.12.070
4.12.080
4.12.090
4.12.010
Chapter 4.12
EXAMINING BOARD FOR CONSTRUCTION-RELATED
PROFESSIONS AND OCCUPATIONS
Created.
A ppointm ent-Secreta ry.
Terms of office-Removal and vacancies.
Organization.
Meetings.
Employees.
Rules and regulations.
Powers and duties.
Status of current license holders.
4.12.010 Created.
The following examining board is created:
A. ()ne person holding an engineering I card~
B. ()ne person holding a contractors J card~
C. ()nl~ person holding a master plumber's card~
D. One person holding a master electrician's card~
E. ()ne person holding a master mechanical card~
F. ()nt~ person, holding any of the foregoing qualifications and having previously served as a regular member of the
contractor"s examining board shall be a designated alternate to serve at any regularly scheduled meeting of the contractor"s
examining board only upon the inability of a quorum to be met in the absence of the alternate~
G. Three persons who are not and have never been., engaged in any of the occupations for which licensing is required
under this chapter and Title 6 of this code and who are not engaged in any related profession. (Prior code ~ 6-83)
4.12.020 Appointment-Secretary.
A. l'ht~ exalnining board shall consist of eight regular voting lnembers and one alternate voting member appointed by
the board of county commissioners. The building official or his or her designated agent shall serve as secretary to the board
and shall have no vote. Legal counsel shall be furnished by the county attorney or his or her designated representative. The
Inembers of the board shall be proportionately representative of the trade or trades related to the subject matter concerned in
the examination and qualifications, and professions within and connected with the particular trades concerned shall be rep-
resented. The eight regular lnember composition shall, at all times, include at least one representative froln each of the
Lower., Middle and Upper Keys of Monroe County. No member of the examining board shall receive any compensation for
duties involved.
B. No officer., director or administrator of a state, county or regional professional or occupational organization or asso-
ciation, while holding such position, shall be eligible to serve as a melnber or the examining board for the profession or oc-
cupation.Each regular member who is a licensed contractor shall have five years of active participation in his or her respec-
tive field and shall be currently involved as a licensed contractor in that field to qualify for appointment. The alternate
member shall be a prior member of the contractor"s examining board and shall be currently involved as a licensed contrac-
tor. (Prior code ~ 6-84)
4.12.030 Terms of office-Removal and vacancies.
A. Each lnember, regular or alternate, shall be selected for a period of three years and shall be permitted to serve no
more than three consecutive terms.
B. Any Jnelnber, regular or alternate, of the exalnining board may be removed from office by a majority vote of the
complete board of county commissioners.
91
4. ] 2.040
C. Any vacancy occurring during the unexpired term of office of any melnber~ regular or alternate~ of the exalnining
board shall be filled by the board of county cOlnmissioners for the unexpired tenn thirty (30) days after such vacancy oc-
curs.
D. Any regular Inelnber of the contractor"s exalnining board who absents himself or herself fro In any three consecu-
tive regular meetings of the contractor~s examining board~ unless excused from such attendance by consent of the board.
expressed by action of record in its officiallninutes. or who is absent froln a total of four regular Ineetings of the board in
any fiscal year without having been excused froln such attendance by consent of the board expressed by action of record in
its officiallninutes shall thereby autolnatically forfeit his or her position and office as a Inember of the contractor's exalnin-
ing board~ and the name of such person shall be autolnatically relnoved from the melnbership of the board ilTIlnediately after
the adjournment of any such third consecutive meeting or any such fourth Ineeting in any fiscal year. as the case Inay be. at
which such melnber has not appeared. The board shall thereupon promptly notify the Inelnber so removed~ and the board of
county cOlnmissioners for Monroe County shall thereupon appoint a new melnber to serve the remainder of the unexpired
term for the lnelnber so removed. (Ord. 038-2003 S 1 ~ prior code ~ 6-85)
4.12.040 Organization.
A. The building official or his or her designated agent shall serve as secretary to the examining board.
B. 'fhe board shall elect a chairperson and such other officers as may be necessary from alnong their melnbers. Tenns
of all otlicers shall be one year beginning with their election. with elections to be held the first meeting in July of each year.
(Prior code ~ 6-86)
4.12.050 Meetings.
A. The exalnining board shall not hold less than four regular meetings each fiscal year~ during the fourth week in Oc-
tober~ January. Aprit and in July.
B. Meetings shall be called by the chairperson of the board and in his or her absence by the vice-chairperson of the
board.
C. All minutes of the board meetings shall be public records~ except those portions of which are of a confidential na-
ture. All minutes shall be kept in the office of the building official.
D. Five melnbers of the board shall constitute a quorum at any Ineeting~ and a majority vote of the Inembers voting
shall be required to make any decision. (Prior code S 6-87)
4.12.060 Employees.
For the purpose of adlninistering this chapter and Chapter 6.16 the examining board may call on the county commission
to furnish such employees as may be necessary to carryon or assist the board in performing its duties. (Prior code ~ 6-88)
4.12.070 Rules and regulations.
The examining board may make such rules and regulations as are consistent with the general policies of this chapter and
Chapter 6.16 as it may deem necessary to carry out the provisions of this chapter and Chapter 6. ] 6~ including the power to
adlninister the oaths. subpoena witnesses and enforce its subpoena in the county court. (Prior code S 6-89)
4.12.080 Powers and duties.
A. The exalnining board shall be the local construction regulation board~ and shall have the following powers:
I. To determine if a license or certificate of competency of any local contractor should be suspended for any violation
of this chapter and Chapter 6.16 and to fix the length of time for such suspension~
2. To call upon melnbers of the industry to advise and assist theln~
3. To determine if a state certified contractor is guilty offraud or has wilfully violated any of the building codes of the
county or has~ within the past twelve (12) months. been found by the local construction regulation board of any other county
or municipality to be guilty of fraud or a wilful building code violation which would have been fraud or a building code
violation if comlnitted in the county~ and
4. To determine if the authority of state certified contractors to obtain a building permit should be revoked~ suspended
or lilnited to obtaining permits with specific conditions and to set the terms of suspension or conditions.
92
4.12.080
B. When the board has reason to believe that any person not licensed by the board or building official has violated any
provision of this chapter and Title 6 of this code which relates to the practice of profession regulated by this board or build-
ing department or any rule adopted pursuant thereto, the board or the building officialtnay issue and deliver to such person
a notice to cease and desist from such violation. In addition, the board may issue and deliver a notice of cease and desist to
any person who aids and abets the unlicensed practice of a profession and/or contracts with such unlicensed person.
I. Code enforcement inspectors acting under the authority of Chapters 1.08 and 1.12 of this code are designated to
enforce the provisions of this chapter and Chapter 6.16.
2. Code enforcement inspectors as designated above may issue a citation for any violation of this chapter and Chapter
6.16 whenever, based upon personal investigation, the code enforcement officer has reasonable and probable grounds to
believe that such a violation has occurred. The citation form shall be prescribed by resolution of the board of county com-
missioners and shall contain the following infonnation:
a. The time and date of issuance~
b. The name and address of the person to whom the citation is issued~
c. The time and date of violation~
d. A brief description of the violation and the facts constituting reasonable cause~
e. The name of the code enforcement officer~
f. The procedure for the person to follow in order to:
I. Pay the civil penalty or contest the citation for violations, or
11. Appear before the contractor's examining board to answer a summons.
C. The applicable civil penalty if the person elects not to contest the citation, which penalty shall be pursuant to the
following schedules:
Fine Schedule
Second Third & Subsequent
Fi rs t (Repeat) (Repeat)
Violation Violation Violation
Unlicensed activity $500.00 $1 000.00 and referral $1000.00 and referral
Aiding and abetting 500.00 1000.00 1000.00
All other violations 1 50.00 250.00 500.00
Repeat violations of unlicensed activity shall be referred to the state's attorney for critninal prosecution. All violations
subsequent to the third violation shall be heard by the contractors examining board under the disciplinary hearing provisions
of this chapter and Chapter 6.16. A repeat violation is any violation on which a fine has been issued or disciplinary action
has been taken where the person had previously had disciplinary action taken against him or her or received a letter ofrep-
rimand in a prior case~ and such definition is to apply: (i) regardless of the chronological relationship of the acts underlying
the various disciplinary actions~ and (ii) regardless of whether the violations in the present and prior disciplinary actions are
of the same or different provisions of Title 6 of this code.
The fine shall be paid to the clerk for the county commission. An administrative fee for costs incurred may be assessed in
the amount of the greater often (10) percent of the fine or one hundred dollars ($100.00). Moneys collected pursuant to this
subsection shall be used to support administrative costs and future enforcement activities against unlicensed contractors.
D. Any party fined pursuant to this section may appeal to the contractor's examining board for a full meritorious hear-
ing in accordance with provisions of Title 6 of this code for adtninistrative hearings by filing a notice for hearing with the
secretary of the contractor's examining board within ten (10) days of receipt of service of a citation.
E. The contractors examining board may impose an administrative fine, pursuant to the provisions of Section
6.16.150(0)(5) or this section for any violations of Title 6 of this code by the contractors exatnining board and in the
atnounts stated in the fine schedule in this section upon a finding of violation when a citation is contested. Pursuant to this
subsection, the board shall conduct a probable cause hearing as to the alleged violation. Upon a finding that probable cause
to believe such violation has occurred, the board shall deny the appeal and impose a civil penalty in an amount no less than
one hundred dollars ($100.00) and no more than the atnount offine possible under Title 6 of this code and may assess costs
93
4.12.090
of the proceedings, including but not limited to costs of personnel, equiplnent and supplies necessary to process the appeal,
not to exceed five hundred dollars ($500.00) in addition to the civil penalty imposed pursuant to subsection C of this section
or Section 6.16.150(D)(5) or the reduced amount pursuant to this subsection, if the board has found lnitigating circulTI-
stances exist.
F. The act for which the citation is issued shall be ceased imlnediately upon receipt of the citation. The person charged
with the violation shall elect either to correct the violation and pay the civil penalty in the Inanner indicated on the citation
or, within ten (10) days of receipt of the citation, exclusive of weekends and legal holidays, request an administrative hear-
ing before the contractor's examining board to appeal the issuance of the citation by the code enforcelnent officer.
G. If the fine is not paid within the time period required above or ordered by the board upon appeal, and ifno exten-
sion has been granted by the board for good cause shown, the board's secretary shall advise the board of the failure to pay
and obtain approval to file as a notice of lien in the official records of the county a certified copy of the order ilTIposing the
fine. The lien may be foreclosed in accordance with F.S. Ch. 162, and Chapters 1.08 and 1.12 of this Code.
H. Upon any final judgment foreclosing such lien, the court shall award to the board all costs as a result of this viola-
tion, including investigation costs, filing fees, court costs, and reasonable attorney's fees.
I. In addition to or in lieu of any other relnedies provided above, the board lnay seek the imposition of a civil penalty
through the circuit court for any violation of the notice to cease and desist. The civil penalty shall be no less than five hun-
dred dollars ($500.00) and no more than five thousand dollars ($5,000.00) for each offense. The court shall award to the
board all costs as a result of this violation, including investigation costs, filing fees, court costs, and reasonable attorney's
fees.
The provisions of this section shall only apply to the provisions of the code adlninistered by the board and the building
department, and this section constitutes the exclusive statement of the board's authority and jurisdiction. (Ord. 023-2003
~~ 1-3~ prior code S 6-90)
4.12.090 Status of current license holders.
Every person who is required to hold a certificate of cOlnpetency, and who holds a current specialty license issued by
Monroe County, on the effective date of Ordinance No. 21-1986, is entitled to a certificate of competency from Monroe
County, subject to the restrictions and limitations of this chapter and Chapter 6.16. (Prior code S 6-91)
94
4.16.010
Chapter 4.16
FLORIDA KEYS COUNCIL FOR THE HANDICAPPED
Sections:
4.16.010
4.16.020
4.16.030
4.16.040
4.16.050
4.16.060
4.16.070
4.16.080
Created-Number of members.
Composition of membership.
Selecting of members by mayor and board of county commissioners.
Selection of chairperson-Term of office of mem bers-Filling of vacancies.
Meetings.
Compensation.
Powers.
Advisory nature of commission-Aid by county staff.
4.16.010 Created-Number of members.
There is created and established a commission to be hereinafter entitled ~~Florida Keys Council for the Handicapped."
The nUlnber of persons on the commission to be appointed by the board of county commissioners shall be five, plus one
designated alternate. (Prior code S 2-370)
4.16.020 Composition of membership.
Members who are appointed to this comlnission shall be representative of any and all organizations or agencies that are
dedicated to the advancelnent of the handicapped or of individuals who have exhibited a dedication and an interest in help-
ing those persons who have handicaps. Two members of this cOlnlnission, shall be handicapped and the other members of
this commission mayor may not be handicapped, using the tenn "handicapped" to be defined as in the Code of Federal
Regulations. Members of this cOlnmission shall either work in or be residents of Monroe County. Melnbers who serve on
this cOlnmission should not be candidates for election to any public office. (Prior code S 2-371)
4.16.030 Selecting of members by mayor and board of county commissioners.
The original cOlnmission appointed under this chapter shall be composed of one member selected by each member of the
Monroe County board of county cOlnmissioners. The board of county commissioners shall appoint a designated alternate to
serve at any regularly scheduled meeting of the council for the handicapped only upon the inability of a quofUln to be met in
the absence of the alternate. (Prior code S 2-372)
4.16.040 Selection of chairperson-Term of office of mem bers-Filling of vacancies.
A. The initial appointments made to this commission shall be for a period of time as is stated hereinafter~ each com-
Inissioner shall appoint at least one member to this commission from the membership of the pre-existing handicapped com-
Inission, selecting individuals who have been most active on the pre-existing commission. These initial appointments shall
serve out the term of their appointment to the pre-existing commission. Subsequent thereto, any and all appointments shall
be for a period of three years. If any vacancy occurs on the commission, the county commission of Monroe County shall
appoint someone in the category designated to the remainder of the unexpired tenn of office. One alternate voting Inember,
appointed by the board of county commissioners, shall serve a term of three years.
B. Melnbers of this commission may be removed without cause only by a Inajority vote of the board of county com-
Inissioners. 'rhe commission herein appointed may discharge and relnove a member thereof who has missed three consecu-
tive meetings without good andjust reason. If one is removed from the comlnission, the chairperson of the cOlTIlnission shall
certify the same to the board of county commissioners, and at the time it is deemed that the vacancy will then occur for that
particular position.
C. Ifvacancies occur on the comlnission, the commission itself shall recommend at least three persons to the board of
county commissioners and from the list, the board of county commissioners shall fill the vacancy. The terms of officers cre-
ated by this chapter shall commence on the first day of January and, consequently, the termination date of any and all ap-
pointlnents ,viII be on the 3 I st day of Decelnber. (Prior code S 2-373)
95
4.16.050
4.16.050 Meetings.
At the initiallneeting of the cOlnlnission created herein an election will be held wherein the cOlnmission will select a
chairperson, a vice-chairperson and a secretary. It will take three persons on this cOmInission to constitute a quorum, which
shall be necessary to hold any Ineeting or take any action whatsoever. The first lneeting of this COlTIlnission shall occur on
the fourteenth day after the comlnission is so selected and designated by the board of county cOlnlnissioners and shall be
presided over by a telnporarily elected chairperson, whose position and authority will be transferred to the elected chairper-
son at the initiallneeting. The chairperson of the cOlnlnission will set the date, time and place of all meetings, but a special
Ineeting may be arranged upon the call of at least four Inelnbers of the cOlnlnission in writing. There shall be at least six
meetings a year. (Prior code ~ 2-374)
4.16.060 Compensation.
No cOlnpensation shall be paid to people selected to this commission, but the board of county commissioners does pro-
vide that any legally incurred travel expenses going back and forth to the meetings of the cOITIlnission shall be cOlnpensated.
(Prior code ~ 2-375)
4.16.070 Powers.
The commission created hereunder shall have the following powers:
A. Advise the board of county commissioners. and \vhen asked by the county commission, make recomlnendations
and suggestions to the county administration on any and all matters that pertain to the status and handling of handicapped
persons' problems. which includes but not be limited to discrimination against handicapped persons~ the elnployment of
handicapped persons~ the vocational and manual training for handicapped persons~ the detennination of the transportation
needs of handicapped persons~ determine the attitudes toward the handicapped persons in the community, and in so doing,
recommend what is, in their judgement, a proper procedure to follow in resolving this and then report the various doings
and findings of the commission to the board of county commissioners of Monroe County~
B. Act in a liaison capacity between the board of county cOITIlnissioners of Monroe County and the people in this
county who are handicapped to the point of consulting with representatives of this body from time to tilne as requested and
necessary in order to carry out the cOlnlnission's functions and duties~
C. When necessary and desirable, initiate studies and have studies made which are in respect to the needs of the handi-
capped, which includes any discrimination or improper actions toward the handicapped in this counts and any method to
investigate in such studies the elnployment, education, and transportation and other problems relating to the handicapped~ to
determine the difficulties involved in the establishment of a residential center for handicapped persons~ the treatlnent of
these people~ recreational services and other facilities for the handicapped~ and problems of attitude or barriers toward the
handicapped~
D. F onnulate and recommend plans and programs for the coordination of activities of all govemlnent entities and non-
govemlnental agencies dealing with problems of the handicapped~
E. Serve as a resource facility to handicapped persons and to those persons who are interested in advancing the wel-
fare of handicapped persons~
F. Solicit and accept funds from persons interested in the activities of the commission herein created as to further the
carrying out of the duties and activities of this commission for the advancement of the handicapped~
G. Fonn other activities that relate to this commission, which shall be referred to them by the board of county commis-
sioners of Monroe County~
H. Annually prepare a report to be submitted to the board of county cOlnmissioners reflecting and showing the study
activities that have been conducted at its request. (Prior code ~ 2-376)
4.16.080 Advisory nature of commission-Aid by county staff.
A. It is understood that the powers, duties and prerogatives of this cOlnlnission are only advisory. The right to sub-
poena witnesses or cOlnpel the attendance of witnesses does not exist with this commission. and the commission shall have
no power to appoint county offices or elnployees to make any decisions or any determinations that have any effect upon the
acts and conduct of the business of this cOlnmission.
96
4. ] 6.080
B. The county cOlnlnission can determine who and what members of the staff in the administration of the county shall
be involved in aiding this comlnission where requested. The county adlninistrator, at his or her discretion, Inay direct any
staffmelnber or employee of this county, to aid this commission in its activities when requested. (Prior code * 2-377)
97
4.20.010
Chapter 4.20
LIBRARY ADVISORY BOARD
Sections:
4.20.010
4.20.020
4.20.030
4.20.040
4.20.050
4.20.060
Declaration of legislative intent.
Creation.
Membership, qualifications and terms.
Removal of members.
Organization, quorunl and meetings.
Duties.
4.20.010 Declaration of legislative intent.
It is declared that the purpose and intent of the board of county cOlTIITIissioners through this chapter is to create and estab-
lish a library advisory board for the purpose of obtaining the benefits of accurate~ comprehensive information~ advice and
counsel concerning all matters relating to public libraries. This chapter shall not be construed as delegating to such advisory
board or its members any power or authority of a governmental~ legislative or administrative nature. (Prior code S 10-38)
4.20.020 Creation.
There is created and established in Monroe County ~ Florida~ an advisory board to be known as the "Monroe County Li-
brary Advisory Board.~~ (Prior code 9 10-39)
4.20.030 Membership, qualifications and terms.
The Monroe County library advisory board shall consist of five members to be appointed by the board of county COlTI-
missioners. The five commissioners shall each appoint a representative on this board who shall in turn be a representative
and resident of that comlnissioner~s district. Each member shall be a resident and elector of the county~ shall possess a repu-
tation for integrity~ responsibility~ civil accolnplishlTIent and professional or business ability~ shall have demonstrated an
active interest in public library facilities and services~ and shall not be employed by a library. (Prior code S 10-40)
4.20.040 Removal of members.
Any InelTIber of the board who ceases to be a qualified elector or resident or who becomes a candidate for public office
shall ilnmediately forfeit his or her office. Any member Inay be removed from office with cause by a Inajority vote of the
board of county comlnissioners. (Prior code S 10-41)
4.20.050 Organization, quorum and meetings.
The advisory board shall elect a chairperson and such other officers as may be deemed necessary or desirable~ who shall
serve at the pleasure of the advisory board. A majority of the members of the board shall constitute a quorum. A Inajority
vote of the members present at any meeting shall be sufficient to enable taking any action. The advisory board shall meet
normally at the headquarters library but should schedule meetings at the branches as appropriate to provide an input for
Middle and Upper Keys residents. Special meetings of the board may be called by the chairperson~ by written notice signed
by three members of the board~ or by action of the board at any meeting~ general or special. The county library director shall
attend all advisory board Ineetings~ other than those at which the library director~ s tenure is to be taken under consideration.
The I ibrary advisory board may further adopt such rules of procedure and elect such other officers as it Inay deeln neces-
sary. (Prior code * 10-42)
4.20.060 Duties.
The Monroe County library advisory board shall have the following duties~ functions and responsibilities:
A. To serve in an advisory capacity to the board of county commissioners~ county adlninistrator and county library in
respect to all matters pertaining to the Monroe County library system and public services:
B. Furnish information~ advise and counsel the board of county commissioners in respect to the appropriate means and
methods by which adequate library facilities and services may be provided to all residents of Monroe County:
98
4.20.060
C. Recommend to the county administrator the appointlnent of a county library director;
D. Make continuing studies of all existing and future needs of the county in respect to public library facilities and ser-
vlces~
E. Review the financial position of the library system and Inake reports and through research efforts obtain infonna-
tion regarding financing both through matching funds, donations and other possible grants~
F. Keep constantly aware of public library standards, trends, regulations and legislation~
G. Fonnulate or recomlnend actions to raise the quality of service and utilization of professional and financial assis-
tance froln state, national and other sources~
H. Review with the adlninistrative staff, book and material selection programs, plans policies~
I. Prolnote and solicit bequests, donations and contributions, for the county library system, and recolnmend policies
governing acceptance for such donations~
J. Establish, prolnote and participate in a planned public relations prograln for the library system~
K. Perform and carry out such other duties and functions of an advisory nature as may be assigned by the board of
county cOlnlnissioners~ and
L. File an annual report on October 1 st, to the county government on the status of the Monroe County library system
and such other times as the advisory board deems proper. (Prior code ~ 10-43)
99
4.24.010
Chapter 4.24
PERSONNEL POLICIES AND PROCEDURES REVIEW BOARD
Sections:
4.24.010
4.24.020
4.24.030
4.24.040
4.24.050
Creation and purpose.
Proced u res.
Membership.
Election of officer and duties.
Meetings.
4.24.010 Creation and purpose.
There is created and established the Monroe County personnel policies and procedures review board.
It is the purpose of the Monroe County board of county comlnissioners and the county adlninistrator to create and estab-
lish this advisory board to review any and all proposed changes to the Monroe County personnel policies and procedures
prior to presentation to the Monroe County board of county commissioners for approval~ and to assure that all appropriate
elnployees of Monroe County are made aware of any such proposed changes. (Prior code ~ 2-213)
4.24.020 Proced u res.
Proposed changes to the Monroe County policies and procedures may be submitted in writing to any member of the re-
vie\v board by any employee of the county at any time. 130ard Inelnbers will then submit the proposed changes to the chair-
person~ who will review the changes with the director of human resources~ and a meeting of the review board will be called
if appropriate.
Subsequent to the Ineetings of the review board~ the chairperson will present a draft of the proposed changes that have
been approved by a majority of the board melnbership to the county administrator for review. If the county administrator
rejects any proposed changes~ or proposes any additional changes~ such changes will be returned to the review board for
review and reconsideration. If the review board and the county adlninistrator cannot agree on the proposed changes~ the
final decision wi II be that of the Monroe County board of county comlnissioners.
Any proposed changes/amendments to the Monroe County personnel policies and procedures manual will be handled as
provided for in this section and will ultilnately be reviewed by the Monroe County board of county comlnissioners and~ if
approved, adopted by resolution. (Prior code ~ 2-214)
4.24.030 Membership.
A. The Monroe County personnel policies and procedures review board will consist of seven members as follows:
I. Three Inembers elected by the elnployees relations cOlnmittee~
2. One supervisor providing direct on-line supervision (such as an operator foreman~ Inaintenance forelnan~ etc.)~
3. One representative of Iniddle Inanagement (such as section coordinator~ project director, etc.)~
4. The director of human resources~ and
5. One division director appointed by the county administrator.
B. The membership of the review board shall be selected in the following manner:
I. The three Inembers elected by the elnployees relations committee (ERC) will be elected by a majority of ERC
Inembers in attendance~ not to include any supervisory personnel.
2. The direct on-line supervisor will be elected by a Inajority ofERC melnbers in attendance at a meeting of the ERe.
after each division director has sublnitted one nalne for nomination.
3. The representative of middle managelnent will be elected by a Inajority ofERC Inelnbers in attendance at a Ineeting
of the ERC~ after each division director has submitted one name for nOlnination.
4. The director ofhulnan resources will be the employee holding that title at the time of each meeting of the review
board.
5. The division director will be appointed by the county adlninistrator.
6. One alternate who Inay attend any/alllneetings, but will have voting privileges only vvhen it is necessary to tnake a
quoruln~ will be elected by members of the ERC.
100
4.24.040
C. All melnbers will serve for two years and will be replaced or reaffirmed every two years in the manner stated
above.
In the event a board Inember can no longer serve, the current alternate will fill any vacancy that occurs in Inelnbership
category I and a replacement alternate will be elected by the melnbers of the ERC. A vacancy in melnbership category
numbers 2 through 5 will be elected/appointed as originally elected or appointed.
Any melnber Inay be removed froln the review board by a Inajority vote of the board members. (Prior code ~ 2-215)
4.24.040 Election of officer and duties.
A. A chairperson will be elected by a majority of the board Inelnbers at the first Ineeting of the board. The chairper-
son"s duties include the following:
1. Appoint a vice-chairperson/secretary~ and
2. Chair alllneetings according to RoberC s Rules of Order.
B. The vice-chairperson/secretary's duties include the following:
1. Record the minutes of the board meetings~
2. Distribute all appropriate material to board members~
3. Prepare board meeting agendas~
4. Assist the chairperson with board matters~ and
5. Chair board Ineetings in the absences of the chairperson. (Prior code S 2-216)
4.24.050 Meetings.
The meetings of the Monroe County personnel policies and procedures review board will be called by the director of
human resources at least once a year in August to review the Monroe County Personnel Policies and Procedures Manual and
proposed changes thereto.
A special meeting may be requested by any three concurring members of the review board and/or called by the director
of human resources at any time a change to the personnel policies and procedures needs to be promptly made.
Five members will constitute a quorum.
Alllneetings shall be public and shall have at least three days' published notice in a newspaper of general circulation in
the county. (Prior code ~ 2-217)
101
4.28.010
Chapter 4.28
SHARED ASSET FORFEITURE FUND ADVISORY BOARD
Sections:
4.28.010
4.28.020
4.28.030
Establishment.
SAFF fund.
Procedure for disbursement of funds.
4.28.010 Esta blish n1 ent.
A. There is established the Monroe County shared asset forfeiture fund advisory board (board) for the purpose of con-
ducting public hearings and Inaking recolnlnendations to the board of county commissioners regarding the expenditure of
funds in the sheriffs shared asset forfeiture fund (SAFF) account.
B. The board consists of seven lTIelnbers: one appointed by each county cOlnmissioner and two appointed by the sher-
iff. The sheriffs general counsel is the counsel to the board. The sheriff shall furnish a secretary to board to keep the Inin-
utes and records of the board. The sheriff is the custodian of the board~s records. The board must annually elect a chairper-
son and vice chairperson. The board lTIay adopt such rules of procedure as it deems necessary and lnay amend such rules
froln tilne to time. The board members are not entitled to any compensation for their service on the board but are entitled to
reimbursement for expenses pursuant to F.S. ~ 112.061. (Prior code ~ 2-601)
4.28.020 SAFF fund.
The sheriff must keep the SAFF in a separate account within the sheriff s budget. Funds not needed for ilnmediate use
lnust be invested in the same manner as other surplus funds of the sheriff. The sheriffmust have the account audited as pro-
vided by general law and must prepare and furnish all reports required by the applicable laws of the United States and the
regulations of its agencies. (Prior code S 2-602)
4.28.030 Procedure for disbursement of funds.
A. It is the intent of the county commissioners and the sheriff that only the net annual dividend and interest income
received froln the principal deposited in the SAFF account be expended. Therefore~ as soon as possible after January 1 st of
each year~ the sheriff shall provide an estilnate to the board of the dividend and interest expected to be available in the up-
COIning fiscal year~ minus a reasonable fee deducted by the sheriff for his or her expenses in adlninistering the provisions of
this chapter.
B. The board chairperson~ in consultation with the sheritl~s general counsel and secretary to the board~ shall call for
the public hearings the chairperson deelns necessary to provide for an opportunity for suggestions from lnembers of the
public and interested service providers as to how the available SAFF funds should be spent in upcoming fiscal year. The
secretary shall prepare the agenda for each meeting. Notices of the meeting(s) lnust be published at least one week in ad-
vance of the lneeting date in a newspaper qualified under F.S. ~ 50.0 11 ~ in the form required by F.S. ~ 286.0105. The secre-
tary to the board is responsible for publishing the notices. Meetings may be continued by a Inajority vote of the board with-
out a published renotice but only if continued to a time and place certain.
C. At the public hearings the board shall entertain proposals on the use of the SAFF funds expected to be available.
The board may only entertain proposals that relate to law enforcement~ crime prevention~ drug and alcohol abuse prevention
and treatment~ the mental and physical health of minors and adults~ and cultural~ artistic~ educational~ recreational and sports
programs for the county ~ s youth. After the presentation of the proposals for the use of the SA FF funds~ and after the concl u-
sion of public input~ the board shall~ by Inajority vote~ recomlnend to the board of county comlnissioners funding for the
proposal(s) that the board detennines best serve the public interest and welfare. The recomlnendation(s) lnust also include a
recommended funding level. Except as provided below~ the aggregate funding level n not exceed the sheriffS estilnate of
the SAFF net interest a dividend income expected to be available in the upcoming fiscal year. The board lnay not recoln-
mend a spending level in excess the sheriffs estilnate (a level which will result in an expenditure of principal) without five
or Inore board Inelnbers first voting in favor of such a spending level. The board may not favorably recolnlnend a proposal
that sheriffs general counsel determines is contrary to the laws or regulations of the United States. The board Inust COITI-
102
4.28.030
plete their recomlnendations by May 31 st of each year. The board secretary shall then forward them to the county adlninis-
trator.
D. The county adlninistrator shall agenda the recommendations for consideration at a public hearing by the board of
county cOlnmissioners. The county cOlnlnissioners Inay approve or disapprove each recomlnendation as the county comlnis-
sioners determine best serves the public interest and welfare. Except~ however the board of county commissioners Inay not
approve recommendations that~ in the aggregate~ exceed the sheriffs estilnate of the available interest and dividend incolne
without four county commissioners first voting in favor of a SAFF spending level excess of the sheriffs estilnate.
E. The county administrator shall forward the county commissioners~ detennination on the annual SAFF expenditure
the sheriff. The sheriff may not refuse to expend SAFF revenue those items or projects approved by the county cOlnlnis-
sioner unless he determines that an iteln or project would be in violation of the laws of the United States or the rules and
regulations of any agency of the United States.
F. For those items or projects approved by the county commission that require agreements with third party vendors
such agreelnents must be entered into between the vendors and the sheriff. The sheriffshall negotiate such agreelnents con-
taining such tenns as the sheriff determines necessary to ensure that the funds are properly spent on the items or projects
approved by the county commission and spent in accordance with the laws and regulations of the United States. If the sher-
iff and the third party vendor cannot reach agreement on the terms of a contract~ then the sheriff shall report that failure to
the county commission. The county commission may then select an item or project of equivalent or lesser cost that was rec-
olnmended by the board but was initially rejected by the county commission or may vote to provide additional funding for
an item or project already approved for the fiscal year. Altematively~ the county commission may decline to fund another
iteln or project and roll over the funds thereby saved into the SAFF funds available for expenditure in the next fiscal year. If
an item or project costing a lesser amount is selected~ then any funds thereby saved may be expended by the county com-
Iniss ion on items or projects already approved for the fiscal year or the funds saved may be rolled over into the SAFF funds
available for expenditure in the next fiscal year. The sheriff is also responsible for monitoring and auditing the third party
vendor agreements so that itelTIs or projects approved by the county commission are purchased or performed as the county
commission approved and that the laws and regulations of the United States are observed. (Prior code ~ 2-603)
103
4.32.010
Sections:
4.32.010
4.32.020
4.32.030
4.32.040
4.32.050
4.32.060
4.32.070
4.32.080
4.32.090
4.32.100
Chapter 4.32
MONROE COUNTY TELECOMMUNICATIONS AUTHORITY
Pu rpose.
Authority.
Membership.
Requests for increases or other changes in subscriber rates and fees by cable television
systems.
Public complaints.
Reconsideration and hearing.
Hearing procedures.
Appeals.
Evaluation, compliance and enforcement.
Reimbursement of expenses.
4.32.010 Purpose.
The Monroe County telecolnmunications authority (MCT A) is established as an independent agency of Monroe County
to establish and implement policies and procedures~ consistent with the provisions of the Cable Television Consumer Pro-
tection and Competition Act of 1992 and the Rules and Regulations of the Federal Comlnunications Commission to regulate
the rates of cable television systems operating within Monroe County and the municipalities therein and to ensure maximuln
efficient and economical programming and services to the consumers of cable television services within Monroe County.
(Prior code ~ 2-551)
4.32.020 Authority.
The MCT A shall have the authority and responsibility to review all requests by cable television systelns operating within
Monroe County for increases~ or other changes~ in the rates and fees to be charged to conSUlners of cable television services
\vithin Monroe County to ensure that such proposed increases or other changes are reasonable and fair and consistent with
applicable federal~ state and locallaws~ rules~ regulations~ policies and ordinances. The MCT A also shall have the authority
and responsibility to receive, review~ hear and resolve all public complaints with respect to such existing rates and fees of
cable television systems operating within Monroe County and to proposals for increases~ or other changes~ in such cable
television rates and fees. The MCT A also shall have the authority and responsibility to conduct reviews and evaluations of
the consumer services and protections provided by cable television systelns operating within Monroe County to consumers
of cable television services in Monroe County~ to receive~ review~ hear and resolve public cOlnplaints with respect to such
cable television consumer services and protections~ and to report and lnake recolnlnendations with regard to such conSUlner
cable television services and protections to the cable television franchising authorities within Monroe County. (Prior code
~ 2-552)
4.32.030 Membership.
The MCTA shall consist of three members~ Monroe County~ the city of Key West~ and the city of Key Colony Beach~
each a cable television franchising authority within Monroe County. Each shall appoint one member of the MCT A~ how-
ever~ in the event other franchising authorities are created within Monroe County ~ such additional franchising authorities
shall have the right to appoint a member of the MCT A~ and the melnbership shall increase accordingly. The chairperson of
the MCT A shall be elected froln and by the appointed melnbers of the MCT A and shall serve for a tenn of two years~ but no
member of the MCT A shall serve as chairperson for more than two consecutive tenns. (Prior code S 2-553)
4.32.040 Requests for increases or other changes in subscriber rates and fees by cable television systems.
A. All requests by cable television systems operating within Monroe County for increases or other changes in rates and
fees to be charged to conSUlners of cable television service in Monroe County shall be sublnitted to the MCT A~ however~
should such requests be submitted to an individual cable television franchising authority within Monroe County~ such au-
104
4.32.050
thority shall sublnit such request to the MCT A immediately but in no event Inore than five calendar days of its receipt of
such request.
B. Within ten (I 0) days of its receipt of a request from a cable television systeln operating in Monroe County for an
increase in rates or other fees to be charged to consumers of cable television service within Monroe County, the MCT A
shall publish once per week for two weeks in newspapers of general circulation in Monroe County notice of the sublnission
of the requested increase or other changes in the rates and fees charged to consumers of cable television service in Monroe
County. The public notice shall give the date of the submission of such request, a sUlnmary of the substance of such request
and a date certain and place for the filing of written comlnents and reply comlnents upon such request and the procedures
for the filing of such cOlnments and reply comments, which shall include, but not necessarily be limited to requiring that all
comments submitted to the MCT A be typewritten or printed in legible handwriting, that four copies of such comlnents and
reply comments be submitted to the MCT A, and that all comlnents and reply COlnlnents filed by interested parties and the
general public be served upon the requesting cable television system.
C. Within thirty (30) days of the date for the filing of reply comments as provided for in subsectionS of this section,
the M CT A shall issue its determination with respect to the requested increase or other changes in the rates and fees to be
charged consumers of cable television service in Monroe County. The determination shall be in writing and shall set forth in
detail the reasons and bases for the determination. Copies of the MCT A's detennination shall be served upon the requesting
cable television system and all interested parties and the members of the general public who filed comments on or before the
date certain specified in the MCT A's public notice. (Prior code ~ 2-554)
4.32.050 Public complaints.
A. Any cable television consumer, government entity or organization, civic organization or individual member of the
general public may file a complaint with the MCT A with respect to the subscriber rates, fees and/or services of cable televi-
sion systems operating within Monroe County.
B. Public complaints shall be filed with the MCT A within thirty (30) days of the events which are the subjects of such
complaints. Public complaints not filed within such thirty (30) day time period will not be accepted or considered by the
MCT A unless good and sufficient cause is shown for such late filing.
C. Public complaints may be dismissed in the event complainants have failed to complete and provide all information
required by the MCT A's complaint fonn, have failed or refused to cooperate or to participate in any MCT A hearing or other
fact-finding proceeding, or the complainants have voluntarily withdrawn their complaints.
D. COlnplaints shall be filed on forms prepared by and available from the MCT A and shall contain the name, address,
and telephone nUlnber of the complainant., or the party on whose behalf the complaint is filed.. and shall set forth with speci-
ficity the facts and circumstances giving rise to the complaint. The complaint shall be typewritten or hand-printed in a clear
and legible manner with an original and four copies being filed with the MCT A. A complaint may be dismissed if the com-
plainant has failed or refused to cooperate or failed to appear at or participate in any duly noticed fact-finding conference or
other hearing. The hearing officer may also administratively dismiss the complaint if the complaint is not cOlnplete, the
complaint is not timely filed, or the complainant has voluntarily withdrawn the complaint.
D. Within ten (I 0) days of receipt of a complaint, the MCT A shall give notice of the filing of such complaint to all
parties who are the subject of such complaint or are affected by or directly interested in such complaint. All such parties
shall be provided ten (I 0) days from the date of the MCT A's notice within which to file responsive statements to cOlnments
upon such complaint. Responsive statements and comments shall be served upon the complainant. Thereafter., the complain-
ant shall have five days to reply to such responsive statements and comments.
E. Within twenty (20) days of its receipt of the complainant's reply., the MCT A shall issue its determination with re-
spect to the disposition of the complaint setting forth with specificity the reasons and basis for such disposition. A copy of
the MCT A's determination shall be served upon all parties of the complaint and its disposition. (Prior code S 2-555)
4.32.060 Reconsideration and hearing.
A. Any party adversely affected by any determination of the MCT A Inay seek reconsideration of such detennination
by the MCT A or request that a public hearing be conducted with respect to such determination.
B. Requests for reconsideration of an MCT A determination or for a public hearing with regard thereto shall be filed
with the MeTA within thirty (30) days of the issuance of such determination. The request for reconsideration or the conduct
of a public hearing shall set forth with specificity the reasons and bases for such requests. All such requests shall be type-
105
4.32.070
written or hand-printed in a clear and legible manner. An original and four copies of such requests shall be filed with the
MCT A~ and copies shall be served on all parties to the proceeding of the MCT A which gave rise to the detennination of
such reconsideration or a public hearing is sought.
C. Any interested party upon whom requests for reconsideration or hearing are served shall have ten (10) days froln
the date upon which service is made in which to file replies or responses to such requests.
D. Within thirty (30) days of its receipt of a request for reconsideration or the conduct of a public hearing~ the MCT A
shall issue its determination disposing of such requests setting forth with specificity the reasons and bases for its determina-
tion. Copies of the MCT A ~s determination shall be served on all parties to the detennination. Parties so served may file
written replies or exceptions to the determination within fifteen (15) days after service thereof. The MCT A shall act upon
and dispose of such replies or exceptions within twenty (20) days of their filing. (Prior code S 2-556)
4.32.070 Hearing procedures.
A. Within thirty (30) days of issuance ofa determination to conduct a public hearing~ the MCT A shall serve notice of
the hearing on the party requesting such hearing and shall publish the notice in a newspaper of general circulation in Mon-
roe County. The notice shall set forth the date~ time and place of the hearing and the issues to be considered by the MCT A at
such hearing.
B. The MCT A~ sitting as a panel~ may conduct the hearing or at its discretion may designate a Inelnber of the MCT A
as the hearing officer~ however~ the MCT A in its discretion may designate a nonmember of the MCT A to preside as a hear-
ing officer.
C. Any party or the hearing officer may call and examine and cross-exalnine witnesses and introduce documentary and
other evidence into the record. Any party offering an exhibit into evidence at a hearing must simultaneously furnish copies
of such exhibit to all other parties unless such copies have been previously furnished.
D. All testimony at a hearing shall be preserved by tape recording~ shorthand~ court reporter~ s notes~ or other device. If
a court reporter is desired by any party ~ that party must retain its own court reporter.
E. Parties shall file proposed findings of fact and conclusions of law and~ if desired~ proposed orders~ with the hearing
officer and~ at the discretion of the hearing officer~ reply findings of fact and conclusions of law also may be filed by the
parties. Copies of all proposed findings of fact and conclusions oflaw~ and~ ifany~ proposed orders~ shall be served upon
each party to the hearing.
F. Tilne being of the essence in the conduct of the hearing~ any motion by a party for a continuance or delay in the
commencement or conduct of the hearing shall be granted only upon a showing of good cause. Copies of such motion shall
be served upon all parties to the proceeding~ who shall have five days from receipt of such motion to file oppositions to or
comments thereon.
G. Any party to a scheduled hearing may file with the hearing officer a written application for issuance of a subpoena~
stating the nalne and address of the person whose attendance is requested and describing the relevance of the testimony of
such person to the conduct of the hearing as well as any documents which that person Inay be requested to provide. Any
party requesting a subpoena shall be responsible for its service~ which lnust be made in person or by certified mail~ return
receipt requested.
H. Not less than thirty (30) days nor more than sixty (60) days after the closing of the record and conclusion of the
hearing~ the hearing officer shall submit a recommendation to theMCT A. The MeTA shall issue its determination and or-
der to the parties within twenty-one (21) days from the date of such submission. In the event the MCT A presides as the
hearing panel in any hearing proceeding., the MCT A shall issue its determination and order to the parties within sixty (60)
days after the closing of the record and conclusion of such hearing. (Prior code S 2-557)
4.32.080 Appeals.
Final determinations of the MCT A with respect to the rates and fees to be charged and services to be provided to con-
sUlners of cable television service in Monroe County shall~ where federal law provides and is applicable~ be appealable to
the Federal Communications COlnlnission~ however~ in the absence of such applicable federallaw~ review of the MCT A
shall be only by petition for writ of certiorari to the circuit court of the state of Florida. (Prior code S 2-558)
106
4.32.090
4.32.090 Evaluation, compliance and enforcement.
A. At the request of any franchising authority within Monroe County ~ the M CT A shall~ pursuant to the tenns and con-
ditions of the cable television franchise agreement of the requesting franchising authority~ conduct an evaluation of the per-
formance of the cable television system operating pursuant to such franchise agreelnent and the compliance of the cable
television system with the tenns~ conditions and requirements of such cable television system.
B. Upon its cOlnpletion of the evaluation of the performance and review of compliance of cable television systelns in
Monroe County~ as described and provided for in subsection A of this section~ the MCT A shall sublnit to the franchising
authority requesting such evaluation and review a written report of the results of its performance evaluation or compliance
review and recolnlnendations with respect to the performance and compliance of the cable television system pursuant to the
tenns and conditions of its franchise agreement.
C. The M CT A shall have no authority to impose fines~ forfeitures or other punitive measures with respect to the opera-
tion of any cable television systeln operating within Monroe County. The MCT A Inay~ however~ in conjunction with its
evaluation of the perfonnance and review of compliance of a cable television system~ as described and provided for in sub-
section A of this section~ Inake recommendations to the franchising authority requesting such evaluation or review for the
imposition offines~ forfeitures and other punitive measures~ as provided for in the franchising authority~s cable television
franchise agreement~ to ensure the best possible service to the consumers of cable television service and maxilnuln compli-
ance with the terms~ conditions~ provisions and requirements of the cable television franchise agreement. (Prior code
~ 2-559)
4.32.100 Reimbursement of expenses.
Nonemployee members of the MeTA shall be entitled to reimbursement of mileage costs and per diem expenses for
travel to meetings and hearings of the MCT A. (Prior code ~ 2-560)
]07
4.36.010
Chapter 4.36
MONROE COUNTY TOURIST DEVELOPMENT COUNCIL
Sections:
4.36.010
4.36.020
4.36.030
4.36.040
4.36.050
Appointment and membership.
Duties-Annual report.
Executive director.
Advisory committees.
Tax collection district boundaries.
4.36.010 Appointment and mem bership.
A. Pursuant to F. S. ~ 125.0104(4)( c), the governing board of Monroe County appointed an advisory counci I known as
the ....Monroe County Tourist Development Council" by Resolution No. 198-1981, on June 16, ] 981.
B. I. The Monroe County tourist development council, following the expiration oftenns of its members heretofore
established and appointed, shall be composed of nine Inelnbers. Eight melnbers of the board shall be appointed by the gov-
erning board of Monroe County based on a percentage of the funds collected throughout the five tax collection districts~ as
set forth in Section 4.36.050. Each tax collection district shall have no less than one representative, who is a resident of the
district, on the council. The ninth melnber of the council shall be the chairperson of the governing board of Monroe County
or any other member of the governing board as designated by the chairperson. Two melnbers of the council shall be elected
municipal officials, at least one of whom shall be from the lnost populous Inunicipality in the county. Six members of the
council shall be persons who are involved in the tourist industry and who have demonstrated an interest in tourist develop-
Inent, of which lnelnbers, not less than three nor Inore than four shall be owners or operators of motels, hotels, recreational
vehicle parks, or other tourist accommodations in the county or subject to the tax. AlIlnelnbers of the council shall be elec-
tors of the county. The governing board of the county shall allow the council to elect a chairperson. The chairperson shall be
elected annually and may be reelected.
2. The members of the council shall serve for staggered terms of four years. The council shalllneet at least once each
quarter and, from tilne to time, shall make recomlnendations to the county governing board for the effective operation of the
special projects or for uses of the tourist development tax revenue and perfonn such other duties as may be prescribed by
county ordinance or resolution. The changes in the cOlnposition of the lnembership of the tourist development councillnan-
dated by this chapter shall not cause the interruption of the current tenn of any person who is a member of the council on the
effective date of this chapter.
3. All district vacancies occurring on the tourist development council shall be filled by a district resident who is also
qualified under the terms ofF.S. ~ 125.01 04(4)(e). In addition to the vacancies described in subsection(B)(4) of this section,
a seat shall also be considered vacant when a member Inoves out of the district which he or she represents.
4. Any melnber of the tourist developlnent council other than the chairperson who absents himself or herself from any
three consecutive regular meetings of the tourist development council, unless excused frOITI such attendance by consent of
the counciL expressed by action of record in its official minutes, or who is absent from a total of four regular meetings of
the council in any fiscal year without having been excused from such attendance by consent of the council expressed by
action of record in its officiallninutes, shall thereby automatically forfeit his or her position and office as a melnber of the
tourist development council~ and the name of such person shall be automatically removed troln the membership of the
council immediately after the adjournment of any such third consecutive meeting or any such fourth meeting in any fiscal
year, as the case may be, at which such member has not appeared. The council shall thereupon promptly notify the lnember
so rell1oved, and the governing board of Monroe County shall thereupon appoint a new lnember to serve the relnainder of
the unexpired term of the Inember so removed. (Prior code ~ 2-299(A), (B))
4.36.020 Duties-Annual report.
A. The council shall continuously review expenditures of revenues from the tourist developlnent trust fund and shall
submit at least quarterly, expenditure reports to the county governing board or its designee. Expenditures which the council
believes to be unauthorized shall be repolted to the county governing board and the departnlent of revenue. The governing
108
4.36.030
board and the department shall review the findings of the council and take appropriate administrative or judicial action to
ensure compliance with this chapter.
B. An annual report shall be prepared by the tourist development council and sublnitted to the board of county com-
missioners and general public and media within one hundred twenty (120) days from the close of the fiscal year. The report
includes the following:
I. Report of all revenue by category separation~
2. Report all expenditures by category separation~
3. Reservations and carry-overs by category required by law~
4. Reservations and carry-overs by category accumulated for specifically approved projects~
5. COlnparison of current report year with ilnmediate past fiscal year~
6. Listing of all events or projects funded by district~
7. Ratio of administrative expenses to overall expenditures. (Prior code S 2-299(C))
4.36.030 Executive director.
A. There is created an executive office for the tourist development council. The governing board of the county shall
employ by contract, or establish a county department and employ, an executive director and such other personnel as may be
required to operate the executive office. Any contract for employment entered into by and between the executive director or
other personnel authorized by this chapter shall provide that such director and personnel will be responsible and answerable
directly to the tourist development council and indirectly to the board of county commissioners. If contracted, such persons
shall serve at the pleasure of and be subject to removal by the governing board of the county. The tourist developlnent coun-
cil may make recommendations concerning the contracts. The executive director shall carry out the policies and programs
established by the council and shall be in charge of the day-to-day operations of those policies and programs. The executive
director and the staff of the executive office of the tourist development council shall be compensated, and the costs and ex-
pense of the operation of the executive office shall be paid from the proceeds of the tourist development tax prior to any
other use or distribution thereof. In the furtherance of the provision of this section, the amount to be expended shall not ex-
ceed seven percent of the annual two-cent budget and three percent of the annual third-cent budget.
B. For the purpose of rendering the services through the executive office created by subsection A of this section, such
executive director, as is provided for therein, shall be either an individual or a corporation, which shall furnish the services
required by the tourist development council for the executive office thereof. Any such contract entered into for the executive
director to operate such executive office shall be executed by the governing board of the county. The tourist deve loplnent
council shall make recommendations concerning contracts and/or emploYlnent for the executive director and personnel but
shall have no final authority to require implelnentation of its recomlnendation. (Prior code S 2-299(D), (E))
4.36.040 Advisory committees.
Advisory committees shall be created to make recolnmendations to the tourist development council:
A. No more than one district advisory comlnittee shall be created for any district as defined in Section 4.36.050.
B. The advisory comlnittees shall be comprised of nine members, whose qualifications shall be three from the lodging
industry, three from tourist-related businesses, and three who represent the general public.
c. There shall be a three-person nominating committee for each district for the purposes of making recomlnendations
for appointIl1ents to the lodging and tourist-related seats on the advisory committee of the district. The tenn of office for
each nominating committee lnember shall be three years.
The nominating committee for each district shall be comprised of:
I. Ont~ person appointed by the hotel/motel association in that district, or, in the absence of a hotel/motel association,
a tourism association~
2. One person appointed by the tourist development council; and
3. Ont~ person appointed by the chamber of commerce for the district.
D. Appointments to the district advisory board shall be made through the following process:
I. Any vacancy on a district advisory committee shall be advertised by the tourist development council administrative
office in at least one newspaper of general circulation in the district with a request for applications to fill the position, and a
deadline for submission of applications.
109
4.36.050
') Application forms shall be lnade available by the administrative office of the tourist developlnent council and dis-
trict chalnbers of comrnerce.
3. Applications shall be submitted to the adlninistrative office which shall record the sublnission and forward the ap-
plications to the nOlninating comlnittee for the district served by the district advisory cOlnlnittee for which applications are
received.
4. Each district nOlninating cOlnmittee shall nOlninate two or lnore nalnes in order of preference to the tourist devel-
oplnent council for appointlnents to each vacant lodging or tourist-related position froln the applications received through
this process, and sublnit to the adlninistrative office the nominations and a list of all candidates considered.
5. All applications received for positions representing the general public shall be forwarded to the county cOlnmission.
E. 1. The tourist development council shall appoint the district advisory Inelnbers representing lodging and tourist-
related businesses for three-year terms froln the recolnlnendations sublnitted by the nOlninating cOlnmittees or return the
recolnmendations as rejected and request a new set of recomlnendations.
2. The county comnlission shall appoint the lnelnbers representing the general public for three-year tenns.
F. The district advisory cOlnlnittees shall be bound by the saIne policies and procedures as apply to the tourist devel-
oplnent council.
G. District advisory committee melnbers filling terms which expire subsequent to the effective date of the ordinance
codified in this chapter shall fulfill their terms. No member of a district advisory committee, prior to the effective date of
this subsection, may be removed because he or she does not meet this subsection ~s requirement. All future appointlnents
must be lnade to bring each committee into conformance with the composition requirements. (Prior code ~ 2-299(F))
4.36.050 Tax collection district boundaries.
The geographical boundaries of the tax collection districts referred to in Section 4.36.01 O(B)( 1) and elsewhere through-
out this chapter shall be:
A. District I: shall encolnpass the city limits of Key West~
B. District II: from the city limits of Key West to the west end of the Seven Mile Bridge~
C. District III: from the west end of the Seven Mile Bridge to the Long Key Bridge~
D. District I V: between the Long Key Bridge and mile lnarker 87.5 ~ and
E. District V: from mile lnarker 87.5 to the Dade/Monroe County line and any mainland portions of Monroe County.
(Prior code ~ 2-299(G))
110
Chapters:
5.04
5.08
5.12
5.16
5.20
5.24
5.28
5.32
Title 5
BUSINESS LICENSES AND REGULATIONS
Business and Occupation Tax
Alcoholic Beverage Sales
CATV Franchises
Commercial Fishing
Convenience Food Stores
Motor Vehicle Title Loans
Price Gouging During Emergencies
Wrecker Businesses
11 1
Sections:
5.04.010
5.04.020
5.04.030
5.04.040
5.04.050
5.04.060
5.04.070
5.04.080
5.04.090
5.04.100
5.04.110
5.04.120
5.04.130
5.04.140
5.04.150
5.04.160
5.04.170
5.04.180
5.04.190
5.04.200
5.04.210
5.04.220
5.04.230
5.04.240
5.04.250
5.04.260
5.04.270
5.04.280
5.04.290
5.04.300
5.04.310
5.04.320
5.04.330
5.04.340
5.04.350
5.04.360
5.04.370
5.04.380
5.04.390
5.04.400
5.04.410
5.04.420
5.04.430
5.04.440
5.04.450
5.04.460
Chapter 5.04
BUSINESS AND OCCUPATION TAX
Purpose and prohibition.
Definitions.
Distribution of revenues.
Term of privilege granted by the tax-Transfer.
Fractional tax payments.
Procedure for the payment of the occupational tax.
V io la tio ns-Pena Ities.
Forms.
Delinquent license tax-Penalty.
Tax not in lieu of regulatory fees or licenses.
Disabled persons and widows.
Disabled veterans.
Farm, agricultural and grove exemption from tax.
Religions tenants-Exemption.
Charitable organizations-Occasional sales, fund raising-Exemption.
School activities-Certain exemption.
Advertising space renters.
Amusement devices.
Hotels, apartment hotels and motels.
Cemeteries and mausoleums.
Circuses, traveling shows, tent shows and side shows.
Traveling entertainment and sales presentations.
Cafes, restaurants, mobile food vendors and other eating establishments.
Contracting.
Dance halls and variety exhibitions.
Electric power plants, gas plants and community television antenna companies.
Emigrant agents.
Fortunetellers and clairvoyants.
Insurance adjusters.
Scrap metal processors-Junk dealers.
Traveling junk dealers.
Liquified petroleum gas distributors, installers and manufacturers.
Manufacturing, processing, quarrying and mining.
Miscellaneous businesses not otherwise provided.
Theaters that are permanent in nature.
Pawnbrokers.
Permanent exhibits.
Professions, businesses and occupations.
Public service.
Retailing.
Schools and colleges.
Telephone systems.
Trading in intangible personal property.
Trading in tangible personal property.
Vending machines.
Water companies and sewage disposal companies.
1]3
5.04.0] 0
5.04.470
5.04.480
Flea ma rkets.
Mobile repair or service.
5.04.010 Purpose and prohibition.
This chapter establishes an occupational tax for the privilege of engaging in or lnanaging any business~ profession or
occupation within the county. No person may engage in or lnanage any business~ profession~ or occupation within the
county subject to an occupational tax under this chapter without first paying that tax to the county tax collector. (Prior code
S ]2.1-1)
5.04.020 Definitions.
""Business~" ""profession~~~ and ""occupation~~ do not include the customary religious~ charitable~ or educational activities of
nonprofit religious~ nonprofit charitable~ and nonprofit educational institutions in the county. Those institutions are more
particularly defined and limited as follows:
1. ""Religious institutions" mean organizations or established physical places for worship in this state where nonprofit
religious services and activities are regularly conducted and carried on~ and also means church cemeteries.
2. ""Educational institutions~~ mean state tax-supported or parochial~ church and nonprofit private schools~ colleges~ or
universities conducting regular classes and courses of study required for accreditation by or membership in the Southern
Association of Colleges and Schools~ the Department ofEducation~ or the Florida Council of Independent Schools. Non-
profit libraries~ art galleries~ and museums open to the public are defined as educational institutions and eligible for exemp-
tion.
3. ""Charitable institutions" lnean only nonprofit corporations operating physical facilities in this state at which are
provided charitable services~ a reasonable percentage of which are without cost to those unable to pay.
""Classification" means the method by which a business or group of businesses is identified by size or type or both.
""Emigrant agent" means any person engaged in hiring laborers or soliciting emigrants in the county for employment out-
side the county.
""Employee" means a person employed to perform service for another and who, with respect to the methods and details
that make up the performance of the service~ is subject to the other's control or right of control.
""Junk" means old or scrap copper, brass~ rope, rags~ batteries~ paper~ trash~ rubber, debris~ waste~ junked~ dismantled or
wrecked automobiles or their parts~ iron~ steel~ and other old scrap ferrous or nonferrous material.
1. ""Junkyard" means an establishment or place of business which is maintained, operated or used for storing~ keeping~
buying or selling junk or for the maintenance or operation of an automobile graveyard~ and the term includes garbage
dumps and sanitary fills.
2. ""Junk dealer" means any person who does not travel from place to place purchasing junk but is in the business of
maintaining and operating a junkyard.
3. ""Scrap metal processing planf' means an establishment or place of business maintaining and operating machinery
and equipment used to process scrap iron, steel and other metals to specifications prescribed by and for sale to mills and
foundries.
4. ""Scrap metal processor" means a person maintaining and operating a scrap metal processing plant.
"" Laundry equiplnent" means any equiplnent necessary for the operation of a coin-operated laundry, inc luding washers~
dryers, pressing or ironing machines and soap, bleach and laundry bag dispensing machines.
""Merchandising vending machine operator" means any person who operates for a profit thirty-five (35) or more mer-
chandise vending machines.
""Merchandising vending machines" means any machine, contrivance or device which is set in motion or made or permit-
ted to function by the insertion of a coin, slug, token or paper currency and dispenses merchandise without the necessity of
replenishing the device between each operation.
""Mobile food vendor" means any person who sells~ or offers for sale~ any candy~ ice cream confection~ or any food or
beverage for human consumption from any cart or vehicle of any kind capable of locomotion.
""Mobile repair" or ""mobile services business" means any person who goes from house to house or from place to place to
provide lninor repairs to structures or machinery or electronic products not requiring a license under Chapter 6.16 of this
code~ or to provide usual and necessary maintenance services~ including~ but not limited to, mowing and yard service (lim-
114
5.04.030
ited, absent a landscaping certificate of competency, to mowing grass, weeding, trimming shrubs and trees under six feet
tall, and removing the trilnmings of such activities), janitor service or maid service.
""Person" means any individual, finn, partnership, joint adventure, syndicate, or other group or combination acting as a
unit, association, corporation, estate, trust, business trust, trustee, executor, adlninistrator, receiver, or other fiduciary, and
includes the plural as well as the singular.
\O"Population" means the latest official state estilnate of population certified under F .S. 9 186.901.
""Resident" is a person living at a permanent structure in the county with no present intention of moving from the county.
\o"Retailer" means a person engaged in the business of making sales at retail which are defined as any sale of tangible per-
sonal property to consumers for any purpose other than for resale. No sale may be construed to be a retail sale where goods,
wares or Inerchandise are sold in wholesale quantities at wholesale prices by licensed wholesale dealers under standing or-
ders or through outside salespersons as distinguished from sales of small packages at retail prices or as sold in wholesale
quantities and at wholesale prices to any governmental institution, subdivision or agency.
I. Retailer does not include: bulk plants or filling stations engaged principally in the sale of gasoline and other petro-
leum products; ice plants or ice dealers engaged principally in the sale of ice; and bakeries, and other manufacturing plants
selling only products manufactured or processed on site. Retailer also does not include restaurants, cafes, cafeterias and ho-
tels. However, a person otherwise in business as a retailer does not lose his or her status as a retailer by operating a restau-
rant, cafe, cafeteria, or hotel as a business incidental to his or her principal business of retailer.
2. A wholesale business whose direct sales to consulners exceed five percent of its total sales is also a retailer.
\o\oService vending machine" means any machine, contrivance or device which is set in motion or made or permitted to
function by the insertion of a coin, slug, token or paper currency and which dispenses some service or amusement.
\O"Service vending machine operator" means any person who operates for a profit thirty-five (35) or more service ma-
chines.
""Taxpayer" means any person liable for taxes ilnposed under the provisions of this chapter; any agent required to file and
pay any taxes imposed under this chapter; and the heirs, successors, assignees, and transferees of that person or agent. (Prior
code ~ 12.1..2)
5.04.030 Distribution of revenues.
The county retains all occupational tax revenues coIIected from businesses, professions, or occupations, whose places of
business are located in the unincorporated portions of the county. Those occupational tax revenues collected from busi-
nesses, professions, or occupations, whose places of business are located within a municipality, exclusive of the costs of
collection, must be apportioned between the unincorporated area of the county and the incorporated municipalities located
therein by a ratio derived by dividing their respective populations by the population of the county. The revenues so appor-
tioned shall be sent to the government authority of each municipality, according to its ratio, and to the county commission,
according to the ratio of the unincorporated area, within fifteen (15) days after the month of receipt. (Prior code 9 12.1-3)
5.04.040 Term of privilege granted by the tax-Transfer.
A. The~ occupational tax provided for in this chapter allows for the privilege of engaging in or managing the business,
professions, or occupation, so taxed for a period of one year beginning on October I st and expiring on September 30th,
unless another term is provided by law.
B. The: occupational tax paid by the original owner of a business may be transferred to the benefit of a new owner,
when there is a bona fide sale of the businesses, upon the paYlnent of a ten dollar ($10.00) transfer fee.
C. The' tax paid for the privilege of engaging in or managing a business, profession, or occupation, at one location may
be transferre'd to the benefit of another location upon the payment of a ten dollar ($1 0.00) transfer fee. (Prior code 9 12.1-4)
5.04.050 Fractional tax payments.
Any person who was not liable for the occupational tax during the first half of the tax year, but becomes liable during the
second half, must pay an occupational tax equal to one-half the amount owed for the full tax year. (Prior code 9 12.1-5)
5.04.060 Procedure for the payment of the occupational tax.
A. All persons for the occupational tax must complete the tax form prepared by the county tax collector. The occupa-
tional tax provided for in this chapter is for the purpose of raising revenue only. It is not a county permit to undertake any
] 15
5.04.070
business~ profession or occupation at a particular site. The tax collector shall~ on a lnonthly basis~ provide the county plan-
ning department with a list of the taxpayers who have paid and the addresses of their respective businesses~ professions~ or
occupations. If the tax is paid for a business~ profession or occupation at an address that the planning departlnent concludes
violates the county~s land development regulations or cOJllprehensive plan~ then the county~s code enforcelnent departlnent
may undertake whatever action it deems proper to force (j correction of that violation. A statement silnilar to this subsection
lnust appear on all occupational tax forms.
B. Any person liable for an occupational tax based wholly or in part upon capacity~ the nUlnber of elnployees~ or other
contingency~ Inust file a statelnent with the tax collector giving full and complete information to the capacity~ elnployees or
other contingency as the case may be. The statelnents required by this subsection lnust be retained as part of the tax collec-
tor~s records and a copy provided to the county property appraiser. (Prior code ~ 12.1-6)
5.04.070 Violations-Penalties.
Any person who fails to pay the tax required by this chapter or who knowingly lnakes a false statement relative to a tax
payment or tax obligation~ or who otherwise violates the provisIons of this chapter is guilty of a misdelneanor of the second
degree and is subject to prosecution in the manner provided by general law. Upon conviction~ that person is subject to a fine
or imprisonment~ or both fine and ilnprisonlnent~ as provided by generallaw~ F.S. ~~ 775.082 and 775.083. (Prior code
~ 12.1-7)
5.04.080 Forms.
The county must furnish the necessary forms to the tax collector. The tax collector must fill out and validate a receipt and
issue to the taxpayer for each occupational tax paid. The tax collector lnust also make a duplicate of each receipt. The tax-
payer Inust have the receipt conspicuously displayed at his or her place of business so as to be open to the view of the public
and all of the duly authorized officers of the county. (Prior code ~ 12.1-8)
5.04.090 Delinq uent license tax-Penalty.
A. Whenever any tax provided by this chapter is not paid by the due date of October I st~ the tax is delinquent and sub-
ject to a delinquency penalty often (10) percent for the lnonth ofOctober~ plus an additional five percent penalty for each
subsequent month ofdelinquency until paid. However~ the total delinquency penalty may not exceed twenty-five (25) per-
cent of the occupation tax originally due. In addition to the penalty~ the tax collector is entitled to a five dollar ($5.00) cost
fee that must be collected from delinquent taxpayers at the saIne time the tax and penalty are paid.
B. Any person engaging in or lnanaging any business~ occupation or profession without first paying the occupation
tax~ ifrequired under this chapter~ is subject to twenty-five (25) percent of the tax detennined to be due~ in addition to any
other penally provided by law or ordinance.
C. Any person who engages in any business~ occupation~ or profession covered by this chapter~ who does not pay the
required occupational tax within one hundred fifty ( 150) days after the initial notice of tax due and \vho does not obtain the
required occupational tax receipt~ is subject to civil actions and penalties~ including court costs~ reasonable attomey~s fees~
additional administrative costs incurred as a result of collection efforts~ and a penalty of up to two hundred fifty dollars
($250.00). (Prior code S 12.1-9)
5.04.100 Tax not in lieu of regulatory fees or licenses.
Fees or licenses paid to any municipality~ board~ commission or officer for permits~ registrations~ examinations or inspec-
tions that are regulatory in nature are in addition to~ and not in lieu of~ the occupational tax imposed under this chapter
unless otherwise provided by general law. (Prior code S 12.1-10)
5.04.110 Disabled persons and widows.
A. All disabled persons physically incapable ofmanuallabor~ widows with minor dependents~ or persons sixty-five
(65) years of age or older~ with not lnore than one elnployee or helper~ and who use their own capital only~ not in excess of
one thousand dollars ($] ~OOO.OO) are allowed to engage in any business or occupation in the county without being required
to pay an occupational tax. The exelnption provided by this section with respect to the disability is allowed only upon the
cert i ticate 0 f a licensed physician stating that the applicant clailning the exemption is disabled and the nature and extent of
the disability. In case the exelnption is claimed by a widow with Ininor dependents~ or a person over sixty-five (65) years of
1 ] 6
5.04. 120
age, proof of the right to the exemption must be made. Any person entitled to the exemption provided by this section must,
upon application and furnishing of the necessary proof, be issued a tax waiver that lnust plainly state across its face that the
waiver is issued under this section along with the reason for the exelnption.
B. In no event under this or any other section lnay any person, veteran or otherwise, be allowed any exemption from
the payment of any alnount required by law for the issuance of a license to sell intoxicating liquors or malt and vinous bev-
erages. (Prior code 9 12.1-11)
5.04.120 Disabled veterans.
A. Any resident who served as an officer or enlisted person during any of the periods specified in F .S. ~ 1.01 (14), in
the Armed Forces of the United States, National Guard, or United States Coast Guard or Coast Guard Reserve, or any tem-
porary lnember thereof, who has actually been, or lnay hereafter be, reassigned by the air force, army, navy, coast guard, or
lnarines to active duty during any war, declared or undeclared, anned conflicts, crises, etc., who was honorably discharged
troln the service of the United States, and who at the tilne of his or her becolning liable for the tax provided in this chapter is
disabled from performing manual labor, lnust, upon sufficient proof of being a resident and upon production of an honor-
able discharge from the service of the United States:
I. Be granted a waiver for the payment of any occupational tax required by this chapter that does not exceed fifty dol-
lars ($50.00)~ or
2. Be granted a waiver for the payment of occupational tax to the extent of fifty dollars ($50.00) when the occupa-
tional tax required by the chapter is more than fifty dollars ($50.00). The waiver described in this subsection extends to and
includes the right of the disabled veteran to operate an automobile-for-hire not exceeding five-passenger capacity, including
the driver, when it appears that the automobile is bona fide owned or contracted to be purchased by the disabled veteran and
is being operated by him or her as a means of livelihood and that the proper license tax for the operation of the motor vehi-
cle for private use has been applied for and attached to the lnotor vehicle and the proper fees paid by the veteran.
B. When the disabled veteran applies for an occupational tax waiver for a business, profession, or occupation that has
a tax in excess of fifty dollars ($50.00), the remainder of the tax in excess of fifty dollars ($50.00) must be paid in cash.
C. The tax collector must issue a tax waiver to disabled veterans who are entitled to a waiver of any occupational tax
otherwise required under this chapter, subject to the conditions of this section. The tax waiver when issued must be marked
across its face: ~i.V eteran' s Waiver/Exemption From Occupational Tax - Not Transferable." Before issuing the waiver, proof
must be presented in each case that the applicant is entitled to the waiver under the tenns of this section. The proof may be
lnade by establishing, to the satisfaction of the tax collector, by means of a certificate of honorable discharge, or a certified
copy of that discharge, that the applicant is a veteran covered by this section and by exhibiting:
I. A certificate of government-rated disability to an extent of ten (10) percent or lnore:
2. The affidavit or testimony of a reputable physician who personally knows the applicant and who makes oath that
the applicant is disabled froln performing manual labor as a means of livelihood~
3. The certificate of the veteran's service officer of the county in which applicant lives, duly executed under the hand
and seal of the chief officer and secretary thereof, attesting the fact that the applicant is disabled and entitled to receive a
license within the meaning and intent of this section~
4. A pension certificate issued to him or her by the United States by reason of such disability~ or
5. Such other reasonable proof as may be required by the tax collector to establish the fact that such applicant is so
disabled. (Prior code ~ 12.1-12)
5.04.130 Farm, agricultural and grove exemption from tax.
A. No local occupational tax is required of any natural person for the privilege of engaging in the selling of farm,
aquacultural, grove, horticultural, floricultural, tropical piscicultural, or tropical fish fann products, or products manufac-
tured therefi.oln, except intoxicating liquors, wine, or beer, when such products were grown or produced by such natural
person in this state.
B. A wholesolne farmers' produce market has the right to pay a tax of two hundred dollars ($200.00). That paYlnent
entitles the market' s stall tenants to engage in the selling of agricultural and horticultural products in the market without the
tenants having to pay individual occupational taxes. (Prior code ~ 12.1-13)
] ] 7
5.04.140
5.04.140 Religions tenants-Exem ption.
Nothing in this chapter lTIay be construed to require an occupational tax paYlnent for practicing the religious tenants of
any church. (Prior code ~ 12.1-14)
5.04.150 Charitable organizations-Occasional sales, fund raising-Exemption.
A. No occupational tax is required of any charitable~ religious, fraternal, youth, civic, service or similar organization
when the organization makes occasional sales or engages in fund-raising projects when the projects are performed exclu-
sively by its members and when the proceeds derived from the activities are used exclusively in the charitable, religious,
fraternal, youth, civic and service activities of the organization.
B. Upon application by any charitable, religious, fraternal, educational or nonprofit organizations to the board of
county cOlnlnissioners, occupational tax requirements lnay be waived. (Prior code ~ 12.1-15)
5.04.160 School activities-Certain exemption.
College and high school students lnay, with the approval of the athletic association or authority of their school, sell the
pennants, badges, insignia and novelties of their school without being required to pay an occupational tax. (Prior code
~ 12.1-16)
5.04.170 Advertising space renters.
Every person renting for profit advertising space in or on any boat, car, bus, truck or other vehicle must pay an occupa-
tional tax of three dollars ($3.00) for each boat, car, bus, truck or other vehicle operated by him or her. (Prior code
~ 12.1-17)
5.04.180 Amusement devices.
Every person who operates for a profit any game, alTIUSelTIent ride or recreational device contrivance or facility not oth-
erwise taxed by another ordinance of this county, lnust pay an occupational tax of fifteen dollars ($15.00) for each game,
alTIUSement recreational device, contrivance or facility. Once a tax is paid for a device described in this section, the taxpayer
has the privilege of operating the device at any location in the county without incurring any additional occupational tax li-
ability. (Prior code ~ 12.1-18)
5.04.190 Hotels, apartment hotels and motels.
A. Every person engaged in the business of renting public lodgings, as defined in F.S. Ch. 509, except apartment
houses, must pay, for each place of business, an alnount of one dollar fifty cents ($1.50) per rOOITI. The room count does not
include rooms occupied by the owner.
B. The tax collector lTIay neither accept a tax paYlnent nor issue an occupational tax receipt to any business that is re-
quired to be licensed under F .S. Ch. 509 unless the taxpayer produces evidence that he or she has such a license.
C. Every owner, manager, rental agent or association engaged in the business of renting accommodations on a daily,
weekly or monthly basis, in condominiums as defined in F.S. Ch. 718, in cooperatives as defined in F.S. Ch. 719, in time-
share units as defined in F.S. Ch. 721, and in apartment houses defined as a multiple dwelling divided so as to lnake inde-
pendent suits for occupancy, lTIUSt pay for each rental unit an alnount of twenty dollars ($20.00) per unit. The unit count
does not include units occupied by the owner.
Advertising that the owner, lnanager, rental agent or association has units available for rental on a daily, weekly or
monthly basis is prima facie evidence that renting is conducted.
Possessing the occupational tax receipt required by this chapter does not relieve the owner, manager, rental agent or as-
sociation from the obligation of collecting and translnitting to the proper authorities any and all appropriate taxes that are
levied on rental transactions.
Where rentals are Inade on an individual owner's behalf or an association's behalf the average number of units under rent
is the number of units counted for the payment of the per unit occupational tax. (Prior code S 12.1-19)
5.04.200 Cemeteries and mausoleums.
Every person engaged in the business of operating a for-profit cemetery, lTIausoleUlTI or similar place or institution must
pay an occupational tax of one hundred fifty dollars ($150.00) for each place of business. (Prior code S 12.1-20)
118
5.04.2] 0
5.04.210 Circuses, traveling shows, tent shows and side shows.
A. Shows of all kinds~ including: circuses~ theatricaL traveling shows~ and exhibitions~ or amusement enterprises~ car-
nivals~ rodeos~ theatrical games or tests of skill~ riding devices~ dralnatic repertoire and all other shows or alnusements or
any exhibition giving performance under tents or temporary structures of any kind (whether the tents or telnporary struc-
tures are covered or uncovered)~ must pay an occupational tax of two hundred twenty-five dollars ($225.00) per day for
each day of operation.
If the person operating a main show or exhibition also operates a side show or side shows in conjunction with the Inain
show or exhibition~ then he or she must pay an additional occupational tax of thirty dollars ($30.00) per side show for each
day of operation. No tax receipt may be issued for a side show unless tax has been paid for a main show. The main and side
show tax receipts must be issued to the same person and for the same day or days of operation.
For the purposes of this section~ the show~ riding device~ concession or exhibition charging the highest admission fee is
the main show and the others are side shows. When there is more than one show ~ riding device~ concession or exhibition in
the saIne admission fee group~ anyone of them may be considered the main show and the others classified as side shows.
The following are considered side shows:
1. All riding devices~ including merry-go-rounds~ ferris wheels~ or any other rides or automatic riding devices~
2. All concessions~ including revolving wheels~ coin games~ throwing balls~ rolling balls~ cane racks, knife racks,
weighing machines~ games or tests of skill or strength~ candy machines~ sandwich~ confectionery or similar stands or any
other booth~ unit~ tent or stand cOlnmonly known as a concession~ and
3. Every side show~ exhibition~ display~ concert~ athletic contest~ lecture~ performance to which adlnission is charged~
a fee collected or a charge is Inade for anything of value.
B. An annual tax may be paid for any of the shows or exhibitions mentioned in this section when the show or exhibi-
tion is permanently located in one place~ upon the payment of six times the full amount of the daily tax due according to
subsection A of this section. A tax receipt issued under this subsection is good only for the place for which it was originally
taken out and the tax collector must state that in writing on the face of each receipt.
C. No fractional tax payments or receipts are available under this section.
D. Public fairs and expositions~ as defined in F.S. Ch. 615~ and exhibits held by bona fide nonprofit organizations on
the premises of a licensed public lodging establishment in connection with a convention are exelnpt from the provisions of
this section. (Prior code S 12.1-2 J)
5.04.220 Traveling entertainment and sales presentations.
A. In addition to any other taxes or licenses required~ shows or exhibitions that provide entertainment incidental to an
effort to sell a product or products by any person in the county must pay an occupational tax of seventy-five dollars ($75.00)
for each day of operation.
B. The tax imposed in this section must be collected and the tax receipt issued in the same manner as the taxes pro-
vided for in Section 5.04.210. (Prior code S 12.1-22)
5.04.230 Cafes, restaurants, mobile food vendors and other eating establishments.
A. Every person engaged in the business of operating a restaurant~ cafe~ snack bar~ take-out service~ dining room~
drive-in eating establishment, or other public eating place~ whether or not operated in conjunction with some other line of
business~ must pay an occupational tax based on the number of people for whom he or she has seats or accommodations for
the service or consumption of food at any one time~ in accordance with the following schedule:
Seats Tax
0-30 $ 30.00
31-74 60.00
75-149 90.00
150 or more 120.00
Drive-in restaurants where customers are served while seated in their lnotor vehicle 60.00
The license required by subsection C of this section is in addition to the tax required by this subsection.
1 J 9
5.04.240
B. Every person engaged in the business of operating a Inobile food vending operation~ no Inatter what type ofvehicle
is utilized for such purpose~ whether or not operated in conjunction with some other line ofbusiness~ except delivery service
from licensed cafes, restaurants or other eating establishments~ Inust pay an occupational tax of two hundred fifty dollars
($250.00). The license required by subsection C of this section is in addition to the tax required by this subsection.
C. The tax collector lnay not accept a tax payment and issue a tax receipt to any business under the provisions ofF.S.
Ch. 509~ until a license has been procured for that business from the state. (Prior code ~ 12.1-23)
5.04.240 Contracting.
Each person who contracts or subcontracts to construct~ alter~ repair~ dismantle or demolish buildings~ roads~ bridges~
viaducts~ sewer~ water and gas mains or engages in the business of construction~ alteration~ repairing~ dismantling or demoli-
tion ofbuildings~ roads, bridges~ viaducts~ sewers~ water and gas Inains Inust pay an occupational tax. The tax is determined
by the average nunlber of elnployees during the tax year~ and is at the following rates:
1-5 employees $ 20.00
6-10 elnployees 25.00
11-15 elnployees 35.00
16-20 employees 50.00
21-25 employees 65.00
26-50 elnployees 125.00
51-100 employees 250.00
101 or Inore elnployees 500.00
A II principals are considered emp loyees for the purposes of this section. (Prior code ~ 12.1-24)
5.04.250 Dance halls and variety exhibitions.
A. Every person who operates any place for profit where dancing is pennitted~ or where entertainment is provided for
a charge such as variety programs or exhibitions, must pay an occupational tax of two hundred twenty-five dollars
($225.00). The tax required by this section is in addition to any other license or tax required by law. The operation of such a
place is not to be construed as incidental to sOlne other business. However~ a one hundred fifty ($150.00) dollar tax may be
paid for one night only~ but in that case~ the tax collector must write across the tax receipt the words~ Hgood for one night
only.~' This section does not apply to hotels or Inotels of fifty (50) licensed units or more paying an occupational license as
provided for in Section 5.04.190.
B. Exempted from the provisions of this section are:
I. Variety exhibitions conducted or exhibited in a motion picture theater that pays the annual occupational tax as pro-
vided elsewhere in this chapter;
2. Any traveling variety show or band which performs under the control of a charitable or fraternal organization with
the organization putting on the show on its own account~
3. Local cultural or concert music organizations or professionals ~ or artists ~ organizations that appear under the aus-
pices of the local cultural or concert music organizations~
4. Educational institutions and off-calnpus professional talent~ when elnployed by the institutions for student enter-
tainment~ such as sports events, Inusical concerts~ dance bands and dramatic productions, when such activities are produced
or conducted under the auspices of the educational institutions~
5. Traveling shows put on by locallnerchants~ where no adlnission is charged~ either directly or by increasing the
price of itelns sold;
6. Dances or variety entertainlnent given by local performers, the proceeds of which are given to local charities~
7. Any dance held by any group of private individuals who hold dances and dance cOlnpetitions for recreation rather
than profit~ and where the only charge made is to cover actual expenses incurred by the individuals in sponsoring the dances
or dance cOlnpetitions. (Prior code ~ 12.1-25)
120
5.04.260
5.04.260 Electric power plants, gas plants and community television antenna companies.
A. Every person engaged in the business offurnishing electric power~ gas or comlTIunity television antenna service for
a profit must pay an occupational tax offive hundred sixty-two dollars and fifty cents ($562.50). However~ persons engaged
in electric power~ gas or COITIITIunity television antenna service franchised by the county and who pay a franchise fee must
pay a license tax of four hundred dollars ($400.00).
B. Any person serving less than twenty-five (25) custolTIerS is exempt from paying this tax.
C. Municipal corporations that own and operate their own electric power plant or gas plant are not subject to the tax
described in this section. (Prior code S 12. 1-26)
5.04.270 Emigrant agents.
The occupational tax for the privilege of engaging in the business of emigrant agent is one thousand eight hundred sev-
enty-five dollars ($1 ~875.00). This section does not apply to any state or federal agency acting as an elTIigrant agent. (Prior
code 9 12.1-27)
5.04.280 Fortunetellers and clairvoyants.
Every fortune-teller~ clairvoyant~ palmist~ astrologer~ phrenologist~ character reader~ spirit medium~ absent treatment
healer~ or mental healer and every person engaged in any occupation of a silTIilar nature must pay an occupational tax of two
hundred twenty-five dollars ($225.00). Nothing in this section may be construed to require the payment ofa tax for practic-
ing the religious tenants of any church. (Prior code S 12.1-28)
5.04.290 Insurance adjusters.
All persons acting as insurance adjusters must pay an occupational tax of twenty-five dollars ($25.00). This section does
not apply to insurance agents. (Prior code S 12.1-29)
5.04.300 Scrap metal processors-Junk dealers.
A. Every person in business as a scrap metal processor must pay an occupational tax of one hundred fifty dollars
($150.00).
B. Ev{~ry person in business as a junk dealer must pay an occupational tax of one hundred dollars ($1 00.00). (Prior
code ~ 12.1.-30)
5.04.310 Traveling junk dealers.
Each person who travels from place to place purchasing junk must pay an occupational tax of thirty dollars ($30.00).
(Prior code ~ 12. 1-31 )
5.04.320 Liquified petroleum gas distributors, installers and manufacturers.
All persons who deal in liquefied petroleum gas~ either as distributors~ installers or manufacturers~ must pay the follow-
ing occupational taxes. However~ those persons are exempt frOITI the provisions of Sections 5.04.240 and 5.04.260.
A. Manufacture of appliances and equipment for use of liquefied petroleum gas
B. Installation of equiplnent to be used with liquefied petroleum gas
C. Dealer in liquefied petroleum gas~ in appliances and equipment for use of such
as and in the installation of a liances and e ui ment
$] 25.00
50.00
125.00
(Prior code .~ 12.1-32)
5.04.330 Manufacturing, processing, quarrying and mining.
A. Every person engaged in the business of Inanufacturing~ processing~ quarrying or mining ITIUst pay the occupational
tax provided in this section. The amount of the tax is determined by the average number of elnployees during the tax year
and is at the following rates:
121
5.04.340
1-10 employees $ 30.00
11-20 employees 60.00
21-30 employees 90.00
31-40 elnployees 120.00
41-50 elnployees 180.00
51 or more elnployees 225.00
In determining the number of persons employed~ all principals are considered elnployees and must be included in the
calculation.
B. No tax is required under this section where the lnanufacturing, processing, quarrying or 111ining is incidental to and
a part of another business classification that pays a tax under this chapter and is carried on at the place of business taxed
under the other classification. (Prior code ~ 12.1-33)
5.04.340 Miscellaneous businesses not otherwise provided.
Every person engaged in the operation of any business of such a nature that no tax can be properly required for it under
any provision of this chapter, but the business is not specifically exelnpt under this chapter or as a lnatter of law, must pay
an occupational tax of two hundred twenty-five dollars ($225.00). (Prior code S 12.1-34)
5.04.350 Theaters that are permanent in nature.
Movie theater owners, drive-in theater owners, managers or lessors of theaters or halls elnploying traveling troupes-
theatrical or musical-giving performances in buildings fitted for such purposes, or fi 1m exhibitions in buildings perma-
nently used for such purposes~ or drive-in theaters, may give as tnany performances or exhibitions in such buildings or thea-
ters as they wish on paYlnent of an occupational tax of four hundred fifty dollars ($450.00). (Prior code S ] 2.] -35)
5.04.360 Pa \\' n b ro ke rs.
Every person engaged in the business of pawnbroker must pay an occupational tax of three hundred thirty-seven dollars
and fifty cents ($337.50) for each place of business. (Prior code S 12.1-37)
5.04.370 Permanent exhibits.
Anyone who operates for profit a permanent exhibit lnust pay an occupational tax of two hundred twenty-five dollars
($225.00) for each exhibit. (Prior code ~ 12.1-37)
5.04.380 Professions, businesses and occupations.
A. Every person engaged in the practice of any profession, who offers his or her service either directly or indirectly to
the public for consideration, whether or not the profession is regulated by law, must pay an occupational tax of thirty dollars
($30.00) for the privilege of practicing. The tax does not relieve the taxpayer from the payment of any occupational tax iln-
posed on any other business operated by him or her. However, private detectives and operators of deception detector devices
must only pay an occupational tax often dollars ($] 0.00).
B. Every person engaged in a profession, business or occupation regulated by law where licensing and qualification
standards are required lnust display and exhibit to the tax collector the license for the current year prior to the tax collector
accepting the occupational tax payment and issuing a tax receipt.
C. An occupational tax is not required where a person, although licensed by law under a regulatory statute, is prohib-
ited from engaging in a profession, business or occupation unless under the direct supervision of another person, individual
or corporation.
D. Every individual or group of individuals operating as a branch office of any professional corporation~ who also op-
erate as an office where a profession is practiced, must pay an occupational tax for each office where the profession is prac-
ticed.
E. As an alternate procedure, if a group of professional persons are operating as a professional association, corpora-
tion, partnership, other group enterprise or clinic (hereinafter ~'firm" or ~'clinic") the finn or clinic may pay one single tax
rather than separate taxes for each professionallnember of the firm. The total occupational tax due under this subsection is
thirty dollars ($30.00) for each person in the firm or clinic practicing the profession. (Prior code * 12.1-38)
]22
5.04.390
5.04.390 Pu blic service.
A. Every person engaged in any business as owner, agent or otherwise that perfonns SOlne service for the public in
return for consideration must pay an occupational tax based on the average nUlnber of elnployees during the tax year for
each location in the following amounts:
1-5 employees $ 22.00
6-10 elnployees 54.00
11-15 elnployees 80.00
16-20 employees 1 12.00
21 or lnore employees 1 50.00
B. No tax is required under this section for any business whose principal function is the performance of a service for
the public in return for consideration when the nature of the service is such that an occupational tax is required of the busi-
ness elsewhere in this chapter. This subsection does not exempt service departments of merchandising and other lines of
business from the tax required by this section but does exempt gasoline service stations with not more than three persons
engaged in the perfonnance of a service for consideration.
C. In detennining the number ofpersons employed, all principals are deemed elnployees and lnust be included in the
calculation. (Prior code 9 12.1-39)
5.04.400 Retailing.
A. Each person engaged in the business of retailing must pay an occupational tax for each store based on the average
nUlnber of employees working at each store during the tax year. The tax is in the following amounts:
1-5 elnployees $ 30.00
6-10 employees 60.00
11-15 employees 90.00
16-20 employees 120.00
21-25 clnployees 150.00
26-50 employees 250.00
51-100 employees 350.00
101 or more employees 500.00
B. In detennining the number of employees all principals are deemed employees and must be included in the calcula-
tion. (Prior code ~ 12.1-40)
5.04.410 Schools and colleges.
Every person engaged in the business of operating a school, college or other educational or training institution for profit
must pay an occupational tax of thirty dollars ($30.00) for each place of business, except that persons giving lessons or in-
structions in their hOlnes without assistants or a staff are not required to pay the tax. (Prior code ~ 12.1-41)
5.04.420 Telephone systems.
A. Every person engaged in the business of owning or operating telephone systelns in this county for profit lnust pay
an occupational tax according to the following schedule:
1. On the first one thousand (I ,000) phones or instruments, or fraction thereof, thirty cents ($0.30) for each phone or
instrument operated or installed.
2. On the second one thousand (I ,000) phones or instruments, or fraction over one thousand (1,000) but not exceeding
two thousand (2,000), twenty-four cents ($0.24) for each phone or instrument operated or installed.
3. On all phones or instruments numbering over two thousand (2,000), eighteen cents ($0.18) for each phone or in-
strulnent operated or installed.
123
5.04.430
B. Owners or managers of telephone systems operated or having installed less than one thousand (1,000) phones or
instruments are not required to pay a tax. (Prior code ~ 12.1-42)
5.04.430 Trading in intangible personal property.
A. Every person engaged in the business of trading, bartering, buying, lending or selling intangible personal property
whether as owner, agent or broker, including banks and insurance cOlnpanies, tnust pay an occupational tax of seventy-five
do liars ($75.00) for each place of business.
B. No tax is required under this section where the trading, bartering, buying, lending or selling is incidental to and a
part of some other business classification where an occupational tax is imposed by this chapter or by law. (Prior code
~ 12. 1 -43 )
5.04.440 Trading in tangible personal property.
A. Every person engaged in the business of trading, bartering, serving or selling tangible personal property, as owner,
agent, broker or otherwise, must pay an occupational tax of thirty dollars ($30.00) for each place of business. The tax for
each bulk plant or depot of wholesale dealers in petroleum products is seventy-five dollars ($75.00).
B. No tax is required under this section where the trading, buying, bartering, serving or selling of tangible personal
property is a necessary incident of some other business classification where an occupational tax is required by this chapter
or another ordinance and it is carried on at the place of business taxed under the other classification. This section also does
not apply to any person engaged in either the sale of motor vehicles or principally engaged in the retail sale of gasoline and
other petroleum products. (Prior code ~ 12.1-44)
5.04.450 Vending machines.
A. Any person who operates for a profit, or allows to be operated for a profit in his or her place of business or on his or
her property, any of the following vending machines must pay an occupational tax according to this schedule, unless ex-
elnpted by subsection B of th is section.
1. Merchandising vending machines: fifteen dollars ($] 5.00) for each machine. However, when any merchandise
vending machine is located in and operated only in a place of business for which tax has been paid for trading, buying, bar-
tering serving or selling tangible personal property under this chapter or other ordinance of this county, the tax is six dollars
($6.00) for each machine.
2. Merchandising vending machine operators: one hundred fifty dollars ($150.00) for the privilege of engaging in
such business, and must further pay an annual tax of one dollar and fifty cents ($1.50) for each machine.
3. Service vending machines: fifteen dollars ($15.00) for each machine.
4. Service vending tnachine operators: two hundred eighty-one dollars and twenty-five cents ($281.25) for the privi-
lege or engaging in such business, and must further pay an annual tax of three dollars and sixty cents ($3.60) for each Ina-
chine.
5. Laundry equipment: one dollar and fifty cents ($1.50) for each piece of equiptnent.
6. Coin operated radio, television and silnilar devices installed in businesses providing housing accommodations for
the traveling public: twenty-one dollars ($21.00) and Inust further pay an annual tax of sixty cents ($0.60) for each coin op-
erated radio, television set, vibrating Inattress or sitnilar device installed in guest rooms in hotels, tourist homes, tourist
courts, roominghouses and other businesses providing housing accomlnodations for the traveling public.
7. All other types of coin vending machines: one dollar and fifty cents ($1.50) for each lnachine.
B. The following vending machines and lockers are exempt from the tax provided by this section:
I. All vending machines which dispense only United States postage stamps, unadulterated Florida-produced citrus
juices or newspapers;
2. Coin-operated vending nlachines located in licensed places of business and dispensing only nuts, citrus juices and
other food products~
3. Coin-operated parcel-checking lockers and toilet locks used in bus stations, airports, or depots and in hotels, board-
ing houses, restaurants and restrooms for the convenience of the public;
4. All coin-operated telephones which are otherwise subject to the tax under Section 5.04.420.
C. All machines taxed under subsection (A)( 1) through (4) of this section must display in a prolninent place on each
machine a proper sticker or decal showing that the tax has been paid.
124
5.04.460
D. Whenever the tax collector finds any vending machine required to be taxed under this section operating without the
current tax paid, he or she must attach a notice of delinquent taxes to the Inachine. Any person who removes a notice of de-
linquent taxes, or who relnoves any money from the machine before the taxes are paid, is subject to prosecution and pun-
ishlnent as described in Section 5.040.070 of th is chapter. (Prior code ~ 12. 1-45)
5.04.460 Water companies and sewage disposal companies.
A. Every person engaged in the business of operating water companies or sewage disposal companies must pay the
following occupational taxes. The tax is determined by the population of the company's service area as calculated by the
latest official decennial census. The tax rate is as follows:
Persons Tax Amount
40,000 or more $562.50
30,000--39,000 450.00
20,000-29,000 225.00
10,000--19,999 168.00
5,000-- 9,999 ] 50.00
3,000- 4,999 75.00
1,000- 2,999 45.00
999 or less 30.00
(Prior code ~ 12.1-46)
5.04.470 Flea markets.
A. Any person engaged in operating a flea market or temporary exhibition where tangible personal property is sold,
and which is not otherwise considered a permanent exhibit under this chapter, must pay an occupational tax of two hundred
twenty-five dollars ($225.00).
B. Each individual lessee or stall occupant of the flea market or exhibition engaged in the selling of tangible personal
property Inllst also pay a tax of thirty dollars ($30.00).
C. In I ieu of subsection B of this section, any flea market operator or exhibitor that paid the tax of subsection A of this
section may pay an annual class tax rate on behalf of the individuals otherwise taxed under subsection B of this section. The
class rate tax is based on the average number of anticipated lessees or occupants of the flea market or exhibition during the
tax year according to the following schedule:
Anticipated Lessee/Exhibitions Tax Amount
Class A 1- 25 $100.00
Class B 26- 50 225.00
ClassC 51-75 375.00
Class D 76-100 437.50
Class E ] 0] -250 562.50
Class F 251-500 687.50
Class G 501 and above 812.50
Individuals leasing or occupying premises, stalls, tables or any other areas froln the exhibition or flea Inarket operator
who paid the applicable class rate tax are not required to pay an individual tax for the sale of tangible personal property.
(Prior code ~ 12.1-47)
5.04.480 Mobile repair or service.
Every person engaged in the operation of a mobile repair or mobile service business, no matter what type of conveyance
is utilized for that purpose, whether or not operated in conjunction with some other line of business, must pay an occupa-
tional tax of twenty-five dollars ($25.00). (Prior code S 12.1-48)
125
5.08.010
Sections:
5.08.010
5.08.020
5.08.030
5.08.040
5.08.050
5.08.060
5.08.070
5.08.080
5.08.090
5.08.100
Sections:
5.08.11 0
5.08.120
5.08.130
Chapter 5.08
ALCOHOLIC BEVERAGE SALES
Article I
General Regulations
Purpose and intent.
Permits.
Classifications.
Procedure.
Criteria.
Approval by planning commission.
Where permitted.
Transferability.
Appeals.
Successive applications.
Article 2
Additional Miscellaneous Regulations
Special beverage licenses.
Hours of sale.
Authority to approve per event sale of alcoholic beverages.
Article I
General Regulations
5.08.0 10 Purpose and intent.
This article is designed and intended to provide for reasonable regulation and control over the sale of alcoholic beverages
within the unincorporated areas of Monroe County by establishing an alcoholic beverage use permit procedure and provid-
ing criteria to be utilized to assure that all future proliferation of alcoholic beverage use enterprises within the unincorpo-
rated areas of the county be compatible with adjoining and surrounding land uses and the county's comprehensive plan, and
that alcoholic beverage use permits not be granted where such uses will have an adverse ilnpact upon the health, safety and
welfare of the citizens and residents of the county. All persons, firms, partnerships or corporations who have received ap-
proval from the zoning board or board of county comlnissioners under the fonner provisions of this article, as same hereto-
fore existed, shall retain all rights and privileges heretofore granted under this article. (Prior code S 19-218(a))
5.08.020 Permits.
After the effective date of the ordinance codified in this article, all persons, firms, partnerships or corporations desiring to
sell alcoholic beverages upon any premises located within the unincorporated areas of Monroe County and who desire to do
so upon a premises not heretofore approved by the zoning board or board of county commissioners under the former provi-
sions of this article, shall obtain an alcoholic beverage use permit utilizing the procedure outlined in Section 5.08.040. (Prior
code S 19-218(b))
5.08.030 Classifications.
Corresponding to those alcoholic beverage license classifications as heretofore and hereafter adopted by the state ofFlor-
ida, alcoholic beverage use permits hereafter issued pursuant to this article shall be classified as follows:
lAPS
ICOP
126
5.08.040
2APS
2COP
6COP
6COP SRX
6COP SR
6COP S
6COP SBX
6COP SPX
3BPS
3M
12RT
(Prior code ~ 19-218( c))
5.08.040 Procedure.
The following procedure shall be followed on any application for an alcoholic beverage use permit hereafter tnade:
A. Applications for alcoholic beverage use pennits shall be subtnitted to the director of planning in writing on forms
provided by the director. Such applications must be signed by the owner of the real property for which the permit is re-
quested. Lessees of the premises may apply for such pennits provided that proper authorization from the owner of the pretn-
ises is given and the application for permit is cosigned by such owner.
B. Upon receipt of a properly completed and executed application for alcoholic beverage use permit stating the exact
classification requested along with the necessary fee, the director of planning shall schedule a public hearing before the
planning commission and shall advise the applicant of the date and place of the public hearing.
C. Notice of the application and of the public hearing thereon shall be mailed by the director of planning to all owners
of real property within a radius offive hundred (500) feet of the affected premises. In the case ofa shopping centec the five
hundred (500) feet shall be measured from the peritneter of the entire shopping center itselfrather than from the individual
unit for which approval is sought. Notice shall also be provided in a newspaper of general circulation in the manner pre-
scribed in Section 9.10.050.
I. For the purposes of this article, a "shopping center" means a contiguous group of individual units, in any combina-
tion, devoted to commercial retail low-intensity uses, comtnercial retailtnediutn-intensity uses, commercial retail high-
intensity USt~S, and office uses, as those phrases are defined in Section 9.02.040, with immediate off-street parking facilities,
and originally planned and developed as a single project. The shopping center's single project status shall not be affected by
the nature of the ownership of any of the individual office or commercial retail units, within the shopping center.
D. At the hearing before the planning cotnmission, all persons wishing to speak for or against the application shall be
heard. Recomtnendations or other input from the director of planning may also be heard prior to any decision by the plan-
ning cOffilnission. (Prior code S 19-218(d))
5.08.050 Criteria.
The planning commission shall give due consideration to the following factors as they may apply to the particular appli-
cation prior to rendering its decision to grant or deny the requested permit:
A. The effect of such use upon surrounding properties and the immediate neighborhood as represented by property
owners within five hundred (500) feet of the pretnises. For the purposes of this section, '''premises'' means the entire project
site of a shopping center;
B. The suitability of the premises in regard to its location, site characteristics and intended purpose. Lighting on the
pennitted prelnises shall be shuttered and shielded from surrounding properties, and construction of such pennitted proper-
ties will be soundproofed. In the event music and entertainment is pennitted, the premises shall be air conditioned;
C. Access, traffic generation, road capacities, and parking requirements;
D. Delnands upon utilities, community facilities and public services;
E. Compliance with the county's restrictions or requirelnent and any valid regulations. (Prior code S 19-2] 8(e))
127
5.08.060
5.08.060 Approval by planning commission.
The planning comlnission may grant approval based on reasonable conditions considering the criteria outlined herein.
(Prior code ~ 19-2 I 8(t))
5.08.070 Where permitted.
Alcoholic beverage use permits may be granted in the following land use districts: urban commercial~ suburban COmIner-
cial~ suburban residential where the site abuts U.S. I ~ destination resort~ lnixed use~ industrial and maritilne industries. Not-
withstanding the foregoing~ alcoholic beverage sales may be permitted at restaurants~ hotels~ Inarinas and campgrounds re-
gardless of the land use district in which they are located. Nothing contained herein shall exempt an applicant from obtain-
ing a major or lninor conditional use approval when such is otherwise required by the Monroe County development regula-
tions (Title 9). (Prior code ~ 19-2 I 8(g))
5.08.080 Transferability.
Alcoholic beverage use permits issued by virtue of this article shall be deemed to be a privilege running with the land.
The sale of the real property which has been granted an alcoholic beverage use permit shall autolnatically vest the purchaser
thereof with all rights and obligations originally granted or imposed to or on the applicant. Such privilege may not be sepa-
rated froln the fee simple interest in the realty. (Prior code S 19-218(h))
5.08.090 Appeals.
All persons aggrieved by the actions of the planning comlnission in granting or denying requested alcoholic beverage
permits may request an appeal hearing before a hearing officer under the hearing officer appellate chapter~ Chapter 9.80 of
this code~ by filing the notice required by that article within thirty (30) days after the date of the written decision of the
planning cOlnmission. (Prior code ~ 19-2 I 8(i))
5.08.100 Successive applications.
Whenever any application for alcoholic beverage approval is denied for failure to meet the substantive requirements of
this article~ an application for alcoholic beverage approval for all or a portion of the same property shall not be considered
for a period of two years unless a super-Inajority of the planning commission decides that the original decision was based on
a material mistake of fact or that there exists changed conditions and new facts~ not existing at the time of the original deci-
sion~ which wouldjustify entertaining a new application before the expiration of the two-year period. However~ in the case
of a shopping center~ as defined in Section 5.08.040(C)( I)~ this section shall only apply to the commercial retail unit within
the shopping center for which approval was sought and not the entire shopping center site itself. (Prior code ~ 19-218U))
Article 2
Additional Miscellaneous Regulations
5.08.110 Special beverage licenses.
A. All special beverage licenses issued prior to October 25~ I 977 ~ under the provisions of Chapter 6 I -597 in this
county shall be henceforth recognized as valid and shall be renewable as a matter of right so long as the license is not per-
mitted to lapse by the holder thereof.
B. Henceforth all new special beverage licenses to be issued in the county to any bona fide hotel~ Inotel~ motor court or
restaurant shall be issued in accordance with the requirements of state law. (Prior code S 2. 1-1)
5.08.120 Hours of sale.
A. Within the boundaries of unincorporated Monroe County~ no alcoholic beverages lnay be sold~ consumed~ served~
or permitted to be served or consumed in any place holding a license under the Division of Alcoholic Beverages and To-
bacco of the Department of Business Regulation of the state of Florida between the hours of four a.m. and seven a.ln. of the
same day.
B. Any person violating this section shall be guilty ofa misdemeanor of the second degree~ punishable as provided in
F.S. ~ 775.082 or 775.083. In addition~ any person or establishlnent violating this section shall have revoked any previous
128
5.08.130
rights granted to it by Monroe County under the former provisions of Article I of this chapter and/or any alcoholic beverage
use pertnit granted to it under the provisions of Monroe County Ordinance No. 4-1985. (Prior code ~ 2.1-2)
5.08.130 Authority to approve per event sale of alcoholic beverages.
A. The county administrator may approve the per event sale of alcoholic beverages for consulnption on county-owned
property if the following terms and conditions are Inet:
I. The sale of the alcoholic beverages is by, or on behalf of, a nonprofit charitable organization with the profits from
alcoholic beverage sales going to that organization's charitable purposes~ or
2. The sale and consumption of alcoholic beverages is part of a social event, such as a wedding or birthday party, the
duration of which may not exceed four hours~ and
3. Depending on the size of the expected crowd, the event sponsor must agree to furnish a sufficient number of off-
duty law enforcelnent personnel for crowd and traffic control-the nUlnber to be determined by the county adlninistrator-
and to provide evidence satisfactory to the county administrator that the law enforcement personnel have in fact been hired~
4. The sponsor of the event has furnished to the county's risk manager evidence that the sponsor has obtained event
liability insurance, nalning the county as an additional co-insured, in an amount satisfactory to the risk manager.
B. The county adtninistrator may execute agreements on behalf of the board, provided that funds have been set aside
by the board specifically for that agreement or type of agreement, and may authorize moving or travel expense reilnburse-
ments, as follows:
I. Agreelnents for purchase, rental, or lease purchase of equipment of a type and function designated by the board, at
a price not exceeding the amount budgeted by the board, and for an amount within the administrator's purchasing limits
under the county's procurement policy~
2. Agreements to publish advertisements for bids.. RFPs (requests for proposals) or RFQs (requests for qualifications)
when the iteln or service for which the bid, RFP, or RFQ being sought has been budgeted for by the board~
3. Reilnbursement of: (i) travel expenses of division director and department head interviewees~ and (ii) moving ex-
penses for persons residing out of the county who are hired as division directors or department heads.
In such cases, the board determines that none of its discretionary authority is being exercised by the county administra-
tor~ rather, the execution of such agreements is in conformity with fiscal decisions already made by the board. Agreements
and reimbursements heretofore made by the administrator and which meet the criteria set forth above, as ratified. (Prior
code ~ 2.1-4)
129
5.12.010
Sections:
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5.12.090
5.12.100
5.12.110
5.12.120
5.12.130
5.12.140
5.12.150
5.12.160
5.12.170
5.12.180
5.12.190
5.12.200
5.12.210
Chapter 5.12
CATV FRANCHISES
Definitions.
Procedure for the initial grant of a franchise.
Franchise grant.
Duration of the franchise.
Service availability.
Minimum services to be provided.
Service standards.
Rights-of-way use conditions.
Use of franchisee equipment in the event of an emergency.
Provision for basic cable service to certain county facilities.
Insurance and indemnification.
Rates and charges to the subscriber.
Franchise fee.
Assignment of the franchise.
Modification of the franchise.
Termination of the franchise for cause.
Operation, purchase and sale of the cable system after termination or expiration of the
franchise.
G rant of a renewed franchise to franchise holders.
Overlapping franchises.
Legal expenses.
Effect on existing franchises.
5.12.0 10 Defin itions.
For the purposes of this chapter~ the following words and phrases have meanings set forth below:
....Affiliate~~ Ineans an entity which owns or controls~ or is owned or controlled by~ or is under common ownership with the
franchisee.
"~Basic cable service~~ means any service tier which includes the retransmission of broadcast signals of local television
stations~ which Ineans any of those stations serving the Miami/Ft. Lauderdale area.
"~Cable channel" or "~channel" means a portion of the electromagnetic frequency which is used in the cable system and
which is capable of delivering a television channel as that phrase is defined by the regulations of the Federal COlnmunica-
tions Commission.
"~Cable operator" means an entity who provides cable service over a cable systeln or through one or more affiliates owns
a significant interest in such a cable systeln or who otherwise controls or is responsible for, through any arrangement~ the
management and operation of such a cable system.
....Cable service~~ means the one-way translnission to subscribers of video progralnming~ or other programlning service~
and subscriber interaction, if any~ which is required for the selection of such video programming or other programming ser-
VIce.
....Cable system~~ Ineans a facility ~ consisting of a set of closed transmission paths and associated signal generation~ recep-
tion~ and control equiplnent that is designed to provide cable service which includes video programming and which is pro-
vided to multiple subscribers within the franchise area.
....Commercial channel'~ means a channel designated for cOlnmercial use by persons unaffiliated with the franchisee.
....Commercially impracticable" means., with respect to any requirement of this chapter or any franchise granted there-
under., that it is commercially impracticable for the franchisee to cOlnply with such requirement as a result of a change in
conditions which is beyond the control of the franchisee and the nonoccurrence of which was a basic assumption on which
the requirelnent was based.
130
5. ] 2.020
\Ol.County"" means Monroe County., a political subdivision of the state of Florida.
1.1.Entity"" Ineans an individual" partnership., association., joint stock company" trust., corporation or governmental agency
other than the county.
\ol.Franchise"" means the authorization., granted under this chapter unless otherwise noted., issued by the county" also in the
fonn of an ordinance., for the construction and operation of a cable system for the purpose of making available cable service
to the public.
\ol.Franchise area"" means that portion of the unincorporated area of Monroe County., Florida., stated in the ordinance grant-
ing the franchise.
1.1.Franchisee"" means the holder of any franchise granted under this chapter or the county-approved successor., transferee
or assignee thereof.
\O"Gross revenues"" Ineans the Inonthly cable service revenues received by the franchisee froln subscribers of the cable
system~ however., such phrase shall not include revenues received from any national advertising carried on the cable system.,
that portion of a payment to a third party for the carriage or reception thereof., or any taxes on cable service which are im-
posed directly or indirectly on any subscriber thereof by any govemlnental unit or agency., and which are collected by the
franchisee on behalf of such governmental unit or agency.
\ol.lnstitutional networks"" means a communication network which is constructed or operated by the cable operator and
which is generally available only to subscribers who are not residential subscribers.
\o\oService tier"" means a category of cable service or other services provided by the franchisee and for which a separate
rate is charged by the franchisee.
\o"Streef" means the surface., the air space above the surface and the area below the surface., of all public roads., streets.,
highways., alleys., easelnents., boulevards., bridges., tunnels., public utility easements., and all public grounds within or belong-
ing to the county or under its control or supervision within the franchise area.
\ol.Subscriber"" Ineans an authorized recipient legally receiving basic service., additional service tiers., or both. (Prior code
S 6.8-16)
5.12.020 Procedure for the initial grant of a franchise.
A. Any entity desiring an initial franchise under this chapter shall first make a proposal therefor to the county adminis-
trator. Such proposal shall., at a minimum., contain the following:
1. Ownership information., which includes the following:
a. If a corporation., provide the state of incorporation and identification and ownership interests for all officers and
directors., and stockholders owning and voting five percent or more of the applicant's stock.,
b. If a corporation., provide the following stock information: classes of stock., par value., votes per share., number of
shares authorized., number of shares issued., number of shares subscribed" and total number of stockholders. If there are any
assignments of voting rights or intended assignment of voting rights., furnish full details and attach copies of documents
evidencing the same.,
c. If a partnership., provide identification and ownership interest for all general and limited partners.,
d. If a proprietorship., joint venture or other entity., provide full identification and ownership details.,
e. If an affiliate., subsidiary or parent company., provide full identification and ownership details., as in subsection
(A)( I )(b) of this section., for all affiliates., subsidiaries and parent companies of the applicant.
If any of these are publicly owned., the requirelnents of this subdivision may be satisfied by furnishing a copy of the latest
audited annual report~
2. Character information., which includes the following:
a. The past or current involvement of the applicant or any of its principals as a party in criminal or civil proceedings.,
b. Whether applicant (including parent corporation if applicable) or any principal has ever been convicted in a crimi-
nal proceeding (felonies or misdemeanors) in which any of the following offenses have been charged: fraud., embezzlelnent,
tax evasion., bribery., extortion., jury tampering., obstruction of justice (or other misconduct affecting public or judicial offi-
cers in the performance of their official duties)., false or misleading advertising., perjury., antitrust violations (state or fed-
eral)., violations of FCC regulations or conspiracy to cOlnmit any of the foregoing. If yes in any instance(s)., provide the dis-
position thereof.,
c. Whether the applicant or any principal has ever been a party to a civil proceeding., or is now a party to such pro-
ceedings., which are of the following nature: unfair or anticompetitive business practices., antitrust violations (state and fed-
131
5.12.020
eral) including instances in which consent decrees were entered, violations of securities laws (state and federal),
false/misleading advertising, or violations of FCC regulations. If yes, provide the case status thereof,
d. Whether the applicant or any principal has ever been subject to any sanction or penalty, criminal or civil, involving
failure to comply with the requirements of a cable television franchise. If yes, provide the case status thereof,
e. Whether the applicant or any principal has ever, as a franchisee, instituted legal action against its franchisor. If yes,
provide the case status thereof,
f. Whether the applicant or any principal ever had a FCC license revoked, suspended or renewal denied, or is a party
to a proceeding which lTIay result in same. I f yes, provide the disposition thereof~
3. Financial information which includes the following:
a. Describe in detail the financing plan for the construction and initial operation of the proposed cable COlTIlTIUnica-
tions systenl and provide proof of financial capability. Proof of financial capability includes:
i. A sho\ving of sources and amount of equity capital~ if equity contribution is borrowed, describe collateral and tenns
of the loan,
11. A showing of sources and alTIOunt of debt capital., both primary and secondary,
Ill. Terms of any financing agreements,
b. Supply documentation that demonstrates and assures the applicant's financial viability, such as, but not limited to.,
letters of comlTIitment from financial institutions which demonstrate the availability of sufficient funds to cOlTIplete con-
struction of the proposed systeln,
c. If the applicant is a tTIultiple system operator, give evidence of the portion of the company's line of credit which is
uncolnmitted and will be applied to the proposed construction,
d. If individual investors are involved, state the amount of equity contribution of each plus the method by which the
contribution is paid such as cash, cash plus credit or services. Include financial cOlnmitment documentation for each inves-
tor,
e. If the applicant is a division or subsidiary of a multiple-system operator, provide an annual report for the parent
COlnpany,
f. I f capital is to be raised by a parent company, provide the proposed debt instrument describing terms of paYlnent,
g. Pro forma financial statelnents are required for the years beginning with the date the franchise agreelnent is ac-
cepted projected annually through the year the applicant anticipates that all financing obligations and debt will have been
retired. Such pro fonnas include incolne statements supported by realistic levels of subscriber penetration including the
source of the information and basis for projections, sources and uses of funds, loan alTIortization information., anticipated
capital expenditures, construction costs, depreciation., schedules., and operating expenses. The applicant shall provide and
detail the basic assumptions relied upon to support its projections~
4. Technical qualifications, which includes the following:
a. Describe any specialized qualifications and cable system experience the applicant may have had, including but not
litnited to: the ownership., construction., management and operation of other cable cOlnmunications systems, specifying the
manner in which the applicant participated, available personnel with technical qualifications and experience comlnitted to
the proposed system design., construction and operation~ construction contractors to be used if any~ and technical consult-
ants, including suppliers to be utilized in design. Indicate the type of participation and the qualifications of persons, such as
consultants and contractors, whose services will be utilized,
b. A comprehensive, but concise, description of the proposed system design which clearly reflects the applicant's de-
sign philosophy as well as the features planned and not planned. The design items should not., however, be construed as
mandatory features of the county ~
i. Briefly describe the type of layout that will be used to provide coverage to the franchised territory,
ii. Describe distribution system cable equipment, including manufacturer, type and tnodel nUlnbers (aerial and under-
ground including drops), active electronics including power supplies and standby systelnS., and passive electronics.,
iii. Describe the need for and proposed use of converters, including an explanation of the conditions under which con-
verters will be furn ish ed,
iv. Describe plans for the use of transmission services in the common carrier, cable television relay (CARS), lTIulti-
point distribution and other bands.,
v. Describe plans for the use of satellite earth station(s), including specifications,
132
5.12.030
vi. Describe design specifications for the delivery of pay cable television~ including methods of security. Iflnore than
one basic tier is to be provided~ indicate how higher tier subscribers will be isolated fonn the lower tier~
vii. Describe headend design and reception facilities. Indicate whether signal studies or lneasurelnent progralTIS have
been undertaken in selecting the headend site~
viii. Furnish a summary spectrum utilization chart~
ix. Describe any other headend or subscriber terminal equiplnent that will be or may be installed for pay-per-view ser-
vice and other interactive services~ such as but not lilnited to text display or home security. Give full details of ilnlnediate
and long-term plans~ including arrangements actually made~
x. If an elnergency alert system is proposed~ describe how the system will work~ how the systeln would be activated
and froln where~
Xl. Describe equipment to be used for programming any automated channels~ including make and Inodel nUlnbers~
5. Channel capacity~ which includes the following information:
a. Indicate the frequency spectrum~ designed channel capacity~ and channel capacity initially to be activated for down-
stream service~ and the frequency spectruln~ channel capacity and extent to which upstream capacity will be activated from
subscribers. lfno upstream subscriber activation is now planned~ when and under what circumstances it would be activated.
Justify the capacities proposed for both upstream and downstream use in tenns of projected service demand. Indicate the
channel capacity reserved for public~ educational and governmental use~
b. Ifinstitutional services are proposed~ provide information for such channels or network as in subsection (A)(5)(a)
of this section~ and describe the plans in detail~ including the institutional users to be served. Provide a proposed set ofmles
and regulations governing use of the institutional facilities~
c. Discuss channel expansion capability in respect to both the short term and long tenn~ including specific reference to
the degree of flexibility available for adapting the system to increasing or changing capacity requirements.
B. Upon determining that the applicanfs proposal is complete~ the county administrator shall promptly agenda the
proposal before the board of county commissioners for consideration at a public hearing~ affording adequate notice and op-
portunity for both public comment and participation by the applicant. Following such hearing~ the board may grant the pro-
posal by ordinance~ or deny the same~ based on the following factors:
1. The econolnic impact upon private property within the franchise area~
2. The public need for such franchise~ if any;
3. The capacity of public rights-of-way to accommodate the cable system~
4. The present and future use of the public rights-of-way to be used by the cable system~
5. The potential disruption to existing users of the public rights-of-way to be used by the cable system and the resul-
tant inconvenience which may occur to the public;
6. The character and financial ability of the franchise applicant to perform~
7. Other societal interests as are generally considered in cable television franchising. (Prior code S 6.8-17)
5.12.030 Franchise grant.
A. A franchise shall be a nonexclusive grant by ordinance to operate a cable system within the franchise area. The
grant includes the right and privilege to construct~ erect, operate and maintain~ in~ upon, along~ across~ above~ over and un-
der all streets such as poles~ wires, cables~ underground conduits~ Inanholes and other television conductors and fixtures
necessary or convenient for the maintenance and operation of a cable system.
B. The right to use and occupy the streets for the purposes set forth in this chapter shall not be exclusive~ and the
county reserves the right to grant a similar use of the streets to any entity during the period of the franchise. The rules~ regu-
lations and standards legally adopted by the Federal Communication Commission~ as well as 47 U.S.C.A. 521 ~ et seq.~ and
all amendments thereto~ as well as F.S. S 166.046 and F.S. S 125.42 and all alnendments thereto~ shall apply to and shall
govern the operations of any franchise granted under this chapter and such rules~ regulations and statutes are declared to be
part of any franchise granted~ and such rules~ regulations and statutes shall control over any of the terms and conditions set
forth in this chapter or any franchise granted hereunder to the extent of any conflict.
C. Except as limited by subsection B of this section~ any franchise shall incorporate all the tenns and procedures of
this chapter as if they were fully set out in such franchise. (Prior code S 6.8-18)
133
5.12.040
5.12.040 Duration of the franchise.
Any franchise granted by the county shall be for a term of ten (10) years unless the parties Inutually agree to a lesser
term. (Prior code * 6.8-19)
5.12.050 Service availability.
The franchisee shall conduct and operate its cable systeln so as to provide service to all areas within the franchise area
where econolnically feasible. This includes service to all franchise areas of the franchise area where there is an average den-
sity of not less than twenty-five (25) households per line Inile of cable extension necessary to serve those households. The
franchisee shall~ within one hundred twenty (120) days from the grant of the franchise~ furnish the county a schedule of con-
struction and expansion so that all such areas within the county Inay be served within four years froln the date of the fran-
chise grant. That a portion of the franchise area is already served by an existing cable operator shall not relieve any franchi-
see from the requirelnent of extending its lines into such area. (Prior code ~ 6.8-20)
5.12.060 Minimum services to be provided.
A. Any franchise shall have as a requirement the following services:
1. A service tier offering basic cable service~
2. A designation or use of channel capacity for public~ educational or governmental use by the county.
B. The franchisee may also provide such other services as it deems economically feasible.
C. Notwithstanding any implications in subsections A and B of this section~ the franchisee shall be capable of offering
to the subscribers a combination of service tiers whose total number of cable service channels is at least fifty (50).
D. If the franchisee elects to provide institutional networks~ channel capacity thereon shall be designated for educa-
tional or governmental use.
E. Subscribers to the franchisee ~s service shall not be required to assure the franchisee that they will subscribe to the
franchisee ~ s service for any length of time~ and subscribers may terminate service at any time.
F. The franchisee may not deny cable service access to any group of potential cable subscribers because of the income
of the local area in which such group resides. (Prior code * 6.8-21)
5.12.070 Service standards.
A. The franchisee shall maintain and operate the systeln and render efficient service in accordance with the rules and
regulations as set forth by the FCC.
B. The franchisee shall furnish to its subscribers for all services~ with no discritninatory or unreasonable delay in the
franchisee ~ s installation of full service within the various neighborhoods in the serviceable franchise area~ the best signals
practicable under the circumstances existing at the time~ and shall provide quality reception of its cable service to each sub-
scriber so that both sound and picture are produced free from visible and audible noise~ distortion and ghost ilnages on stan-
dard television receivers in good repair.
C. The franchisee shall put~ and keep and Inaintain~ all parts of the cable system in good condition and repair through-
out the term of the franchise.
D. The franchisee shall not make or grant any preference or advantage to any person~ or subject any person to any un-
reasonable difference in rates~ charges~ service of facilities within the franchise area.
E. The franchisee shall expeditiously investigate and resolve all subscriber complaints concerning the operation of the
cable system~ normally within twenty-four (24) hours but in no event except for emergencies~ later than forty-eight (48)
hours. A record shall be made of all complaints received~ indicating the name and address of the complaining party~ the
cOlnplaint~ and the action taken to rectify the complaint. Copies of such records shall be delivered on a monthly basis to the
county administrator.
F. The franchisee shall undertake~ where economically feasible~ any construction and installation as may be necessary
to keep pace with the latest developments in the state of cable systems~ whether with respect to increasing the channel ca-
pacity beyond the fifty (50) channel Ininimuln described in Section 5.12.060(C)~ utilizing any new technology~ furnishing
improved converters~ providing commercial channels~ instituting two-way services~ providing institutional channels or oth-
erwise. (Prior code * 6.8-22)
134
5.12.080
5.12.080 Rights-or-way use conditions.
A. Nothing contained in Section 5.12.030 shall be construed to relieve the franchisee from procuring any and all ease-
lnents~ rights-of-way~ covenants~ grants~ certificates of approval~ and permits which may be required from any entity pres-
ently operating in the franchise area and which are necessary for the installation~ construction and operation of the cable
systeln authorized by a franchise granted pursuant to this chapter.
B. The franchisee shall ensure that the safety~ functioning and appearance of any streets or privately owned property~
safety and convenience of other persons~ are not adversely affected by the installation and construction of the cable systeln.
C. All permanent cable system transmission and distribution structures~ lines and equiplnent erected by the franchisee
within the franchise area shall be so located as to cause lninimum interference with the proper use of the streets and to cause
minilnU1TI interference with the rights and reasonable convenience of property owners who adjoin any of the streets.
D. In case of disturbance of any street(s) by the franchisee~ the franchisee shalL at its own cost and expense and in a
manner approved by the county acting through its authorized officers or employees~ replace and restore such street in as
good a condition as existed prior to the commencement of the work involving the disturbance.
E. If at any time during the period of a franchise granted under this chapter the county shall lawfully elect to alter or
change the location or grade of any street(s)~ the franchisee, upon reasonable notice by the county~ shall remove~ relay~ and
relocate its poles, wires, cables, underground conduits, manholes~ and any other cable system equipment and fixtures~ at its
own expense.
F. Any cable system equipment~ poles or other fixtures placed in any street or streets by the franchisee shall be placed
in such manner as not to interfere with the traveling public.
G. The franchisee, during the installation, maintenance and operation of its cable system~ must guard and protect any
opening or obstruction in the streets by placing adequate barriers~ fences or boardings, the bounds of which shall be clearly
designated by warning lights during periods of dusk and darkness.
H. After having received not less than seventy-two (72) hours~ prior notice~ the franchisee shall comply with all mov-
ing permits issued by the county or by FDOT by temporarily raising or lowering its wires to permit the moving of structures
or high loads. The cost to the franchisee of complying with the lTIoving permit shall be borne by the person or entity that
obtained the lTIoving permit~ and the franchisee shall have the right to request paY1TIent in advance.
I. The franchisee shall have the authority to trim trees upon~ or overhanging streets so as to prevent the branches of
such trees from coming in contact with the wires and cables of the franchisee, in a manner approved by and acceptable to
the county. At the option of the county~ such trimming may be done by it or under its supervision and direction at the ex-
pense of the franchisee~ if prior approval of franchisee has been obtained.
J. In all sections of the service area where the franchisee utilizes the facilities of City Electric System~ the Electric Co-
op or Southern Bell and those facilities are placed underground~ the franchisee shall~ at its own expense~ place its cable sys-
tem~ wires or other like facilities underground to the maximuln extent that existing technology reasonably pennits the fran-
chisee to do so.
K. Upon receipt of written notice from the county that any wires~ equipment, fixtures or attachments of the franchi-
see~s cable system interfere with the primary use of the county's streets, endanger its employees or the public~ or interfere
with the use of other county property, the franchisee shall promptly, and at its own expense~ remove~ alter~ rearrange~ ilTI-
prove or repair the cable system wires~ equipment~ fixtures or attachments in such a manner as the county may direct.
L. The franchisee shall grant to the county ~ free of charge~ the joint use of any and all poles owned by the franchisee
for any proper public purpose, so long as such use by the county does not interfere with the operation and maintenance of
the cable system. (Prior code S 6.8-23)
5.12.090 Use of franchisee equipment in the event of an emergency.
The franchisee shall allow the county the use of its facilities in the event of any emergency.. such emergency to be deter-
mined by the mayor~ the board of county commissioners~ or the governor. However~ the county shall indemnify and hold
hannless the franchisee from any and all demands, claims~ judgments of any kind or character arising out of~ or resulting
froln~ the use of the cable system~ or its equipment~ by the county. (Prior code S 6.8-24)
135
5.12.100
5.12.100 Provision for basic cable service to certain county facilities.
Upon the written request of the county, the franchisee shall furnish free installation and free basic cable service for one
outlet each in the county offices at Plantation Key and Marathon, and for each public school in the franchise area, provided
that the offices or schools are within two hundred fifty (250) feet of existing cable service.
The franchisee shall for mutually agreeable and appropriate consideration provide Monroe County government a public
service television channel for use in conducting electronic arraignments, telecasting public lneetings, and providing public
service adlninistration and announcelnents. (Prior code ~ 6.8-25)
5.12.110 Insurance and indemnification.
The franchisee shall Inaintain and keep in full force and effect at all tilnes during the term of the franchise sufficient li-
ability insurance coverage to protect the county against any claims, suits, judgments, executions or delnands of any nature
whatsoever in a sum not less then one million dollars ($1,000,000.00) per person in any one claiJn~ one million dollars
($1,000,000.00) as to anyone accident or occurrence~ and not less than one Inillion dollars ($1,000,000.00) for property
dalnage as to anyone accident or occurrence. The county shall notify the franchisee in writing within thirty (30) days after
notice or presentation of any clailn or demand, either by suit or otherwise, made against the county on account of or arising
out of any act or omission connected with the operations of the franchisee. The franchisee shall indelnnify and hold hann-
less the county at all times during the tenn of the franchise agreement from and against any and all losses resulting froln
injuries or damage to persons or property, including injuries to the employees of the county or damage to the property of the
county, arising out of the negligence of the franchisee or its agents while engaged in the work of constructing, operating or
maintaining the cable system. Further, the franchisee agrees to defend, fully indemnify and hold hannless the county froln
and against any and all claims and demands whatsoever, including any claims or delnands froln any source whatsoever, on
account of license or copyright infringements or violations of any translnittal rules or regulations of the FCC or other gov-
ernmental regulatory bodies~ however, the county shall notify the franchisee in writing within thirty (30) days after notice or
presentation of any claim or demand, either by suit or otherwise, made against the county on account of or arising out of any
act or olnission connected with the operation of the cable systeln authorized by the franchise. (Prior code ~ 6.8-26)
5.12.120 Rates and charges to the subscriber.
The franchisee shall keep and maintain on file with the county administrator's office, and prominently display in all the
franchisee's offices within Monroe County, a schedule of currently effective rates and charges for the cable services of the
franchisee within the franchise area. (Prior code 9 6.8-27)
5.12.130 Franchise fee.
A. In consideration of the granting and exercise of a franchise for the operation of a cable system, the franchisee shall
pay annually to the county, from the gross revenues received from the franchise area, five percent of such revenues.
B. For the purposes of this section, the twelve (12) lnonth period applicable under the franchise shall be the fiscal year
comlnencing October 1 st and ending on September 30th. The franchise fee payment shall be due and payable ninety (90)
days after the close of the preceding fiscal year. Each payment shall be accompanied by a report certified as correct froln a
certified public accountant of the franchisee showing the basis for the computation and the amount of the payment. How-
ever, the county shall have the right and authority to inspect the franchisee' s revenue records under the franchise and the
right of audit and recomputation of any alnount payable under this section. The cost of the audit shall be borne by the fran-
chisee when the same results in increasing, by more than five percent, the franchisee's annual paYlnent to the county.
C. No acceptance of any franchise payment shall be construed as a release or an accord and satisfaction of any claim
the county Inay have arising from the installation, operation or maintenance of the franchisee's cable system or for the per-
formance of any other obligation required by the franchise.
D. All franchise fees which are not paid when due and payable under this section shall bear interest at the maximum
legal rate until paid. If not paid when due and payable, the county may institute suit against the franchisee in a court of
competent jurisdiction or proceed according to Section 5.12.150. (Prior code ~ 6.8-28)
5.12.140 Assignment of the franchise.
The franchisee shall not sell, lease, assign or otherwise alienate its rights under the franchise without the prior written
approval of the county, which approval shall not be unreasonably withheld, provided that, ifno action is taken by the county
136
5.12.150
on any application for approval hereunder within thirty (30) days after sublnission to the county of such written application~
the application shall be deelned granted and approved. Notwithstanding the foregoing~ the county authorizes the franchisee
to assign~ alienate or transfer its right hereunder to any affiliate; provided~ however~ that~ the franchisee shall give thirty (30)
days' written notice to the county of such a transfer. In addition~ no approval shall be required for a transfer in trust~ mort-
gage or other hypothecation as a whole of the franchisee's rights under the franchise to secure indebtedness incurred in con-
nection with any financing of the operations of the cable system; however~ the franchisee shall give written notice to the
county of such a transfer. (Prior code ~ 6.8-29)
5.12.150 Modification of the franchise.
A. During the period a franchise is in effect~ the franchisee Inay obtain~ from the board of county commissioners~
modifications of the franchise terms if:
I. In the case of any such requirement for facilities or equipment, including public'l educational~ or governmental ac-
cess facilities or equipment~ if the cable operator demonstrates that: (i) it is commercially impracticable for the operator to
cOlnply with such requirement; and (ii) the proposal by the cable operator for modification of such requirement is appropri-
ate because of commercial impracticability; or
2. In the case of any such requirement for services~ if the cable operator delnonstrates that the mix~ quality, and level
of services required by the franchise at the time it was granted will be maintained after such modification.
B. The franchisee shall make a proposal modification'l stating the reasons therefor~ to the county administrator~ who
shall~ within one hundred twenty (120) days of its receipt, unless otherwise extended by mutual agreement'l schedule a pub-
lic hearing thereon before the board of county commissioners which shall afford adequate notice and opportunity for COIU-
ment. At the conclusion of the hearing, the board shall either grant the franchise modification by ordinance or deny the
same; but, if denied~ the reasons for such denial shall be clearly stated in writing.
c. The franchisee may not obtain a lnodification under this section of any requirement for services relating to public~
educational or governmental access. (Prior code ~ 6.8-30)
5.12.160 Termination of the franchise for cause.
A. The county may elect to terminate the franchise in the event of a wilful failure and refusat or prolonged neglect, of
the franchisee to do or comply with any material and substantial requirements or limitations contained in this chapter or
franchise granted pursuant thereto, or any material rule or regulation of the county validly adopted pursuant to this chapter
or franchise; if the franchisee practices fraud or deception upon the county'l which actions may include any attempt to pur-
posefully evade or avoid any of the substantial or material provisions of the franchise; if the franchisee is adjudged a bank-
rupt, makes an actual assignment of all or substantially all of its property for the benefit of creditors, or has a substantial
amount of its system property sold under execution or other legal process or seized by creditors and held thirty (30) days or
more by its creditors; or if the franchisee is in more than ninety (90) days of default in the making of any payments required
under this franchise.
B. Before the county may elect to tenninate the franchise, the county administrator shall make a written demand on the
franchisee to do~ or comply with any such requirelnent~ limitation, term~ condition~ rule or regulation. A notice to be effec-
tive for the purpose of securing revocation of the franchise shall state that such is the purpose of the notice. If the failure~
refusal or neglect of the franchisee continues for an unreasonable period oftime~ which shall in no event be less than sixty
(60) days following delivery of such written demand~ without written evidence that corrective action has been taken or is
being actively and expeditiously pursued~ the county administrator may place his or her request for termination of the fran-
chise upon a regular county commission meeting agenda. The county administrator shall cause to be served upon such fran-
chisee, at least ten (10) days prior to the date of such county comlnission meeting~ a written notice of intent to request such
termination~ specifying causes upon which the request is predicated~ and the time and place of the meeting, notice of which
shall also be published at least ten (10) days before such meeting in a newspaper of general circulation published in the
county.
C. The commission shall consider the request of the county administrator and shall hear any person interested therein,
and shall determine in its discretion whether or not any failure~ refusal or neglect by the franchisee as asserted by the admin-
istrator is well founded or was without just cause. If the declared or stated causes are not proven to be well founded or with
just cause'l the commission shall so find. If the written charges or causes of the county administrator are proven to be well
founded~ the commission shall then determine whether the charges are excused by just cause. The basis and facts of the
137
5.12.170
commission's detennination shall be set forth in written findings by the cOlnlnission, and a copy thereof shall be prolnptly
served on the franchisee.
D. If the asserted failure, refusal or neglect alleged by the adlninistrator is proven to be well founded but also to have
been with just cause, the cOlnlnission shall direct the franchisee to cOlnply therewith within such time and manner and upon
such terms and conditions as are just and reasonable. In the event the county adlninistrator determines that the franchisee
has not cOlnplied within the tilne set, he or she shall schedule a subsequent franchise termination hearing before the board of
county comlnissioners providing the ten (I 0) day notice required in subsection B of this section. The board of county COln-
lnissioners shall conduct the subsequent hearing and Inake findings pursuant to subsection C of this section and may make
such detenninations as are provided for in this subsection or subsection E of this section.
E. If the cOlnmission shall detennine such failure, refusal, or neglect by the franchisee as asserted by the administrator
was well founded and was without just cause, then the commission lnay, by resolution, ilnpose a reasonable penalty, or de-
clare that the franchise is terminated, or shall be terminated unless there be compliance by the franchisee within such tilne
period as the commission may fix. In the event the county administrator detennines that the franchisee has not complied
within the time set, he or she shall schedule a subsequent franchise tennination hearing before the board of county cOlnlnis-
sioners providing the ten-day notice required in subsection B of this section. The board of county commissioners shall con-
duct the subsequent hearing and make findings pursuant to subsection C of this section and may make such determinations
as are provided for in this subsection. (Prior code S 6.8-31)
5.12.170 Operation, purchase and sale of the cable system after termination or expiration of the
franchise.
A. In the event a franchise is terminated, or upon its expiration, the county may require the franchisee to continue op-
eration for a period not exceeding twelve (12) months after the date of the franchise termination or expiration. Unless pur-
chased or transferred, the franchisee shall have two years from the date it ceases operations to remove, at its own expense,
all portions of its cable system froln all streets in a manner satisfactory to the county. The franchisee shall fi Ie and maintain
a surety bond with the county no later than three lnonths prior to the cessation of its operations, in the amount of at least five
hundred thousand dollars ($500,000.00), or such lesser alnount as is agreeable to the county, conditioned upon the faithful
removal of its cable system equiplnent and facilities as required by this section.
B. In the event of the expiration of a franchise either granted pursuant to this chapter or in existence on the effective
date of this chapter, and after a determination that a renewed franchise shall not be granted, or upon the termination of a
franchise granted under this chapter for cause, the county shall have the right to purchase the cable systeln, or direct its sale
to another entity, but only at fair market value determined on the basis of the cable systeln valued as a going concern but
with no value allocated to the franchise itself. Should a dispute arise over the determination of the fair market value of the
cable systeln, the dispute shall be resolved by arbitration in accordance with the rules of the American Arbitration Associa-
tion, as modified by the laws of the state of Florida, unless the franchise provides another method or the parties lnutually
agree otherwise. (Prior code S 6.8-32)
5.12.180 Grant of a renewed franchise to franchise holders.
A. At any time during the period between the thirty-sixth and thirtieth months before the expiration of the franchise,
regardless of whether the franchise was granted under this chapter or was in existence on the effective date of this chapter~
the franchisee may, if desiring a renewed franchise, make a proposal to the county administrator. Such proposal shall be in
the fonn and contain the information as required in Section 5.12.020(A).
B. The county administrator shall promptly agenda before the board of county commissioners a hearing which affords
the public notice and participation for the purpose of:
I. Identifying the future cable-related comlnunity needs and interests~ and
2. Reviewing the performance of the franchisee under the franchise during the current term.
c. Within four months of the hearing required by subsection B of this section, the board of county commissioners shall
hold a public hearing, which includes the opportunity to receive cOlnments troln members of the public and a full and fair
participation by the franchisee, including the right to introduce evidence (including evidence related to issues raised in the
proceeding under subsection B of this section), to require the production of evidence in possession of the county or any of
its consultants or contractors, and to question witnesses. A transcript by a certified court reporter shall be provided at county
expense. At the conclusion of the hearing, the board shall either grant the proposal for a renewed franchise by ordinance, or
138
5 . ] 2. ] 90
deny the same~ but the reasons for denial shall be clearly stated on the record and reduced to writing. In considering whether
to grant or deny a franchise renewal proposal~ the board shall consider the following factors:
]. Whether the franchisee has substantially complied with the material terms of the existing franchise and applicable
law except to the extent that the county has acquiesced in any departure froln such terms~
2. Whether the quality of the franchisee 'Is service'l including signal quality~ response to consumer cOlnplaints and bill-
ing practices'l but without regard to the mix~ quality or level of cable services or other services provided over the cable sys-
tem~ has been reasonable in the light of the community'ls needs~
3. Whether the franchisee has the financiat legal and technical ability to provide the services'l facilities and equipment
as set forth in the franchisee 'I s proposal ~
4. Whether the franchisee~s proposal is reasonable to meet the future cable-related public needs and interests'! taking
into account the cost of meeting such needs and interests~
5. The economic ilnpact upon private property within the proposed franchise area~
6. The capacity of public rights-of-way to accommodate the cable system~
7. The present and future use of the public rights-of-way to be used by the cable systeln~
8. The potential disruption to existing users of the public rights-of-way to be used by the cable system and resultant
inconvenience which may occur to the public~
9. The character of the applicant~
10. Other societal interests as are generally considered in cable television franchising.
D. Notwithstanding subsections A through C of this section, the franchisee~ regardless of whether the holder of a fran-
chise granted under this chapter or in existence on the effective date of this chapter~ may at any time submit a proposal for a
renewed franchise~ which shall be in the same form and contain the same information as required in Section 5.12.020(A)'1 to
the county adlninistrator. The county administrator shall promptly agenda the proposal before the board of county comlnis-
sioners for consideration at a public hearing affording adequate notice and opportunity for COlnment. Following the hearing
the board lnay grant the proposal for franchise renewal by ordinance'l or deny the same~ based on the following factors:
I. The econolnic impact upon private property within the franchise area~
2. The public need for such franchise~ if any~
3. The capacity of public rights-of-way to accommodate the cable system~
4. The present and future use of the public rights-of-way to be used by the cable system~
5. The potential disruption to existing users of the public rights-of-way to be used by the cable systeln and the resul-
tant inconvenience which may occur to the public~
6. The character and financial ability of the franchise applicant to perform~
7. Other societal interests as are generally considered in cable television franchising. (Prior code ~ 6.8-33)
5.12.190 Overlapping franchises.
The board shall not grant any overlapping franchises for cable service on terms or conditions more favorable or less bur-
densome than those of any existing franchise except as authorized by F.S. ~ 166.046(4) and (5). (Prior code ~ 6.8-34)
5.12.200 Legal expenses.
Any and all legal expenses~ including attorneys' fees~ incurred by the county~ including those incurred in any proceedings
before the Federal Communications Commission~ in the enforcement of the terms of this chapter or any franchise granted
pursuant thereto shall be the responsibility and obligation of the franchisee~ but only ifajudgment~ settlement, stipulation or
other detennination or result is rendered or reached which is favorable to the county. (Prior code ~ 6.8-35)
5.12.210 Effect on existing franch ises.
Nothing in this chapter shall be construed as affecting the terms of any cable television franchise existing on the effective
date of this chapter except to the extent that such franchisees~ if desiring a renewed franchise~ must seek such a renewal pur-
suant to this chapter. (Prior code S 6.8-36)
]39
5.16.010
Chapter 5.16
COMMERCIAL FISHING
Sections:
5.16.010
5.16.020
Commercial fishing residential occupation license.
Unloading of shrimp by commercial fishing vessels restricted.
5.16.010 Commercial fishing residential occupation license.
A. Required.
I. Effective January I ~ 1990~ every person~ firm or corporation possession a saltwater products license froln the state
of Florida and having applied and qualified under Section 9.34.270~ Monroe County Code (commercial fishing residential)
is required to have a county residential occupation license.
2. Those having applied and qualified under Section 9.34.270 shall provide the tax collector with a letter froln the
county planning department identifying the lot parcel and RE number of the applicant's cOlnlnercial fishing residential site.
That identification shall appear on the license. The fee will be eighteen dollars ($18.00) per year.
B. Administration. The issuance of the license and the disposition of the revenues so collected~ and the revocation of
the license shall be in the same manner as set forth in Chapter 5.04.
C. Penalties and enforcement. Violations of this section may be punished as provided in Section 5.04.070~ or in the
same Inanner as second degree Inisdelneanors or otherwise enforced as provided by general or special law or ordinance.
(Editorially alnended during 2004 codification~ Ord. 022-2004 ~S 16~ 17~ prior code S~ 12.5-1-12.5-3)
5.16.020 Unloading of shrimp by commercial fishing vessels restricted.
A. As used in this section, the following terms shall have the meanings indicated:
~~Commercial fishing vessel'~ means any boat or vessel which is required to be nUlnbered or registered or enrolled by and
under the laws of the United States of America or the state and which vessel or boat is used for the purpose of taking or
catching~ or assisting in the taking or catching of shrimp 1llr payor for the purpose of sale~ barter or exchange~ or which is
used for the purpose of taking or catching~ or assisting in the taking or catching of shrilnp for pay~ barter or exchange.
~~Colnlnercial shrimp business~~ means any person~ firm or corporation who or which operates a shrilnp house~ plant or
other establishlnent for compensation or profit for the purpose of unloading and handling from cOlnmercial fishing vessels.
B. It shall be~ and it is declared to be~ unlawful for any person to remove or unload shrilnp froln any commercial fish-
ing vessel within the unincorporated liInits of the county unless such shrimp are relnoved~ or unloaded~ at a regularly estab-
lished comJnercial shrimp business house which is duly I icensed under the laws of the state and is operating such business at
the time of such relTIoval or unloading.
C. Nothing in this section shall be so construed to prohibit a regularly established cOlnmercial shrimp business house
which is duly licensed under the laws of the state from removing or unloading shrimp from any cOlnlnercial fishing vessel
to a Inotor vehicle for transport to such duly licensed commercial shrimp business~ or to prohibit an owner or lessee of a
cOlnmercial boat froln selling his or her shrilnp to buyers other than to shrimp houses.
D. Nothing herein contained shall be so construed to prohibit the removal~ transferring or unloading under the direct
and personal supervision of the registered owners of the vessel.
E. The owner of the vessel shall produce~ upon demand by any law enforcement officer or other person authorized by
law~ positive verification of ownership of the vessel and personal identification of the owner. (Prior code ~ 7-1)
140
5.20.010
Chapter 5.20
CONVENIENCE FOOD STORES
Sections:
5.20.010
5.20.020
5.20.030
5.20.040
Definitions.
Regulations.
Training em ployees.
Penalties and enforcement.
5.20.010 Definitions.
The following terms and phrases, when used in this chapter, shall have the meanings ascribed to theln in this section,
except where the context clearly indicates a different meaning:
\'\'Convenience food store" is a business establishment that:
1. Derives fifty (50) percent or more of its gross income from the sale of goods, merchandise, or other articles of value
in their original containers;
2. Offers a lilnited quantity and variety of food, household and sundry items;
3. Is regularly open for business at any time between the hours often p.ln. and five a.m.; and
4. Does not sell or have for sale prescription drug itelTIs.
The term \'~convenience store" does not include a store which is solely or primarily a restaurant. The term \'~convenience
store" does not include any store in which the owner and members of his or her family work in the store between the hours
often p.ln. and five a.m.
Iol.Owner" or lo~operator" is the person, corporation, partnership, joint venture or other group enterprise or entity having
lawful possession or control of the premises upon which the convenience food store is operated.
\'''Elnployee'' is the person, corporation, partnership, joint venture or group enterprise legally responsible for the day-to-
day operation of the convenience food store. (Prior code S 6.4-1)
5.20.020 Regulations.
Within one hundred twenty (120) days of the effective date of this chapter, all convenience food stores in the unincorpo-
rated area of Monroe County shall comply with the following regulations:
A. Locate any signs posted in the windows so as to provide a clear and unobstructed view of the cash register and sales
area from the street;
B. Locate the sales area so that the clerk and customer are fully visible froln the street at the time of the sales transac-
tion;
c. Post a conspicuous sign in the window which states that the cash register has fifty dollars ($50.00) or less in it;
D. Have no more than fifty dollars ($50.00) cash available and readily accessible to employees between the hours of
nine p.m. and six a.m.;
E. The parking lot of the convenience store shall be illuminated at an intensity of two footcandles per square foot with
a uniformity ratio of no more than 5: 1 at eighteen (18) inches above the surface;
F. Each convenience store shall be equipped with the following:
I. A silent alarm that notifies local law enforcement or a private security agency that a robbery is taking place,
2. A security camera system capable of retrieving an ilnage to assist in the identification and apprehension of a robber,
3. A drop safe or cash management device that provides minimum access to the facility's cash receipts;
G. Prohibit window tinting on the windows of the establishtnent if such tinting reduces exterior or interior viewing
during the hours of operation to which this section is applicable;
H. Install height markers at the entrance of the establishment which display height measured froln the floor. (Prior
code S 6.4-2)
5.20.030 Training employees.
No later than June 30, 1991, the owner or principal operator of a convenience store shall provide proper robbery deter-
rence and safety training to at least its elnployees who work between the hours of nine p.m. and six a.m. Any proposed pro-
141
5.20.040
graIn of training shall be sublnitted in writing to the attorney general. The attorney general shall review and approve or dis-
approve of training progralns in writing within sixty (60) days after receipt of a proposal describing the training to be pro-
vided. Approval shall be given to progralTIS which train and familiarize store elnployees with the security principles, devices
and Ineasures required by Section 5.20.020 of this chapter. Decisions of the attorney general relating to approval of training
progralns shall be subject to the provisions of F.S. Ch. 120. No person shall be liable for ordinary negligence due to ilnple-
Inenting an approved training program, provided that the training was actually provided. (Prior code S 6.4-3)
5.20.040 Penalties and enforcenlent.
If any convenience store is found to be in violation of any of the tenns of this chapter, a written notice, specifying the
nature ofviolation(s), shall be mailed to the owner or operator of the store. Ifnoncolnpliance with this chapter is corrected
within ten (10) days after receipt of written notice, no noncompliance fee shall be assessed. However, any owner or princi-
pal operator of a convenience store who wilfully and deliberately violates the requirelnents of this chapter or who deliber-
ately fails to initially implelnent the requirements of this chapter shall be required to pay to Monroe County government
upon complaint filed by the county, a civil fine of up to five thousand dollars ($5,000.00). (Prior code S 6.4-4)
142
5.24.0 I 0
Chapter 5.24
MOTOR VEHICLE TITLE LOANS
Sections:
5.24.0 I 0
5.24.020
5.24.030
5.24.040
5.24.050
5.24.060
5.24.070
5.24.080
Definitions.
Motor vehicle title loan transactions.
Maximum interest rate.
Transaction satisfaction and default.
Licenses.
Violations and penalties.
Additional remedy to borrower-Private right of action.
Transaction period for regulations, restrictions and licensure provisions.
5.24.0 I 0 Definitions.
As used in this chapter:
~~Secondhand dealer" has the same meaning as used in F.S. ~ 538.03(1)(a), as it may be amended from time to time.
~'Title loan" means a loan of money secured by bailment of a certificate of title to a motor vehicle.
"'Title loan agreelnent" means a written agreelnent whereby the title loan lender agrees to make a loan of a specific sum
of money to the owner ofa motor vehicle, and the owner of the motor vehicle agrees to give the title loan lender a security
interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement.
'~Title loan lender" means any person who is engaged in the business of making title loans or engaging in title loan agree-
ments with an owner ofa motor vehicle, which includes., but is not limited to, secondhand dealers, as defined in F.S. Ch.
538, as Inay be amended. (Prior code ~ 10.5-76)
5.24.020 Motor vehicle title loan transactions.
A secondhand dealer registered under F.S. Ch. 538, Part 1, may engage in motor vehicle title loan transactions., as that
tenn is used in F.S. Ch. 538., Part 1, if the following conditions are met:
A. The secondhand dealer maintains physical possession of the motor vehicle certificate of title throughout the term of
the loan~
B. The borrower maintains possession of., or control over., the motor vehicle throughout the term of the loan~
C. The borrower is not required to pay rent or any other charge for the use of the motor vehicle~
D. The secondhand dealer delivers to the borrower., at the time a loan is made., a statelnent showing the loan amount.,
origination date., maturity date., finance charges., a description of the security., the name and address of the borrower and the
secondhand dealer., the rate of interest expressed in terms of annual percentage rate., the total nUlnber of payments required.,
and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan., the
secondhand dealer must deliver a statement with the information required herein for each renewal~ and
E. The title loan agreement contains the following statement printed in not less than fourteen ( 14) point type:
a. Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including
the finance charge., YOU WILL LOSE YOUR VEHICLE.
b. You are encouraged to repay this loan at the end of the thirty-day period. The lender is not required to ex-
tend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as pos-
sible.
c. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN
TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE
LOWER THAN TWO AND ONE-HALF PERCENT (2 1/20/0) PER MONTH OR AN ANNUAL PERCENTAGE
RATE OF THIRTY PERCENT (300/0).
d. The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has
no liens or encumbrances against it., the borrower has the right to enter into this transaction, and the borrower will
143
5.24.030
not attelnpt to sell the motor vehicle or apply for a duplicate title while the title loan agreelnent is in effect'l and that
doing so will be a violation of law.
e. If you are a melnber of the Armed Forces of the United States of Alnerica'l you may be eligible for finan-
cial assistance. You are urged to explore these options with a representative of your cOlnlnanding officer.
f Itnlnediately above the signature of the borrower the statement that ~~I'l the borrower declare that the in-
fonnation I have provided is true and correct and I have read and understand the foregoing doculnent. ~~
g. A blank line for the signature of the borrower.
F. The secondhand dealer must display'l in a prolninent place in the title loan prelnises'l for customer viewing~ a sign
no smaller than three feet by five feet with the following lnessage written in letters no less than two inches high:
IF YOU RECEIVE A TITLE LOAN~ YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE
LOAN. IF YOU DO NOT REPAY THIS LOAN IN FULL'l INCLUDING ALL FINANCE CHARGES~ YOU
WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE
THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT
A RATE LOWER THAN TWO AND ONE-HALF PERCENT (2 1/20/0) PER MONTH OR AN ANNUAL
PERCENTAGE RATE OF THIRTY PERCENT (30<},o). MEMBERS OF THE UNITED STATES ARMED
SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND YOU ARE URGED TO EXPLORE
ALL OPTIONS WITH A REPRESENTATIVE OF THEIR COMMANDING OFFICER.
(Prior code ~ 10.5-77)
5.24.030 Maximum interest rate.
A title loan lender who engages in title loan transactions may not exceed the following interest rates:
A. A title loan lender lnay charge a maxitnum interest rate of two and one-half percent per thirty (30) day period the
title loan agreelnent relnains outstanding and unsatisfied provided~ however'l that the maximuln interest rate shall not exceed
a Inaxitnum annual interest rate of thirty (30) percent. In determining compliance with the maximum interest and finance
charges, the computation lnust be simple interest and not add-on interest or any other interest computation.
B. The annual percentage rate that may be charged in motor vehicle title loan may equal'l but not exceed~ the annual
percentage rate that must be computed and disclosed as required by the Federal Truth in Lending Act and Regulation Z of
the Board ofGovemors of the Federal Reserve System. When the period for which the charge is computed is more or less
than one lnonth'l the maximunl rate for the period lnust be cOlnputed on a basis of less than one month'l the Inaxilnuln rate
for the period must be cOlnputed on a basis of one-thirtieth the applicable monthly interest rate'l multiplied by the nUlnber of
days of the period.
c. Any transaction involving a borrower"s delivery ofa motor vehicle certificate of title in exchange for the advance-
ment offunds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment
of a sum of lnoney 'l whether the transaction be characterized as a ~~buy-se lJ agreement'l~' ~~sale-Ieaseback agreelnent,''l or oth-
erwise, shall be deemed a violation of this chapter if such sum exceeds the alnount that a title loan lender may collect in a
title loan agreement under this chapter or if the tenns of the transaction otherwise conflict with the permitted tenns and con-
ditions of a title loan agreelnent under th is chapter.
D. No charges, including interest, in excess of the combined total of all charges permitted by this section shall be al-
lowed. Notwithstanding the foregoing, a title loan lender may charge a one-time fee equivalent to the amount actually paid
by the title loan lender to record a lien securing the title loan lender's interest in the motor vehicle certificate of title owned
by the borrower. (Prior code ~ 10.5-78)
5.24.040 Transaction satisfaction and default.
A. When the title loan has been paid in ful1~ the title loan lender must deliver to the borrower a certificate of title clear
of all enculnbrances placed upon the title by the title loan lender within thirty (30) days of such payment in full.
B. A title loan lender who engages in title loan transactions may take possession of the motor vehicle upon the bor-
rowers default under the title loan agreement. Unless the borrower voluntarily surrenders the Inotor vehicle~ the title loan
144
5.24.050
lender may only take possession of a motor vehicle through an agent licensed by the state of Florida to repossess ITIotor ve-
hicles.
C. A title loan lender who takes possession of a motor vehicle pursuant to this section shall comply with the applicable
requirelTIents of F.S. Ch. 679, Part V.
D. Disposition of the collateral or ITIotor vehicle may be by a public or private proceeding and lTIay be Inade by way of
one or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms, but
every aspect of the disposition including the method, manner, time, place and terms including surplus of the debt ITIUSt be
commercially reasonable. (Prior code ~ 10.5-79)
5.24.050 Licenses.
A. No title loan lender may engage in business as a title loan lender three months after the effective date of this chapter
unless the title loan lender has a valid license issued by the county. A separate license will be required for each physical
location of title loan business. The county's planning department shall issue more than one license to an applicant if the ap-
plicant complies with the requirements of this chapter for each license.
B. An application for a license pursuant to this chapter must be submitted to the director of planning on such form as
the planning departlnent may prescribe. If the planning department detennines that an application should be granted, it shall
issue the license for a period not to exceed two years. A nonrefundable application and license fee not exceeding five hun-
dred dollars ($500.00) shall accompany an initial application for each title loan location.
C. The planning department shall charge a biennial renewal fee offive hundred dollars ($500.00). A license that is not
renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated
within ninety (90) days after the date it became inactive upon a submission of a completed reactivation form and paYITIent of
a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee offive hundred dollars ($500.00).
No inactive license may be reactivated after ninety (90) days.
D. Each license must specify the location for which it is issued and must be conspicuously displayed at that location.
When a licensee wishes to move a title loan office to another location the licensee shall give thirty (30) days prior written
notice to the planning department by certified or registered mail, return receipt requested, and the planning departlnent shall
then amend the license accordingly. A license issued pursuant to this chapter is not transferable or assignable.
E. Books, Accounts and Records-Maintenance and Examinations by the Planning Department.
1. Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, re-
cords, and documents necessary to determine the licensee's compliance with this chapter.
2. The planning department Inay authorize maintenance of records at a location other than a principal place of bus i-
ness. The planning department may require books and records to be produced and available at a reasonable and convenient
location within the county.
3. All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower,
including each contract signed by the borrower and expenses incurred by the licensee in the event of foreclosure and prop-
erty recovery, will be preserved and kept available for examination by the planning department for two years after the date
of original entry.
4. The planning department may prescribe by rule the minimum information to be shown in the books, accounts, re-
cords, and documents of licensees so that such records will enable the department to determine the licensee's compliance
with this chapter.
F. Each licensee shall designate and maintain an agent in this state for service of process.
G. A licensee must apply to the planning department for a new license upon a change in ownership of twenty-five (25)
percent or lTIOre by a natural person in any title loan location or office. No application for a license or an application for
transfer of an existing license is required for any change directly, or beneficially, in the ownership ofa title loan location if
one or more of the holders of at least seventy-five (75) percent of the outstanding equity interest in the title loan location or
office before the change in ownership continue to hold at least seventy-five (75) percent of the outstanding equity interest in
the title loan location or office after the change in ownership.
H. To be eligible for a title loan lending license, an applicant shall:
1. Not have been convicted of a felony within the last ten ( I 0) years or be acting in behalf of a beneficial owner who
has been convicted of a felony within the last ten (] 0) years~
145
5.24.060
2. Not have been convicted~ and not acting in behalf of a beneficial owner who has been convicted~ of a crime that the
director of planning finds directly related to the duty and responsibilities ofa title loan lender within the past ten (10) years.
I. The planning departlnent shall determine the fonn of the license.
J. No part of this chapter Inay be construed to ilnpair of affect the obligation of any title loan agreement which was
lawfully entered into prior to the effective date of this chapter.
K. Licensees shall report changes in address~ location ofrecords~ and any change of an executive officer within thirty
(30) days of the change. (Prior code S 10.5-80)
5.24.060 Violations and penalties.
A. The following acts are violations of this chapter and shall constitute grounds for disciplinary action:
1. Failure to cOlnply with any provision of this chapter~ rule adopted under this chapter by the planning departlnent or
any written agreement entered into with the planning department~
2. Fraud~ misrepresentation~ deceit or gross negligence in any title loan transaction~
3. Fraudulent misrepresentation~ circumvention~ or concealment of any matter required to be stated or furnished to a
consumer pursuant to this chapter~
4. Wilful imposition of illegal charges on any title loan transaction~
5. False~ deceptive~ or Inisleading advertising by a licensee~
6. Failure to maintain~ preserve and keep available for examination~ all b90ks~ accounts~ or other documents required
by this chapter~ state or federallaw~ or by any agreelnent entered into with the planning departlnent~
7. Aiding~ abetting~ or conspiring with an individual to circumvent or violate any of the requirements of this chapter or
state or federal law~
8. Refusal to permit inspection of books or records in an investigation or exalnination by the planning department or
refusal to comply with a subpoena issued by the planning department or the county code enforcement department or special
Inaster~
9. Criminal conduct in the course of a licensee. s business as a title lender~
10. Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years~
11. Making any agreement requiring or allowing for the personal liability of a pledge or the waiver of any of the provi-
sions of this chapter~
12. Knowingly entering into a title loan agreelnent with any person who is under the influence of drugs or alcohol when
such condition is visible or apparent., or with any person using a name other than his or her own name or the registered name
of his or her business~
13. Entering into a title loan agreement in which the amount OflTIOney advanced in consideration for the loan secured
by any single certificate of title exceeds one-third of the value of the motor vehicle. The planning department shall deter-
Inine the method of assessing the value of the pledged property~
14. Failure to exercise reasonable care in the safekeeping of the certificate of title or ITIotor vehicle repossessed pursu-
ant to this chapter~
15. Failure to return the certificate of title or Inotor vehicle taken into possession to a borrower., with any and all of the
title lender"s liens on the property properly released~ within thirty (30) days of the payment of the full amount due~ unless
the property has been seized or impounded by an authorized law enforcement agency ~ taken into custody by a court. or oth-
erwise disposed of by court order~
16. Charging or receiving any finance charge., interest~ cost~ or fee which is not permitted by this chapter~
17. Engaging in business as a title lender without first securing the required license~
18. Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid~
19. Charging a prepayment penalty~
20. Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement
21. Acting as a title loan lender in the county six months after the effective date of this chapter without a current active
license issued by the planning department pursuant to this chapter~
22. In any practice or transaction or course of business relating to the Inaking of a title loan~ negotiation~ prolnotion.
advertisement or hypothecation of a title loan transaction., directly or indirectly:
a. Knowingly or willingly employing any devise~ scheme or article to defraud~
146
5.24.070
b. Engaging in any transaction~ practice or course of business which operates as a fraud upon any person in connection
with the purchase or sale of any title loan~
c. Obtaining property by fraud~ wilful misrepresentation of a future act or false promise~
23. In any manner within the jurisdiction of the planning department to knowingly and wilfully falsify ~ conceal or
cover up by a trick~ schelne or devise a material fact~ make any false or fraudulent statelnent or misrepresentation~ or make
or use any false writing or document knowing the saIne to contain any false or fraudulent statelnent or entry~
24. Commission offraud~ misrepresentation~ concealment~ dishonest dealing by trick~ scheme or devise~ culpable neg-
ligence~ or breach of trust in any title loan transaction in the county~ or aiding~ assisting~ or conspiring with any other person
engaged in any such misconduct and in furtherance thereof.
B. Upon a finding by the code enforcement speciallnaster that the licensee or applicant has committed any of the acts
set forth in subsection A of this section., the special master may enter an order and take one or more of the following actions:
1. Deny the application for a license pursuant to this chapter~
2. Revoke or suspend a license previously granted pursuant to this chapter~
3. Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the
planning department may specify~
4. Issue a letter of concern or reprimand;
5. Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this chapter;
6. hnpose an administrative fine not to exceed two thousand five hundred dollars ($2~500.00) for each violation of this
chapter;
7. The county code enforcement department shall be entitled to a reasonable attorney~s fee~ including appellate fees
and costs~ in an action successfully enforcing any fine imposed under this chapter.
C. When the county code enforcement department has reasonable cause to believe that a licensee is operating in viola-
tion of this chapter~ it may bring a civil action in any court of competent jurisdiction to enforce or administer this chapter
including a telnporary or permanent injunction~ or appointment of a receiver. (Prior code ~ 10.5-81)
5.24.070 Additional remedy to borrower-Private right of action.
Any borrower injured by a violation of this chapter Inay bring an action for recovery of damages including twice the in-
terest previously paid and the forfeiture of all interest charged or contracted to be charged or reserved. The borrower may
recover reasonable attomey~ s fees and costs of such action. An award may be entered for punitive damages. The remedies
provided for under this chapter are in addition to any other procedures or remedies for any violation provided in any other
law or ordinance. (Prior code S 10.5-82)
5.24.080 Transaction period for regulations, restrictions and licensure provisions.
Each title loan lender operating on the effective date of this chapter shall have three months from the effective date of
this chapter to comply with the regulations~ restrictions~ and licensure provisions of this chapter before the county code en-
forcement department may initiate any adtninistrative or civil action~ or refer a matter for criminal prosecution. (Prior code
S 10.5-83)
147
5.28.0 10
Chapter 5.28
PRICE GOUGING DURING EMERGENCIES
Sections:
5.28.0 I 0
5.28.020
5.28.030
5.28.040
5.28.050
5.28.060
Short title.
Regulatory authority.
Purpose.
Definitions.
Prohibitions against price gouging.
Enforcement.
5.28.010 Short title.
This chapter is known as the ~~Monroe County Price Gouging Ordinance~~. The provisions of this chapter are applicable
in the unincorporated areas ~Jfthe county. Unless otherwise provided~ nothing in this chapter may be construed to relieve a
person from cOlnpliance with applicable county or Inunicipal regulations. (Prior code S 10.5-51)
5.28.020 Regulatory authority.
This chapter is enacted under the authority of F.S. Chs. 125~ 252~ and 50 I. (Prior code S 10.5-52)
5.28.030 Pu rpose.
The purpose of this chapter is to set measures in place necessary to the protection of life and property~ threatened because
ofnatural~ technological~ or other disasters and emergencies. This chapter is not intended to preempt or to restrict the appli-
cation of other more restrictive ordinances of the county already in effect. Neither is this chapter intended to preempt or to
preclude the application or enforcement of local emergency management Ineasures already in effect., or \vhich will be effec-
tive upon a declaration of elnergency. This chapter is not intended and lTIay not be construed as imposing price controls
upon lawful business activities in the county, but rather prohibits the unfair and deceptive trade practice of price gouging
during a locally declared emergency. (Prior code ~ 10.5-53)
5.28.040 Definitions.
As used in this chapter:
~~A verage retail price'~ Ineans the average price at which similar Inerchandise was being sold during the thirty (30) days
immediately preceding the declaration of a local elnergency.
~~('omlllission~' Ineans the board of county cOlnlnissioners of Monroe County.
~~ConSlllner good'" means any article, product, merchandise~ or commodity of any kind or class which is custolnarily pro-
duced or distributed for sale at retail for consumption by individuals or use by individuals~ including but not limited to:
food~ water., ice~ clothing~ lumber~ hardware~ chain saws~ generators~ hOlne ilnprovement materials~ and fuel products.
\'~Emergency" Ineans anyone declared in the county pursuant to F.S. ~ 252.38.
\'~Enforcement official"~ means all police or law enforcelnent officers~ any code enforcement official~ and any other ap-
propriate Inunicipal~ county or state official.
\'~Fuel producf~ means home-heating oiL kerosene~ propane~ natural gas~ diesel fuel., Inethanol~ and gasoline.
\'~Unconscionable" Ineans and is to be used in the sense that it is prilna facie evidence that a price is unconscionable if:
I. The anlount charged represents a gross disparity between the price of the comlTIodity that is the subject of the offer
or transaction and the average price at which that COlTIlnodity was offered for rent or sale in the usual course of business
during the thirty (30) days immediately prior to a declaration of a local state of emergency ~ and the increase in the alnount
charged is not attributable to additional costs incurred in connection with the rental or sale of the commodity or national or
intemationallnarket trends: however., a Inere price increase approved or authorized by a govemlnent agency~ law~ statute~ or
regulation is not unconscionable and is not a violation of this chapter's prohibitions~ or
2. The alTIOunt charged grossly exceeds the average price at which the same or sitnilar commodity was readily obtain-
able in the trade area during the thirty (30) days imlnediately prior to a local declaration of a state of emergency ~ and the
increase in the amount charged is not attributable to additional costs incurred in connection with the rental or sale of the
148
5.28.050
cOlnlnodity or national or internationallnarket trends~ however, a Inere price increase approved or authorized by a govern-
ment agency, law, statute, or regulation is not unconscionable and is not a violation of this chapter's prohibitions. (Prior
code ~ 10.5-54)
5.28.050 Prohibitions against price gouging.
A. Upon declaration of local emergency, and through the duration of such emergency, it is an unlawful method of
competition and an unfair and deceptive trade act or practice for a person or his or her agency or employee doing business in
the county to charge an unconscionable price for any consulner goods.
B. This section does not prevent the seller of conSUlner goods from charging an amount in excess of the average retail
price, if such higher price is in the direct result of, and lilnited to, any increased cost for the consumer goods from the manu-
facturer, distributor, or wholesaler to the seller. In such instances, only the actual cost increase per iteln from the manufac-
turer, distributor or wholesaler Inay be added to the average retail price.
c. This section does not interfere with the authority of government to acquire and to distribute consumer goods, sup-
plies materials, and facilities, with or without cOlnpensation.
D. A price increase approved or authorized by a government agency, law, statute, or regulation is not a violation of
this chapter's prohibitions. (Prior code ~ 10.5-55)
5.28.060 Enforcement.
A. Failure to comply with the requirements of Section 5.28.050 is a violation of this chapter. It is the duty of all en-
forcement officials to assist in the enforcement of this chapter. Violations of the provisions of this chapter Inay be prose-
cuted in the nalne of the state in a court having jurisdiction ofmisdelneanors by the prosecuting attorney thereof and upon
conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by ilnprisonment in the county jail
not to exceed sixty (60) days or by both such fine and imprisonment, pursuant to F.S. ~ 125.69( I). Each day of noncom pi i-
ance is a separate violation.
B. Any other violation legal action, including but not limited to, prosecution before the county's code enforcement
special master and requests for temporary and permanent injunctions to enforce the provisions of this chapter. It is the pur-
pose of this chapter to provide additional cUlnulative and complementary remedies. (Prior code ~ 10.5-56)
149
5.32.010
Chapter 5.32
WRECKER BUSINESSES
Sections:
5.32.010
5.32.020
5.32.030
5.32.040
5.32.050
5.32.060
5.32.070
Definitions.
Wrecker classification and required equipment.
Insurance requirements.
Ra tes.
Storage facilities.
Jurisdiction.
Violations-Penalties.
5.32.0 I 0 Definitions.
As used in this chapter:
~~Administrative fee~~ means the charge for notifYing a motor vehicle owner and any lien holders that a wrecker operator
has towed and stored the motor vehicle.
~~Comtnercially manufactured wrecker~~ means a tow truck that is:
I. Designed and constructed by a wrecker manufacturer which offers its wreckers for sale; or
2. Assembled by a business licensed and approved to assemble and certifY wreckers according to Inanufacturer~s
specifications.
~~Motor vehicle'~ or ~~vehicle~~ means any motor vehicle as described in F. s. 9 320.0 I (I ).
~~ Wrecker" means tow truck.
~~Wrecker operator~~ or ~~operator'~ means the individuat partnership~ corporation~ or business entity engaged for hire in
the recovery towing removal, or storage ofwrecked~ disabled~ stolen or abandoned motor vehicles. For the purpose of this
chapter~ a hired driver or elnployee shall be governed by this chapter and shall be considered an agent of the wrecker opera-
tor. (Prior code S 11-7(a)) .
5.32.020 Wrecker classification and required equipment.
A. Each tow truck owned or maintained by a wrecker operator shall be comlnercially manufactured and shall conform
to all other requirements of this chapter. The requirements of this chapter are waived only for those operators with tow
trucks which were purchased before the effective date of this chapter or which were under a binding contract to purchase
entered into before the effective date of this chapter.
B. All tow trucks shall be equipped with a business-type cOlnlnunication radio or Inobile telephone or cellular tele-
phone. There shall be one radio or phone for each truck. The equipment shall be licensed and approved by the Federal
COlnmunications COlnlnission. The mobile radio or telephone shall enable the wrecker operator to cOlnmunicate with his or
her trucks within his or her usual area of operation. A citizens band radio does not meet the requirements of this subsection.
C. Specifications and required equipment shall be as follows:
1. All wreckers (all classifications) includes the following:
a. A cradle~ tow plate or tow sling to pick up motor vehicles. The cradle~ tow plate or tow sling shall be equipped with
safety chains and constructed in such a manner that it will not damage the motor vehicle to be towed;
b. Dual rear wheels;
c. Clearance and Inarker lights and all other equiplnent as required by F.S. Ch. 316:
d. A rotor bealn or strobe-type light~ amber in color~ mounted on the wrecker in such a manner that it can be seen from
the front~ rear~ and both sides;
e. The name, address and telephone number of the wrecker operator shall be painted or pennanently affixed in a con-
spicuous place on both sides of the trucks as required by F.S. ~ 713.78;
f. At least one heavy duty push brooln with minilnum width of twenty- four (24) inches;
g. One square shovel;
h. One ax:
1. One crowbar or prybar with a minimum length of thirty (30) inches;
150
5.32.020
j. Minimum of one five-pound C02 or dry chemical fire extinguisher or equivalent. Must be approved type and have a
current inspection tag attached;
k. One pair of bolt cutters with a minilnum opening of one-half inch;
l. One set of jumper cables;
m. One four-way lug wrench;
n. One flashlight;
o. Five thirty (30) minute fuses;
p. One snatch block for each winch with manufacture( s rating to match winch;
q. Extra towing chain six to eight feet in length with hooks;
r. At least three safety cones or triangle reflectors;
s. Fifty (50) pounds of sand or petroleum absorbent.
2. Class ~~A" wreckers (for the removal of cars and light duty trucks and vehicles weighing ten thousand (1 O~OOO)
pounds gross vehicle weight or less): Specifications and equipment in addition to requirements outlined in subsection (C)( 1)
of this section" shall be as follows:
a. A truck chassis with a manufacturer" s rated capacity of at least ten thousand (1 O~OOO) pounds gross vehicle weight.
A complete~ commercially manufactured boom and winch( es) having a manufacturer~ s cOlnbined rating of at least four tons
must be mounted on the chassis. Hand crank winches do not satisfy these requirements and will not be approved~
b. A minimum of one hundred (100) feet of three-eighths-inch cable;
c. Dollies;
d. Flood lights on the hoist~
e. Vehicles which are equipped with wheel lifts or the equivalent may also qualify as Class ~~ A ~~ tow trucks so long as
they are equipped with a boom and all other applicable requirelnents are met. Wheel lifts shall be rated at a minimuln of
three thousand (3,,000) pounds lift capacity and must utilize wheel safety straps when lifting vehicles by the wheels only;
f. Operators who wish to remove cars and light trucks Inay have~ in addition~ a roll-back or slide-back carrier
truck/trailer with specifications and the equipment as provided in subsection (C)(3) of this section.
3. Class ~~A" roll-back or slide-back wreckers (for the removal of cars and light duty trucks and vehicles weighing ten
thousand (1 O~OOO) pounds gross vehicle weight or less): Specifications and equipment for roll-back or slid'e-back carriers in
addition to the requirements outlined in subsection (C)( 1) of this section includes the following:
a. A truck chassis with a manufacturer~ s rated capacity of at least ten thousand (1 O~OOO) pounds gross vehicle weight
with a Ininimum of a sixteen-foot bed~ dual rear wheels and a winch with at least eight thousand (8,,000) pounds capacity:
b. A minimum of fifty (50) feet of three- eighths-inch cable;
c. A minimum of two safety tie-down chains of at least ten (10) feet each in length;
d. Two spot (flood) lights mounted on the rear of the carrier;
e. A roll-back or slide-back carrier trailer shall meet the following requirements:
i. A commercially manufactured carrier trailer with a rated capacity of at least eight thousand (8~000) pounds gross
vehicle weight with a minimum sixteen (] 6) foot bed. A winch width of at least eight thousand (8~000) pounds capacity"
ii. A minimum of fifty (50) feet of three-eighths-inch cable~
Ill. Brakes and trailer lights which meet the minimuln statutory requirements of Florida law~
IV. Safety chains~
v. Must be towed by and used in conjunction with an approved wrecker that meets or exceeds the class of the vehicle
to be towed.
4. Class ~~B~~ wreckers (for removal of medium duty trucks or vehicles weighing twenty thousand (20~000) pounds
gross vehicle weight or less): Specifications and equipment in addition to the requirements outlined in subsection (C)( 1) of
this section~ shall be as follows:
a. A truck chassis with a manufacturer~ s rated capacity of at least twenty thousand (20~000) pounds gross vehicle
weight. A complete~ twin-winch~ commercially manufactured boom and winches having a manufacturer~s combined rating
of at least ten (] 0) ton capacity mounted on the chassis~
b. A minimum of one hundred (100) feet of at least one-half-inch cable on each drum~
c. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks;
d. Flood lights on the hoist.
151
5.32.030
5. Class ~"C" wreckers (for relnoval of heavy duty trucks, house trailers, buses, etc.., weighing over twenty thousand
(20.,000) pounds gross vehicle weight): Specifications and equipment in addition to the requirements outlined in subsection
(C)( I ) of this section., shall be as follows:
a. A truck chassis with a Inanufacturer's rated capacity of at least thirty thousand (30,000) pounds gross vehicle
weight and thirty thousand (30.,000) pounds gross vehicle weight for tandem axle trucks. A cOlnplete., twin-winch, COlnlner-
cially Inanufactured bOOITI and winches having a manufacturer" s cOJTIbined rating of at least twenty-five (25) ton capacity
Inounted on the chassis:
b. A IninilTIuln of two hundred (200) feet of at least five-eighths-inch cable on each druln~
c. Air brakes so constructed as to lock the rear wheels autolnatically upon failure~
d. External air hookup and hoses, to supply air to disabled vehicles~
e. One set of scotch blocks for wheels or hydraulic rear-extendable scotch blocks~
f Flood lights on the hoist.
D. In the event that the operator relnoves wrecked or disabled vehicles on a rotation basis for the Florida Highway
Patrol (FHP) or the police departlnents of the city of Key West or the city of Layton and any of those entities have Inanda-
tory equiplnent requirements in contlict with the requirelnents of this chapter., and failure to cOlnply with the FHP or Inu-
nicipal requirements would result in the operator being removed from the FHP or municipal rotation list., then the operator
ITIay comply with the FHP or municipal requirements., but only to the extent of the contlict., without violating the tenns of
this chapter.
E. This chapter only applies to wrecker operators providing towing services to law enforcelnent agencies. (Prior code
~ 11-7(b))
5.32.030 Insurance requirements.
No person shall for compensation recover, tow, or remove a motor vehicle or provide motor vehicle storage or otherwise
function as a wrecker operator until that person maintains in effect an insurance policy or policies which shall insure that
person for its liability at a IninitTIum:
A. For each tow truck, cOlnbined single limit of five hundred thousand dollars ($500,000.00)~
B. For garage keeper's liability, in an alnount not less than fifty thousand dollars ($50,000.00) for each loss covering
perils of fire and explosion, theft of a motor vehicle and parts or contents, riot and civil commotion., vandalism, malicious
Inischief, and for on-hook protection. (Prior code ~ 11-7( c))
5.32.040 Rates.
A. For the removal and storage of wrecked or disabled motor vehicles or for the removal and storage of abandoned
lnotor vehicles at the request of a law enforcetnent officer, the maximum rate that may be charged by a wrecker operator is:
Class A Wrecker Service
Base rate $85.00
(tnaximum charge anytime a wrecker is called to a site)
Inside storage (per day) after the first 6 hours $30.00 plus $2 per foot for Inotor vehicles over 20
feet long
Outside storage (per day) after the first 6 hours $20.00 plus $1 per foot for motor vehicles over 20
feet long
Administration fee per noti fication $25.00
Mileage rate from wrecker station to site and return $2.00 per Inile
Per hour charge beginning 30 minutes after arrival on $ 8 5.00
site, in 1/4 hour increments
152
5.32.050
Class 8 Wrecker Service
Base rate $385.00
(maxilnum charge anytime a wrecker is called to a site)
Inside storage (per day) after the first 6 hours $30.00 plus $2 per foot for motor vehicles over 20
feet long
Outside storage (per day) after the first 6 hours $20.00 plus $1 per foot for Inotor vehicles over 20
feet long
Adlninistration fee per notification $25.00
Mileage rate from wrecker station to site and return $3.00 per mile
Per hour charge beginning 30 minutes after arrival on site $120.00
Class C Wrecker Service
Base rate $120.00
(maximulTI charge anytime a wrecker is called to a site)
Mileage rate frolTI wrecker station to site and return $3.50 per mile
Inside storage (per day) after the first 6 hours $30.00 plus $2 per foot for motor vehicles over 20
feet long
Outs ide storage (per day) after the first 6 hours $20.00 plus $1 per foot for motor vehicles over 20
feet long
Administration fee per notification $25.00
Per hour charge beginning 30 minutes after arrival on $200.00
site~ in 1/4 hour increments
The daily storage rate must be prorated in six-hour increments when the vehicle is retrieved by the owner or his or her
agent. The administrative fee may only be charged when notice is sent by the operator to the motor vehicle owner and any
lienholder(s ).
In the event a law enfOrCelTIent officer needs a tow truck for a towable violation~ and once the towing service has been
requested by the officer at the violation site and the operator has advised the officer that he or she is en route to the request~
should the owner or driver of the motor vehicle in violation return to the vehicle site before the operator has arrived at the
ITIotor vehicle~ or before the operator has departed with the vehicle~ and upon the officer~s authorization to release the vehi-
cle to the owner or driver~ then the owner or driver of the vehicle shall pay a charge of not more than one-half of the ITIaxi-
ITIUITI rate for the class of towing service called for.
B. The provisions of this chapter only apply to the rates charged for towing and storage service called for at the re-
quest of a law enforcement officer. In all other situations the provisions of this chapter do not apply and the parties may
negotiate prices and rates as in other ordinary service contracts.
C. Every wrecker operator shall conspicuously display at his or her place of business the maximum charge which he or
she may ilTIpose for the towing and storage services covered by this section. (Prior code S 11-7(d))
5.32.050 Storage facilities.
A. Wrecker operators shall provide storage facilities which shall be maintained at the operator~ s place of business.
These facilities must be fenced and locked for the protection of vehicles and property.
B. The wrecker operator shall provide storage for all impounded/towed vehicles in an outside storage area unless spe-
cific written instructions are given for inside storage by the impounding law enforcement officer. Ifrequired for investiga-
tive purposes~ the wrecker operator shall move the vehicle to a designated area for processing prior to storage. In such in-
stance~ the law enforcement agency will not authorize release of the vehicle until all outstanding charges by the operator~ as
authorized by this chapter have been satisfied.
153
5.32.060
c. The wrecker operator shall not change the type of storage facility (inside or outside) afforded a vehicle without
written permission froln the troop cOlnmander or other officer in charge. The wrecker operator shall not change the storage
facility location without first obtaining written pennission froln the troop cOlnmander or other officer in charge.
D. The storage facility lnust be owned or leased solely by the wrecker operator and vehicles stored by the operator
must be separately fenced and locked.
E. The registered owner of a vehicle or the owner" s representatives or owner"s insurance adjusters~ upon proper identi-
fication~ shall be permitted to inspect or photograph stored vehicles during the hours of eight a.m. to five p.ln.~ Monday
through Friday. The wrecker operator shall not require the owner~ adjuster or representative to pay any fee in order to in-
spect or photograph the stored vehicle.
F. All fencing shall be chain-link or solid-wall type and at least six feet in height where permissible under land use
regulations of the county to discourage theft of any vehicle or any property being stored inside. All storage facilities shall be
illulninated with lighting of sufficient intensity to reveal persons and vehicles at a distance of at least one hundred fifty
(150) feet during nighttilne.
G. Permanent inside storage facilities must be available for twenty-four (24) hour storage when weather or other con-
ditions require inside storage for the protection of the vehicle or personal property. A lean-to~ tent or shed does not meet the
requirements of this section. Inside storage must be within a weather-tight building.
H. I. A lninitnum of twenty-five (25) storage spaces with three inside storage spaces must be available. Wrecker
operators who have been on a rotation system for the Florida Highway Patrot Monroe County sheriffs office~ or the police
department of the city of Key West or the city of Layton for six lnonths prior to the effective date of this rule may continue
on the list without regard to the lninimuln storage spaces required herein~ so long as all other applicable provisions of these
rules are met.
2. Service bays or repair bays do not qualify as inside storage~ nor does any area that is utilized for any activity other
than serving as a permanent inside storage area~ when vehicles are actually stored inside at the request of a law enforcelnent
agency or the owner of a vehicle.
I. Wrecker operators shall comply with hold orders placed by the law enforcelnent agency~ including any instructions
for inside or outside storage. Vehicles involved in a fatality and sealed by the traffic homicide investigator shall remain in-
tact until the seals are relnoved by the investigator. No property of any kind shall be released to anyone without authority of
the hOlnicide investigator. Ifno fatality occurred~ then the vehicle and the property may be released by the wrecker operator
upon valid proof of ownership once the hold is released.
J. A copy of an inventory prepared by the law enforcement agency~ of all personal property found in a wrecked~ dis-
abled or abandoned vehicle shall be provided to the wrecker operator. The wrecker operator shall pertnit the removal of
such property by the vehicle owner or his or her agent from a stored vehicle during normal business hours without charge.
The agent's authority shall be evidenced by a writing acknowledged by the owner before a notary public or other person
empowered by law to administer oaths. A signed receipt for each article removed by the owner or his or her agent shall be
obtained. Personal property shall be defined as any item not affixed to the vehicle which was in the vehicle at the tilne of the
tow. In the case of vehicles stored where no hold order has been placed~ the wrecker operator will directly release any vehi-
cle upon presentation of proper proof of identification and ownership. If these conditions cannot be lnet due to unusual or
extraordinary circumstances~ the vehicle will be released only upon authorization obtained from the law enforcement
agency.
K. Wrecker operators handling the initial tow shall exercise reasonable care and control of parts and contents located
in vehicles while under their protection or while in storage.
L. During the hours froln eight a.m. to five p.m.~ Monday through Friday~ wrecker operators will provide adequate
staffing at the storage facility so that personal property may be removed from the vehicle or the vehicle itself may be re-
leased without undue de lay.
M. Should it become necessary that personal property be relnoved froln a vehicle or a vehicle be released when the
storage facility is not staffed~ the wrecker operator will be required to do so and allowed to charge a reasonable fee. (Prior
code ~ 11-7(e))
5.32.060 Jurisdiction.
The provisions of this chapter shall apply to all wrecker operators providing towing and the removal OflTIotor vehicle
service and lnotor vehicle storage in the unincorporated area of Monroe County~ Florida~ at the request ofa law enforcelnent
154
5.32.070
operator. In the case of an operator who provides towing and removal service covered by this chapter in the unincorporated
area but provides motor vehicle storage service within a municipality, this chapter shall govern the storage service unless
the municipality has adopted and maintains in effect ordinances or regulations governing the same subject Inatter. In the
case of an operator who provides towing and removal service within a municipality at the request of a municipal police offi-
cer but provides motor vehicle storage for vehicles so removed in the unincorporated area and the Inunicipality has adopted
and tnaintains in effect ordinances or regulations governing the storage of motor vehicles towed at the request of a Inunici-
pal police officer, then the operator shall follow such municipal ordinances or regulations. If the ITIunicipality has neither
adopted nor maintained such ordinances or regulations governing the storage ofvehicles towed at the request ofa municipal
police officer, then the applicable provisions of this chapter shall govern the storage of such vehicles. (Prior code ~ 11-7(t))
5.32.070 Violations-Penalties.
This chapter may be enforced by the Florida Highway Patrol and the sheriffs office. Violations shall be prosecuted in
the same Inanner as misdemeanors are prosecuted. Violations shall be prosecuted in the name of the state in a court having
jurisdiction of misdemeanors by a prosecuting attorney thereof and upon conviction shall be punished by a fine not exceed-
ing five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine
and imprisonment. (Prior code S 11-7(g))
155
Chapters:
6.04
6.08
6.12
6.16
Title 6
BUILDINGS AND CONSTRUCTION
General Provisions and Definitions
Administration
Building Permits, Inspections and Certificates
of Occupancy
Construction Contractors and Skilled Workers
157
Sections:
6.04.0 10
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04.110
6.04.0] 0
Chapter 6.04
GENERAL PROVISIONS AND DEFINITIONS
Pu rpose.
Sco pe.
Wind load requirements.
Unsafe buildings.
Requirements not covered.
Rules of construction.
Definitions.
Permitting and inspections.
Mobile/manufactured homes.
Violations-Penalties.
Severability.
6.04.010 Purpose.
The purpose of this title is to govern the administration and enforcement of the Florida Building Code and associated
technical construction standards and regulations within unincorporated Monroe County. (Prior code S 6-])
6.04.020 Scope.
The Florida Building Code shall be applicable to all structures and buildings within unincorporated Monroe County, ex-
cept as specifically exempted under the Florida Statutes. (Prior code S 6-2)
6.04.030 Wind load requirements.
All major structures within unincorporated Monroe County, except mobile/manufactured homes, shall be designed pur-
suant to the requirelnents of ASCE 7-98 using a minimum wind speed of one hundred fifty (150) miles per hour. (Prior code
S 6-3)
6.04.040 Unsafe buildings.
A. Abatement Required. All unsafe buildings shall be abated using the Standard Unsafe Building Abatement Code,
1997 edition, prolTIulgated by the Southern Building Code Congress International, Inc., subject to all amendments, modifi-
cations or deletions hereinafter contained.
B. Unsafe Buildings Defined. All buildings, structures, electrical, gas, mechanical or plumbing systems which are un-
safe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human
life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service
systems. All such unsafe buildings, shall be abated by repair and rehabilitation or by demolition in accordance with the pro-
visions of the Standard Unsafe Building Abatement Code.
C. Amendment. As adopted by Monroe County, Section 302.]. ](4), Standard Unsafe Building Abatement Code, shall
read as follows:
A statement advising that any person having legal interest in the property Inay be prosecuted before the code
enforcement special master, in county court, or in any other manner provided by law for failure to repair, vacate or
demolish the offending building in the manner set forth in the notice.
(Prior code S 6-4)
6.04.050 Requirements not covered.
Any requirements necessary for the strength, stability or proper operation of an existing or proposed building, structure,
electrical, gas, mechanical or plumbing systeln, or for the public safety, health and general welfare, not specifically covered
159
6.04.060
by the Florida Building Code or the other technical codes and regulations, shall be determined by the building official.
(Prior code ~ 6-5)
6.04.060 Rules of construction.
The rules set out in this section shall be observed, unless such construction is inconsistent with the manifest intent of this
title. The rules of construction and definitions set out here shall not be applied to any section of this title which contains any
express provisions excluding such construction, or where the subject matter or content of such section would be inconsistent
with this section.
A. Generally. All provisions, terms, phrases and expressions contained in this title shall be liberally construed in order
that the true intent and meaning of the administration of the jurisdiction may be fully carried out. Terms used in this title,
unless otherwise specifically provided, shall have the meanings prescribed by the statutes of the state of Florida for the same
tenn.
B. Text. In the case of any difference of meaning or implication between the text of this title and any figure, the text
shall control.
C. Delegation of Authority. Whenever a provision appears requiring the building official or some other officer or elTI-
ployee to do some act or perform some duty, it is to be construed to authorized the building official or other officer to des-
ignate, delegate, and authorize professional level subordinates to perform the required act or duty unless the terms of the
provision or section specified otherwise.
D. Month. The word -"month" means a calendar month.
E. Gender. Words importing the Inasculine gender shall be construed to include the feminine gender and neuter.
F. Shall, May. The word ""shall" is mandatory~ ""may" is pennissive. The word ""shall" takes precedence over ""may."
G. Written or In Writing. The term ....written" or -"in writing" shall be construed to include any representation of words,
letters or figures whether by printing or otherwise.
H. Year. The word -"year" means a calendar year, unless a fiscal year is indicated.
I. Interpretation. Interpretations of this title and the Florida Building Code shall be made by the building official.
J. Words Not Defined. Words not defined herein shall have the Ineaning stated in the Florida Statutes or other nation-
ally recognized codes, or other documents, manuals or standards adopted elsewhere in this title. Words not defmed in those
documents shall have the meaning stated in the Webster's Ninth New Collegiate Dictionary, as revised.
K. Conflicts. In the case of a conflict in definitions or codes, the appropriate definition (or code) to be applied shall be
the one applicable to the trade in question. In the case of a conflict between different parts of this title~ conflicts within the
saIne code~ or conflicts between codes~ the more stringent requirements shall be applicable. (Prior code ~ 6-60)
6.04.070 Definitions.
The words and phrases used in this title shall have the following meanings:
""Abandon" or -"abandonment" means: (1) termination of a construction project by a contractor without just cause or
proper notification to the owner including the reason for termination~ (2) failure ofa contractor to perform work without just
cause for ninety (90) days~ (3) failure to obtain an approved inspection within one hundred eighty (180) days from the pre-
vious approved inspection.
....Appraised value" For the purpose of this section, ....appraised value" is defined as either: (1) one hundred twenty (120)
percent of the assessed value of the structure as indicated by the county property appraiser's office~ or (2) the value as indi-
cated in a certified appraisal from a certified appraiser.
....Assessed value" Ineans the value of real property and improvements thereon as established by the county property ap-
praIser.
....Authorized agent" means a person specifically authorized by the holder of a certificate of competency to obtain pennits
in his or her stead.
....Building component" means an element or assembly of elelnents integral to or part of a building.
""Building shell" Ineans the structural components that completely enclose a building, including, but not lilnited to, the
foundation, structural frame, floor slabs, exterior walls and roof system.
""Building systeln" means a functionally related group of elements, components and/or equipment, such as the electrical,
plulnbing and mechanical systems of a building.
160
6.04.070
\o~Certification" means the act or process of obtaining a certificate of competency from the state through the review of the
applicant's experience and financial responsibility as well as successful passage of an exalnination.
\o~Certificate of competency (certificate)" means an official document evidencing that a person is qualified to engage in
the business of contracting, subcontracting or the work of a specific trade.
\o~Certificate of experience" Ineans an official document evidencing that an applicant has satisfied the work experience
requirelnents for a certificate of competency.
\o\oCertificate of occupancy (C.O.)" means an official document evidencing that a building satisfies the work requirements
of Monroe County for the occupancy of a building.
\o\oCertified contractor" Ineans any contractor who possesses a certificate of cOlnpetency issued by the Department of Pro-
fessional Regulation of the state of Florida.
\o~Change of occupancy" means a change from one building code occupancy classification or sub-classification to another.
~~Colnmercial building" Ineans any building, structure, improvelnent or accessory thereto, other than a one-or two-falnily
dwelling.
\o~Cumulative construction cost" means the sum total of costs associated with any construction work done to a building or
structure either at one time or at different times within a specified period of time.
\o~Demolition" means the act of razing, dismantling or removal of a building or structure, or portion thereof to the ground
level.
\o~Examination" means an exam prepared, proctored and graded by a recognized testing agency unless otherwise implied
in context or specifically stated otherwise.
\o~Fair market value" means the total cost of materials plus labor costs. The total cost of labor and materials shall be as
indicated on the invoice of an arms-length transaction; or ifno such invoice is available, the labor and materials shall be as
calculated pursuant to the most recent edition of Means Construction Data. HV oluntary ]abor" and/or \o\ogift materia]" shall
not be used to represent fair market value.
\o~FCILB'" means the F]orida Construction Industry Licensing Board.
\o~Imminent danger" means structurally unsound conditions of a structure or portion thereof that is likely to cause physical
injury to a person entering the structure; or due to structurally unsound conditions, any portion of the structure is likely to
fall, be carried by the wind, or otherwise detach or move, and in doing so cause physical injury or damage to a person on the
property or to a person or property nearby; or the condition of the property is such that it harbors or is inhabited by pests,
vermin, or organisms injurious to human health, the presence of which constitutes an immediate hazard to people in the vi-
cinity.
\o~lnspection warrant" means a court order authorizing the official or his or her designee to perform an inspection ofa par-
ticular property named in the warrant.
~~Intensification of use" means an increase in capacity or number of units of a residential or commercial building.
\o~Interior finish" means the preparation of interior spaces of a commercial building for the first occupancy thereof.
~~Licensed contractor" means a contractor certified by the state of Florida or the local jurisdiction who has satisfied all
state or local requirements to be actively engaged in contracting.
~IoMarket va]ue" is as defined in floodplain regulations of Title 9 of this code.
\o~Norma] maintenance" or '~repair work" means the repair or replacement of any existing component if the replacement
has the same size, capacity, technical characteristics and location, as determined by the building official, and if the fair mar-
ket value of the repair work or replacement is less than one thousand dollars ($] ,000.00).
~'Owner"s agent" means a person, firm or entity authorized in writing by the owner to act for or in place of the owner.
\o~Permit" means an official document authorizing performance of a specific activity regulated by this title.
~'Permit card" or \O'placard" means a document issued by the jurisdiction evidencing the issuance of a permit and re-
cording of inspections.
\o~Qua]ifying agent, primary" means a person who possess the requisite skill, knowledge" experience and certificate of
competency, and has the responsibility to supervise, direct" manage, and control the contracting activities of the business
organization with which he or she is associated; who has the responsibility to supervise, direct, manage and control con-
struction activities on a job for which he or she has obtained a permit; and whose technical and persona] qualification have
been determined by investigation and examination and is evidenced by his or her possession of a certificate of competency.
\O'Qualifying agent, secondary" means a person who possesses the requisite skill" knowledge, experience and certificate of
competency, and has the responsibility to supervise, direct, Inanage and control construction activities on ajob for which he
] 6]
6.04.080
or she has obtained a pennit, and whose technical and personal qualification have been determined by investigation and
exalnination and is evidenced by his or her possession of a certificate of competency.
\o~Reciprocity" Ineans to accept a verified affidavit froln any Inunicipality or county of the state of Florida that the appli-
cant has satisfactorily cOlnpleted a written exalnination in its jurisdiction equal in content with the exalnination required by
this title.
\o~Registered contractor" Ineans a contractor who has registered with the departlnent of professional regulation of the state
of Florida pursuant to fulfilling the competency requirelnents of the local jurisdiction.
Io~Registration" Ineans the act or process of registering a locally obtained certificate of competency with the state, or the
act or process of registering a state issued certificate of cOlnpetency with the municipality.
\o~Relnodeling~~ means work which changes the original size, configuration or Inaterial of the components of a building.
\o~Residential building~' means any one- or two-fatnily building or accessory.
"~Roofing" means the installation of roof coverings.
\o\oSpa" means any constructed or prefabricated pool containing water jets.
\oloSpecialty contractor'~ means a contractor whose services do not fall within the categories specified in F.S. ~ 489.105(3),
as amended.
\o~Start of construction, site~~ means the physical clearing of the site in preparation for foundation working~ including but
not limited to, site clearing, excavation~ de-watering, pilings and soil testing activities.
\o~Start of construction, building~' means the removal, disassembly~ repair~ replacement, installation or assembly of the
building, structure~ building system or building components in whole or parts thereof.
\o~Stop work order" means an order by the building official, or his or her designee~ which requires the immediate cessation
of all work and work activities described in the order.
\oloStructural component" means any part of a systetn~ building or structure, load bearing or non-load bearing~ which is
integral to the structural integrity thereof, including but not litnited to walls, partitions, colulnns, beams and girders.
\o~Structural work~~ or Io\oalteration" means the installation or assembling of new structural components into a system, build-
ing or structure. Also~ any change~ repair or replacement of any existing structural component of a systeln, building or struc-
ture.
\oloSubstantial cOlnpletion~~ means where the construction work has been sufficiently completed in accordance with the
applicable city~ state and federal codes~ so that the owner can occupy or utilize the project for the use for which it is in-
tended.
\o~Value~' means job cost. (Prior code ~ 6-7)
6.04.080 Permitting and inspections.
The inspection or permitting of any building~ system or plan by Monroe County under the requirements of the Florida
Building Code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or
their adequacy. Neither Monroe County nor any employee thereof shall be liable in tort for damages for any defect or haz-
ardous or illegal condition or inadequacy in such building~ system or plan, nor for any failure of any component of such~
which may occur subsequent to such inspection or permitting~ unless the employee of Monroe County is found to have
acted in bad faith or with malicious purpose in a manner exhibiting wanton and wilful disregard of safety, health and wel-
fare of the public. (Prior code ~ 6-8)
6.04.090 Mobile/manufactured homes.
The placement of mobile/manufactured homes shall be governed by Section 15-C, Florida Administrative Code. (Prior
code ~ 6-9)
6.04.100 Violations-Penalties.
A violation of any provision of the Florida Building Code and this title by any person, firm or corporation shall constitute
a misdelneanor or subject to fines and penalties stipulated in Chapters 1.08 and 1.12 of this code. Each day of a continuing
violation shall constitute a separate offense subject to the penalties set forth herein. (Prior code S 6-10)
162
6.04.) 1 0
6.04.110 Severability.
If any section, subsection, sentence, clause, or phrase of this title or the Florida Building Code is for any reason held to
be unconstitutional, such decision shall not affect the validity of the relnaining portions. (Prior code ~ 6-11 )
163
6.08.010
Chapter 6.08
ADMINISTRA TION
Sections:
6.08.010
6.08.020
6.08.030
6.08.040
6.08.050
6.08.060
Building department.
Construction board of adjustment and appeals.
Administrative appeals.
Variances.
Right of entry.
Circuit and county court facility fee charge-Authorized, use., amount.
6.08.010 Building department.
A. Organization and Administration. There is established a departInent called the building department headed by the
building official. Upon recolnlnendation of the county administratoc the department shall be assigned to the division of
county govemlnent that the board of county cOlnmissioners determines appropriate. The county administrator with the ap-
proval of the board of county comlnissioners shall designate the building official.
B. Elnployee Qualifications. The building official shall be licensed as a building code administrator by the state of
Florida. All appointed or hired inspectors and plan examiners shall meet the qualifications for licensing in the appropriate
trade as established by the state of Florida.
C. Building Official Authority and Duties. The building official shall have authority to adlninister interpret~ and en-
force provisions of the Florida Building Code and this title. Such authority~ jurisdiction~ and duties includes the following:
1. The process building pennit applications and issue and revoke building pennits~
2. To inspect sites~ buildings and structures as required by this title~ the Florida Building Code and the Standard Un-
safe Building Abatement Code~
3. To issue and revoke certificates of occupancy~
4. To maintain building permit~ financial~ and other public records related to the departmenfs affairs~
5. To establish such policies and procedures necessary for the administration of his or her responsibilities under the
Florida Building Code and this title~
6. To provide a recording secretary for the purpose of keeping the minutes of all proceedings of the contractors exam-
ining board and construction board of adjustment and appeals~
7. To be official source to render interpretations of this title and the Florida Building Code~
8. To enforce provisions of the Florida Building Code and this title~
9. To issue stop work orders: and
10. To conduct all other such duties and responsibilities as are otherwise required by this title. (Prior code ~ 6-12)
6.08.020 Construction board of adjustment and appeals.
A. Jurisdiction~ Authority~ and Duties. There is established a board called the construction board of adjustment and
appeals. This board shall have the following jurisdiction~ authority~ and duties:
1. To consider and render decisions on appeals of administrative decisions and interpretations of the building official
related to the Florida Building Code and this title~
2. To consider and grant variances to the Florida Building Code~ and
3. To approve cost approach appraisals for determination of fair market value pursuant to the floodplain regulations
under Title 9 of this code.
B. Melnbership~ Appointlnent~ RelnovaL Terms~ and Vacancies.
I. The construction board of adjustment and appeals shall consist of at least seven~ but not more than nine members.
Melnbers shall be appointed by the board of county commissioners.
2. The construction board of adjustment and appeals shall consist of all the melnbers of the contractors exalnining
board~ as provided for in Section 6.20.0 1 O~ plus one registered architect and one registered professional engineer and a sec-
ond alternate member.
164
6.08.030
3. Terms of office, removal, vacancies, the regularity of meetings and administrative hearings shall be governed by
the same rules and regulations as the contractors examining board.
C. Decisions. The construction board of adjustment and appeals shall, in every case, reach a decision without unrea-
sonable or unnecessary delay. Any hearing related to an appeal or variance shall be conducted in accordance for procedures
for quasi-judicial matters. Each decision of the board shall also include the reason for the decision. If a decision of the board
reverses or Inodifies a refusal, order, or disallowance of the building official or varies the application of any provision of
this code, the building official shall immediately take action in accordance with such decision. Every decision shall be
promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the
decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the
building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as
any aggrieved party might have at law or in equity. (Prior code ~ 6-13)
6.08.030 Administrative appeals.
A. Scope of Appeals. The owner of a building, structure or service system, or his or her duly authorized agent, may
appeal an adlninistrative decision or interpretation of the building official related to the Florida Building Code to the con-
struction board of adjustment and appeals only if one of the following conditions is alleged to exist:
I. The building official rejected or refused to approve the mode or manner of construction proposed to be followed or
materials to be used in the installation or alteration of a building, structure or service system~
2. The provisions of the Florida Building Code do not apply to this specific case~
3. That an equally good or more desirable form of installation can be elnployed in any specific case~
4. The true intent and meaning of the Florida Building Code or any of the regulations thereunder have been Iniscon-
strued or incorrectly interpreted.
B. Initiation of Appeals. The appellant shall complete and submit a notice of appeal to the building department within
thirty (30) days of the decision. The notice of appeal shall be in a form approved by the building official and accompanied
by an nonrefundable fee. No notice of appeal shall be deemed complete without payment of required fees.
C. Procedures. Upon receipt of a complete notice to appeal, the building official shall schedule a hearing to consider
the appeal at the next regularly scheduled meeting of the construction board of adjustment and appeals. The building offi-
cials shall prepare a staff report and shall forward in a timely manner the appellant's notice and staff report along with all
records relevant to the appeal to the construction board of adjustment and appeals prior to the scheduled hearing.
D. Decisions on Appeals. In rendering its decision in accordance with the provisions of subsection C of this section,
the construction board of adjustment and appeals must find that at least one of the conditions in subsection A of this section
have been met in order to overturn an administrative decision or interpretation of the building official.
E. Waiver of Rights. Failure to file notice of appeal within the thirty (30) calendar day appeal period shall constitute a
waiver of any rights under this title to appeal the decision or interpretation of the building official. (Prior code S 6-14)
6.08.040 Variances.
A. Purpose. The purpose of this section is to establish procedures and standards for varying the application of pro vi-
sions of the Florida Building Code.
B. Authority and Scope of Authority. The construction board of adjustments and appeals shall have the authority to
vary the application of any provision of the Florida Building Code in accordance with the standards in subsection D of this
section.
C. Application and Procedures. The applicant shall file a request for a variance along with a nonrefundable fee to the
building department on a form approved by the building official. The application for a variance is not complete without
payment of the required fees. The building official shall schedule a hearing to consider the applicant's request at the next
regularly scheduled meeting of the construction board of adjustment and appeals. The building officials shall prepare a staff
report with recommendations and forward in a timely manner the applicant's request and staffreport along with all records
relevant to the request to the construction board of adjustment and appeals prior to the scheduled hearing.
D. Decisions on Variance Requests. In rendering its decision in accordance with the provisions of subsection C of this
section, the construction board of adjustment and appeals shall only grant a variance if it finds that enforcement of the Flor-
ida Building Code to this specific situation would do manifest injustice and would be contrary to its spirit and purpose and
the public interest, and, if it also finds all of the following:
165
6.08.050
I. That special conditions and circulnstances exist which are peculiar to the building~ structure or service systeln in-
volved and which are not applicable to others~
2. That the special conditions and circumstance do not result froln the action or inaction of the applicant~
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Flor-
ida Building Code to other buildings~ structures or service systeln~
4. That the variance granted is the minimum variance that will make possible the reasonable use of the building~ struc-
ture or service system~ and
5. That the grant of the variance will be in hannony with the general intent and purpose of this code and wi II not be
detrimental to the public health~ safety and general welfare.
E. Variance Conditions. In granting the variance~ the construction board of adjustment and appeals may prescribe a
reasonable tilne limit within which the action for which the variance is required shall be commenced or completed or both.
In addition~ the board may prescribe appropriate conditions and safeguards in conformity with the Florida Building Code.
Violation of the conditions ofa variance shall be deelned a violation of this title and the Florida Building Code. (Prior code
~ 6-15)
6.08.050 Right of entry.
A. Inspections. Whenever necessary to make an inspection to enforce any of the provisions of the Florida Building
Code~ or whenever the building official has reasonable cause to believe that there exists in any building or upon any preln-
ises any condition or code violation which makes such building~ structure~ prelnises, electrical~ gas~ mechanical or plumbing
systems unsafe~ dangerous or hazardous, the building official may enter such building, structure or premises at all reason-
able times to inspect the same or to perform any duty imposed upon the building official by the Florida Building Code. If
such building or premises are occupied~ the building official shall first present proper credentials and request entry. I f such
building, structure~ or premises are unoccupied~ the building official shall first make a reasonable effort to locate the owner
or other persons having charge or control of such and request entry If entry is refused~ the building official shall have re-
course to every remedy provided by law to secure entry.
B. Prohibition on Entry. When the building official shall have first obtained a proper inspection warrant or other rem-
edy provided by law to secure entry~ no owner or occupant or any other persons having charge, care or control of any build-
ing, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry
therein by the building official for the purpose of inspection and examination pursuant to the Florida Building Code and this
title. (Prior code ~ 6-16)
6.08.060 Circuit and county court facility fee charge-Authorized, use, amount.
Upon the institution of any civil action, suit or proceeding~ including probate, guardianship and trust proceedings in the
county or circuit court in and for Monroe County~ Florida~ in addition to any service charge~ filing fee or cost otherwise
provided by ordinance~ general or specific law in effect on the effective date of this section~ the party or parties filing or
instituting such action, suit or proceeding shall pay the following sum, hereinafter identified as ~~court facility fee~" the
whole of which shall be deposited by the clerk of the court into the appropriate fund of the county to be used exclusively in
providing and maintaining existing and future facilities for the use of the circuit and county court systeln.
ADDITIONAL COURT FACILITY FILING FEE
A. Cases Filed in County Court
For all claims less than $100.00 $2.00
For all claims of $1 00.00 but less than $1 ~OOO.OO 4.00
For all claims of $1 ~OOO.OO but less than $2~500.00 6.00
For all claims of $2~500.00 but less than $5~000.OO 8.00
Removal of tenant 8.00
Garnishment, attachment, and distress 8.00
B. Cases Filed in Circuit Court
1 . Civil Division:
For all civil actions, suits or proceedings $ 1 5.00
166
6.08.060
2. Probate Division:
For all cases involving summary adlninistration of a probate estate (involving assets of 5.00
less than $25,000.00)
For all cases involving family adlninistration of a probate estate (involving assets of I 0.00
more than $) 0,000.00 but less than $60,000.00)
For all cases involving fonnal or ancillary adlninistration of a probate estate or 15.00
guardianship or trust (involving an inventory of assets of $60,000.00 or more but less
than $) 00,000.00)
For all cases involving formal or ancillary adlninistration of a probate estate or 20.00
guardianship or trust (involving an inventory of assets of $) 00,000.00 or more)
(Prior code ~ 6-285)
167
6.12.010
Sections:
6.12.010
6.12.020
6.12.030
6.12.040
6.12.050
6.12.060
6.12.070
6.12.080
6.12.090
6.12.100
6.12.110
6.12.120
6.12.130
6.12.140
6.12.150
6.12.160
6.12.170
Sections:
6.12.180
6.12.190
6.12.200
6.12.210
6.12.220
6.12.230
6.12.240
Sections:
6.12.250
Chapter 6.12
BUILDING PERMITS, INSPECTIONS AND
CERTIFICATES OF OCCUPANCY
Article 1
Permits
Building permits required.
Building permit application process.
Permit application time limitations.
Issued permits.
Revocation of permits.
Stop work orders.
Permit applications for hazardous occupancies.
Mobile/manufactured homes plan review criteria.
Certificate of competency required.
Unlawful uses and improvements.
Fees.
Building permit valuations.
Fees and permitting requirements for work done without a permit.
Tests for product compliance.
Motion picture, commercial and television production.
Temporary structures.
New permit required.
Article 2
Inspections
Required inspections.
Inspection service.
Manufacturers and fabricators.
Work concealed prior to inspection.
Working through a stop work order.
Inspections prior to issuance of certificate of occupancy.
Site debris.
Article 3
Certificates of Occupancy
General regulations.
Article 1
Permits
6.12.010 Building perm its required.
A. Applicability. A building pennit shall be required for all work shown in the following table" where specifically ex-
empted by this section and Section 104" Florida Building Code:
168
6.12.010
Work Requiring a Permit Exceptions*
Site preparation including: land clearing~ Pennits may be issued for the relnoval of invasive exotic
placetnents of fill, excavation~ and blasting; vegetation at any time.
however ~ no permit for site preparation may be
issued except in conjunction with the
establishtnent of a use or structure allowed in
the land use district.
A permit is not required for the removal often (10) or fewer
stems of invasive exotic vegetation on parcels with a lawfully
established principal use; however~ this exemption shall not
apply if the retnoval is part of a larger clearing operation
undertaken in segments within anyone calendar year~ whether
by the same or different contractors and/or the property owner
or if undertaken in conjunction with any construction.
Demolition. Residential demolition where the value of the structure to be
detnolished is less than one thousand dollars ($1 ~OOO.OO).
Tie downs of habitable structures. None.
Signs. Those signs which are specifically exempt from pennit
requirements pursuant to Title 9 of this code~ however~ in no
case sha1l a sign be exelnpt if its installation represents a threat
to life and safety.
Fences. None.
Any new construction and remodeling work of Interior remodeling where the fair market value of the work is
principal and accessory structures. less than one thousand dollars ($1 ~OOO.OO) and the footprint of
the structure is not altered.
Open-sided~ thatch-roofed structures on residential lots or
parcels not exceeding one hundred (100) square feet in roof
coverage.
Tool sheds located on residential lots or parcels not exceeding
one hundred (100) square feet in ground coverage or seven
feet in height.
Exterior and interior painting of single and two-family
residential buildings.
Installation of carpeting and floor coverings in single and two-
family residential buildings which have previously been
inhabited~ if the fair market value of the work is less than five
thousand dollars ($5~000.00).
Installation of prefabricated hurricane shutters on a single and
two-family residential buildings if the fair market value of the
work is less than twenty-five hundred dollars ($2.,500.00).
Normal maintenance and ordinary minor repairs where the fair
market value of such work is less than one thousand dollars
($1 ~OOO.OO).
All work in the electrical~ mechanical~ and Normal maintenance and ordinary repair where the fair market
plumbing trades. value of such work is less than one thousand dollars
($1 ~OOO.OO).
The installation of satellite antennas and microwave receiving
antennas which do not exceed one tneter in diameter but only
where mounted on existing buildings or structures.
169
6.12.020
Work Requiring a Permit Exceptions*
All work subject to the floodplain management N onnallnaintenance and ordinary minor repairs where the fair
requirements of Title 9 of this code. Inarket value of such work is less than one thousand dollars
($1 ~OOO.OO).
Resource extraction activities (as defined in None.
Title 9 of this code).
Any work involving life safety. None.
Note-All work that is exenlpt fronl permitting shall comply with the Florida Building Code, this title, and Title 9 of this code and shall be subject to
code cOlllpliancc.
B. Separate Building Pennit Required. A separate building permit shall be required for each principal structure and
any dock~ sea-wall~ and rip-rap accessory structure. (Prior code S 6-17)
6.12.020 Building permit application process.
A. Application. An applicant for a building permit shall submit a completed application on a fonn approved by the
building official along with a nonrefundable fee~ if required by this title~ and any other drawings~ diagrams~ and Inaterials
required by the building official to ensure cOlnpliance with the Florida Building Code and this title. The application shall be
signed by the owner of the property or his or her authorized agent. No application shall be excepted for processing that is
not deelned cOlnplete~ which includes payment of all required fees~ without the express written approval of the building of-
ficial.
B. Agents for Owner Builders. In accordance with F.S. Ch. 489~ an agent Inay not apply for~ nor be issued a pennit on
behalf of an owner builder.
C. Permit Issuance. A building pennit shall only be issued~ if the building official finds its consistent with the Florida
Building Code and this title and is compliant with Title 9 of this code~ as determined by the planning director.
D. Permit Conditions. The building officiallnay place conditions on a permit as are necessary to ensure developlnent
is carried out in compliance with all applicable regulations. V iolation of a permit condition shall be a violation of this title.
E. Inspection Prior to Issuance of a Pennit. Before issuing a permit~ the building officiallnay exalnine or cause to be
examined any building~ electrical~ gas~ mechanical or plumbing systems for which an application has been received for a
pennit to enlarge~ alter~ repair~ move~ demolish~ install or change the occupancy. The building official shall inspect all build-
ings~ structures~ electricaL gas~ mechanical and plulnbing systelns~ froln time to tilne~ during and upon completion of the
work for which a permit was issued. The building official shalllnake a record of every such examination and inspection and
of all violations of the technical codes. (Prior code ~ 6-18)
6.12.030 Permit application time limitations.
A. Time Limitations on Permit Application. Unless the permit has been issued or the approved permit application has
been entered into the pennit allocation system process as provided for under Title 9 of this code~ an application for a pennit
shall be deemed to have been abandoned and become null and void six months after the date offiling for the permit~ except
as otherwise provided for in this title. A one-time extension for a period of not more than ninety (90) days may be author-
ized by the building official provided that the extension is requested in writing along with a nonrefundable fee.
B. Notification of Ready Permit. The building departlnent shall notify the permit applicant for principal structures that
the permit is ready to be issued (the ~~ready permit'~). In the case of applications within the permit allocation system~ as gov-
erned by Title 9 of this code~ notification shall be by certified mail to the name and address given by the applicant on the
application. For all other permit applications~ notice Inay be verbal or written as appropriate.
c. Expiration of Ready Permits: In the case of permit applications within the permit allocation system~ ready permits
which are not picked up within sixty (60) days of the notification by certified Inail shall automatically expire and become
null and void. Except for delnolition permits~ all other perlnits which are ready but have not been picked up shall automati-
cally expire in accordance with the provisions of subsection A of this section. In either case~ to renew the expired pennit a
new building pennit application together with appropriate nonrefundable fees must be submitted to the building department
for approval. (Prior code * 6-19)
170
6.12.040
6.12.040 Issued permits.
A. Permit Intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to
violate, cancel, alter or set aside any of the provisions of the Florida Building Code and other technical codes. Nor shall
issuance of a permit prevent the building official from thereafter requiring correction of errors in plans, construction, or vio-
lations of this code.
B. Permit Time Limitations. Every permit issued shall becolne null and void unless the work authorized by such per-
mit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned
for a period of six months after the tilne the work is commenced. Work is considered commenced if it has received an ap-
proved initial inspection pursuant to permit requirelnents or an approved temporary electrical inspection. Any valid permit,
for which construction has commenced, must progress in a timely fashion. The only method by which timely valid progress
of authorized work may be demonstrated is through the building departInent's having perfonned and approved an inspection
which is highlighted in red print on the building permit display card within one hundred eighty (180) days measured from
either: (I) as to the initial inspection, the date work was required to begin; or (2) as to inspections subsequent to the initial
inspection, from the date of the last approved inspection which was highlighted in red print on the display card.
C. Approved Inspections. These inspections which are highlighted in red print on the display card, as amended froln
time to time by the building official, may include, but shall not be lilnited to: any auger/auger cap; piling/piling cap; grade
beam/slab; column/tic beams; slab/wood floor; rooftrusses/sheathing~ final roofing A/C ductwork, total rough plumbing;
total rough electrical; framing; insulation/drywall; final mechanical~ final plulnbing; final electrical and final building.
D. Failure to Obtain Inspections. Failure to obtain an approved inspection within one hundred eighty (180) days of the
previous approved inspection shall constitute suspension or abandonment, which shall render the pennit null and void. Any
work completed without an approved inspection may be subject to code compliance.
E. Extensions. After work is commenced, a one-time only extension of time for a period of not more than one hundred
eighty (180) days, may be allowed by the building official for the pennit, provided the extension is requested in writing and
justifiable cause is demonstrated prior to the expiration date. Any extension request shall be accompanied by a nonrefund-
able fee.
F. Delnolition Permits (Special Case). Any permits for the demolition ofa structure shall expire sixty (60) days from
the date of issuance. No extensions shall be allowed. (Prior code S 6-20)
6.12.050 Revocation of permits.
The building official may suspend or revoke any building permit under anyone of the following circumstances:
A. A materially false statement is contained in the application or plans for which the permit was issued;
B. Work is undertaken outside the scope or contrary to the conditions of the building permit~ or
C. The permit was issued in error and, in the opinion of the planning director, the building official, or the rITe marshal,
the error would result in a threat to the health, safety or welfare of the public. (Prior code S 6-21)
6.12.060 Stop work orders.
Upon notice from the building official, work on any building, structure, electrical, gas, mechanical or plumbing system
that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such
notice shall be in writing and shall be given to the owner of the property, or to his or her agent, or to the person doing the
work, and shall state the conditions under which work may be resumed. Where an emergency exists.. the building official
shall not be required to give a written notice prior to stopping the work. (Prior code S 6-22)
6.12.070 Permit applications for hazardous occupancies.
The building official may require that any application for a permit involving a hazardous occupancy shall contain:
A. General Site Plan. A general site plan drawn at a legible scale, which includes, but not be limited to, the location of
all buildings.. exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads., chemical
loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property
uses. The exterior storage areas shall be identified with the hazard classes and the maXilTIUm quantities per hazard class or
hazardous Inaterials stored~
B. Building Floor Plan. A building floor plan drawn to a legible scale, which includes, but not be lilnited to, all haz-
ardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits., fire rated assem-
171
6.12.080
blies with their hourly rating~ location of liquid tight rooms~ and evacuation route. Each hazardous materials storage facility
shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored.
(Prior code S 6-23)
6.12.080 Mobile/manufactured homes pian review criteria.
Building pennit applications submitted for placClnent of Inobilehnanufactured hOlnes shall contain~ but are not necessar-
ily litnited to~ the following information required by the building official for plans review:
A. Site Requirements: setback/separation and location of on-site wastewater treatment faci1ities~
B. Structural: wind zone~ anchoring~ and blocking~
C. Mechanical: exhaust systems~ including clothes dryer and kitchen equiplnent exhausts~ and
D. Electrical: exterior disconnect location. (Prior code S 6-24)
6.12.090 Certificate of competency required.
It is unlawful for any person or firm to engage in the business or act in the capacity of a contractor~ subcontractor~ mas-
ter~ joumeYlnan or Inaintenance personnel~ as hereinafter defined~ anywhere within the unincorporated areas of this county
without a current valid certificate of competency issued by either Monroe County or by the state of Florida. (Prior code
S 6-25)
6.12.100 Unlawful uses and improvements.
As used herein~ an "'unlawful use or improvelnenf~ is any use or improvement existing on the effective date of the ordi-
nance codified in this chapter~ which is capable of code enforcement prosecution under Chapters 1.08 and 1.12 of this code.
Except for building permits that are lilnited exclusively to addressing imlninent risks to property and public health and
safety~ no building permit shall be issued for any use or improvement involving all or any portion ofa parcel (as defined in
Section 9.02.040~ of this code which contains as unlawful use or improvement until the parcel is brought into cOlnpliance
with the provisions of Title 9 of this code. By way of illustration and not lilnitation~ permits may be issued for repairs and
replacelnent of roof and other building structural components to the extent necessary to address imminent risks to property
damage and public safety and health~ such as for~ but not limited to~ the repair of leaking roofs and damaged roofs~ walls~
foundation~ and. violations ofbuilding~ electricaL mechanical~ and electrical codes. Any such permit shall contain a provi-
sion requiring cOlnpliance with Title 9 of this code by the date specified in the permit. (Prior code S 6-26)
6.12.110 Fees.
A. Purpose. The purpose of this section is to establish the authority~ schedule~ and exemptions for permitting and re-
lated fees.
B. Authority and Fee Schedule. Except as specifically established by this title~ the board of county commissioners Inay
by resolution establish a fee schedule for~ but not lilnited to permit applications~ permits~ plans exalnination~ certificates of
competency~ re-inspections~ permit renewals~ administrative fees~ variance requests~ and administrative appeals.
C. Fees Required. Except as authorized by this title~ no permit shall be issued without payment of all appropriate fees.
Where a nonrefundable application fee is charged~ the fee may be applied to offset the total permit fee at the tilne the pennit
is issued~ except where the application fee exceeds the total permit fee. In this case~ the application fee shall become the
total permit fee.
D. Fee Exemptions. Fees may be exempted for only those entities and activities specifically listed below:
1. Conditional Exemptions. The following govemlnental entities are exempt from county building pennit and applica-
tion fees~ but only if the listed entity does not charge the county a fee (including an ilnpact fee) for developlnent~ environ-
Inent. or sinlilar permits~ or for right-of-way use:
a. The state of Florida including the South Florida Water Management District~
b. The United States~
c. Municipalities wholly located within the county~
d. City Electric Systetn~
e. Florida Keys Electric Co-op~ and
f. F lurida Keys Aqueduct Authority.
2. Full Exetnptions. The following entities or work are exempt from the county building permit and application fees:
172
6.12.120
a. Monroe County~
b. V olunteer fire departments~
c. Volunteer elnergency medical departments~
d. Implementation of housing rehabilitation projects pursuant to the county" s participation in federal and state pro-
grams for eligible and low and very-low incotne participants~ and
e. Construction of affordable housing projects., as defined under the Florida Statutes or Title 9 of this code., receiving
financial assistance from Monroe County.
E. Fee Waivers. Not-for-profit organizations with 50 I (c )(3) status from the Internal Revenue Service for construction
of affordable or low incolne housing as defined by Florida Statutes and lessees of county-owned property for construction
on said property tnay apply to the board of county comtnissioners for fee waivers from the permit and application fees.
F. Fee Refunds. No fees paid for building permit fees shall be refunded without the approval of the board of county
comlnissioners upon the recommendation of the county adtninistrator. Pennit application fees are not refundable. (Ord.
019-2003 S I ~ prior code ~ 6-27)
6.12.120 Building permit valuations.
If in the opinion of the building official., the valuation of building., alteration., structure., electrical., gas., mechanical or
plumbing systems appears to be underestimated on a building permit application., the permit application shall be denied.,
unless the applicant can show detailed estimates to meet the approval of the building official. Permit valuations includes
total cost., such as electrical., gas., mechanical., plumbing equipment and other systems., including materials and labor. The
pennit valuation may be calculated using the latest Building Valuation Data published by the Southern Building Code Con-
gress International or other applicable model code organization., at the option of the building official. (Prior code S 6-28)
6.12.130 Fees and permitting requirements for work done without a permit.
A. After-the-Fact Permits and Fees.
I. Any person who commences any work requiring a permit under this title on a building., structure., electrical., gas.,
mechanical or plumbing system before obtaining the building official"s approval or necessary permits shall pay five-
hundred dollars ($500.00) for completed construction work that is valued at five thousand dollars ($5.,000.00) or less or., pay
one thousand dollars ($1.,000.00) for completed work that is valued at more than five thousand dollars ($5.,000.00) or ten
(10) percent of the value of the construction work already completed., whichever is greater.
2. Before any permit may be issued under subsection (A)( I) of this section., the person., fIrm or corporation seeking the
permit shall, at his or her own expense provide the building departlnent with the following:
a. Drawings sealed by an engineer license to practice in the state of Florida which certify that all work already done is
in compliance with the Florida Building Code~ and
b. A certification from an engineer licensed in the state of Florida that all steel work is in compliance with the Florida
Building Code and relevant state law and that such compliance has been verified through generally accepted engineering
practice.
Compliance with the engineer certification requirements of this paragraph shall neither relieve the person., firm or corpo-
ration offully complying with all other relevant county regulations, county ordinances or state statutes., nor from any penal-
ties prescribed herein.
3. Any person who commences to place fill that requires a permit under this title before obtaining the building offi-
cial's approval or necessary permits shall:
a. Pay five hundred dollars ($500.00) for fill placed over one hundred (100) square feet or less of area., or pay one
thousand dollars ($1.,000.00) for fill placed over more than one hundred (100) square feet ofarea~
b. Pay a mitigation fee to the county"s restoration fund of three dollars ($3.00) per square foot of wetlands area af-
fected~ and
c. Restore to the original condition and grade those filled areas that can not be permitted under the Florida Building
Code and Title 9 of this code.
4. Any person who cOlnmences to clear lands that require a pennit under this title or Title 9 before obtaining the
building official"s approval or necessary permits shall:
a. Pay five hundred dollars ($500.00) for clearing of one hundred (100) square feet or less of land., or pay one thou-
sand dollars ($ I .,000.00) for clearing of In ore than one hundred (100) square feet of land~ and
173
6.12.140
b. COlnply with the requirements of Section 9.20.050 of this code.
B. Demolition. In lieu of obtaining an after-the-fact permit or approval from the building official above., the person.,
finn or corporation may remove all unpermitted work and return the site to its original condition. A demolition pennit shall
be required for all cOlumercial work (regardless of value) and for residential work when the fair luarket value of the unper-
luitted construction work is one thousand dollars ($1.,000.00) or more. For removal of unpermitted fill., a demolition pennit
shall be required., the fees and requirements for the demolition permit including payment of mitigation funds shall be the
saIne as those for an after-the-fact penuit pursuant to subsection (A)(3) of this section. For unpermitted land clearing., an
after-the-fact penuit., not a delnolition permit., shall be required pursuant to the provisions of subsection (A)(4) of this sec-
tion.
C. Unpermitted Placement of Fill and Land Clearing-After-the-Fact Pennit.
1. If land has been cleared in excess of what may be permitted., no building pennit shall be issued for after-the- fact
construction work under this section until the requirements of Section 9.20.050 and subsection (A)( 4) of this section have
been met.
2. Ifplacement offill has occurred in excess of what may be permitted., no building permit shall be issued for after-
the-fact construction work under this section until the requirements of subsection (A)(3) of this section have been Inet.
D. Work is Unpermittable. In the event the construction work., land clearing., or placement offill is unpennittable un-
der the Florida Building Code and Title 9 of this code., the site shall be restored to its original condition pursuant to subsec-
tion B of this section.
E. Appeals. An appeal from any administrative decision made by the building official in enforcing this section shall be
pursuant to Title 9 of this code.
F. Emergency Exemption. The provisions of this section shall not apply to emergency work when delay would clearly
have placed life or property in imminent danger. But in all such cases the required permit must be obtained within three
business days and any unreasonable delay in obtaining those permit(s) shall result in the charge of an after-the-fact permit
fee as per subsection A of this section. The payment of this fee shall not preclude or be deemed a substitute for prosecution
for commencing work without first obtaining a permit. The building official may grant extensions of time or waive fees
when justifiable cause has been delnonstrated in writing. (Ord. 006-2004 ~~ 1-7~ prior code S 6-29)
6.12.140 Tests for product compliance.
For products not covered under the statewide product evaluation and approval system., the building official may require
tests or test reports as proofof compliance. Required tests are to be made at the expense of the owner., or his or her agent by
an approved testing laboratory or other approved agency. (Prior code ~ 6-30)
6.12.150 Motion picture, commercial and television production.
A special., no fee permit., is required for construction of temporary facilities and improvements incidental to motion pic-
ture., commercial and television production., including but not limited to sets., stages., tents., and supporting facilities and
power. An such special permit shall require that the site be restored to its original condition and shall state that the permit is
not authorization for any work requiring a permit under this title or Title 9 of this code. (Prior code ~ 6-31)
6.12.160 Temporary structures.
The building official Inay issue a special building permit for a limited time of not more than six months for the erection
oftelnporary structures such as construction sheds., trailers., seats., canopies., tents., and fences used in construction work or
for temporary uses and events. Any such permit for temporary non-construction uses shall require prior approval of the
planning director to ensure compliance with Title 9 of this code. Any structures shall be completely removed upon expira-
tion of the time stated in the permit. (Prior code ~ 6-32)
6.12.170 New permit required.
Ifwork has comlnenced and the permit is revoked., becomes null and void., or expires because of the lack of progress or
abandonment., a new permit covering the proposed construction shall be obtained before work may proceed., which may
require the payment of after-the-fact fees rather than regular permit fees. The building official may require an on-site
inspection., plans., drawings., and other documentation. If the permit was issued under the permit allocation system in Title 9
of this code., the applicant shall not be issued a permit until awarded an allocation. (Prior code S 6-33)
174
6.12.180
Article 2
Inspections
6.12.180 Req uired inspections.
The building official., upon notification frotn the permit holder or his or her agent shall make inspections required by the
Florida Building Code and this title and shall either release that portion of construction or shall notify the pennit holder or
his or her agent of any violations which must be corrected to comply with the Florida Building Code. The building official
shall detennine the timing and sequencing of when inspections occur and what elements are inspected at each inspection.
(Prior code ~ 6-34)
6.12.190 Inspection service.
The building official may make., or cause to be made., the inspections required by the Florida Building Code and this title.
The building official may accept reports of department inspectors., independent inspectors or of recognized inspection ser-
vices., provided that after investigation he or she is satisfied as to their licensing., qualifications and reliability. A certificate
required by any provision of this code shall not be based on such reports unless the same are recorded by the building code
inspector or the architect or engineer performing building code inspections in a manner specified by the building official.
The building official shall ensure that all persons making such inspections shall be certified in accordance to F.S. Ch. 468.
(Prior code ~ 6-35)
6.12.200 Manufacturers and fabricators.
When deemed necessary by the building official., he or she shalltnake., or cause to be made., an inspection of materials or
assetnblies at the point of manufacture or fabrication. A record shall be made of every such examination and inspection and
of all violations of the technical codes. (Prior code S 6-36)
6.12.21 0 Work concealed prior to inspection.
I f any work is concealed before an inspection has been made and the work approved., no further work shall occur on the
site until the work is exposed., inspected and approved by a county inspector or until certification is provided to the building
official by an architect or engineer that the concealed work is in conformance with the appropriate code. (Prior code S 6-37)
6.12.220 Working through a stop work order.
If any person or entity is found by the contractors exatnining board to violate this title by continuing to perfonn work
subsequent to the issuance of a stop work order/red tag., that person or entity is subject to a tninimum five hundred dollar
($500.00) fine. In addition., there shall be automatic revocation of all permits and development orders related to the work
being done~ and a mandatory., minitnum six-month suspension of the permit pulling privileges of any contractor(s) perform-
ing such work. (Prior code S 6-38)
6.12.230 Inspections prior to issuance of certificate of occupancy.
In addition to the inspection requirements of Section 105., Florida Building Code., the following inspections and inspec-
tion elements shall be required as deemed necessary by the building official:
A. Slab Inspection. A slab inspection shall be made after the reinforcement is in place., all concealed conduit., piping.,
ducts and vents are installed and the electrical., plumbing and mechanical work is complete. Slab shall not be poured until all
required inspections have been made and passed.
B. Foundation Survey. A foundation survey prepared and certified by a registered surveyor shall be required for all
new construction prior to approval of the framing inspection. The survey shall certify placement of the building on the site.,
illustrate all surrounding setback diInensions and shall be available at the job site for review by the building inspector. In
lieu of providing a survey., the contractor may elect to uncover all property line tnarkers and string-up all property lines in
preparation for inspection.
C. Fratning Inspection. The framing inspection shall be required for all eletnents identified in Section 105.6., Florida
Building Code., and installation of window/door framing.
175
6. 12.240
D. Insulation Inspection. An insulation inspection shall be lnade after the fralning inspection is approved and the insu-
lation is in place.
E. Sheathing Inspection. Sheathing fasteners installed and found to be lnissing the structural melnber (shiners) shall be
relnoved and properly reinstalled prior to installation of the dry-in tnaterial.
F. Roofing Inspection. The roofing inspection shall be lnade as two inspections on tile~ slate or similar roof coverings
or as one inspection on all other roof coverings.
G. Final Inspection Requiretnents.
I. After the building or work is completed~ final inspections shall be made for every pennit for work requiring plans
review and approval or related to public health~ safety ~ and welfare~ as detennined by the building official. Any pennit re-
quiring a final inspection shall be so annotated on the issued pennit.
2. It is the responsibility of the permit holder to call for a final inspection. Failure to obtain a final inspection shall
render the pennit null and void~ ifit is not done within the duration Jilnits for the pennit as specified in this title. The pennit
holder is subject to code cOlnpliance~ if construction is cOlnpleted and no required final inspection is made. If the pennit
becolnes null and void~ no further work is authorized without a new permit or approval by the building official. (Prior code
~ 6-39)
6.12.240 Site debris.
The contractor and/or owner of any active or inactive construction project shall be responsible for the clean-up and re-
moval of all construction debris or any other miscellaneous discarded articles prior to receiving final inspection approval.
Construction job sites must be kept clean~ such that acculnulation of construction debris must not remain on the property for
a period oftilne exceeding fourteen (14) days. All debris shall be kept in such a manner as to prevent it from being spread
by any other means. (Prior code ~ 6-40)
Article 3
Certificates of Occupancy
6.12.250 General regulations.
A. Certificate of Occupancy Required. No new building shall be occupied or a change Inade in the occupancy of an
existing building until after the building official has issued a certificate of occupancy.
B. Issuance of Certificate of Occupancy. Upon completion of construction ofa building or structure and installation of
electricat gas~ mechanical~ and plumbing systems and after final inspections~ the building official shall issue a certificate of
occupancy ifhe or she verifies that the completed construction under the applicable penn it cOlnplies with the Florida Build-
ing Code and this title: was found in compliance by the planning director with Title 9 of this code: was found in cOlnpliance
with fire prevention and life and safety codes by the fire marshat where applicable: and that anyon-site sewage disposal
and treatment received an approved final inspection~ where applicable.
C. Debris Removal. No certificate of occupancy shall be issued unless all construction debris is removed froln the site.
D. Revocation of Certificate of Occupancy. The bu ilding official may revoke any certificate of occupancy ~ if a false
statement is contained in the pennit application upon which the certificate is issued or if subsequent use does not confonn
with the land use (zoning) district in which the structure is located.
E. Temporary Certificate of Occupancy. The building officiallnay issue a temporary certificate of occupancy for no
more than twelve (12) months for a portion or portions ofa building which~ in his or her determination~ may be safely occu-
pied prior to final completion of the building. (Prior code ~ 6-41 )
176
Sections:
6.16.010
6.16.020
6.16.030
6.16.040
6.16.050
6.16.060
6.16.070
6.16.080
6.16.090
6.16.100
6.16.11 0
6.16.120
6.16.130
6.16.140
6.16.150
6.16.160
6.16.1 70
6.]6.0]0
Chapter 6.16
CONSTRUCTION CONTRACTORS AND SKILLED WORKERS
Exemptions.
Definitions.
Specialty trades-Testing required when.
Certificate of competency-Required.
Certificate of competency-Prerequisite to issuance of occupational license.
Certificate of competency-Application-Examination-Issuance of contractor's certificate.
Certificate of competency-Application-Examination-Issuance of master's, journeyman's,
maintenance personnel's and apprentice's certificate.
Certificate of competency-Reciprocity.
Certificate of competency-Fees.
Certificate of competency-Suspension or revocation-Effect on occupational license.
Certificate of competency-Reexamination may be required for renewal or reinstatement.
Prohibited actions.
Prohibited actions of journeyman and master.
Restriction as to number of apprentices.
Disciplinary proceedings.
Direct supervision required.
Scope.
6.16.010 Exemptions.
Licensure under this chapter does not apply to:
A. Contractors in work on bridges, roads, streets, highways, railroads, or utilities and services incidental thereto~
B. Any employee ofa licensee who is a subordinate of such licensee if the employee does not hold himselfor herself
out for hire or engage in contracting except as an employee~
C. An authorized employee of the United States, this state, or any municipality, county or other political subdivision if
the employee does not hold himself or herself out for hire or otherwise engage in contracting except in accordance with his
or her employment~
D. An officer appointed by a court when he or she is acting within the scope of his or her office as defined by law or
court order. When construction projects which were not underway at the titne of appointment of the officer are undertaken,
the officer shall elnploy or contract with a licensee~
E. Public utilities on construction, maintenance and development work performed by their elnployees, which work is
incidental to their business~
F. The sale or installation of any finished products, materials or articles of merchandise which are not fabricated into
and do not become a permanent fixed part of the structure, except for in-ground or above-ground swimming pools with a
capacity in excess of five hundred (500) gallons~
G. Owners of property when acting as their own contractor and providing all material supervision themselves, when
building or improving farm outbuildings or one- family or two- family residences on such property for the occupancy or use
of such owners and not offered for sale or lease, or building or improving commercial buildings at a cost of under twenty-
five thousand dollars ($25,000.00) on such property for the occupancy or use of such owners and not offered for sale or
lease. In an action brought under this subsection, proof of the sale or lease, or offering for sale or lease, of any structure by
the owner-builder within one year after cOlnpletion of same creates a presulnption that the construction was undertaken for
purposes of sale or lease. This subsection does not exelnpt any person who is elnployed by such owner and who acts in the
capacity ofa contractor. For the purposes of this subsection, the term ~~owners of property" includes the owner ofa mobile-
home situated on a leased lot. To qualify for exemption under this subsection, an owner must personally appear and sign the
building permit application~
177
6.16.020
H. Any construction, alteration, ilnprovelnent or repair carried on within the lilnits of any site the title to which is in
the United States or with respect to which federal law superseded this chapter~
I. Any work or operation of a casual, minor or inconsequential nature in which the aggregate contract price for labor,
materials and all other itelns is less than one thousand dollars ($1 ,OOO.OO)~ but this exception does not apply:
I. If the construction, repair, relnodeling or iInprovelnent is a part ofa larger or Inajor operation, whether undertaken
by the saIne or a different contractor, or in which a division of the operation is Inade in contracts ofalnounts less than five
hundred dollars ($500.00) for the purpose of evading this chapter or otherwise,
2. To a person who advertises that he or she is a contractor or otherwise represents that he or she is qualified to engage
in contracting~
J. I. Any construction or operation incidental to the construction or repair of irrigation and drainage ditches.
2. Regularly constituted irrigation districts, reclalnation districts. or
3. Clearing or other work on the land in rural districts for fire prevention purposes or otherwise except when per-
fonned by a licensee~
K. A registered architect. engineer or residential designer acting in his or her professional capacity or any person ex-
elnpted by the law regulating architects and engineers~
L. Any person who only furnishes Inaterials or supplies without fabricating them into, or consuming them in the per-
fonnance of~ the work of the contractor~
M. Any person who is licensed under F.S. Ch. 489~
N. Any person who sells, services or installs self-contained heating or room air conditioning units which have a capac-
ity no greater than three tons or thirty-six thousand (36,000) Btu, or dOlnestic refrigerators. (Prior code ~ 6-55)
6.16.020 Definitions.
For the purpose of the administration and enforcement of this chapter, and unless otherwise stated in this chapter, the
following words shall have the Ineanings indicated herein.
The definitions of .~shaIP' and ~~may" are contained in Section 1.04.020 of this code.
."Apprentice" means a person learning a craft under a skilled worker~ hence, a beginner, and as such must have at least
three years' experience before taking a journeyman exam.
"~Building contractors" are those whose services are limited to construction of commercial buildings and single- or multi-
ple-dwelling or residential buildings, neither to exceed three stories in height, and accessory use structures in connection
therewith, or those whose services are limited to remodeling, repair or improving any size of building. If the services affect
the structural members of the building, drawings sealed by an engineer or architect are required. However, they must com-
ply with the same regulations in regards to subcontractors as a general contractor.
....Class A air conditioning contractor" means any person whose services are unlilnited in the execution of contracts re-
quiring the experience, knowledge and skill to install, maintain, repair. fabricate, alter, extend or design, when not prohib-
ited by law, central air conditioning, refrigeration, heating, and ventilating systems, including duct work in connection with
a cOlnplete system only to the extent such duct work is performed by the contractor as is necessary to make complete an air-
distribution systeln, boiler and unfired pressure vessel systelns, and all appurtenances, apparatus or equipment used in con-
nection therewith, and to install, maintain. repair, fabricate, alter, extend or design, when not prohibited by law, piping, in-
stallation of pipes, vessels and ducts, pressure and process piping, pneumatic control piping, and installation ofa condensate
drain froln an air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a
sanitary system. The scope of work for such contractor shall also include any excavation work incidental thereto, but shall
not include any work such as liquefied petroleum or natural gas fuel lines within buildings, potable water lines or connec-
tions thereto, sanitary sewer lines, swimlning pool piping and filters, or electrical power wiring.
"~Class B air conditioning contractor" means any person whose services are lilnited to twenty-five (25) tons' cooling and
five hundred thousand (500,000) Btu heating (in anyone system) in the execution of contracts requiring the experience,
know ledge and skill to perfonn the following: install. maintain, repair, fabricate, alter, extend or design, when not prohib-
ited by law, central air conditioning, refrigeration, heating and ventilating systems., including duct work in connection with a
cOlnplete system only to the extent such duct work is perfonned by the contractor as is necessary to make cOlnplete an air
distribution system being installed under this classification~ and to install, maintain, repair, fabricate, alter, extend or design,
when not prohibited by law, piping, installation of pipes, vessels and ducts, and installation of a condensate drain froln anu
178
6.16.020
air conditioning unit to an existing safe waste or other approved disposal other than a direct connection to a sanitary systeln~
all in such a Inanner as to comply with all plans~ specifications~ codes~ laws and regulations applicable thereto.
-"Class C air conditioning contractor~~ Ineans any person whose business is limited to the servicing of air conditioning~
heating or refrigeration systems~ including duct alterations in connection with those systems such contractor is servicing~
and whose certificate of competency issued pursuant to this chapter was valid on February 9~ 1993. No person not previ-
ously certified as a Class C air conditioning contractor as of February 9, 1993, shall be certified as a Class C air condition-
ing contractor after February 9~ 1993. However~ the contractor~s examining board shall continue to certify and regulate
those Class C air conditioning contractors who held Class C certificates of competency prior to February 9, 1993~ provided
that said Class C air conditioning contractors maintain their certificates of cOlnpetency in good standing pursuant to all other
provisions of this title~ and rules and regulations promulgated hereunder.
-"Contractor~' means a person who possesses the requisite skill, knowledge, financial responsibility and experience to
supervise~ direct, manage and control the contracting activities of the business entity with which he is connected and whose
technical and personal qualifications have been determined by investigation and examination as provided in this title, and
any person who meets the state statutory definition of contractor in the chapter on construction contracting.
""Demolition" means the dismantlement, disassembly, demolishing, wrecking, or removal of structures or parts thereof
and removing the debris therefrom in such a manner that adjoining structures and properties and parts thereof and workmen
and other persons may be kept safe. A contractor holding a certificate of competency under this title or F. S. Ch. 489 may
perform demolition of those elements of a structure or components thereof which the contractor is licensed to construct~
assemble or install. General contractors, building contractors~ and residential contractors may totally demolish such struc-
tures, including the roofs, they are licensed to construct after they have received from the properly licensed contractor a cer-
tificate that electricity, water~ and any gaseous substances have been disconnected by such contractors from the source or
supply at a point outside the structure to be demolished. Any demolition of a structure which is suspected to contain asbes-
tos requires review by, and if necessary, coordination of activity through the Florida Departlnent of Environ In enta I Protec-
tion (DEP) prior to the start of work.
-"Electrical contractor" is a contractor doing work on any premises or in any building or structure requiring the installa-
tion~ repair, alteration, addition or changes to any system of electrical wiring, apparatus or equipment for light heat or
power. This work tnay include all electrical installations for which he or she holds a certificate of competency on private
and public property and within substations and plants, and an electrical contractor may contract therefor and will be issued
permits for such work by the administrative agency concerned.
--Engage in business" means doing a trade for any owner or any tenant of land or of a building or of any part thereof, or
for any person, finn or corporation in possession or in charge of the saIne or any part thereof, or entering into a contract
with any such owner~ tenant~ person, firm or corporation for the doing of a trade.
1 . A C lass I, general engineering contractor may perform the following work:
a. Construct foundations including the excavating, forming and placing of reinforcing steel and concrete and perfonn
other incidental work thereto; and
b. Other concrete and engineering work, including but not litnited to, harbors, docks~ excavating, filling and grading,
drainage~ pile driving, levees, pumping stations, and similar types of work in conjunction with water powec water control,
waterworks and water supply, paving and sidewalks, curbs and gutters, streets and roads, bridges and overpasses and under-
passes in streets, roads and public thoroughfares, underground sewage collection and disposal systems~ bulk heading and
underground utility line construction, both sanitary and storm sewer systems and similar work.
2. Class II, specialty engineering contractor, is an engineer contractor, under the jurisdiction of the county examining
board, who specializes in one or more of the following engineering crafts and whose scope of work is so limited under his
or her certificate of competency. His or her principal contracting business is the execution of contracts, in some instances
sub-contracts~ and possibly involving two or more trades requiring the experience~ financial means~ knowledge and skill, as
here set forth~ to engage in the business of the particular engineering specialty concerned in such a manner as to comply
with all plans~ specifications, codes, laws, and regulations applicable. A specialty engineering contractor (Class II) Inay con-
tract for and take out permits for any and all work or trades connected with his or her present project or with the construc-
tion industry, except that in those trades for which a master is specifically required~ he or she shall sub-contract with a quali-
fied contractor holding a current certificate of competency in that field. All pennits for soakage pits~ dry wells~ catch basins
and connection pipes or filled property shall be secured from the proper authority and installations made in accordance with
the Standard Building Code.
179
6.16.020
a. A '''pipeline engineering contractor'~ is an engineering contractor qualified by the experience and skill gained by not
less than five years as a general superintendent for a general engineering contractor or pipeline engineering contractor or
education equivalent thereto~ or a combination thereof and certified to excavate~ construct, install~ repair or alter pipel ines,
such as water and gas translnission and distribution lines~ stonn and sanitary sewerage Iines~ force mains~ outfalls and
pumping facilities incidental to the collection or installation and placing within a structure which is constructed for the pur-
pose of pUlnping or processing such pipe line products. A pipeline engineering contractor may construct or install junction
boxes~ Inanholes~ inlets~ valves~ and similar components~ in such manner as to comply with all plans~ specifications., codes,
laws and regulations applicable. The work of the pipeline engineering contractor shall be considered to stop at a point five
feet froln a building not specifically constructed for the purpose of pumping or processing pipeline products.
b. A ....pile driving and foundation engineering contractor~~ is an engineering contractor having the experience and skill
gained by not less than three years as a general superintendent for a general building or general engineering contractor or
education equivalent thereto~ or a cOlnbination thereot and qualified and certified to drive piling including sheet piling and
construct foundations including the excavating~ forming and placing of reinforcing steel and concrete and perfonn other
work incidental thereto.
c. A "~seawall and small dock engineering contractor" is an engineering contractor., having the experience and skill
gained by not less than three years as a general superintendent for an engineering contractor or education equivalent thereto,
or a cOlnbination thereot: and qualified and certified to construct seawalls and small docks. A seawall and small dock engi-
neering contractor may drive piling for one story building construction~ seawalls and small docks.
d. A ....paving engineering contractor~~ is an engineering contractor having the experience and skill gained by not less
than three years as a general superintendent for an engineering contractor or education equivalent thereto or a combination
thereof and qualified and certified to construct roads., airport runways and aprons~ parking lots~ sidewalks, curbs and gutters,
property line walls, asphalt paving~ concrete paving, and to perform the excavating, clearing and grading incidental thereto.
A paving engineer contractor may not excavate for canals and lakes, or construct storm drainage facilities.
e. An ""excavating and grading engineering contractor" is an engineering contractor~ qualified by the experience and
skill gained by not less than three years as a general superintendent for an engineering contractor or education equivalent
thereto~ or a cOlnbination thereot and qualified and certified to make excavations~ obtain or remove materials such as rock,
gravel or sand~ to construct or excavate canals, lakes~ levees~ roadways., including land clearing, filling and grading. An ex-
cavating and grading engineering contractor may do the work of a land clearing and grubbing contractor.
f. A "~fuel translnission and distribution line engineering contractor~~ is an engineering contractor, having the experi-
ence and skill gained by not less than three years experience in this field or education equivalent thereto, or a cOlnbination
thereof qual i tied and certified to excavate for and construct, alter., repair and maintain transln ission and distribution lines for
liquid or gaseous fuels under pressure in welded pipes~ including pumping and booster stations~ valves~ meters and siInilar
components incidental thereto and restoration of pavement. The scope of work of a fuel translnission and distribution line
engineering contractor shall be considered to stop at the metering device.
g. A ....hydraulic dredging engineering contractor" is an engineering contractor having the experience in this field or
education equivalent thereto or a combination thereot qualified and certified to Inake submarine excavations~ to relnove
from underwater locations, materials such as rock, gravel, silt~ mud~ marl or clay, to excavate canals, channels, lakes~ bor-
row areas, to construct fills., embankments or stockpiles, using floating hydraulic dredging equipment.
3. No person not previously certified as a Class I, general engineering or as Class II, specialty engineering contractor
in the subclasses pipeline~ pile driving and foundation~ seawall and small dock, fuel transmission and distribution line., and
hydraulic dredging, as of February 18, 2004~ shall be certified as a Class I, general engineering or Class II, specialty engi-
neering contractor after February 18, 2004. However~ the contractors examining board shall continue to certify and regulate
those Class I and specified Class II, engineering contractors who were certified on (DATE OF MEETING FOR
APPROV AL), 2004, provided that such engineering contractors Inaintain their certificates of competency in good standing
pursuant to this title and rules promulgated hereunder.
4. Class III, sub-engineering contractor or land clearing and grubbing engineering contractor is any person who held a
certificate of competency for this category on August 16, 1994~ and is an engineering contractor having the experience and
skill gained by not less than one year as a general superintendent for an engineering contractor or education equivalent
thereto, or a cOlnbination thereof., and qualified and certified to clear land of surface debris and vegetation growth, including
the grubbing of roots, the relnoval of the debris therefrom and the general leveling of the surface thereinafter and work inci-
dental thereto. A Class III engineering contractor lnay take out pennits for work falling within his or her particular specialty
180
6.16.020
or specialties except in those trades for which a Inaster is specifically required; he or she shall subcontract with a qualified
contractor holding a current certificate of competency in that field. All pennits for soaking pits~ dry wells~ catch basins~ and
connection pipes or filled property shall be secured from the proper authority and installation Inade in accordance with the
Standard Building Code. No person not previously classified as a Class III~ sub-engineering contractor or land clearing and
grubbing engineering contractor as of August 16~ 1994~ shall be certified as a Class III~ sub-engineering contractor or land
clearing and grubbing engineering contractor after August 16~ 1994. However~ the contractor~s examining board shall con-
tinue to certify and regulate those persons holding a Class III sub-engineering contractor or land clearing and grubbing en-
gineering contractor certificate of competency prior to August 16~ 1994~ provided that the certificates of competency are
Inaintained in good standing pursuant to all other provisions of this title~ and rules and regulations promulgated hereunder.
Those persons holding such license on the effective date of this subsection shall be entitled to renew such license but at
such time that the license is allowed to expire~ it shall not be reinstated through the reinstatement provisions of the licensure
chapter.
"Firm" includes a sole proprietorship~ partnership~ corporation~ association or any other type of business organization.
'~General contractors" are those whose services are unlimited about the type of work they may do as follows. Any person
who~ for compensation~ undertakes to or sublnits a bid to or does himself or herself or by others~ construct~ repair~ alter~ re-
modet add to~ subtract from~ improve any building or structure~ including related improvements to real estate for others~ or
for resale to others. If the services affect the structural melnbers of the building~ drawings sealed by an engineer or architect
are required. However~ a contractor shall subcontract the electrical~ plumbing~ mechanical~ roofing~ sheet metal~ and air
conditioning work, unless he or she holds a certificate of cOlnpetency for the respective trade. However, he or she shall not
be required to subcontract for shingle roofing.
"Journeyman" means any person who possesses the required skills, knowledge and experience, as evidenced by three
years' proven experience in the trade or craft, or educational equivalent thereto, or a combination thereof~ but not more than
one-half of such experience may be by education equivalent, and who has passed an examination in his or her particular
trade or craft and possesses a valid certificate of competency as a journeyman in such trade or craft. All work shall be done
under the direct supervision of a master or journeyman on all job sites.
~'Maintenance personnel" includes all maintenance personnel who are regularly employed to maintain and make minor
repairs to systems., apparatus and equipment~ such as plulnbing., electrical., refrigeration~ air conditioning~ broilec heating
and ventilating~ which is installed., contained in and used upon premises or in buildings owned~ occupied or controlled by
the person or firm by whom such personnel is employed.
Such maintenance personnel must hold a current certificate of competency for Inaintenance work or as master or jour-
neyman in the trade or trades in which they are to engage. A master or ajourneyman will automatically qualify without fur-
ther examination as maintenance personnel in their particular trade. The word "maintenance"" as used in this subsection is
not intended to include operators of appliances or equiplnent.
~'Master" Ineans any person who possesses the necessary qualifications~ training and technical knowledge to do., plan., lay
out and supervise the work connected in his or her particular trade. He or she must be a qualified contractor or work for a
qualified contractor., and hold a current certificate of competency indicating his or her qualification~ in order to work in his
or her trade.
~'Master sign contractors" are those who may erect., fabricate., repair or maintain for themselves or others any sign as de-
fined in the county zoning ordinance. They may construct meter centers or services for individual or a series of signs., and
install transformers and any device for and pertaining to illumination of signs. They may not connect a circuit to a panel.,
except for a sign.
~'Mechanical contractors" are those whose services are unlimited in the execution of contracts requiring the experience.,
knowledge and skill to perform the following: install., Inaintain., repair~ fabricate, alter., extend or design~ when not prohib-
ited by law ~ central air conditioning, refrigeration., heating and ventilation systems., including duct work in connection with a
complete system only to the extent such duct work is perfonned by the contractor as is necessary to make complete an air
distribution system., boiler and unfired pressure vessel systems., lift station equipment and piping., and all appurtenances~
apparatus or equipment used in connection therewith; and to install., maintain~ repair~ fabricate~ alter~ extend or design., when
not prohibited by law, piping, insulation ofpipes~ vessels and ducts., pressure and process piping~ pneumatic control piping~
gasoline tanks and pUlnp installation and piping for same~ fire sprinkling systems and stand pipes., air piping~ vacuum line
piping., oxygen lines, nitrous oxide piping, ink and chelnicallines~ fuel transmission lines and installation of a condensate
drain from an air conditioning to an existing safe waste or other approved disposal other than a direct connection to a sani-
181
6.16.020
tary systeln~ all in such a manner as to cOlnply with all plans~ specifications~ codes~ laws and regulations applicable thereto.
l'hc scope of his or her work shall also include an excavation incidental thereto~ but shall not include any work such as liq-
uefied petroleuln or natural gas fuel lines within buildings~ potable water lines~ or connections thereto~ sanitary sewer lines.
swilnming pools piping and filters, and electrical power wiring.
"~Plumbing contractor~' is a contractor who installs~ Inaintains~ repairs~ alters, extends or designs~ when not prohibited by
law~ plumbing. A plulnbing contractor may install~ maintain~ repair~ alter extend or design~ when not prohibited by law~ the
following without obtaining any additional local regulatory license. certificate or registration: sanitary drainage or storm
drainage facilities~ venting systems~ public or private water supply systems~ septic tanks~ drainage and supply wells~ swiln-
Ining pool piping~ irrigation systems~ or solar water heating systems and all appurtenances~ apparatus or equiplnent used in
connection therewith, including boilers and pressure process piping and including the installation ofwater~ natural gas (ex-
cluding liquid petroleuln gases). and stonn and sanitary sewer lines~ and water and sewer plants and substations. The scope
of work of the plulnbing contractor also includes, when not prohibited by law~ the design. installation, Inaintenance, repair,
alteration or extension of air piping~ vacuum line piping~ oxygen line piping~ nitrous oxide piping and all related Inedical gas
systems~ fire line standpipes and fire sprinklers to the extent authorized by law~ ink and chemicallines~ fuel oil and gasoline
piping and tank and pump installation~ except bulk storage plants~ and pneulnatic control piping systems~ all in such a man-
ner as to comply with all plans~ specifications~ codes~ laws and regulations applicable. The scope of work of the plulnbing
contractor shall apply to private property and public property, includes any excavation work incidental thereto~ and includes
the work of the specialty plumbing contractor~ including well drilling, swimming pool maintenance~ lawn sprinkler systems.
Such contractor shall subcontract~ with a qualified contractor in the field concerned, all other work incidental to the work,
but which is specified herein as being the work of a trade other than that of plulnbing contractor.
~~Pool contractors'~ are those whose scope of work involves the construction and repair of any pools, public or private.
used for therapy~ swimming or other use. This work includes~ but not be limited to~ layout, excavation operation ofpulnps
for dewatering purpose~ steel work, installation of light niches~ pouring offloors~ guniting~ installing of tile and coping~ in-
stallation of perilneter and filter piping~ installation of all filter equipment~ and chemical feeder of any type~ plastering of the
interior~ pouring of decks~ construction of equiplnent rooms or housing for pool equipment~ and the installation of package
pool heaters. However~ the scope of work of such contractor shall not include direct connection to a sanitary sewer systeln,
or to potable water lines. .
"~Residential contractors'~ are those whose services are lilnited to construction~ remodeling~ repair~ ilnprovement of one-,
two- or three-family unit residences not exceeding two stories in height and accessory use structures in connection
therewith. If the services affect the structural members of the building, drawings sealed by an engineer or architect are re-
quired. However. they must comply with the same regulations in regards to subcontractors as a general contractor.
"~Rooting contractor~' is a contractor whose services are unlimited in the roofing trade and who installs~ maintains~ re-
pairs~ alters~ extends or designs, when not prohibited by law ~ and uses Inaterials and items used in the installation~ Inainte-
nance~ extension and alteration of all kinds of roofing and waterproofing~ all in such manner as to comply with all plans,
specifications~ codes~ laws and regulations applicable thereto.
....Septic tank contractor" is a contractor who has experience and skill gained by not less than one year as a general super-
intendent for a plumbing or septic tank contractor or education equivalent thereto~ or combination thereo( and qualified and
certified to install~ clean, repair, alter~ extend and excavate for septic tanks~ drainfields, interceptor tanks~ dry wells, gas and
oil interceptors~ soakage pits and catch basins, and shall not include any other plumbing work or connecting pipes or pumps
except the nonferrous pipes between the catch basin and soakage pit.
All of the forgoing and following contractor categories shall be tested categories unless otherwise exelnpted by this title.
"~Specialty contractors" are those whose work consists of the perfonnance of construction work and skills that are usually
a minor but important part of the complete structure~ or whose trades are unrelated to the integrity of the building structure.
The following is a list of specialty skills with the scope of work that Inay be perfonned under the certificate for each spe-
cialty~ a certificate of cOlnpetency shall be required for each specialty contractor:
I. ~.. Acoustical ceiling specialty contractor" is qualified to fabricate~ install, maintain, alter or extend any acoustical
ceiling material.
2. '~Aluminum, vinyl and plastic specialty contractor" is qualified to fabricate~ install, Inaintain~ alter or extend alulni-
nUln~ vinyl and plastic products such as metal~ vinyl, or plastic sidings~ awnings, window frames, railings, screen and screen
enclosures, and canopies, including canopy frames for canopies fabricated from materials other than aluminum~ vinyl or
plastic.
182
6.16.020
3. .~Asphalt seal and coating specialty contractor" is qualified to coat an existing asphaltic paving material with a
sealer~ which may be applied by squeegee~ brooln or Inechanical applicator~ and to repair deteriorated asphalt pavement
through infrared technology or up to a maximum of one hundred (100) square feet of patch work on a site~ by cold patch
technology~ with no increase in the foot print of the paved area.
4. .~Burglar alafln specialty electrical contractor" is qualified to install~ repair~ alter~ add to or change any system elec-
trically energized in whole or in part~ for the detection~ prevention or contro I of burglary. The scope of these systelns in-
cludes conductors and raceways~ radio frequency carriers~ laser beams~ light beams~ sonic beams~ any other Ineans of signal
transmissions~ as well as all apparatus pertaining to burglar alarm systems. A burglar alarm specialty electrical contractor
may connect to an existing separate circuit of approved capacity~ which is terminated in an approved outlet~junction box~ or
fused disconnect switch within six feet of the equipment to be energized.
5. .~Cabinet and millwork specialty contractor~~ is qualified to fabricate and install cabinets of all kinds~ prefabricated
or on-site fabricated of a non-structural nature; to apply paneling to the interior of the structure~ which paneling shall be of
wood or synthetic products or a cOlnbination ofboth~ and to set door jambs~ hang doors~ and apply trim molding to the inte-
rior of a structure.
6. .~Demolition specialty contractor~~ is qualified to demolish buildings. No person not previously certified as a demo-
lition specialty contractor as of May 1 ~ 1997 ~ shall be so certified after May I ~ 1997. However~ the board shall continue to
license and regulate those demolition specialty contractors who held certificates of competency prior to May I ~ 1997.
7. '.Drilling auger specialty contractor" is qualified to drill auger holes for persons who have obtained permits.
8. ~'Drywall specialty contractor'" is qualified to fabricate., install~ maintain~ alter or extend any gypsum drywall prod-
ucts to wood or metal studs., wood or steel joints and metal runners in the buildings. The scope of the work includes the
preparation of the surface over which the drywall product is to be applied~ including the placing of metal studs and runners
and all necessary triln.
9. "Fence erector specialty contractor"~ is qualified to erect fences ofwood~ chain link or prefabricated Inaterials. He or
she may auger and pour concrete for post anchorages.
I O. .~Flooring specialty contractor" is qualified to install all types of flooring except cementitious products~ marble or
terrazzo.
II . .~Garage door opener/installation specialty contractor" is qualified to install automatic garage door openers in resi-
dential and commercial buildings.
12. .~Gasoline tank and pump specialty contractor" is a specialty mechanical contractor qualified and certified to install~
maintain~ repair~ alter or extend any system used for storing and dispensing of gasoline., kerosene~ diesel oils and similar
liquid hydrocarbon fuels or mixtures to be used solely in connection with gasoline filling stations dispensing fuel to mobile
vehicles or marine equipment; provided~ however~ that bulk plants shall not be a part of the scope of such work.
13. .~G lazing specialty contractor" is qualified to install glass of all kinds~ and Inetal and wood window frames.
14. .~Gunite and sandblasting specialty contractor" is qualified to gunite~ sandblast~ place reinforcing steel for gunite
work, place backing for gunite work, and do forming.
15. .~Heating., ventilation and air conditioning duct installation specialty contractor" is a specialty mechanical contractor
who is qualified and certified to fabricate~ adjust and install fiberboard or flex duct designed by others and to install sheet
metal duct fabricated by others. This specialty contractor shall work under the supervision of a mechanical contractor or
other licensed air conditioning contractor.
16. .'House moving specialty contractor" is qualified to move buildings. He or she is allowed to block up a building
prior to moving, but foundations at the new site must be placed or installed by others.
17. .~House setter specialty contractor" is qualified to lift, place, secure, and assemble a modular structure on a founda-
tion at a site for which a building permit has been secured by a qualified individual. A house setter is not permitted to per-
form any structural, electrical, plulnbing or mechanical work.
18. .~Insulating specialty contractor" is qualified to place approved insulation in any type structure.
19. ~'Landscaping curb contractor" is qualified to fonn, mold, and lay non structural decorative curbing to be used for
landscaping purposes only.
20. .~ Landscaping specialty contractor'" is qualified to perform all services that may be perfonned by someone holding a
mowing and yard service occupational license, as well as to install, alter, maintain and trim trees., grass., shrubbery and
plants, as well as clearing, grubbing and pruning of trees, and the spreading of pea rock less than one inch in dialneter and
top soil~ but not including the alteration of the grade by the placement of the hill.
183
6. 16.020
21. ~~Lawn sprinkler specialty contractor~~ is qualified to install~ Inaintain~ repair~ alter~ extend or design lawn sprinkling
systelns and appliances and devices used in connection with such systelns~ except that such systelns shall not include the
drilling of wells or the connection of such systelns to potable water.
22. ~~Masonry specialty contractor~~ is qualified to place and finish concrete~ and to fabricate or install block and bricks
in a building. He or she cannot build or place fonns or place steel in anything other than non-structural concrete cOlnpo-
nents~ except that he or she can place forms for the purpose of repairing spalling concrete only.
23. ~~Mobilehome maintenance and repair specialty contractor'~ is qualified to install~ alter or maintain a mobileholne~
confined to painting~ siding~ replacement of windows, doors~ tie-downs~ roof waterproofing and flooring~ excluding electri-
cal~ plulnbing and air conditioning work.
24. ~~Mobileholne set-up and tie-down specialty contractor~~ is qualified to place a Inobilehome on a lot with required
blocking and tie-down straps~ excluding electrical~ plulnbing and air conditioning work.
25. ~~Painting and decorating specialty contractor" is qualified to paint buildings, interior and exterior~ and signs~ with
brushes~ rollers or spray. This provision does not require a certificate of cOlnpetency for only the painting of signs at the
painter's shop. He or she can apply with brush~ roller or spray~ textured finishes to interior ceilings.
26. ~~Plastering specialty contractor~~ is qualified to plaster interior or exterior of any structure~ and in addition~ Inay
fin ish concrete.
27. ~~Satellite~ television antenna~ telephone and other cOlnmunications equiplnent installation specialty contractor~~ is
qualified to fabricate~ install~ maintain~ alter or extend any satellite or television antenna installations~ or any telephone or
other cOlnmunications equipment installation~ excluding any electrical connections other than plug-in.
28. ~~Septic tank cleaning specialty contractor" is qualified to pump and clean septic tanks or grease interceptors.
29. ~~Sign electrician (electrical wiring only) specialty contractor~~ is qual ified to do all neon installation on pre installed
signs~ structures and appurtenances~ to Inanufacture neon lights and mount neon lights on signs erected and placed by oth-
ers~ to do all other electrical wiring for electrical signs~ and to install transformers and any other device pertaining to illulni-
nation of signs. They shall not connect a circuit to a panel except for a sign.
30. ~~Sign erection specialty contractor" is qualified to erect signs of all classes and do repairs of such signs~ however~ if
electrical signs are installed or repaired~ a master electrician~ a sign electrician specialty contractor~ or master sign contractor
shall be required.
3 I. ~~Solar products specialty contractor~~ is qualified to install solar products~ excluding any connection to potable wa-
ter and electrical connections other than electrical plug-in.
32. ~~Solar window tinting specialty contractor~~ is qualified to install solar window tinting products.
33. ~~Steel reinforcing and iron specialty contractor" is qualified to place and tie reinforcing steel in forms built by oth-
ers and forms built by the contractor to repair spalling concrete only.
34. ~~Structural steel erection specialty contractor~~ is qualified to erect and fasten structural steel in place~ by riveting~
bolting or welding~ including metal towers and rigging.
35. ~~Swilnlning pool servicing specialty contractor'~ is qualified to service~ repair, and Inaintain any swimming pool,
whether public or private~ and treat swilnming pool water. The scope of such work may include any necessary piping and
repairs~ replacelnent and repair of existing equipment or installation of new additional equipment as necessary. The scope
of such work includes the reinstallation of tile and coping~ repair and replacement of all piping~ filter equiplnent and chelni-
cal feeders of any type~ replastering~ repouring of decks, and reinstallation or addition of pool heaters.
36. ~~Tile~ marble and terrazzo specialty contractor" is qualified to install~ repair and lnaintain pavers~ tile~ marble and
terrazzo.
37. ~~w aterproofing and roof painting specialty contractor" is qualified to apply waterproof sealants and to paint roofs.
38. ~~Welding specialty contractor" is qualified to fabricate and install asselnbled accessories and sections of structural
and ornamental metals.
39. ~~Fire alarm contractor" is qualified to install~ repair~ alter~ add to or change any system~ electrically energized in
whole or in part~ for the detection and prevention offire~ noxious gases~ liquids or atolnic radiation. The scope of these sys-
telns includes conductors and raceways~ radio frequency carriers~ laser beams~ light bealns~ sonic beams~ and any other
Ineans of signal translnissions as well as all apparatus pertaining to fire alarm systems. A fire alarm specialty contractor may
connect to an existing separate circuit of approved capacity ~ which is terminated in an approved outlet., junction box~ or fuse
disconnect switch within six feet of the equipment to be energized. Such contractors lnust have a fire alannjoumeyman or
master or licensed fire alarm specialty contractor supervising the installation, repair and alteration of any system at all tilnes.
184
6. ] 6.030
A fire alarm specialty contractor may not install~ repair~ or alter any fire suppression or extinguishing system even if such
system is interconnected with a fire alarm system.
40. loloLow voltage contractor" is qualified to install~ maintain~ repair~ alter or extend any low voltage electrical construc-
tion less than fifty (50) volts or equivalent root Inean squared.
41. loloThatched structure specialty contractor" is qualified to install~ by placing or erecting support poles and bealns~
chickees and tiki huts and placing thatched roofing thereon.
The contractor~ s examining board shalllnake interpretations~ as needed~ of scope of services pennissible under this sub-
section by any contractor or specialty contractor.
COlnlnencing February 18~ 2004~ no person not previously certified as a specialty contractor in the following specialty
list as of February 18~ 2004~ shall be certified in the following specialty list after February 18~ 2004. However~ the contrac-
tors exalnining board shall continue to certify and regulate those contractors who continue to maintain their certificates of
competency in good standing pursuant to this title and rules promulgated hereunder the following specialty trades:
a. Gasoline tank and pUlnp;
b. Gunite and sandblasting;
c. House Inoving;
d. Solar products;
e. Swimming pool servicing;
f. Thatched structure;
g. Welding.
loloSupervision~~ means control over and direction of the construction work. It requires the supervisor to give direction and
inspect the work being performed by others and to be on the site during construction activity as is necessary for such direc-
tion and inspections~ to ensure that work complies with plans~ specifications~ regulations and the building codes.
loloTrade" includes~ but shall not be limited to~ plumbing~ electrical work~ plastering~ construction~ repair or removal of
buildings~ and any other similar occupation connected with the construction industry. (Ord. 022-2004 ~~ 37-40~ 42; Ord.
035-2003 ~ 1; Ord. 022-2003 ~ 1; prior code ~ 6-56 (part))
6.16.030 Specialty trades-Testing required when.
A. Testing~ except for administrative exam~ shall not be required for licensing in the specialty trades enumerated pro-
vided the applicant has had at least two years' experience in the field~ demonstrated to the satisfaction of the licensing
board~ for the following specialty trades:
Acoustical ceiling;
Alum inum specialties;
Cabinet and Inillwork;
Drilling auger;
Fence erection;
Flooring;
Garage door opener/installation;
Heating, ventilation and A/e duct installation;
House setter;
Insulation;
Landscaping;
Masonry;
Mobilehome maintenance and repair;
Mobilehome set-up and tie-down;
Painting and decorating;
Plastering;
Satellite~ television antenna~ telephone and other communications equiplnent installation;
Septic tank cleaning;
Solar window tinting;
Steel reinforcing and iron;
Tile~ marble and terrazzo.
185
6.16.040
B. The following list of specialty trades shall always require testing for purposes of licensure:
Asphalt seal ing and coating~
Burglar alanns~
Demolition~
Drywall ~
Fire alarm~
Glazing~
Lawn sprinkler~
LoV\ voltage~
Sign electrician~
Sign erection~
Waterproofing and roof painting. (Ord. 022-2004 ~ 41: prior code 6-56 (part))
6.16.040 Certificate of competency-Required.
A. Any person, finn or corporation not possessing a current certificate of cOlnpetency and advertising in any newspa-
per, air-wave transmission, phone director or other advertising media or who issues any card., advertising or device indicat-
ing to the public that he or she is a contractoL or is qualified to engage in the business as a contractor., or who holds himself
or herself out as a contractor as plaintiff or <'lefendant in any court of this state., shall be subject to the provisions and penal-
ties of this title~ and a certified copy of such court record or a copy of such newspaper., telephone directory., or other adver-
tising making such assertion shall be pritna facie evidence in court., or in any other proceeding authorized by this title., that
the person purports to have the capacity to act as a contractor.
B. Contractors conducting their contracting business within Monroe County shall identify all vehicles used in the fur-
therance of their business by use in the transporting of materials., equiplnent or employees to ajob site, excepting a vehicle
owned by an employee which vehicle is only used for private transportation or in carrying employees' personal tools and
personal equiplnent necessary to fulfill their job tasks., by placing on the sides thereof identification of the contractor by
nalTIe and their certificate nUlnber, in a size no less than three inches., excepting those vehicles rented or leased by a contrac-
tor from a cOITIlnercial vehicle rental agency for a period of less than one month and such vehicles are plainly marked with
the name of the lessor in a size which is easily readable.
C. Anyone who advertises in any newspaper., airwave transmission., telephone directory., handbill or other advertising
medium., other than promotional novelties described in subsection 0 of this section and telephone directory listings contain-
ing only the business nalne, address and telephone number in the same print style as unpaid listings., for contracting to do
any work covered by the provisions of this title includes in all such advertising the pennanent certificate of competency
number froln the certificate of cOlnpetency required as a prerequisite under the provisions of this title. Failure to include this
permanent certificate of cOlnpetency nUlnber in all such advertising as evidenced by a copy or transcript of the subject ad-
vertisement shall constitute a violation of this title., subject to the penalties provided herein and under Section 1.16.010 of
this code.
D. The requirement to include the pennanent certificate of competency nUlnber in all advertising for contracting work
subject to this title shall not apply to prolnotional novelties. Prolnotional novelties., for purposes of this subsection, are bal-
loons, pens., pencils, hats., shirts., and any other items which may be so designated by the building official of Monroe
County.
E. Prior to certification., registration, and renewal of certificates of competency pursuant to this chapter., every contrac-
tor shall sign a certificate of knowledge of this section and agreement to abide by the requirements of this section.
F. Anyone who publishes or produces any advertiselnent for which this section requires inclusion of a permanent cer-
tificate of cOlnpetency number shall not publish or produce any advertisement which omits such permanent certificate of
cOlnpetency number. Anyone who violates this subsection shall be guilty of a violation of the ordinances of Monroe County
and be subject to the penalties which may be imposed pursuant to the code enforcement ordinances of Monroe County.
(Prior code ~ 6-57)
186
6. ] 6.050
6.16.050 Certificate of competency-Prerequisite to issuance of occupational license.
Whenever a county occupational license is required of any contractor, or subcontractor, no such occupational license
shall be issued unless the applicant shall first procure froln the contractors examining board or the building departlnent, as
appropriate, a current certificate of cOlnpetency and shall present a copy to the license division. (Prior code * 6-58)
6.16.060 Certificate of competency-Application-Examination-Issuance of contractor's certificate.
A. A contractor's certificate of competency shall be obtained in the following Inanner:
I. Any person required or desiring to be qualified shall make application on a form approved by the contractor"s ex-
amining board and forwarded to the secretary for review of cOlnpleteness and accuracy. The secretary will ascertain that all
indicated experience in the various trades is fully doculnented. Completed applications will be reviewed by a quorum of the
board at a meeting prior to a scheduled exalnination. The building official shall notify the applicant of the date and time of
the examination.
2. Should the applicant be a firm, the application shall be executed by the president., or one legally qualified to act for
the firm shall show his or her authority to so act on the application., and shall name an authorized agent on behalf of the finn
showing his or her authority:
a. To act for the firm in all matters in any Inanner connected with the contracting business~
b. To supervise the construction under the occupational license issued to the firm~ and
c. To take the qualifying examination for the firm, unless holding a current certificate of competency of the class and
type necessary.
The firm shall be qualified only through the qualifications of such agent taking the examination, or through an agent cur-
rently qualified., and if the agent (qualifier) shall sever his or her affiliation with such firm., the certificate of cOlnpetency
held by such tinn shall be automatically canceled. An agent (qualifier) shall be registered to the work of the fmn he or she is
currently qualifying.
3. No application shall be considered unless the applicant gives all information required on the form., which shall in-
c lude:
a. A statement of applicant's proposed contracting business~
b. The type of certificate being applied for~
c. Nalne., residence., business address of applicant~
d. Ifapplicant is a finn., the name and business address of the firm and the nalne., residence of all directors and officers
of the finn and their interest therein and the name., residence of the applicant's qualified representative and infonnation con-
tained above~ if applicant is a corporation., a certificate of incorporation.
4. The examination will be provided by such examining agency as is designated by the contractors exalnining board.
The designation as examining agency shall continue unless and until a request for qualifications process results in a deter-
mination that a new examining agency should be designated or there is a new sole source provider. The examination will be
ordered by category by the secretary as approved by the board. It will be administered and proctored as designated by the
board. Administrative support will be provided by the building department as required.
5. Examinations shall be provided by an independent agency which is designated by the contractors exalnining board
as the examining agency for Monroe County.
6. A minimum grade of seventy (70) percent is considered passing.
7. The in itial certificate of cOlnpetency will be issued by the contractor" s examining board. Renewals will be issued by
the building official. As a prerequisite to the initial issuance or the renewal of a certificate of competency., the applicant shall
submit a certificate of insurance attesting to the fact that the applicant has obtained worker"s compensation insurance as
required by Chapter 440., Public Liability Insurance., and Property Damage Insurance for the safety and welfare of the pub-
lic., in the amount set forth in Section 6.] 6.1 OO(C).
B. Testing., except for administrative exalns., shall not be required for licensing in the specialty trades enumerated pro-
vided the applicant has had at least two years' experience in the field., demonstrated to the satisfaction of the licensing
board., for the., following specialty trades:
I. Acoustical ceiling~
2. Alulninum specialties~
3. Cabinet and millwork~
4. Drilling auger~
187
6.16.070
Fence erection:
6. Fire alarm~
7. Flooring~
8. Garage door opener/installation~
9. G lazing~
10. Gunite and sandblasting~
1 I. l--Ieating~ ventilation and A/C duct installation~
12 . House setter:
13. Insulation~
) 4. Landscaping:
) 5. Low voltage~
16. Masonry~
17 Mobilehome Inaintenance and repair~
) X Mobileholne set-up and tie-down~
) 9 Painting and decorating~
20. Plastering:
21. Satellite~ television antenna~ telephone and other comlnunications equiplnent installation~
22. Septic tank cleaning~
23. Sign electrician~
24. Solar products~
25. Solar window tinting~
26. Steel reinforcing and iron~
27. Tile, marble and terrazzo~
28 . Waterproofing and roof painting.
The following list of specialty trades shall always require testing for purposes of licensure:
) . Burglar alanns~
2. Delnolition~
3. Drywall;
4. Gasoline tank and pump~
5. House moving:
6. Lawn sprinkler~
7. Structural steel erection~
8. Sign erection~
9. Swimming pool servicing~
) o. Welding.
Persons seeking a certificate of competency in any of the spec ialty trades other than burglar alanns~ demolition~ drywall~
gasoline tank and pUlnp~ house moving~ lawn sprinkler. structural steel erection~ sign erection~ swimming pool servicing~
and welding may substitute for the two years' experience in the field~ a Ininimuln grade of seventy (70) percent on the re-
spective technical examination provided by an independent exalnination agency which is designated by the contractors ex-
amining board.
C. All applicants for certificates of competency shall be tested for administrative and general business knowledge
through an exalnination provided by Block and Associates~ or such alternate examiner as designated by the contractors ex-
amining board. A miniInum grade of seventy (70) percent is considered passing. (Ord. 024-2003 ~S 1-3~ prior code
~ 6-59)
6.16.070 Certificate of competency-Application-Examination-Issuance of master's, journeyman's,
maintenance personnel's and apprentice's certificate.
A certificate of competency for masters~ journeYlnen~ Inaintenance personnel and apprentices shall be obtained in the
following manner:
188
6.16.080
A. Any person required or desiring to be qualified as a master~journeyman, maintenance personnel or apprentice shaH
Inake an application on a form prescribed by the building departlnent at the office of the building official. The application
shall be retained by the department together with all supporting papers.
B. The building official of the building department shall notify the applicant of the next examination.
C. Telnporary Certificates.
I. Any person who has in his or her possession a current license or certificate as a Inaster or journeyman issued by any
state~ county~ or municipality in the United States certifying that the holder has been exalnined and found cOlnpetent to per-
fonn the work of a master or journeyman and who does not hold a reciprocal certificate under other sections of this title
shall~ after making application for the next exalnination~ or for a reciprocal certificate~ be issued a temporary certificate b)'
the building official of the building department, authorizing such master or journeyman to work in the capacity of a jour-
neYlnan. Such certificate shall be issued only upon written request of the employing contractor. Failure to take or pass the
examination or to obtain a reciprocal certificate within thirty (30) days shall automatically terminate such certificate, and the
employing contractor shall return the certificate to the building official of the building departlnent. No further certificate
shall be issued to the applicant unless he or she shall take and pass an examination or obtain a reciprocal certificate.
2. Any person who applies to take a test for ajoumeYlnan license and who can prove that he or she has at least three
years' experience in the trade for which he or she is applying for a temporary journeYlnan license may obtain a telnporary
journeyman license which shall expire at the end of one year or after the adlninistration in the county of three consecutive
examinations for a permanent journeyman license, whichever is longer. Application for such a temporary journeyman li-
cense under this subdivision shall only be permissible through March 31, 1995. (Prior code S 6-60)
6.16.080 Certificate of competency-Reciprocity.
Every person who, under the terms of this chapter, is required to hold a certificate of competency~ and who has written
proof froln the city of Key W est~ Florida, building department, or other county or municipality in the state of Florida, stating
that the applicant has scored a minimum grade of seventy (70) percent on an independent examination agency which is des-
ignated by the contractors examining board may, upon payment ofa twenty-five dollar ($25.00) application fee, seek a re-
ciprocal certificate of competency to be qualified to conduct construction in Monroe County. Examination corresponding
and equivalent to any examination required for an existing category licensed under this title and proctored by the examina-
tion agency shall be entitled to a certificate of competency without exalnination~ but such certificate shall be subject to any
restrictions and limitations carried by the current county certificate and shall entitle the holder of such certificate to do busi-
ness only in the unincorporated areas of the county. The equivalency of the examinations shall be determined by the con-
tractors examining board. All prerequisites, other than testing, for a certificate of competency shall be met prior to issuance
of a reciprocal certificate. The terms of this section apply solely to reciprocity with such counties and municipalities provid-
ing reciprocity to contractors who hold a certificate of competency issued by Monroe County. The examinations must be
conducted for the licensure by the particular county or municipality with which Monroe County has a reciprocal agreement.
(Ord. 022-2004 S 43: Ord. 024-2003 S 4~ prior code S 6-62)
6.16.090 Certificate of competency-Fees.
The board shall recommend to the board of county commissioners reasonable fees to be paid for application, examina-
tion, certification and renewal and record making and recordkeeping. Effective October I, 1993~ the fees shall be estab-
lished as follows:
General contractor $200.00
Building contractor 150.00
Residential contractor 150.00
Engineering contractor I 200.00
Engineering contractor II 150.00
Engineering contractor III I 50.00
Mechanical, plumbing and electrical contractors 150.00
All other contractors, including specialty trades 1 50.00
Master (plulnbing, electrical and Inechanical) 1 00.00
Journeyman (plumbing, electrical and Inechanical) 70.00
189
6.16.100
Apprentice 30.00
Examination fees:
Business and law exaln 55.00
All hour technical exams 1 55.00
The renewal fees shall cover two years., and the certificate of cOlnpetency shall be issued for two years. The renewal fees
shall be due on October 1 st each odd-nulnbered year and shall be delinquent on November 1st of that saIne year. The pen-
alty for late renewal on or after Novelnber 1 st of each odd-nulnbered year., but prior to the expiration of twelve (12) months
thereafter., shall be forty dollars ($40.00). Upon expiration of one year Inore after October 31 st of the year when the renewal
fee is due, the contractor shall appear before the contractors examining board for asseSSlnent of the appropriate renewal fee
and need for reexalnination pursuant to Section 6.16.110.
Should an initial certificate of competency be issued subsequent to October of any odd-nulnbered year and prior to Octo-
ber 1 st of the next odd-numbered year., the fees listed above shall be prorated on the basis of quarterly., or six-Inonth, incre-
lnents of the two-year license period. Reduction offees for certifications issued for period of less than two years shall be as
follows:
Periods Reduction of Fee
October 2, odd year., to April 1, even year 00/0
April 2, even year., to October 1., even year 250/0
October 2., even year to April 1. odd year 500/0
April 2., odd year, to October 1., odd year 750/0
B. Honorary certificates shall be issued without charge to any person over sixty (60) years of age providing that the
person holds any of the above the licenses in the county. Thereafter., the person will not be permitted to engage in business
without first paying all renewal fees necessary to make the license current. (Ord. 022-2004 ~ 44: prior codes ~ 6-63)
6.16.100 Certificate of competency-Suspension or revocation-Effect on occupational license.
A. Pennissive. The certificate of cOlnpetency issued by the county to a contractor lTIay be suspended for a fixed tenn
or revoked by the contractors exalnining board"s detennination only by a majority vote of the entire board after hearing if
the contractor as an individual or the firm by its officers., directors., or qualified representatives has violated any of the provi-
sions of this chapter.
B. Mandatory. The building official shall administratively suspend., a contractor"s local certificate of cOlnpetency for a
period of six months upon receipt of sufficient evidence that the contractor has failed to obtain the required building pennits
prior to starting construction and that such violation is the third such violation by such contractor within the preceding two-
year period.
C. The building official shall adlninistratively suspend or revoke a contractor's certificate of cOlnpetency it~ after hear-
ing, it is found that the contractor fails to maintain at all times with an insurance company., authorized to do business in the
state" the limits of insurance required by any other applicable law or authority havingjurisdiction but not less than worker"s
compensation insurance or executed exelnption; public liability insurance for general and building contractors in the amount
of three hundred thousand dollars ($300,000.00), for electrical contractors in the alnount of one hundred thousand dollars
($100,000.00) per person and three hundred thousand dollars ($300.,000.00) aggregate, and for all other licensed contractors"
including specialty contractors in the amount of one hundred thousand dollars ($100,000.00); and property damage insur-
ance coverage in the amounts of fifty thousand dollars ($50.,000.00) for general and building contractors., five hundred thou-
sand dollars ($500,000.00) for electrical contractors., and twenty-five thousand dollars ($25.,000.00) for residential contrac-
tors and all other contractors" including specialty contractors~ and to tile certificates., signed by the qualified agent of the
insured., with the secretary of the contractors examining board showing the type of policy" the policy number, the nalne of
the insurer., the effective date of the policy., an agreelnent by the insurer to give thirty (30) days" written notice by registered
mail to the secretary of the examining board of the intent to cancel the policy for any reason. The building official may rein-
state such revoked certificate of competency at such time as the contractor again supplies full insurance coverage as re-
quired by this chapter.
190
6.16.] ]0
D. The contractor's examining board shall suspend or revoke a contractor's certificate of competency ifafter hearing,
it is found that the contractor:
1. Has been convicted of violating the provisions of Section ] 4.32. ] 00 of this code relating to the unlawful disposal of
garbage, rubbish, offal, trash or junk;
2. Has been convicted of a crime and is presently serving a term of imprisonment.
E. Effect on License. The suspension or revocation of a certificate of competency shall automatically suspend or re-
voke, as the case may be, any occupational license issued by the county. (Prior code ~ 6-64)
6.16.110 Certificate of competency-Reexamination may be required for renewal or reinstatement.
A. Where a certificate of competency has been revoked or has expired or lapsed for any reason, the board:
1. May require complete reexamination before a certificate of competency is renewed or reinstated~
2. Require a fee of five hundred dollars ($500.00) or a fee equal to five years of renewal fees in the certificate holder's
particular category, whichever is less;
3. After five years of a certificate of competency being lapsed, the applicant shall be reexamined.
B. Where a certificate of competency is no longer issued for a trade other than contractors who have continuously
maintained their certificate of competency in good standing, a contractor shall not be permitted to reinstate an expired, re-
voked, or lapsed certificate. (Ord. 022-2004 ~ 45: prior code ~ 6-65)
6.16.120 Prohibited actions.
It is unlawful for any contractor, as defined by this chapter, operating anywhere within the county, licensed individually
or as a firm contractor, officers, directors or qualified representative of a firm contractor, to commit anyone or more of the
following acts or omissions.
A. To contract or do any work outside the scope of operation, as set out in the definition of the particular type of con-
tractor for which he or she is qualified; or to perform or offer to purport to perform any architectural or engineering or sur-
veying services in violation of Florida Statutes;
B. Abandon a construction project in which the contractor is engaged or under contract as a contractor. A project may
be presumed abandoned after ninety (90) days if the contractor terminates the project without just cause or without proper
notification to the owner, including the reason for termination, or fails to perform work without just cause for ninety (90)
consecutive days;
C. Divert funds or property received for the execution or completion of a specific construction project or operation, or
for a specified purpose to any other use whatsoever;
o . To depart from or disregard in any material respect the plans or specifications of a construction job without the con-
sent of the owner or his or her duly authorized representative. Material diversion froln specifications or plans means such
construction which is not in conformity to the plans and specifications of a construction job and which would, if the cus-
tomer were the purchaser of a completed house, cOlnmercial building, or other structure, affect the customer's willingness to
purchase the structure and which would be a basis for reasonable parties to decrease the purchase price;
E. To disregard or violate, in the performance of his or her contracting business, any of the building, safety, health,
insurance or workmen's cOlnpensation laws of the state or resolutions of the board of county commissioners concerning
same;
F. Misrepresent any material fact in his or her application and supporting papers in obtaining a license under this
chapter~
G. Commit mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Fi-
nancial mismanagement or misconduct occurs when:
]. Valid liens have been recorded against the property of a contractor's customer for supplies or services ordered by
the contractor for the customer' s job~ the contractor has received funds from the customer to pay for the supplies or services~
and the contractor has not had the liens relnoved from the property, by paYlnent or by bond, within seventy-five (75) days
after the date of such liens,
2. The contractor has abandoned a customer'sjob and the percentage of completion is less than the percentage of the
total contract price paid to the contractor as of the time of abandonment, unless the contractor is entitled to retain such funds
under the terms of the contract or refunds the excess funds within thirty (30) days after the date the job is abandoned,
19 ]
6.16.130
3. The contractor's job has been cOlnpleted, and it is shown that the customer has had to pay more for the contracted
job than the original contract price, as adjusted for subsequent change orders, unless such increase in costs was the result of
circumstances beyond the control of the contractor, was the result of circumstances caused by the custolner, or was other-
wise permitted by the terms of the contract between the contractor and the custolner, or
4. The contractor's job has been abandoned, or cOlnpleted and the contractor has been paid in full, and it is shown that
a subcontractor on the job has not been paid in full~
H. 1. Perfonn any act which assists a person or entity in engaging in the prohibited uncertified and unregistered
practice of contracting, if the certificate holder or registrant knows or has reasonable grounds to know that the person or
entity was uncertified and unregistered,
2. To knowingly cOlnbine or conspire with an unceliified or unregistered person by allowing his or her certificate,
registration, or certificate of authority to be used by the uncertified or unregistered person with intent to evade the provi-
sions of this title. When a certificate holder or registrant allows his or her certificate or registration to be used by one or
more business organizations without having any active participation in the operations, managelnent, or control or such busi-
ness organizations, such act constitutes prima facie evidence of an intent to evade the provisions of this title~
I. To do any fraudulent act as a contractor by which another is substantially injured~
J. To disregard or violate the following:
1. Any Monroe County ordinance concerned with building and construction standards or contracting and which is
within the jurisdiction of the contractor's examining board,
2. Any state statute concerned with building and construction standards or contracting and any administrative rule
promulgated thereunder. (Prior code ~ 6-66)
6.16.130 Prohibited actions of journeyman and master.
A. It is unlawful for any certified journeyman and master, as defined by this title, to commit the following acts or
omIssIons:
1. Working outside the scope of his or her certificate~
2. Departure, in any material respect, from the plans or specifications approved by the building department without
the consent of the qualifying agent~ .
3. Misrepresentation of any Inaterial fact in the application or supporting documentation in order to obtain a certificate
required by this title~
4. To aid or abet any person not holding a certificate in the violation of any provisions of this title~
5. To allow his or her certificate to be used by another person~
6. To cOlnmit any fraudulent act, in his or her capacity as a certificate holder, which results in substantial injury or
loss to another.
B. A violation of this section may be prosecuted in the same manner as a second degree misdemeanor, prosecuted as a
code violation under F.S. Ch. 162~ prosecuted under Chapter 76-435, Laws ofFlorida~ or through any other lawfully avail-
able method, including civil injunctive relief. (Prior code ~ 6-66)
6.16.140 Restriction as to number of apprentices.
In any and all trades in which a Inaster or journeyman certificate of competency is required, such trades shall be limited
to not more than three apprentices per master or journeyman. (Prior code ~ 6-67)
6.16.150 Disciplinary proceedings.
A. The secretary of the exalnining board may, upon his or her own motion, or shall, upon a sworn complaint in writing
of any person, investigate or cause to be investigated by a special investigator appointed by the board, the charges against
any contractor qualified hereunder, and, upon finding probable cause to believe that an alleged violation did occur, issue
subpoenas to the contractor and any witnesses to appear before the exalnining board and answer charges. Ifa qualified con-
tractor fails to keep in force the insurance policy required in Section 6.16.100, the secretary of the board shall immediately
suspend the local certificate of competency and report the matter to the exalnining board for revocation action. All discipli-
nary actions under this chapter shall be initiated within four years of the occurrence of the event complained of or be forever
barred.
192
6.16.150
B. The secretary shall send~ by registered mail~ a subpoena to the qualified contractor at his or her last known address~
as shown by the board~s records~ setting out the nalne of the cOlnplainant~ the time of cOlnmission of the alleged offense~
and the section of this chapter alleged to be violated~ and notifying the qualified contractor to appear before the board to
answer the charges~ or waive his or her right to appear before the board~ at a tilne and place fixed~ not sooner than twenty
(20) days froln the Inailing of the registered letter and to show cause why his or her certificate of cOlnpetency should not be
suspended or revoked or why his or her pertnit pulling privileges should not be suspended or revoked.
C. The administrative hearing provided for above shall be open to the public.
I . The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the
transcript. For purposes of adlninistrative hearings only the building official shall present the case before the contractors
exalnining board~ and the building official shall designate an elnployee of his or her departtnent to act as secretary for the
board during the hearing and the subsequent retention of exhibits. The county attorney ~ or designee~ shall provide legal
counse I to the contractors examining board. All testilnony shall be under oath.
2. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant
evidence shall be admitted if the board finds it cOlnpetent and reliable~ regardless of the existence of any common law or
statutory rule which might make improper the admission of such evidence. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be
admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be
recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded.
3. Each party shall have these rights: to call and examine witnesses~ to introduce exhibits~ to cross-examine opposing
witnesses on any matter relevant to the issues even though that Inatter was not covered in the direct examination~ to ilnpeach
any witness~ regardless of which party first called him or her to testify~ and to rebut the evidence against him or her.
D. A decision shall be made by the exalnining board by a majority of the entire board within five days after the close
of the hearing and delivered to the contractor. The decision shall be one of the following:
1. Not guilty~
2. Suspension of certificate of cOlnpetency ~ stating time~
3. Revocation of certificate of competency ~ naming effective date~
4. A letter of reprimand stating the nature of the offense and any action required for correction. A c'opy of the letter
shall also be retained by the building departlnent in an active file pertaining to the party for a period of three years. When
three years have elapsed with no further disciplinary actions~ a letter of reprimand shall be removed from a contractor~s ac-
tive file and placed in an inactive file~
5. hnposition of an administrative fine up to but not to exceed five hundred dollars ($500.00) for a first violation or
one thousand dollars ($1000.00) for a repeat violation on each of the charges upon which a certificate holder has been found
in violation by the board. This penalty may be ilnposed separately or in addition to the penalties of suspension~ revocation
and repritnand authorized in subsection (0 )(2)~ (3) and (4) above. The payment of such fines shall be made to the Monroe
County building department within a time specified by the board~ but no less than seven days and no Inore than thirty (30)
days froln the date of imposition. Ifa certificate holder fails to pay the fine as assessed by the board~ the certificate or such
person or firm shall be administratively suspended until the fine has been paid~ and the certificate holder~ the Department of
Professional Regulation for the state of Florida and alllTIunicipalities within the county shall be so notified~ and a certified
copy of the order issuing the fine shall be filed in the public records of Monroe County ~ thereby creating a lien~
6. hnposition of an administrative fine for all costs incurred by the Monroe County building departlnent and the
county attorney's office in investigating and resolving the cOlnplaint or complaints which gave rise to the disciplinary pro-
ceedings~ which administrative fee shall be ten (10) percent of the administrative fine or one hundred dollars ($1 OO.OO)~
whichever is greater.
E. An appeal from the decision of the board may be made by the contractor involved, to the circuit court of the 16th
Judicial Circuit in and for Monroe County~ Florida, within thirty (30) days~ but not thereafter.
F. Imposition of penalties pursuant to this section shall be based upon consideration of guidelines duly adopted by the
contractor~s examining board, or upon guidelines established by the state Construction Industry Licensing Board. (Prior
code S 6-68)
193
6. 1 6. 160
6.16.160 Direct supervision required.
All air conditioning~ electrical~ Inechanical and plulnbing contracting work shall be done under the direct supervision ofa
Inaster journeyman mechanic~ for the respective trade~ on all job sites. "~Direct supervision~~ means being in direct charge of
the work., being continuously present on the site where the work is being done while such work is being done~ and being
assisted by no Inore than three helpers. (Prior code ~ 6-69)
6.16.170 Scope.
This chapter shall not apply to any Inunicipality located in the county. (Prior code S 6-70)
194
Chapters:
7.04
7.08
7.12
7.16
7.20
7.24
Title 7
ANIMALS
General Provisions and Definitions
Administration
Animal Control Regulations
Sea Turtle Protection
Impoundment and Quarantine
Enforcement
195
7 .04.0 1 0
Chapter 7.04
GENERAL PROVISIONS AND DEFINITIONS
Sections:
7.04.0 10
7.04.020
7.04.030
7.04.040
Short title-Authority and purpose of provisions.
Definitions.
Construction of provisions.
Areas of enforcement.
7.04.010 Short title-Authority and purpose of provisions.
This titl~~ shall be referred to as the ""Monroe County AniInal Control Ordinance'" and is enacted under the powers of the
board of county commissioners to regulate animals and anilnal owners and keepers in the interest of the health, safety and
welfare of the citizens of Monroe County. (Prior code ~ 3-1)
7.04.020 Definitions.
As used in this chapter:
-"Anilnal" means any living dumb creature.
--Anitnal at large" means any animal., other than a cat., which is not under the control, custody, charge or possession of the
owner or other responsible person in attendance, by leash, chain, a tether (no less than ten (10) feet), secure fence or other
means of confinement or restraint.
-"Animal control officer" means any person employed or appointed by the county who is authorized to investigate, on
public or private property, civil infractions relating to animal control or cruelty, and to issue citations as provided in F.S.
~ 828.27. An animal control officer is not authorized to bear arms or make arrests. -"Officer" additionally Ineans any law
enforcement officer defined in F.S. S 943.10, and any veterinarian defined in F.S. * 474.202.
-"Board" means the board of county commissioners of Monroe County.
""Charging instrument" means a writing or doculnent that recites the mode of committing an offense.
-"CoIDlnercial kennel or cattery" means a facility which offers the services of a kennel or cattery for a profit.
-"Dangerous animal" means any animal which has attacked without provocation a person or another animal, or which has
been trained to attack on command.
-"Department manager" means the animal control supervisor authorized by this title.
""Dolnesticated animal" means any species of animal accustomed to living in or about the habitation of Inan and is de-
pendent upon man for food and shelter.
-"Effective voice comlnand" means voice control within twenty (20) feet by a competent person which at all times pre-
vents the animal subject to the voice control froln running at large or otherwise violating the provisions of this title.
-"Fierce animar' means any animal not dangerous or vicious but which frequently shows aggressive tendencies.
-"Keeper" means any person or corporation possessing or having custody of an anilnal.
-"Kennel" or -"cattery'" means a facility other than a veterinarian hospital or facility which provides service to owners of
anilnals" including but not limited to the following: boarding, care and groolning, breeding, stud services, or sales of off-
spring or adult animals.
--Leash"lneans a cord" strap or other like apparatus that is attached to an animal in an effort to control the movement of
the animal by the holder thereof.
-"License certificate"" means a rabies vaccination and license certification issued pursuant to this title.
-"License tag'" Ineans a rabies vaccination and license tag issued pursuant to this title.
-"Licensed veterinarian"" means a veterinarian licensed to practice in the state of Florida.
""Neutered'" or ""spayed'" means rendered permanently incapable of reproduction by surgical alteration" implantation ofa
device or other physical means" or permanently incapable of reproduction because of physiological sterility, but only where
the neutered or spayed condition has been certified by a veterinarian licensed in any state.
-"Notice" Ineans a notice to appear, unless the context of the chapter requires a different definition.
""Nuisance" Ineans the following:
197
7.04.030
I . An anilnal that habitually barks., howls., cries., screalns or makes other bothersolne noises any titne of day or night~
or
2. Any anilnal that., by its conduct or behavioL including but not limited to habitual or repeated destruction., desecra-
tion or soiling of any public or private property., habitual chasing of persons, cars or other vehicles., or running at large.,
causes a disturbance to the peace or causes injury or threat of injury to persons or property.
"~Owner" means any person or corporation owning an anilnal or any person who feeds or shelters an animal or permits it
to remain on the person"s property for thirty (30) days or more.
"~Prelnises" means tract of land., including its dwelling units, buildings and other appurtenances.
"~Quarantine" Ineans strict confinement by leash, closed cage., paddock., or in any other Inanner and in a place as approved
by the county health officer of all animals specified in the order.
"~Sporting kennel or cattery" means a facility which offers no services for profit., which Inaintains anilnals solely for the
owner's sporting or hobby purposes., and which sells offspring and adult animals only on an occasional basis. ....Occasional
basis" means animal sales of a frequency of no greater than one litter per fertile felnale per year.
"~Tether" means a rope or chain fastened to an animal and a stationery object to keep the animal within a certain bound-
ary.
"~Vicious animar' Ineans any animal which has made two or more unprovoked attacks on persons or animals, or an ani-
mal which has inflicted serious bodily hann on a person.
~~Wild animals" means those species of animals that are not included in the definition of~~domesticated anitnal."" (Prior
code ~ 3-2)
7.04.030 Construction of provisions.
The provisions of this title shall be liberally construed in order/effect the purposes of this title. (Prior code ~ 3-22)
7.04.040 Areas of enforcement.
Pursuant to Article VIII Section 1 of the Constitution of the state of Florida, the board may enforce this title throughout
the unincorporated areas of Monroe County., and within the incorporated areas of the county to the extent the title does not
conflict with any municipal ordinance. (Prior code S 3-23)
198
7.08.0 I 0
Chapter 7.08
ADMINISTRA TION
Sections:
7.08.010
7.08.020
7.08.030
7.08.040
Construction-Maintenance of pound-Purposes-Fees for impounded animals.
Animal control department manager-Appointment-Duties.
Contract with humane organizations.
Rules and regulations.
7.08.0 I 0 Construction-Maintenance of pound-Purposes-Fees for impounded animals.
A. The board may purchase~ lease or construct~ and may operate and maintain county pounds or sub-pounds to retain
anilnals at large~ any fierce~ vicious or dangerous animals not properly secured or restrained by the owner or keeper, animals
that are nuisances~ animals having or believed to have rabies or other infectious or contagious diseases~ dogs not licensed
and inoculated as required by this title~ or any animal otherwise in violation of this title.
B. The board may charge reasonable fees for impounding anilnals under this title. The owners or keepers of im-
pounded animals shall pay the fees and execute a sworn statelnent of ownership or responsibility as a condition precedent to
release of an impounded animal. Fees collected shall be deposited in the general revenue fund of the county, and all ex-
penses of administering this title shall be paid from that fund. The board shall promulgate by resolution all charges to be
paid under this title.
C. Notwithstanding subsection B of this section~ a dog which is not inoculated against rabies or which is not licensed
shall not be released froln a county pound until provisions have been made to properly inoculate and license the animal.
(Prior code S 3-3)
7.08.020 Animal control department manager-Appointment-Duties.
A. The board or its administrator is authorized to appoint or designate a suitable person to serve as animal control su-
pervisor~ hereinafter called "the department manager~" to carry out the purposes of this title. The board shall pay the de-
partment manager such compensation as the board deems proper.
B. Th~~ department manager and his or her authorized animal control officers may catch~ seize or pick up:
I. Any stray animal;
2. Any anilnal at large;
3. Any fierce~ vicious or dangerous animal not properly restrained or secured by the owner or keeper;
4. Any anilnal carrying or believed to be carrying rabies or other infectious or contagious diseases;
5. Any animal that is a nuisance;
6 Any dog not licensed and inoculated as required by this title;
7. Any sick or injured animal for which the owner or keeper cannot be found after reasonable effort to do so~ or for
which the owner or keeper is unable or unwilling to provide proper care;
8. Any other animal authorized by this title to be impounded~ caught., seized or picked up.
The department manager or his or her officers or assistants shall impound or otherwise dispose of such animals as pro-
vided under this title.
C. The~ department manager or his or her authorized officers or assistants shall investigate complaints or actions alleg-
edly in violation of this title and shall issue citations demanding that the violations cease or be corrected. Those animal con-
trol officers authorized to issue citations pursuant to F.S. ~S 828.27(1 )(b) and 828.23( 1 )(t)., have authority under this title.
D. Pursuant to Jaw., the department manager and his or her authorized assistants may enter public or unfenced private
property within the county., except residential buildings., to carry out the duties imposed by this title.
E. The departlnent manager may declare an animal to be a "fierce animal.," -'dangerous animaP' or -'vicious animaP~ as
defined by Section 7 .04.020~ and may order the owner of such anilnal to secure~ restrain and confine it in a reasonable Inan-
ner specified by the department manager. (Prior code S 3-4)
199
7.08.030
7.08.030 Contract with humane organizations.
It is authorized that the board of county commissioners, by resolution, Inay contract with any private nongovernlnental
humane organization for the performance of operation of animal shelter facilities and of this title, according to the provi-
sions of Section 3.04.010. (Prior code ~ 3-19)
7.08.040 Rules and regulations.
The board may enact reasonable rules and regulations to implement and carry out the provisions of this title, including
but not lilnited to, the right to regulate or exempt certain animals from this title, and the right to regulate the nUlnbers and
types of animals and the conditions under which they Inay be maintained in residentially zoned areas. (Prior code ~ 3-20)
200
Sections:
7.12.010
7.12.020
7.12.030
7.12.040
7.12.050
7.12.060
7.12.070
7.12.080
7.12.090
7.12.010
Chapter 7.12
ANIMAL CONTROL REGULATIONS
Vaccination of dogs and cats.
Licensing of dogs.
Animals at large prohibited-Restraint of fierce, dangerous, vicious animals-Nuisances-
Confinement of female dogs and cats in heat-""Curbing" dogs.
Confinement of fierce, dangerous or vicious animals.
Number of dogs and cats restricted.
Keeping of fowl or wildlife.
Animals.
Luring, enticing, seizing, molesting or teasing an animal.
Exemptions.
7.12.010 Vaccination of dogs and cats.
A. Any resident person who owns or keeps a dog or cat four months old or older shall cause the dog or cat to be vacci-
nated effectively against rabies with a Unites States Government approved vaccine, by a licensed veterinarian. Evidence of
vaccination shall consist of a rabies vaccination certificate signed by the veterinarian administering the vaccination and a
county rabies vaccination tag attached to the anilnal' s collar.
The certificate shall contain:
I. A serialized certiticate~
2. The name, address, and phone number of the owner~
3. The date of vaccination~
4. The expiration date of the vaccination~
5. The species, age, sex, color, breed, weight, and name of the animal vaccinated~
6. The rabies vaccine manufacturer~
7. The vaccine lot numbec
8. The type and brand of vaccine used~
9. The route of administration of the vaccine~
10. The signature of the licensed veterinarian.
No other vaccination certificate or tag shall be valid in the county. A license certificate and license tag issued for one
anilnal is only valid for the animal licensed and is not transferable. Violation of provisions enacted pursuant to this section
shall be a civil infraction, punishable as provided in F .S. ~ 828.27(2).
B. Any nonresident who brings a dog six Inonths of age or older into Monroe County with intent to reside within the
county pennanently, or temporarily for a minimuln of six months, shall obtain a license certificate and a license tag from the
departlnent manager or a licensed veterinarian within thirty (30) days of arrival. The owner must prove ownership of the
animal.
C. Vaccination is excused only if the owner or keeper can prove that the dog or cat has been vaccinated against rabies
within the past six months by a veterinarian licensed to practice in any state, or if a licensed veterinarian certifies in writing
that a vaccination would be injurious to the animal's health. In the latter case, the animal shall be kept in an enclosed build-
ing or kennel until the veterinarian can safely vaccinate the anilnal. (Prior code ~ 3-5)
7.12.020 Licensing of dogs.
A. Any person who owns or keeps in Monroe County a dog six months of age or older shall cause the animal to be
licensed annually. A license shall consist of a rabies vaccination and license certificate and a rabies vaccination and license
tag for the animal's collar. License certificates and license tags may be issued only by the departInent manager and licensed
veterinarians and shall be valid for one year. No other license certificate or license tag shall be valid in Monroe County. A
license certificate and license tag issued for one aniInal is only valid for the animal licensed and is not transferable.
201
7.12.030
B. The departlnent tnanager shall design the license certificate and license tag and shall issue the license certificates
and license tags to licensed veterinarians. The department manager shall prolnulgate reasonable rules and regulations for
collection of license fees and shall account annually to the board for revenues received.
C. The board shall establish by resolution the fees to be charged for the license certificate and license tag.
D. Monroe County residents who own either a seeing-eye dog or a hearing dog, properly trained and actually being
used to assist a blind person or a deaf person respectively, may obtain from the department manager licenses at no charge
upon presentation of proof of such utilization.
E. By resolution, the board may provide regulations for kennels and catteries, including provisions for registration,
revocation of registration, discounted anitnallicense fees, exemption from license tag requirements, methods of confine-
Inent, inspections, and other necessary requirements.
F. The board may, by resolution, authorize veterinarians to retain a specified portion of the license fee for each license
issued as reimbursement for the cost of issuing the license.
G. In the event a license tag is lost or destroyed, a replacelnent shall be issued by the department Inanager or licensed
veterinarian upon presentation of the corresponding license certificate and payment of the appropriate fee.
H. It is unlawful for any person to remove the license tag of any licensed anitnal within Monroe County except:
I. When the animal is participating in any organized exhibition, field trial or competition or is in training for these
events, or is engaged in a legal sport under supervision of its owner or keeper, or is undergoing grooming~
2. When the dog is confined in a licensed kennel, grooming facility, veterinary hospital, or county pound facility, in
which case the license tag nutnber shall be recorded and readily identifiable with the animal to which it belongs~ if the ani-
mal is not licensed, the facility shall clearly indicate it on the facility' s records~
3. When a license veterinarian orders in writing that the license tag and collar be removed for reasons of the animal's
health, in which case the animal shall be confined within an enclosed building or kennel at all times until the veterinarian
permits the collar and tags again to be placed on the anilnat or
4. When the animal is being voluntarily confined within an enclosed building or kennel.
I. Persons newly residing in Monroe County shall comply with the licensing provisions of this section within thirty
(30) days of change of residence.
J. It is unlawful for any person to use or to possess a stolen, counterfeit or forged license certificate or license tag,
vaccination certificate, inoculation deterrent form or other doculnentation required by or issued pursuant to this title.
K. It is unlawful for the owner or keeper of a dog to refuse to show upon demand by the department manager or his or
her authorized assistants the license certificate or license tag or other dOCUlnents required by and issued pursuant to this title.
(Prior code ~ 3-6)
7.12.030 Animals at large prohibited-Restraint of fierce, dangerous, vicious animals-Nuisances-
Confinement of female dogs and cats in heat-""Curbing" dogs.
A. It is unlawful for any owner or keeper of an anitnal other than a domestic cat wilfully or negligently to allow the
animal to run at large on any public property or on any private property of another without permission of the property
owner. Any animal under the close supervision of its owner or keeper or otherwise engaged in an organized animal exhibi-
tion, field trial, competition, legal sport or training for these activities, shall not be deemed to be an animal at large. It is
unlawful for owners or keepers of a diseased animal, including a diseased cat, to allow the animal to run at large.
B. It is unlawful for the owner or keeper of an anitnal declared by the department manager to be fierce, vicious or dan-
gerous either wilfully or negligently to allow the animal to run at large or to fail to secure, restrain or confine the anitnal as
ordered by the department manager pursuant to this title.
C. It is unlawful for any animal owner or keeper to permit, either wilfully or negligently, the animal to be a nuisance.
D. It is unlawful for any owner or keeper to permit a female dog or cat in heat (estrus) to be upon the streets or in any
public place. The owner or keeper of a female dog or cat in heat shall confine the anitnal so as to make it inaccessible to any
male dog or cat except for controlled and intentional breeding purposes. Confinelnent solely by a leash, chain or other silni-
lar restraint, or within a fence, open kennel, open cage or run tnay be, but shall not be presulned to be, in cOlnpliance with
this section.
E. I . It is unlawful for a dog owner or keeper to allow an unleashed dog upon any school grounds.
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7.] 2.040
2. It is unlawful for a dog owner or keeper, either wilfully or negligently, to permit the dog, to defecate upon any pri-
vate property without the pennission of the owner. A dog owner or keeper is required to remove the dog's feces from any
school grounds or any private property upon which the dog is not permitted to defecate.
3. Except for animals that assist disabled persons, domestic animals are prohibited froln all county parks and beaches
not specified in subsection 0 of this section. No person may cause or allow any domestic animal (of whatever size) other
than an anilnal that assists a disabled person to be brought to, or remain on, any county park or beach, with the exceptions of
parks and beaches specified in subsection D of this section.
4. Pets are pennitted to be taken to Key Largo Park in Key Largo and SOlnbrero Beach Park in Marathon, subject to
pet-friendly park restrictions specified in Chapter 4.04.
5. Except for animals that assist disabled persons, and animals that playa work-related role, dOlnestic anilnals are
prohibited from all county facilities except for those parks and beaches where domestic animals are specifically allowed by
other sections of the Monroe County Code.
If this subsection is violated, the department is authorized to remove the animal or, in its discretion, to order the owner or
keeper to do so. The owner or keeper shall ilnmediately remove any excrelnent deposited by the animal. Failure to do so
immediately shall constitute an additional violation of this section.
F. It is unlawful for any owner or keeper of an animal to transport the animal in the rear of an open truck or other open
vehicle unless such animal is tethered in such a fashion that it cannot fall from the vehicle.
G. It is unlawful for any owner or keeper to enclose any animal in a vehicle without provision for adequate ventilation
for the anilnal.
H. It is unlawful for any owner to abandon his or her domesticated animal. (Prior code ~ 3-7)
7.12.040 Confinement of fierce, dangerous or vicious animals.
Upon cOlnplaint, the department manager shall investigate whether an animal is fierce, dangerous or vicious. If the de-
partment manager finds that such animal is a fierce, dangerous or vicious animal, he or she shall notify the owner or keeper
in writing, stating all the facts known to him or her, and shaH order the owner or keeper to confine the animal to a substan-
tial enclosure, or to chain it securely to the owner's property, or otherwise to control it in a reasonable manner specified by
the department manager. The owner or keeper shaH immediately comply with the department manager's written order~ fail-
ure to comply constitutes a violation of this title and subjects the owner or keeper to the penalties herein and subjects the
animal to seizure under Section 7.08.020. (Prior code S 3-9)
7.12.050 N urn ber of dogs and cats restricted.
No person may keep more than four domestic animals on any premises, unless such animals are six months or younger,
without operating a duly licensed kennel or pet shop. Any number of birds may be kept as long as they are adequately and
hUlnanely cared for and their noise does not reasonably intrude into the domain of other persons. (Prior code S 3-16)
7.12.060 Keeping of fowl or wildlife.
The county shall not accept nor be responsible for the keeping of any nondomesticated fowl or wildlife. (Prior code
~ 3-17)
7.12.070 Animals.
No livestock, such as cows, goats, sheep or pigs, barnyard animals such as chickens, ducks, or geese, shall be kept either
penned or loose in any zone where not otherwise permitted in Monroe County. Animals considered wild shall not be kept in
any residential zone in Monroe County. (Prior code S 3-2])
7.12.080 Luring, enticing, seizing, molesting or teasing an animal.
It is unla\vful for any person to entice or lure any animal out of an enclosure or off the property of its owner or keeper, or
to seize, Inolest or tease any animal while the animal is held or controlled by its owner or keeper or while the animal is on
the property of its owner or keeper. (Prior code S 3-] ])
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7.12.090
7.12.090 Exem ptions.
The vaccination and licensing provisions of this title shall not apply to greyhounds kept., maintained or brought into the
county for the purpose of racing at licensed greyhound tracks., or to dogs used as part of entertainment acts when properly
controlled., or when dogs relnain in the county for a period of less than thirty (30) days. (Prior code ~ 3-18)
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7.16.010
Chapter 7.16
SEA TURTLE PROTECTION
Sections:
7.16.010
7.16.020
7.16.030
7.16.040
7.16.050
7.16.060
7.16.070
Definitions.
Prohibition of activities disruptive to sea turtles.
Standards for exterior artificial lighting.
Standards for interior artificial lighting.
Standards for mechanical beach cleaning.
Protection from predation.
Violation-Penalty.
7.16.010 Definitions.
As used in this chapter:
HAdjacent waters" means waters abutting a nesting area and extending three hundred (300) feet to either side of it, and
out to either three hundred (300) yards offshore or the limits of the property line., whichever is further.
""Artificial light" or ""artificial lighting" means the light elnanating from any manmade or man-controlled device.
""Beach" means the zone of unconsolidated material that extends landward from the mean low-water line to the place
where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effec-
tive limit of storm waves.
""Beach berm'" means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward
of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms
such as corals, algae and molluscs. The benn may include forested, coastal ridges and may be colonized by hammock vege-
tation.
""Bug type bulb" Ineans any yellow colored incandescent light bulb., not to exceed twenty-five (25) watts., that is marketed
as being specifically treated in such a way so as to reduce the attraction of bugs to the light.
""Culnulatively illulninated" means illuminated by numerous artificial light sources that as a group illuminate any portion
of the beach.
""Daylight hours" means the locally effective time period between sunrise and sunset.
""Hatchling" means any species of marine turtle, within or outside of a nest., that has recently hatched from an egg.
""IndirectJly illuminated" means illuminated as a result of the glowing element(s), lamp(s), globe(s), or reflector(s) of an
artificial light source.. which source is not directly visible to an observer on the beach.
""Jurisdictional boundaries, sea turtle protection.," means the area on contiguous land within three hundred (300) feet of
an identified or potential nesting area.
""Mechanical beach cleaning" means any mechanical means by which debris, including but not restricted to trash., litter,
seaweed or seagrass wrack.. is removed from the beach.
""Nest" means the area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the
sediments of the beach.
""Nesting area" means both identified nesting areas and potential nesting areas.
""Nesting area., identified" means any area where sea turtles have been or are currently nesting, and the adjacent beach or
other intertidal areas used for access by the turtles.
""Nesting area, potential" means any area where sea turtle crawls have been observed.
""Nesting season" means the period from April 15th through October 31 st of each year.
""Pennitted agent of the state" means any qualified individual, group or organization possessing a permit from the De-
partment of Environmental Protection to conduct activities related to sea turtle protection and conservation.
""Sea turtle'" means any specimen belonging to the species Caretta caretta (loggerhead turtle)., Chelonia Inydas (green
turtle)., Derrrlochelys coriacea (leatherback turtle), Eretmochelys imbricata (hawksbill turtle) or any other marine turtle using
Monroe County beaches as a nesting habitat.
""Tinted glass'" means any glass which: (a) has been treated to achieve an industry-approved, inside-to-outside light trans-
mittance value of forty-five (45) percent or less (such transmittance is measured as the percentage of visible light that is
205
7.16.020
transmitted through the glass )~ (b) has a minilnum five year warranty for the level of light transmittance specified in subdi-
vision (a) above: and (c) has perfonnance claims which are supported by approved testing procedures and doculnentation.
(Prior code S 13-61)
7.16.020 Prohibition of activities disruptive to sea turtles.
A. Prohibition of Horseback Riding., Campfires., and Vehicular Traffic. Horseback riding and campfires shall be pro-
hibited on nesting areas during the nesting season. Vehicular traffic shall also be prohibited on nesting areas during the nest-
ing season except for emergency and law enforcelnent vehicles., vehicles permitted on the beach for marine turtle conserva-
tion or research., or vehicles used for beach cleaning in cOlnpliance with Section 7.16.050., Standards for Inechanical beach
cleaning.
B. Prohibiting Storage or Placement of Any Material in the Nesting Area. The storage or placement of any Inaterial
such as but not limited to construction material., rip-rap., trash and debris., mulch or other organic Inaterial., landscaping mate-
rial., fill., vehicles., or boats., that has potential to ilnpede Inovement of hatchlings or adults between ocean and nesting areas.,
or that Inay cover existing nests or nesting sites is strictly prohibited.
C. Development. All development shall be set back a minilnum of fifty (50) feet from any area which serves as an
active or potential nesting area for marine turtles. The fifty (50) foot setback will be measured from the landward toe of the
most landward beach berm or from fifty (50) feet landward of mean high water (MHW)., whichever results in the smaller
total set-back. The maxilnum total setback shall be one hundred (100) feet from MHW. (Prior code S 13-62)
7.16.030 Standards for exterior artificial lighting.
To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nest-
ing season., the following measures shall be taken to reduce c eliminate the negative effects of new or existing artificial
lighting:
A. Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed., positioned., Inodified., or
relnoved so that:
I. The point source of light or any reflective surface of the light fixture is not directly visible from the beach~
2. The area within the jurisdictional boundaries is not directly., or indirectly illuminated~
3. The area within the jurisdictional boundaries is not cumulatively illuminated.
B. Measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new
or existing artificial beachfront lighting through appropriate design:
I. Positioning of fixtures so that the point source of light or any reflective surface of the light fixture is eliminated or
is no longer visible from the beach~
2. Replacement offixtures having an exposed light source with fixtures containing recessed light sources or shields~
3. Replacement of traditional light bulbs with yellow bug type bulbs not exceeding twenty-five (25) watts or low pres-
sure sodium vapor lamps:
4. Replacement of nondirectional fixtures with completely shielded directional fixtures that point down and away
from the beach:
5. Replacement offixture having transparent of translucent coverings with fixtures having opaque shields covering an
arc of at least one hundred eighty (180) degrees and extending an appropriate distance below the bottom edge of the fixture
on the seaward side so that the light source or any reflective surface of the light fixture is not visible froln the beach:
6. Replacement of pole lamps with low-profile., low-level luminaries no higher than forty-eight (48) inches off the
ground such as low-mounted wall fixtures., low bollards., and ground-level fixtures., so that the light source or any reflective
surface of the light fixture is not visible from the beach~
7. Replacement of incandescent., fluorescent., and high-intensity lighting with the lowest wattage low-pressure sodium
vapor lighting possible for the specific application~
8. Planting or improvement of landscape vegetation in compliance with the land development regulations (Section
9.48.140., environmental design criteria) between the light source and the beach to screen light from the beach:
9. Construction of ground leve I barriers in compliance with the land development regulations (Section 9.48.140., envi-
ronmental design criteria) to shield light sources from the beach~
10. Limitation of exterior lights used expressly for safety or security purposes. Any such lighting allowed must con-
form to the measures set forth in this section in order to reduce or eliminate negative effects on sea turtles~
206
7. ] 6.040
11. Permanent removal of all floodlights., uplights., or spotlights used for decorative or accent purposes~
12. Pennanent relnoval or disabling of any fixture which cannot be brought into compliance with the provisions of
these standards~
13. Shielding or modification of any existing lighted sign pursuant to the land development regulations (Section
9.48.140., environmental design criteria) such that it is not directly visible from the beach. (Prior code ~ 13-63)
7.16.040 Standards for interior artificial lighting.
To prevt~nt interior artificial lighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting
season., measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new or
existing interior light elnanating from doors and windows:
A. Interior artificial lighting within direct line-of-sight of the beach shall be designed., positioned., modified., or re-
moved so that:
I. The point source of light or any reflective surface of the light fixture is not directly visible froln the beach~
2. The area within the jurisdictional boundaries is not directly or indirectly illuminated~
3. The area within the jurisdictional boundaries is not cumulatively illuminated.
B. Measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of new
or existing interior beachfront lighting through appropriate design:
1. Use of window treatments such as blackout draperies., shade-screens or blinds to shield interior lights from the
beach~
2. Installation of new windows which meet the standards for tinted glass or for existing windows., an application of
window tint or film that meets the standards for tinted glass~
3. Turning off all unnecessary interior lights~
4. Arrangelnent of lamps and other moveable light fixtures away from windows~
5. Appropriate interior design to eliminate overhead lighting which could illuminate the nesting beach~
6. For new construction within line of sight of the beach., tinted glass shall be installed on all windows and glass doors
of single- or multi-story structures. (Prior code ~ 13-64)
7.16.050 Standards for mechanical beach cleaning.
All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach
through the use of motorized vehicles or other mechanical means shall comply with the following standards:
A. Tinling: beach cleaning shall be confined to daylight hours during the nesting season.
B. Mode of operations: during the nesting season (April] 5th through October 3) st):
I. Beach cleaning operations shall be litnited to the area seaward of the strand line (previous high tide mark).
2. Light-weight Inotorized vehicles having wide., low-profile., low-pressure tires., or hand raking shall be used to con-
duct beach cleaning operations.
3. Devices used for removing debris from the beach shall be designed and/or operated such that they do not penetrate
beach substrate by more than two inches.
4. Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize and avoid a sea turtle nest, report
nests and/or crawls to a permitted agent of the state.
5. All excess raked material must be removed from the beach and disposed of properly or stored in an upland area as
approved by the director of environmental resources. With special approval from the director of environmental resources
and the state Departlnent of Environmental Protection., limited quantities of organic Inaterial may be incorporated into the
substrate in order to enhance the beach/berm system.
c. Coordination of Beach Cleaning Operations with State-Sanctioned Scientific Studies. All beach cleaning operations
shall be coordinated through the state to ensure that these operations do not interfere with state-sanctioned scientific studies
or surveys of sea turtle nesting activities.
D. A uthorization. Any person performing mechanical beach cleaning must have a current permit from the Florida De-
partment of Environmental Protection for the area being cleaned. (Prior code 9 13-65)
207
7.16.060
7.16.060 Protection from predation.
A. No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles., hatchlings.,
or nests shall be allowed to roam loose and unsupervised within the jurisdictional boundaries during the nesting season.
Such pets include but are not limited to dogs., cats., snakes., lizards or iguanas., ferrets and pigs.
B. Feeding of raccoons., opossums and other wild animals within the jurisdictional boundaries is prohibited. (Prior
code 9 13-66)
7 .16.070 Violation-Penalty.
A. Violations of this chapter may be prosecuted in the same manner as Inisdelneanors are prosecuted. In such cases.,
the violations shall be prosecuted in the name of the state in a court havingjurisdiction over Inisdemeanors by the prosecut-
ing attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by iln-
prisonment in the county jail not to exceed sixty (60) days or both such fine and ilnprisonment. V iolations may also be
prosecuted through proceedings before the Monroe County Code enforcelnent board., or pursuant to Chapter 76-435., Laws
of Florida [App. A., Art. V., Div. 3]., or through any other lawfully available means including civil and injunctive relief.
B. The property owner and., where applicable., the designee., agent., tenant., lessee., or assignee., shall each be held re-
sponsible for adherence to this chapter. (Prior code ~ 13-67)
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7.20.0 I 0
Chapter 7.20
IMPOUNDMENT AND QUARANTINE
Sections:
7.20.010
7.20.020
Seizure, destruction of animals adjudged nuisances-Disposal of impounded animals-
Compensation to owners-Exemption of feral cats from the five-day holding period.
Seizure of animals by property owners or tenants-Delivery to department manager-
Impoundment and disposal-Standard of care to be exercised by seizing party.
Surrender of animal to department manager-Interference with department manager in
performance of duty.
Quarantine provisions-Impoundment and treatment of sick and injured animals-Disposal
of dead animals.
Impounding, redeeming by owner, disposition of unredeemed dogs.
7.20.030
7.20.040
7.20.050
7.20.010 Seizure, destruction of animals adjudged nuisances-Disposal of impounded animals-
Compensation to owners-Exemption of feral cats from the five-day holding period.
When a court of competent jurisdiction adjudges an anitnal a nuisance under this title or other law~ the department man-
ager or authorized assistant may seize the animal and offer it for adoption~ or destroy it in a humane manner. The depart-
ment manager may likewise offer for adoption~ destroy or otherwise dispose of any animal ilnpounded pursuant to this title
but only acc:ording to the following procedure. Unless determined by a veterinarian to be diseased or in pain~ an animal may
not be destroyed during the first five working days after impoundment. In addition~ an animal may not be adopted out or
released to anyone other than its owner during the first five working days after ilnpoundment. If the animal is not destroyed
according to a veterinarian's determination or claimed by its owner during the initial five-day period~ then the animal may
be offered for adoption or destroyed if:
A. No owner exists~
B. An owner is not identified within five working days after attempts by the department manager to do so~
C. The owner exists but cannot be contacted after reasonable attempts by the department manager to do so for a rea-
sonable period oftime~ or
D. An owner has been contacted but has by his or her actions~ failure to act~ or statements~ indicated an intent to aban-
don the anirnal.
The department manager shalllnake every reasonable effort to identifY and notifY owners or keepers of the impoundment
of their anirnal pursuant to this title~ and such efforts shall be Inade for a reasonable period of time as determined by the
board by res.olution. However~ where the department manager complies fully and makes every reasonable effort based on
the situation to identify and notify such owners and keepers~ and where such efforts fail~ resulting in the adoption or destruc-
tion or other disposal of the animal~ the department manager shall be deemed to have complied fully with due process of
law ~ and no owner or keeper shall be entitled to any compensation for loss of the animal.
In the cas.e suspected feral cats~ the departlnent manager has the authority to hold and observe the suspected feral cat for
a seventy-t~/o (72) hour period~ thereafter~ if the cat is determined to be feral by the department manager~ he or she has the
authority to euthanize the feral cat prior to the five-day holding period. (Prior code ~ 3-8)
7.20.020 Seizure of animals by property owners or tenants-Delivery to department manager-
Impoundment and disposal-Standard of care to be exercised by seizing party.
The board finds and declares that problems of animal overpopulation in Monroe County require not only the resources of
the county's aniInal control department~ but also the aid and assistance of private deputies. Therefore:
A. It is lawful for a property owner or tenant to seize in an humane manner any dog~ cat or other animal running at
large on his or her property in violation of Section 7.12.030. Where such seizure is made, the property owner or tenant shall
immediately deliver the animal to the department manager or his or her assistant. The property owner or tenant shall treat
the anilnal humanely and shall exercise utmost care to ensure the animal's safety and well being.
B. The department manager may impound any animal delivered by its owner, or by a property owner or tenant pursu-
ant to subsection A of this section~ and may release or dispose of the animal pursuant to this title.
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7.20.030
c. Any person who seizes an animal pursuant to this section shall exercise utmost care to treat the animal humanely
and to avoid any injury sickness, hunger or any other ailment or affliction whatsoever in both the seizure of the anitnal and
the delivery of the animal to the department lnanager. Any person unable to comply with the foregoing for any reason shall
not seize and deliver any anitnal~ and any person who does injure or mailn any animal or who does subject an anilnal to
hunger, sickness, or any other aihnent or affliction, either intentionally or negligently, in the exercise of the person's author-
ity under this section, is in violation of this title and subject to the penalties herein. (Prior code S 3-10)
7.20.030 Surrender of animal to department manager-Interference with department manager in
performance of duty.
It is unlawful for any person to refuse to surrender an animal upon lawful demand by the department manager or his or
her authorized assistant. It is unlawfu I for any person to attelnpt to take any anitnal from the custody of the departlnent lnan-
ager or his or her assistant or to attempt to take any animal froln a county pound without permission of the department lnan-
ager or his or her assistants in the perfonnance of their duties under this title. (Prior code S 3-13)
7.20.040 Quarantine provisions-Impoundment and treatment of sick and injured animals-Disposal of
dead animals.
A. When a domesticated animal has bitten a person or another animal, or is believed to have bitten a person or another
animal, or is suspected by the department lnanager to have rabies, it shall be quarantined by a licensed veterinarian under
the supervision of the department manager or the anilnal may be held in quarantine at a county facility. The quarantine shall
be for a reasonable period of time, as determined by the department manager.
B. The department manager may impound any anilnal believed to be carrying an infectious or contagious disease, or
any injured animal, and may retain the services of a licensed veterinarian to treat it. The department manager may accept
sick or injured animal upon delivery. When a sick or injured animal is owned and the owner is identified, such owner shall
be liable for payment of veterinary expenses or reimbursement of the county's expenses in treating the animal. At the
discretion of the department lnanager a sick or injured animal may be destroyed or otherwise disposed of, and its remains
disposed of without compensation to the owner or keeper, provided that the departlnent manager shall make reasonable
effort to notify the owner or keeper that the anilnal is impounded.
A dog or cat which is not inoculated against rabies or which is not licensed shall not be released until provisions have
been made to inoculate and license the animal properly. The department manager shall charge the owner the applicable fee
for vaccination or licensing. When an impounded animal is not claitned within a reasonable period of time, as determined
by board resolution, the department lnanager Inay transfer custody or ownership of the animal to a humane agency or a new
owner, or may destroy the animal and dispose of its remains. In either event, the owner or keeper will not be entitled to
compensation.
C. When an animal dies, the owner or keeper of the animal shall dispose of the remains immediately. When the de-
partment manager or his or her assistant discovers a dead animal, he or she shall notify the owner or keeper, ifknown, and
shall order the owner or keeper to dispose of the remains immediately. If the party notified fails to comply within twenty-
four (24) hours., the department manager shall cause the remains to be disposed of and shall bill the anitnal owner or keeper.,
as appropriate, for the costs of disposal. Such animal owner or keeper may further be held in violation of this title and pun-
ished as provided herein. The department manager shall dispose of the remains of an animal which has died on public prop-
erty., but only where an owner or keeper cannot be notified. Nothing in this section shall be deelned to litnit or contravene
the provisions ofF.S. S 823.041.
D. Any wild animal that bites or otherwise exposes a human to rabies shall be immediately killed and tested for rabies
unless the county health officer determines the circumstances warrant an exception. (Prior code S 3-14)
7.20.050 Impounding, redeeming by owner, disposition of unredeemed dogs.
A. Impoundment Authorized. Any dog found without a current tag or any animal found in violation of this title may be
caught by an authorized county employee or an authorized elnployee of the humane society authorized by the county or
anyone acting under its direction., and imprisoned and impounded at a place maintained or designated for that purpose.
B. Disposal of Unredeelned Animals-Fees. After a period of confinement of five days, those animals not claimed
may be disposed of through approved humane agencies, or otherwise in a humane manner. Animals shall be released to
owners on presentation of proof of ownership and after proper inoculation, licensing and paYlnent of fees.
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7.20.050
c. Adoption ofUnc laimed Animals. The fee for the adoption of an unclaimed animal shall be as adopted by the board
of county cOlnmissioners plus the cost required by Florida Statutes to qualify the anilnal for adoption. (Prior code ~ 3-] 5)
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7.24.0 I 0
Chapter 7.24
ENFORCEMENT
Sections:
7.24.010
Fines.
7.24.010 Fines.
A. Violations Observed. Upon observing a violation of this title~ the department manager or a sworn animal control
officer or any other law enforcement officer may either:
I. Issue a citation to the owner or keeper of the anilnaL which shall contain:
a. The date and time of the issuance of the citation~
b. The name and address of the person cited~
c. The date and tilne the civil infraction was cOlnmitted~
d. The facts constituting probable cause for the issuance of the citation~
e. The ordinance violated~
f. The name and authority of the officer issuing the citation~
g. The procedure for the person to follow in order to pay the civil penalty or to contest the citation~
h. A statement of the maximum civil penalty (not to exceed five hundred dollars ($500.00)) which may be imposed if
the person cited contests the citation and is determined to have violated this title~
i. A statement of the civil penalty payable if the person cited does not contest the citation~
j. A conspicuous statement that if the person fails to pay the civil penalty within the time allowed~ or fails to appear in
court to contest the citation~ or fails to appear in court as required by the citation~ he or she shall be deemed to have waived
his or her right to contest the citation~ and that~ in such case~judgement may be entered against the person for an amount up
to the maximum civil penalty offive hundred dollars ($500.00). In addition~ if a person fails to pay the civil penalty~ or fails
to appear in court to contest the citation or fails to appear in court as required by the citation~ the court Inay issue an order to
show cause upon the request of the governing body of the county. This order shall require such persons to appear before the
court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in re-
sponse to the court~s directive~ that person may be held in contelnpt of court.
Any person wilfully refusing to sign and accept a citation issued by an officer shall be guilty of a misdemeanor of the
second degree~ punishable by a term ofimprisonlnent not to exceed sixty (60) days or a fine not to exceed five hundred dol-
lars ($500.00) in addition to the civil penalty.
2. Impound the animal which is the subject of the violation and commence prosecution of the offense pursuant to F.S.
~ 828.21(1)(t).
3. a. The following type of violations of this title require a mandatory court appearance by the person cited:
1. Aggravated violations resulting in the unprovoked biting~ attacking or wounding by a domestic animal~
11. Violations resulting in the destruction or loss of personal property~
111. Second or subsequent violations~ or
IV. Violations resulting in the issuance of a third or subsequent citation.
b. Persons required to appear in court do not have the option of paying the fine instead of appearing in court.
c. The director of public works shalllnaintain records to prove the number of citations issued to anyone person.
B. Complaints of Violations Not Observed. Upon receipt of an affidavit of complaint signed by one person under oath
before an individual authorized to take acknowledglnents~ setting forth the nature and date of the act~ the owner or keeper of
the animal~ the address of the owner or keeper~ and a description of the animal~ the department manager or a sworn animal
control officer or other law enforcement officer shall investigate the complaint to determine whether there is probable cause
to be lieve a violation of this title has occurred.
Ifprobable cause exists~ the departlnent manager or a sworn animal control officer shall commence prosecution of the
offense pursuant to F.S. ~ 828.27( 1 )(t).
C. Punishment. Upon conviction~ any person violating this title shall be punished as provided by law. Each day during
which the violation continues shall be deemed a separate offense.
212
7.24.010
I. Violations of any provision of this title shall constitute a civil infraction. The lnaximum civil penalty shall not ex-
ceed five hundred dollars ($500.00).
2. Court costs, surcharges and other special charges shall be deducted by the clerk of the circuit court in the same
manner and alTIOunts as provided for Class 1 noncrilninal violations.
3. If the party cited does not contest the citation, the penalty given shall be one hundred dollars ($100.00). (Prior code
~ 3-12)
213
Chapters:
8.04
8.08
8.12
8.16
8.20
8.24
8.28
8.32
8.36
8.40
8.44
Title 8
HEALTH AND SAFETY
Blasting and Explosives
Burglar Alarm Systems
Emergency and Nonemergency Medical
Services
Emergency Telephone Service
Fire Alarm Systems
Fireworks
Hazardous Waste
Noise Control
Nuisances
Sale of Detergents
Spearguns
215
Sections:
8.04.010
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
8.04.070
8.04.080
8.04.090
8.04.100
8.04.110
8.04.120
Sections:
8.04.130
8.04.140
8.04.150
8.04.160
8.04.170
8.04.180
8.04.190
8.04.010
Chapter 8.04
BLASTING AND EXPLOSIVES
Article 1
General Provisions
Definitions.
Scope of chapter-Exceptions.
General requirements.
Storage at blasting sites.
Use and handling of explosives.
Blasting agents-General requirements.
Pa rticle velocity.
Atmospheric overpressure or airblast performance standards-Monitoring.
Flyrock.
Blasting records.
Effect of chapter on previously issued permits.
Violations of state and federal laws and regulations deemed violation of chapter.
Article 2
Permits
Required.
Application-Prerequisites to issuance-Fee.
Building official to issue.
Scope.
Limitations, conditions and modifications.
Appeals from refusal to issue and from revocation-Public hearing-Waiver of prior
conviction.
Revocation.
Article 1
General Provisions
8.04.010 Definitions.
For the purpose of this chapter the following terms, phrases, words and their derivations shall have the meaning given
herein.
"~Blaster" means a person employed by a user who detonates or otherwise effects the explosion of an explosive or who is
in immediate personal charge and supervision of one or more other persons engaged in such activity.
~~Blasting agent" means any material or mixture, consisting of a fuel and oxidizer, intended for blasting, not otherwise
classified as an explosive, provided that the finished product, as mixed and packaged for use or shiplnent, cannot be deto-
nated by means of a No.8 test blasting cap when unconfined.
"~Carrier" means a person who engages in the transportation of articles or materials by rail, highway, water., or air.
~~Dealer" means a person engaged in the wholesale or retail business of buying and selling explosives~ provided that
should a manufacturer-distributor make sales to users, such manufacturer shall not be required to obtain an additional li-
cense as a dealer.
"~Explosive" means any mixture, compound or material capable of producing an explosion, including but not limited to
dynamite, nitroglycerin, trinitrotoluene, blasting caps and detonators~ but not including cartridges for firearms., and not in-
cluding fireworks as defined in F .S. ~ 791.0 I.
217
8.04.020
~-Explosive materials~~ includes explosives~ blasting agents, water gels and detonators. Explosive Inaterials include but are
not lilnited to all items contained in the --List of Explosive Materials" published annually by the bureau ofalcohol~ tobacco
and fireanns.
-~Magazine~~ means any building~ day box or structure approved in confonnance with BA TF specifications for the storage
of explosives and/or explosive materials~ but excluding day lnagazines used exclusively for the transportation of explosives
frOlTI magazines to dri 11 rigs. The latter are not herein regulated.
~-Manufacturer-distributor~~ means a person engaged in the manufacture, production, and distribution of explosives to
others for resale or use.
~-No. 8 test detonator~~ means one containing 0.40 to 0.45 grams PETN base charge pressed to a specific gravity of 1.4
g/cc and primed with standard weights of primer~ depending on Inanufacturer.
--Purchase~~ includes acquisition of any explosive by a person with or without consideration.
'-Small anns ammunition ~~ means any shotgun~ ritle~ or handgun ammunition.
~-Special industrial explosive device~~ means any explosive power-pak containing an explosive charge in the form of a
cartridge or construction device. The term includes but is not limited to explosive rivets~ explosive bolts~ explosive charges
for driving pins or studs~ cartridges for explosive-actuated power tools and charges or explosives used injet tapping of open
hearth furnaces and jet perforation of oil well casing.
--Special industrial high explosive material'~ means sheets~ extrusions~ pellets~ and packages of high explosives~ contain-
ing dynamite, trinitrotoluol~ pentaerythritoltetranitrate, cylotrimethylenetrinitramine~ or other similar compounds used for
high-energy-rate forming~ expanding and shaping Inetal fabrication, and for dismemberment and quick reduction of scrap
metal.
~-'renninar' means those facilities used by carriers for the receipt~ transfer~ temporary storage or delivery of articles or
materials.
-'U ser~~ means the person who~ as an ultimate consumer of an explosive~ purchases same from a dealer or manufacturer-
distributor~ or acquires the possession of any explosive by any other means. (Ord. 022-2004 S 18~ prior code S 5-1)
8.04.020 Scope of chapter-Exceptions.
A. This chapter shall apply~ at blasting sites~ to the use and storage of explosives and blasting agents.
B. Nothing in this chapter shall be construed as applying to:
1. The armed forces of the United States or the state militia~
2. Explosives in fonns prescribed by the official United States Pharmacopeia~
3. The sale or use of fireworks as defined in F.S. ~ 791.0 1 ~
4. The possession~ transportation and use of small arlns~ amlnunition or special industrial explosive devices~
5. The possession, storage and use of not more than fifteen (15) pounds of explosives or blasting agents in educa-
tional~ governlnental or industrial laboratories for instructional or research purposes~
6. The use of explosives or blasting agents by the United States Bureau ofMines~ the Federal Bureau of Investigation,
the United States Secret Service~ or police and fire departments acting in their official capacity~
7. The lnanufacture~ sale or transportation of explosives and blasting agents~ or their storage~ except that storage of
explosives and blasting agents on blasting sites is herein regulated. (Prior code S 5-2)
8.04.030 General requirements.
A. Quantity Limited. The building official may limit the quantity of explosives or blasting agents~ or both~ to be per-
mitted at any site~ in accordance with the American Table of Distances.
B. Stolen or Missing Explosives-Reporting. In the event that any explosive is stolen~ misplaced or lost, such occur-
rence shall be reported ilnmediately to the building official. The area in which the incident occurs shall be secured until in-
vestigation has been made and the scene released by proper authority.
C. Sale to Person Without Permit. It is unlawful for any person to sell or otherwise dispose of any explosive to any
other person who does not have a valid permit issued under Article 2 of this chapter.
D. Inventory Reporting. Every user having any explosive in his or her possession~ dominion or control shall file with
the building official on the fifteenth day of each and every month a schedule or inventory accurately setting forth the quan-
tity and description of such explosives on a form prescribed by the building official. (Prior code S 5-3)
218
8.04.040
8.04.040 Storage at blasting sites.
A. Storage in Magazines Required. Explosives, including special industrial high explosive materials, shall be stored in
magazines which meet the requirements of this section. This shall not be construed as applying to wholesale and retail
stocks of small arms ammunition, explosive bolts, explosive rivets, or cartridges for explosive-actuated power tools in quan-
tities involving less than five hundred (500) pounds of explosive material.
B. Safety Precautions. Every person in possession of any explosive shall cause the same to be stored in a safe place
and shall maintain such security measures as shall be reasonably necessary to prevent all unauthorized persons from gaining
access to such explosives. Any person who shall fail to use reasonable precautions for the security and safety of explosives
in his or her possession shall be deemed guilty of violating this chapter, and subject to the penalties provided for herein, and
in addition thereto, shall be subject to revocation of his or her permit.
C. Magazine Requirements.
I. Smoking, matches, open flames and spark-producing devices shall be prohibited inside or within fifty (50) feet of
magazines. Combustible materials shall not be stored within fifty (50) feet of magazines.
2. The land surrounding magazines shall be kept clear of brush, dried grass, leaves, trash, and debris for a distance of
at least fifty (50) feet.
3. Magazines shall be kept locked except when being inspected or when explosives are being placed therein or being
moved therefrom.
4. Packages of explosives shall not be unpacked or repacked in a magazine nor within fifty (50) feet ofa magazine nor
in close proximity to other explosives.
5. Magazines shall be kept clean, dry, and free of grit, paper, empty packages and rubbish. Floors shall be regularly
swept. Brooms and other cleaning utensils shall have no spark-producing metal parts. Floors stained by leakage froln explo-
sive material shall be cleaned according to instructions of the manufacturer.
6. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or if nitroglycerin
leaks from any explosive, then the person in possession of such explosive shall ilnmediately report the fact to the building
official and upon the building official's authorization shall proceed to destroy such explosives and magazines in accordance
with the instruction of the manufacturer. Only experienced persons shall do the work of destroying explosives.
7. Magazines shall not be provided with artificial heat or light, except that ifartificiallight is necessary, an approved
electric safety flashlight or safety lantern shall be used.
8. Magazines shall not be used for the storage of any commodity except explosives.
9. B lasting caps, electric blasting caps, detonating primers and primed cartridges shall not be stored in the same maga-
zine with other explosives.
10. Magazines shall be offive types, Type I, Type 2, Type 3, Type 4 and Type 5. Construction, description and limita-
tions for storage use in each of these types shall be in accordance with requirements of BA TF in 18 USC 842U) and in-
spected in accordance with 49 CFR, subpart K, and pursuant to the state Fire Marshal's rules and regulations, Chapter4A-2,
Florida Administrative Code, as adopted under the authority F.S. Ch. 552.
II. Except as provided in subsection (C)( 12) of this section, Type I through Type 5 magazines shall be located in con-
formity with the provisions of the latest revised and approved edition of the American Table of Distances for Storage of
Explosives and its footnotes as copyrighted and published by the Institutes of Makers of Explosives, which is incorporated
herein by reference thereto.
12. At the site of blasting operations, unless specifically waived by the building official as a permit condition, a dis-
tance of at least three hundred (300) feet shall be maintained between magazines and the blast area when the quantity of
explosives temporarily kept therein is in excess offifty (50) pounds, at least one hundred fifty (150) feet when the quantity
of explosives is more than twenty-five (25) pounds but less than fifty (50) pounds, and at least fifty (50) feet when the quan-
tity of explosives is twenty-five (25) pounds or less.
13. Property upon which Type I and Type 2 Inagazines are located shall be posted with signs at all access roads or ac-
cess ways reading "Explosives-Keep Off" legibly printed thereon in letters not less than three inches high. Such signs shall
be located so as to Ininimize the possibility of a bullet traveling in the direction of the magazine if anyone shoots at the sign.
14. Type 2 magazines shall be painted red and shall bear lettering in white, on all sides and top at least one and one-half
inches high, "Explosives-Keep Fire Away."
15. Magazines shall be in the charge ofa cOlnpetent person employed by the blaster holding the permit at all times. The
blaster shall be responsible for the enforcement of all safety precautions. (Prior code S 5-4)
219
8.04.050
8.04.050 Use and handling of explosives.
A. Blasting operations shall be conducted during the hours of eight a.m. and five p.m. except that the building official
lnay extend the blasting time to all daylight hours for sites relnote (more than one mile) froln residential developlnent.
Blasting shall not be done on Sundays or legal holidays except in emergencies involving the health~ safety and welfare of
the public.
B. The handling and firing of explosives shall be perfonned by the person possessing a blasting permit to use explo-
sives or by employees under such person ~ s direct supervision who are at least eighteen (18) years old.
c. No person shall handle explosives while under the influence of intoxicants~ or narcotics.
D. No person shall smoke or carry matches while handling explosives or while in the vicinity thereof.
E. No open flalne light shall be used in the vicinity of explosives.
F. Whenever blasting is being conducted in the vicinity of gas~ electric~ water~ fire alarm~ telephone~ telegraph~ or
steam utilities~ the blaster shall notify the appropriate representatives of such utilities at least twenty-four (24) hours in ad-
vance ofblasting~ specifying the location and intended time of such blasting. Verbal notice shall be confirmed with written
notice. In an emergency this time limit may be waived by the building official.
G. Blasting operations shall be conducted in accordance with nationally recognized good practice.
H. Before a blast is fired~ the person in charge shall make certain that all surplus explosives are in a safe place~ all per-
sons and vehicles are at a safe distance or under sufficient cover~ and a loud warning signal has been sounded.
I. Fuse caps will not be approved for use unless specifically approved for job site by the building official.
J. Due precautions shall be taken to prevent accidental discharge of electric blasting caps from current induced by
radio or radar transmitters~ lightning~ adjacent power lines~ dust storms or other sources of extraneous electricity. These pre-
cautions include:
I. The suspension of all blasting operations and removal of persons from the blasting area during the approach and
progress of an electric storm~
2. The posting of signs warning against the use of mobile radio transmitters on all roads within one thousand ( 1000)
feet of the blasting operations~ pursuant to 29 CFR 1929.900(k)(3)~
3. Compliance with nationally recognized good practice when blasting in the vicinity of radio transmitters or power
lines~
4. Blasting signs shall be placed along a road if it lies within one hundred (100) feet of a blast zone at a point where
any other road provides access to the blast area. The sign shall state ~'Warning-Explosives in Use."
K. When blasting is done in congested areas or in close proximity to a building, structure, railway, highway or any
other installation that may be damaged, the blast shall be covered before firing with a mat constructed so that it is capable of
preventing rock from being thrown into the air.
L. Tools used for opening packages of explosives shall be constructed of nons parking materials except for lnetal slit-
ters which lnay be used for opening fiberboard or paper containers.
M. Empty boxes and paper and fiber packing materials which have previously contained high explosives shall not be
used again for any purpose~ but shall be destroyed by burning at an approved isolated location out of doors~ and no person
shall be nearer than one hundred (100) feet after the burning has started.
N. Explosives shall not be abandoned.
o. Personal vehicles shall not be stopped or parked within a scaled distance of one hundred fifty (150) in accordance
with Section 8.04.130(0) from a magazine or blasting site. The building official or his or her designee may waive this pro-
vision for certain vehicles if requested by formal application. This section excludes vehicles used in the blasting or quarry-
ing operation. (Prior code S 5-5)
8.04.060 Blasting agents-General requirements.
Where blasting agents and explosives are stored in the same magazine~ standard magazine construction shall be followed
and the weight of the blasting agents shall be included in the calculations of the total amount of explosives for determining
distance limitations. However~ blasting agents when stored separately from explosives, shall be stored in a Type 5 magazine
or a magazine of higher classification (lower number). (Prior code S 5-6)
220
8.04.070
8.04.070 Particle velocity.
It is unlawful for any person to blast~ fire~ detonate or use any amount of explosives which would result in a vector sum
particle velocity in excess of one-half inch per second when measured on the ground at the nearest building or structure not
owned by the user, or when measured at a distance offive thousand two hundred eighty (5,280) feet from the blast when the
nearest structure not owned by the user is further than one mile from the blast. The use of any explosives that result in a
greater vector SUln particle velocity than described above would constitute a public nuisance and therefore be detrimental to
the public health~ welfare and safety of the county; and it is recognized that any blasting operation resulting in a particle
velocity not exceeding two inches per second measured as described above will not cause structural damage pursuant to
U.S. Bureau of Mines "Bulletin 656 (] 97])" and "Report of Investigations R.I. #8507 (Siskind and others~ 1980)." which
documents are herein incorporated by reference thereto for use as regulatory guidelines by the building official hereunder.
(Prior code ~ 5-7)
8.04.080 Atmospheric overpressure or airblast performance standards-Monitoring.
Decibel levels resulting from atmospheric overpressure or airblast (the airborne sonic vibrations generated from high-
pressure gases emitting from explosives being detonated in stelnmed drill holes in rock) associated with blasting activities
shall not exceed the safe maximum limits listed in the following table at the location of any dwelling~ public building,
schoot church or cOlnmunity or institutional building outside of the permit area; except that such limits do not apply in the
case of bui ldings owned by the permittee or his or her lessee( s); provided however that such lessee authorizes via written
waiver any blasting activities resulting in atmospheric overpressure or airblast in excess of the following table:
S stem in Hz (13 dB)
Maximum Level in dB
134
133
129
]05
2-sec duration)
The building official may require monitoring of decibel levels at one or more locations surrounding the blasting site by
the permittee and the submission of written reports documenting same. (Prior code ~ 5-7.])
8.04.090 Flyrock.
Flyrock is material emanating from the blast hole that travels along the ground and in the air. It may not be cast more
than half the distance to the nearest dwelling or other occupied structure nor beyond the area of regulated access. It Inay not
be cast off the permit area. Rock~ mud and debris fall into the category oftlyrock. Ifblasting is conducted in close proxilnity
to existing structures, additional stemming burden~ or Inats shall be used to prevent tlyrock problems. (Prior code ~ 5-7.2)
8.04.100 Blasting records.
A. All users of explosives shall keep daily records for a period of three years of all blasting performed on forms pre-
scribed by the building official which shall be made available at reasonable times and hours at a location approved by the
building official for inspection by him or her or his or her deputies, and signed copies of such records shall be furnished to
the building official on a weekly basis.
B. The minimum data to be shown on such record shall be:
1. Name and location of blasting site;
2. Date and time of firing;
3. Arrangements and spacing of charges;
4. The amount of explosive for each blast or delay series;
5. Delay interval;
6. Name of person in charge of loading and firing;
7. Blasting permit nUlnber~ and signature and title of person making report.
C. 1. Records of instrument readings taken as required by Section 8.04.] 70(C) and (D) shall be analyzed by an in-
dependent recognized seismologist or vibration engineer and shall be reported by him or her to the building official with full
and complete details monthly or upon demand.
22]
8.04. 1 1 0
2. All original records will be the property of the blasting cOlnpany with a copy certified by a seismologist furnished
to the building official.
D. Each instrument shall be calibrated annually., preferably on a shaking table., and such calibration certified except for
instruments which are certified as self-calibrating. (Prior code ~ 5-8)
8.04.110 Effect of chapter on previously issued permits.
A. All permits issued prior to January 5., 1988., shall remain in force and effect for a period of six months following the
effective date hereof., but subject to the regulations and limitations contained in this chapter.
B. All permits required under this chapter issued for two years prior to the effective date hereof shall remain in force
and effect., but subject to the regulations and limitations contained in this chapter as amended., except in the case of the hold-
ers of such permits that can demonstrate through doculnentation acceptable to the building official within six Inonths fol-
lowing the effective date hereof that operations at their blasting sites have not resulted in exceeding the particle velocity
standard of one-half inch prescribed by Section 8.04.070 for the past twenty-four (24) Inonths as of the effective date of this
chapter., then these pennitted blasting operations shall not be subjected to the preblast inspection requirements prescribed in
Section 8.04.] 30. (Prior code ~ 5-9)
8.04.120 Violations of state and federal laws and regulations deemed violation of chapter.
Any person who violates any of the provisions ofF.S. Ch. 552., or any of the regulations of the state Fire Marshal proln-
ulgated thereunder., or The Surface Mining Control and Reclamation Act of 1977., 30 U.S.C. 1201 et seq. and its itnplelnent-
ing Code of Federal Regulations., 30 CFR Parts 715.780 and 816 with regard to the blasting performance standards found in
the act and the CFR only., or 18 U.S.C. Chapter 40 and 27 CFR part 55., or other federal statutes and regulations referenced
herein., shall be deemed to have violated the provisions of this chapter and may be prosecuted in the proper court. (Prior
code ~ 5-10)
Article 2
Permits
8.04.130 Required.
A. It is unlawful for any person to acquire., possess., purchase., handle., dispose of., store or use an explosive on any site
without first obtaining a permit issued under and pursuant to the provisions of this article. The requirements of this article
shall not relieve any person from compliance with the provisions ofF.S. Ch. 552 and all rules and regulations promulgated
by the state Fire Marshal.
B. A user shall obtain a user permit to purchase explosives., to store explosives and have blasting done at an approved
site.
C. A blaster shall obtain a blaster permit to use explosives and blasting agents at an approved site.
D. A blasting design shall be submitted by the blaster whenever blasting is proposed within a scaled distance of one
hundred fifty (150) from public buildings., dwellings., schools., community or institutional buildings. The blast design shall
be reviewed and approved by the building official when application is Inade for a pennit. The applicant shall provide written
notice by certified mail., return receipt requested., to all residents or owners of buildings or structures in a form acceptable to
the building official within a scaled distance of one hundred fifty (150) froln the proposed blast site at least sixty (60) days
prior to the blasting date accompanied by a copy of the blasting schedule stating dates and approximate tilnes of proposed
blasting. The sixty (60) days" notice allows sufficient tilne for recipients of such notice to be informed that a preblasting
inspection of his or her building will be conducted by the blasting permit applicant unless refused., time for the applicanf s
inspectors access to the affected building to be scheduled with the owner/occupant present when necessary., and time for the
permittee to provide the results of such inspection to the building official and structure owners. All structures within a
scaled distance of one hundred fifty (150) from the blast site shall be inspected., unless the resident., owner or occupant re-
fuses the inspection. Preblasting inspections within the scaled distance of one hundred fifty (150) shall be prepared and cer-
tified at the applicant's expense by a seislTIologist or other person prequalified by the building official to perform such in-
spections in Monroe County. Preblasting inspections beyond the scaled distance of one hundred fifty (150) lilnit are an op-
tion of the owner of existing buildings or structures., and expense for saIne shall be borne by such owner. Scaled distance
shall be detennined using the following formula:
222
8.04.140
d
Scaled Distance = -
wl12
where d = the distance in feet to the closest structure not owned by the applicant
where w = the charge weight of explosives per delay (the Inaximum pounds per delay)
Examples utilizing this required fonnula on a per-charge basis with eight milliseconds required minimum delay between
charges:
Charge Weight in Pounds Minimum Required Preblast
Inspection Radius in Feet
I 150
5 335
25 750
50 1061
75 1299
100 1500
Structures expected to receive a particle velocity in excess of twenty one-hundredths inch per second shall be inspected,
unless refused. A written listing of structures to be inspected shall be sent to the building official for review and approval
prior to implementation of the inspection program. A copy of the preblast inspection report in its entirety shall be forwarded
to the building official. The results of the preblasting inspection program shall be reviewed by the building official and the
seismologist of record prior to implementation of the blasting activity. During the course of blasting operations, seismic
and, where required, atlnospheric overpressure or airblast records shall be Inailed to the building official on a monthly basis
unless circulnstances warrant more frequent reporting.
E. A blaster shall utilize for monitoring purposes a seismograph and/or a standard sound level meter, where required
by the building official, of a type or types acceptable to the building official, which is/are adequate to accurately record the
inches per second of particle velocity and/or, where required, the decibel level (dB or dBC) of atlnospheric overpressure or
airblast resulting froln blasting operations.
F. Permits required by subsection A of this section shall not be issued for:
I. Liquid nitroglycerin~
2. Nitrocellulose in a dry and uncompressed condition in quantity greater than ten (10) pounds net weight in one pack-
age~
3. Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component
of manufactured articles not hereinafter forbidden~
4. Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or
their use more hazardous, when subjected for forty-eight (48) consecutive hours or less to a temperature of one hundred
sixty-seven (167) degrees Fahrenheit (seventy-five (75) degrees Celsius)~
5. New explosives until approved by the United States Departlnent of Transportation, except that permits may be is-
sued to educational, governmental or industrial laboratories for instructional or research purposes~
6. Explosives condemned by the United States Department of Transportation~
7. Explosives not packed or Inarked in accordance with the Hazardous Materials Regulations of the United States De-
partlnent of Transportation (Title 49, Code of Federal Regulations)~
8. Explosives containing an ammonium salt and a chlorate. (Prior code S 5-22)
8.04.140 Application-Prereq uisites to issuance-Fee.
A. All applications for user and blaster permits required under this article shall be filed with the building official and
shall set forth in detail the purpose for which the permit is sought in relation to explosives, the full name and address of the
applicant, his or her physical description, his or her fingerprints, and shall be accompanied by an accurate photograph of the
223
8.04.150
applicant. Such application shall be signed and sworn to by the applicant. The building official shall prescribe the fonn of
applications and furnish such application forms to applicants upon request. No pennit shall be issued to any person under
the age of eighteen (18) years~ or who is addicted to the excessive use of alcohol~ narcotics~ drugs~ stilnulants~ or depres-
sants~ or who is mentally incompetent~ or who is a lnember of any subversive organization~ or who has been convicted of a
felony. Pennits shall be issued only to persons of good moral character. The burden shall rest upon the applicant to establish
his or her qualifications for a permit. The applicant shall be deelned cOlnpetent and familiar ifhe or she holds a user~s per-
Init and blaster~s pennit from the state. The applicant lnust furnish proof that he or she has public liability insurance with
limits of liability no less than one hundred thousand dollars ($] OO~OOO.OO) per person and three hundred thousand dollars
($300~000.00) per occurrence for bodily injury and three hundred thousand dollars ($300~000.00) per occurrence for prop-
erty dalnage. The building officiallnay require higher limits of liability depending upon density of population and structures
within the vicinity of the blasting area. The certificate of insurance furnished to the building official shall clearly show the
existence of coverage for blasting operations. The pennit issued hereunder shall show the purpose for which it is issued and
the period for which it is issued and the period of titne for which it is valid.
B. Such pennits shall be issued only after:
]. PaYlnent of a fee in an alnount set by resolution of the board of county commissioners.
2. The filing of an application on a fonn prescribed by the building official signed and sworn to by the applicanf s
name~ address~ that he or she holds a valid state permit~ the location or locations where the blasting is to be perfonned~ that
blasting at such location is authorized or pennitted pursuant to county or municipal zoning regulations~ and the distance
between the location of the proposed blasting and any improved property. (Prior code ~ 5-23)
8.04.150 Building official to issue.
The building official is authorized to issue users permits and blaster permits only to persons who hold silnilar permits
required by Florida law and who meet the requirements of this chapter~ and who have approval for the issuance of such
permit by the building official. (Prior code 9 5-24)
8.04.160 Scope.
The issuance of a user's blasting permit shall not authorize blasting in any area or location where the same is prohibited
by any zoning regulations or other law, and shall be limited to the locations designated in the application~ provided~ how-
ever~ that if the amount of explosives to be used at anyone time whether fired or detonated as a single charge or by delay
series does not exceed the total explosive power or capacity of two pounds of forty (40) percent dynamite~ the building offi-
cial is authorized to issue a blasting pennit for the use of such amount of explosive without the same being limited to a par-
ticular location~ provided~ furtheL that the firing~ detonating or exploding of any quantity of explosives on or against a boul-
dec rock strata~ stump~ tree or other object, or on the ground surface or in the open air and not confined in a bore hole or any
blasting commonly referred to as mud-capping or adobe blasting~ is prohibited unless upon application and the paYlnent of
the required fee a user is granted a special use(s permit for each and every location where such blasting is to be performed.
(Prior code ~ 5-25)
8.04.170 Limitations, conditions and modifications.
A. The building official shall impose in each blasting permit issued by the building official pursuant to this chapter
such limitations and conditions as to:
I. Days and hours when blasting may be perfonned~
2. The period of time for which it is valid~
3. The amount and type of explosive which may be employed at any one time~ whether fired or detonated instantane-
ously as a single charge or by a delay series charge~ as may be deemed by him or her reasonable under the conditions exist-
ing in the locale for which the permit is issued. The building official may conduct a series of tests witnessed by neighbor-
hood property owners and measured by a seismograph to determine acceptable limits of vibration.
B. In determining and imposing such reasonable conditions and limitations, the building official shall be governed by
preventing damage to property~ preventing personal injury or loss of life~ protecting the public health, welfare and safety
and the reduction of nuisance.
C. The building official is authorized~ from time to time~ to change~ amend or modify the imposed conditions and limi-
tations in order to meet the purpose for which they were imposed if changing conditions or circumstances to dictate after
224
8.04.180
first considering the guides above enumerated and it is intended here that the building officiallnay ilnpose Inore restrictive
conditions and litnitations if circumstances and conditions in the area concerned so warrant or prove to be necessary in order
to carry out the purpose for which the conditions and litnitations were itnposed and in like Inanner if such conditions and
limitations are found by the building official to be too restrictive, he or she may Inodify them accordingly within the bounds
of the purposes for which they were imposed; provided, however, the imposed litnitations and conditions as to the amount
of explosives permitted in any permit shall not be increased by the building official until and unless the permittee shall first
demonstrate to the building official by due, recognized and proper proof that the desired increase would not in any event
provoke or result in a vector sum particle velocity in excess of one-half inch per second prescribed by Section 8.04.070, and
the building official will require, in order to protect the public health, welfare or safety, the permittee to subtnit a recognized
instrument as prescribed by Section 8.04.130{E) test for any blasting operations to ascertain that the above-described limits
are not exceeded at the nearest building or structure; and it is the intent of this chapter to permit the use of an amount of
explosive which will result in vibrations up to but not including the above-described limits.
D. The blaster shall provide, at his or her cost, a continuous monitoring seismic instrument and where required, a stan-
dard sound level meter at each site, as prescribed by Section 8.04.130(E), during blasting operations. (Prior code ~ 5-26)
8.04.180 Appeals from refusal to issue and from revocation-Public hearing-Waiver of prior
conviction.
Any person who is denied or refused a permit under this article or whose permit has been revoked by the building official
may appeal to the board of county commissioners by filing a written petition of review setting forth the reasons why his or
her application for a permit should have been granted; provided, however, that the board of county commissioners shall
have no jurisdiction to entertain any such appeal unless a written petition or request for review is filed with the clerk of the
board of county commissioners within thirty (30) days after the date upon which the applicant receives notice that his or her
application for a permit has been denied, refused or revoked. When an appeal has been filed, the board of county commis-
sioners shall conduct a public hearing to determine whether the applicant qualifies for a permit. The board of county COln-
missioners shall not grant a permit unless it finds and determines that the applicant is qualified under the provisions ofSec-
tion 8.04.140. The prohibition against issuance ofa permit to any person who has been convicted ofa felony may be waived
by the board of county commissioners provided that such conviction occurred more than ten (10) years prior to the date of
filing the application, and that the applicant has rehabilitated himself or herself completely. (Prior code ~ 5-27)
8.04.190 Revocation.
A. Permits issued under this article shall be revoked for any violation of this chapter or of the state law or of regula-
tions of the state Fire Marshal or of federal law or regulations cited herein.
B. In addition to any other penalty, any person who violates the provisions of this chapter or the conditions and limita-
tions imposed in a pennit shall be deemed to have violated this chapter and the permit may be revoked by the building offi-
cial; provided an appeal may be filed pursuant to Section 8.04.180. (Prior code S 5-28)
225
8.08.010
Sections:
8.08.010
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
8.08.070
8.08.080
8.08.090
8.08.100
Chapter 8.08
BURGLAR ALARM SYSTEMS
Pu rpose.
Scope of regulations.
Definitions.
Filing of alarm information.
Required equipment in a burglar/robbery alarm.
False burglar/robbery alarms prohibited.
Service charge.
Notification of false alarms.
Enforcement.
Viola tio ns-Pen a Ities.
8.08.010 Purpose.
The purpose of this chapter is to establish a service charge for burglar or robbery alarm users whose systelTIS repeatedly
result in false alarms. The charge is not intended to be a penalty but rather to compensate the sheriff s office and general
taxpayers for wasted officer personnel hours and wear on equipment used in responding to false burglar alarms. (Prior code
~ 13-81)
8.08.020 Scope of regulations.
This chapter will apply to unincorporated Monroe County. (Prior code S 13-82)
8.08.030 Definitions.
As used in this chapter:
~~ Alarm user" means the person or other entity that owns., possesses., controls., occupies or manages any premises as de-
fined below.
~~Burglar/robbery alarm system" means any assembly of equiplnent mechanical or electrical., arranged to signal the oc-
currence of an illegal entry or other activity requiring urgent attention and to which the sheriff s office may reasonably be
expected to respond., but does not include fire alarms or alanns installed in motor vehicles. If a fire alarm is connected to a
burglar alann system., this section shall not apply to false alarms that the alarm user proves were generated by the fITe alarm
portion of the system.
~~False burglar/robbery alann" means a signal froln a burglar/robbery alarm system that elicits a response by the sheriffs
office when no emergency or threatened criminal activity requiring imlnediate response exists. This definition includes sig-
nals activated by negligence., accident., mechanical failure., and electrical failure~ signals activated intentionally in nonemer-
gency situations~ and signals for which the actual cause of activation is unknown. It is rebuttable presumption that a burglar
alarm is false ifpersonnel responding from the Monroe County sheriffs office do not discover any evidence of un author-
ized entry., criminal activity., or other elnergency after following a normal police operating procedures in investigating the
incident. An alann is not false if the alarm user proves that:
1. An individual activated the alarm based upon a reasonable belief that an emergency or actual or threatened criminal
activity requiring immediate response existed~ or
2. The alarm system was activated by lightning or an electrical surge that caused physical damage to the systeln.. as
evidenced by the testimony of a licensed alann systenl contractor who conducted an on-site inspection and personally ob-
served the dalnage to the system.
~~Prelnises"" lneans the building or structure or portion of a building or structure upon which is installed or maintained a
burglar/robbery alarm system. (Prior code ~ 13-83)
226
8.08.040
8.08.040 Filing of alarm information.
A burglar/robbery alarm user shall file the following information with the district substation of the Monroe County sher-
iff s office that serves the premises where the alarm system is located:
A. The names of individuals able and authorized to enter the premises and deactivate the alarm;
B. Emergency telephone nUInbers by which those individuals can be reached at all times;
C. The name and telephone number of the alarm cOInpany monitoring the alarm system~ ifapplicable;
D. The naIne and telephone number of the alarm company that installed the system~ if different from the monitoring
entity~ and
E. The name and address of the alann user.
This information must be kept current, and failure to update this information within forty-eight (48) hours of any change
constitutes a violation of this section. (Prior code ~ 13-84)
8.08.050 Required equipment in a burglar/robbery alarm.
A burglar/robbery alarm user shall not install or use a burglar or robbery alarm system unless it is equipped with:
A. A backup power supply that will becoIne effective in the event of power failure or outage in the source of electric-
ity froIn the utility company;
B. A device that automatically silences the alarm within thirty (30) minutes after activation; and
C. A frequency other than those assigned to any police department. (Prior code ~ 13-85)
8.08.060 False burglar/robbery alarms prohibited.
No burglar/robbery alarm user shall cause, allow or pennit its burglar alarm system to give six or more false alarms in
any calendar year. (Prior code S 13-86)
8.08.070 Service charge.
The sheriff s office shall not levy a service charge for responding to the first six false burglar or robbery alarms at a
premises in a calendar year. For the seventh and all other false burglar or robbery alanns in that calendar year the sheriff s
office shall be entitled to a service charge on a sliding scale per false burglar or robbery alarm:
A. For the seventh false burglar alann in one calendar year~ by a service charge of ten dollars ($10.00);
B. For the eighth false burglar alarm in one calendar year~ by a service charge of twenty-five dollars ($25.00)~
C. For the ninth and each additional false alarm in one calendar year, by a service charge of seventy-five dollars
($75.00). (Prior code ~ 13-87)
8.08.080 Notification of false alarms.
The sheriffs office shall send, by certified mail return receipt requested, to the burglar or robbery alarm user~ an invoice
for each false burglar or robbery alarm for which a service charge is due. The alarm user shall be responsible for paying the
service charge to the sheriff s office within thirty (30) days of his or her receipt of the invoice. The employment by the
alarm user of an alarm installation, monitoring or maintenance firm or a security firm shall not relieve the alarm user of the
responsibility for the payment offalse alann service charges. All past-due service charges may be collected in the name of
Monroe County by either counsel to the sheriffs office or the county attorney's office through any available lawful means.
All false burglar or robbery alarm service charges collected shall be turned over to the clerk of the circuit court for deposit
in the tine and forfeiture fund. (Prior code S 13-88)
8.08.090 Enforcement.
Records for Sections 8.08.040 and 8.08.050 shall be maintained at the alarm control unit of the Monroe County sheriffs
office. (Prior code ~ 13-89)
8.08.100 Violations-Penalties.
Any violation of Section 8.08.040 or 8.08.050 may be prosecuted in the same manner as a misdelneanor. Violations of
Section 8.08.050 may also be prosecuted before the county's code enforcement board or pursuant to Chapter 76-435, Laws
of Florida. (Prior code S 13-90)
227
8.12.010
Sections:
8.12.010
8.12.020
8.12.030
8.12.040
8.12.050
8.12.060
8.12.070
8.12.080
8.12.090
8.12.1 00
8.12.110
8.12.120
8.12.130
8.12.140
8.12.150
8.12.160
8.12.170
8.12.180
Chapter 8.12
EMERGENCY AND NONEMERGENCY MEDICAL SERVICES
Short title.
Pu rpose.
Definitions.
Certificates required.
Procedure for obtaining certificate.
Rights and duties granted by certificate.
Renewal of certificate.
Rules and regulations.
General prohibition.
Deficiencies.
Certificate revocation, modification, suspension.
Complaint procedures.
Emergency powers.
Exclusion from certificate requirement.
Turning in a false alarm.
Violations-Penalties.
Exclusion of Monroe County transportation program provided under the social services
department.
Applica bility.
8.12.010 Short title.
This chapter shall be known and cited as the ."Monroe County Emergency and Nonemergency Medical Services Ordi-
nance of 1982.~~ (Prior code ~ 6.5-1)
8.12.020 Purpose.
The purpose of this chapter is to promote the heaJth~ safety and welfare of residents of Monroe County by establishing
uniform~ county-wide standards for certification of elnergency medical services and nonemergency medical transportation
services by providing for the adoption of rules and regulations for the operation of all emergency lnedical services and
nonemergency medical transportation services and by providing for the enforcement of this chapter and the rules and regu-
lations by representatives of the board of county commissioners. (Prior code S 6.5-2)
8.12.030 Definitions.
As used in this chapter:
I." Administrator~~ means the Monroe County administrator or designee.
..Advanced life support (ALS)" means treatment of life threatening medical emergencies through the use of techniques
such as endotracheal intubation~ the administration of drugs~ intravenous fluids~ telelnetry~ cardiac monitoring~ cardiac defi-
brillation~ by a qualified person~ pursuant to F.S. Ch. 40 1 ~ and Chapter 1 OD-66~ Florida Administrative Code.
."Advanced life support service~~ means any emergency lnedical transport or nontransport service which uses advanced
life support techniques as defined in this section.
..Advanced life support service/fire rescue~~ means any fire department which provides advanced life support services~
but which does not routinely transport those persons receiving such services.
."Ambulance~~ or ."elnergency medical services vehicle" means any privately or publicly owned land~ air or water vehicle
that is designed~ constructed~ reconstructed~ maintained~ equipped or operated for~ and is used for~ or intended to be used for
air~ land or water transportation of sick or injured persons who are in need of emergency medical attention during transport
and who lnust be transported on a stretcher.
..Alnbulance driver~~ means any person who meets the requirelnents of F.S. Ch. 401.281.
228
8.12.040
~~Basic life support (BLS)'~ means treatment of life-threatening lnedical elnergencies by a qualified person through the
use of techniques such as patient assesslnent~ basic cardiopulmonary resuscitation~ splinting~ obstetrical assistance~ bandag-
ing~ administration of oxygen~ application of medical antishock trousers~ and other techniques described in the Elnergency
Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. "~Basic life sup-
port" also includes esophageal intubation if the elnergency medical technician performing the intubation has been trained in
the skill of esophageal intubation and is performing the intubation under the medical direction of a licensed physician. Car-
diac monitoring~ telelnetry~ and the monitoring and maintenance of an intravenous fluid may be performed by a certified
emergency medical technician if such person is trained in these skills and performs them under the direction of a licensed
physician.
"~Basic life support service" means any emergency medical transport service which uses basic life support techniques as
defined in this section.
~"Board~~ means the board of county commissioners of Monroe County~ Florida.
""Certificate~~ means a certificate of public convenience and necessity issued pursuant to this chapter.
""County" means the incorporated and unincorporated areas of Monroe County ~ Florida.
""Dispatch centers" means board-approved dispatch centers in Monroe County~ Florida.
""Emergency medical services" means any person~ fmn~ corporation~ association, volunteer organization, or governmental
entity owning or acting as agent for the owner of any business or service which furnishes, operates~ conducts~ maintains,
advertises~ engages in, proposes to engage in, or professes to engage in the business or service of providing advanced life
support and/or basic life support services~ as defined in this section.
""Emergency medical technician (EMT)'~ means any person who is trained in basic life support and who is certified by the
Department of Health and Rehabilitative Services~ state of Florida~ to perform such procedures in emergency situations.
"~Medical direction" means direct physician supervision through two-way voice communication or, when such voice
communication is unavailable, through established standing orders, pursuant to F .S. Ch. 401, and Chapter] 00-66, Florida
Administrati ve Code.
""Medical director" means a licensed physician, employed or contracted by an advance life support or basic life support
service, who provides medical supervision~ not to include administrative and managerial functions~ for daily operations and
training pursuant to the provisions of F.S. Ch. 40 1 ~ Chapter 1 OD-66~ Florida Adlninistrative Code, and this chapter.
""Nonemergency medical transportation service~~ means any person~ frrm, corporation~ association, volunteer organization
or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, con-
ducts, maintains~ advertises, engages in~ proposes to engage in, or professes to engage in the business or service of air, land
or water transportation of persons who are confined to wheelchairs or stretchers and whose condition is such that these per-
sons do not need~ nor are likely to need, immediate medical attention during transport.
""Nonemergency medical transportation vehicle" means any privately or publicly owned air, land or water vehicle that is
designed, constructed~ reconstructed, maintained, equipped~ or operated for, and is used for, or intended to be used for, air,
land or water transportation of persons who are confined to wheelchairs or stretchers and whose condition is such that these
persons do not need~ nor are likely to need~ immediate medical attention during transport.
""Paramedic~~ means a person certified by the Department of Health and Rehabilitative Services, state of Florida, to per-
form basic and advanced life support procedures.
""Physician'~ means a practitioner licensed under the provisions ofF.S. Ch. 458 or 459. (Prior code S 6.5-3)
8.12.040 Certificates required.
A. It is unlawful and subject to the penalties as provided herein~ for any person~ business organization or public agency
to represent herself, him or herself or itself as an emergency medical service or nonemergency medical transportation ser-
vice or engage in the business of conducting an elnergency medical service or nonelnergency medical transportation service
without first obtaining an appropriate certificate of public convenience and necessity from the board as provided herein.
B. There shall be two categories of certificates of public convenience and necessity in Monroe County:
] . Certificates of public convenience and necessity for businesses and agencies that conduct an emergency medical
service~ titled Class A~ and
2. Certificates of public convenience and necessity for businesses and agencies that conduct a nonemergency Inedical
transportation service, titled Class B. (Prior code S 6.5-4)
229
8.12.050
8.12.050 Procedure for obtaining certificate.
A. Class A Certificate. Application for Class A certificate shall be made on forms provided by the administrator. Such
applications includes:
1. Name of service~ business mailing address and telephone number~
2. The name~ age~ address and telephone number of each owner of the elnergency Inedical service~ or if the service is a
corporation~ then the directors of the corporation and of each stockholder of the corporation~ or if the service is a volunteer
organization~ then the officers of the organization~
3. The date of incorporation or formation of the business association~
4. Level of care to be provided. Specify BLS or ALS. If ALS~ specify whether service is to include transport or non-
transport capabilities~
5. The zone that the service desires to serve~
6. The applicant's present and proposed base station and all substations~
7. The names of all elnergency Inedical technicians, paramedics and drivers to be utilized by the applicant; the roster
will include the state of Florida certification nUlnber~ date of certification expiration and any other relevant training of such
personnel~
8. The year~ model~ type, department of health ambulance permit number, mileage and state of Florida vehicle license
number of every ambulance vehicle used by the applicant;
9. A description of the applicant's communication systems., including its assigned frequency, call numbers, Inobiles,
portables., other frequencies in use., and a copy of all FCC licenses held by the applicant;
10. The names and addresses of three U.S. citizens who will act as reference for the applicant~
11 . A schedule of rates which the company will charge during the certificate period;
12. Verification of adequate insurance coverage~ during the certificate period~
13. An affidavit signed by the applicant or an authorized representative stating that all the information contained in the
application to the best of their knowledge is true and correct;
14. A copy of the applicant's contract with a medical directoc
15. A copy of all standing orders as issued by the medical director;
16. Such other pertinent information as the administrator may request;
17. An initial nonrefundable application fee of fifty dollars ($50.00).
B. Class B Certificate. Application for Class B certificate shall be made on forms provided by the administrator. Each
application includes:
1. Name of service~ business mailing address and telephone nUlnber~
2. The nalne., age~ address and telephone number of each owner of the nonelnergency medical transportation service~
or if the service is a corporation., then the directors of the corporation and of each stockholder of the corporation~ or if the
service is a volunteer organization~ then the names of its officers;
3. The date of incorporation or formation of the business association~
4. The year, mode1., type~ department of health vehicle permit number~ Inileage, passenger capacity, state of Florida
vehicle license number of every vehicle that will be used for patient transport~
5. The location of the place or places from which the applicant will operate and geographic area or areas to be served
by the applicant~
6. A description of the applicant's comlnunication systeln~ if any~ including its assigned frequencies, mobiles and
portables, and a copy of each FCC license issued for those frequencies~
7. The names and addresses of three u.S. citizens who will act as reference for the applicant;
8. A schedule of rates which the applicant will charge during the certificate period~
9. Verification of adequate insurance coverage during the certificate period~
10. An affidavit signed by the applicant or an authorized representative stating that all information provided in the ap-
plication to the best of their knowledge is true and correct~
11. A statelnent indicating the method of screening that will be used to assure that all calls responded to require only
transportation as Inay be provided by a nonelnergency medical transportation service and vehicle;
12. Such other pertinent information as the adlninistrator may request~
13. An initial nonrefundable application fee of fifty dollars $50.00)~
230
8.12.060
14. An audit to be provided to the county administrator by an independent certified public accountant of the accounts
and records of the service involved~ such audit to be done annually to coincide with the end of the business year of the ser-
vIce.
C. Review and Investigation. Upon receipt of the application~ the administrator shall review the application and con-
duct an investigation of each applicant. The administrator shall also make an investigation as to the public convenience and
necessity for an emergency medical service or nonemergency medical transportation service within the zone or area re-
quested.
D. Requirements for Board Approval in Granting Class A or Class B Certificate.
1. The board shall schedule public hearings to consider all applications for certificates. The administrator shall notifY
the applicant and all current holders of certificates by mail of the date~ time and place of the public hearings at least one
week in advance.
2. At the hearing~ the board may receive the report of the administrator~ testimony from the applicant or any other in-
terested party and any other relevant information. The board will consider the public~s convenience and the necessity for the
service in the zone or area requested and whether the applicant has the ability to provide the necessary service. The board
will consider recommendations from lTIunicipalities within the applicant's requested service zone or area. The board shall
then authorize the issuance of the certificate with such conditions as are in the public ~ s interest or deny the application~ set-
ting forth the reasons for denial. (Prior code S 6.5-5)
8.12.060 Rights and duties granted by certificate.
A. Class A and Class B certificates granted by the board shall be valid for two calendar years and shall be personal to
the applicant and not transferable. In the case of a corporation or business entity~ a new certificate must be applied for if
twenty-five (25) percent of the outstanding share of the corporation or other incidents of ownership of the business associa-
tion are transferred or undergo a change in ownership.
B. Class A certificates permit the certificate holder to provide basic life support and/or advanced life support services~
whichever is applicable~ within his or her assigned zone and inter-hospital transfers and/or inter-county transfers throughout
the county~ irrespective ofzones~ providing the service complies with all applicable laws~ ordinances and ~les and regula-
tions.
C. Class B certificates permit the certificate holder to provide nonemergency medical transportation service through-
out the county ~ providing the service complies with all applicable laws, ordinances~ and rules and regulations.
D. Acceptance of a Class A certificate by the applicant shall obligate the applicant to:
I. Provide continuous basic life support and/or advanced life support services~ whichever is applicable~ on a twenty-
four (24) hour, seven day-week basis within his or her assigned zone;
2. Provide mutual assistance responses to adjoining zones~ when requested to do so by the dispatch center for calls
when the certificate holder for that zone is unable to respond or has vehicles insufficient in number to render the services
needed;
3. Respond to all calls issued to t~ unless all vehicles are in service on other ambulance business~ incapacitated, or in-
sufficient in number to render services needed;
4. Abide by all requirements of this chapter~ and rules and regulations adopted by the board~ and all state and local
laws;
5. Provide access to the applicant's business for inspection by the administrator at reasonable times;
6. Keep posted at his or her place of business a copy of the fee schedule required by this chapter;
7. Notify the administrator of any changes in the fee schedule;
8. NotifY the administrator at least thirty (30) days prior to termination or reduction of any service.
E. The acceptance of a Class B certificate by the applicant obligates the applicant to:
1. Operate in accordance with this chapter~ the rules and regulations adopted pursuant to this chapter~ and all state and
local laws;
2. Provide access to its place of business for inspection by the administrator at reasonable times;
3. NotifY the administrator at least thirty (30) days in advance of termination or reduction of service;
4. NotifY the administrator of any changes in the fee schedule. (Prior code ~ 6.5-6)
23]
8.12.070
8.12.070 Renewal of certificate.
A. Applications for renewal of certificates of public convenience and necessity shall be made on fonns provided by the
adlninistrator and tiled no earlier than ninety (90) days nor less than sixty (60) days prior to the expiration date of the appli-
canfs current certificate.
B. All requirelnents applicable to initial applications for a certificate shall be applicable to certificate holders seeking
to renew them.
C. Renewal certificates may be approved by the board upon the recolnlnendation of the administrator without public
hearings or notice to certificate holders. However~ any actions to change zones~ modify~ suspend~ revoke or otherwise
change a certificate shall be handled as a new certificate of public convenience and necessity.
D. Recolnlnendations froln municipalities within the certificate holder's assigned zone will be considered.
E. Each application for renewal of certificate shall be accolnpanied by a twenty-five dollar ($25.00) renewal fee. (Prior
code ~ 5- 7)
8.12.080 Rules and regulations.
The administrator is authorized to prepare such rules and regulations necessary to carry out the purpose of this chapter
and shall present these rules and regulations for the consideration by the board of county commissioners at a public hearing.
The board shall consider recommendations from municipalities within its jurisdiction.
The board may adopt and subsequently amend rules and regulations adopted herein by motion, at its biweekly public
meeting, provided notice of the proposed change is given by publication not less than one week prior to consideration by the
board. (Prior code ~ 6.5-8)
8.12.090 General prohibition.
It shall be a violation of this chapter~ subject to the punishment as provided herein, for any person, business entity or
governlnental agency to:
A. Obstruct, bar or otherwise interfere with an inspection undertaken under the purview of this chapter~
B. Knowingly lnake an omission of a material fact or a false statement in any application or other document filed with
the administrator:
C. Violate or fail to observe any requirements of this chapter or any rule~ regulation or order under the provisions of
this chapter. (Prior code ~ 6.5-9)
8.12.100 Deficiencies.
A. Whenever the administrator finds, upon inspection or through information in their possession~ that a certificate
holder is not in compliance with a requirement established under this chapter or the rules and regulations, the adlninistrator
shall order the certificate holder to correct such deficiency.
B. Every such correction order includes a statement of the deficiencies found, the period prescribed within which the
deficiency must be cOITected and the provision of the law relied upon. The affected certificate holder lnay file a written re-
quest with the administrator for reconsideration of the order or any portion thereof~ within five days of the receipt of such
order. Failure of the administrator to grant~ deny or otherwise act upon a written request within seven days offiling shall be
deemed a denial of such request. (Prior code S 6.5-10)
8.12.110 Certificate revocation, modification, suspension.
Every certificate issued pursuant to this chapter is subject to revocation, modification or suspension where it is found that
any of the following has occurred:
A. The certificate holder has failed or neglected to render services as required by the certificate~ this chapter or the
rules and regulations promulgated by the board, or F.S. Ch. 40 I ~
B. The application sublnitted to secure a certificate from the board of county commissioners contains false representa-
tions~ olnitted facts:
C. The certificate holder or its agent has demanded money or other cOlnpensation in excess of that established in its
schedule of fees filed with the board pursuant to this chapter~
D. The certificate holder has failed to adequately serve the public's convenience and necessity:
232
8.12.120
E. The certificate holder has failed to comply with a correction order issued under Section 8.12.100 of this chapter.
(Prior code S 6.5-11)
8.12.120 Complaint procedures.
Complaints about the services ofa certificate holder shall be referred by the adlninistrator to the Monroe County E.M.S.
council for investigation. The council shall conduct an investigation and submit its fmdings to the administrator. The admin-
istrator shall review the cOlnplaints and the findings of the council and present a recomlnendation to the board of county
commissioners.
If the adlninistrator finds that revocation, suspension or modification ofa certificate is warranted, the administrator shall
notify the certificate holder by certified Inail, and the board of county comlnissioners in writing, of such findings. This no-
tice shall state the reasons for any finding and establish a hearing date. The hearing shall be held by the board of county
cOlnmissioners for the purpose of considering the administrator's recomlnendation. (Prior code S 6.5-12)
8.12.130 Emergency powers.
If a situation exists which poses a serious or imminent threat to the health, safety or welfare and the public need and con-
venience, the administrator shall have such temporary emergency powers as are necessary to remedy the situation. These
temporary powers are intended to provide interim solutions until the board meets to resolve the emergency situation. (Prior
code S 6.5-13)
8.12.140 Exclusion from certificate requirement.
Certificates shall not be required for:
A. A privately owned vehicle not ordinarily used in the business of transporting persons who are sick, injured,
wounded., incapacitated or helpless;
B. A vehicle rendering services as an ambulance in the event ofa major catastrophe or emergency when ambulances
with permits based in the locality of the catastrophe or emergency are incapacitated or insufficient in number to render the
services needed;
C. Ambulances based outside the county which pick up a patient in the county and transport the patient out of the
county, or which pick up a patient outside the county and transport the patient into the county;
D. Alnbulances owned and operated by the state of Florida or federal government;
E. Vehicles operated by the Monroe County transportation program;
F. A vehicle under the direct supervision of a licensed physician used as an integral part of a private industrial safety,
emergency or disaster plan within a privately owned and controlled area, which vehicle may from time to time be used to
transport persons in need of medical attention, but which is not available to the general public and which does not routinely
transport patients;
G. A fire department vehicle which is used as an integral part of a fire suppression response unit, which vehicle may
from time to time be used to transport fire fighters in need of medical attention; however, basic or advanced life support
units shall not be deemed to be exempt under this section;
H. Any organization or person that provides wheelchair transport services, if:
I. The service is a public bus systeln,
2. The service is a public or private school bus system whose major business is that of transporting school-children to
and troln school or school-related activities;
I. Any hospital utilizing its own vehicles in transporting, to or from a hospital or a medical facility, if the hospital
does not charge a fee for this service, nonemergency patients whose medical condition is such that they are confined to a
wheelchair or to a stretcher but who do not need, nor are likely to need, medical attention during transport. (Prior code
~ 6.5-14)
8.12.150 Turning in a false alarm.
Whoever, without reasonable cause, by telephone or otherwise, summons any emergency medical services vehicle pur-
suant to this chapter or reports that such a vehicle is needed when such person knows or has reason to know that the services
of such vehicle are not needed, shall be guilty of violation of this chapter subject to punishment as provided herein. (Prior
code S 6.5-15)
233
8.12.160
8.12.160 Violations-Penalties.
Any person who violates~ or who fails to cOlnply with~ any provision of this chapter is guilty ofa misdemeanor and~ upon
conviction~ shall be subject to a fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail for
not lTIOre than sixty (60) days~ or both such fine and ilTIprisonlTIent.
A separate and distinct offense shall be deemed to have been committed each time a violation occurs. (Prior code
~ 6.5-16)
8.12.170 Exclusion of Monroe County transportation program provided under the social services
department.
The Monroe County transportation program provided under the Social Services Department of Monroe County~ Florida~
shall be excluded from any and all provisions of this chapter. (Prior code ~ 6.5-17)
8.12.180 Applicability.
It is provided that this chapter shall constitute a unifonn law applicable in all the unincorporated and incorporated areas
of Monroe County~ Florida~ to the extent permitted by the Florida Constitution~ Article YIlt Section 1. (Prior code ~ 6.5-18)
234
8.16.010
Chapter 8.16
EMERGENCY TELEPHONE SERVICE
Sections:
8.16.010
8.16.020
8.16.030
Local option fee for emergency telephone service-Upper Keys.
Local option fee for emergency telephone service-Middle Keys.
Local option fee for emergency telephone service-Lower Keys.
8.16.010 Local option fee for emergency telephone service-Upper Keys.
A. hnposed. There is imposed a local option fee, done pursuant to F.S. ~ 365.17] (13), for use by the county in the pro-
vision of enhanced ~~9] I" emergency telephone service and equipment in the county. The fee shall be not Inore than fifty
cents ($0.50) per month, per exchange line, up to a maximum of twenty-five (25) exchange lines, to be paid by the local
exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive months beginning on December I,
1987.
B. Scope. This section shall be applicable through that area of Monroe County, Florida, that includes that part ofMon-
roe County, Florida, from Long Key Bridge north to the Dade County line, including all of Municipal Service Taxing Bene-
fit Districts 4-A, 4-B, 5, 6 and 7.
C. Collection of Local Option Fee. The county shall request that the company/companies providing enhanced ~"91 ]"
service and equipment to Monroe County, Florida, to collect from its subscribers in Monroe County, Florida, the local op-
tion fee imposed by this section and to remit such fees to the county.
D. Administrative Fee. The county is authorized to pay to the telephone company/companies providing enhanced
~"911" service within the boundaries of Monroe County, Florida, an administrative fee, equal to one percent of the enhanced
"~911 " fee collected by the telephone companies. (Prior code ~ 2-13)
8.16.020 Local option fee for emergency telephone service-Middle Keys.
A. Imposed. There is imposed a local option fee, done pursuant to F.S. ~ 365.171 (13), for use by the county in the pro-
vision of enhanced ""9] 1" emergency telephone service and equipment in the county. The fee shall be not more than fifty
cents ($0.50) per month, per exchange line, up to a maximum of twenty-five (25) exchange lines, to be paid by the local
exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive months beginning on December I,
1987.
B. Scope. This section shall be applicable throughout that area of Monroe County, Florida, that includes that part of
Monroe County, Florida, from the Seven Mile Bridge through the Long Key Bridge, including all of Municipal Service
Taxing Benefit Districts 2 and 3.
C. Collection of Local Option Fee. The county shall request that the telephone company/companies, providing en-
hanced ""911" service and equipment to Monroe County, Florida, to collect from its subscribers in Monroe County, Florida,
the local option fee imposed by this section and to remit such fees to the county.
D. Administrative Fee. The county is authorized to pay to the telephone company/companies providing enhanced
""911" service within the boundaries of Monroe County, Florida, an administrative fee, equal to one percent of the enhanced
~"911" fee collected by the telephone companies. (Prior code ~ 2-14)
8.16.030 Local option fee for emergency telephone service-Lower Keys.
A. Imposed. There is imposed a local option fee, done pursuant to F.S. S 365. 171 (13), for use by the county in the
provision of enhanced ""911" emergency telephone service and equipment in the county. The fee shall be not more than fifty
cents ($0.50) per lTIonth, per exchange line, up to a Inaximum of twenty-five (25) exchange lines, to be paid by the local
exchange subscribers in Monroe County, Florida, for a period of twelve (12) consecutive months beginning on December 1,
1987.
B. Scope. This section shall be applicable throughout that area of Monroe County, Florida, that includes that part of
Monroe County, Florida, from and including the city of Key West, Florida, up to and including the Seven Mile Bridge, in-
cluding all of the Municipal Service Taxing Benefit Districts I-A, I-B, ] -C and I-D.
235
8.16.030
C. Collection of Local Option Fee. The county shall request that the telephone cOlnpany/colnpanies providing en-
hanced "~911"" service and equipment to Monroe County, Florida., to collect froln its subscribers in Monroe County., Florida.,
the local option fee ilnposed by this section and to remit such fees to the county.
D. Adlninistrative Fee. The county is authorized to pay to the telephone cOlnpany/colnpanies providing enhanced
"~911'" service within the boundaries of Monroe County., Florida., an adlninistrative fee, equal to one percent of the enhanced
""911'" fee collected by the telephone cOlnpanies. (Prior code S 2-15)
236
8.20.0 I 0
Chapter 8.20
FIRE ALARM SYSTEMS
Sections:
8.20.010
8.20.020
8.20.030
8.20.040
8.20.050
8.20.060
8.20.070
8.20.080
Purpose of regulations.
Scope of regulations.
Definitions.
Fire alarms-Posting requirements.
False fire alarms prohibited.
Inspection requirements.
Viola tio ns-Pena Ities.
Enforcement.
8.20.010 Purpose of regulations.
The purpose of this chapter is to place responsibility on alarm users to prevent~ by use of appropriate mechanical~ electri-
cal~ or other means~ false fire alarms. (Prior code S 6.6-7(a))
8.20.020 Scope of regulations.
The provisions of this chapter shall apply to unincorporated Monroe County. (Prior code ~ 6.6-7(b))
8.20.030 Definitions.
As used in this chapter:
~"Alarm user" means the person or other entity that owns~ possesses~ controls~ occupies~ or manages any premises a de-
fined below.
~"False fire alarm'~ means a signal from a fire alann systeln that elicits a response by the fire department when no actual
or threatened fire-related emergency exists. This definition includes signals activated by negligence, accident, mechanical
failure~ and electrical failure; signals activated intentionally in nonemergency situations; and signals for which the actual
cause of activation is unknown. It is a rebuttable presumption that a fire alarm is false ifpersonnel responding from the fire
department do not discover any evidence of fire or other emergency after following normal fire department operating proce-
dures in investigating the incident. An alarm is not false if the alarm user proves that:
I. An individual activated the alarm based upon a reasonable belief that a fire-related emergency existed;
2. The alann system was activated by lightning or an electrical surge that caused physical damage to the system~ as
evidenced by the testimony of a licensed alarm system contractor who conducted an on-site inspection and personally ob-
served the damage to the system; or
3. The alarm was activated by vandals.
~"Fire alann system'~ Ineans any assembly of equipment, mechanical or electrical~ arranged to signal the occurrence of
fire-related emergency requiring urgent attention and to which fire departlnent personnel may reasonably be expected to
respond~ but does not include such alarms installed in residential buildings of four units or less.
""Premises" means the building or structure or portion of a building or structure upon which is installed or maintained a
fire alann system. (Prior code ~ 6.6-7( c))
8.20.040 Fire alarms-Posting requirements.
A fire alarm user shall conspicuously post at the main entrance to the alarm user's premises a notice stating:
A. The name of an individual or alarm company able and authorized to enter the premises and deactivate the alarm;
B. Emergency telephone numbers by which those individuals can be reached at all tilnes;
C. The nalne and address of the alarm user. The information Inust be kept current~ and failure to update this informa-
tion within forty-eight (48) hours of any change constitutes a violation of this chapter~
D. A standard fire alarm tag~ complying with division of state Fire Marshal Uniform Fire Safety Rules and Standards
Chapter 4A-48. (Prior code S 6.6-7(d))
237
8.20.050
8.20.050 False fire alarms prohibited.
No fire alarm user shall cause~ allow~ or permit its fire alann systeln to give three or more false fire alarms in any calen-
dar year. (Prior code ~ 6.6-7(e))
8.20.060 Inspection requirements.
After the second and each additional false fire alarm in one calendar year~ the alarm user Inust within thirty (30) days file
a written certificate with the fire marshal" s office froln a licensed fire alarm system contractor stating that the fire alann
system has been inspected since the last false fire alann and is functioning properly. (Prior code ~ 6.6-7(f))
8.20.070 Violations-Penalties.
Each violation of this chapter shall be punished as follows:
A. For a first violation of Section 8.20.040~ a written warning to be issued.
B. For a second and each additional violation of Section 8.20.040~ by a fine of two hundred fifty dollars ($250.00).
C. For the third false fire alarm in one calendar year~ by a fine of two hundred fifty dollars ($250.00).
D. For the fourth and each additional false fire alarm in one calendar year~ by a fine of two hundred fifty dollars
($250.00).
E. For a first violation of Section 8.20.060~ a written warning to be issued.
F. For a second and each additional violation of Section 8.20.060~ by a fine of two hundred fifty dollars ($250.00).
(Prior code ~ 6.6-7(g))
8.20.080 Enforcement.
The provisions of this chapter shall be enforced by the fire prevention bureau of the fIfe marshars office. (Prior code
~ 6.6-7(h))
238
8.24.010
Chapter 8.24
FIREWORKS
Sections:
8.24.0 10
8.24.020
8.24.030
Permit required.
Supervision.
Time limit on permit.
8.24.0 10 Permit req uired.
A. A permit for the display offireworks~ as defined under F.S. S~ 791.01 and 791.02~ shall be acquired from the Mon-
roe County fire marshal. The fire marshal of Monroe County will approve the application for a fireworks pennit only if
safety conditions and provisions of law are met. An application for a fireworks display must be received by the Monroe
County fire marshal at least thirty (30) days in advance of the date of display under written procedures and on a form ap-
proved by the board of county commissioners. Any indelnnification and hold-harmless agreement on behalf of the board of
county cOlnmissioners should be approved by the board of county commissioners.
B. The fire marshal shall determine that the applicant has purchased a liability insurance policy of not less than five
hundred thousand dollars ($500~OOO.00) per person or one million dollars ($1 ~OOO~OOO.OO) per incident for all claims~ that
the county is named as a coinsured~ that the county will be held hannless froln any liabilities relative to the display of fire-
works under the permit~ and that the county will be afforded a defense to any action.
C. Further~ the fire marshal shall require that the fireworks display will be supervised by a person trained in pyrotech-
nics. (Prior code S 13-4(a))
8.24.020 Supervision.
Such fireworks shall not be displayed within one hundred (100) feet of a building of any sort~ nor shall such public dis-
play of fireworks be conducted within one-half mile of any hospital~ nursing home or nursing care center. (Prior code
S 13-4(b))
8.24.030 Time limit on permit.
Any permit issued shall be for a time not to exceed four hours and shall state with certainty on the application where~
during what hours and the time the display shall be exhibited. Further rules and regulations where indicated and needed
shall be adopted by this commission on the recommendation of the public works department. (Prior code S 13-4( c)
239
8.28.010
Chapter 8.28
HAZARDOUS WASTE
Sections:
8.28.010
8.28.020
8.28.030
Definitions.
County administrator-Duties during release of a hazardous substance, pollutant or
contaminant..
County administrator-Authority to seek reimbursement for costs incurred from hazardous
release.
8.28.010 Definitions.
As used in this chapter:
'''Hazardous substance" means:
1. Any substance designated pursuant to 33 USCS S 1321 (b )(2)(A)~
2. Any element, compound, mixture, solution, or substance designated pursuant to 42 USCA 9602~
3. Any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid
Waste Disposal Act [42 USCA S 6921] (but not including any waste the regulation of which under the Solid Waste Disposal
Act [42 USCA * 6901 et seq.] has been suspended by Act of Congress)~
4. Any toxic pollutant listed under 33 USCS * 1317(a)~
5. Any hazardous air pollutant listed under Section 112 of the Clean Air Act [42 USCA * 7412]; and
6. Any imminently hazardous chelnical substance or Inixture with respect to which the EP A administrator has taken
action pursuant to 15 USCS ~ 2606. The term does not include petroleum, including crude oil or any fraction thereofwhich
is not otherwise specifically listed or designated as a hazardous substance under subdivisions 1 through 6 of this subsection,
and the term does not include natural gas, natural gas liquids, liquified natural gas, or synthetic gas usable for fuel (or mix-
tures of natural gas and such synthetic gas).
~"Pollutant'l'l or "contaminant" shall include, but not be limited to, any element, substance, compound, or mixture, includ-
ing disease-causing agents, which after release into the environment and upon exposure, ingestion, inhalation, or assimila-
tion into any organism, either directly froln the environment or indirectly by ingestion through food chains, will or may rea-
sonably be anticipated to cause death, disease, behavioral abnonnalities, cancer, genetic mutation, physiologicallnalfunc-
tions (including malfunctions in reproduction) or physical defonnations, in such organisms or their offspring~ except that the
tenn ""pollutant or contaminant" shall not include petroleum, including crude oil or any fraction thereof which is not other-
wise specifically listed or designated as a hazardous substance under said definition of this section, and shall not include
natural gas, liquified natural gas, or synthetic gas of pipeline quality (or Inixtures of natural gas and such synthetic gas).
~'Release''l means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching,
dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other
closed receptacles containing any hazardous substance or pollutant or contalninant) within Monroe County but excludes:
1. Any release which results in exposure to persons solely within a workplace, with respect to a claim which such per-
sons lnay assert against the employer of such persons:
2. Elnissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station
engine ~
3. Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the
Atomic Energy Act of 1954 [42 USCA ~ 2011, et seq.], if such release is subject to requirements with respect to financial
protection established by the Nuclear Regulatory Commission under Section 170 of such Act [42 USCA S 22] 0] ~ and
4. The normal application of fertilizer.
For the purposes of this chapter, ""release" also lneans the threat of release. (Ord. 022-2004 ~ 19~ prior code * 8-111)
8.28.020 County administrator-Duties during release of a hazardous substance, pollutant or
contaminant.
A. In the event of the release of a hazardous substance, pollutant or contaminant, the county administrator is author-
ized to act by undertaking temporary emergency response measures to prevent or lnitigate injury to human health or the
240
8.28.030
environlnent associated with the release. The measures may include, but are not lilnited to, security fencing, source control,
release containlnent, neutralization or other treatment methods, contalninated runoff control, and similar activities which
mitigate the ilnmediate threats to human health and the environment. All temporary emergency Ineasures undertaken by the
county adlninistrator shall, when possible, be consistent with the Comprehensive Environlnental Response Compensation
and Liability Act (CERCLA, 42 USCA 9601, et seq.) the National Contingency Plan (42 USCA 9605), and the Emergency
Planning and Community Right-To-Know Act (42 USCA 11001, et seq.).
B. The county administrator shall, within twenty-four (24) hours of undertaking the temporary emergency response
Ineasures., contact the US Environmental Protection Agency (EPA) or the US Coast Guard (USCG) to provide the federal
government with an opportunity to determine if a federal response is necessary.
C. No later than the date of the completion of the temporary elnergency response measures to the release of hazardous
substances, pollutants or contaminants., the county administrator shall seek reimbursement of the cost to the county of those
measures from all potentially responsible parties and their insurance companies to the full extent allowed by federal and
state law. In addition, the county administrator shall actively seek out any grants or reimbursement which may be available
from the state of Florida to cover the costs of the county's temporary emergency response. (Prior code ~ 8-112)
8.28.030 County administrator-Authority to seek reimbursement for costs incurred from hazardous
release.
A. Ifafter sixty (60) days from the date of completion of the county's temporary emergency response to the release of
hazardous substances., pollutants or contalninants, it reasonably appears to the county administrator that any potentially re-
sponsible parties or their insurance companies are unwilling or unable to pay the cost of the county"s response and that re-
imbursement or a grant from the state of Florida is unlikely, the county administrator is authorized to file an application
with the EP A pursuant to 42 USCA 9623 and 40 CFR 310 for reimbursement of those costs allowed under the statute and
rule. The application shall be filed not later than one year after the date of the completion of the county's emergency re-
sponse.
B. Ifsubsequent to the county's receipt of reimbursement from the EPA, the county obtains a recovery for the tempo-
rary emergency response costs from a potentially responsible party, an insurance company, the state of Florida, or other
source, the county administrator is authorized to direct the clerk to refund the amount of the EP A reimbursement to that
agency.
C. If the county receivesEP A reimbursement for the temporary emergency response., the county administrator and
clerk are directed to retain all county records pertaining to that reimbursement for a period often (10) years from the date of
the receipt of the reimbursement. Upon the expiration of the ten (10) years, the records shall not be disposed of until the
EP A is contacted pursuant to federal law.
D. Federal law only allows for one application for reimbursement regardless of the number of local governments
which incurred costs in the temporary emergency response release of hazardous substances., pollutants or contaminants.
Therefore., if the county and another local government (e.g. the city of Key West)join in a telnporary emergency response,
the county administrator is authorized to represent the county in any negotiation with the other local government with regard
to which entity shall file the EP A application and the equitable division of any reimbursement received from the EP A. The
county comlnission shall., however, approve any agreement reached by the county administrator before such shall become
binding on the county. (Ord 022-2004 S 20~ prior code S 8-113)
241
8.32.0 I 0
Chapter 8.32
NOISE CONTROL
Sections:
8.32.0 10
8.32.020
8.32.030
8.32.040
8.32.050
8.32.060
8.32.070
8.32.080
Applicability.
Definitions.
Prohibition against unreasonable noise-Sound-proofing requirement.
Emergency exception.
Motor vehicle noise emissions.
Special variance.
Liability-Penalties and enforcement.
Other remedies and citizen suits.
8.32.010 A pplica bility.
This chapter shall apply to all sound or noise originating from a sound source within the unincorporated area of Monroe
County. (Prior code ~ 13-51)
8.32.020 Definitions.
As used in this chapter~ the following terms and phrases~ shall have the meanings ascribed to them in this section~ except
where the context clearly indicates a different meaning:
""Customary sleeping hours~' means the period oftilne commencing at ten p.ln. and ending at eight a.m. the following
morning~ except that on Friday and Saturday nights~ the period shall commence at eleven p.m. rather than ten p.m. On the
New Year's Eve holiday~ the period shall not commence until one a.m. on January 1st.
"~Emergency" or "~elnergency work" means any occurrence or set of circulnstances involving or creating actual or imlni-
nent physical trauma or property damage which delnands immediate attention.
"~Person" means any individual~ entity~ association, corporation~ or partnership, including any officer, elnployee~ depart-
ment, agency, or instrumentality of the United States~ a state, or any political subdivision or Inunicipality.
"~Property boundary" means the imaginary line along the surface~ and its vertical plane extension, which separates the
real property owned~ rented~ or leased by one person from that owned~ rented~ or leased by another person.
"~Public right-of-way'~ means any street~ avenue, boulevard~ lane~ highway~ sidewalk~ alley, or similar place nonnally
accessible to the public which is owned or controlled by a governmental entity or which has been dedicated to use or access
for the benefit of the public or adjacent property owners.
"~Soundproof' means any physical arrangement or configuration of a building which is sufficient to prevent the sound of
live entertainment or alnplified. sound froln constituting unreasonable noise within any residence or residential property~ or
from any other nonresidential establishment more than two hundred (200) feet away from a property boundary of the sound
source.
"~Unreasonable noise" Ineans:
I. Any noise of which with the exercise of reasonable care~ the maker or operator should know is loud and raucous
due to its volume~ character~ duration~ tilne of occurrence~ or the number of persons affected~ regardless of its source or con-
tent~ or
2. Any noise which equals or exceeds a measured sound level of sixty (60) dBA for more than ten (10) percent of any
measurement period which shall not be less than ten (10) Ininutes when Ineasured at or beyond any property boundary of the
sound source. (Prior code ~ 13-52)
8.32.030 Prohibition against unreasonable noise-Sound-proofing requirement.
A. No person shall make, continue~ or cause to be made any unreasonable noise.
B. Ifa complaint arises from a multistory structure, the detennination of whether such sound constitutes unreasonable
noise shall be made from a story height equal to that of the sound source.
C. Any cOlTIlnercial structure or property that provides live entertainment or amplified sound~ including any portable
structure or vehicle of any type~ shall be fully enclosed and sound-proofed whenever such live entertainlTIent or amplified
242
8.32.040
sound is provided during customary sleeping hours. No person shall~ during customary sleeping hours., Inake., continue or
cause to be made any live entertainment or amplified sound in or on such commercial structure or property except within a
fully enclosed and sound proofed structure. The occasional escape of noise resulting froln the opening of access doors is
expected and the briefperiod of noise therefrom shall not constitute a per se violation of this subsection., but ifescape noise
is unreasonable noise., it shall constitute a violation of subsection A of this section. (Prior code S 13-53)
8.32.040 Emergency exception.
The provisions of this chapter shall not apply to the emission of sound for the purpose of alerting persons to the existence
of an emergency or emergency vehicle or the performance of emergency work. (Prior code ~ 13-54)
8.32.050 Motor vehicle noise emissions.
A. On Right-of-Way. Motor vehicles operating on the public right-of-way are regulated as set forth in F.S. Ch. 403.
B. Off Right-of-Way. No person shall operate or cause to be operated any lnotor vehicle offa public right-of-way in
violation of this chapter. This chapter shall apply to all motor vehicles~ whether or not duly licensed or registered., including
but not limited to commercial or recreational racing vehicles~ motorcycles~ dirt bikes~ lnopeds~ go-carts., amphibious vehi-
cles~ campers~ power boats., personal watercraft., or any other engine-powered vehicle. (Prior code S 13-55)
8.32.060 Special variance.
A. Application and Determination. Upon application to the planning director~ a special variance may be granted froln
the provisions of this chapter. A special variance may be granted only if the planning director detennines that compliance
with this chapter would cause an unreasonable hardship on the applicant., community or other person. In determining
whether to grant or deny the application., the planning director shall balance the hardship on the applicant~ the community ~
and other persons against the adverse impact on the health~ safety~ and welfare of the person and property to be affected. In
granting or denying an application~ the planning director shall issue to the applicant a written decision stating the reasons
therefor. Applicants or any persons contesting the application may be required to submit any information the planning direc-
tor may reasonably require. A special variance shall not be granted to apply for more than three hundred sixty-five (365)
days from the date on which it was granted. Applications for extensions~ renewals~ or modifications to special variances
shall be treated like applications for initial variances.
B. Notice and Time Requirements. Notice of an application for a special variance shall be given by the planning direc-
tor by registered mail to any adjacent property owner if the activity to be exempted is to be a fixed site. Such notices shall
be Inailed within five business days of the planning director's receipt of a completed application for a special variance.
Within ten (10) business days of the planning director"s receipt ofa completed application~ he or she shall cause to be pub-
lished in a newspaper of general circulation a public notice describing the proposed special variance and informing any per-
sons who believe they may be adversely affected if the special variance is granted of the method and ability to file a protest.
Any person who claims to be adversely affected shall file a statement containing any information to support his or her
claim. Such statements must be filed within five days of receipt of the planning director~s notice or the date of publication of
the notice of special variance. Upon a determination that the application is complete~ the tilne has expired for filing of pro-
tests., and that any additional infonnation needed has been received~ the planning director shall render a decision granting or
denying the special variance within two business days. The planning director shall notify the applicant and all persons who
protested the application of his or her decision by registered mail no later than the business day following the day the deci-
sion was rendered.
C. Appeals. The applicant or any person who protested the special variance may appeal the planning director"s deci-
sion to the board of county commissioners ("BOCC") by filing a notice of appeal with the planning director within five
business days of receipt of the planning directors decision. The planning director shall agenda the appeal for the next regu-
larly scheduled BaCC meeting and shall translnit to the BOeC a coherent and orderly record of the special variance file in
his or her custody. If the planning director determines that there is insufficient time to transmit the record in time for the
next regularly scheduled Boee lneeting~ he or she shall agenda the appeal for the following regularly scheduled meeting. If
time is of the essence~ he or she may request the mayor to schedule a special meeting. The Baee shall entertain appeals
pursuant to this section on the record but shall allow the applicant and any person who protested the application to make
such arguments based on the record as they may choose~ subject to any reasonable time limits the BOee may detennine.
The BaCes appellate review shall be de novo. The BOeC may request the planning director to elaborate upon or explain
243
8.32.070
any documents or other evidence in the record. Upon conclusion of the parties' argument and the receipt of any COlnlnents
from the planning director, the BOCC may affirm, reverse, or Inodify the decision of the planning director based on the
BOCC"s evaluation of the record, and the arguments and comments presented. The BOCC"s decision shall be made by reso-
lution and shall state the reasons and/or findings in support thereof. (Prior code S 13-56)
8.32.070 Liability-Penalties and enforcement.
A. Liability. The maker or creator of a noise and the operator and/or owner of its sound source shall each be subject to
liability for violations of this chapter. Ifprosecutedjointly., each shall be jointly and severably liable for any fines itnposed
pursuant to this chapter.
B. Penalties and Enforcement. A violation of this chapter shall be punishable as a second degree Inisdelneanor and by
a fine of up to five hundred dollars ($500.00) per day, per violation and/or by imprisonment In the county jail for not Inore
than sixty (60) days. Violators of this chapter Inay be prosecuted in county court in the name of the state by the State Attor-
ney through citation or Information. Code enforcelnent may also enforce the terms of this chapter by bringing the case be-
fore a speciallnaster pursuant to Code Section 1.08.040 or by citation under Code Section 1.08.120, F.S. ~ 162.21 (as may
be alnended), and 76-435. Laws of Florida (as may be alnended). Ifa code enforcement citation is issued, the fine shall be
two hundred fifty dollars ($250.00) for a first offense and five hundred dollars ($500.00) for subsequent offenses. In addi-
tion, the occupational license issued for a cOlnmercial entity Inay be revoked by the speciallnaster of court of competent
jurisdiction upon a finding of two or more violations of this chapter by the same entity. (Ord. 022-2004 S 2] ~ prior code
~ 13-57)
8.32.080 Other remedies and citizen suits.
In addition to any other remedy available to the county (including code enforcement pursuant to F.S. Ch. 162), the
county or any other adversely affected party may enforce the terms of this chapter in law or equity. Any citizen of the
county may seek injunctive reliefin a court of competent jurisdiction to prevent a violation of this chapter. No provision of
this chapter shall be interpreted to prevent any person from commencing a civil action on his or her own behalf against any
person who is alleged to be in violation of any provision of this chapter. Attorney"s fees and costs incurred in an action to
enforce these regulations may be awarded to a substantially prevailing party in the discretion of the court. (Prior code
~ 13-58)
244
8.36.0 10
Chapter 8.36
NUISANCES
Sections:
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
8.36.070
Definitions.
Nuisance abatement board-Organization.
Operating procedures.
Conduct of hearings.
Appeals.
Enjoining of nuisances.
Rights preserved.
8.36.010 Definitions.
As used in this chapter:
"Board" means the nuisance abatement board of Monroe County.
""Clerk" means person appointed by the county adlninistrator to perform the clerical duties necessary to carry out the ac-
tivities of the nuisance abatement board.
""Code enforcement office attorney" means the attorney, independent of the county attorney, hired to prosecute cases be-
fore the county's code enforcement board.
""County attorney" means the legal counselor for the county or such assistant county attorney as may from time to time be
designated.
""Operator" Ineans tenant, lessee or person having control or possession of the prem ises.
""Public nuisance" means any place or premises within the unincorporated area of Monroe County which has been used
on more than two occasions as the site of the unlawful sale or deliver of controlled substances as defined in F.S. Ch. 893.
(Prior code ~ 11.5-1)
8.36.020 Nuisance abatement board-Organization.
A. There is created and established a nuisance abatement board to hear evidence relating to the existence of drug-
related public nuisances on premises located in the unincorporated areas of Monroe County, Florida. Such board shall con-
sist of five members appointed by a majority vote of the board of county commissioners for two-year terms and shall be
removable only for cause, except as set forth at subsection B of this section. Members of the nuisance abatement board shall
be persons who reside or maintain business establishments in the unincorporated areas of Monroe County. Melnbership on
the board shall include one representative from each of the five districts of Monroe County. The chairperson of the board
shall be an attorney duly licensed by the state of Florida with trial experience.
B. The initial appointments to the nuisance abatement board shall be as follows:
1. Two members appointed for a term of two years~ and
2. Two members and the chairperson appointed for a term of one year.
Upon expiration of initial terms, subsequent appointments for two years shall be made. Any member may be reappointed
by the board of county cOlnmissioners for not more than three consecutive tenns. Appointments to fill a vacancy shall be for
the remainder of the unexpired term. Any member who fails to attend two of three successive meetings without cause and
without prior approval of the chairperson shall automatically forfeit his or her appointment, and the board of county com-
missioners shall promptly fill such vacancy for the remainder of the term.
C. The presence of three or more members shall constitute a quorum. Members shall be compensated at the rate of
fifty dollars ($50.00) for each abatement board session attended, and shall be reilnbursed for such travel, Inileage and per
diem expenses as may be authorized for county employees by this code. (Prior code ~ 11.5-2)
8.36.030 Operating procedures.
A. Any employee, officer or resident of Monroe County may file a complaint and request for prosecution with the
code enforcelnent office attorney, on forms provided by the code enforcement office attorney, regarding the existence on
premises located in the unincorporated areas of Monroe County of a public nuisance as defined in Section 8.36.010, and the
245
8.36.040
code enforcement office attorney shall then give not less than three days written notice of such complaint to the owner of
the place or prelnises cOlnplained of at the owner's last-known address.
B. The code enforcement office attorney, when he or she has received the aforesaid cOlnplaint and request for prosecu-
tion and has reason to believe that a public nuisance as defined in Section 8.36.0 10 exists on the prelnises cOlnplained of
and located in the unincorporated areas of Monroe County, and that the aforesaid written notice has been duly sent to the
owner of the premises, shall prolnptly request a hearing before the nuisance abatelnent board.
C. Service. The nuisance abatement board, through its clerk, shall schedule a hearing, and written notice of the hearing
shall be sent by certified mail or hand delivered by a code enforcement officer to the owner and operator of the premises
complained of at their last-known address at least fourteen (14) days prior to the scheduled hearing. If an attempt to reach
the owner and operator by hand delivery or certified mail is unsuccessful, notice of the hearing may be by publication as
provided in F.S. Ch. 49, with the first date of publication being at least fourteen (14) days prior to the scheduled hearing.
D. The aforesaid notice of hearing includes:
I. A statelnent of the time, place and nature of the hearing~
2. A statement of the legal authority and jurisdiction under which the hearing is to be held~
3. A reference to the particular sections of the statues and ordinances involved~
4. A short and plain statement summarizing the incidents complained of. (Prior code ~ 11.5-3)
8.36.040 Conduct of hearings.
A. The chairperson of the board may call hearings of the board. Hearings lnay also be called by written notice signed
by at least three members of the board. The board, at a hearing, may set a future hearing date. The board shall attempt to
convene no less frequently than once every month but may meet more or less often as the demand necessitates. The board
shall adopt rules, with the concurrence of the code enforcement office attorney, for the conduct of its hearings. Tape re-
corded or electronically recorded minutes shall be kept of all hearings, and all hearings shall be open to the public. The
county administrator shall provide clerical and administrative personnel as may be reasonably required for the proper per-
formance of the board's duties.
B. The code enforcement office attorney shall present cases before the board. All parties shall have an opportunity to
present evidence and argument on all issues involved, to conduct cross-exalnination and submit rebuttal evidence, and to be
represented by counsel. When appropriate., the general public may be given an opportunity to present oral or written cOln-
munications~ and if the board proposes to consider such material, then all parties shall be given an opportunity to cross-
examine, challenge or rebut. The board may consider any evidence, including evidence of the general reputation of the place
or premises, in arriving at a decision. All testilnony shall be under oath and shall be recorded. Formal rules of evidence shall
not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the board shall be
based on competent and substantial evidence.
C. During the course of any hearing, all questions concerning the admissibility of evidence, procedural or substantive
due process, or issues of law shall be decided by the chairperson only.
D. After considering all evidence, the board may declare the place or premises to be a public nuisance as defined in
Section 8.36.0 I 0 and may enter an order immediately prohibiting:
I. The maintaining of the nuisance~
2. The operating or maintaining of the place or premises~ or
3. The conduct, operation or maintenance of any business or activity on the prelnises which is conducive to such nui-
sance.
All orders of the board shall be by motion approved by a majority of those members present and voting. The chairperson
may pass the gavel and second motion if no other second is forthcoming.
E. An order entered under subsection A of this section shall expire after one year or at such earlier time as stated in the
order. The board may retain jurisdiction to modify its orders prior to the expiration of such orders.
F. The board may bring a complaint under F.S. ~ 60.05, seeking a pennanent injunction against any public nuisance.,
and may bring an action in the circuit court of the 16th Judicial Circuit to enforce its orders. The county attorney shall not
represent the board in these actions. The board may utilize the services of the code enforcement office attorney or the
county administrator may appoint other legal counsel to represent the board in these actions and pay reasonable costs and
attorney's fees for such representation. (Prior code ~ 11.5-4)
246
8.36.050
8.36.050 Appeals.
An aggrieved party, including the board of county comlnissioners, may appeal a final adtninistrative order of the nui-
sance abatement board to the circuit court of the ] 6th Judicial Circuit. Such an appeal shall not be a hearing de novo but
shall be limited to appellate review of the record created before the board. An appeal shall be filed within thirty (30) days of
the date of the written order appealed from. (Prior code ~ 11.5-5)
8.36.060 Enjoining of nuisances.
When any nuisance as defined in F.S. S 823.05 exists, the county attorney or any citizen of the county may sue in the
name of the state on his or her relation to enjoin the nuisance, the person or persons maintaining it, and the owner or agent
of the building or ground on which the nuisance exists. (Prior code ~ ] 1.5-6)
8.36.070 Rights preserved.
This chapter does not restrict the right of any person to proceed against any public nuisance under F.S. S 60.05. (Prior
code ~ 11.5-7)
247
8.40.010
Chapter 8.40
SALE OF DETERGENTS
Sections:
8.40.010
8.40.020
8.40.030
8.40.040
Detergent defined.
General prohibition.
Exemption.
V io la tio ns-Pena Ities.
8.40.010 Detergent defined.
"~Detergenf~ is any synthetic surface active product in any fonn used with water for laundry (including presoaking)~
household~ institutional~ industrial or other washing purposes. (Prior code S 13-11 (1))
8.40.020 General prohibition.
A. It is unlawful for any person~ firm or corporation to sell~ offer to expose for sale~ give or furnish any detergent~ con-
taining Inore than 0 percent to 0.5 percent phosphorus by weight~ within the unincorporated and incorporated areas ofMon-
roe County ~ Florida.
B. The concentration of phosphorus by weight shall be determined by the method used by the Florida Departlnent of
Environmental Regulation. (Prior code S 13-11 (2))
8.40.030 Exemption.
A. Any detergent manufactured for use in lnachine dishwashing which contains less than or equal to one and one-tenth
graIns of phosphorus per tablespoon of detergent is exempted from the general prohibition.
B. The concentration of phosphorous by product density shall be determined by the lnethod used by the Florida De-
partlnent of Environmental Regulation.
C. Industrial and institutional autolnatic dishwashing products shall be exempt from this chapter for an additional three
months from the effective date of this chapter. (Prior code S 13-11 (3))
8.40.040 Violations-Penalties.
Violations of this chapter may be prosecuted in the same Inanner as misdemeanors are prosecuted. In such cases~ the vio-
lations shall be prosecuted in the name of the state in a court havingjurisdiction over misdemeanors by the prosecuting at-
torney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by ilnpris-
onlnent in the county jail not to exceed sixty (60) days or by both such fine and itnprisonment. Violations may also be
prosecuted through proceedings before the Monroe County code enforcelnent board, or pursuant to Chapter 76-435~ Laws of
Florida~ or through any other lawfully available means including civil and injunctive relief. (Prior code S 13-11 (4))
248
8.44.0 10
Chapter 8.44
SPEARGUNS
Sections:
8.44.010
8.44.020
8.44.030
Speargun defined.
Prohibited activity.
V io la tio ns-Pena Ities.
8.44.010 Speargun defined.
A ~~speargun" is any device whether comlnercially Inanufactured or handmade, which is so designed and constructed so
as to be capable of forcefully discharging at great velocity any spear or any similar projectile in a direction detennined by
the user thereof for a distance greater than two feet (twenty-four (24) inches) whether or not such spear or projectile is teth-
ered to the firing apparatus or otherwise limited in its range. No distinction shall be made as to the mechanical construction
or physical nleans utilized in such devices to create the potential energy necessary to eject or fire such spear or silnilar pro-
jectiles. (Prior code S 13-5(a))
8.44.020 Prohibited activity.
It is unla,vful for any person to use, fire or discharge any speargun, as defined above., on or below the surface of any
Inanlnade canal in the unincorporated areas of Monroe County. (Prior code S 13-5(b))
8.44.030 Violations-Penalties.
Any person convicted of a violation of this chapter shall be penalized in accordance with Section 1.16.0 I 0 of the Monroe
County Code. In addition, any person convicted ofa violation of this chapter shall forfeit the speargun used by such person
in committing such offense to the Monroe County Sheriff for destruction of same by the sheriff in the same manner as for-
feited tirearrns are disposed of by the sheriff. (Prior code S 13-5( c))
249
Chapters:
9.02
9.04
9.06
9.08
9.10
9.12
9.14
9.16
9.18
9.20
9.22
9.24
9.26
9.28
9.30
9.32
9.34
9.36
9.38
9.40
9.42
9.44
9.46
9.48
9.50
9.52
9.54
9.56
9.58
9.60
9.62
9.64
9.66
9.68
9.70
Title 9
LAND ACQUISITION AND DEVELOPMENT
General Provisions and Definitions
Decision-Making and Administrative Bodies
Generally
Planning Commission
Department of Planning
Development Approval Generally
Development Approval as of Right
Conditional Uses
Plat Approval
Development Agreement Authorization
Building Permits
Residential Rate of Growth Ordinance
(ROGO)
Nonresidential Rate of Growth Ordinance
Nonconformities
Beneficial Use Determinations
Vested Rights Determinations
Land Use Districts
Permitted Uses
Home Occupation Special Use Permits
Land Use Intensity and Density
Bulk Regulations
Development Standards
Floodplain Management
Energy and Water Conservation Standards
Environmental Standards
Parking and Loading Standards
Landscaping
Scenic Corridors and Bufferyards
Outdoor Lighting
Signs
Access Standards
Resource Extraction
Wireless Communications Facilities
Sexually Oriented Businesses
Historical, Cultural, Archeological and
Architectural Landmarks
Tax Exemption for Historic Properties
251
9.72 Areas of Critical County Concern
9.74 Impact Fees
9. 76 Vacation Rental Permits
9.78 Variances
9.80 Hearing Officer Review
9.82 Appeals
9.84 Amendments
9.86 Miscellaneous Land Use Regulations
9.88 Land Acquisition Program
252
9.02.010
Chapter 9.02
GENERAL PROVISIONS AND DEFINITIONS
Sections:
9.02.010
9.02.020
9.02.030
9.02.040
9.02.050
Pu rpose.
A pplica bility.
Rules of construction.
Definitions.
V io la tio ns-Penalties.
9.02.010 Purpose.
It is the purpose of this title~ the land developlnent regulations~ to establish the standards~ regulations~ and procedures for
review and approval of all proposed development of property in unincorporated Monroe County~ and to provide a develop-
ment revie"r process that will be comprehensive~ consistent and efficient in the ilnplementation of the goals~ policies and
standards of the comprehensive plan.
In order to foster and preserve public health~ safety~ comfort and welfare~ and to aid in the harmonious~ orderly and pro-
gressive development of the unincorporated areas of Monroe County~ it is the intent of this title that the development proc-
ess in Monroe County be efficient~ in terms of time and expense~ effective~ in terms of addressing the natural resource and
public facility implications of proposed development~ and equitable~ in terms of consistency with established regulations
and procedures~ respect for the rights of property owners~ and consideration of the interests of the citizens of Monroe
County .
The board of county commissioners deems it to be in the best public interest for all development to be conceived~ de-
signed and built in accordance with good planning and design practices and the minimuln standards set forth herein. (Prior
code S 9.5-1)
9.02.020 Applicability.
A. General Applicability. The provisions of this title shall apply to all land in unincorporated Monroe County. All de-
velopment of whatever type and character~ whether permitted as of right or as a conditional use~ shall comply with the de-
velopment standards and the environmental design criteria set forth in Chapters 9.32 through 9.62. No developlnent shall be
undertaken 'Nithout prior approval and issuance of a development permit under the provisions of this title and other applica-
ble laws andl regulations.
B. Exception.
1. The provisions of this title and any amendments hereto shall not affect the validity of any lawfully issued and effec-
tive building permit~ provided that construction authorized by such permit has been commenced prior to the effective date of
this title or any amendment hereto~ and provided that construction continues without interruption until development is com-
plete. In the l~vent a building permit expires~ then all further development shall be in conformance with the requirements of
the cOlnprehensive plan.
2. Notwithstanding the provisions of the Monroe County comprehensive plan and this title~ the holder of a valid build-
ing permit for a single-family detached dwelling~ an applicant for a building permit for a single-family detached dwelling
who has paid all applicable fees prior to the date of adoption of the Monroe County comprehensive plan or any person who
has filed an application for a wastewater treatment permit for a single-family detached dwelling with the department of
health and rehabilitative services prior to the date of adoption of the Monroe County cOlnprehensive plan and this title shall
be entitled to develop pursuant to the provisions of the Monroe County Code in force and effect iJnmediately prior to the
effective date of the plan~ provided that a building permit is issued within six months of the effective date of this amend-
ment.
3. Notwithstanding the provisions of the Monroe County comprehensive plan and this title~ an applicant for a variance
and/or an appellant seeking review of an administrative decision that is pending on the date of adoption of the Monroe
County comprehensive plan and this title shall be entitled to have his or her application or appeal considered pursuant to the
comprehensive plan and regulations in effect immediately prior to the date of adoption of the Monroe County cOlnprehen-
sive plan and this title.
253
9.02.030
4. Notwithstanding the provisions of the Monroe County comprehensive plan and this title~ the holder of a finallnajor
development approval under the provisions of Section 6-221 et seq. of the Monroe County Code now repealed and an appli-
cant for Inajor development approval~ that was pending as of December 12~ 1985~ shall be entitled to the following rights:
a. The holder of a final major development approval granted prior to the effective date of the Monroe County COln-
prehensive plan and this title shall be entitled to develop pursuant to the approved final major development approvaL pro-
vided that construction is cOlnlnenced within twelve (12) months of the date the finallnajor development approval was
granted~ in the event a major development was approved for more than one phase~ only those phases for which construction
was or is commenced within twelve (12) months of the date the final major development approval was granted shall be enti-
tled to be developed pursuant to this exemption~ and
b. The applicant for a major develoPlnent approval pending on December 12~ 1985~ shall be entitled to have his or her
application considered for approval pursuant to the cOlnprehensive plan and regulations in effect immediately prior to the
effective date of the Monroe County cOlnprehensive plan and this title~ and if the approval is granted shall be entitled to
develop pursuant to the approved final major develoPlnent approval~ provided that construction is commenced within twelve
(12) months of the date the finallnajor development approval was granted. In the event a major development was approved
for more than one phase~ only those phases for which construction was or is commenced within twelve (12) months of the
date the final major developlnent approval was granted shall be entitled to be developed pursuant to this exelnption. With
respect to major developlnent in planning areas 41 and 43~ the twelve (12) month period for the commencement ofconstruc-
tion~ referred to in this subsection~ shall not comlnence until August 1 ~ 1988~ however~ should the proposed habitat conser-
vation plan affecting these planning areas not be accepted by the board of county commissioners, the commencement date
shall begin on the date the board rejects the concept of the habitat conservation plan. The zoning board shall continue after
the effective date of the land development regulations for the exclusive purpose of considering such pending applications.
5. Except as provided in subsection (8)( 1) and (2) of this section~ all applications for developlnent approval filed after
the date of adoption of the Monroe County comprehensive plan and this title shall be considered for approval under the
comprehensive plan and regulations in effect at the time of the final decision.
C. Existing Uses. All uses existing on the effective date of this title which would be permitted as a conditional use
under the tenns of this title shall be deemed to have a conditional use pennit and shall not be considered nonconforming.
D. Vacation Rental Use. Previous vacation rental uses shall be discontinued in any district that prohibits vacation
rental uses~ after the effective date of this section. All vacation rental uses shall obtain annual special rental permits regard-
less of when the use was first established. Leases~ subleases~ or other occupancy agreements for RV spaces for six months
or more within a particular R V park~ other than in a designated storage area~ shall be discontinued and shall not be renewed,
extended or entered into after the effective date of this section. (Prior code S 9.5-2)
9.02.030 Rules of construction.
In the construction of the language of this title~ the rules set out in this section shall be observed unless such construction
would be inconsistent with the manifest intent of the board of county commissioners as expressed in the Monroe County
comprehensive plan, or an element or portion thereof~ adopted pursuant to F.S. Chs. 163 and 380~ (1985). The rules of con-
struction and definitions set out herein shall not be applied to any section of these regulations which shall contain any ex-
press provisions excluding such construction~ or where the subject matter or context of such section is repugnant thereto.
A. Generally. All provisions, terms~ phrases and expressions contained in this title shall be liberally construed in order
that the true intent and meaning of the board of county commissioners may be fully carried out. Terms used in this title~
unless otherwise specifically provided~ shall have the meanings prescribed by the statutes of this state for the same terms.
In the interpretation and application of any provision of this title~ it shall be held to be the minimum requirement adopted
for the promotion of the public health, safety, comfort~ convenience and general welfare. Where any provision of this title
imposes greater restrictions upon the subject matter than a general provision imposed by the Monroe County Code or an-
other provision of this title~ the provision imposing the greater restriction or regulation shall be deemed to be controlling.
B. Computation of Time. The tilne within which an act is to be done shall be computed by excluding the first and in-
cluding the last day~ if the last day is a Saturday~ or a Sunday or a legal holiday, that day shall be excluded. However~ when
a hearing of the board of county comlnissioners or planning cOlnlnission is required by these regulations to be held at a site
certain, and within a certain time period, and the meeting schedule of either the board or commission makes it impossible to
meet both the site and time requirements without scheduling a special meeting~ then the hearing shall be set for the next
regularly scheduled lneeting at the required site without regard to the required time period.
254
9.02.030
c. Delegation of Authority. Whenever a provision appears requiring the head of a department or some other county
officer or elmployee to do some act or perform some duty, it is to be construed to authorize the head of the department or
other officer to designate, delegate and authorize professional-level subordinates to perform the required act or duty unless
the terms of the provision or section specify otherwise.
D. Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.
E. Month. The word ""month" means a calendar Inonth.
F. Nontechnical and Technical Words. Words and phrases shall be construed according to the comlnon and approved
usage of th(~ language, but technical words and phrases and such others as may have acquired a peculiar and appropriate
meaning in law shall be construed and understood according to such meaning.
G. Number. A word ilnporting the singular nUlnber only may extend and be applied to several persons and things as
well as to one person and thing. The use of the plural nUlnber shall be deemed to include any single person or thing.
H. Shall, May. The word ""shall" is mandatory~ ""may" is permissive.
I. Tense. Words used in the past or present tense include the future as well as the past or present.
J. W t:ek. The word ""week" shall be construed to mean seven days.
K. Written or In Writing. The tenn ""written" or ""in writing" shall be construed to include any representation of words,
letters or figures, whether by printing or otherwise.
L. Year. The word ""year" means a calendar year, unless a fiscal year is indicated.
M. Boundaries. Interpretations regarding boundaries of land use districts on the land use district map shall be made in
accordance with the following, as partially illustrated in figure] (following this section):
1. Boundaries shown as following or approximately following any street shall be construed as following the centerline
of the street.
2. Boundaries shown as following or approximately following any platted lot line or other property line shall be con-
strued as following such line.
3. Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines
shall be construed as following such lines.
4. Boundaries shown as following or approximately following the shorelines of any key or causeway or other island
shall be construed as following the mean highwater line of such island or key. In many instances, the boundary lines have
been intentionally drawn seaward of the shoreline so that the shoreline itself will be visible.
5. All keys or islands without a specific land use designation shall be considered zoned as off-shore islands whether
they are labeled as (OS) OFF-SHORE ISLANDS, unlabeled, not shown on these maps, or lie beyond the areas covered by
these maps.
6. Boundaries shown as separated from and parallel or approximately parallel to any of the features listed in the sub-
divisions above shall be construed to be parallel to such features and at such distances therefrom as are shown on the map.
(Prior code S 9.5-3)
255
9.02.030
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256
9.02.040
9.02.040 Definitions.
As used in this title:
""Access" means ingress or egress to land from a street or easement.
""Accessory uses" or ""accessory structures" means a use or structure that is subordinate to and serves a principal use or
structure; is subordinate in area, extent and purpose to the principal use or structure served; contributes to the comfort, con-
venience or necessity of occupants of the principal use or structure served; and is located on the same lot or on contiguous
lots under the same ownership and in the same land use district as the principal use or structure. Accessory uses include the
utilization of yards for home gardens provided that the produce of the garden is for noncomlnercial purpose; however, in no
event shall an accessory use or structure be construed to authorize a use or structure not otherwise permitted in the district in
which the principal use is located, and in no event shall an accessory use or structure be established prior to the principal use
to which it is accessory. Accessory uses shall not include guest units or any other potentially habitable structure. Habitable
structures are considered to be dwelling units as defined below in this section.
""Adjacent landowner" means an owner of land sharing a boundary with another parcel of land. For purposes of the plan,
an intervening road, right-of-way, easement or canal shall not destroy the adjacency of the two parcels.
~"Adverse impacts, stormwater management," means lTIodifications, alterations, or effects on ground or surface waters or
wetlands, including quality, quantity, hydrodynamics, i.e., currents, flow patterns, surface area, species composition, living
resources, or usefulness which are or may be potentially harmful to human health and safety, to biological productivity or
stability, or which interfere with lawful enjoyment of life or property, including secondary, cumulative, and direct impacts.
""Affordable housing" refers to residential dwelling units that meet the following requirements:
Meet all applicable requirements of the United States Department of Housing and Urban Development minilnum prop-
erty standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of
Monroe County; and:
I. Generally., ""affordable housing" for a rental dwelling unit means a dwelling unit whose monthly rent, not including
utilities., does not exceed thirty (30) percent of that amount which represents either fifty (50) (very low income) or eighty
(80) (low income) or one hundred (100) (median income) or one hundred twenty (120) (moderate income) percent of the
monthly me:dian adjusted household income for Monroe County.
2. ""Affordable rental housing, very low income" shall be a rental dwelling unit whose monthly rent, not including
utilities, dOt~s not exceed thirty (30) percent of the amount which represents fifty (50) percent of the monthly median ad-
justed household income for Monroe County.
3. ~"Affordable rental housing, low income" means a dwelling unit whose monthly rent, not including utilities, does
not exceed thirty (30) percent of the amount which represents eighty (80) percent of the monthly median adjusted household
income for j\1onroe County.
4. ~"Affordable rental housing, median income" means a dwelling unit whose monthly rent., not including utilities,
does not exc:eed thirty (30) percent of the amount which represents one hundred (100) percent of the monthly adjusted me-
dian household income for Monroe County.
5. ""Affordable rental housing, moderate income" means a dwelling unit whose monthly rent, not including utilities,
does not exc:eed thirty (30) percent of the amount which represents one hundred twenty (120) percent of the monthly median
adjusted household income for Monroe County.
6. ~"A1Iordable housing, owner-occupied, very low income" means a dwelling unit occupied only by a household
whose total household income does not exceed fifty (50) percent of the median monthly household income for Monroe
County .
7. ""Affordable housing, owner-occupied, low income" means a dwelling unit occupied only by a household whose
total household income does not exceed eighty (80) percent of the median monthly household income for Monroe County.
8. ""Affordable housing, owner-occupied, median income" means a dwelling unit occupied only by a household whose
total household income does not exceed one hundred (100) percent of the median monthly household income for Monroe
County.
9. ""Affordable housing, owner-occupied, moderate income" means a dwelling unit occupied only by a household
whose total household income does not exceed one hundred twenty (120) percent of the median monthly household income
for Monroe 'County.
10. "" Affordable housing trust fund" means a trust find established and maintained by the county for revenues from fees
in lieu of constructing affordable housing, and revenues from other sources eannarked for the trust fund by state statute,
257
9.02.040
land development regulation~ ordinance or donation. Funds collected for and deposited in the trust fund shall be used exclu-
sively for the acquisition of land for affordable housing projects~ the construction of affordable housing and for loans for
down payment assistance for the purchase of affordable housing.
II. ~"Monthly tnedian household income" means the median annual household income for Monroe County divided by
twelve (12).
12. ~"Median income~ rental rates and qualifying incomes table~~ means eligibility requirements compiled each year by
the planning department based upon the median annual household income published for Monroe County on an annual basis
by the U.S. Department of Housing and Urban Development and similar information for median and tnoderate incotne lev-
els from the Florida Housing Finance Corporation. AtTordable housing eligibility requirements for each household will be
based upon Inedian annual household income adjusted by falnily size~ as set forth by the U.S. Department of Housing and
Urban Development and the Florida Housing Finance Corporation. The county shall rely upon this infonnation to detennine
maXitnUlTI rental rates and InaxitnUln household incomes eligible for affordable housing rental or purchase.
"~Agricu1ture" means mariculture~ beekeeping~ aniInal husbandry~ groves and nurseries~ but does not mean row crops.
""Agricu1turallands~~ Ineans lands classified as agricultural by the Monroe County property appraiser in accordance with
F .S. S 193.46 J ~ for agricultural uses~ including forest managetnent~ and agricultural uses under the comprehensive plan.
""AICUZ (air installations compatible use zones)" means a program to protect the public safety~ health and welfare while
forestalling degradation to the operational capability of military air installations. The main intent of the AICUZ program is
to ensure that development of surrounding lands will be compatible with the noise levels and accident potential associated
with airport operations.
~~Aircraft~~ Ineans any motor vehicle or contrivance now known~ or hereafter invented~ which is used or designed for
navigation of or flight in the air., except a parachute or other contrivance designed for such navigation but used primarily as
safety equipment.
"~Airport" means any area of land or water., or any manmade object or facility located thereon~ which is used~ or intended
for use., for the landing and takeoff of aircraft~ and any appurtenant areas which are used~ or intended for use~ for airport
buildings or other airport facilities or rights-of-way~ together with all airport buildings and facilities located thereon. There
are both public and private airports., which are differentiated as follows:
I. ~"Public airport" is publicly or privately owned., meets minimum safety and service standards~ and is open for use by
the public~
2. ~"Private airport~~ is an airport~ publicly or privately owned~ which is available for use by invitation of the licensee.
Services may be provided if authorized by the Florida Department of Transportation.
""Airport elevation" means the highest point of an airport's usable landing area measured in feet above mean sea level
(MSL).
~"Airport hazard" means any structure~ object~ or natural growth~ or use of land which obstructs the airspace required for
the flight of aircraft in landing or taking off at an airport or which is otherwise hazardous to such landing or taking otTo
~~Airport height'., means the vertical distance from mean sea level (MSL) for the purpose of determining the limit in all
zones set forth in the airport district unless otherwise specified.
"" Airport overlay zone" means that zone which extends above and beyond immediate airport property boundaries and is
defined in this title for public~ private and military airports.
""Airport uses~' means fixed- and rotary-wing aircraft operations together with retail sales and service operations related
to public or general aviation., including aircraft sales., repair and storage~ commercial shipping and storage., and restaurants
designed to serve aviation passengers., and other public uses. However~ the use of a site by any ultra-light aircraft which
meets the criteria for maximum weight~ fuel capacity and airspeed established for such aircraft by the u.S. Federal Aviation
Administration shall be considered an airport use if the site is within five nautical miles of either a public or military airport
or three thousand (3~000) feet from the boundaries of a private airport.
~~Airspace height" means lTIean sea level elevation (MSL) unless otherwise specified for the purpose of determining the
height limits in all zones set forth in this section.
""Airspace obstruction heighf~ means the maximum vertical elevation of the highest part of any object or structure., in-
cluding Inechanical equipment~ chimneys., spires., steeples., radio or television antennas., tlagpoles~ solar apparatus., utility
poles., and trees or landscaping with respect to the nearest airport runway threshold elevation.
Allocated Density. See ~"Density.~'
258
9.02.040
IoIoApplication for development approval" means any written request for approval and/or issuance of a developlnent per-
mit.
"Aquifer" means an underground formation penneable enough to transmit, store or yield quantities of salt or fresh water.
10" Area of special flood hazard" means the land subject to a one percent or greater chance of flooding in any given year.
Io'Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year.
Io'Basemf~nt" means that portion of a building between floor and ceiling which may be partly below and partly above
grade.
Io"Beach berm" means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward
of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the relnains of marine organisms
such as corals, algae and mollusks. The benn may include forested, coastal ridges and may be colonized by hammock vege-
tation.
Io"Beekeeping" means the keeping of bees for the harvest of honey.
"Best Inanagement practices, storm water Inanagement" Ineans those Inethods of storm water management recognized by
experts in the field as the most effective for treating or managing storlnwater runoff.
Io'Board" Ineans the board of county comlnissioners of Monroe County.
""Breaka,vay walls" means walls of any construction intended to collapse under stress without jeopardizing the structural
support of the structure so that the impact on the structure by abnormally high tides or wind-driven water is minimized.
Io"Buildable lot" means a duly recorded lot that complies with each and every requirement of the county's zoning and
subdivision codes immediately prior to the effective date of this title.
Io'Building" means a structure which is located on land or water and which can be used for housing, business, commercial,
agricultural~ storage or office purposes, either temporarily or permanently.
Io'Building code" means the Standard Building Code as applied to the Florida Keys as defined in F.S. ~ 161.52 et seq., the
Coastal Zone Protection Act of 1985.
"'Building permit" means that development permit outlined in Chapter 9.20.
Buttonwood Association. See ""Salt marsh and buttonwood associations."
'''Cactus hammock" means a low hammock with understories and/or ground covers with an abundance of cacti of the
genera Optunia and Cereus. Common species in cactus hammocks include Barbed Wire Cactus (Cereus pentagon us),
Prickly Pear Cactus (Optunia stricta var. dillenii). Rare species include Tree Cactus (Cereus robinii and Prickly Apple Cac-
tus (Cereus gracilis).
Io'Campground space" means a space, whether improved or unimproved, used for tent camping, including pop-ups, by a
single house:keeping unit for tenancies of less than six months.
Io"Canopy trees" means tall trees that form the uppermost leaves or needles in a hammock or pineland area as may be re-
quired in landscaping by these regulations. See Section 9.52.030.
'''Capacity'' means the capability ofa facility to serve the needs ofa user such as the number of vehicles a road can safely
and efficiently carry.
Io'Capital ltmprovelnents" Ineans the planning of, engineering for, acquisition of land or equipment, and the construction
ofimproverrlents, including but not limited to road, park, solid waste, library, public buildings and elnergency services, and
police facilities, but does not include routine maintenance.
"Clearing and grubbing" means the clearing of land, including clearing or renewal of vegetation, and including any sig-
nificant disturbances of vegetation or substrate (soil) manipulation; clearing is a development activity as defined by this
secti on.
IoIoCoastal barrier resources system (CBRS)" means those fifteen (15) (CBRS) units in Monroe County designated under
the Federal <:oastal Barrier Resources Act (CBRA) of 1982, comprised of undeveloped coastal barriers and all associated
aquatic habitats including wetlands, marshes, estuaries, inlets and near shore waters.
Io"Coastal high-hazard area" means the area subject to storm surge as well as high-velocity waters caused by, but not lim-
ited to hurricane wave wash or tsunamis. The area is designated on the flood insurance rate map (FIRM) as zone V 1-30.
'''Code'' 11leanS the code of ordinances of Monroe County.
Io'Collecting agency" means the planning director.
'''Commencement of construction" means the first placement of permanent evidence of a structure on a site pursuant to a
duly issued building permit, such as the pouring of slabs or footings or any work beyond the state of excavation, including
the relocation of the structure. Permanent construction does not include the installation of streets or walkways; nor does it
259
9.02.040
include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the
installation on the property of accessory buildings, such as garages or sheds, not occupied as dwelling units or to a part of
the Inain structure.
\o~Comlnercial apartment" Ineans an attached or detached residential dwelling unit located on the saine parcel of land as a
nonresidential use that is intended to serve as pennanent housing for the owner or elnployees of that nonresidential use.
Tourist housing use or vacation rental use of cOlnmercial apartments is prohibited.
\o~Comlnercial fishing" means the catching, landing, processing or packaging of seafood for cOlnmercial purposes, includ-
ing the Inooring and docking of boats and/or the storage of traps and other fishing equipment and charter boat uses and spot
diving uses.
\o\oCommercially exploited" means native plants so designated by the Florida Department of Agriculture as listed in the
Preservation of Native Flora of Florida Act, F.S. ~ 581.185-581.187, as amended from tilne to time.
\o~Colnlnercial retail use" means a use that sells goods or services at retail which are subdivided into the following three
classifications:
1. ~~Colntnercial retail low-intensity" means comtnercial retail uses that generate less than fifty (50) average daily trips
per one thousand ( 1 ,000) square feet.
2. \o~Cotntnercial retail medium-intensity" means retail uses that generate between fifty (50) and one hundred (100)
average daily trips per one thousand ( 1 ,000) square feet.
3. \o~Commercial retail high-intensity" means retail uses that generate above one hundred (100) average daily trips per
one thousand (1,000) square feet.
\o\oComInission" means the planning commission. See Chapter 9.06.
\o\oCommunity character" lneans those indices of the composite nature of an area which are described in Chapter II, V 01-
ume 1 of the cOInprehensive plan.
\o~ComInunity park" means an active or recreational use operated for the benefit of the general public by a public or quasi-
public agency.
Comprehensive Plan. See \o~Plan."
\o~Connections" means driveways, streets, turnouts or other means of providing the movement of vehicles to or froIn
roads.
\o~Conservation land protection area" means areas that have been identified by the county in Inanagement plans for re-
source protection that are inside or adjacent to existing state and federal park and conservation land boundaries.
\o\oConstruction iInpact zone" means the area to be deducted froIn the buildable area of a parcel in order to allow for clear
working area during construction activities and which shall include a perimeter of at least five feet around the proposed
structure as measured from the drip line or the outennost point of the structure.
\o'Construction, stonnwater management" means anyon-site activity which will result in the change of natural drainage
patterns and will require the creation of a new stonnwater Inanagement systetn.
\o~Contiguous" means a sharing of a common border at Inore than a single point of intersection. Contiguity is not inter-
rupted by utility easements.
\o~Control elevation" means the lowest point above sea level at which water can be released through the control structure.
\o~Control structure" means the element of a discharge structure which allows the gradual release of water under con-
trolled conditions.
\o~Control zone" lneans the airspace extending upward from the surface of the earth which may include one or more air-
ports and is normally a circular area of five statute miles in radius with extensions where necessary to include instrument
approach and departure paths.
~~County" lneans the county of Monroe in the state of Florida.
\o~Cut and fill" means the removal of surface and subsurface materials by any means from one area and deposition of such
materials in another area; also, the removal of surface and subsurface lnaterials from one area and deposition of new materi-
als in that area.
\o~DBH (dialneter at breast height)" means, for the purposes of this title, a tree diameter as lneasured from the base of the
tree, taken at approxitnately four feet above the surrounding grade.
\o~Decision height" means the height at which a decision must be lnade, during ILS instrument approach, to either con-
tinue the approach or to execute a tnissed approach.
260
9.02.040
.~Density~~ or .~allocated density~~ means the number of dwelling units or rooms allocated per gross acre of land by the
p I an.
.~Density~ maximuln net" means the maximum density permitted to be developed per unit of land on the net buildable
area of a si1:e~ as measured in dwelling units or roolns per acre.
~~Destination resort~~ means a planned development containing one or more hotels as a principal use with accessory uses
that provide on-site recreational~ commercial and entertainment opportunities of a magnitude sufficient to attract visitors and
tourists for tenancies of three or more days.
.~Detention~~ means the delay of stormwater runoff prior to discharge into receiving waters.
.~Developer" means any person~ including a governmental agency~ undertaking any development as defined in the plan.
~~Developlnenf~ means the carrying out of any building activity~ the making of any material change in the use or appear-
ance of any structure or land or water~ or the subdividing of land into two or more parcels.
] . EXl~ept as provided in subdivision 3 of this subsection~ for the purposes of this title~ the following activities or uses
shall be tak1en to involve .~development":
a. A reconstruction~ alteration of the size~ or material change in the external appearance of a structure on land or wa-
ter;
b. A change in the intensity of use ofland~ such as an increase in the number of dwelling units in a structure or on land
or a material increase in the nUlnber ofbusinesses~ manufacturing establishments~ offices or dwelling units in a structure or
on land;
c. Alteration of a shore or bank of a seacoast~ lake~ pond or canal~ including any work or activity which is likely to
have a mateTial physical effect on existing coastal conditions or natural shore and inlet processes;
d. COJmmencement of drilling (except to obtain soil samples)~ mining or excavation on a parcel of land;
e. Delmolition of a structure;
f. Clearing ofland~ including clearing or removal of vegetation and~ including significant disturbance of vegetation or
substrate (soil) manipulation~ including the trimming of mangroves to the extent allowed by law;
g.Deposit of refuse~ solid or liquid waste~ or fill on a parcel of land.
2. ~~Developmenf~ includes all other activity customarily associated with it. When appropriate to the context .~devel-
opment'~ refers to the act of developing or to the result of developlnent. Reference to any specific operation is not intended
to Inean that the operation or activity ~ when part of other operations or activities~ is not development. Reference to particular
operations is not intended to limit the generality of this definition.
3. For the purpose of this title~ the following operations or uses shall not be taken to involve development:
a. Work involving the Inaintenance~ renewal~ improvement or alteration of any structure~ if the work affects only the
color or decoration of the exterior of the structure or interior alterations that do not change the use for which the structure
was constructed;
b. Work involving the maintenance of existing landscaped areas and existing rights-of-way such as yards and other
non-natural planting areas;
c. A change in use of land or structure from a use within a specified category of use to another use in the saIne cate-
gory unless the change involves a change from a use permitted as of right to one pennitted as a minor or major conditional
use or from a minor to a major conditional use;
d. A change in the ownership or form of ownership of any parcel or structure;
e. The~ creation or termination of rights of access~ riparian rights~ easements~ covenants concerning development of
land~ or oth~~r rights in land unless otherwise specifically required by law;
f. The' clearing of survey cuts or other paths of less than four feet in width and the mowing of vacant lots in improved
subdivisions and areas that have been continuously maintained in a mowed state prior to the effective date of the plan~ the
trimming of trees and shrubs and gardening in areas of developed parcels that are not required open space and the mainte-
nance ofpublic rights-of-way and private accessways existing on the effective date of this title or approved private rights-
of-way.
4. Development also means the tourist housing use or vacation rental use ofa dwelling unit~ or a change to such a use
(i.e.~ conversion of existing dwelling units to vacation rental use). Vacation rental use of a dwelling unit requires building
pennits~ inspection(s) and a certificate of occupancy.
~.Development approvat~~ ~~development order" or .~development permit" includes any building permit~ conditional use
approval~ subdivision approval~ change of land use district boundary~ comprehensive plan text amendment~ certificate of
261
9.02.040
compliance" or any other official action by any official" cOlnlnission" or board of the county having the effect ofpennitting
deve loplnent.
"~Development righC" means the right to use real property for uses or purposes pennitted by the comprehensive plan.
""Director"" means the director of planning. See Chapter 9.08.
""Discharge" direcC' means the release of stormwater through a control structure to the receiving water body.
""Discharge structure'" Ineans a device through or over which water is released froln a stormwater management structure.
""Disturbed land'" Ineans land that manifests signs of environInental disturbance which has had an observable effect on
the structure and function of the natural comlnunity which existed on the site prior to the disturbance.
"~Dock'" or ""docking facility"" means a fixed or floating structure built and used for the landing" berthing, and/or Inooring
of vessels or water craft either temporarily or indefinitely. Docking facilities include but are not limited to wharves, piers,
quays, slips, basins, ralnps, posts" cleats, davits, piles or any other structure or attachment thereto. For the purposes of this
title, docks shall not include ~"water access walkways" as defined below in this section.
"~Drain" means a channel, pipe or duct for conveying water.
"~Drainage" Ineans removal of water from an area to lower the water level of that area.
"~Drainage basin" means a catchITIent area which is otherwise draining to a watercourse or contributing flow to a body of
water.
"'Drawdown" means the difference in water table level between a well head and any distance froln it.
"~Dredging" means excavation below water level or in wetlands.
"'Dry detention" means the delay of storm water runoff prior to discharge into receiving waters in a structure with a bot-
tOln elevation above the water table or control elevation.
'~Dry retention" means the prevention of storm water runoff from direct discharge into receiving waters in a structure with
a bottom elevation above the water table or control elevation.
'~Dwelling, zero lot line" means a detached dwelling in which the constraints on minimum yard widths are limited, per-
mitting the developer to design a cluster of houses in a manner where building spacing and setbacks are designed to achieve
a des ired effect.
"~Dwelling" apartmenf' means a multifamily building in which units share common entries or accesses to individual units.
"~Dwelling" attached" means a residential dwelling unit consisting of one or more of residential units that are developed
without open yards on all sides of the dwelling unit.
'~Dwelling, detached" means an individual residential dwelling that is developed with open yards on all sides of the
dwelling unit but not including mobilehomes or recreational vehicles.
"~Dwelling" duplex" means two-family dwellings with the units either side-by-side or in any over-under configuration. In
the side-by-side configuration, the units share a comlnon wall, while in the over-under configuration, they are stacked.
'~Dwelling, cOlnmercial apartmenf' means apartments that are built as a part of a cOITIlnercial or office use.
""Dwelling" rooftop/balcony" means an attached dwelling with a single unit froIn ground to roof.
""Dwelling, townhouse" means an attached dwelling with only one dwelling unit from ground to roof attached to its
neighbors on no more than two sides.
"Dwelling unit" means one or more rooms physically arranged to create a housekeeping establishment for occupancy by
one family with separate toilet facilities. The abbreviation "~DU" means "~dwelling unit."
'~Employee housing" means an attached or detached dwelling unit that is intended to serve as affordable" permanent
housing for working households, which derive at least seventy (70) percent of their household income froln gainful em-
ploYlnent in Monroe County and meet the requirements for affordable housing as per this section or Section 9.38.060.
"~Engineer" means a person registered and currently licensed to practice professional engineering in the state of Florida
and other persons pursuant to the provisions of F. S. Ch. 471 who is competent in the field of hydrology and stonnwater
management.
"'Erosion" means the washing away or scouring of soil by water or wind action.
"~Exceptional hardship" means a burden on a property owner that substantially differs in kind or magnitude from the bur-
den imposed on other silnilarly situated property owners in the same land use district as a result of adoption of these regula-
tions.
""Existing" means the condition ilnmediately before development or redevelopment occurs.
262
9.02.040
~~Existing conditions map" Ineans the officiallnap of existing conditions as adopted pursuant to these regulations which
is on file with the department of planning which reflect vegetation, natural features and developed lands in the county as
modified by development authorized by Section 9.02.020(B).
~~Fee payer" means a person commencing land development activity that places measurable additional delnand on the
county's major road network system, community park facilities, library facilities, solid waste disposal facilities, or police
facilities, and who has a paid or is obligated to pay an impact fee in accordance with the terms of this title.
.~Fence" Ineans a barrier made of rocks, logs, posts, boards, wire, stakes, rails, Inasonry components, or similar material
or cOlnbination of materials.
~~Fill" means material, consolidated or unconsolidated deposited on land or in water.
"Flood" or ~~flooding" means a general and temporary condition of partial or complete inundation of nonnally dry land
areas resulting froln the overflow of tidal waters or the unusual and rapid accumulation of stonnwater runoff of waters from
any surface..
.~Flood hazard boundary map" or ~'FHBM" Ineans the official map of the county, issued by the Federal Emergency Man-
agement Agency, where boundaries of the areas of special flood hazard have been defined as zone A.
.'Flood insurance rate map" or "FIRM" means the official map of the county on which the Federal Emergency Manage-
ment Agenc:y has delineated both the areas of special flood hazard and the risk premium zones applicable to the county.
.~Flood insurance study" is the official report provided to the county by the Federal Emergency Management Agency.
The report contains flood profiles, as well as the flood boundary- floodway map and the water surface elevations of the base
flood.
~'Floor" rneans the top surface of an enclosed area in a building (including basement), i.e., the top of the slab in concrete
slab construction or the top of the wood flooring in wood frame construction. The terms does not include the floor of an area
used exclusively for parking of vehicles (i.e., garage), limited storage, or building access (i.e., stairs, elevator shafts, main-
tenance cravv I space).
.~Floor area" means the sum of the gross horizontal areas of each story of the principal building, measured from the exte-
rior walls or from the center line of party walls, including the floor area of accessory uses and of accessory buildings and
structures.
~~Floor area ratio" means the total floor area of the building or buildings on a lot divided by the gross area of the lot or
site.
~~Frequency" means the anticipated cyclic return period of a storm event e.g., twenty-five (25) year storm.
.~Freshwater lens" means a freshwater aquifer at the top of the water table overlying a saline aquifer.
.~Freshwater wetlands" means wetland areas with either standing water or saturated soil, or both, where the water is fresh
or brackish. The vegetation common in freshwater wetlands in the Keys include the following species:
Saw rass
Buttonwood
Spike rush
White man rove
Red man rove
Cattail
~~Functional integrity" means the completeness and natural stability of an assemblage of native plants and animals as in-
dicated by ITleaSUres of continuity, species diversity, species interdependence and biomass.
.~Governrnental agency" means:
] . The United States or any department, commission, agency or other instrumentality thereof~
2. The state of Florida or any department, commission, agency or other instrumentality thereof;
3. Any local government or any department, cOlnmission, agency or other instrumentality thereof~ or
4. Any school board or other special district, authority or governlnental entity.
.~Grade" rneans the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a
structure, or the crown or curb of the nearest road, whichever is higher.
.~Gross acre" means the total area ofa site excluding submerged lands, tidally inundated mangroves, not to exceed mean
high tide, and any publicly dedicated rights-of-way.
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9.02.040
~"Gross area" means the total acreage of a site less submerged lands and any dedicated public rights-of-way.
~"Groundwater" means water beneath the surface of the ground.
~"Habitable floor" means any floor area equipped for uses including but not limited to kitchen, dining, living, fatnily or
recreation rOOln, laundry, bedroom, bathroom, office, workshop, professional studio or cOlnlnercial occupancy.
~"Heavy industrial use" tneans an industrial use with greater than average potential ilnpacts on the environment and that is
characterized by significant impacts on adjacent uses in tenns of noise, hazards and odors, such as junkyards, marine rail-
ways and dry docks, bulk petroleum storage, and resource extraction where Inore than twenty (20) percent of the use takes
place outside of an enclosed building or where exterior storage equals or exceeds building floor area.
~"Height" means the vertical distance between average grade and the highest part of any structure, including mechanical
equipment, but excluding chiInneys, spires and steeples on structures utilized for institutional and public uses only, radio or
television antenna, flagpoles, solar apparatus, and utility poles. However, in no event shall any of the exclusions enumerated
above be construed to permit any habitable or usable space to exceed the applicable height lilnitations. In the case of airport
districts, the height limitations therein shall be absolute and the exclusions enumerated above shall not apply.
~"High hammock" is an upland, hardwood forest community in which the following species of plants represent a cOlnpo-
nent of the flora:
Ateramnus lucidus Crabwood
Bursera simaruba GUlnbo limbo
Calyptranthes pallens Pale lidtlower
Columbrina elliptica Soldierwood
Drypetes lateri tlora Guiana pluln
Eugenia confusa Redberry stopper
Eugenia rholnbea Red stopper
Exostema caribaeulTI Princewood
Exothea paniculata lnkwood
Ficus aurea Strangler fig
Ficus citrifolia Short-leaf fig
Guettarda elliptica Everglades velvetseed
Guettarda scabra Rough velvetseed
Hamelia patens Scarletbush
Hype late tri fo I iata White ironwood
Krugiodendron ferrum Black ironwood
Lasciacis divaricata Wild bamboo
Lysilolna latisiliquum Wild tamarind
Mastichodendron foetidissuln urn Mastic
N ectandra coriacea Lancewood
Psychotria ligustrifolia Wild coffee
Psychotria nervosa Wild coffee
Simarouba glauca Parad ise tree
Trelna lamarckiana West Indies trelna
Trema micrantha Florida trema
~"Highest adjacent grade" means the highest natural elevation of the ground surface, prior to construction, next to the pro-
posed walls of a structure.
~"Home occupation" means a business, profession, occupation or trade conducted within a residential building or acces-
sory structure for gain or support by a resident of the dwelling.
~"Hotel" means a building containing individual rOOlns for the purpose of providing overnight lodging facilities for peri-
ods not exceeding thirty (30) days to the general public for compensation with or without meals, and which has comlnon
facilities for reservations and cleaning services, combined utilities and on-site management and reception.
~"Hydrograph" means a graph of flow rate of discharge.
264
9.02.040
"~Hydrologic cycle" means the cycle of evaporation and precipitation oflnoisture between the earth and the atmosphere.
"~Hydroperiod" means the cyclic changes (daily or seasonal) in the amount of water in a wetland or deep water habitat.
""hnpervious surface" means a surface which does not allow, or minimally allows, the penetration ofwater~ included as
examples are building roofs, nonnal concrete and asphalt pavelnents, and some fine-grained soils, such as clays.
"~Indirec1t discharge" Ineans release of stonnwater froln a system by means other than a control structure, e.g. spreader
swale, sheet flow.
"~Lot" ml~ans a parcel of land occupied or intended for occupancy by an individual use including one Inain structure to-
gether with accessory structures, yards, open spaces, buffer areas and parking spaces.
~~Low hammock" is an upland hardwood forest community in which the following species of plants represent a Inajor
cOlnponent of the flora:
Alternanthera ramosissitna Chaff flower
Bumelia celastrina Saffron plum
Capparis flexuosa Limber caper
Casasia l:lusiifolia Seven-year apple
Cereus spp. Cactus
Coccoloba uvifera Seagrape
Conocarpus erectus Buttonwood
Crossopetalum rhacoma Rhacoma
Erithalis fruticosa B lack torch
Emodea littoralis Golden creeper
Eugenia foetida Spanish stopper
Guapira discolor Blolly
Jacquinia keyensis Joewood
Manilkara bahalnensis Wild dilly
Optuntia spp. Cactus
Reynosia septentrional is Darling plum
Thrinax lmorrisii Key thatch palm
Thrinax radiata Florida thatch palm
Ximenia americana Hog pluln
"~Lowest floor" means the lowest enclosed area (including baselnent) of a structure. An unfinished or flood-resistant en-
closure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not con-
sidered the building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the
applicable nonelevation design requirements of Chapter 9.42.
"~Maintenance" means that action taken to restore or preserve the functional intent of any facility or systeln.
"~Major street" means u.S. 1,905,940 and Key Deer Boulevard for the purposes of Chapter 9.54.
"~Mangrove community" means a wetland plant association subject to tidal influence where the vegetation is dominated
by one InOrt~ of the following three species of mangroves:
A vicennia germitiatis Black mangrove
Laguncullaria racelnosa White mangrove
Rhizophora mangle Red mangrove
"~Manmade water body" means a water body that was created by excavation by mechanical means under human control
and shall include a canal, cut basin or channel where its edges or margins have subsequently been modified by natural
forces.
"~Mariculture" is a use which involves the hatching, raising and production of animals and plants.
265
9.02.040
~~Maritia~~ lneans a facility for the storage (wet and dry)~ launching and mooring of boats together with accessory retail
and service uses~ including restaurants and live-aboards~ charter boat and sport diving uses~ except where prohibited~ but not
including docks accessory to a land-based dwelling unit lilnited to the use of owners or occupants of those dwelling units.
~~Market rate housing~~ means an attached or detached dwelling unit that is intended to serve as permanent housing for
households not eligible for affordable or employee housing under this title.
~~Maximum sales price~ owner-occupied affordable housing unit'~ means a price not exceeding four and one-quarter tilnes
the annuallnedian household income for Monroe County.
~~Mean high water line" or ~~lnean high tide (MHW)" means the point to which water extends onto the shoreline at aver-
age daily high tide as indicated by physical evidence on site such as discoloration~ vegetative indicators or wrack lines.
~~Mean low water line" or ~~mean low tide (ML Wr' lneans the point to which water extends onto a shoreline at average
daily low tide as indicated by physical evidence on site such as discoloration, or vegetative indicators.
~~Mean sea level (MSLr' lneans the average height of the sea for all stages of the tide. For the purposes of this title, the
term is synonYlnous with National Geodetic Vertical Datum (NGVD).
~~Median annual household incolne" means the median of annual household income (per household size) as published for
Monroe County on an annual basis by the U.S. Department of Housing and Urban Developlnent.
~~Military facility" means a use or uses devoted to one of the armed services of the United States.
~~Minilnuln descent altitude" means the lowest altitude, expressed in feet above lnean sea level (MSL), to which descent
is authorized on final approach or during circle-to-Iand maneuvering in execution ofa standard instrument approach proce-
dure, where no electronic glide slope is provided.
~~Minimum en route altitude" lneans the altitude in effect between radio fixes which assures acceptable navigational sig-
nal coverage and meets obstruction clearance requirements between those fixes.
~~Minimum obstruction clearance altitude" means the specified altitude in effect between radio fixes on VOR airways,
off-airway routes or route segments which meets obstruction clearance requirements for the entire route seglnent and which
assures acceptable navigational signal coverage only within twenty-two (22) miles of a VOR.
~~Mobilehome" means a structure transportable in one or more sections which structure is eight body feet (2.4 meters) or
more in width and over thirty-five (35) feet in length, which structure is built on an integral chassis and designed to be used
as a dwelling when connected to the required utilities and includes the plulnbing, heating, air conditioning and electrical
systems contained therein, including expandable recreational vehicles, known as ~~park models," designed and built as a
permanent residence.. the structure for which is thirty-five (35) feet or less in length and in excess of eight feet in width.
~~Mobilehome park~' means a place set aside and offered by a person or public body for either direct or indirect remunera-
tion of the owner, lessor or operator of such place for the parking or accommodation of six or more mobilehomes.
~~Modest housing" means residential units that have a cOlnbination of design and site characteristics that make them more
reasonably priced than residential units lacking such characteristics.
~~Modular home" means a structure intended for residential use that is manufactured off-site in accordance with state
standards.
~~Monroe County comprehensive plan" means the Monroe County comprehensive plan adopted and amended pursuant to
F. S. S 163.3 161 et seq.
~~National Geodetic Vertical Datum (NGVD)" is a vertical control, as corrected in 1929, used as a reference for establish-
ing varying elevations within the floodplain.
~~Natural biological systems" means those predominantly consisting of or using those communities of plants, animals..
and bacteria which occur indigenously on land, in the soil, or in the water.
~~Natural water flow pattern" means the rate, volume and direction of surface water or groundwater flow occurring under
natural (daily and seasonal) conditions before developlnent.
~~Net buildable area" means that portion of a parcel of land which is developable and is not open space required by Sec-
tion 9.38.020 or 9.48.120 or required minimuln bufferyard under Chapter 9.54 or required setbacks under Section 9.40.010.
~~New construction" means a structure for which a building permit is obtained on or after the effective date of this title.
~~Newspaper of general circulation" means a newspaper of local origin published at least on a weekly basis, but does not
include a newspaper intended primarily for lnembers of a particular professional or occupational group, a newspaper whose
prilnary function is to carry legal notices~ or newspaper that is given away primarily to distribute advertising.
~~NoncommencemenC' means the cancellation of construction activity.. lnaking a material change in a structure.. or the
cancellation of any other land development activity making a lnaterial change in the use or appearance of land.
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9.02.040
....Nonconfonning structure" means any structure lawfully existing on the effective date of this title other than a sign, or
any amendlnent to it rendering such structure nonconforming, which does not comply with all of the standards and regula-
tions of this title, or any amendment thereto.
....Nonconforming use" means any use lawfully being made of any land, buildings or structure, other than a sign, on the
effective date of this title or any amendment thereto, rendering such use nonconforming, which does not cOlnply with all of
the regulations of this title, or any amendment thereto.
Nonconforming Signs. See Section 9.26.060.
....Non-waterfront lot" means a parcel of land that does not contain a shoreline.
""Nursery" means a use in which plants are grown for sale or for the harvest of their products.
....Office" means a use where business, professional or governmental services are made available to the public.
....Officer" or ....official" lTIeanS an officer or official of Monroe County.
....Open space" means that portion of any parcel or area of land or water which is required to be maintained such that the
area within its boundaries is open and unobstructed from the ground to the sky.
'''Open space ratio (O.S.R.Y' means the percentage of the total gross area of a parcel that is open space.
....Operational entity" means an acceptable, legally bound, responsible organization which agrees to operate and Inaintain
the surface water management system.
....Ordinance" means any ordinance of Monroe County and all amendments thereto.
'''Outdoor lighting" means any light source that is installed or mounted outside of an enclosed building, including street
I ights and spotlights.
""Owner'" Ineans any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the en-
tirety with legal or beneficial title to the whole or to part of a building or land.
....Parcel of land" means any quantity of land and water capable of being described with such definiteness that its location
and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit,
or which has been used or developed as a unit.
""Parks" lmeans publicly owned land used for active or passive recreational purposes or as a refuge for wildlife.
'''Palm hammock" means a low hammock where one out of every five of the dominant canopy plants is a native palm
characterizt~d by the Florida thatch palm, Thrinax radiata.
'''Permanent residential unit" means a dwelling unit that is designed for, and capable of, serving as a residence for a full
housekeeping unit which includes a kitchen composed of at least a refrigerator and stove.
'''Person~~ means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association,
two or mort:~ persons having a joint or common interest, or any other legal entity.
'''Pineland'' means an upland forest community with an open canopy dominated by the native slash pine, Pinus elliottti
var. densa. Plant species that are cOlnmonly present include, but are not limited to:
Byrsoninna cuneata Locust berry
Cassytha tiliformis Love vine
Coccothrinax argentata Silver palm
Crossopt:~talum ilicifolium Christmas berry
Croton linearis Pineland croton
Morinda royoc Yellow root
Pinus ell:iottii Slash pine
Randia aculeata White indigo berry
Thrinax lTIorrisi i Keys thatch palm
Sorghastrum secundum Indian grass
Serenoa repens Saw palmetto
'''Plan'' or '''this plan" means the Monroe County comprehensive plan, which constitutes the required elements of the
county's cOlnprehensive plan adopted pursuant to F.S. ~ 163.3177.
'''Planning area" means one of the forty-three (43) planning area units described in Volume I of this plan.
"'Platted lot" is a lot which is identified on a plat that was approved by the board of county comlnissioners and duly re-
corded.
267
9.02.040
~'Predevelopment condition for stormwater runoff' means topography, vegetation, rate, volume, direction and pollution
load of surface water or groundwater flow existing immediately prior to development.
~'Prevailing roadway and traffic conditions" means those conditions that influence road capacity, including two general
groups: those that are established by the physical feature of the roadway, and those that are dependent on the nature oftraf-
fic on the roadway.
~'Private airport" Ineans an area used for landing and takeoff of aircraft which is either publicly or privately owned, and
which is used primarily by the licensee but which is available for use by invitation of the licensee. Services may be provided
if authorized by the Florida Department of Transportation. For purposes of this title, ~"private airport" means Sugarloaf Air-
port, Tavernaero Airport Park, Inc., Sumlnerland Key Airport, Ocean Reef Airport, or other airport or airfield to be con-
structed in Monroe County that meets these requirements.
~"Private club" means a business establishment providing food, liquor, entertainment or recreational opportunities on a
lnembers and guest-only basis.
~'Project" means improvements to a site proposed on a particular land area which may be part of a common plan of de-
velopment~ improvements shall include the subdivision of land.
~'Project initiation" means all acts antecedent to actual construction activities and includes permit applications and devel-
opment.
~'Public airport" means an area used for landing and takeoff of aircraft~ is either publicly or privately owned~ and which
meets minimum safety and service standards and is open for use by the public. For purposes of this title, ""public airport"
lneans Key West International, Marathon Airport or other public airport or airfield to be constructed in Monroe County that
lneets these requirements.
~'Public airport uses" lneans fixed and rotary-wing aircraft operations together with retail sales and service operations
related to public or general aviation, including aircraft sales, repair and storage, commercial shipping and storage, restau-
rants designed to serve aviation passengers and other public uses.
~"Public buildings" means office and service buildings, uses or facilities owned or operated by a governlnental agency,
including publicly and privately owned utilities, which are compatible with or provide services to the immediate vicinity in
which the building is located.
~"Rate" means volume per unit of time.
~"Receiving body of water" lneans a water body, water-course, or wetland to which surface or discharge water flows.
~'Recharge" means refilling an aquifer by rainfall and infiltration either naturally or artificially.
"'Record drawing, stonnwater managelnent," means the system plans specifying the locations, dimensions, elevations,
capacities, and capabilities of structures or facilities for controlling runoff as they have been constructed as submitted by the
project contractor or engineer, as appropriate.
""Recreational rental use" lneans a public or private area providing rental facilities for overnight or short-term occupancy,
including calnpgrounds (comlnercial), camps (day or youth), and recreational vehicle parks.
~"Recreational vehicle" lneans a vehicle or portable structure built on a chassis and designed as a dwelling for travel, rec-
reation or vacation for tenancies or less than six lnonths~ which has a transportable body width not exceeding eight feet and
a length not exceeding thirty-five (35) feet~ and which does not qualify as mobilehome~ and:
I. The travel trailer or park trailer has been placed in a travel trailer park, campground or a storage yard~
2. The travel trailer or park trailer has current licenses required for highway travel~ and
3. The travel trailer or park trailer is highway ready. This means that the travel trailer or park trailer is on its wheels or
internal jacking systeln and attached to this site only by the quick disconnect-type utilities comlnonly used in campgrounds
and trailer parks or by security devices. No permanent additions such as Florida rooms shall be permitted.
~"Regionally important plant species" means those native plant species identified as endelnic, uncommon, or rare in the
county's regionally important plant species list maintained by the Departlnent of Environmental Resources or as identified
by the Center for Plant Conservation, the Florida Natural Areas Inventory, or the Florida COlnmittee on Rare and Endan-
gered Plants and Animals.
~"Residence" or ~"residential use," as applied to any lot, plat, parcel, tract, area or building, means used or intended for use
exclusively for dwelling purposes, but not including hotel rooms.
~~Resource extraction" means the dredging, digging, extraction, mining and quarrying oflitnerock, sand, gravel or miner-
als for cOlnmercial purposes.
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9.02.040
"Retention" means the storage of a specific volume of stormwater runoff within a defined area having no direct discharge
into receiving waters; included as examples are systems which discharge through percolation~ filtered bleed-down and
evaporation processes.
"Road~ arterial~ ~~ means a route providing service which is relatively continuous and of relatively high traffic volume~
long average trip length~ high operating speed~ and high mobility importance.
"Road capacity" means the maxilnum rate of flow at which vehicles can be reasonably expected to traverse a point or
uniform seglnent of a lane or roadway during a specified tilne period under prevailing roadway ~ traffic~ and control condi-
tions~ usually expressed as vehicles per hour.
"Road~ collector~~~ means a route providing service which is of relatively moderate average traffic volume~ Inoderately
average trip length~ and moderately average operating speed. Such a route also collects and distributes traffic between local
roads or art,erial roads and serves as a linkage between land access and mobility needs.
"'Road~ firontage~" means a public street or road auxiliary to~ and located alongside~ abutting and parallel to a highway for
purposes of maintaining local road continuity and for control of access.
"'Road~ local~'~ means a route providing service which is of relatively low average traffic volume~ short average trip
length or minimal through-traffic movement and high land access for abutting property.
"'Road network system~ major~" means all arterial, collector and frontage roads within Monroe County, including new
arterial, collector and frontage roads necessitated by new land development activity generating traffic.
"Rooln, hotel or motel~" means a unit in a public lodging establishment as defined by F.S. ~ 509.0 1 3(4)(a) intended for
transient lodging only for periods not exceeding thirty (30) days. Transient occupancy shall conform to the definition con-
tained in F.S. ~ 509.013(8) as to transient occupancy. For the purposes of density restriction under this title:
I. Hotel or motel room may be a single room or a suite and may include a kitchenette but no more than one and one-
half bathrooms and one bedroom and one other living area;
2. All entrances to a hotel or motel room shall share the same key or means of controlling access so that the hotel or
motel room as defined herein is not divisible into separately rentable units; and
3. Suites containing more than one bedroom and one and one-half baths may be constructed; however~ each bed-
room/bath combination shall be considered a hotel/motel unit.
"'Runoff coefficient (c)" means the standardized factor from which runoff can be calculated.
"Runway~' means a defined area on an airport prepared for landing and takeoff of aircraft along its length.
"'Salt marsh and buttonwood wetlands" means two plant associations that are sometimes collectively or individually re-
ferred to as the "transitional wetland zone." The salt marsh community is a wetland area subject to tidal influence~ and the
vegetation is dominated by nonwoody groundcovers and grasses. The vegetation may include but is not limited to the fol-
lowing non,^"oody species:
Sporobollus virginicus Dropseed
Batis maritilna Saltwort
Distichlis spicata Salt grass
Monanthochloe Key grass
Salicomia spp. Glasswort
Sesuviull1 portulacastrum Sea purslane
Spartina spartinae Cordgrass
Fimbristy lis castanea Chestnut sedge
Woody vegetation that may be present includes the three species ofmangroves~ as well as buttonwood (Conocarpus erec-
tus)~ however~ the salt marsh community is distinguished by the dominance of non woody plants~ and the woody species
have a coverage of less than forty (40) percent. The salt marsh cOlnlnunity may be associated and intermixed with areas of
ahnost bare ground on which the vegetation may be limited to masts of periphyton.
The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area~
and may intt~rmix with more upland communities. The vegetation may include (but is not limited to) the following species:
S orobolus virginicus
Borrichia spp.
I Dropseed
Sea oxeye daisy
269
9.02.040
Bumelia celastrina Saffron pluln
Coccoloba uvifera Sea grape
Conocarpus erectus Buttonwood
Erithalis fruticosa B lack torch
Filnbristy lis castanea Chestnut sedge
Jacquinia keyensis Joewood
Lyciuln Carolinianuln Christmas berry
Maytenus phyllanthoides May ten
Spartina spartinae Cordgrass
The buttonwood wetland is distinguished froln the salt lnarsh wetland by the dominance of buttonwood trees~ usually
occurring as an open stand that pennits the growth of an understory of groundcovers and shrubs. The buttonwood wetland
is~ in turn~ distinguished from lTIOre upland cOlnlnunities by the presence of graminoids and halophytic groundcovers under
its open canopy~ and generally by the lack of an appreciable layer of humus and leaf litter. As referenced throughout these
regulations, -"Salt marsh and Buttonwood~~ habitat refers collectively and individually to ""salt marsh" and "'buttonwood~'
habitats for the purpose of determining regulatory requirements.
'-Scarified land"" means an area that is cleared of native vegetation~ or topographically lTIodified such that the land is not
presently in a successional sequence leading to the establishment of the vegetative cOlnmunities that were cleared or dis-
turbed.
-"Sedimenf~ means solid material which subsides to the bOttOITI of a water body.
-"Setback" means an open space at grade between a building and the property line of the lot on which the building or
structure is located~ unoccupied and unobstructed from the ground upward, except for fences or as otherwise provided in
these regulations. In measuring a setback~ the horizontal distance between the lot line and the further most projection of the
main building shall be used. Every required front setback from a street shall be measured at right angles (900) from the
property line.
-'Sewage disposal facility"" means any plant~ system or property used or useful or having the present capacity for future
use in connection with the collection, treatment., purification or disposal of sewage~ and without limiting the generality of
the foregoing definition shall include treatment plants~ pumping stations~ intercepting sewers~ pressure lines., mains~ and all
necessary appurtenances and equipment~ and shall include all property, rights, easements and franchises relating to any such
system and deemed necessary or convenient for the operation thereof.
""Shore line" means the interface between land and water., extending seaward of mean high water to include fringing man-
groves and adjacent shelf and may also include a transitional zone landward of mean high water (MHW).
1. ""Altered shorelines'" are generally located directly along dredged canals, basins and abutting channels and have
been modified to such a degree that the shoreline no longer exhibits those functions typical of natural shorelines including
filtration~ nutrient uptake, shoreline stabilization., stonn surge abatelnent, and provisions of habitat for wildlife and fisheries.
A shoreline is not -"altered'" unless the functional characteristics of both the transitional zone and the zone seaward of mean
high water have been altered.
2. -'Unaltered shorelines'" are generally located along natural non-dredged waterways and open water. These shore-
lines continue to exhibit the natural functions cited above even though fill or rip-rap may be present either above or below
MHW.
-"Sign" means any object., device., display or structure or part thereof situated outdoors or indoors which is used to adver-
tise., identify, display., direct or attract attention to an object, person., institution, organization., business~ product., service
event or location and by any means including words., letters., figures, designs, symbols., fixtures, colors~ or projected linages.
Signs do not include:
I. The flag or emblem of any nation., organization of nations., state., city., or fraternal., religious., or civic organizations~
2. Merchandise which is not otherwise incorporated into a sign structure~
3. Models or products incorporated in a window display~
4. Works of art which do not contain advertising messages and in no way identify a product, use or service~ or
5. Scoreboards located on athletic fields.
"-Shopping center" means a group of commercial retail and/or professional services establishlnents planned~ developed
and managed as a unit., with off-street parking provided on the property.
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9.02.040
~"Site plan"" means information submitted by an applicant which shall identify all development activities., including prin-
cipal and accessory uses within the property boundaries.
~"Specimen tree" is any tree with a diameter at breast height that is seventy-five (75) percent of the record tree of the
same speci(~s for the state of Florida.
""Spreader swale" means a ditch positioned parallel to the receiving water body which allows for indirect discharge of
stonnwater in excess of the retained or detained volume.
~"Storm event" means the occurrence of a rainfall of specified frequency and duration., e.g. twenty-five (25) year., or three-
day stonn.
~"Stonn\vater management plan" means the detailed analysis describing how the rainfall control system for the proposed
development has been planned and designed., and will be constructed to meet the requirelnents of this title.
~"Storm\\'ater management system" means the natural and constructed features of the property which are designed to
treat., collect., convey., channel., hold., inhibit or divert the movement of surface water.
"~Storm\vater runoff" means that volume of rainfall which does not percolate into the ground., nor evaporates., nor is inter-
cepted before reaching the stormwater management system.
~"Structure'l'l means anything constructed., installed or portable., the use of which requires a location on a parcel of land. It
includes a lllovable building which can be used for housing., business., commercial., agricultural or office purposes., either
temporarily or permanently. ""Structure" also includes roads., walkways., paths., fences., swimming pools., tennis courts., poles.,
pipe-lines., transmission lines., tracks., signs., cisterns., sewage treatment plants., sheds., docks., mooring areas., off-shore swim-
ming platforms and other accessory construction.
~"Subdist:rict'., means those geographical areas as identified on the appendix attached to the ordinance codified in this title.
~"Submerged land" means land below the mean high tide line and/or the mean high water line of an upland water body.
~"Substantial improvelnent'., means any repair., reconstruction or ilnprovement ofa structure., the cost of which equals or
exceeds fifty (50) percent of the predestruction market value of the structure., as determined by the office of the tax assessor
of Monroe <=ounty., either: (1) before the improvement or repair is started; or (2) if the structure has been damaged and is
being restored., before the damage occurred. For the purposes of this definition., substantial improvement is considered to
occur when the first alteration of any wall" ceiling., floor or other structural part of the building commences., whether or not
that alteration affects the external dimension of the structure. The term does not., however., include either: (I) any project for
ilnprovement of a structure to comply with existing state or local health, sanitary or safety code specifications which are
necessary solely to assure safe living conditions; or (2) any alteration of a structure listed on the National Register of His-
toric Places., the State Inventory of Historic Places, or any inventory of local historic places.
~"Cumulative substantial improvelnent'., means that ilnprovement which is not substantial by itselfbut., when added to all
prior nonsubstantial improvements to the original structure., would cause all the ilnprovements to be substantial if permitted
at one time. All applications deelned substantial or nonsubstantial must be approved by the FEMA coordinator., director of
growth management" deputy director of growth management., or the building official director.
Surface 'Water. See ""Water body."
""Swale'l'l means a shallow constructed ditch with the bottom above the water table.
~"Telnporary uses" include those uses that are required for a period certain in the construction phase of development., are
uniquely seasonal in nature., including other activities of a similar nature such as Christmas tree sales, temporary emergency
shelters, concerts., carnivals and tent meetings.
~"Threatened and endangered species'" means plant or animal species listed as such under the provisions of the Endan-
gered Species Act, 16 V.S.C. Section 1531 et seq. and/or F.S. S 581.185., and the Florida Endangered and Threatened Spe-
cial Act., F.S. S 372.072, as illustrated on the Threatened and Endangered Plant and Animal Maps maintained by the de-
partment of planning.
""Tourist housing use or unit'" means a dwelling unit used as transient housing for tenancies of less than twenty-eight (28)
days duration., such as a hotel or motel., public lodging establishment., roolning house., vacation rental, room., or space for
parking a recreational vehicle or travel trailer or units that are advertised and held out to the public for such use. Tourist
housing use shall include the rental, lease., sublease., or assignment of existing dwelling units for tenancies of less than
twenty-eight (28) days duration.
""Transient residential unit" Ineans a dwelling unit used for transient housing such as a hotel or motel room., or space for
parking a recreational vehicle or travel trailer.
~"Transitional habitat''' means the saltlnarsh and buttonwood association.
271
9.02.040
~~Trip" means a single or unidirectional movement with either the origin or destination existing or entering inside the
study site.
~~Trip generation" means the attraction or production of trips caused by a given type of land development.
~~Ultra-light aircraft" means any heavier-than-air, lTIotorized aircraft which Ineets the criteria for maximum weight, fuel
capacity, and air speed established for such aircraft by the Federal Aviation Administration.
~~Visual runway" means a defined area for landing and takeoff of aircraft that is intended solely for the operation of air-
craft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation
indicated on an FAA-approved airport layout plan, a Inilitary services-approved military airport layout plan, or by any plan-
ning doculnent submitted to the FAA by competent authority.
~~v acation rental or unit" means an attached or detached dwelling unit that is rented, leased or assigned for tenancies of
less than twenty-eight (28) days duration. Vacation rental use does not include hotels, motels, and R V spaces, which are
specifically addressed in each district.
~~Wastewater nutrient reduction cluster systems" lneans wastewater treatment systelns that are designed to serve lnultiple
residences which are located on more than one lot. These systems are permitted by the Florida Department of Health.
I.~Wastewater treattnent facility" means the use of land and its appurtenances for the treatment of wastewater collected
predominately from other lots or parcels.
~~Wastewater treatment collection system" means the use of land and its above ground installed appurtenances related to
the collection and transmission of wastewater to a treatment facility located on another lot or parcel.
~IoWater access walkway" means a structure built and used exclusively for access to the water for leisure activities such as
fishing, swimming, or observation, but by its design may not be used as a dock. Water access walkways shall conform to the
design criteria in Section 9.48.] 40.
~IoWater at least four feet below mean sea level at lnean low tide" means locations that will not have a significant adverse
impact on off-shore resources of particular importance. For the purposes of this definition, I.~off-shore resources ofparticular
importance" means hard coral bottoms, habitat of state or federal threatened and endangered species, shallow water areas
with natural marine communities with depths at mean low tide of less than four feet and all designated aquatic preserves
under F.S. S 258.39 et seq.
~~Watercourse" means a channel, canal or streambed, either natural or manlnade, which is involved in the accommodation
of floodwaters.
~~Water-dependent facility" means a use that is functionally dependent on actual access to open waters.
~IoWater(sr' or ~Iocolnmunity water" means all water on or beneath the surface of the ground, including the water in any
watercourse, water body or wetland.
~I.Water body" or ~~surface water" means a natural or artificial watercourse, pond, bay, and coastal waters of Monroe
County extending to a landward limit defined by Chapter 17-4.022, Florida Administrative Code, and F.S. S 403.031.
~~W ater detention facility" means a stormwater management facility which provides for the delay of movement or flow of
a specified volume of stormwater for a specified period of tilne.
~~Water retention facility" means a storm water management facility which provides for storage ofa specified volume of
stonnwater without discharge from the retention structure.
I.~Watershed" means a catchment area which is otherwise draining to a watercourse or contributing flow to a body ofwa-
ter.
~~Watertable" means the boundary between the zone of saturation and the zone ofaeration~ it varies with such factors as
tide and the amount of rainfall.
~~Wetlands" is defined by F.S. S 403.911.
~IoW et detention" means the delay of stormwater runoff prior to discharge into receiving waters in a structure with a bot-
tom elevation below the water table or control elevation.
IoIoWet retention" means the prevention of stormwater runoff froln direct discharge into receiving waters in a structure
with a bottoln elevation below the water table or control elevation.
~IoWet season water table" means the groundwater level during the tilne of year when the greatest amount of rainfall nor-
mally occurs. (Editorially alnended during 2004 codification~ Ord. 048-2003 S 1 ~ Ord. 030-2003 ~s 2, 3~ Ord. 015-2003 S I ~
Ord. 007-2003 S 1 ~ prior code S 9.5-4)
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9.02.050
9.02.050 Violations-Penalties.
A violation of any provision of the plan shall constitute a Inisdelneanor and shall be prosecuted in the same manner as
misdelneanors are prosecuted. Such violations shall be prosecuted in the name of the state in a court having jurisdiction of
misdemeanors by the prosecuting attorney thereof. U pon conviction~ the violator shall be punished by a fine not to exceed
five hundred dollars ($500.00) or by imprisonlnent in the county jail for a period of not to exceed sixty (60) days or by both
fine and ilnprisonment. Each day of continuing violation shall constitute a separate offense subject to the penalties set forth
herein. (Prior code S 9.5-533)
273
9.04.0 I 0
Chapter 9.04
DECISION-MAKING AND ADMINISTRATIVE BODIES GENERALLY
Sections:
9.04.010
9.04.020
9.04.030
9.04.040
9.04.050
Board of county commissioners.
County attorney.
County engineer.
Hearing officer.
Qualified biologist.
9.04.010 Board of county commissioners.
In addition to any authority granted the board of county commissioners by state law or this code~ the board of county
comlnissioners shall have the following powers and duties:
A. To adopt and alnend the official land use development Inap and existing conditions map after recommendation by
the planning cOlnmission~
B. To initiate amendlnents to the text of this title and the plan~
c. To hear~ review and adopt amendments to the text of these regulations after recommendation by the planning com-
mlSSlon~
D. To act upon applications for variances from the elevation requirements of the floodplain managelnent regulations of
the plan~
E. To designate and appoint a hearing officer to make recommendations in regard to detenninations of vested rights or
such other decisions as the board may deem appropriate~
F. To take such other action not delegated to the planning cOlnlnission as the board of county comlnissioners may
deeln desirable and necessary to implement the provisions of these regulations and the plan~
G. The following board hearings Inay be held in Key West~ Marathon or Plantation Key/Key Largo areas depending
on which site is the closest to the property involved: conditional use permits which are also developments of regional ilnpact
or are to be the subject ofdevelopment agreements~ plat approvals~ floodplain managelnent variances~ adoption offindings
of fact and orders for beneficial uses and vested rights~ designations of archaeological~ historical or cultural landmarks: des-
ignations of areas of critical county concern or any Inodification of such designations~ appeals of the planning director~s
decisions on impact fees~ amendments to the land use district maps~ and any other iteln which the board~ in its discretion~
decides should be heard at a specific site. In the event a proposed area of critical county concern will affect various proper-
ties a portion of which are closest to one hearing site and a portion of which are closest to another~ then at least one hearing
shall be he ld at each site before any final board action may be taken:
H. In the case of conditional use pennits which are also developments of regional ilnpact or are conditional use per-
mits which are to be the subject ofdeveloplnent agreements under F.S. S 163.3225 et seq.~ then the county cOlnmission shall
conduct such public hearings and grant or deny the conditional use pennit approval as required by general law:
I. To establish. by resolution~ a schedule offees to be charged by the growth management division (GMD) to persons
filing land development permit applications~ land development approval applications~ and land development order applica-
tions however styled~ and any land development order appeal however styled. In establishing the fee amounts~ the GMD
director shall present evidence to the board of the cost incurred by the GMD in stafftime~ and material expended., that are
usually required to review the particular item that is the subject of the proposed fee. The general administrative and opera-
tional overhead of the GMD may not be included in the fee amount. While mathelnatical exactitude is not required~ no fee
adopted by the board pursuant to this subsection Inay be in excess of the alnount reasonably supported by the evidence
submitted by the GMD director regarding the stafftilne incurred~ and Inaterial expended~ usually required for the review of
the particular item that is the subject of the proposed fee. Any fee resolution considered by the board pursuant to this sub-
section must be heard by the board at a tilne certain public hearing with public notice provided in the same Inanner as the
public notice required for the adoption of an ordinance under F.S. ~ 125.66(2)(a). At the public hearing~ members of the
public must be afforded an opportunity to comment on the proposed fees. The fees established shall generally be nonrefund-
able~ provided~ however., the board may approve a refund of up to fifty (50) percent of the fee upon good cause shown by
274
9.04.020
the applicant and a recommendation from the GMD director that the refund will not result in GMD staff time costs or Inate-
rial costs already expended going unreimbursed. (Ord. 0] 1-2004 9 I; prior code 9 9.5-2])
9.04.020 County attorney.
In addition to the jurisdiction, authority and duties which Inay be conferred upon the county attorney by other provisions
of the Monroe County Code, the county attorney shall have the following authority and duties:
A. To review and approve as to form all written findings offact and resolutions drafted by the planning commission or
the board of county commissioners in connection with any requirement of this title;
B. To review and approve as to form all easements, declarations of covenants, letters of credit, performance guarantees
or other suc:h documentation; and
C. To advise the department of planning, development review comlnittee, planning commission, and board of county
comlnissioners in regard to the legal issues which may arise during implementation of the plan and this title. (Prior code
9 9.5-25)
9.04.030 County engineer.
In addition to the jurisdiction, authority and duties which may be conferred upon the county engineer by other provisions
of the Monroe County Code, the county engineer shall have the following authority and duties:
A. To serve as a member of the development review committee;
B. To review and approve the design specifications for required subdivision ilnprovements;
C. To calculate the amounts of required subdivision improvement guarantees;
D . To determine the sufficiency of ilnprovement guarantee fund balances; and
E. To inspect, approve and recommend acceptance of public improvements. (Prior code 9 9.5-26)
9.04.040 Hearing officer.
A. Cre~ation and Appointment. The board of county commissioners shall appoint one or more hearing officers to hear
and consider such matters as may be required under any provision of this title or as may be determined to be appropriate by
the board from time to time. Such hearing officers shall serve at the pleasure of the board for such period as is determined
by the board. Such hearing officers shall be compensated at a rate to be determined by the board of county commissioners,
which amount shall be reimbursed to the county by the applicant. Whoever shall accept an appointment as a hearing officer
shall, for a period of one year from the date of termination as holder of such office, not act as agent or attorney in any pro-
ceeding, application or other matter before any decision-making body of the county in any matter involving property that
was the subjiect of a proceeding which was pending during the titne he or she served as a hearing officer.
B. Minimuln Qualifications. A hearing officer shall have the following minimum qualifications:
1. Be an attorney admitted to practice before the Supreme Court of the state of Florida;
2. Oernonstrated knowledge of administrative, environmental and land use law practice and procedure~ and
3. Hold no other appointive or elective public office or position during the period of appointment.
C. Duties. A hearing officer shall have the following duties:
1. To Iconduct hearings on such matters as required under this title~
2. To Iconduct hearings on such matters as may be requested by the board of county commissioners~
3. To render to the board of county commissioners a written report containing a summary of the testimony and evi-
dence given and findings and recommendations regarding the specific standards applicable to the particular application for
development approval~
4. To issue subpoenas to compel the attendance of witnesses and production of documents, and to administer oaths to
witnesses appearing at the hearing~ and
5. To perform such other tasks and duties as the board of county commissioners Inay assign. (Prior code 9 9.5-27)
9.04.050 Qualified biologist.
A. County Biologists. The county shall employ qualified biologists to be available to conduct the field surveys re-
quired under this title. The costs incurred by the county for conducting such surveys shall be reimbursed by the applicant for
development approval for whom the survey is conducted.
275
9.04.050
B. Alternative Biologists. An applicant for development approval may utilize a biologist not employed by the county
for a required field survey provided that the biologist is a professional familiar with the natural environment of the Florida
Keys. Biological assessments by alternative biologists are subject to review and approval by the Monroe County division of
environlnental resources and the director of planning. (Prior code ~ 9.5-28)
276
9.06.010
Chapter 9.06
PLANNING COMMISSION
Sections:
9.06.010
9.06.020
9.06.030
9.06.040
9.06.050
9.06.060
9.06.070
9.06.080
Creation.
Powers and duties.
Qualifications for membership.
Membership-Appointment, removal, terms and vacancies.
Recording secretary.
Staff.
Quorum and necessary vote.
Meetings, hearings and procedure.
9.06.010 Creation.
There is lestablished a planning commission. (Prior code S 9.5-22(a))
9.06.020 Powers and duties.
The planning commission shall have the following powers and duties:
A. To serve as the local planning agency (LP A)., required by F.S. S 163.3174~
B. To prepare or cause to be prepared a comprehensive plan or element thereof and to submit to the board of county
commissioners an annual report recommending amendments to such plan~
C. To review and make recommendations to the board of county commissioners in regard to amendment of the official
land use district map~
D. To hear., review and approve or disapprove applications for minor or major conditional use permits~
E. To initiate., hear., review and make recommendations to the board of county commissioners on applications for
amendment to the text of this title~
F. To hear., review and recommend approval or disapproval of all plats in accordance with the rules and regulations
established by the board of county cOlnmissioners~
G. To hear., consider and act on appeals of administrative actions~
H . To act to ensure compliance with conditional use permits., as approved and issued~
1. To lnake its special knowledge and expertise available upon reasonably written request and authorization of the
board of county COlTIlnissioners to any official., department., board., commission or agency of the county., state or federal gov-
emment~ and
1. To adopt such rules of procedure necessary for the administration of their responsibilities not inconsistent with this
chapter and ,Chapters 9.04 and 9.08 to govern the commission's proceedings. (Prior code S 9.5-22(b))
9.06.030 Qualifications for membership.
Members of the planning commission shall be qualified electors in Monroe County. In the event that any melnber is no
longer a qualified elector or is convicted of a felony or an offense involving moral turpitude while in office., the board of
county comrnissioners shall terminate the appointment of such person as a member of the commission. (Prior code S 9.5-
22(c))
9.06.040 Membership-Appointment, removal, terms and vacancies.
A. The planning cOlnmission shall be composed of five members to be appointed by the mayor with the advice and
consent of the board of county commissioners. Each member of the board of county cOlTIlnissioners shall submit a name of a
candidate to the mayor. The areas of planning., environmental science., and the development industry together with the geo-
graphical representation of the Keys shall be considered.
B. Mernbers may be removed for cause prior to the expiration of their appointment by the majority vote of the board
of county commissioners and shall be compensated as determined by the board of county commissioners.
277
9.06.050
C. All members shall serve a term of two years except that two members shall be appointed for an initial term of one
year. No melnber shall serve more than three consecutive terms.
D. At an annual organizational meeting~ the members of the planning commission shall elect one of their members as
chairperson and one as vice-chairperson. In the absence of the chairperson~ the vice-chairperson shall act as chairperson and
shall have all powers of the chairperson. The chairperson shall serve a term of one year. No Inember shall serve as chairper-
son for more than two consecutive terms.
E. The presiding officer of any meeting of the commission shall administer oaths~ shall be in charge of all proceedings
before the commission~ and shall take such action as shall be necessary to preserve order and the integrity of all proceedings
before the commission.
F. If any melnber of the commission shall fail to attend three regular lneetings of the commission within any three-
month period~ such failure shall constitute sufficient grounds fortennination of the melnber~s appointment. The chairperson
or the vice-chairperson~ as the case Inay be~ shall ilnmediately file a notification of such nonattendance with the county ad-
ministrator for placement on the agenda of the board of county comlnissioners~ and the board shall~ by appropriate action~
tenninate the appointment of such person and till the vacancy thereby created as soon as practicable.
G. A representative of the school district shall be appointed by the school board as a nonvoting member of the plan-
ning commission and shall attend those meetings at which the planning commission considers comprehensive plan alnend-
ments and rezonings that would~ if approved~ increase residential density on the property that is the subject of the applica-
tion. (Ord. 0 13-2003 ~ I ~ prior code S 9.5-22(d))
9.06.050 Recording secretary.
The director of planning shall appoint a recording secretary to serve the planning commission. The secretary shall keep
minutes of all proceedings of the commission~ which minutes shall be a summary of all proceedings before the commission~
attested to by the secretary ~ and which shall include the vote of each member upon every question. The minutes shall be
approved by a majority of the members of the commission voting. In addition~ the secretary shall maintain all records of
commission meetings~ hearings and proceedings~ the correspondence of the commission~ and a mailing list of persons wish-
ing to receive notices ofmeetings~ agendas or minutes and who have paid an annual fee set by the board of county commis-
sioners to cover copying and mailing costs. (Prior code ~ 9.5-22(e))
9.06.060 Staff.
The department of planning shall be the professional staff of the planning commission. (Prior code ~ 9.5-22(t))
9.06.070 Quorum and necessary vote.
No meeting of the planning commission may be called to order~ nor may any business be transacted by the commission~
without a quorum consisting of at least three members of the commission being present. The chairperson shall be considered
and counted as a member. The concurring vote of at least three members shall be necessary for the commission to take ac-
tion on major or minor conditional use applications~ final plat approvals~ amendments to the text of this title or to the official
land use district lnap. All other actions shall require the concurring vote of a simple majority of the Inelnbers of the com-
mission then present and voting. (Prior code S 9 .5-22(g))
9.06.080 Meetings, hearings and procedure.
A. Regular meetings of the planning commission shall be scheduled beginning January I st of every calendar year for
twice lnonthly and as required by a Inajority of the board of county commissioners~ the chairperson of the planning commis-
sion~ or a majority of the members of the planning cOlnlnission. However~ no regular Ineetings shall be scheduled for the
month of August.
B. The regularly scheduled (bi-monthly) meetings shall rotate between the middle Keys and upper Keys sub-areas. All
items which relate to specific properties such as but not limited to minor and major conditional uses~ variances and adminis-
trative appeals~ shall be held at the regularly scheduled Ineeting closest to the subject property. The planning cOlnmission
may~ in its discretion~ schedule special meetings in the lower Keys sub-area as required by the demand for such meetings. In
cases where an iteln is postponed due to the lack of a quofUln of the planning commission~ the item shall be continued to a
speciallneeting to be held in the same sub-area within seven working days. In cases where an item is postponed for any
other reason~ the iteln shall be continued to the next regularly scheduled meeting closest to the subject property. Items which
278
9.06.080
are not related to specific properties, such as but not limited to text amendlnents to this title and comprehensive plan
amendments, Inay be heard in either the Iniddle or upper Keys locations, or the planning comlnission may, in its discretion,
schedule such items for the most appropriate area or for additional meetings in each sub-area, including the lower Keys.
C. All meetings and hearings of the commission shall be open to the public.
D. Public hearings shall be set for a tilne certain. (Ord. 0 14-2003 ~ 1; prior code ~ 9.5-22(h))
279
9.08.010
Chapter 9.08
DEPARTMENT OF PLANNING
Sections:
9.08.010
9.08.020
9.08.030
9.08.040
9.08.050
9.08.060
9.08.070
9.08.080
Generally.
Director of planning.
Development review coordinator.
Development review committee.
Building official.
Division of capital improvements planning.
Land use planning division.
Environmental resources division.
9.08.0 I 0 Generally.
The department of planning shall perfonn the planning functions for the county and shall provide technical support and
guidance for action on applications for development approval and shall perfonn such other functions as may be requested by
the board of county commissioners or the planning commission. The department of planning shall be composed of a build-
ing division~ development review division~ division of capital improvements planning~ division of environmental resources~
a division of land use planning and a division of code enforcement. {Prior code S 9.5-24 (part))
9.08.020 Director of planning.
A. Creation and Appointtnent. The director of planning shall be the department head of the department of planning and
shall be selected by the county administrator and confirmed by the board of county commissioners.
B. Jurisdiction~ Authority and Duties. In addition to the jurisdiction~ authority and duties which may be conferred upon
the director of planning by other provisions of the Monroe County Code~ the director of planning shall have the following
jurisdiction~ authority and duties:
1. To serve as staff to the planning commission and to inform such body of all facts and information at his or her dis-
posal with respect to applications for developtnent approval or any other matters brought before it~
2. To assist the planning commission in the review of the plan~ including the capital improvements progratn~ these
regulations and proposed amendments thereto~
3. To maintain the official land use district map and to make an annual presentation of the map to the board of county
commissioners for certification~
4. To tnaintain development review files and other public records related to the department's affairs~
5. To review~ or cause to be reviewed~ all applications for major conditional use and plat approval~
6. To review and approve or disapprove applications for minor conditional use permits~
7. To recomlTIend amendments to the plan and this title~
8. To render interpretations of the plan~ this title or the boundaries of the official land use district map~
9. To evaluate and act upon clailTIs of nonconforming uses and structures~
10. To work to coordinate alllocal~ regional~ state and federal environmental and other land development permitting
processes affecting develoPlnent in the county~
11. To plan for and evaluate all transportation improvements for the county~ and coordinate such activities with the
Department of Transportation of the state of Florida~
12. To issue certificates of compliance and sign preapplication conference letters of understanding in accordance with
the procedures set forth in the plan~
13. To enforce any provision of this title or any other provision of the Monroe County Code~
14. To establish such rules of procedure necessary for the adtninistration of his or her responsibilities under the plan~
and
15. Whenever requested to do so by the county administrator or the board of county commissioners~ with the assistance
of other county departments., to conduct or cause to be conducted surveys~ investigations and studies~ and to prepare or
cause to be prepared such reports~ maps~ photographs~ charts and exhibits as Inay be requested.
280
9.08.030
C. Minilnum Qualifications. The director of planning shall have the following minimum academic and professional
qualifications:
I. Master of urban or regional planning or public administration or comparable degree from an accredited university;
2. Teltl (10) years' experience in public adlninistration or land planning; and
3. Five years of supervisory experience. (Prior code S 9.5-24(a))
9.08.030 Development review coordinator.
A. Creation and Appointtnent. The developlnent review coordinator shall be a member of the department of planning
and shall bf~ selected by the director of planning and report to the county administrator through the director.
B. Minimum Qualifications. The development review coordinator shall have the following Ininilnum academic and
professional qualifications:
1. Master of urban and regional planning or public administration or comparable degree froln an accredited university;
2. Three years' experience in planning or zoning, including site plan review; and
3. Miltlilnum one year of supervisory experience.
C. Duties. The development review coordinator shall have the following duties:
I. To act as an ombudsman to applicants for development approval by facilitating and, to the extent possible, expedit-
ing compliance with the requirements of these regulations~
2. To serve as chairperson of the development review committee and to prepare for the director of planning's signa-
ture all preapplication conference letters of understanding;
3. To work with regional, state and federal permitting agencies;
4. To detennine the completeness of applications for conditional use and plat approval~
5. To cause publication of notice of hearings on conditional use or plat approval applications;
6. To issue conditional use permits after approval by decision-making bodies; and
7. To deliver final plats to the county clerk for recording after approval. (Prior code S 9.5-24(b))
9.08.040 Development review committee.
A. Creation and Composition. The development review committee shall be composed of the director of planning, the
development review coordinator, the directors of the county's public works department, health department, the county engi-
neer, the county biologist and any other county employee or official designated by the county administrator or the planning
director. The development review committee also should include representatives of each local, regional, state or federal
agency which has entered into an intergovernmental agreement with the county for coordinated development review. A rep-
resentative of the department of community affairs shall serve as an ex officio melnber of the development review commit-
tee as long as the county is located within an area of critical state concern.
B. Duties. The development review committee shall have the following duties:
1. To Ineet at least twice a month to consider such business as is prescribed by this chapter and chapters 9.04 and 9.06,
including:
a. Meeting with any developer at a preapplication conference when requested or required pursuant to the provisions of
this title,
b. Reviewing all applications for development approval and reporting its recommendations to the planning commis-
sion, the board of county commissioners and the planning director, and
c. Reviewing all applications for amendments to the plan;
2 . To Inaintain such minutes and records as are required by state law;
3. Any action reviewing a permit application shall not preclude the applicant's right to be present when his or her pro-
ject is discussed before this body. (Prior code S 9.5-24(c))
9.08.050 Building official.
A. Creation and Appointment. The building official shall be selected by the director of planning and report to the
county administrator through the director.
B. Jurisdiction, Authority and Duties. In addition to the jurisdiction, authority and duties which may be conferred on
the building official by other provisions of the Monroe County Code, the building official shall have the followingjurisdic-
tion, authority and duties:
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9.08.060
I. To issue and revoke building permits in accordance with the procedures of this title~
2. To issue and revoke certificates of occupancy in accordance with the procedures of this title~
3. To serve on the development review committee~
4. To enforce the provisions of this title~
5. To detennine the extent of dalnage or destruction ofnonconfonning uses and structures, in cooperation with the
director of planning~
6. To review building permit applications for repair within areas of special flood hazard to determine that the pro-
posed repair satisfies the requirements of the floodplain Inanagelnent provisions of this title~
7. To review building permit applications for new construction or substantial improvement within areas special flood
hazard to assure that the proposed construction (including prefabricated and mobilehomes) satisfies the floodplain Inanage-
Inent requirelnents of this title~
8. To advise permittees that additional federal or state permits may be required, and if specific federal or state permits
are known to have been issued, to require that copies of such permits be obtained and provided and Inaintained on file with
the building permit application~
9. To notify adjacent communities and the Florida Department of Community Affairs prior to any alteration or reloca-
tion of a watercourse, and to submit evidence of such notification to the Federal Emergency Management Agency~
10. To ass ure that maintenance is provided with in the altered or relocated portion of such watercourse so that the flood-
carrying capacity is not diminished~
II. To verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of
all new or substantially improved structures~
12. To verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved
structures have been floodproofed~
13. In coastal high-hazard areas, to review certifications obtained from registered professional engineers or architects
that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and
hurricane wave wash~
14. To make interpretations, as needed, as to the exact location of boundaries of the areas of special flood hazard~
15. When base flood elevation data has not been provided in accordance with Chapter 9.44, to obtain, review'and rea-
sonably utilize any base flood elevation date available from a federal, state or other source in order to administer the flood-
plain management provisions of this title~ and
16. To provide the board of county commissioners and the planning commission with reports and recomtnendations
with respect to matter before such bodies, as directed by the board of county commissioners, planning director, or the
county administrator. (Prior code S 9.5-24(d))
9.08.060 Division of capital improvements planning.
The capital improvements planning coordinator shall be responsible for current and long-range transportation and other
capital improvements planning and shall be Monroe County's designated liaison with the Florida Department ofTransporta-
tion. The coordinator shall monitor the county's transportation system, prepare an annual report and capital improvements
plan for the county and work with the department of public works and other county departlnents to ilnplement the county's
capital improvements plan. (Prior code ~ 9.5- 24(e))
9.08.070 Land use planning division.
There shall be a land use planning coordinator who shall be responsible for the land use planning function of the depart-
ment of planning, including preparation of updates of data and land use maps, annual reporting on land use trends and pat-
terns and long-range planning. The coordinator shall prepare an annual report on the county's comprehensive plan for the
director of planning. (Prior code S 9.5-24(f))
9.08.080 Environmental resources division.
There shall be an environmental resources coordinator who shall be responsible for the environmental resources planning
of the county and serve as the county biologist. In addition to the division's planning functions and the duties performed by
the county biologist, the director of planning may delegate to the division responsibility for review of environmental aspects
of development permitting and coordinating interagency (state and federal) permitting. (Prior code S 9.5-24(g))
282
Sections:
9.10.010
9.10.020
9.10.030
9.10.040
9.10.050
9.10.060
9.10.070
9.10.080
9.10.090
9.]0.010
Chapter 9.10
DEVELOPMENT APPROVAL G ENERALL Y
Applicability.
Application and fees.
Preapplication conference.
Determination of completeness and compliance, except for single-family dwellings.
Notice.
Hearing procedures for applications for development approval.
Actions by decision-making persons and bodies.
Successive applications.
Suspension of development review proceedings.
9.10.010 Applicability.
The provisions of this chapter and Chapters 9.12 through 9.18 shall apply to all applications for development approval.
(Prior code ~ 9.5-41 )
9.10.020 Application and fees.
Every application for development approval shall be in a form specified by the director of planning and shall be accom-
panied by a nonrefundable fee as established from time to time by the board of county commissioners to defray the actual
cost of processing the application., and the provision of notice if required. (Prior code ~ 9.5-42)
9.10.030 Preapplication conference.
An applicant for developlnent approval may request in writing a preapplication conference with the development review
coordinator. Prior to the conference, the applicant shall provide to the development review coordinator a description of the
character, location and magnitude of the proposed development. The purpose of this meeting is to acquaint the participants
with the requirements of these regulations and the views and concerns of the county. The substance of the preapplication
conference shall be recorded in a letter of understanding prepared by the development review coordinator and signed by the
director of planning. The letter shall be mailed to the applicant within five working days after the conference. The letter of
understanding shall set forth the subjects discussed at the conference and the county's position in regard to the subject mat-
ters discuss~~d. The applicant shall be entitled to rely upon representation made at the conference only to the extent such
representations are set forth in the letter of understanding. (Prior code ~ 9.5-43)
9.10.040 Determination of completeness and compliance, except for single-family dwellings.
Within fifteen (15) working days after an application for developlnent approval has been received, the development re-
view coordinator shall determine whether the application is complete. If the development review coordinator determines
that the application is not complete, he or she shall serve a written notice on the applicant specifying the application ~s defi-
ciencies. The development review coordinator shall take no further action on the application unless the deficiencies are
remedied. If the development review coordinator fails to make a determination of completeness within fifteen (15) working
days, the application is deemed complete. Once the application is deelned complete, the development review coordinator
shall cause the application to be evaluated within ten (10) working days for compliance with the county's land use regula-
tions. I f the developlnent review coordinator determines that the application is not in compliance, he or she shall serve a
written notice explaining why this is so; and the application shall be denied. If the application is determined to be in cOlnpli-
ance with th(~se land use regulations, the development review coordinator shall notify the applicant and the secretary of the
planning cornmission so that a public hearing may be scheduled no earlier than thirty (30) days following a determination of
compliance and a notice given, ifrequired, and shall convene the development review committee. A determination of com-
pleteness shall not constitute a determination of compliance with the substantive requirements of this title. (Prior code ~ 9.5-
44)
283
9.10.050
9.10.050 Notice.
A. Content of Notice. Every required notice shall include the date, time and place of the hearing, the address where
known, a description of the site of the proposed development to identify it for others to locate, the legal description of the
subject property with reference to the closest mile Inarker, a SUlnlnary of the proposal to be considered, and identification of
the body conducting the hearing.
B. Publication. Notice of public hearings shall be given at least thirty (30) days in advance of the hearing date by pub-
lication in the nonlegal section of the local newspapers of greatest general circulation in the Lower, Middle, and Upper Keys
of Monroe County except, however, that the notice for amendments to the text of these regulations shall be given at least
fifteen (15) days, excluding Sundays and holidays, in advance of the hearing by publication in either the legal or nonlegal
section of the local newspapers of greatest general circulation in the Lower, Middle, and Upper Keys of Monroe County.
C. Posting of Notice. At least thirty (30) days prior to any public hearing, all applicants, excluding governlnental
agencies, shall post the property that is the subject of the hearing with a waterproof sign at least four square feet in front
surface area, which is so lettered that the date, tilTIe and location of the hearing shall be easily visible from all public streets
and public ways abutting the property. Failure to provide proper notice as per the Monroe County Code or other reason re-
sulting in a delayed hearing shall result in the renoticing and rehearing of the original proposal and which shall be at the
expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall
relTIOVe the posted notice within ten (10) days after cOlnpletion of the hearing.
D. Mailing of Notice. Notice of a public hearing to consider a major conditional use shall be mailed by the county to
all owners of real property located within three hundred (300) feet of the property proposed to be developed as a major con-
ditional use, including any residents of the parcel proposed for development, at least thirty (30) days prior to a public hear-
ing. A list of such owners, as shown by the latest available records in the Monroe County property appraiser's office, shall
be provided by the applicant with an application for development approval.
E. Other Notice. Notice of all public hearings shall be mailed to all organizations, associations and other interested
persons or groups which have registered with the departlnent of planning and paid an annual fee to defray the cost ofmail-
Ing.
F. Affidavit and Photograph of Notice. An affidavit and photographic evidence shall be provided by the applicant at
the public hearing that the applicant has complied with the notice required by this section. (Prior code S 9.5-45)
9.10.060 Hearing procedures for applications for development approval.
A. Setting the Hearing. When the department review coordinator determines that an application for development ap-
proval is complete and that a public hearing is required by this title, he or she shall consult with the secretary of the body or
bodies required to conduct the hearing and shall select a place and time certain for the required hearing, and shall cause pub-
lished, written and posted notices of the hearing to be given.
B. Exalnination and Copying of Application and Other Documents. At any time upon reasonable request, any person
may examine the application and materials submitted in support of or in opposition to an application for developlnent ap-
proval. Copies of such Inaterials shall be made available at cost.
C. Conduct of Hearing.
1. Oath or Affirmation. Testimony and evidence shall be given under oath or by affirmation to the body conducting
the hearing.
2. Rights of All Persons. Any person or persons may appear at a public hearing and submit evidence, either individu-
ally or as a representative of an organization. Anyone representing an organization must present written evidence of their
authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a
public hearing shall identify himself or herself and his or her address and if appearing un behalf of an organization state the
name and mailing address of the organization.
3. Due Order of Proceedings. The body conducting the hearing may exclude testimony or evidence that it finds to be
irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses,
but shall do so only through the chairperson at the chairperson's discretion. The order of proceedings shall be as follows:
a. The department of planning staff shall present a narrative and graphic description of the proposed developtTIent.
b. The department of planning staff shall present a written and oral recommendation, including the report of the de-
velopment review committee. This recommendation shall address each factor required to be considered by the plan prior to
development approval and shall be made available to the applicant at least three working days prior to the hearing.
284
9.10.070
c. Th,~ applicant shall present any information it deems appropriate.
d. Public testimony shall be heard~ first in favor of the proposat then in opposition to it.
e. Thl~ department of planning staff may respond to any statement made by the developer or any public COlllment.
f. Thl~ applicant may respond to any testimony or evidence presented by the staff or public.
4. Testimony. In the event any testimony or evidence is excluded as irrelevant~ illllllaterial or unduly repetitious~ the
person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evi-
dence for the record. Such proffer may be made at the public hearing or in writing within fifteen (15) days after the close of
the hearing.
5. Continuance of Hearing. The body conducting the hearing may~ on its own Illotion or at the request of any person~
continue tht~ hearing to a fixed date~ time and place. No notice shall be required if a hearing is continued. An applicant shall
have the right to request and be granted one continuance; however~ all subsequent continuances shall be granted at the dis-
cretion of the body conducting the hearing only upon good cause shown. All adjourned public hearings shall COlTIlllenCe
only upon the giving of all notices which would have been required were it the initial call of the public hearing.
6. In the event of written protests against a proposed major conditional use development order signed by the real
property O\\iners of twenty (20) percent or more of the people required to be noticed in Section 9.1 0.050(D)~ such applica-
tion shall not be approved except by the concurring vote of at least four commissioners before the full board of either COIll-
miSSion.
7. Other Rules to Govern. Other matters pertaining to the public hearing shall be governed by other provisions of the
Monroe County Code applicable to the body conducting the hearing and its adopted rules ofprocedure~ so long as the same
are not in contlict with this chapter and Chapters 9.12 through 9.18. The county~s decision-lnaking bodies may adopt a rule
of procedun~ to lilnit the nUlnber of applications for development approval which may be considered per meeting.
8. Re{:ord.
a. Tht~ body conducting the hearing shall record the proceedings by any appropriate means which shall be transcribed
at the request of any person upon application to the county administrator and payment of a fee to cover the cost oftranscrip-
tion or duplication of the audio record or tape. Except~ however~ if a person desires to appeal a decision of the planning
commission pursuant to the hearing officer appellate chapter~ Chapter 9.80~ such person shall~ at his or her own expense~
provide a transcript of the hearing before the planning commission transcribed by a certified court reporter.
b. ThE~ transcript, all applications, memoranda, or data submitted to the decision-making body, evidence received or
considered by the decision-making body~ questions and proffers of proof, objections, and rulings thereon~ presented to the
decision-making body, and the decision~ recolnmendation or order of the decision-lllaking body shall constitute the record.
c. All records of decision-making bodies shall be public records~ open for inspection at reasonable times and upon
reasonable notice. (Prior code S 9.5-46)
9.10.070 Actions by decision-making persons and bodies.
A. General. All decision-making persons and bodies shall act in accord with time lilnits established in this title except
as provided in Section 9.02.030(B). Action shall be taken as promptly as possible in consideration of the interests of the
citizens of l\10nroe C:ounty.
B. Findings. All decisions shall be in writing and adopted by resolution and shall include at least the following ele-
ments:
1. A summary of the information presented before the decision-making body;
2. A summary of all doculnentary evidence provided to the decision-making body or which the decision-making body
considered in making its decision; and
3. A c ]lear statement of specific findings of fact and a statement of the basis upon which such facts were determined,
with specific reference to the relevant standards set forth in this title, including but not limited to the standards in Section
9.14.050.
C. Notification. Notification of a decision-making body's decision~ by copy of the resolution~ shall be mailed by the
development review coordinator to the applicant by certified mail. (Prior code S 9.5-47)
9.10.080 Successive applications.
Whenever any application for development approval is denied for failure to meet the substantive requirements of these
regulations, an application for development approval for all or a part of the same property shall not be considered for a pe-
285
9.10.090
riod of two years after the date of denial unless the subsequent application involves a development proposal that is materi-
ally different from the prior proposal or unless four Inembers of the planning comlnission detennine that the prior denial
was based on the material mistake offact. For the purposes of this provision, a development proposal shall be considered
Inaterially different if it involves a change in intensity of use of more than twenty-five (25) percent of the application ex-
pressly satisfies the deficiencies that were identified in the prior denial. The body charged with conducting the initial public
hearing under such successive applications shall resolve any question concerning the silnilarity of a second application or
other questions which may develop under this section. (Prior code ~ 9.5-48)
9.] 0.090 Suspension of development review proceedings.
The director of planning may in his or her discretion suspend consideration of any application for development approval
during the pendency of a code enforcement proceeding involving all or a portion of the parcel proposed for developlnent.
(Prior code ~ 9.5-49)
286
9.12.010
Chapter 9.12
DEVELOPMENT APPROVAL AS OF RIGHT
Sections:
9.12.010
9.12.020
9.12.030
9.12.040
Pu rpose.
Permit-Application.
Action on the application.
Certified IS districts.
9.12.010 Purpose.
Uses penmitted as of right are those uses which are cotnpatible with other land uses in a land use district provided they
are developed in conformity with this title. (Prior code ~ 9.5-55(a))
9.12.020 Permit-Application.
An applicant for development approval for a use permitted as of right shall submit an application for a building permit~
together with a certificate of compliance, if required~ obtained pursuant to Section 9.20.020 and a description of the pro-
posed development~ to the building official. (Prior code ~ 9.5-55(b))
9.12.030 Action on the application.
If the dir(~ctor of planning determines that the proposed development is in compliance with all requirements of the county
code and the county comprehensive plan~ and the building official determines that it is in compliance with the Standard
Building Code and the applicant for development approval has been awarded a certificate of compliance, the building offi-
cial shall issue a building permit with or without conditions. (Prior code ~ 9.5-55(c))
9.12.040 Certified IS districts.
This sectilon authorizes the development review coordinator to submit for certification by the board of county commis-
sioners certain IS areas herein defined which may be issued permits without review by the land planning division.
A. At any regularly scheduled meeting of the board of county commissioners~ certification may be given to those IS
areas recom:mended for approval and listing by the development review coordinator.
B. The development review coordinator shall recommend from time to time to the board of county commissioners any
IS area which meets the following:
I. Do(:umentation that all utilities and roads are in place consistent with the definition of IS~
2. Documentation that all appropriate bulk regulations found in Section 9.40.0] 0 can be followed~ as well as the re-
quirements of Division 5 also in V.3 ~
3. Provision for appropriate impact fee payments as required by Chapter ] 2 of V.3;
4. Provision for required landscaping as required by Division 20~ V.3~ and
5. Provisions for adequate parking as required by Chapter 9.50 of this code and access by Division ] 4 of V.3.
C. Any certificate given by the board of county comtnissioners under this chapter shall be in the form of a resolution
which shall specify compliance with the requirements of subsection B of this section. (Prior code ~ 9.5-55(d))
287
9.14.010
Sections:
9.14.010
9.] 4.020
9.14.030
9.14.040
9.14.050
9.14.060
9.14.070
9.14.080
9.14.090
9.] 4.1 00
9.14.110
9.14.120
9.14.130
9.14.140
9.14.]50
Chapter 9.14
CONDITIONAL USES
Pu rpose.
Authority.
Authorized conditional uses.
Initiation.
Standards applicable to all conditional uses.
Conditional use permits and bulk regulations.
Conditions.
Minor conditional uses.
Major conditional uses.
Final development plan subsequent to approval of conditional use permit.
Recording of conditional uses.
Development under an approved conditional use permit.
Amendments to permits for conditional uses.
Development(s) of regional impact.
Developments of regional impact and development agreements.
9.14.0] 0 Purpose.
Conditional uses are those uses which are generally compatible with the other land uses permitted in a land use district~
but which require individual review of their location~ design and configuration and the imposition of conditions in order to
ensure the appropriateness of the use at a particular location. (Prior code * 9.5-61)
9.14.020 Authority.
The director of planning and the planning commission may, in accordance with the procedures, standards and limitations
of this chapter and Chapters 9.10, 9.12, 9.16 and 9.18 and subject to such rights of appeal as are provided~ approve applica-
tions for conditional use permits. (Prior code * 9.5-62)
9.14.030 Authorized conditional uses.
Only those uses which are authorized in Chapter 9.34 or those nonconforming uses which are damaged or destroyed, and
are permitted to be reestablished in Chapter 9.26, may be approved as conditional uses.
A. The designation of a use in a land use district as a conditional use does not constitute an authorization or an assur-
ance that such use will be approved.
B. Each proposed conditional use shall be evaluated by the planning director and the planning commission for compli-
ance with the standards and conditions set forth in this chapter for each district.
C. The planning commission is empowered, within its review of conditional use applications, to lTIodify or to deny any
application which may not be appropriate within any particular planning area in the context of surrounding properties and
neighborhoods as well as on grounds of insufficient submittals for adequate review or contrary to objectives and goals of the
comprehensive plan. (Prior code * 9.5-63)
9.14.040 Initiation.
An application for a development permit shall be submitted by the owner~ an agent authorized in writing to act on the
owner~s behalf~ or other person having a written contractual interest in the parcel of land proposed for development. (Prior
code ~ 9.5-64)
288
9.14.050
9.14.050 Standards applicable to all conditional uses.
When considering applications for a conditional use permit, the director of planning and the planning comlnission shall
consider the extent to which:
A. The conditional use is consistent with the purposes, goals, objectives and standards of the plan and this title;
B. The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for
development;
C. Thl~ design of the proposed development minimizes adverse effects, including visual impacts, or the proposed use
on adjacent properties;
D. Thl~ proposed use will have an adverse effect on the value of surrounding properties;
E. Thl~ adequacy of public facilities and services, including but not limited to roadways, park facilities, police and fire
protection, hospital and Medicare services, disaster preparedness program, drainage systems, refuse disposal, water and
sewers, judged according to standards from and specifically modified by the public facilities capital improvelnents adopted
in the annual report required by this title;
F. The applicant for conditional use approval has the financial and technical capacity to complete the development as
proposed and has made adequate legal provision to guarantee the provision and development of any open space and other
ilnprovements associated with the proposed development;
G. The development will adversely affect a known archaeological, historical or cultural resource;
H. Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and
I. The proposed use complies with all additional standards imposed on it by the particular provision of this title au-
thorizing such use and by all other applicable requirelnents of the Monroe County Code. (Prior code S 9.5-65)
9.14.060 Conditional use permits and bulk regulations.
The director of planning or the planning commission may approve a conditional use permit that modifies or waives the
minimum yard requirements set out in Section 9.40.010 provided that the director or commission expressly finds that the
modification or waiver will enhance the ability of the proposed conditional use to meet the general standards set out in Sec-
tion 9.14.050 for all conditional uses. (Prior code S 9.5-66)
9.14.070 Conditions.
The director of planning or the planning commission may attach such conditions to a conditional use permit as are neces-
sary to carry out the purposes of the plan and to prevent or minimize adverse effects upon other property in the neighbor-
hood, includling but not limited to limitations on size, bulk and location; requirements for landscaping, lighting and provi-
sion of adequate ingress and egress and off-site but project-related improvements; duration of the permit; hours of opera-
tion; and mitigation of environmental impacts. The planning commission or the director of planning may attach a condition
requiring submission and approval of a final development plan pursuant to Section 9.14.100 before development is cOln-
menced for either a Ininor or major conditional use. (Prior code S 9.5-67)
9.14.080 Minor conditional uses.
A. Applications for a Minor Conditional Use Permit. An application for a minor conditional use permit shall be sub-
mitted to the: development review coordinator in the form provided by the director of planning. Ifapproval ofa plat is re-
quired for the proposed development, an application for plat approval shall be submitted in conjunction with the application
for a conditional use permit. If an application for a minor conditional use includes a major conditional use, then the minor
conditional use shall be considered in conjunction with the major conditional use in accordance with the procedures ofSec-
tion 9.14.090.
B. Review by the Development Review Committee. An application for a minor conditional use permit shall be re-
viewed by the development review committee. The development review committee shall forward its report and reCOlnmen-
dation on th~~ application for a minor conditional use pennit to the director of planning within ten (10) working days of its
determination of completeness.
C. Decision by the Director of Planning. Within ten (10) working days after receiving the report and recolnmendation
of the development review committee, the director of planning shall render a development order granting, granting with
conditions or denying the application for a minor conditional use permit.
289
9.14.090
D. Notice of Grant ofa Minor Conditional Use Perlnit. The director of planning shall give notice of any development
order granting a minor conditional use by sending a written notice to all owners of real property located within three hun-
dred (300) feet of the property that is subject to the tninor conditional use pennit, and notice of the intent to issue the tninor
conditional approval shall be published in newspapers of local circulation in the county by advertisement in the legal sec-
tion. The costs of publication and written notice are to be borne by the applicant. Notice by the planning director shall be by
regular mail on the day of the granting of the minor conditional use.
E. Consideration of a Minor Conditional Use Approval by the Planning Commission. Consideration ofa minor condi-
tional use approval shall be governed by the provisions of Chapters 9.78 and 9.82.
F. Public Hearing on an Application for a Minor Conditional Use Permit. The public hearing on an application for
minor conditional use, ifrequested by the applicant, an adjacent property owner, or an aggrieved or adversely afTected per-
son, as defined by F.S. 9 ] 63.32] 5(2), (1985), or any resident or real property owner" shall be conducted by the planning
comtnission in accordance with the provisions of Section 9.82.050. (Prior code ~ 9.5-68)
9.14.090 Major conditional uses.
A. Applications for Major Conditional Uses. An application for a major conditional use permit shall be subtnitted to
the development review coordinator in a form provided by the director of planning.
I. Ifapproval ofa plat is required for the proposed development, an application for plat approval shall be submitted in
conjunction with the application for a conditional use permit. However, a major conditional use shall not become effective
until the plat has been approved by the board of county cotnmissioners.
2. As a part of the application for major conditional use, an applicant shall be required to submit the following, except
for those inappropriate to the proposed developlnent due to the limited size or scale of the development as determined by the
planning director:
a. An environmental designation survey consisting of:
i. A plan drawn to a scale of one inch equals twenty (20) feet or less, except where impractical and the planning
director authorizes a smaller scale, and showing the following:
(A) Location of property,
(B) Date, approximate north point and graphic scale,
(C) Acreage within the property,
(D) Boundary I ines of the property and their bearings and distances,
(E) Topography and typical ground cover,
(F) General surface characteristics, water areas and drainage patterns,
(G) Contours at an interval of not greater than one foot or at lesser intervals if deemed necessary for review purposes,
(H) One hundred (100) year flood-prone areas by flood zone,
(I) Presently developed and/or already altered areas, and
(J) Location of mean high-water line,
II. A natural vegetation map and/or a map of unique environtnental features such as:
(A) Climax tropical hardwood hammocks,
(8) Endangered species habitats,
(C) Major wildlife intensive use areas,
111. Aerial photographs of the property and surrounding area,
IV. A review of historical and archeological sites by the Florida Division of Archives, History and Records Manage-
ment,
v. A review of unique environmental features such as:
(A) Climax tropical hardwood hammocks,
(8) Endangered species habitats,
(C) Major wildlife intensive use areas,
VI. Actual acreage of specific vegetation species or other environmental characteristics,
vii. General information relating to the property in regard to the potential impact which development of the site could
have on the area"s natural environment and ecology,
viii. Environmental resources:
290
9. 14.090
(A) If shoreline zones were identified, describe in detail any proposed site alterations in the areas, including vegetation
removal, dr,edging, canals or channels; identify measures which have been taken to protect the natural, biological functions
of vegetation within this area such as shoreline stabilization, wildlife and marine habitat, marine productivity and water
quality mailtltenance,
(B) Iftlropical hammock comlnunities or other protected vegetative communities were identified, describe proposed site
alteration in those areas and indicate lneasures which were taken to protect intact areas prior to, during and after construc-
tion,
(C) Describe plans for vegetation and landscaping of cleared sites including a completion schedule for such work~
ix. Environmental resources-wildlife: describe the wildlife species which nest, feed or reside on or adjacent to the pro-
posed site. Specifically identify those species considered to be threatened or endangered. Indicate measures which will be
taken to protect wildlife and their habitats,
x. Environmental resources-water quality:
(A) Identify any waste water disposal areas, including stormwater runoff, septic tank drain-fields, itnpervious surfaces
and constru(~tion-related runoff; describe anticipated volume and characteristics. Indicate measures taken to minilnize the
adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during, and after con-
struction; identify the nearshore water quality; and identify how this development will not adversely impact the nearshore
water quality,
(B) Indicate the degree to which any natural drainage patterns have been incorporated into the drainage system of the
project;
b. A community impact statement, including:
l. General description of proposed development:
(A) Provide a general written description of the proposed development; include in this description the proposed phases
of developlTlent or operation and facility utilization, target dates for each of these, and date of completion; in addition, indi-
cate the site size, developing staging and appropriate descriptive measures such as quantity and type of residential units,
cOlnmercial floor area, tourist accommodation units, seating and parking capacities; for residential development, indicate
the anticipalted unit-per-acre density of the completed project,
(B) Identify aspects of the project design, such as a clustering, which were incorporated to reduce public facilities costs
and improvt~ the scenic quality of the development; describe building and siting specifications which were utilized to reduce
hurricane and fire dalnage potential to cOlnply with federal flood insurance regulations and the comprehensive land use
plan,
II. Impact assessment on public facilities and water supply:
(A) Identify projected daily potable water demands at the end of each development phase and specify any consumption
rates which have been assumed for the projection,
(B) Provide proof of coordination with the Florida Keys aqueduct authority; assess the present and projected capacity
of the water supply system and the ability of such system to provide adequate water for the proposed development,
(C) Describe measures to ensure that water pressure and flow will be adequate for fire protection for the type of con-
struction proposed,
iii. Public facilities-wastewater management:
(A) Provide proof of coordination with the Florida Department of Health and Rehabilitative Services,
(B) Provide projection of the average flows of wastewater generated by the development at the end of each develop-
ment phase; describe proposed treatment systeln, method and degree of treatment, quality of effluent, and location of efflu-
ent and sludge disposal areas; identify method and responsibilities for operation and maintenance of facilities,
(C) Ifpublic facilities are to be utilized, provide proof of coordination with the Monroe County waste collection and
disposal district; assess the present and projected capacity of the treatment and transmission facilities and the ability of such
facilities to provide adequate service to the proposed development,
(D) If applicable, provide a description of the volume and characteristics of any industrial or other effluents,
IV. Public facilities-solid waste:
(A) Identify projected average daily volumes of solid waste generated by the development at the end of each phase;
indicate proposed methods of treatment and disposal,
291
9. 14. I 00
(B) Provide proof of coordination with Monroe County municipal services district~ assess the present and projected
capacity of the solid waste treatlnent and disposal system and the ability of such facilities to provide adequate services to the
proposed development,
(C) Comply with the requirelnents of Section 9.60.060 concerning any applicable traffic study.
v. Public facilities-transportation:
(A) Provide a projection of the expected vehicle trip generation at the completion of each develoPlnent phase~ describe
in terms of external trip generation and average daily and peak hour traffic,
(B) If the project site is adjacent to u.S. I, describe the measures, such as setbacks and access limitations, which have
been incorporated into the project design to reduce ilnpacts upon U.S. I.
vi. Housing:
(A) If the project includes residential developlnent, provide breakdown of the proposed residential units by price range
or rental range and type of unit such as single-family, duplex, townhouse, etc.,
(B) If lots are to be sold without constructed dwelling units, indicate the number and percentage of such lots and the
extent of improvements to be made prior to sale,
(C) Assess the potential of the proposed developlnent to meet local or regional housing needs~ in particular, indicate
any measures taken to provide low- and Inoderate-income housing,
vii. Special considerations:
(A) Describe the relationship of the proposed development to the comprehensive land use plan objectives and policies~
also indicate relationships between existing on proposed public facilities plan~ identify any conflicts,
(B) Indicate any relationships of the project to specialland use and development district such as airport noise and haz-
ard zones, solid or liquid waste treatment or disposal areas,
(C) I f applicable, assess the impact of the proposed develoPlnent upon other adjacent or nearby municipalities or coun-
ties,
viii. The data and information provided in a community impact statement shall be coordinated with data and other in-
formation and/or permits required by local, regional, state or federal regulatory or reviewing agencies as appropriate to the
major conditional use proposed.
B. Review by the Development Review Committee. An application for a Inajor conditional use pennit sh~lll be re-
viewed by the development review committee. Within fifteen (15) working days after the submission ofa complete applica-
tion for a major conditional use permit, the development review comlnittee shall forward a report and recommendation on
the application for a major conditional use permit to the planning comlnission.
C. Public Hearing on an Application for a Major Conditional Use Permit. The planning commission shall hold a public
hearing on the application for a major conditional use permit and shall within forty-five (45) working days of the sublnis-
sion of a complete application for a major conditional use permit to the developlnent review coordinator issue a develop-
Inent order granting, granting with conditions or denying the application for a major conditional use permit.
D. Notice of Grant ofa Major Conditional Use Pennit. The director of planning shall give notice of any developlnent
order granting a major conditional use by sending a written notice to all owners of real property located within three hun-
dred (300) feet of the property that is the subject of the Inajor conditional use permit, and notice of the intent to issue the
major conditional approval shall be published in newspapers of local circulation in the county by advertisement other than
in the legal notice section with the cost to be borne by the applicant. Notice by the planning director shall be by regular Inail
within fifteen (15) days of the granting of the major conditional use.
E. Appeal ofa Conditional Use Approved by the Planning Commission. The applicant, an adjacent property owner. or
any aggrieved or adversely affected person, as defined by F.S. ~ 163.3215(2), or any person who presented testimony or
evidence at the public hearing conducted pursuant to subsection C of this section, may request an appeal of the planning
commission's Inajor conditional use decision under the hearing officer appellate chapter, Chapter 9.80, by filing the notice
required by that chapter within thirty (30) days after the publication of notice or sending of the written notice by the county,
whichever is later. (Prior code S 9.5-69)
9.14.100 Final development plan subsequent to approval of conditional use permit.
A. Purpose. The final developlnent plan is a more detailed plan for implementation of an approved conditional use.
B. Authority. The final plan representing conditions placed by the planning commission and required for development
approval shall be sublnitted to the director of planning within sixty (60) days of the rendering of the development order for
292
9.14.110
the conditional use permit. The final plan Inay be sublnitted in phases if phases have been approved as part of approval at
the tilne of lnajor conditional use approval.
C. Application. An application for final developlnent plan approval shall include the information specified in a form
provided by the director of planning.
D. Staff Review. If the development review coordinator shall fmd that the application is complete, the application shall
be reviewed by a development review committee, who shaH sublnit a report to the director of planning and planning com-
mission within fifteen (15) working days of the date of a determination that the application is complete.
E. Final Plan Approval. Unless final development plan approval has been reserved to the planning commission as a
condition of approval of a conditional use permit or by the provisions pertaining to that land use district, the director of
planning, upon a finding of conformity with the conditional use approval, shall prepare a report of his or her findings. If
final action of a final development plan has been reserved to the planning comlnission, the planning commission shall hear
it at a regularly scheduled meeting and upon the recomlnendation of the planning director shall approve a fmal development
plan ifit is deemed to be in conformity with conditional use approval. If the plan is not in conformity, the planning commis-
sion shall return the final plan to the applicant with a written statement of the changes that would make the final plan con-
form. The planning commission shall consider the final plan at a regularly scheduled hearing when requested by the appli-
cant. Any final plan rejected by the planning commission shall be deemed null and void ifnot resubmitted within one hun-
dred eighty I( 1 80) days unless tolled by the filing of an appeal under subsection (E)(2) of this section.
I. A filnal plan shall be deemed to be in conformity if it:
a. Evidences development within the parameters established by the planning commission in the prior approval of the
conditionallLlse as to the total number of dwelling units proposed by type of structure and number of bedrooms;
b. Evidences development within the parameters established by the planning commission as to the total nUlnber of
nonresidential structures;
c. Evidences development within the parameters established by the planning commission as to the total square feet of
building floor area proposed;
d. Evidences development within the parameters established by the planning commission as to the total land area de-
voted to residential uses, commercial uses, public and private open space, streets, off-street parking and loading areas and
other impervious surfaces; .
e. Evidences development within the parameters established by the planning commission for floor area ratio by type
of deve lopment;
f. Evidences development within the parameters established in the prior approval of the conditional use permit for the
number of off-street parking and loading spaces for each type of use;
g. Evidences development which is consistent with the stated purpose of the land use district; and
h. Evidences conformity to such other criteria and/or conditions as were established by the planning commission in
the conditional use permit.
2. The holder of an approved conditional use whose final development plan has been denied by the planning commis-
sion may request an appeal hearing before a hearing officer under the hearing officer appellate chapter, Chapter 9.80, by
filing the notice required by that chapter within thirty (30) days of the date of the written denial of the planning commission.
(Prior code ~~ 9.5-70)
9.14.110 Recording of conditional uses.
A. All conditional use approvals shall be recorded with the clerk of the circuit court in the official records of Monroe
County, including the terms and conditions upon which such approval is given, prior to the issuance of a building permit.
The requirenlent contained in Section 9.14.120(A) that a conditional use permit not be transferred to a successive owner
without notification to the development review coordinator within fifteen (15) days of the transfer must be included on the
document which is recorded pursuant to this section.
B. Prior to the expiration of the time periods described in Section 9.14.120(A)( I) and the commencement of any con-
struction, the owner of any property which is the subject of a recorded conditional use approval and who desires to abandon
such approval shall submit a petition that shall be processed as a major conditional review. The resolution shall be a record-
able instrulnent. If the major conditional use, which is the subject of the recorded approval, has been constructed, or par-
tially constructed, the owner of the site may petition the planning commission for the release, which shall also be by a major
293
9.14.120
conditional review~ but the body shall not grant such a petition unless it finds that the major conditional use has been aban-
doned or is presently in an irrevocable process of abandonment. (Prior code S 9.5-71 )
9.14.120 Development under an approved conditional use permit.
A. Effect of Issuance of a Conditional Use Approval. Approval for a conditional use shall be deemed to authorize only
the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without
notification to the development review coordinator within five days of the transfer.
I. Unless otherwise specified in the approved conditional use approval~ application for a building pennit(s) shall be
Inade within six Inonths of the date of the approval of the conditional use~ and all required certificates of occupancy shall be
procured within two years of the date of issuance of the initial building permit~ or the conditional use approval shall becolne
null and void with no further action required by the county. Approval time frames do not change with successive owners.
An extension oftilne may be granted only by the planning commission for a period not to exceed one year and only within
the original period of validity. When a hearing officer has ordered a conditional use approval initially denied by the plan-
ning comlnission~ the planning cOlnmission shall nonetheless have the authority to grant or deny a time extension under this
section. If the planning commission denies a time extension~ the holder of the conditional use Inay request an appeal of that
decision under the hearing officer appellate chapter~ Chapter 9.80~ by filing the notice required by that chapter within thirty
(30) days of the written denial of the planning commission.
2. Development of the use shall not be carried out until the applicant has secured all other permits and approvals re-
quired by this title~ the Monroe County Code~ or regional~ state and federal agencies and until the approved conditional use
is recorded in accordance with Section 9. 14.110.
B. Adjustments to Approved Conditional Use Approvals and Inspection During Development Under a Conditional
Use Approval.
I. Authorized. After a conditional use has been approved~ adjustments may be approved for major or minor deviations
as set forth in subsection (B)(3) and (4) of this section.
2. Inspections by Department of Planning. Following issuance ofa conditional use approval~ the director of planning
shall review on a quarterly basis until the completion of the development all permits issued and construction undertaken~
shall cOlnpare actual development and the approved plans and permits for development and the approved developlTIent
schedule~ if any ~ and shall report his or her findings in writing to the planning commission.
3. Minor Deviations. The director of planning may approve a minor deviation from the final development plan and
schedule. Minor deviations must be authorized in writing and are subject to adlninistrative appeal to the planning cOlnmis-
sion. Minor deviations which may be authorized are those that appear necessary in light of technical and engineering con-
siderations brought to light by the applicant or the director of planning and shall be limited to the following:
a. Alteration of the location of any road or walkway by not more than five feet~
b. Reduction of the total amount of open space by not more than five percent or reduction of the yard area or open
space associated with any single structure by not more than five percent provided that such reduction does not permit the
required open space to be less than that required by Section 9.38.020 or 9 .48.120~
c. Alteration of the location~ type or quality of required landscaping elements of the conditional use permit.
4. Major Deviations. If the holder of an approved conditional use wishes to make an adjustment to the approval that is
not a minor deviation~ approval of the planning cOlTIlnission in accordance with the provisions of subsection (B)(5) of this
section must be obtained. If the director of planning finds that the development is not proceeding in substantial accordance
with the approved plans or schedule or that it fails in any other respect to comply with the conditional use approval issued or
any provision contained in this title~ that director shall immediately notify the development review coordinator and the
planning cOlnmission and may ~ if necessary for the protection of the public health~ safety or welfare~ notify the building
official to issue a temporary order stopping any and all work on the developlnent until such time as any noncompliance is
cured. No action Inay be taken by the planning commission which effectively amends the conditional use approval except
by way of the procedures set out in Section 9.14.090.
5. Action by the Planning Commission. Within thirty (30) working days following notification by the director of plan-
ning that work is not proceeding in substantial accordance with the approved plans or schedule or in sOlne other respect is
not in compliance with the conditional use approval~ the commission shall:
a. Determine that action be taken to bring development into substantial compliance~
b. Detennine that the conditional use approval be revoked~
294
9.14.130
c. Authorize adjustments to the approved conditional use approval when such adjustments appear necessary in light of
technical or engineering considerations first discovered during actual development and not reasonably anticipated during the
initial approval process. Such adjustments shall be consistent with the intent and purpose of the conditional use approval as
pennitted, and shall be the minimum necessary to overcome the particular difficulty. No adjustlnent shall be inconsistent
with the requirelnents of this title. Prior to considering action on such adjustlnents, the planning comlnission shall make
inquiry of any person or persons having infonnation which may relate to the basis for consideration of an adjustment, but
shall act as promptly and as expeditiously as possible. If the planning commission determines that an adjustment is neces-
sary, it may, without public hearing, approve the following adjustments, provided that such adjustments do not have the
effect of reducing the open space required under the provisions of Section 9.38.020 or 9.48.120:
i. Alteration of the bulk regulations for anyone structure by not more than five percent,
11. Alt,eration of the location of anyone structure or group of structures by not more than ten (10) feet,
Ill. Alt1erations of such other requirements or conditions as were imposed in the approval of the conditional use or in
approval of the final development plan by not more than five percent or, in the case of location, a variation of not more than
ten (10) feet from the location approved in the final plan, so long as in all cases such adjustments are in accord with the pa-
rameters established in the conditional use approval;
d. In the event the building official has issued a temporary order stopping work as provided for herein, the planning
commission shall, within thirty (30) working days from the date of the issuance of the temporary order:
i. Proceed to revoke the conditional use approval, or
II. Overrule the action of the building official, in which case the temporary order shall immediately become null and
void.
6. Appeal Before Hearing Officer. The holder of a conditional use approval aggrieved by the decision of the planning
commission made pursuant to subsection (B)(5) of this section may request an appeal before a hearing officer under the
hearing offil:er appellate chapter, Chapter 9.80, by filing the notice required by that chapter within thirty (30) days of the
date of the \vritten decision of the planning commission.
C. Other Adjustments. Any other adjustments or changes not specified in subsection B of this section shall be granted
only in accordance with procedures for original approval of a conditional use, as set forth in this chapter.
D. Inspections After Development.
I. Inspections by Planning Department. Following completion of the developlnent of a conditional use, the planning
department shall review the development for cOlnpliance with the use as approved. If it is determined that the conditional
use has been developed in accordance with the approval, then a certificate of occupancy shall be issued in accordance with
this title. If the director of planning finds that the development, as completed, fails in any respect to comply with the use as
approved, he or she shall immediately notify the building official, the development review coordinator, the planning com-
Inission, the board of county commissioners, and the applicant of such fact. The building official shall not issue a certificate
of occupancy pursuant to this title until the planning commission has acted on the planning director's notification of non-
compliance.
2. Action by Planning COlnmission. Within thirty (30) working days following notification by the director of plan-
ning, the cOlnmission shall:
a. Recommend that the finding of the director of planning be overruled;
b. Recommend to the applicant modifications in the development to bring it into accord with the terms and provisions
of the final plan approval and the conditional use permit; or
c. Revoke the conditional use permit, as well as all prior approvals and related or resulting pennits.
3. The holder of a conditional use approval aggrieved by the decision of the planning commission pursuant to subsec-
tion (8)(5) of this section may request an appeal before a hearing officer under the hearing officer appellate chapter, Chapter
9.80, by filing the notice required by Chapter 9.80 within thirty (30) days of the date of the written decision of the planning
commission.. (Editorially amended during 2004 codification; prior code ~ 9.5-72)
9.14.130 Amendments to permits for conditional uses.
A conditional use permit may be amended, extended, varied or altered only pursuant to the standards and procedures
established for its original approval or as otherwise set forth in this chapter and Chapters 9.10, 9.12, 9.16, and 9.18. (Prior
code S 9.5-73)
295
9.14.140
9.14.140 Development(s) of regional impact.
All DRrs which will add to the resident population of Monroe County Inust provide hurricane shelter with the following
characteristics:
A. CBS construction~
B. Withstand up to category 3 storm (both wind and flood elevation)~
C . Food service capability~
D. Minimum of two restrooms~ and
E. Minimuln of twenty (20) square feet of space for each person.
Other shelter capability will be acceptable if approved by the department of civil defense. Waiver of any of the require-
Inents listed above Inust be approved by the departlnent of civil defense. (Prior code ~ 9.5-74)
9.14.150 Developments of regional impact and development agreements.
Notwithstanding anything contained in this chapter and Chapters 9.] 0,9.12, 9.] 6 and 9.18 or elsewhere in the Monroe
County land development regulations, when a conditional use is also a developlnent of regional impact or is to be the sub-
ject of a development agreement under F.S. ~ 163.3225 et seq., the final developlnent approval, and the approval of any
deviations therefrom, shall be reserved to the county commission as provided by general law with no right of appeal to the
hearing officer. (Prior code ~ 9.5-75)
296
Sections:
9.16.010
9.16.020
9.16.030
9.16.040
9.16.050
9.16.060
9.16.070
9.16.080
9.16.090
9.16.100
9.16.110
9.16.120
9.16.130
9.16.140
9.16.010
Chapter 9.16
PLA T APPROVAL
Plat approval and recording required.
General standards for plat approval.
Preliminary plat approval.
Final plat approval.
Improvement guarantees.
Preacceptance maintenance of public improvements.
Damage and nuisance guarantee.
Acceptance of public improvements.
Limitations as to county maintenance.
Maintenance of private improvements.
Recording of final plat.
Variances to required subdivision improvements.
Vacation.
Amendment of a recorded final plat.
9.16.010 Plat approval and recording required.
A. Except as provided in subsections Band C of this section, plat approval shall be required for:
I. Th<~ division of land into three or more parcels;
2. The division of]and into two or more parcels where the land involved in the division was previously divided with-
out plat approval within the prior two years; or
3. The division of]and into two parcels where the disclosure statement required under subsection F of this section is
not attached to the conveyance.
B. No building permit, except for sing]e-family detached dwellings and accessory uses thereto, shall be issued for the
construction of any building, structure or improvement unless a final plat has been approved in accordance with the provi-
sions of this. chapter and recorded for the lot on which the construction is proposed.
C. No plat approval is required if the subdivision involved consists only of the dedication ofa road, highway, street
alley or ease:ment and the director of planning finds that it is not necessary that a plat be recorded. In lieu of recording a plat,
the dedication shall be required by deed and shall be subject to compliance with the submission of a grading, paving and
drainage plan which will meet the requirements of these regulations and the posting of an improvement guarantee or bond
as required Illnder Section 9.16.050 before the acceptance of the dedication by the board of county commissioners.
D. No plat of any subdivision shall be entitled to be recorded in the office of the clerk of the circuit court until it shall
have been approved by the board of county commissioners in the manner prescribed herein and certified by the clerk.
E. Ifa plat has been previously approved and recorded, technical or minor changes to the plat may be approved by the
director of planning. All other changes shall be considered in accordance with the provisions of this chapter.
F. Tht~ conveyance of land which involves the division of the land into two parcels where plat approval is not obtained
pursuant to lthis chapter shall include the following disclosure statement:
Thl~ parcel of land described in this instrument is located in unincorporated Monroe County. The use of the
parcel of land is subject to and restricted by the goals, policies and objectives of the Monroe County Plan and De-
velopm1ent Regulations adopted as a part o[ and in conjunction with and as a Ineans of implementing the Monroe
County Comprehensive Plan. The Land Developlnent Regulations provide that no building pennit shall be issued
for any development of any kind unless the proposed development complies with each and every requirement of
the regulations, including minimulTI area requirements for residential development. You are hereby notified that
under tbe Monroe County Land Deve]opment Regulations the division of land into parcels of land [which] are not
approved as platted lots under the regulations confers no right to develop a parcel of land for any purpose.
(Prior code i~ 9.5-81)
297
9.16.020
9.16.020 General standards for plat approval.
A. No prelilninary or final plat shall be approved unless the plat is consistent with the purposes, goals and objectives
of the plan., this title., applicable provisions of state law, the provisions governing the developlnent of land set forth in Chap-
ters 9.32 through 9.66., and the procedures set forth in this chapter and Chapters 9.10,9.12., 9.14 and 9.18.
B. In those areas where the Florida Keys aqueduct authority (FKAA) certifies that it can furnish an adequate supply of
water to the property to be platted., water distribution systems shall be provided and constructed and shall become the prop-
erty of the Florida Keys aqueduct authority and shall be maintained and operated by the authority in accordance with its
water Inain extension policy.
C. Sewers., sewage treatlnent plants., and septic systelns shall meet all requirements of the Monroe County municipal
service district., or any successor thereto., the Florida Departlnent of Environmental Regulations., and the Florida Department
of Health and Rehabilitative Services.
D. No plat shall be approved which creates an unbuildable lot under the provisions of this title unless the plat bears a
legend restricting the use of the unbuildable lot according to the provisions of this title.
E. No plat shall be approved unless it is prepared by a land surveyor licensed in the state of Florida.
F. Lands within the IS., URM., and CFV districts shall not be platted., replatted or otherwise reconfigured in any Inan-
ner that would allow the number of proposed lots or units to exceed the number of parcels that lawfully existed as of Sep-
tember 15., 1986.
G. All open spaces required for a tract of land shall be preserved as dedicated open space for each individual habitat
type through the use of a conservation easelnent or a silnilar legal instrument. (Prior code S 9.5-82)
9.16.030 Preliminary plat approval.
A. Generally. All applicants for approval of a plat involving five or lnore lots shall submit a preliminary plat for ap-
proval in accordance with the provisions of this section.
B. Application. An applicant for preliminary approval shall be submitted to the development review coordinator in
accordance with the provisions of this section., accompanied by a nonrefundable fee as establ ished from time to time by the
board of county commissioners. The application shall contain the information required on a form provided by the director of
planning.
C. Staff Review. After a determination that the application for preliminary plat approval is complete under the provi-
sions of Section 9.10.040, the development review coordinator shall submit the application to the development review
committee., which shall prepare a recommendation and report for the commission.
D. Public Hearing and Action by the Planning Commission. The planning commission shall conduct a public hearing
on an application for preliminary plat approval of a subdivision involving five or lnore lots., in accordance with the require-
ments of Sections 9.10.060 and 9.10.070. The commission shall review such applications., the recommendation of the de-
velopment review committee., and the testimony at the public hearing., and shall recommend granting preliminary plat ap-
proval., granting approval subject to specified conditions., or denying the application at its next meeting following submittal
of the report and recomlnendation of the development review committee.
E. Effect of Approval of Preliminary Plat. Approval of a preliminary plat shall not constitute approval of a final plat or
permission to proceed with development. Such approval shall constitute only authorization to proceed with the preparation
of such documents as are required by the director of planning for a final plat.
F. Limitation on Approval of Preliminary Plat. An application for final plat approval shall be filed within one year of
the date ofprelilninary plat approval. Unless an extension is granted by the board of county commissioners., failure to file
such an application automatically shall render null and void the prelilninary approval previously granted by the board. (Prior
code S 9.5-83)
9.16.040 Final plat approval.
A. Generally. All applicants for approval ofa plat shall submit a final plat for approval in accordance with the provi-
sions of this section.
B. Application. It shall be the responsibility of the developer to complete., have in final form., and submit to the devel-
opment review coordinator for final processing the final plat., along with all final construction plans., required documents.,
exhibits., legal instrulnents to guarantee performance., certificates properly executed by all required agencies and parties as
298
9.16.050
required in this chapter and Chapters 9.10, 9.12, 9.14 and 9.18, and the recording fee, and any other documents or informa-
tion as are nequired by the director of planning. After receipt of a complete application for final plat approval, as detennined
in accordance with Section 9.10.040, the development review coordinator shall submit the application and accompanying
doculnents to the developlnent review committee.
C. Review and Action by Developlnent Review COlnmittee. The developlnent review committee shall review all ap-
plications fc)r final plat approval.
1. If the committee determines that a final plat for a subdivision involving fewer than five lots confonns to the sub-
stantive and procedural requirements of this title, the committee shall approve the final plat or approve it with conditions at
its next regular meeting fifteen (15) working days after receipt of a complete application from the development review co-
ordinator, or as soon thereafter as practical. Final plats which are approved by the committee shall be placed on the consent
agenda of the next regularly scheduled meeting of the board of county comtnissioners and shall become final unless re-
moved froJTl the consent agenda by the affirmative vote of three members of the board. If a final plat is removed froln the
consent agenda, the board shall not modify or reject the decision of the committee unless the board finds that the record
does not contain competent substantial evidence to support approval. If the cOlnlnittee denies final plat approval, the appli-
cant may appeal such denial to the board, which shall consider the application and any additional testimony sublnitted by
the applicant and other persons and shall approve the final plat, approve it with conditions, or deny final plat approval.
2. For a final plat for a subdivision involving five or more lots, if the plat conforms to the approved prelilninary plat
and the substantive and procedural requirements of this title, at its next regular meeting or as soon as practical after receipt
of a cOlnplete application, the development review committee shall recommend to the planning commission approval of the
final plat or approval with conditions. If the committee finds that the plat does not substantially confonn to the approved
preliminary plat or the substantive and procedural requirements of this title, the committee shall recommend denial, specify-
ing the area{s) of nonconformity.
D. Review and Action by the Planning Commission. The planning commission shall review all applications for final
plat approval involving five or more lots and the recommendation of the development review committee. If the commission
finds that the final plat conforms to the approved preliminary plat and the substantive and procedural requirements of this
title, and co:mmission shall recommend to the board of county commissioners approval of the final plat, or approval with
specified conditions, and shall submit a report and written findings in accordance with Section 9.10.070.
E. Public Hearing by the Board of County Commissioners. The board of county commissioners shall conduct a public
hearing on all applications for final plat approval involving five or more lots in accordance with the procedures of Sections
9.10.060(C).
F. Action by the Board of County Commissioners. For proposed subdivisions involving five or more lots, the board of
county com:missioners shall review the application, the recommendations of the development review committee and the
planning cOlnmission, and the testimony at the public hearing, and shall grant final plat approval, grant approval subject to
specified conditions, or deny the application, in accordance with the provisions of Section 9.10.070. (Prior code ~ 9.5-84)
9.16.050 Improvement guarantees.
A. Generally. An improvement guarantee to guarantee installation of all improvements required by this title or as a
condition of approval shall be required as part of final plat approval in a form and amount approved by the planning com-
mission and the county attorney.
B. Guarantee Amount. The amount of the improvement guarantee shall cover all construction costs, the owner's engi-
neering and platting costs, the county's engineering and inspection costs, and preacceptance maintenance costs. The costs
may be revit~wed periodically for accuracy and are subject to adjustment upward or downward by the director of planning
based on existing economic conditions at the time of review and on the recommendation of the development review com-
mittee. The l~stilnated cost of the water distribution network and main extensions shall be detennined by the Florida Keys
aqueduct authority after review and approval of the water distribution system. The cost may be estitnated by the developer's
engineer, but in such event shall be subject to review, revision ifnecessary, and approval by the FKAA. The guarantee shall
be in the following minimuln amounts unless the owner can show that certain of the costs have already been paid:
1. Construction cost.
a. Ont~ hundred thirty (130) percent of the estimated construction cost approved by the county's department of public
works; or
b. Ont~ hundred ten (110) percent of a binding contract with a contractor qualified for the proposed work.
299
9.16.050
2. Owner"s engineering and platting cost: at a cost verified by the engineer and surveyor.
3. County engineering and inspection costs: based on an estimate by the county engineer of costs to be incurred.
4. Preacceptance maintenance cost: ten (10) percent of the construction cost.
5. Damage and nuisance guarantee: five percent of the construction cost.
C. Forms. One of the following forms of guarantee shall be submitted to the board of county commissioners as part of
an application for final plat approval.
I . Cash Escrow.
a. Establishing Account. An escrow account in the amount required shall be established with a federally insured fi-
nancial institution (hereinafter referred to as the "~escrowee''') in a form which Ineets the approval of the county attorney. The
account shall be adlninistered by the escrowee in accordance with the provisions of the escrow agreement to be negotiated
by the county and the owner, developer and/or subdivider and approved by the county attorney. Such agreement shall con-
tain provisions for specific application of such funds~ partial contract payouts~ contract retention percentages until cOlnplete;
proration of reduction of deposit excess; final escrow settlement; and other pertinent administrative matters as may be re-
quired.
b. Fund Disbursement. The escrowee shall disburse funds from tilne to time for the purposes provided upon presenta-
tion of" and in accordance with" payouts ordered issued by the owner's engineer and approved by the department of public
works. Such disbursements shall not be subject to approval or disapproval by the owner or escrowee or their agents other
than the owner's engineer; however, for accounting purposes, the county shall send to the owner a copy of the approved
engineer's estimate for payment at the time of county approval. Each payout order shall be accompanied by all appropriate
sworn statements" affidavits and supporting waivers of lien in full compliance with Florida law.
c. Excess Fund Balance. If" at any time, the county engineer shall notify the escrowee in writing that the balance of
funds then remaining undisbursed under the escrow account is ITIOre than sufficient to cover the cost of construction fees
and maintenance hereinabove provided" and the notice shall specify the reduced balance then deemed sufficient" and if the
escrowee shall concur in such determination" the escrowee shall pay over to the owner any excess of funds over such re-
duced balance then remaining undisbursed under the escrow account.
2. Letter of Credit. The subdivider or owner may file a straight commercial letter of credit from any financial institu-
tion acceptable to the board of county cOlnmissioners in a form acceptable to the county attorney. The letter of credit must
provide that the issuing financial institutions will pay to the county" or as the county directs" such amounts as Inay be re-
quired to complete the improvements according to the approved specifications. The letter of credit shall provide that its
alnount will be reduced from time to time as payments for improvements approved by the department of public works are
Inade. The letter of credit shall be irrevocable for at least thirty-six (36) months froln the date of final plat approval and Inust
provide that if any balance relnains at the expiration of any tilne limit placed on it" the balance shall be deposited with the
county in a cash escrow" a new letter of credit in the amount of the unpaid balance shall be issued, or a surety bond" as pre-
scribed in subsection (C)(3) of this section" shall be provided. The letter of credit shall also provide that ten (10) percent of
the amount shall be retained until the department of public works and the director of the department of public works and the
director of planning has approved the ilnprovelnents required.
3. Surety Bond.
a. Form. The bond shall be in a form and with a bonding company approved by the county attorney.
b. Time Limit. The bond shall be payable to the county and enforceable on or beyond a date thirty-six (36) months
from the date of final plat approval. Release of any bond shall be conditioned on final approval and acceptance of the iln-
provements by the county.
D. Insufficient Fund Balance. If" at any titne before the construction of all required improvements has been completed"
the balance of funds remaining undisbursed under the escrow account or letter of credit is not sufficient" in the judgment of
the director of planning" to cover the cost of construction of the improvements and all engineering costs" including the engi-
neering and inspection fees of the county" or ifby reason of any order" decree or writ of any court., or for any other reason
the funds in the escrow account are insufficient" the undisbursed balance offunds shall be withheld" shall not be dilninished
and shall be unavailable for the purposes provided herein" unless the owner increases the balance to such amount as shall be
required by the county for such purposes.. in the exercise of its judglnent" or shall provide such other guarantee of perform-
ance as may be required by the county.
300
9.16.060
E. Tinl1e Limit. All guarantees shall provide that if required improvements are not installed (i.e.~ construction com-
pleted) within two years after approval of the final plat~ the county may deem the subdivider in default and proceed in ac-
cordance with the provisions of subsection F of this section.
F. Default. In the event the director of planning detennines that the owner has failed to install proposed improvelnents
in accordance with the approved plans and specifications or has failed to comply with the terms of the guarantees herein-
above set forth~ the director of planning~ in consultation with the county attorney~ may take one or both of the following
actions:
I. Cash Escrow and Letter of Credit. Advise the owner~ in writing~ of the failure~ giving the owner thirty (30) days to
cure such dl~fault. If the owner fails to cure the default, the director of planning Inay recommend to the board of county
commissioners that it declare the owner in default and~ upon written notification to the escrowee of such declaration of de-
fault~ all moneys on deposit pursuant to the escrow agreement or letter of credit shall and may be disbursed by escrowee
solely upon authorization of the director ofplanning~ and the escrowee shall be released by the owner as to such paYlnent or
paYlnents.
2. Surety Bond. Inform the bonding company in writing of default by the owner and request that it take necessary ac-
tions to cOlTlplete the required improvements. (Prior code S 9.5-85)
9.16.060 Preacceptance maintenance of public improvements.
Until public improvements have been accepted by the board of county commissioners~ the applicant/developer shall be
responsible for the maintenance of such improvements. A maintenance bond or letter of credit in the amount of ten (10)
percent of the construction cost of the improvements shall be maintained in a form acceptable to the county attorney until
acceptance of the public improvement. (Prior code S 9.5-86)
9.16.070 Damage and nuisance guarantee.
The guarantee of completion of public improvements to be executed prior to recording of a final plat of subdivision also
shall providl~ for repair of damages and abatement of nuisances with respect to existing and subsequently installed streets~
sidewalks~ curbs and gutters~ parkways~ culverts~ catch basins~ and/or stonn sewers for a period of twenty-four (24) months
after acceptance of the improvement by the board of county commissioners. (Prior code S 9.5-87)
9.16.080 Acceptance of public improvements.
If any plat of subdivision contains public streets~ easements or other public improvements which are dedicated thereon as
such~ the aCl:;eptance of public improvements shall be made only by the adoption of a resolution by the board of county
commissioners after there has been filed with the county a certification by the director of planning stating that all~ or indi-
viduaL public improvements required to be constructed or installed have been fully completed~ and that the construction or
installation thereof has been inspected by and approved by him or her~ or his or her designated representative as being in
conformity 'Nith the standards of the plan. (Prior code S 9.5-88)
9.16.090 Limitations as to county maintenance.
Nothing in this chapter or Chapters 9.1 O~ 9.12~ 9.14 and 9.18 shall be construed to mean that the board of county com-
missioners shall take over for county maintenance any road~ street~ alley, public parking or other public area~ or drainage
facility related thereto~ except those improvements designed and built in accordance with the county~s standards and re-
quirements and accepted pursuant to Section 9.16.080 or taken over for county maintenance by other specific action of the
board of county comlnissioners. Nothing in this chapter or Chapters 9.1 O~ 9 .12~ 9.14 and 9. 18 shall be construed to obligate
the county to drain any land~ except that which lies in the public rights-of-way and drainage easelnents. (Prior code S 9.5-
89)
9.16.100 Maintenance of private improvements.
If any plat of subdivision contains streets~ easelnents or other improvements to be retained for private use~ the final plat
for recordation shall indicate to the satisfaction of the director of planning and the county attorney the method or entity by
which maintenance of the private improvements shall be performed. (Prior code S 9.5-90)
301
9.16.110
9.16.110 Recording of final plat.
Upon approval or approval with conditions~ the applicant shall record the final plat in the office of the recorder of deeds
of Monroe County and a copy of the recorded plat shall be provided to the director of planning. Such recording shall be
completed within ninety (90) days of approval of the tinal plat~ or such approval shall be deemed null and void. (Prior code
S9.5-91)
9.16.120 Variances to required subdivision improvements.
Where the board of county cOlnlnissioners finds that exceptional hardship may result from strict cOlnpliance with the
provisions of the plan regarding street design standards~ bikeways~ drainage standards~ easements~ pennanent markers~ sew-
age and electricity utilities~ public sites and excavations within dedicated public rights-of-way~ the board of county cOlnlnis-
sioners~ on the recommendation of the planning cOlnmission~ may grant variances to the regulations herein; however~ in no
event shall a variance be granted for more than the minimum necessary to overcome the hardship~ or where the variance
would create a condition in violation of the specific provisions for that land use district~ reduce the traffic capacity of adja-
cent streets~ or otherwise violate the intent of this title. In no event shall a variance be granted which would violate the envi-
ronmental standards in Chapter 9.48. Any applicant requiring a variance shall state cleanly in the original application for
plat approval the variance(s) required~ and any variances granted shall be cleanly delineated as such on the approved and
recorded plat. (Prior code S 9.5-92)
9 .16.130 Vacation.
The vacation of any plat or portion thereof shall be accomplished in the saIne manner as for approval of the plat. (Prior
code ~ 9.5-93)
9.16.140 Amendment of a recorded final plat.
An amendment of a recorded final plat or portion thereof shall be accomplished in the same manner as for approval of
the plat. (Prior code S 9.5-94)
302
9.]8.010
Chapter 9.18
DEVELOPMENT AGREEMENT AUTHORIZATION
Sections:
9.18.010
9.18.020
Purpose and intent.
Development agreement approval procedures.
9.18.010 Purpose and intent.
The purpose of this chapter is to allow Monroe County to enter into development agreements that meet the requirements
of the Florida Local Government Development Agreement Act~ F.S. SS 163.3220-163.3243. The development agreelnent
provides assurance to a developer that upon receipt of his or her permits under Monroe County~s land development regula-
tions he or she may proceed in accordance with existing ordinances and regulations~ subject to the conditions of the devel-
opment agre~ement. This chapter will strengthen the public planning process~ encourage private participation in comprehen-
sive planning~ and reduce the economic costs of development. A development agreement is in addition to all other local
development pennits or approvals required by the Monroe County land developlnent regulations. A development agreement
does not relieve the developer of the necessity of complying with all Monroe County land development regulations in effect
on the date that the agreement is executed. (Prior code ~ 9.5-101)
9.18.020 Development agreement approval procedures.
A. Tht~ county commission shall have authority to enter into a development agreement by resolution with any person
having a legal or equitable interest in real property located within the unincorporated area of Monroe County if:
1. The~ development agreement meets all of the requirements of the Florida Local Government Development Agree-
ment Act~ F.S. ~S 163.3220-163.3243; provided~ however~ that the duration of the developlnent agreement shall not ex-
ceed ten ( 1 0) years~ and any duration specified in a development agreement shall supersede any conflicting duration other-
wise specifi~~d in this title;
2. The' development was initially approved pursuant to a development order issued prior to the effective date of this
chapter or is proposed by another governmental entity;
3. The' development agreement shall be considered at two public hearings and approved by the county commission at
the second public hearing~ or thereafter;
4. The first public hearing shall be conducted by the planning commission; and
5. Notice of such public hearings shall be given in accordance with both F.S. S 163.3225 and Monroe County Code
Section 9.1 O.050(B) and (D) or as amended.
B. This chapter is not intended to alnend or repeal any existing county ordinance or regulation. To the extent of any
conflict betvv'een this chapter and other county ordinances or regulations~ the more restrictive is deemed to be controlling.
(Prior code ~~ 9.5-] 02)
303
9.20.0 10
Chapter 9.20
BUILDING PERMITS
Sections:
9.20.010
9.20.020
9.20.030
9.20.040
Building permit required.
Permits and letters of coordination.
Compliance requirements for building permit applications requiring a ROGO or NROGO
allocation award or submitted under privatized plan review.
Deadlines for submission of building permit applications to be entered into the residential
and nonresidential permit allocation systems.
Environmental restoration standards.}
9.20.050
9.20.010 Building permit required.
A building permit is required prior to the following:
A. Any work specified in Title 6~
B. Any change in the intensity, density, or use of land authorized as a permitted as of right use under this title~
C. Any change in the use of land or structure from a permitted as-of-right use within a land use district to another
listed permitted as-of-right use~
D. Any development authorized by conditional use approval. (Ord. 043-2003 ~ 2 (part): prior code ~ 9.5-111)
9.20.020 Permits and letters of coordination.
Prior to subtnittal of a building permit application to the building department, the following permits and letters of coordi-
nation are required as determined by the building official:
A. Technical review coordination letter from the U.S. Fish and Wildlife Services~
B. U.S. Army Corps of Engineers, Florida Departlnent of Environmental Protection, and South Florida Water Man-
agement permits or letters of coordination for docks, riprap, seawalls and any other activity requiring a permit or letter of
coordination from these agencies~
C. Florida Department of Health and Department of Environtnental Protection permits or letters of coordination for
wastewater facilities~ and
D. Florida Keys aqueduct authority, Florida Keys electric cooperative, and Keys energy services. (Ord. 043-2003 ~ 2
(part): prior code ~ 9.5-112)
9.20.030 Compliance requirements for building permit applications requiring a ROGO or NROGO
allocation award or submitted under privatized plan review.
Prior to submittal of an application for a building permit requiring a ROGO or NROGO allocation award under this title
or submitted under the provisions ofF.S. Ch. 553, for privatized plan review, the building permit application shall be first
submitted to the planning director for cOlnpliance review with the requirements of this title, the comprehensive plan, and
Chapter 2.20 (fire and life safety codes). The planning director shall determine within fifteen (15) working days if the build-
ing permit application is in cOlnpliance and can be processed by the building department or needs to be revised before it can
be accepted and processed. If an evaluation of an HEI and site plan visit is required, the number of working days to cOln-
plete the review may be more than fifteen (15) working days. The compliance determination of the planning director shall
be in writing. (Ord. 043-2003 ~ 2 (part): prior code ~ 9.5-113)
9.20.040 Deadlines for submission of building permit applications to be entered into the residential and
nonresidential permit allocation systems.
No approved building permit application requiring a ROGO or NROGO allocation award, including applications sublnit-
ted under privatized plan review as provided for by F.S. Ch. 553, shall be accepted for entry into the ROGO or NROGO
systems under this title, unless the building permit application is submitted to the building department thirty (30) days prior
to the end of the allocation period appropriate for that application. (Ord. 043-2003 ~ 2 (part): prior code ~ 9.5-114)
304
9.20.050
9.20.050 Environmental restoration standards.1
A. In the event any land clearing is occurring on a site and such clearing is outside the scope of any permit issued or
for which no permit was issued., the building official or other authorized county official, shall issue a stop work order.2 If
any land clearing has occurred for which no permit has been issued, such activity shall be subject to code enforcement pro-
ceedings under Chapters 1.08 and 1.12.3 Except for issuance of an approved after-the- fact permit for restoration., the follow-
ing permit application restrictions shall apply upon a stop work order, pursuant to Title 6, or a notice of violation pursuant to
Chapters 1.08 and 1.12, until the restoration conditions of subsection B of this section are met:4
I. No application for a building permit application shall be processed or issued for the subject site, except as provided
for in subse1ction C of this section.
2. No ROGOINROGO application for the subject site shall be accepted.
3. Any ROGOINROGO application for the subject site currently in the system shall automatically be withdrawn and,
if it is resublnitted, it shall be considered a new application, requiring payment of appropriate fees and receiving a new con-
trolling date'.
B. Tht~ stop work order, if applicable, and the permitting restrictions of subsections A and C of this section shall re-
main in full force and effect on the site, except where a notice of violation is not sustained by the special master.
I. Restoration of the site to its pre-violation grade in accordance with a restoration site plan approved by the county
biologist.
2. Replacement of the trees., shrubs, and groundcovers on the unlawfully cleared site with native plant species as ap-
propriate to the site unlawfully cleared and payment of a mitigation fee pursuant to Section 9.48.150 to compensate for the
environmental damage for removal of those native plants.5 The trees shall be of a size and Inaturity commensurate to the
unlawful ch:~aring as determined by the county biologist. The native species mix shall consist of the approximate percent-
ages of the predominant tree, shrub and groundcover species on the site unlawfully cleared prior to the violation, but ifany
endangered or threatened tree, shrub or groundcover species were unlawfully cleared, then those species shall be replaced
with plants of a size and maturity commensurate to and related to the unlawful clearing as determined by the county biolo-
gist regardlt~ss of predominance.
3. AlJ replanted trees, shrubs, and groundcovers shall be located on site within the same areas that were unlawfully
cleared in accordance with an approved restoration site plan.
4. Except as expressively authorized by the county biologist pursuant to an approved phased restoration site plan, all
invasive exotic plant species, on the most current Florida Exotic Pest Plant Council's list of Category I or II invasive exotic
plants shall be continuously removed during the three-year period described in subsectionD of this section.
5. A nlonetary guarantee for the restoration work as stipulated in subsection E of this section shall be provided in the
form of a surety bond.
C. Where clearing is done without benefit of a permit or where clearing exceeds the permitted amount of square feet
by more than ten (10) percent, no permits shall be issued on the property for a period of three years from the date of the final
inspection of the restoration work as described in subsection D of this section, except for the pennit required to complete the
restoration vvork and any permit exclusively limited to addressing imminent risks to property and public health and safety.
D. At least eighty (80) percent of the trees replaced, as described in subsection (B)(2) of this section, shall be viable at
the end of a three year period from the date of the final inspection of the restoration work~ however, dead or dying trees may
be replaced, subject to prior approval by the county biologist, during the three-year period in order to assure the eighty (80)
percent minimum is met at the end of three years. The restoration work shall be inspected by the county biologist on an an-
nual basis during the three-year period.6 The county biologist may direct that dead or dying trees be replaced as he or she
deelns necessary to ensure the eighty (80) percent standard will be met at the end of the three years. All invasive exotic
plant species, as described in subsection (A)(4) of this section shall be continuously removed during the three year period
described above, unless the county biologist directs otherwise.
E. The permit holder shall be required through a surety bond, to guarantee the satisfactory completion of the restora-
tion work in accordance with the approved restoration site plan and the survival of at least eighty (80) percent of the re-
planted trees for a period of at least three years after the issuance of the after-the-fact pennit for the restoration work.7
I. Guarantee Amount. The amount of the restoration guarantee shall cover the full costs of the restoration work de-
scribed in subsection (B)( 1 ) through (4) of this section. The estimated costs of the restoration described in subsection B of
this section shall be the sum of paragraphs a and b of this subdivision:8
305
9.20.050
a. One hundred (100) percent of the estimated cost of the restoration described in subsection (B)( 1) of this section as
estimated by the county engineer; or alternatively ~ one hundred fifty (150) percent of the price of a binding contract for the
restoration work required by subsection (B)( 1) of this section entered into with a contractor qualified to perform such work;
b. One hundred (100) percent of the estilnated cost~ as estimated by the building official~ ofperfonning the restoration
work described in subsection (B)(2) through (4) of this section; or~ alternatively ~ one hundred fifty (150) percent of the price
ofa binding contract for the restoration work described in subsection (B)(2) through (4) of this section entered into with a
Florida I icensed landscape architect.
2. Surety Bond. The surety bond shall be in a fonn and with a bonding company approved by the county attorney. The
bond shall be payable to the county in the atnount of estilnated total cost for restoration work as calculated in subsection
(E)( 1) of this section~ and enforceable~ on or beyond a date thirty-six (36) Inonths from the date of the permit issued for the
restoration work. Release of any bond shall be conditioned upon final approval by the county biologist of the restoration
work.9
3. Default. All guarantees shall provide that if the permit holder failed to cOlTIplete required restoration work accor-
dance with the restoration site plan and failed to comply with the requirements of subsection D of this section~ the director
of planning in consultation with the county attorney may take the following action: inforlTI the bonding company in writing
of default by the permit holder and request that it take necessary actions to complete the required improvements. 10 (Ord.
019-2004 SS 1-5: prior code ~ 9.5-119)
Restoration agreements are being eliminated as the proposed language will not allow such agreements which allowed stop work orders to be removed
or pernlitting even though restoration had not taken place.
2 This revision provides clear authority to code enforcenlent otlicers or other duly authorized county officials to place stop work orders.
3 This revised language reflects the fact that often times unlawfully clearing has already occurred before a stop work order can be placed.
4 The penalties for unlawful clearing have been increased to include removal from the permit allocation system and halt on any work or permitting until
restoration is completed.
5 If land is unlawfully cleared, only that portion of the site that can not be permitted for clearing will need to be restored.
6 The one-year time period has been expanded to three years, which is a much more realistic time period to ensure plant growth and viability.
7 The current regulations do not require monetary guarantees except in the case of a restoration agreetnent which have been eliminated in the proposed
ordinance. This guarantee is needed to ensure restoration is conlpleted and the survivability of the replacement plants is ensured.
8 The estimated costs to base the amount of surety bond is higher for amounts based on construction contracts to provide sonle protection for the county
in case of a default where the construction contracts nlay not reflect true costs.
9 The options for use of a cash escrow and lctter of credit have been eliminated and replaced with surety bond which is easier to administer and ensures
funds will be available even if property owner goes out of business.
10 This default language has been added similar to language for subdivision improvements in Section 9.16.050.
306
Sections:
9.22.010
9.22.020
9.22.030
9.22.040
9.22.050
9.22.060
9.22.070
9.22.080
9.22.090
9.22.100
9.22.110
9.22.120
9.22.130
9.22.0] 0
Chapter 9.22
RESIDENTIAL RATE OF GROWTH ORDINANCE (ROGO)
Purpose and intent.
Definitions.
General provisions.
Affected a rea.
Type of development affected.
Type of development not affected.
Moratorium on new transient units.
Moratorium on off-site transfer of recreational vehicle spaces.
Residential ROGO allocations.
Application procedures for residential ROGO.
Evaluation procedures for residential dwelling unit allocation.
Evaluation criteria.
Appeals.
9.22.010 Purpose and intent.
The purposes and intent of residential RaGO are:
A. To facilitate implementation of goals, objectives and policies set forth in the comprehens~ve plan relating to protec-
tion of residents, visitors and property in the county from natural disasters, specifically including hurricanes~
B. To limit the annual amount and rate of residential developtnent commensurate with the county's ability to tnaintain
a reasonable and safe hurricane evacuation clearance time~
C. To regulate the rate and location of growth in order to further deter deterioration of public facility service levels,
environmental degradation and potential land use contlicts~ and
D. To allocate the limited number of dwelling units available annually hereunder, based upon the goals, objectives and
policies set forth in the comprehensive plan. (Prior code S 9.5-] 20)
9.22.020 Definitions.
The words or phrases used in this chapter shall have the meanings prescribed in this title, except as otherwise indicated
as follows:
""Allocation period" tneans a defined period of time within which applications for the residential ROGa allocation will
be accepted and processed.
""Annual allocation period" means the twelve (]2) month period beginning on July 13, ] 992 (the effective date of the
original dwelling unit allocation ordinance), and subsequent one-year periods.
.." Annual residential ROGa allocation" means the maximum number of dwelling units for which building permits may be
issued during an annual allocation period.
""Controlling date" means the date and time a ROGa application is submitted. This date shall be used to determine the
annual anniversary date for receipt of a perseverance point(s) and shall determine precedence when ROGa applications
receive identical ranking scores. A new controlling date shall be established based upon the re-submittal date and time of
any withdrawn or revised application.
""Known habitat of threatened/endangered animal species" is one that has documented evidence of sightings, collection,
trapping, or direct evidence of the presence of the animal(s) in a specific habitat area. The county's threatened and endan-
gered speciE~s maps shall constitute prima facie evidence of the species unless determined otherwise by the director of envi-
ronmental resources.
""Potential habitat of threatened/endangered animal species" is one where there is a lack of direct evidence docutnenting
the presenc(~ of an animal and where the habitat area is not suitably close to an existing population to make colonization
possible, but the habitat area is of a size and ecological character sufficient to support the animal(s). The county's threatened
307
9.22.030
and endangered species lnaps shall constitute prima facie evidence that an area is potential habitat unless determined other-
wise by the director of environlnental resources.
~~Probable habitat of threatened/endangered animal species~' is one where there is a lack of direct evidence documenting
the presence of an anilnal, but where the habitat area is suitably close to an existing population to make colonization possi-
ble~ and is of a size and ecological character sufficient to support the aniInal(s). The county~s threatened and endangered
species lnaps shall constitute prilna facie evidence that an area is probable habitat unless determined otherwise by the direc-
tor of environmental resources.
~~Quarterly allocation period" means the three-month period beginning on July 13, 1992 or such other date as the board
may specify, and successive three-month periods.
~~Quarterly residential ROGO allocation" means the maximum number of dwelling units for which building permits lnay
be issued in a quarterly allocation period.
~~Residential dwelling unif~ Ineans a dwelling unit as defined in Section 9.02.040 of the Monroe County Code, and ex-
pressly includes the following other terms also specifically defined in Section 9.02.040: hotel rOOlns, campground spaces~
mobilehomes, transient residential units, institutional residential units (except hospital roolns) and live-aboards.
Io~Residential ROGO allocation" means the lnaximum number of dwelling units for which building pennits may be issued
in a given time period.
~~Residential ROGO allocation award" means the approval of a residential ROGO application for the issuance of a build-
ing perm it.
~'ROGO application" means the residential ROGO application submitted by applicants seeking allocation awards.
~'Wide-ranging threatened or endangered animal species" is one whose individuals typically move over a large area, usu-
ally seasonally. They occur in any of the listed habitats within their mapped ranges. The county's threatened and endangered
species maps shall constitute prima facie evidence of wide ranging threatened or endangered species unless determined oth-
erwise by the director of environmental resources. (Prior code S 9 .5-120(b))
9.22.030 General provisions.
A. Residential ROGO Allocation A ward Required. No building permit shall be issued unless the dwelling unit has
received a residential dwelling unit allocation award, or is determined to be exempt as provided below.
B. Effective Date. Any ROGO application which has not received an allocation award as of the effective date of this
chapter shall be processed and evaluated pursuant to the provisions of this chapter.
C. Yearly Review and Monitoring. As required by the comprehensive plan, as requested by the planning cOlTIlnission
or the board, or as otherwise necessary, the planning director shall consider the rate, amount location, and ratio of market
rate to affordable housing residential dwelling units available for developlnent in the county. The planning director shall
also monitor the effects of such development and determine the conformity of such development with the cOlnprehensive
plan and this title. This review ~ in whole or in part, lnay form the basis for recolnmendations by the planning director or the
planning commission to the board for action to repeal, alnend or modify the ROGO allocation system. (Prior code S 9.5-
120.1 )
9.22.040 Affected area.
The ROGO allocation system shall apply within the unincorporated area of Monroe County, Florida, which, for purposes
hereof, has been divided into subareas as follows:
A. Upper Keys: the unincorporated area of Monroe County north of Fiesta Key (approximately mile marker 71).
B. Middle Keys: the unincorporated area of Monroe County south of Fiesta Key to the Seven Mile Bridge (approxi-
mately mile markers 71 to 40).
C. Lower Keys: the unincorporated area of Monroe County south of the Seven Mile Bridge (approximately mile
markers 40 to 4). (Prior code S 9.5-120.2)
9.22.050 Type of development affected.
The residential ROGO shall apply to the development of the following:
A. All residential dwelling units for which a building pennit is required by this title and for which building pennits
have not been issued prior to the effective date of the ROGO allocation system, except as otherwise provided herein~ and
308
9.22.060
B. Public and institutional uses which house transient visitors or temporary residents unless:
1. The facility is constructed to withstand category 5 hurricane storm conditions., or
2. A factual demonstration is lnade that such occupancy does not negatively itnpact the county"s hurricane evacuation
clearance tirne. (Prior code S 9.5-120.3)
9.22.060 Type of development not affected.
The residential ROGO shall not apply to the develoPlnent described below:
A. Redevelopment On-Site. Redevelopment., rehabilitation or replacement of any lawfully established residential
dwelling unit or space which does not increase the number of residential dwelling units above that which existed on the site
prior to the redevelopment., rehabilitation or replacement.
B. Transfer Off-Site. Transfer off-site shall consist of either the delnolition or a change of use froln residential to non-
residential of a unit or space froln a sender site and the development of a new unit on a receiver site as indicated below.
I. Eligibility of Sender Unit or Space. A hotel room., mobilehome., recreational vehicle space., or dwelling unit that is:
a. In existence as of January 4., 1996;
b. Accounted for in the hurricane evacuation model which forms the basis ofROGO; and
c. Lavvfully established or subject to a valid unexpired state TRE agreement., may be rebuilt in another part of the un-
incorporated county subject to the criteria for redevelopment off-site.
i. Criteria for Redevelopment Off-Site. In order to redevelop off-site., a receiver site must be evaluated for both its
structural and site conditions.
(A) Transfer to a Hotel. A hotel or hotel rOOlTI may be developed if the:
(1) Sender unit or space is eligible and provided that it was used as a hotel room or recreational vehicle space in accor-
dance with Section 9.02.040, and
(2) Receiver site meets all of the following criteria:
(a) Is located in the same ROGO subarea as the sender site.,
(b) Receives no negative points when evaluated pursuant to Section 9.22.120(A)(7), (8) or (9),
(c) Is not located in a V zone pursuant to Section 9.22.120(A)(II),
(d) Is not located in a coastal barrier resources system pursuant to Section 9.22 .120( A)( 12).,
( e) I s not located in an off-shore island/conservation land protection area pursuant to Section 9.22. 120( A)( 13),
(f) Is located in close proximity to existing commercial centers,
(g) Is eligible for infrastructure availability points pursuant to Section 9.22.120(A)(2), and
(h) Receives an overall ROGO score that is equal to or greater than the overall ROGO score of the sender site pursuant
to Section 9.22.120(A).
2. Transfer to Affordable Housing. An affordable housing unit may be developed if the:
a. Sender unit is eligible; and
b. Receiver unit:
1. Is an attached dwelling unit, and
H. Mel~ts the criteria for affordable housing pursuant to Sections 9.02.040 and 9.38.060; and
c. Rec:eiver site meets all of the following criteria:
1. Is located in the same ROGO subarea as the sender site.,
H. Receives no negative points when evaluated pursuant to Section 9.22. 120(A)(7), (8) or (9).,
HI. Is not located in a V zone pursuant to Section 9 .22.120(A)( II),
IV. Is not located in a coastal barrier resources system pursuant to Section 9.22 .120( A)( 12),
v. Is not located in an offshore island/conservation land protection area pursuant to Section 9.22. 120(A)(13),
VI. Is located in close proximity to existing cOlnlnercial centers.,
Vll. Is eligible for infrastructure availability points pursuant to Section 9.22. 120(A)(2), and
Vlll. Receives an overall ROGO score that is equal to or greater than the overall ROGO score of the sender site pursuant
to Section 9.22.120(A).
3. Procedures for Transfer Off-Site. A preapplication conference and at a minimum, a minor conditional use permit
shall be required for both the sender site and the receiver site.
309
9.22.070
A sender unit or space shall be assigned a unique identifier number that shall be used for tracking and monitoring by the
planning department. The unique identifier number shall be itemized in the conditional use permits required for both the
sender and receiver sites.
No building permit shall be issued for the new unit on the receiver site until one of the following conditions are met:
a. The unit is demolished as per an issued delTIolition pennit and a final inspection for the demolished unit or space
has been cOlnpleted by the building departlnent for the sender site~ or
b. The unit is removed pursuant to a developlnent approval, development order, or a development permit is issued and
a final inspection for the removed unit is completed by the building department for the sender site.
C. Nonresidential Use. Nonresidential uses are not affected by residential ROGO.
D. Developlnent Not hnpacting Hurricane Evacuation Times. Any applicant that can delTIOnstrate with a traffic study
acceptable to Monroe County traffic engineers that their proposed development will not impact hurricane evacuation times.
All previously authorized residential dwelling units to be located in the area designated as Zone 7 (North Key Largo
area) that the 1989 Transportation Analysis found to comply with the above criteria and are exelnpt.
E. Public/Governmental Uses. Public/governmental uses, including capital improvements as defined by Section
9.02.040 and public buildings as defined by Section 9.02.040.
F. Other Nonresidential Development. Any other use, development, project, structure, building, fence, sign or activity
which does not result in a new residential dwelling unit.
G. Vested Rights. Landowners with a valid, unexpired development of regional impact approval granted by the county
prior to July 13, 1992, shall be exelnpt from the residential ROGO system. (Prior code S 9.5-120.4)
9.22.070 Moratorium on new transient units.
New transient residential units, such as hotel or ITIotel rOOlns, or calnpground, recreational vehicle or travel trailer spaces,
shall not be eligible for residential ROGO allocations until December 31, 2006. (Prior code S 9.5-120.5)
9.22.080 Moratorium on off-site transfer of recreational vehicle spaces.
No recreation vehicle space shall be eligible for off-site transfer to a hotel or motel room under the provisions of Section
9.22.060 until December 31,2006. (Ord. 025-2003: prior code S 9.5-120.6)
9.22.090 Residential ROGO allocations.
A. N ulnber of A vailable Annual Residential ROGO Allocations. The number of residential ROGO allocations avail-
able in each subarea of unincorporated Monroe County on a yearly basis shall be as follows:
Subarea Total Number of Dwelling Units
Upper Keys 71
Middle Keys 41
Lower Keys 115
T ota I 227
I. Yearly Residential ROGO Allocation Ratio. Each subarea shall have its number of market rate and affordable hous-
ing residential ROGO allocations available per ROGO year determined by the following fonnula:
a. Market rate residential ROGO allocations available in each subarea is equal to the yearly number of available resi-
dential ROGO allocations in each sub-area, multiplied by the percentage of the market rate residential ROGO allocations.
b. Affordable housing residential ROGO allocations available in each subarea is equal to the yearly number of avail-
able residential ROGO allocations in each subarea, multiplied by the percentage of affordable housing residential ROGO
allocations.
2. Quarterly Residential RaGa Allocation Ratio. Each subarea shall have its number of market rate and affordable
housing residential ROGO allocations available per ROGO quarter determined by the following formula:
a. Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residen-
tial ROGO allocations available in each subarea divided by four.
b. Affordable housing residential ROGO for all four ROGO quarters shall be made available at the beginning of the
first quarter for a RaGO year.
310
9.22.090
B. Ratio of Affordable Housing ROGO Allocations to Market Rate ROGO Allocations. Prior to October of each year
the county shall set the yearly residential ROGO allocation ratio~ by subarea~ for each ROGO year as follows:
I. Board of County Commissioners Action Required. The planning commission may recommend that the board of
county COlTIlnissioners adopt a resolution changing the ratio of affordable housing to market rate ROGO allocations based
upon the recommendations of the planning cOlnmission and the planning director arising from the annual review ofROGO.
The yearly I~OGO review may include the following recommendations:
a. Amend the market rate to affordable housing ROGO allocation ratio for each subarea provided that in no event
shall the percentage be less than twenty (20) percent for affordable housing and where the yearly percentage increase or
decrease shall not exceed thirty (30) percent of the previous year~sROGO allocations to market rate and affordable housing;
and
b. Provide a portion of the affordable housing ROGO allocations to the Monroe County housing authority for distribu-
tion in accordance with an intergovemlnental agreelnent between the Monroe County housing authority~ the land authority
and Monroe County.
C. Affordable Housing Allocation Awards and Eligibility.
1. Tht~ definition of affordable housing shall be as specified in Sections 9.02.040 and 9.38.060.
2. Any portion of the twenty (20) percent allocation not used for affordable housing at the end ofa ROGO year shall
be made available for affordable housing for the next ROGO year.
3. No affordable housing allocation shall be awarded to an application to be located within a parcel that receives nega-
tive points according to criteria specified under habitat protection~ or threatened or endangered species~ or critical habitat
area in Section 9.22.120(A)(7)~ (8) or (9) unless such parcel is located within the IS-D or UR or URM or URM-L or land
use districts.
4. In any allocation period~ as defined~ the available affordable housing allocation awards shall be granted in the fol-
lowing proportions:
a. Very low~ low and median incomes~ as defined herein~ fifty (50) percent,
b. Moderate income, as defined herein~ fifty (50) percent.
The planning commission may amend these proportions during any ROGO quarter.
D. Residential Dwelling Unit Allocation Required. From and after the effective date of the dwelling unit allocation
system~ the county shall issue no building permit for a residential dwelling unit unless such dwelling unit has received the
following:
I. A n~sidential dwelling unit allocation award;
2. Is exempt from the dwelling unit allocation system; or is determined to be vested pursuant to Section 9.22.050; or
3. Is the subject of a completed building permit application received by the county on or before June 9~ 1992.
E. EXt~lnpt and Vested Development.
I. Any building permit for residential dwelling units issued~ by the county during an allocation period to vested devel-
opment shall be subtracted from the annual residential dwelling unit allocation for that allocation period.
2. Aftler subtracting building permits issued for vested residential dwelling units by subarea and by quarterly alloca-
tion period~ the director of planning shall redetermine the quarterly residential dwelling unit allocation in accordance with
the following principles and guidelines:
a. If the number of vested residential dwelling units is less than fifty (50) percent of the quarterly allocation for the
affected subarea, such vested residential dwelling units shall be subtracted from the quarterly allocation and only the re-
mainder of the quarterly allocation shall be available for allocation in that quarterly period.
b. If the number of vested residential dwelling units is fifty (50) percent or more of the quarterly allocation for the
affected subarea~ only fifty (50) percent of such vested residential development shall be subtracted from the quarterly alloca-
tion and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period;
in that event~ the excess residential dwelling units shall be determined and subtracted pro rata from future allocation periods
so that an average annual build-out of two hundred twenty-seven (227) dwelling units is not exceeded.
i. Yearly Residential ROGO Allocation Ratio. Each subarea shall have its number of market rate and affordable hous-
ing residential ROGO allocations available per ROGO year determined by the following formula:
(A) Market rate residential ROGO allocations available in each subarea is equal to the yearly number of available resi-
dential ROCiO allocations in each subarea, multiplied by the percentage of the market rate residential ROGO allocations.
311
9.22.100
(B) Affordable housing residential RaGa allocations available in each subarea is equal to the yearly number of avail-
able residential RaGa allocations in each subarea~ lnultiplied by the percentage of affordable housing residential ROGO
allocations.
ii. Quarterly Residential ROGO Allocation Ratio. Each subarea shall have its number of market rate and affordable
housing residential ROGO allocations available per ROGO quarter detennined by the following formula:
(A) Market rate residential ROGO allocations available in each subarea per quarter is equal to the market rate residen-
tial ROGO allocations available in each subarea divided by four.
(B) Affordable housing residential ROGO for all four ROGO quarters shall be made available at the beginning of the
first quarter for a ROGa year.
F. Adjustment of Residential ROGO Allocations. At the end of each quarterly allocation period~ the planning director
shall recommend additions or subtractions to the basic allocation available by subarea~ based upon any of the following~ as
appropriate:
) . The number of residential ROGO allocation awards which expired during the previous quarterly allocation period~
2. The number of residential ROGO allocation awards available which were not allocated during the quarterly alloca-
tion period in the current annual allocation period~
3. The number of residential ROGO allocation awards in previous quarters which were borrowed from future alloca-
tions to accomlnodate multiple unit projects or to accommodate allocation applications with identical scores~ pursuant to
Section 9.22.11 O(B)(2) or which were granted to applicants via either the appeals process~ administrative reliefor a benefi-
cial use determination~
4. Residential RaGO allocations vested during the preceding quarter~ as follows:
a. If the number of residential ROGO allocations in question is less than fifty (50) percent of the quarterly allocation
for the affected subarea~ such vested residential dwelling units shall be subtracted from the quarterly allocation and only the
remainder of the quarterly allocation shall be available for allocation in that quarterly period.
b. If the nUlnber of residential ROGO allocations in question is fifty (50) percent or more of the quarterly allocation
for the affected subarea~ only fifty (50) percent of such vested residential development shall be subtracted from the quarterly
allocation and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly
period~ in that event~ the excess residential dwelling units shall be detennined and subtracted pro rata from future allocation
periods so that an average annual build-out of two hundred twenty-seven (227) dwelling units is not exceeded~
5. Any other modifications required or provided for by the comprehensive plan~
6. Any portion of the residential ROGO allocations not used shall be retained and be made available for affordable
housing from RaGO year to ROGO year. (Ord. 030-2003 S 4~ prior code S 9.5-122)
9.22.100 Application procedures for residential ROGO. *
A. Application for Allocation. In each quarterly allocation period~ the planning director shall accept applications to
enter the residential RaGO system on forms provided by the planning director. The ROGO application form lnust be ac-
companied by an approved building permit application in order to be considered in the current allocation period. The plan-
ning director shall review the ROGO application for cOlnpleteness. If determined to be incomplete~ the planning director
shall reject the ROGO application and notify the applicant of such rejection~ and the reasons therefore~ within ten (10) work-
ing days. If determined to be complete~ the application shall be assigned a controlling date.
B. Fee for Review of Application. Each ROGa application shall be accompanied by a nonrefundable processing fee as
may be established by resolution of the board. Additional fees are not required for successive review of the same ROGO
application unless the application is withdrawn and resubmitted.
C. Compliance With Other Requirelnents. The ROGO application shall indicate whether the applicant for a residential
dwelling unit allocation has satisfied and complied with all county~ state and federal requirements otherwise imposed by
Monroe County regarding conditions precedent to issuance of a building permit and shall require that the applicant certifY to
such compliance.
D. Time of Review. Notwithstanding the time periods set forth in Section 9.20.030~ the director of planning may retain
the allocation application and its associated building pennit application for review pursuant to the evaluation procedures and
criteria set forth in Sections 9.22. ) 10 and 9.22. 120.
The allocation application shall indicate and the applicant shall certifY that he or she shall waive the time periods for
county action as set forth in Section 9.20.030.
312
9.22.100
E. Non-County Time Periods. The county shall develop necessary administrative procedures and, if necessary, enter
into agreell1ents with other jurisdictional entities which impose requirements as a condition precedent to developlnent in the
county, to ,ensure that such non-county approvals, certifications and/or permits are not lost due to the increased time re-
quirements necessary for the county to process and evaluate residential dwelling unit applications and issue allocation
awards. The county may pennit evidence of compliance with the requirelnents of other jurisdictional entities to be demon-
strated by coordinating letters in lieu of approvals or permits.
F. Lilmitation on NUlnber of Applications.
1. An individual entity or organization may submit only one ROGO application per unit in each quarterly allocation
period.
2. There shall be no limit on the number of separate parcels for which ROGO applications may be submitted by an
individual, entity or organization.
3. A .ROGO application for a given parcel shall not be for more dwelling units than are permitted by the applicable
zoning, land use regulations or the comprehensive plan.
G. Expiration of Allocation Award. An allocation award shall expire when its corresponding building permit is
deelned to l~xpire or after sixty (60) days of mailing of notification for the award of application.
H. Borrowing From Future Allocations. Subject to approval by the board., the planning comlnission may award addi-
tional units froln future quarterly allocation periods to fully grant an application for multifamily residential units, if such an
application receives an allocation award for some, but not all, of the units requested because the applicant seeks more units
than are available during the allocation period.
The planning commission shall not reduce any future quarterly allocation by more than twenty (20) percent, but may
apply the reduction over any number of future quarterly allocation periods. If the planning commission so awards additional
units, the a~Nard shall not take effect until it is approved at a regularly scheduled board meeting. Multifamily affordable
housing or ,~lderly housing projects shall be given priority.
1. Withdrawal ofROGO Application. An applicant may elect to withdraw an ROGO application without prejudice at
any time up to finalization of the evaluation rankings by the planning commission. Revision and resubmission of the with-
drawn application must be in accordance with subsection J of this section.
J. Revisions to Applications and A wards.
1. Upon submission ofROGO application, an applicant may make revisions to the application ifit is withdrawn and
resubmitted prior to the end of the quarter in which the applicant wishes to compete. Resubmitted applications shall be con-
sidered "~ne~W'," requiring payment of appropriate fees and receiving a new controlling date.
2. After receipt of an allocation award., and either before or after receipt of a building permit being obtained, but prior
to receipt of a certificate of occupancy, no revisions shall be made to any aspect of the proposed residential development
which formed the basis for the evaluation review, determination of points and allocation rankings., unless such revision
would have the effect of increasing the points awarded.
3. After the receipt of an allocation award, a building permit and a certificate of occupancy, no revision shall be made
to any aspect of the completed residential development which formed the basis for the evaluation., review, detennination of
points and allocation rankings, unless such revisions are accomplished pursuant to a new building permit and unless such
revisions would have the net effect of either maintaining or increasing the number of points originally awarded.
K. Clarification of Application Data.
1. At any time during the dwelling unit allocation review and approval process, the applicant may be requested by the
director of planning or the planning commission, to submit additional infonnation to clarify the relationship of the alloca-
tion application, or any elements thereof, to the evaluation criteria. If such a request is made, the director of planning shall
identify the specific evaluation criterion at issue and the specific information needed and shall communicate such request to
the applicant.
2. Upon receiving a request from the director of planning for such additional infonnation., the applicant may provide
such information~ or the applicant may decline to provide such information and allow the allocation application to be evalu-
ated as subnlitted.
(Editorially amended during 2004 codification~ prior code * 9.5-122.1)
313
9.22.110
9.22. t 10 Evaluation procedures for residential dwelling unit allocation.
A. Adjustment of Dwelling Unit Allocations. At the end of each quarterly allocation period~ the planning director shall
reCOlTIlnend additions or subtractions to the basic allocation available by subarea~ based upon any of the following~ as ap-
propriate:
1. The number of permits for new residential units issued during the previous year which did not result in completed
units or active progress towards such completion~ as defined in Section 6.12.240 of the Monroe County Code~
2. The nUlnber of dwelling unit allocation awards that expired and which were awarded in the current annual alloca-
tion period~
3. The number of dwe lling unit allocation awards available which were not allocated during previous quarterly alloca-
tion period(s) in the current annual allocation period~
4. The nUlnber of dwelling unit allocation awards in previous quarters which were borrowed from future allocations to
accommodate multiple unit projects or to accommodate allocation applications with identical scores~ pursuant to subsection
E of this section~ or which were granted to applicants via either the appeals process~ administrative relief or a beneficial use
detenTIination~
5. Residential dwelling units vested during the preceding quarter~ as follows:
a. If the number of residential dwelling units in question is less than fifty (50) percent of the quarterly allocation for
the affected subarea~ such vested residential dwelling units shall be subtracted from the quarterly allocation and only the
remainder of the quarterly allocation shall be available for allocation in that quarterly period.
b. If the number of residential dwelling units in question is fifty (50) percent or more of the quarterly allocation for the
affected subarea~ only fifty (50) percent of such vested residential development shall be subtracted from the quarterly alloca-
tion and the remaining fifty (50) percent of the quarterly allocation shall be available for allocation in that quarterly period~
in that event~ the excess residential dwelling units shall be determined and subtracted pro rata from future allocation periods
so that an average annual build-out of two hundred twenty-seven (227) dwelling units is not exceeded~ and
6. Any other modifications required or provided for by the comprehensive plan.
B. Initial Evaluation of Allocation Applications. Upon receipt of completed allocation applications, the director of
planning or his or her designee shall evaluate the allocation applications pursuant to the evaluation criteria set forth in Sec-
tion 9.22.120. .
I. Classification of Allocation Applications. The director of planning shall classify each allocation application by su-
barea.
2. On the evaluation cover page~ for each allocation application~ the director of planning shall indicate the subarea and
the number of dwelling units for which allocation awards are being requested. Allocation applications shall be collated by
subarea.
3. Within thirty (30) days of the conclusion ofa quarterly allocation period~ unless otherwise extended by the board~
the director of planning shall:
a. Complete the evaluation of all allocation applications submitted during the relevant allocation period~
b. Total the number of dwelling units by subarea for which allocation applications have been received: and
c. Rank the allocation applications in descending order from the highest evaluation point total to the lowest.
4. If the number of dwelling units represented by the allocation applications~ by subarea" is equal to or less than the
quarterly allocation~ the director of planning may make a recommendation to the planning commission that all of the alloca-
tion applications for that subarea be granted allocation awards.
5. If the number of dwelling units represented by the allocation applications~ by subarea~ is greater than the quarterly
allocation~ the director of planning shall submit an evaluation report to the planning commission indicating the evaluation
rankings and identifying those allocation applications whose ranking puts them within the quarterly allocation" and those
allocation applications whose ranking puts them outside of the quarterly allocation.
C. Public Hearings. Upon completion of the evaluation ranking report and/or recommendation~ the director of plan-
ning shall schedule and notice a public hearing by the planning commission pursuant to otherwise applicable regulations.
1. At or prior to the public hearing~ the planning commission Inay request~ and the director of planning shall supply
copies of the allocation applications and the director of planning evaluation worksheets.
2. Upon review of the allocation applications and evaluation worksheets~ the planning commission may adjust the
points awarded for meeting a particular criteria~ adjust the rankings as a result of changes in points awarded~ or make such
other changes as Inay be appropriate and justified.
314
9.22.110
3. The basis for planning commission changes shall be specified in the form of a motion to adopt the allocation rank-
ings and Inay include the following:
a. An error in the designation of the applicable subarea;
b. A mistake in the application of one or more of the evaluation criteria;
c. A misinterpretation of the applicability of an evaluation criterion.
4. The public~ including, but not limited to, applicants for allocation awards, shall be permitted to testify at the public
hearing. Applicants may offer testimony about their applications or other applications; however, in no event may an appli-
cant offer rnodifications to an application that could change the points awarded or the ranking of the application.
5. At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings as submitted by the director of planning;
b. Move to accept the evaluation rankings as may be modified as a result of the public hearing;
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings pending receipt of additional infor-
mation;
e. Move to reject the evaluation rankings.
6. The planning commission shall finalize the evaluation rankings within sixty (60) days following initial receipt of
the director of planning evaluation ranking, report and recommendation.
D. Notification to Applicants. Upon finalization of the evaluation rankings by the planning commission, notice of the
rankings, by subarea, shall be posted at the planning department offices and at such other places as may be designated by
the planning commission.
1. Applicants who receive allocation awards shall be further notified by certified mail, return receipt requested. Upon
receipt of notification of an allocation award, the applicant may request issuance of a building permit for the applicable resi-
dential dwelling unit.
2. Applicants who fail to receive allocation awards shall be further notified by certified mail, return receipt requested;
without further action by such applicants nor the payment of any additional fee, such applications shall remain in the resi-
dential ROCiO system for reconsideration in the next succeeding quarterly allocation period.
E. Identical Rankings. If two or more allocation applications in a given subarea receive an identical evaluation ranking
and both (or all) cannot be granted allocation awards within the quarterly allocation~ the planning commission shall award
the allocation to the completed application first submitted, based on the date of submission.
1. If two or more such completed applications were submitted on the same day, the available allocation shall be
awarded to the application with the fewest number of negative points.
2. The planning commission may recommend that two or more allocation applications with identical rankings be ap-
proved despite the fact that the quarterly allocation will be exceeded if:
a. Express findings are made justifying the decision;
b. The excess allocation is reduced from the next succeeding quarterly allocation period or is reduced pro rata from
the next three quarterly allocation periods as set forth below; and
c. Th(~ board confrrms the planning commission recommendation.
3. An excess allocation of three dwelling units or less may be reduced from the next succeeding quarterly allocation
period.
F. Adlninistrative Relief.
I. If an applicant for an allocation award:
a. Who has complied with all requirements of the dwelling unit allocation system;
b. Whose application has not been withdrawn; and
c. Whose application has been considered in at least three of the first four consecutive annual allocation periods; and
fails to receive an allocation award, such applicant may apply to the board for administrative reliefpursuant to the terms and
conditions set forth herein.
2. An application for administrative relief shall be made on a form prescribed by the director of planning and may be
filed with the director of planning no earlier than the conclusion of the third annual allocation period and no later than
ninety (90) days following the close of the fourth annual allocation period.
3. Upon the filing of an application for administrative relief, the director of planning shall forward to the board all
relevant files and records relating to the subject applications. Failure to file an application shall constitute a waiver of any
315
9.22.120
rights under this section to assert that the subject property has been taken by the county without payment of just cOlnpensa-
tion as a result of the dwelling unit allocation system.
4. Upon receipt of an application for adlninistrative relief., the board shall notice and hold a public hearing at which
the applicant will be given an opportunity to be heard.
5. The board 11lay review the relevant applications and applicable evaluation ranking., taking testimony froln county
staff and others as may be necessary and hear testimony and review documentary evidence submitted by the applicant.
6. At the conclusion of the public hearing., the board may take any or a combination of the following actions:
a. Grant the applicant an allocation award for all or a nUlnber of dwelling units requested in the next succeeding quar-
terly allocation period or extended pro rata over several succeeding quarterly allocation periods~
b. Offer to purchase the property at its fair market value~
c. Suggest such other relief as may be necessary and appropriate. (Prior code ~ 9.5-122.2)
9.22.120 Evaluation criteria.
A. Evaluation Criteria. The point values established on the following pages are to be applied cUlnulatively except
where otherwise specified.
I. Platted Subdivision Infill. The following points are intended to encourage the infill of legally platted subdivisions
served by existing infrastructure.
Point assignment Criteria
+10 An application which proposes a dwelling unit within legally platted, recorded
subdivision on lot(s) served by existing infrastructure, including at a minimum, potable
water., electricity, and roadways which the public works department director determines
is paved.
Additional requirements:
In order to be considered '"'"served.," the necessary infrastructure must be both:
1. Located along the same street as the lot or parcel proposed for development~
and
2. In place since July] 3, 1992.
2. Infrastructure Availability. The following points are intended to encourage the infill of lots or parcels served by
existing infrastructure.
Point assignment Criteria
+5 An application which proposes a dwelling unit outside of a legally platted, recorded
subdivision, but the lot or parcel proposed for development is served by existing
infrastructure, which includes at a minimum, potable water, electricity and roadways
which are paved, as determined by the public works department director.
Additional requirements:
In order to be considered '"'"served," the necessary infrastructure lnust be both:
I. Located along the same street as the lot or parcel proposed for development
and
2. In place since July 13, 1992.
3. Lot Aggregation. The following points are intended to encourage the voluntary reduction of density through aggre-
gation of vacant, legally platted, buildable lots with density allocation by lot.
Point assignment
+3
Criteria
An application which aggregates a contiguous vacant, legally platted., buildable IS, lS-
D, URM, URM-L or CFY lot to ether with the arcel ro osed for develo 11lent.
316
Point assi nment
+3
9.22. 120
Criteria
Each additional contiguous vacant~ legally platted, buildable IS, IS-D~ URM, URM-L or
CFV lot which is a re ated will earn the a lication the additional oints as s ecified.
Additional requirements:
1. Points will not be awarded for lot aggregation within those areas proposed for
ac uisition b overnmental a encies for the u ose of resource rotection.
2. The a lication shall include but not be limited to the followin :
An affidavit of ownershi of all affected arcels~ acrea e or land; and
A legally binding restrictive covenant litniting the nUlnber of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
county, shall be approved by the growth Inanagement director and county attorney
and recorded in the office of the county clerk prior to the issuance of any
develo ment a roval or buildin ermit~ ursuant to an allocation award.
4. Acreage Tract Density Reduction. The following points are intended to encourage the voluntary reduction in allo-
cated density on parcels with density of land.
Point assignment
+2
+4
+6
Criteria
An application which voluntarily reduces the allocated density of the parcel of land
ro osed for develo ment b between fi (50) and six -six (66) ercent.
An application which voluntarily reduces the allocated density of the parcel of land
ro osed for develo ment b between sixt -seven (67) and seventy-five (75) ercent.
Application which voluntarily reduces the allocated density of the parcel of land
ro osed for develo ment b reater than sevent -five (75) ercent.
Additional re uirements:
I. The parcel proposed for development must be located in zoning districts in which
densi is allocated in residential units er acre.
2. The application shall include but not be lilnited to the following:
An affidavit of ownershi of the affected arcet acrea e or land~
A legally binding restrictive covenant limiting the number of dwelling units on
the acreage tract, running in favor of Monroe County and enforceable by the
county ~ shall be approved by the growth management director and county attorney
and recorded in the Monroe County clerk's office, prior to the issuance of any
development a roval or build in ermit, ursuant to an allocation award.
5. Land Dedication. The following points are intended to encourage the voluntary dedication of vacant, buildable land
within those~ areas proposed for acquisition by governmental agencies for the purposes of conservation or resource protec-
tion.
Point assignment Criteria
+2 An application which includes the dedication to Monroe County of one vacant~ legally
platted buildable lot or at least one acre of unplatted buildable land located within a
conservation area or areas proposed for acquisition by governmental agencies for the
purposes of conservation and resource protection.
+2 An application which includes the dedication to Monroe County of either an additional
legally platted~ buildable lot~ or an additional one acre of unplatted buildable land
located in areas proposed for acquisition by governmental agencies for the purposes of
conservation or resource protection.
317
9.22.120
Point assi~nment Criteria
Additional requirements:
I. Io~Buildable" means construction of a dwelling unit or sOlne development could be
pennitted, as detennined by the director of planning.
2. The application shall include but not be limited to the following:
An affidavit of ownership of all affected lots, parcels, acreage or land~
A statutory warranty deed that conveys the dedicated property to the county shall
be approved by the growth managelnent director and county attorney and
recorded in the office of the county clerk, prior to the issuance of any building
permit pursuant to an allocation award.
6. Affordable Housing. The following points are intended to increase the supply of affordable housing.
Point assi~nment Criteria
+5 An application which proposes a dwelling unit which Ineets the definition of affordable
housing and restricts the dwelling unit to a household with a gross annual income limit as
defined in Section 9.02.040.
7. Habitat Protection. The following points are intended to discourage the clearing of significant habitat and are based
on the type and quality of the existing vegetation located within an area approved for clearing or development as shown on
the approved site plan.
Point assignment C rite ria
- 10 An application which proposes to clear an area of habitat type and quality froln Group 4
which includes the following:
High hammock (high quality)
Low hammock (high quality)
Pineland
Unscarified beach/berm
Saltmarsh and buttonwood wetlands
Palm hammock
Cactus hammock
- 5 An application which proposes to clear an area of habitat type and quality froln Group 3
which includes the following:
High hammock (lnoderate quality)
Low hammock (moderate quality)
-2 An application which proposes to clear an area of habitat type and quality from Group 2
which includes the following:
High hammock (low quality)
Low hammock (low quality)
Scarified land with saltlnarsh and buttonwood
Scarified land with beach/benn (design standards)
+1 An application which proposes to develop in an area of habitat type and quality from
Group 1 which includes the following:
Sc ari fi ed/ sc ari fi ed
Scarified with exotics
318
Point :assi n ment
9.22. 120
Criteria
Additional re uirements:
1. If the approved clearing area includes more than one habitat type/habitat quality
group, points shall be assigned to the application for development on the basis of the
following formula: (Area of clearing in Group l/area in parcel of land to be cleared)
x (+ 1) + (area of clearing in Group 2/area in parcel of land to be cleared) x (- 2) +
(area of clearing in Group 3/area in parcel of land to be cleared) x (- 5) + (area of
clearing in Group 4/area in a parcel of land to be cleared) x (- 10).
2. A determination of the quality of an unscarified high halnmock., low halnmock or
pine lands shall be made through the utilization of the habitat analysis indices and
scores (HEI)., a lied ursuant to Cha ter 9.48, (environlnental desi n standards).
8. Threatened or Endangered Anilnal Species. The following points are based on a probable impacts of a proposed
deve]oplnent on the successful protection and recovery of a threatened or endangered animal species in its natural habitat.
Point nssignment Criteria
- 10 An application which proposes a dwelling unit within a known habitat of a documented
threatened/endangered species.
- 10 An application which proposes a dwelling unit within one hundred (100) feet of any
known nesting area for Inarine turtles, as described in Section 9.48.180 (shoreline
setbacks).
- 10 An application which proposes a dwelling unit within five hundred (500) feet of any
known nesting or resting area of the piping plover.
- 5 An application which proposes a dwelling unit within a probable or potential habitat of
a threatened/endangered species.
-2 An application which proposes a dwelling unit within the habitat of a wide-ranging
threatened/endangered species or a species of special concern.
9. Critical Habitat Areas. The following points are intended to discourage development in critical habitat areas of the
Florida Keys.
Point assi oment
.. 10
.. 10
.. 10
.. 10
Criteria
An application which proposes a dwelling unit on Big Pine Key., No Name Key., Ohio
Ke or North Key Lar o.
An application which proposes a dwelling unit within the Priority I and Priority II
acquisition areas of the National Key Deer Refuge.
An application which proposes a dwelling unit within the Coupon Bight or C.A.R.L.
ac uisition areas.
An application which proposes a dwelling unit within the "secondary zone" defined by
the U.S. Fish and Wildlife Service in the Habitat Managelnent Guidelines for the Bald
Ea Ie in the Southeast Re ion, 1987, inco orated herein b reference.
10. Perseverance Points. The following points are intended reward an application based upon the number of years spent
in the residential ROGO system without receiving an allocation award.
Point a,ssi oment
-+ 1
+2
Criteria
A point shall be awarded on the anniversary of the controlling date for each year that
the a lication relnains in residential ROGO s stem u to four ears.
Points shall be awarded on the anniversary of the controlling date for each year over
four that the application relnains in the dwelling unit allocation system.
319
9.22.120
Point assie;nment Criteria
Additional requirements:
1. If, after gaining a perseverance point or points. an application should be
withdrawn for any reason, the perseverance point or points gained shall be
retained~ however, a new controlling date shall be established as provided in
Section 9.22.1 OO(A).
II. Coastal High Hazard Area. The following points are intended to discourage developInent in a coastal high hazard
area (CHHA).
Point assignment Criteria
- 1 An application which proposes a development within a ..~ A" zone on the FEMA flood
insurance rate Inap.
-6 An application which proposes a development within a ~~V" zone on the FEMA flood
insurance rate Inap.
+1 An application which proposes a developlnent within a \'~X" zone on the FEMA flood
insurance rate map.
Additional requirelnents:
1. The term ~~coastal high hazard area (CHHA)" is defined in Section 9.02.040
and the applicable areas are shown on the most recent Federal EInergency
Management Agency (FEMA) flood insurance rate Inap.
12. Coastal Barrier Resources SysteIn (CBRS). The following points are intended to discourage development of the
CBRS.
Point assignment Criteria
- 10 Application proposes development within units of the coastal barrier resources systeIn
(CBRS).
Additional requirements:
1. The term ~~coastal barrier resources systeln (CBRS)" is defined in Section 9.02.040
and the applicable areas are shown on the Inost recent FEMA flood insurance rate
map. For a general listing of the county's fifteen (15) CBRS units, see the technical
document.
13. Offshore Islands and Conservation Land Protection Areas. The following points are intended to discourage devel-
opInent, which impacts offshore islands and conservation land protection areas.
Point assignment Criteria
- 10 An application which proposes developInent of a parcel designated offshore island (OS)
on the zoning map.
-2 An application proposes a development, which may negatively impact conservation
land protection areas.
Additional requiretnents:
1. The detennination of negative impact shall be based upon the management plans
developed for conservation land protection areas pursuant to the 2010 Plan.
320
9.22.120
14. Transferable Developlnent Rights (TDRs). The following points are intended to encourage the use of transferable
development rights (TDRs) to decrease the development potential of sensitive sender sites.
I Point :flssi2nment
+ 1
Criteria
An application that proposes development on an eligible receiver site shall earn a point
for each whole development right transferred from an eligible sender site.
15. Historic Resources. The following points shall be assigned in order to encourage protection of historic and archaeo-
logical resources.
Point assignment Criteria
- 10 An application which proposes development, which adversely affects, removes or
destroys historic structures located within a local or national district or destroys a
known archaeological resource.
+ 10 An application proposes a development, which preserves, restores or enhances historic
or known archaeological resources.
Additional requirements:
1. The Secretary of the Interior's guidelines shall be used in making these
determinations.
16. Water Conservation. The following points are intended to encourage the use of water conservation measures. No
points shall be awarded for proposed development in areas in which a Florida Keys aqueduct authority water connection is
prohibited, as described in Chapter 48-7, F.A.C.
Point ~lssignment Criteria
+ 1 An application which includes an ultra-low volume plumbing fixtures for all toilets~
sinks, and showers, meeting the following flow rates:
Toilets 1.6 gal/flush
Showerheads 2.5 gal/min.
Faucets 2.0 gal/min.
+ 1 An application includes either: a primary water source consisting of a cistern (twelve
thousand five hundred (12,500) gallon minimum) or a reverse osmosis (RO) facility
(two hundred (200) gallon per day minilnum); or a secondary water source consisting of
a cistern (two thousand five hundred (2,500) gallon minimuln) or a reverse oSlnosis
facility (fifty (50) gallon per day minimum).
Additional requirelnents:
1. Only one point shall be earned in this category.
2. All RO systems must be used to convert saltwater to potable fresh water. Using
RO facilities which merely filters potable water shall not be awarded a point.
17. EneTgy Conservation. The following points are intended to encourage the use of energy conservation measures. No
points shall be awarded for proposed developlnent in areas not served by the Florida Keys Electric Cooperative or the city
electric system.
Point a:ssi~nment C rite ria
+1 An application which includes a dwelling unit with any installed air conditioning units
must have an energy efficiency rating of twelve (12) or better.
+1 An application which proposes a dwelling unit with a solar hot water panel with a
minimum of fourteen (14) kwh/day.
321
9.22.130
Point assi2nment Criteria
+1 An application which proposes a dwelling unit with a photovoltaic systeln which
generates a minimum of fourteen (14) kwh/day.
+1 An additional point shall be awarded when a photovoltaic system, Ineeting this
lninilnum size is used to elilninate any reliance on the conventional grid systeln.
+1 An application which proposes a dwelling unit with a heat recovery unit which provides
supplelnental heating of dOlnestic hot water.
18. Structural Integrity of Construction. The following points are intended to encourage high standards of structural
integrity.
Point assignment Criteria
+1 An application proposes a dwelling unit which exceeds the minilnuln flood elevation by
thirteen (13) inches or Inore.
+1 An application which proposes a dwelling unit designed to Ineet a minilnum peak wind
speed of one hundred and sixty (160) Iniles per hour.
+1 Application which Ineets meet a Ininimum peak wind speed of one hundred and
seventy- five (175) miles per hour shall earn an additional point.
Additional requirements:
I. A qualified engineer or architect Inust certify wind loading.
(Ord. l1A-2004 S I~ Ord. 010-2004 S I~ Ord. 043-2002 S I~ prior code ~ 9.5-122.3)
9.22.130 Appeals.
A. An appeal from the decision of the planning commission shall be Inade to the board of county cOlnmissioners. The
notice of such appeal shall be in a form prescribed by the director of planning and lnust be filed with the director of plan-
ning within twenty (20) days of the planning comlnission' s decision. Upon the filing of an appeal, the planning commis-
sion"s secretary will forward to the board all relevant files and records relating to the matter. Failure to tile an appeal with
the board shall constitute a waiver of any rights under this title to further the decision of the planning commission on the
awarded dwelling unit allocations.
B. The filing of an appeal shall not stay either the action of the planning commission or the action of the director of
planning.
C. If, as a result ofa successful appeal., additional allocation awards are to be made, the board shall instruct the direc-
tor of planning as to how many dwelling units shall receive allocation awards, when such allocation awards are to be Inade
and what effect such additional allocation awards will have on the current annual or quarterly dwelling unit allocation. To
ensure that the residential dwelling unit allocations set forth in Section 9.22.090 are not exceeded, the director of planning
shall inform the planning comlnission of the results of the appeal and the disposition of any additional allocation awards.
(Prior code ~ 9.5-123)
322
Sections:
9.24.010
9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
9.24.100
9.24.110
9.24.0 10
Chapter 9.24
NONRESIDENTIAL RATE OF GROWTH ORDINANCE
Purpose and intent.
Definitions.
General provisions.
Type of development affected.
Type of development not affected.
NROGO allocations.
Application procedures for NROGO.
Evaluation procedures for nonresidential floor area allocation.
Administrative relief.
Evaluation criteria.
Employee housing fair share impact fee.
9.24.010 Purpose and intent.
The purposes and intent of the nonresidential rate of growth ordinance are:
A. To facilitate implementation of goals, objectives and policies set forth in the comprehensive plan relating to main-
taining a balance between residential and nonresidential growth;
B. To maintain a ratio of approximately two hundred thirty-nine (239) square feet of nonresidential floor area for each
new residential pennit issued through the residential rate of growth ordinance (ROGO);
C. To promote the upgrading and expansion of existing small-size businesses and to retain the predominately small
scale character of nonresidential development in the Florida Keys;
D. To regulate the rate and location of nonresidential development in order to further deter deterioration ofpubJic fa-
cility service levels, environmental degradation and potential land use conflicts; and
E. To allocate the nonresidential floor area annually hereunder, based on the goals, objectives and policies of the com-
prehensive plan and the Livable Communi Keys master plans. (Prior code * 9.5-124(a))
9.24.020 Definitions.
The words and phrases used in this section shall have the meanings prescribed in this title, except as otherwise indicated
as follows:
"Annual allocation period" means the twelve (12) month period beginning on July 14, 2001, and subsequent one-year
periods which is used to determine the amount of nonresidential floor area to be allocated based on the number of ROGO
allocations to be issued in the upcoming ROGO year.
,- Allocation date" means the specific date and time by which applications for the NROGO allocation applications will be
accepted and processed.
-" Annual nonresidential ROGO allocation" means the maximum floor area for which building permits may be issued dur-
ing an annual allocation period.
""Community master plan" means a plan adopted by the board of county commissioners as part of the Monroe County
Livable COllrlmuniKeys Program.
~'Controlling date" has the same meaning as the definition in Section 9.22.020, except it shall apply to NROGO applica-
tions under this chapter.
~"Covered walkways" means a covered area of any length but no wider than five feet that is used for providing weather
protected pedestrian access from one part of a property to another part of the saIne property.
~'Historic resources" Ineans a building, structure, site, or object listed or eligible for listing individually or as a contribut-
ing resource in a district in the National Register of Historic Places, the State Inventory of Historic Resources or the Monroe
County Regilster of Designated Historic Properties.
"Infill" means development or redevelopment of land that has been bypassed, remained vacant, and/or underused in oth-
erwise built up areas, which are serviced by existing infrastructure.
323
9.24.030
~'Infill site" Ineans any parcel or parcels of land that meets anyone of the following criteria:
1. Has been designated as appropriate for nonresidential developlnent in an adopted cOlnmunity Inaster plan~
2. Located within two hundred (200) feet of an existing nonresidential use in the industrial (I), Inarine industrial (MI),
urban comlnercial (UC), sub urban commercial (SC), and mixed use (MU) districts, as Ineasured from property line to prop-
erty line, which fronts on the same side of the public right-of-way as the subject property~ or
3. Has existing nonresidential uses with Inore than five hundred (500) square feet of lawfully established nonresiden-
tial floor area.
~'Nonresidential floor area" means the SUln of the gross floor area for a nonresidential structure as defined in Section
9.02.040, any areas used for the provision offood and beverage services and seating whether covered or uncovered, and all
covered, unenclosed areas except for walkways, stairways, entryways, parking and loading. Nonresidential floor area is not
space occupied by transient residential and institutional residential principal uses.
~'Nonresidential ROGO allocation" means the maxilnuln amount of nonresidential floor area for which building pennits
Inay be issued in a given time period.
"N onresidential ROGO allocation award" means the approval of a nonresidential ROGO application for the issuance ofa
building pertnit to authorize construction of new nonresidential floor area.
~'Site" means the parcel(s) of land or parcels required to be aggregated under Section 9.34.280 to be developed or from
wh ich existing nonresidential floor area is to be transferred or received.
~'Sunshade" means an unenclosed structure used as protection from the weather.
~~Storage area" means the outdoor storage of boats, campers, equiplnent, and materials for Inore than twenty-four (24)
hours. This is considered a light industrial use and does not include waste transfer stations, junkyards or other heavy indus-
trial uses. (Ord. 046-2003 ~ 1 ~ prior code ~ 9 .5-124(b))
9.24.030 General provisions.
A. Nonresidential ROGO Allocation Award Required. No building pertnit shall be issued after January 4, 1996, that
results in additional nonresidential floor area on a site unless that nonresidential development has received a nonresidential
allocation award, or is determined to be exempt as provided below.
B. Applicable Geographic Area. The NROGO allocation system shall apply within the unincorporated area of Monroe
County, Florida. (Prior code ~ 9.5-124.1)
9.24.040 Type of development affected.
A. The NROGO shall apply to the development of nonresidential floor area and other uses as described in subsection
Band C of this section for which a building permit or developlnent approval is required by this title and for which building
permits have not been issued prior to the effective date of the nonresidential permit allocation system.
B. Notwithstanding the provisions of Section 9.02.040, development, the following new uses shall be prohibited until
appropriate areas are so designated in a cOlnmunity master plan:
1. Commercial retail high-intensity uses that generate more than one hundred fifty (150) trips per one thousand
(1,000) square feet of floor area~
2. Storage areas, as a principal use~
3. Outdoor retail sales areas on a vacant lot and any new or expanded outdoor retail sales associated with structures of
less than five hundred (500) square feet of floor area.
C. New or expanded outdoor retail sales associated with a lawfully established structure, existing on the effective date
of this chapter, of at least five hundred (500) square feet of floor area Inay be permitted with a minilnum ofa minor condi-
tional use approval.
D. Enc losing of any canopies or drive-throughs in existence on or before September 19, 2001, the date of the adoption
ofNROGO Ordinance No. 032-2001 shall require an NROGO allocation. (Ord. 046-2003 ~ 2~ prior code S 9.5-124.2)
9.24.050 Type of development not affected.
A. The NROGO shall not apply to the developlnent described below:
1. Developlnent With No Net Increase in Nonresidential Floor Area. The redevelopment, rehabilitation or replacement
of any lawfully established nonresidential floor area which does not increase the alTIOunt of nonresidential floor area greater
than that which existed on the site prior to the redevelopment, rehabilitation or replacement~
324
9.24.050
2. Areas Exelnpted From Residential ROGO. Any area of un incorporated Monroe County exempted from residential
ROGO as provided for in Section 9.22.060~
3. Public/Governmental Uses. Public/governmental uses~ including capital improvements and public buildings as de-
fined by Section 9.02.040;
4. Development Activity for Certain Not-For-Profit Organizations. Nonresidential development activity by federally
tax exempt not-for-profit educational~ scientific~ religious~ social~ cultural and recreational organizations which predomi-
nately servt~ the county's permanent population if approved by the planning commission after review by the planning direc-
tor. This not-for-profit exelnption is not applicable to nonresidential development proposed within those areas proposed for
acquisition by governmental agencies for the purpose of resource protection. Nonresidential development approved under
this section Inay not be changed to a for-profit use without permit approvals and a NROGO application for and receipt of a
floor area allocation;
5. Vested Rights. Landowners with a valid~ unexpired development of regional impact approval granted by the county
prior to January 4~ 1996~ (effective date of the comprehensive plan) or an approved vesting determination by the county
from the nonresidential allocation requirements of this section and the comprehensive plan;
6. De Minimis Expansion of Nonresidential Floor Area. The cumulative expansion, after January 4~ 1996~ of any ex-
isting nonre'sidential floor area by one hundred (100) square feet or less;
7. Industrial Uses. Industrial uses in the Inaritime industrial eMI) and the industrial (I) land use districts provided that
the floor area is restricted to manufacturing~ assembly~ wholesaling~ and distribution uses. All other uses which may be
permitted in the land use district are subject to the requirements of this chapter and Chapters 9.20 and 9.22 and will require a
nonresidential rate of the growth ordinance (NROGO) allocation;
8. Agriculture/ Aquacultural Uses. Lawfully established agricultural and aquacultural uses in the agricultural and
aquaculture use overlay (A);
9. Sunshade. Unenclosed sunshades comprising in total not more than two hundred (200) square feet may be permit-
ted for an existing lawfully established use;
10. Transfer Off-Site of Existing Nonresidential Floor Area. The demolition and transfer off-site of nonresidential floor
area from a sender site and the development of the transferred nonresidential floor area on a receiver site in accordance with
the following procedures and criteria: .
a. Eligibility of Sender Floor Area. Only nonresidential floor area within an enclosed structure~ as defined in Section
9.02.040~ not including uncovered areas designated for food and beverage services and seating~ shall be eligible for transfer.
Nonresidential floor area shall meet all the following criteria:
i. Be lawfully established~
ii. Is not be contained within a structure of historic value or a structure which contributes significantly to the character
of the streetscape~ and
iii. Is not located within any area of unincorporated Monroe County exempted from residential ROGO as provided for
in Section 9.22.060 or exempted from NROGO under subsection (A)(3)~ (4), (6)~ (7)~ or (8) of this section.
b. Criteria For Redevelopment of Nonresidential Floor Area Off-Site. In order to redevelop off-site~ a receiver site
shall be evaluated for site conditions and shall meet all of the following criteria:
i. Has, existing lawfully established nonresidential floor area or is an infill site~
11. Is located in the same ROGO subarea as the sender site~
Ill. Is not a commercial retail high intensity use which will generate more than one hundred fifty (150) trips per one
thousand (COOO) square feet of floor area~
iv. Is not located on Big Pine Key, No Name Key or within a CARL acquisition area~
v. Receives no negative environlnental points when evaluated pursuant to Section 9.24.1 00(A)(4H6)~
VI. Is not located in a ~r.V'~ zone pursuant to Section 9.24.1 00(A)(8)~
VII. Is not located in a coastal barrier resources system pursuant to Section 9.24.1 00(A)(9)~ and
VIII. Is not located in an offshore island/conservation land protection area pursuant to Section 9.24.1 OO(A)( 1 0).
c. Limlitations on the Amount of Nonresidential Floor Area Which May be Transferred to Any One Site. The amount
of nonresidential floor area which may be transferred to anyone site shall be as follows:
i. No ITIOre than a maximum cUlTIulative total of four thousand (4~000) square feet of nonresidential floor area may be
transferred to anyone site.
325
9.24.060
ii. A receiving structure with existing nonresidential floor area shall not be expanded using transferred floor area if the
expansion results in a structure with Inore than ten thousand (I O~OOO) square feet of nonresidential floor area~ except within
the urban comlnercialland use district where a structure Inay be expanded to a maximum total of fifty thousand (50~000)
square feet of nonresidential floor area.
iii. The amount of nonresidential floor area that may be transferred to or from a site shall not be less than two hundred
(200) square feet and shall be in increments of one hundred (100) (i.e.., 200'1 300~ 400~ etc.) square feet.
d. Procedures for Transfer of Nonresidential Floor Area. The following procedures shall be followed for pennitting
transfer of nonresidential floor area off site:
i. A pre-application conference and~ at a minimuln., a Ininor conditional use approval shall be required for both the
sender site and the receiver site.
ii. The sender nonresidential floor area shall be assigned a unique identifier number(s)., for each one hundred (100)
square foot increments~ that shall be used for tracking and monitoring by the planning department. The unique identifier
number shall be itemized in the conditional use orders and building permits required for both the sender and receiver sites.
All floor area to be transferred shall be rounded to the nearest one hundred (100) square feet.
iii. No building permit shall be issued for the nonresidential floor area on the receiver site until the sending site struc-
ture is demolished as per an issued demolition pennit and a final inspection for the delnolished floor space has been COln-
pleted by the building department. (Ord. 046-2003 ~ 3~ prior code S 9.5-124.3)
9.24.060 NROGO allocations.
A. Maximum Amount of Available Floor Area for the Annual Nonresidential ROGO Allocations. The maximuln
amount of floor area available for allocation under NROGO shall be determined by multiplying the number of residential
permits available for the annual residential allocation period year by two hundred thirty-nine (239) square feet and rounding
the product to the nearest one hundred (100) square feet. This maximum totallnay be adjusted as provided for in Section
9.24.080(A). For the first annual allocation period~ the maximum alnount of floor area that may be made available for allo-
cation is to be based upon the number of permits issued under ROGO., starting with the Third Quarter., ROGO Year I (start-
ing April 14., 1993) through ROGO Year 9 (ending July 13., 200 I) and number ofROGO allocations to be Inade in ROGO
Year 10., reduced by the amount of nonresidential floor area approved in pennits~ issued after the adoption of the compre-
hensive plan on April15~ 1993. Any remaining part of the maximum annual allocation not made available for allocation in
an annual allocation period by the board of county commissioners in subsection G of this section shall be carried over to the
next annual allocation period.
B. Maximuln Allocation of Nonresidential Floor Area by Site. The amount of nonresidential floor area to be allocated
shall be limited to a maximum of two thousand five hundred (2~500) square feet for anyone site., except for sites designated
for nonresidential developlnent in a comlnunity Inaster plan. For sites located within a community master plan~ the Inaxi-
mum allocation shall only be limited by the maximum floor area per structure in subsection C of this section.
C. MaxiJnUln Floor Area Per Structure. An existing structure shall not receive an allocation that expands the structure
to more than ten thousand (I O~OOO) square feet of nonresidential floor area~ except that nonresidential floor area of structures
in the urban commercial land use district may be expanded to not more than fifty thousand (50'1000) square feet.
D. Large and Small Size Allocations. A minitnum of seventy- five (75) percent of the available floor area to be allo-
cated in any annual allocation period shall be for applications requesting floor area of two thousand five hundred (2.,500)
square feet or less. The remaining twenty-five (25) percent may be allocated to applications requesting floor area of In ore
than two thousand five hundred (2~500) square feet.
E. Annual Allocation and Semiannual Allocation Periods. The maximum annual amount of nonresidential floor area
which Inay be made available for allocation and the distribution between small (two thousand five hundred (2.,500) square
feet or less) and large (more than two thousand five hundred (2~500) square feet) allocations shall be established by the
board of county comlnissioners consistent with the provisions of subsections A and 0 of this section upon the recoJnlnenda-
tion of the planning commission and planning director as set forth in subsection G of this section. The allocation shall be
made available on a county-wide basis. The amount of nonresidential floor area which~ may be made available for each al-
location period as determined in subsection G of this section~ may be available for allocation awards after the fITst allocation
date of that year. Any floor area not allocated in this first allocation or floor area that becolnes available later in the current
allocation period under provisions of Section 9.24.080(A) may be made available for allocation awards after a second allo-
cation date.
326
9.24.070
F. Allocation Dates. To be considered for an aHocation award~ all NROGO applications must be subtnitted to the
planning department and deemed complete by the planning director by no later than four p.m. on the specified allocation
date. The first allocation date of a NROGO annual allocation period shall be the last day of the fourth quarter ROGO alloca-
tion period., except that for the first NROGO annual allocation period~ the allocation date shall be January 1 ~ 2001. The sec-
ond allocation date for the current NROGO annual allocation period~ ifnecessary~ shall be the last day of the second quarter
ROGO allocation period.
G. Board of County Commissioners Action Required. The board of county commissioners shall adopt by resolution
the total atnount of nonresidential floor area~ which may be made available for the annual allocation and the distribution of
this allocation between small and large size aHocations after receiving recommendations frotn the planning comlnission and
planning director. The planning commission shall make its allocation recommendations to the board of county comtnission-
ers at least ninety (90) days prior to the annual allocation date. The board of county commissioners shall establish the annual
maximum allocation~ the allocation to be made available for the first allocation period and the distribution between slnall
and large size allocations by no later than sixty (60) days prior to the allocation date.
H. Annual Allocation. The board of county commissioners tnay make available for allocation all or part of the maxi-
InUlTI annual allocation. This annual allocation may be distributed between the two allocation dates. (Prior code ~ 9.5-124.4)
9.24.070 Application procedures for NROGO.
A. Application for Allocation. The planning department shaH accept applications to enter the NROGO system on
forms provided by the planning director. The NROGO application form must be accompanied by an approved building
permit application in order to be considered in the current annual allocation period. The application must state for which
allocation category an award is being sought~ either two thousand five hundred (2~500) square feet or less~ or more than two
thousand five hundred (2~500) square feet. The planning director shall review the NROGO application for completeness. If
the application is determined to be incomplete~ the planning director shall reject the NROGO application and notify the ap-
plicant of such rejection, and the reasons therefore, within ten (10) working days. If determined to be complete~ the applica-
tion shall b(~ assigned a controlling date.
B. Fe~~ for Review of Application. Each NROGO application shall be accompanied by a nonrefundable processing fee
as may be established by resolution of the board of county commissioners. Additional fees are not required for successive
review of the same NROGO application unless the application is withdrawn and resubmitted.
C. COlmpliance with Other Requirements. The NROGO applications shall indicate whether the applicant for the non-
residential floor area allocation has satisfied and complied with all county~ state, and federal requirements otherwise im-
posed by Monroe County regarding conditions precedent to issuance of a building permit and shall require that the applicant
certify to such cOlnpliance.
D. Tinle of Review. Notwithstanding the time periods set forth in Section 9.20.030~ the director of planning may retain
the allocation application and its associated building permit application for review pursuant to the evaluation procedures and
criteria set forth in Sections 9.24.080 and 9.24.100.
E. Non-County Time Periods. The county shall develop necessary administrative procedures and, ifnecessary~ enter
into agreeml~nts with other jurisdictional entities which impose requirements as a condition precedent to development in the
county~ to ensure that such non-county approvals~ certifications and/or permits are not lost due to the increased time re-
quirements necessary for the county to process and evaluate residential dwelling unit applications and issue allocation
awards. The county may permit evidence of compliance with the requirements of other jurisdictional entities to be demon-
strated by coordination letters in lieu of approvals or permits.
F. Lirnitation on Number of Applications:
1. An individual entity or organization may have only one active NROGO application per site in the annual allocation
period.
2. The'fe shall be no limit on the number of separate projects for which NROGO applications may be sublnitted by an
individual~ e~ntity or organization.
G. Expiration of Allocation A ward. An allocation award shall expire when its corresponding building permit is
deemed to expire or after sixty (60) days of mailing of notification for the award of the allocation of nonresidential floor
area.
327
9.24.080
H. Withdrawal ofNROGO Application. An applicant may elect to withdraw a NROGO application without prejudice
at any time up to finalization of the evaluation rankings by the planning comlnission. Revision and resubmission of the
withdrawn application must be in accordance with subsection I of this section.
I. Revisions to Applications and Awards:
I. Upon sublnission ofNROGO application, an applicant may revise the application ifit is withdrawn and resubmitted
prior to the allocation date for the allocation period in which the applicant wishes to compete. Resublnitted applications
shall be considered new, requiring payment of appropriate fees and receiving a new controlling date.
2. After receipt of an allocation award, and either before or after receipt of a building permit being obtained, but prior
to receipt of a certificate of occupancy or final inspection, no revisions shall be Inade to any aspect of the proposed nonresi-
dential development which formed the basis for the evaluation review, determination of points and allocation rankings,
unless such revision would have the effect of increasing the points awarded.
3. A fter the receipt of an allocation award, a building pennit and a certificate of occupancy or final inspection, no re-
vision shall be Inade to any aspect of the completed nonresidential development which fonned the basis for the evaluation,
review, determination of points and allocation rankings, unless such revisions are accolnplished pursuant to a new building
permit and unless such revisions would have the net effect of either maintaining or increasing the number of points origi-
nally awarded.
1. Clarification of Application Data.
I. At any time during the NROGO allocation review and approval process, the applicant may be requested by the di-
rector of planning or the planning commission, to submit additional information to clarify the relationship of the allocation
application, or any elements thereof, to the evaluation criteria. If such a request is made, the director of planning shall iden-
tify the specific evaluation criterion at issue and the specific information needed and shall communicate such request to the
applicant.
2. Upon receiving a request from the director of planning for such additional information, the applicant Inay provide
such information~ or the applicant may decline to provide such information and allow the allocation application to be evalu-
ated as submitted. (Editorially amended during 2004 codification~ prior code ~ 9.5-124.5)
9.24.080 Evaluation procedures for nonresidential floor area allocation.
A. Adjustment of Nonresidential Floor Area Allocations. At the start of each annual allocation period and prior to the
second allocation date. as part of his or her duties in Section 9.24.060(G), the planning director shall recommend to the
planning commission additions or subtractions to the basic allocation, based upon any of the following, as appropriate:
I. The amount of floor area allocation awards that expired during the current annual allocation period~
2. The alnount of floor area allocation awards available which were not allocated at the first allocation of the current
annual allocation period~
3. A portion or all of the remaining maximum floor area not made available in the current or previous annual alloca-
tion period~ and
4. Any other modifications required or provided for by the comprehensive plan.
B. Initial Evaluation of Allocation Applications. Upon receipt of completed NROGO allocation applications, the direc-
tor of planning or his or her designee shall evaluate the allocation applications pursuant to the evaluation criteria set forth in
Section 9.24.100.
1. Within thirty (30) days of an allocation date, unless otherwise extended by the planning comlnission, the planning
director shall:
a. Complete the evaluation of all allocation applications submitted during the relevant allocation period~
b. Total the amount of square footage for which allocation applications have been received~ and
c. Rank the floor area allocation applications in descending order from the highest evaluation point total to the lowest
for each size classification.
2. If the alnount offloor area represented in the allocation applications by size classification is equal to or less than the
available allocation, the director of planning may make a recommendation to the planning comlnission that all of the alloca-
tion applications be granted allocation awards.
3. If the total amount offloor area represented in the allocation applications by size classification, is greater than the
available floor area, the director of planning shall sublnit an evaluation report to the planning commission indicating the
328
9.24.090
evaluation rankings and identirying those applications whose ranking puts them within the allocation., and those applications
whose ranking puts them outside of the allocation.
c. Public Hearings and Allocation A wards. Upon completion of the evaluation ranking report and/or recomlnendation.,
the director of planning shall schedule and notice a public hearing by the planning commission pursuant to otherwise appli-
cable regulations.
I. At or prior to the public hearing., the planning cotntnission may request, and the director of planning shall supply,
copies of the allocation applications and the director of planning evaluation worksheets.
2. Upon review of the allocation applications and evaluation worksheets, the planning cotntnission may adjust the
points awarded for tneeting a particular criteria, adjust the rankings as a result of changes in points awarded, or tnake such
other changes as tnay be appropriate and justified.
3. The basis for planning commission changes shall be specified in the form ofa motion to adopt the allocation rank-
ings and may include the following:
a. An error in the designation of the application" s size classification;
b. A lmistake in the application of one or more of the evaluation criteria;
c. A ltnisinterpretation of the applicability of an evaluation criterion.
4. The public., including, but not litnited to., applicants for allocation awards., shall be permitted to testiry at the public
hearing. Applicants may offer testimony about their applications or other applications~ however., in no event may an appli-
cant offer 1110difications to an application that could change the points awarded or the ranking of the application.
5. At the conclusion of the public hearing, the planning commission may:
a. Move to accept the evaluation rankings as subtnitted by the director of planning;
b. Move to accept the evaluation rankings as may be modified as a result of the public hearing~
c. Move to continue the public hearing to take additional public testimony;
d. Move to close the public hearing but to defer action on the evaluation rankings pending receipt of additional infor-
mation;
e. Move to reject the evaluation rankings.
6. Thle planning commission shall finalize the evaluation rankings within sixty (60) days following initial receipt of
the director of planning evaluation ranking, report and recommendation.
D. Notification to Applicants. Upon finalization of the evaluation rankings by the planning commission, notice of the
rankings by size classification, shall be posted at the planning department offices and at such other places as may be desig-
nated by the planning cotnmission.
I. Applicants who receive allocation awards shall be further notified by certified mail, return receipt requested. Upon
receipt of notification of an allocation award., the applicant may request issuance of a building permit for the applicable de-
veloptnent of the allocated nonresidential floor area.
2. Applicants who fail to receive allocation awards shall be further notified by certified mail., return receipt requested;
without further action by such applicants nor the payment of any additional fee, such applications shall remain in the
NROGO system for reconsideration at the next allocation in the current or following annual allocation period.
E. Identical Rankings. If two or more allocation applications in a given size classification receive an identical evalua-
tion ranking and both (or all) cannot be granted allocation awards within the allocation period, the planning commission
shall award the allocation to the completed application first submitted, based on the controlling date of the application. If
two or more such completed applications were submitted with the same controlling date, the available allocation shall be
awarded to the application with the fewest number of negative points. (Prior code S 9.5-124.6)
9.24.090 Administrative relief.
A. Eligibility. An applicant is eligible for administrative reliefunder the provisions of this section ifall the following
criteria are rnet:
J. Thf applicant has complied with all requirements of the nonresidential pennit allocation system;
2. The~ subject application has not been withdrawn; and
3. The' subject application has been considered in at least three of four consecutive annual allocation periods and has
failed to recleive an allocation award.
329
9.24.100
B. Application. An application for administrative relief shall be made on a fonn prescribed by the director of planning
and Inay be filed with the planning departlnent no earlier than the conclusion of the third annual allocation period and no
later than ninety (90) days following the close of the fourth annual allocation period.
c. Waiver of Rights. Failure to file an application shall constitute a waiver of any rights under this section to assert
that the subject property has been taken by the county without paYlnent of just cOlnpensation as a result of the nonresidential
floor area allocation system.
D. Processing and Review by Planning Director. Upon the filing of an application for adlninistrative relie( the director
of planning shall prepare a written report with recolnmendation and forward the report to the board of county cOITIlnission-
ers along with all relevant files and records relating to the subject application. The planning director shall advertise and
schedule a public hearing for consideration of the application by the board of county commissioners.
E. Public Hearing. At a public hearing~ the board of county commissioners Inay review the relevant application and
applicable evaluation ranking~ taking testimony froln county staff and others as Inay be necessary and hear testimony and
review doculnentary evidence submitted by the applicant. At the conclusion of the public hearing~ the board Inay take any or
a cOlnbination of the following actions:
1. Grant the applicant an allocation award for all or a part of the nonresidential floor area requested in the next alloca-
tion awards~
2. Offer to purchase the property at its fair market value~
3. Suggest such other relief as may be necessary and appropriate. (Prior code ~ 9.5-124.7)
(Ord. No. 032-200 1 ~ ~ 1)
9.24.100 Evaluation criteria.
A. Evaluation Point Values. The following point values established are to be applied cumulatively except where oth-
erwise specified:
1. Intill. The following points are intended to encourage the infill of areas served by existing infrastructure:
Point assi2nment Criteria
+10 An application which proposes nonresidential developlnent on an infill site served by
existing infrastructure~ including at a ITIinilnum~ potable water~ electricity~ and
roadways~ which the county engineer determines is paved.
Additional requirements:
In order to be considered ~~served~'~ the necessary infrastructure must be both:
1. Located along the same street as the lot or parcel proposed for developlnent~
and
2. In place since July 13, 1992.
2. Intensity Reduction. The following points are intended to encourage the voluntary reduction of intensity:
Point assignment Criteria
+4 An application proposes development that reduces the permitted floor area ratio (FAR)
to twenty-three (23) percent or less.
Additional requirements:
A legally binding restrictive covenant running in favor of Monroe County that limits
the floor area ratio of the property to a maxilnum of twenty-three (23) percent for a
period often (10) years shall be approved by the growth management director and
county attorney and recorded prior to the issuance of any building permit pursuant to
an allocation award.
330
9.24.100
3. Land Dedication. The following points are intended to encourage the voluntary dedication ofvacant~ buildable land
within those areas proposed for acquisition by governmental agencies for the purposes of conservation or resource protec-
tion:
Point assignment
+ 1
+1
Criteria
An application which includes the dedication to Monroe County of one vacant~ legally
platted buildable lot or at least one acre of unplatted buildable land located within a
conservation land protection area or areas proposed for acquisition by governmental
a encies for the u oses of conservation and resource rotection.
An application which includes the dedication to Monroe County of either an additional
legally platted~ buildable lot~ or an additional one acre of unplatted buildable land
located in areas proposed for acquisition by governmental agencies for the purposes of
conservation or resource protection.
Additional re uirements:
1. '''Buildable'' means construction of a dwelling unit or nonresidential developlnent~
as determined b the lannin director;
2. The a lication shall include but not be limited to the followin :
An affidavit of ownershi of all affected lots~ arcels~ acrea e or land:
A statutory warranty deed that conveys the dedicated property to the county shall
be approved by the growth management director and county attorney and
recorded in the office of the clerk of the county~ prior to the issuance of any
building permit pursuant to an allocation award.
4. Habitat Protection. The following points are intended to discourage the clearing of significant habitat and are based
on the type and quality of the existing vegetation located within an area approved for clearing or development as shown on
the approved site plan:
Point ~lssignment C rite ria
- 10 An application which proposes to clear an area of habitat type and quality froln Group 4
which includes the following:
High hammock (high quality)
Low hammock (high quality)
Pine land
Undisturbed beach/berm
Saltlnarsh and buttonwood wetlands
Palm hammock
Cactus hammock
-5 An application which proposes to clear an area of habitat type and quality from Group 3
which includes the following:
High hammock (moderate quality)
Low hammock (moderate quality)
-2 An application which proposes to clear an area of habitat type and quality from Group 2
which includes the following:
High hammock (low quality)
Low hamlnock (low quality)
Disturbed land with saltmarsh and buttonwood
Disturbed land with beach/benn (design standards)
+ 1 An application which proposes to develop in an area of habitat type and quality froln
Group 1 which includes the following:
Disturbed/scarified
331
9.24.100
Point assignment Criteria
Disturbed with exotics
Additional requirements:
1. If the approved clearing area includes Inore than one habitat type/habitat quality
group., points shall be assigned to the application for developlnent on the basis of the
following formula: (Area of clearing in Group l/area in parcel of land to be cleared)
X (+ 1) + (area of clearing in Group 2/area in parcel of land to be cleared) X (- 2) +
(area of clearing in Group 3/area in parcel of land to be cleared) X (- 5) + (area of
clearing in Group 4/area in a parcel of land to be cleared) X (- 10).
2. A detennination of the quality of an undisturbed high hammock., low halnmock or
pinelands shall be made through the utilization of the habitat analysis indices and
scores (HEI)., applied pursuant to Chapter 9.48., (enviromnental design standards)~ of
this title.
5. Threatened or Endangered Animal Species. The following points are intended to discourage developlnent due to the
probable adverse impacts of a proposed development on the successful protection and recovery of a threatened or endan-
gered anilnal species in its natural habitat:
Point assi nment
- 10
- 10
- 10
- 5
-2
Criteria
An application which proposes nonresidential development within a known habitat of a
documented threatened/endan ered s ecies as defined in Section 9.22.020.
An application which proposes nonresidential development within one hundred (100)
feet of any known nesting area for marine turtles., as described in Section 9.48.180
(shoreline setbacks).
An application which proposes nonresidential development within five hundred (500)
feet of an known nestin or restin J area of the i in lover.
An application proposes nonresidential development within a probable or potential
habitat of a threatened/endan ered s ecies as defined in Section 9.22.020.
An application which proposes nonresidential developlnent within the habitat of a
wideranging threatened/endangered species or a species of special concern as defined in
Section 9.22.020.
6. Critical Habitat Areas. The following points are intended to discourage developlnent in critical habitat areas of the
Florida Keys:
Point assi nment
- 10
- 10
- 10
- 10
Criteria
An application which proposes nonresidential development on Big Pine Key., No Name
Key., Ohio Key or North Key Largo.
An application which proposes nonresidential development within the Priority I and
Priority II ac uisition areas of the National Key Deer Refu e.
An application which proposes nonresidential development within the Coupon Bight or
C.A.R.L. ac uisition areas.
An application which proposes nonresidential development within the ~~secondary zone""
defined by the U.S. Fish and Wildlife Service in the Habitat Management Guidelines
for the Bald Ea Ie in the Southeast Re ion, 1987., inco orated herein by reference.
332
9.24.100
7. Perseverance Points. The following points are intended reward an application based upon the number of years spent
in the NRC~GO systelTI without receiving an allocation award:
I Point :assignment
+1
Criteria
A point shall be awarded on the anniversary of the controlling date for each year that the
application remains in the NROGO system.
8. Coastal High Hazard Area. The following points are intended to discourage development in a coastal high hazard
area (CHHi\.):
Point assign ment Criteria
- I An application which proposes nonresidential development within an ~~A" zone on the
FEMA flood insurance rate map.
- 8 An application which proposes nonresidential development within a ~~V" zone on the
FEMA flood insurance rate lTIap.
+] An application which proposes nonresidential development within an ~'X" zone on the
FEMA flood insurance rate map.
Additional requirements:
1. The term ~'coastal high hazard area (CHHA)" is defined in Section 9.02.040 and
the applicable areas are shown on the most recent Federal Emergency ManagelTIent
Agency (FEMA) flood insurance rate map.
9. Coastal Barrier Resources System (CBRS). The following points are intended to discourage development of the
CBRS:
Point Hssign ment Criteria
- 10 Application proposes development within units of the coastal barrier resources system
(CBRS).
Additional requirements:
]. The term "~coastal barrier resources system (CBRS)" is defined in Section 9.02.040
and the applicable areas are shown on the most recent FEMA flood insurance rate
Inap.
10. Conservation Land Protection Areas. The following points are intended to discourage development, which impacts
conservation land protection areas:
I Point 3lssignment
-2
Criteria
An application, which proposes a developlnent located within a conservation land
protection area as defined in Section 9.02.040.
] 1. Historic Resources. The following points are intended to encourage protection of historic and archaeological re-
sources:
Point assi2nment Criteria
.. 10 An application which proposes an undertaking adversely impacting, removing, or
destroying historic resources.
+10 An application which proposes an undertaking preserving, rehabilitating, restoring, or
reconstructing historic resources.
333
9.24.110
Point assignment Criteria
Additional requirements:
The Secretary of the Interior's Standards for the Treatment of Historic Properties
shall be used in making the detenninations, and the Historic Preservation
COlnmission shalllnake the determination.
12. Highway Access. The following points are intended to encourage connections between comlnercial uses and reduc-
tion of the need for trips and access onto U.S. Highway 1:
Point assi~nment Criteria
+5 The develoPlnent's parking lot is connected to an adjacent nonresidential parking lot~ or
the applicant records a driveway easement in favor of the public to connect the
applicant's parking lot to an adjacent, nonresidential parking lot~ or the developlnent
does not propose an additional driveway onto U.S. Highway I.
Additional Requirements:
Properties with no access to U.S. Highway 1 are only eligible to receive these points
if direct access is to a state road or county collector road as designated in the
cOlnprehensive plan.
] 3. Landscaping and Water Conservation. The following points are intended to encourage the planting of native
vegetation and promote water conservation:
Point assignment Criteria
+3 The project provides a total of twice the number of native landscape plants on its
property than the number of native landscape plants required by this title within
landscaped bufferyards and parking areas.
+1 Twenty-five (25) percent of the native plants provided to achieve the three point award
above or provided to meet the landscaped bufferyard and parking area requirements of
this title are listed as threatened or endangered plants native to the Florida Keys.
+2 Project landscaping is designed for water conservation including use of xeriscape
principles such as vegetation is one hundred (100) percent native plants and rainfall is
collected and directed to landscaped areas, or reused wastewater or treated seawater is
used for watering landscaped plants.
Additional requirements:
Prior to the issuance of a building permit authorized by an allocation award, the
applicant shall:
1. Post a two-year performance bond in accordance with this title to ensure
maintenance of the native plants~ and
2. Shall sign an affidavit acknowledging that he or she is subject to code
enforcement action should the native plants not be maintained.
(Ord. 010-2004 ~ 2~ prior code ~ 9.5-124.8)
9.24.110 Employee housing fair share impact fee.
A. Purpose. All new nonresidential floor area, including commercial/business, institutional, and industrial develop-
ment, creates a direct or indirect requirement for employee housing. The availability and stability of employee housing
stock is essential for the economic health of Monroe County. Therefore all applicants for new or transferred nonresidential
floor area shall be assessed a fee to be used by Monroe County to address employee housing issues.
B. Type of Development Affected.
1. All new nonresidential floor area under Section 9.24.040(A).
334
9.24. I I 0
2. The following development activities exempted under Section 9.24.050 are subject to the elnployee housing fair
share impact fee:
a. Nonresidential developlnent in areas exempted froln residential ROGO (Section 9.24.050(A)(2))~
b. Development activity for certain not-for-profit organizations (Section 9.24.050(A)( 4 ))~
c. Vested rights (Section 9.24.050(A)(5))~
d. De minimis expansion of nonresidential floor area (Section 9 .24.050(A)( 6))~
e. Industrial uses (Section 9.24.050(A)(7))~
f. Transfer and redevelopment off-site of lawfully established nonresidential floor area~ which has not operated cOln-
mercially for three years or more (Section 9.24.050(A)( I 0)).
c. Establishment of Fee Schedule. An applicant for any new nonresidential floor area~ identified in subsection B of
this section, shall pay~ prior to the issuance of a building permit, a fair share employee housing fee as established by the
following slchedule:
Structures for nonresidential uses of one to I ~999 s uare feet
Structures for nonresidential uses of 2~000 to 2~ 999 s uare feet*
Structures for nonresidential uses of 3~000 square feet or greater*
$1.00 er s uare foot
$2.00 er s uare foot
$3.00 per square foot
*
The fee is calculated on the total new or transferred nonresidential floor area su~ject to subsection (B)(2)(f) of this section.
D. Proceeds from the ilnpact fees collected shall be deposited in the elnployee housing fair share impact fee account
and used exclusively to offset the cost of required permitting and connection fees related to the developlnent of new em-
ployee housing~ in accordance with a schedule and procedures recommended by the planning commission and approved by
the board of county commissioners. (Ord. 046-2003 ~ 4~ prior code ~ 9.5-124.9)
335
9.26.010
Chapter 9.26
NONCONFORMITIES
Sections:
9.26.010
9.26.020
9.26.030
9.26.040
9.26.050
9.26.060
9.26.070
Purpose.
Registration.
Nonconforming uses.
Nonconforming structures.
Nonconforming accessory uses and accessory structures.
Nonconforming signs, parking, landscaping, lighting, access, and bufferyards.
Nonconforming live-aboard vessels.
9.26.010 Purpose.
The purpose of this chapter is to regulate and litnit the continued existence of uses and structures established prior to the
enactment of this title that do not conform to the provisions of this title. Many nonconformities may continue., but the provi-
sions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual
elimination in order to preserve the integrity of this title. (Prior code S 9.5-141)
9.26.020 Registration.
All claims of nonconforming uses and structures shall be registered with the development review coordinator in a fonn
provided by the director of planning within one year of the service of individual notice by mail to all landowners of record
of the adoption of the plan and the requirement to register nonconforming uses and structures. Individual notice by tnall
shall be deemed served upon the deposit of duly stamped notice in the U.S. mail addressed to the owner of record according
to the most recent listing of the property appraiser of Monroe County. Failure to register a claim of nonconforming use or
structure within one year after adequate legal notification by the director of planning shall constitute a waiver of the right to
claim nonconforming use status. Evaluation of nonconformity claims shall be on a case-by-case basis by the director of
planning based on the lawful nature of the use or structure when established., subject to appeal as provided in Chapter 9.82.
The board of county commissioners., at their discretion., may direct the director of planning to issue notification by category.
(Prior code S 9.5-142)
9.26.030 Nonconforming uses.
A. Authority to Continue. Nonconforming uses of land or structures may continue in accordance with the provisions of
this section. Notwithstanding any provision of this section or of Title 9 of this code:
I. Leases., subleases., assignments or other occupancy agreements for compensation for less than twenty-eight (28)
days in duration shall be discontinued and shall not be renewed., extended or entered into., in any district that prohibits vaca-
tion rental uses after the effective date of this section unless a vacation rental use was established and obtained all required
state and local permit and licenses prior to September 15., 1986 under previous code provisions expressly allowing vacation
rental uses~ and
2. Leases., subleases., assignments or other occupancy agreements for compensation ofRV spaces for six months or
more within a particular R V park., other than in a designated storage area shall be discontinued and shall not be renewed.
extended or entered into., after the effective date of this section.
B. Ordinary Repair and Maintenance. Normal maintenance and repair to permit continuation of registered noncon-
forming uses may be performed.
C. Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent:
1 . Enlargelnent of nonconforming uses by additions to the structure in which such nonconforming uses are located~ or
2. Occupancy of additional lands.
D. Relocation. A structure in which a nonconfonning use is located may not be moved unless the use thereafter shall
conform to the limitations of the land use district into which it is moved.
E. Change in Use. A nonconforming use shall not be changed to any other use unless the new use conforms to the
provisions of the land use district in which it is located.
336
9.26.040
F. Te:rmination.
I. Abandonlnent or Discontinuance. Where a nonconfonning use of land or structure is discontinued or abandoned for
six consecutive months or one year in the case or stored lobster traps~ then such use may not be reestablished or resumed~
and any subsequent use must conform to the provisions of this title. Leases~ subleases~ assignment or other occupancy
agreement for compensation for less than twenty-eight (28) days in duration shall be discontinued and shall not be renewed~
extended or entered into~ in any district that prohibits vacation rental use after the effective date of this section. Leases~ sub-
leases~ assignments or other occupancy agreelnents for compensation of R V spaces for six Inonths or more within a particu-
lar R V park~ other than in a designated storage area~ shall be discontinued and shall not be renewed~ extended or entered
into~ after the effective date of this section.
2. Damage or Destruction. Except as provided in Section 9.14.030 if a structure in which a nonconforming use is lo-
cated is dannaged or destroyed so as to require substantial improvement~ then the structure may be repaired or restored only
for uses which conform to the provisions of the land use district in which it is located. Fair market value shall be determined
by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent appraiser. The
extent of damage or destruction shall be determined by the building official~ in consultation with the director ofplanning~ by
cOlnparing the estimated cost of repairs or restoration with the fair market value.
3. Damage and Destruction in Commercial Fishing Districts (CF A~ CFV and CFSD). Nonconforming uses existing as
of September 15~ 1986~ Inay be rebuilt even if one hundred (100) percent destroyed~ provided that they are rebuilt to preex-
isting use~ building footprint and configuration without increase in density or intensity of use. (Prior code ~ 9.5-143)
9.26.040 Nonconforming structures.
A. Authority to Continue. A nonconforming structure devoted to a use permitted in the land use district in which it is
located may be continued in accordance with the provisions of this section.
B. Ordinary Repair and Maintenance. Normal maintenance and repair of registered nonconforming structures may be
performed.
C. EnJlargements and Extensions. Nonconforming structures which are used in a manner conforming to the provisions
of this title may be enlarged or extended provided that the nonconformity is not further violated.
D. Rellocation. A nonconforming structure~ other than a historic structure previously listed on the National Register of
Historic Places or the Florida Inventory of Historic Places~ or designated as historic by the board of county commissioners~
shall not be lTIoved unless it thereafter shall confonn to the regulations of the land use district in which it is located.
E. TenninatioIl.
1. Abandonlnent. Where a nonconforming structure is abandoned for twelve (12) consecutive Inonths~ then such struc-
ture shall b~~ removed or converted to a conforming structure.
2. Dalnage or Destruction.
a. Any part ofa nonconforming structure which is damaged or destroyed to the extent of less than fifty (50) percent of
the fair market value of such structure may be restored as of right if a building permit for reconstruction shall be issued
within six ITlonths of the date of the damage.
b. Ex(:ept as provided in Section 9.68.050~ Chapter 9.44~ in regard to mobilehomes~ and Section 9.38.070~ any non-
conforming structure which is damaged or destroyed so as to require substantial improvement Inay be repaired or restored
only if the structure conforms to the provisions of the land use district in which it is located. Fair market value shall be de-
tennined by reference to the official tax assessment rolls for that year or by an appraisal by a qualified independent ap-
praiser. The extent of damage or destruction shall be determined by the building official~ in consultation with the director of
planning~ by cOlnparing the estilnated cost of repairs or restoration with the fair market value. (Prior code ~ 9.5-144)
9.26.050 Nonconforming accessory uses and accessory structures.
No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have ter-
minated unless such structure or use thereafter shall conform to the provisions of the land use district in which it is located.
(Prior code ~~ 9.5-145)
9.26.060 Nonconforming signs, parking, landscaping, lighting, access, and bufferyards.
In no event later than three years from the effective date of this title~ nonconforming signs and all uses that are noncon-
forming due to failure to comply with the standards of Chapters 9.50 through 9.58~ shall bring their properties into compli-
337
9.26.070
ance with these provisions whenever substantial improvements or change of use are proposed or~ if such is physically im-
possible due to site size~ the physical layout of structure on and adjoining the site~ into compliance to the maximum extent
practical. (Prior code S 9.5-146)
9.26.070 Nonconforming live-aboard vessels.
Notwithstanding any other provision of this title~ live-aboard vessels in use on the effective date of this title shall comply
with each and every requirelnent of this title on or before one year after the effective date of this title. (Prior code S 9.5-147)
338
9.28.010
Chapter 9.28
BENEFICIAL USE DETERMINATIONS
Sections:
9.28.010
9.28.020
9.28.030
9.28.040
9.28.050
Purpose.
Generally.
Procedures, standards and criteria for relief.
Relief under beneficial use.
Final determination by BOCC.
9.28.010 Purpose.
It is the purpose and intention of the board of county commissioners to ensure that each and every landowner has a bene-
ficial use of his or her property in accordance with the requirements of the Fifth and Fourteenth Amendments to the United
States Constitution and to provide a procedure whereby landowners who believe they are deprived of all beneficial use may
secure relief through an efficient nonjudicial procedure. (Prior code ~ 9.5-] 6 I)
9.28.020 Generally.
An applicant for a beneficial use determination will be afforded a quasi-judiciat evidentiary hearing, in front ofa special
master who willlnake a proposed determination and a statement of remedial action (ifnecessary). The proposed detennina-
tion will be forwarded to the board of county comlnissioners for final approval. Interested persons will be afforded the op-
portunity to appear and introduce evidence and make arguments for or against the determination during the evidentiary
hearing bet()re the special master. (Prior code 9 9.5- I 71)
9.28.030 Procedures, standards and criteria for relief.
In making the proposed determination the special master will consider, in addition to those guidelines in the Year 20] 0
Comprehensive Plan, the following:
A. Whether the comprehensive plan or land development regulations in effect at the tilne of the filing of the beneficial
use application substantially advances a legitimate government interest; and
B. Whether the comprehensive plan or land developlnent regulations in effect at the tilne of the filing of the beneficial
use application denies all reasonable economic use of the property.
C. Relevant Parcel. If an applicant owns more than one platted lot, a question may exist as to whether more than one
of applicant's platted lots should be considered as one parcel for the beneficial use determination. In determining the rele-
vant parcel, the special master should focus on the parcel as a whole and not on particular segments or portions of the par-
cel. The special master shall consider three factors to determine whether individual platted lots should be combined and
considered as one parcel for the purpose of the beneficial use determination:
1. The~ physical continuity of the lots or parcels;
2. The~ unity of ownership of the lots or parcels (i.e., does the applicant own all of the lots or parcels in question); and
3. The: unity of use between the lots or parcels, i.e., platted urban lots should generally be considered as separate uses,
but can be combined for purposes of a beneficial use determination if the lots are part of a larger parcel. For platted lots, this
detennination should be based on an analysis of the following factors established by the Florida Supreme Court, which must
be applied to the particular facts and circumstances on a case-by-case basis:
a. Was it the intent of the landowner to use the lot as a single use?
b. What is the adaptability of the property to be used as a single or separate use versus a combined use?
c. Whether the lots are dependent on each other for the ability to have a single use?
d. Whether unity of the lots is the highest, best use of the parcel?
e. What is the current zoning of each tract?
f. What is the physical size and appearance of the land and what uses exist on surrounding land (for example, what
types of structures presently exist on the lot(s) and surrounding parcels)?
g. What is the actual use of the land? and
h. What is the possibility of the lots being combined in use in the reasonably near future?
339
9.28.040
D. Once the relevant parcel is determined~ the special master must analyze:
l. The economic ilnpact of the regulation on the applicant: and
2. The extent to which the regulation has interfered with the applicanfs investlnent-backed expectations~ including
any relevant factors such as:
a. The history of the property (i.e.~ When was it purchased?~ How much land was purchased?, Where was the land
located?~ What was the nature oftitle?~ What was the composition of the land and how was it initially used?)~
b. The history of the developlnent of the property (i.e.~ What was built on the property and by whom?, How was it
subdivided and to whom and at what price was it sold?, What plats were filed?, What infrastructure is in place?)~
c. The history of zoning and regulation (i.e., How and when was the land classified?, How was the use proscribed?,
What changes in classifications occurred?),
d. How developlnent changed when title was passed?
e. What is the present nature and extent of the property?
f What were the reasonable expectations of the landowner under state comlnon law?
g. What were the reasonable expectations of the neighboring landowners under state common law?
h. What was the diminution in the investment-backed expectations of the landowner, ifany, after passage of the regu-
lation? and
i. What was the appraised fair market value immediately before and imlnediately after the effective date of the regula-
tion? (Prior code S 9.5-] 72)
9.28.040 Relief under beneficial use.
In order to establish that the applicant is entitled to relief~ an applicant for a beneficial use must demonstrate that the
comprehensive plan and land development regulations in effect at the time of the filing of the beneficial use application de-
prive the applicant of all reasonable economic use of the property. The remedies available to an applicant for beneficial use
will include issuance of a pennit or just compensation by purchase of all or some of the lots or parcels or purchase of the
development rights (leaving the lot in private ownership) at the fair market value immediately prior to the comprehensive
plan or land development regulations in effect at the time of the filing of the beneficial use application.
A. Just compensation shall be the preferred option if:
l. Beneficial use has been deprived by operation of environmental policies or objectives contained in the comprehen-
sive plan and land developlnent regulations in effect at the titne of the filing of the beneficial use application or Chapter 9.48
of this title: or
2. A strict, literal application or enforcement of the comprehensive plan or land development regulations in effect at
the time offiling of the beneficial use application prevents all reasonable economic use, but is required to protect the public
health, we I fare or safety.
B. If just compensation is not preferred~ the detennination Inay allow for additional use(s) or density beyond that al-
lowed by a strict, literal application of the comprehensive plan and land development regulations in effect at the time of
filing of the beneficial use application on this particular property (i.e., some additional, reasonable economic use) which
may include the granting of an:
1 . Exemption~
2. Permit for development despite the offending regulation (an order shall state which offending regulation(s) are in-
applicable or waived and such a permit shall be subject to normal construction deadlines and expiration dates under Title 6
of the Monroe County Code):
3. Transferable development rights (TORs):
4. Any combination of the above: or
5. Any other relief the county determines appropriate and adequate to prevent a taking, i.e., which will allow for rea-
sonable economic use of the subject property or just compensation under the goals, objectives and policies of the COlnpre-
hensive plan and land development regulations in effect at the time of the filing of the beneficial use application. (Prior code
S 9.5- 1 73)
9.28.050 Final determination by BOCC.
The board of county comlnissioners is the only entity which has final authority to grant or deny vested rights or benefi-
cial uses subject to appeal by DCA under Chapter 380. In approving, denying or modifying an order from a special master
340
9.28.050
granting or denying an applicant vested rights or beneficial use, the board of county comlnissioners will ensure that the spe-
cial master has conducted the evidentiary hearing in a manner that is consistent with this chapter and the Year 20 10 COln-
prehensive Plan. The board of county commissioners will approve or reject the speciallnaster's detennination during a pub-
lic hearing. The public shall be given the opportunity to be heard and Inake arguments for or against the detennination dur-
ing the board's public hearing. (Prior code S 9.5-] 74)
34]
9.30.010
Chapter 9.30
VESTED RIGHTS DETERMINATIONS
Sections:
9.30.010
9.30.020
9.30.030
9.30.040
9.30.050
Purpose.
Application limitation.
Procedure for vested rights determinations.
Standards and criteria for vested rights.
Limitations on vested rights determinations.
9.30.010 Purpose.
Notwithstanding any other provision of this title, an application for a conditional use permit may be approved ifan appli-
cant has demonstrated development expectations which are vested under the standards of Section 9.30.040. (Prior code
~ 9.5-181(a))
9.30.020 Application limitation.
An application for a determination of vested rights shall be filed within one year of the effective date of this title or the
alleged vested right shall be deemed abandoned. (Prior code ~ 9 .5-181 (b))
9.30.030 Procedure for vested rights determinations.
An applicant for vested rights detennination will be afforded a quasi-judicial, evidentiary hearing in front of a special
Inaster who will make a proposed determination and a statement of what right(s) is (are) vested. Interested persons will be
afforded the opportunity to appear and introduce evidence and argument for or against the detennination during the eviden-
tiary hearing. The special master's proposed determination will be forwarded to the board of county cOlnmissioners for final
approval. (Prior code S 9.5-182)
9.30.040 Standards and criteria for vested rights.
In making the proposed determination, the special master will consider, in furtherance of the guidelines contained in Pol-
icy 10 I. 18 of the Year 20 10 COlnprehensive Plan, the following criteria:
A. The vested rights determination shall be limited to rights acquired prior to adoption of the comprehensive plan or
land development regulations in effect at the time offiling of the vested rights application and shall vest only that develop-
ment specifically and expressly contemplated by the valid, unexpired official act of the county.
B. The applicant shall have the burden of proof to demonstrate that:
1 . There is a valid, unexpired official act (as enumerated be low in subsection (B)( 1 )( a), (b), (c) or (d) of this section of
the county approving the proposed development that occurred prior to the effective date of the comprehensive plan or land
development regulations in effect at the time of filing of the vested rights application, i.e., January 4, 1996. To be a valid
act the act must have been in compliance with the land development regulations that existed at the time of approval, and the
approvallnust have been issued by an official or commission properly delegated with the authority to issue the approval.
Anyone of the following may constitute an official act of the county for purposes of the vested rights determination:
a. A valid, unexpired building permit issued prior to the effective date of the cOlnprehensive plan or land development
regulations in effect at the time of filing of the vested rights application, i.e., January 4, 1996,
b. One or more valid, unexpired pennits or approvals issued by the county, except that mere approval of a land use
designation, map amendment zoning designation or rezoning is insufficient to establish vested rights without additional
permits or approvals for a specific development project, (i.e., mere zoning cannot be considered an official act that can foml
the basis of a vested rights determination),
c. A subdivision plat recorded in the official records of the county, which fulfills the criteria set forth in F.S.
S 380.05( 18), may be an official act except that individual lots within the subdivision must also delnonstrate that this appli-
cant acquired a vested right to build on the individual lot by obtaining additional govemlnental approvals or official acts
concerning developlnent on the individual lot prior to adoption of the comprehensive plan and land developlnent regulations
342
9.30.050
in effect at the time of the filing of the vested rights application, and an applicant must still demonstrate compliance with
subsections (B)(2), (3) and (4) of this section with respect to developtnent on each individual lot or
d. A valid, unexpired vested rights determination approved pursuant to the 1986 cotnprehensive plan and land devel-
oplnent regulations, Sections 9.30.0 I 0 through 9.30.050~
2. This individual, particular applicant:
a. Relied upon the official act in good faith~ (for example, the applicant must not have had notice or knowledge of an
imminent or pending change in zoning, allowable uses or density, etc. A change is imminent or pending if notice of the
change was published or there are active and documented efforts to develop and approve the proposed change at the titne
the property was purchased or expenses were incurred), and
b. Had a reliance that was reasonable~ (for example, an act of purchasing the property, entering into contracts or incur-
ring additional obligations done after the 20 I 0 Comprehensive Plan was pending or became effective does not constitute
reasonable reliance)~ and
3. Th'is applicant incurred such substantial obligations and expenditures that it would be highly inequitable or unjust to
require that the developtnent conform with the comprehensive plan and land development regulations in effect at the tilne of
the filing of the vested rights application. To tneet this requirement the applicant must delnonstrate that:
a. Application of the cOlnprehensive plan and land development regulations in effect at the time of the filing of the
vested rights application would prevent or prohibit the applicant from completing the proposed developlnent. For exalnple.,
if the applicant could still complete the proposed development under the comprehensive plan and land development regula-
tions in effect at the time of the filing of the vested rights application without undue hardship by making mere modifications
to the development plan, the applicant cannot demonstrate a vested right and must make the modifications required by the
cOlnprehensive plan and land development regulations in effect at the time of the filing of the vested rights application., and
b. Substantial changes of position or expenditures incurred prior to the official act upon which the vested rights claim
is based are undertaken at the applicant's own risk and will not be considered in making a vested rights determination~ and
4. Development of this project has commenced and has continued in good faith without substantial interruption. (Prior
code ~ 9.5- :l83)
9.30.050 Limitations on vested rights determinations.
A. In furtherance of those guidelines listed in Policy 101.18 of the Year 2010 Comprehensive Plan, a vested rights
detennination shall also contain the following:
I. Verification that the applicant has met the burden of proof for the items listed in Section 9.30.040~
2. A clear statement of what part of the applicant's development is vested (e.g., density, setbacks, open space re-
quirements )~
3. A clear statement of which comprehensive plan goals, policies and/or objectives and which land development regu-
lations in effect at the time of the filing of the application, the applicant is vested from~
4. A clear statement to the applicant that construction must continue in good faith and meet all construction deadlines
contained in Title 6 of the Monroe County Code or the vested rights detennination will expire and any and all rights ac-
quired under the determination will be forfeited~ and
5. Notwithstanding Title 6 of the Monroe County Code, a vested rights final order will expire in five years with no
possibility of extension.
B. The~ vested rights determination shall be limited to rights acquired prior to adoption of the comprehensive plan and
land development regulations in effect at the time of the filing of the vested rights application, but after adoption of the 1986
cOlnprehensive plan (unless a prior valid and unexpired vested rights determination was obtained under the 1986 Compre-
hensive Plan or this chapter). The vested rights determination shall vest only that development specifically and expressly
contemplated by a valid, unexpired official act of Monroe County. (Prior code ~ 9.5-184)
343
9.32.010
Sections:
9.32.010
9.32.020
9.32.030
9.32.040
9.32.050
9.32.060
9.32.070
9.32.080
9.32.090
9.32.100
9.32.110
9.32.120
9.32.130
9.32.140
9.32.150
9.32.160
9.32.170
9.32.180
9.32.190
9.32.200
9.32.210
9.32.220
9.32.230
9.32.240
9.32.250
9.32.260
9.32.270
Chapter 9.32
LAND USE DISTRICTS
General purpose.
Land use districts established.
Purpose of the urban commercial district (UC).
Purpose of the urban residential district (UR).
Purpose of the urban residential mobilehome district (URM).
Purpose of the urban residential mobilehome-limited district (URML-L).
Purpose of the sub urban commercial district (SC).
Purpose of the sub urban residential district (SR).
Purpose of the sub urban residential district (limited) (SRL).
Purpose of the sparsely settled residential district (SS).
Purpose of the native area district (NA).
Purpose of the mainland native district (MN).
Purpose of the offshore island district (OS).
Purpose of the improved subdivision district (IS).
Purpose of the destination resort district (DR).
Purpose of the recreational vehicle district (RV).
Purpose of the commercial fishing area district (CF A).
Purpose of the commercial fishing village district (CFV).
Purpose of the commercial fishing special district (CFS).
Purpose of the mixed use district (M U).
Purpose of the industrial district (I).
Purpose of the maritime industries district (MI).
Purpose of the military facilities district (MF).
Purpose of the airport district (AD).
Purpose of the park and refuge district (PR).
Purpose of the conservation district (CD).
Land use district map.
9.32.010 General purpose.
In order to ensure that all developlnent is consistent with the objectives and policies of this title~ it is necessary and
proper to establish a series of land use districts to ensure that each permitted use is consistent with the environmental sensi-
tivity of natural resources~ is served by adequate public facilities~ and is compatible with surrounding land uses. Each dis-
trict establishes use and bulk regulations that control the use of land in each district consistent with this title. All develop-
ment within each land use district shall be consistent with the purposes stated for that land use district in this chapter. (Prior
code ~ 9.5-20 I )
9.32.020 Land use districts established.
In order to carry out and implement the goals and objectives of the plan~ the following land use districts are established:
UC Urban cOlnmercial district
UR Urban residential district
URM Urban residential mobilehome district
URML-L Urban residential mobileholne-lilnited district
SC Sub urban commercial district
SR Sub urban residential district
SRL Sub urban residential district limited
344
9.32.030
SS Sparsely settled residential district
NA Native area district
MN Mainland native area
OS Offshore island district
IS Improved subdivision district
DR Destination resort district
RV Recreational vehicle district
CFA Commercial fishing area district
CFV Comlnercial fishing village district
CFS Comlnercial fishing special districts
MU Mixed use district
I Industrial district
MI Maritilne industries district
MF Military facilities district
AD Airport district
PR Park and refuge district
CD Conservation district
(Prior code ~ 9.5-202)
9.32.030 Purpose of the urban commercial district (UC).
The purpose of the UC district is to designate appropriate areas for high-intensity commercial uses intended to serve re-
tail sales and service, professional services and resort activities needs at a regional or multiple planning area scale. This dis-
trict should be established at discrete nodes along U.S. 1 and should be designed so as to serve the needs of both residents
and visitors. (Prior code ~ 9.5-203)
9.32.040 Purpose of the urban residential district (UR).
The purpose of the UR district is to provide areas appropriate for high-density residential uses designed and intended for
occupancy by persons gainfully employed in the Florida Keys and to create areas to provide for vacation rental use of de-
tached dwellings, duplexes, and multifamily dwellings. This district should be established at or near employment centers.
(Prior code ~ 9.5-204)
9.32.050 Purpose of the urban residential mobilehome district (URM).
The purpose of the URM district is to recognize the existence of established mobilehome parks and subdivisions, but not
to create ne\v such areas, and to provide for such areas to serve as a reservoir of affordable and moderate-cost housing in
Monroe County. (Prior code ~ 9.5-205)
9.32.060 Purpose of the urban residential mobilehome-limited district (URML-L).
The purpose of the URML- L district is to recognize the existence of parks and subdivisions which consist exclusively, or
ahnost exclusively, of In obi Ie homes, but not to create new such areas, in order to permit property owners in such areas to
replace or establish mobilehomes below base flood elevation as authorized by certified federal regulations. (Prior code
~ 9.5-205.1)
9.32.070 Purpose of the sub urban commercial district (SC).
The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the
needs of the immediate planning area in which they are located. This district should be established at locations convenient
and accessible to residential areas without use of U.S. 1. (Prior code ~ 9.5-206)
345
9.32.080
9.32.080 Purpose of the sub urban residential district (SR).
The purpose of the SR district is to establish areas of low- to Inedium-density residential uses characterized principally
by single-falnily detached dwellings. This district is predolninaled by development however, natural and developed open
space create an environlnent defined by plants, spaces and ovei -water views. (Prior code ~ 9.5-207)
9.32.090 Purpose of the sub urban residential district (limited) (SRL).
The purpose of the SRL district is to establish areas of exclusive low- to lTIediuln-density residential uses. (Prior code
~ 9.5-208)
9.32.100 Purpose of the sparsely settled residential district (SS).
The purpose of the SS district is to establish areas of low-density residential developlnent where the predominant charac-
ter is native or open space lands. (Prior code ~ 9.5-209)
9.32.110 Purpose of the native area district (NA).
The purpose of the NA district is to establish areas that are undisturbed with the exception of existing solid waste facili-
ties, and because of their sensitive environmental character should be preserved in their natural state. (Prior code ~ 9.5-210)
9.32.120 Purpose of the mainland native district (MN).
The purpose of the MN district is to protect the undeveloped and environlnentally sensitive character of lands within
Monroe County that are located on the Inainland of the Florida peninsula. (Prior code ~ 9.5-211)
9.32.130 Purpose of the offshore island district (OS).
The purpose of the OS district is to establish areas that are not connected to U.S. I as protected areas, while permitting
low-intensity residential uses and campground spaces in upland areas that can be served by cisterns, generators and other
self-contained facilities. (Prior code ~ 9.5-212)
9.32.140 Purpose of the improved subdivision district (IS).
The purpose of the IS district is to accommodate the legally vested residential development rights of the owners of lots in
subdivisions that were lawfully established and improved prior to the adoption of this title. For the purpose of this section,
improved lots are those which are served by a dedicated and accepted existing road of porous or nonporous material, that
have a Florida Keys aqueduct authority approved potable water supply, and that have sufficient uplands to accommodate the
proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of
this classification within the county. (Prior code ~ 9.5-213)
9.32.150 Purpose of the destination resort district (DR).
The purpose of the DR district is to establish areas suitable for the development of planned tourist centers providing on-
site residential, recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors and tourists
for tenancies of three or lllore days. Destination resorts are contemplated to contain: (1) single-family homes as of right, or
(2) one or lTIOre resort hotels as the principal use, to utilize the water-related natural resources of the Keys, and to be located
on sites of at least ten (10) gross acres where the location and character of the site and the development itself and amenities
are such that off-site impacts will be reduced. (Prior code ~ 9.5-214)
9.32.160 Purpose of the recreational vehicle district (RV).
The purpose of the RV district is to establish areas suitable for the development of destination resorts for recreational
vehicles. This district contemplates developments that provide on-site recreational, commercial and resort facilities. (Prior
code S 9.5-215)
9.32.170 Purpose of the commercial fishing area district (CF A).
The purpose of the CF A district is to establish areas suitable for uses which are essential to the commercial fishing indus-
try, including sales and service of fishing equipment and supplies, seafood processing, fishing equipment manufacture and
treatment, boat storage and residential uses. (Prior code S 9.5-216)
346
9.32.180
9.32.180 Purpose of the commercial fishing village district (CFV).
The purpose of the CFV district is to establish areas where lilnited commercial fishing activities, including the mooring
of boats, the nonlnechanized off-loading of catches, the storage of a limited number of traps, and residential uses, can be
integrated. (Prior code S 9.5-217)
9.32.190 Purpose of the commercial fishing special district (CFS).
The purpose of the CFS districts is to establish areas where various aspects of commercial fishing have been traditionally
carried out 'while prohibiting the establishment of additional cOlnmercial fishing uses which are inconsistent with the natural
environment, immediate vicinity or community character of the area. (Prior code S 9.5-218)
9.32.200 Purpose of the mixed use district (MU).
The purpose of the MU district is to establish or conserve areas of mixed uses, including comlnercial fishing, resorts,
residential, institutional and commercial uses, and preserve these as areas representative of the character, economy and cul-
tural history of the Florida Keys. (Prior code S 9.5-219)
9.32.210 Purpose of the industrial district (I).
The purpose of the I district is to establish areas that are suitable for the development of industrial and manufacturing
uses, warehousing and distribution uses. (Prior code S 9.5-220)
9.32.220 Purpose of the maritime industries district (MI).
The purpose of the MI district is to establish and conserve areas suitable for maritime uses such as ship building, ship
repair and other water dependent manufacturing and service uses. (Prior code S 9.5-221)
9.32.230 Purpose of the military facilities district (MF).
The purpose of the MF district is to establish areas for military facilities and installations and to ensure to the maximum
extent allo\ved by federal law that all development activity within such areas is consistent with the Monroe County compre-
hensive plan. (Prior code S 9.5-222)
9.32.240 Purpose of the airport district (AD).
The purpose of the AD district is to prohibit the development of residential, educational or other uses which are charac-
terized by the regular presence of large numbers of people within the hazard areas of civil and Inilitary airports. (Prior code
S 9.5-223)
9.32.250 Purpose of the park and refuge district (PR).
The purp'ose of the PR district is to establish and protect areas as parks, recreational areas and wildlife refuges. (Prior
code ~ 9.5-224)
9.32.260 Purpose of the conservation district (CD).
The purpose of the conservation district is to provide an area acquired for conservation purposes or subject to deed re-
strictions lirniting the use of the property for conservation purposes. (Prior code S 9.5-225)
9.32.270 Land use district map.
A. Authority. The board of county commissioners, upon the recommendation of the planning commission, shall adopt
an official land use district map which shall set out and delineate the land use districts established in Section 9.32.020 to all
land in unint;;orporated Monroe County.
B. Eft(~ct. The official land use district map is designated, established and incorporated as a part of this title~ and the
originals thereof, which are on file at the offices of the department of planning, shall be as much a part of this title as if the
information contained therein were set out in full in this title.
347
9.32.270
C. Review and Amendlnent. The official land use district Inap shall be reviewed and amended to be consistent with the
comprehensive plan as provided in V olulne II, Section X.C.7 of the plan. The official land use district map may subse-
quently be alnended from tilne to time as provided in Chapter 9.84 of this title.
348
Sections:
9.34.010
9.34.020
9.34.030
9.34.040
9.34.050
9.34.060
9.34.070
9.34.080
9.34.090
9.34.100
9.34.11 (]I
9.34.12(]1
9.34.1301
9.34.1401
9.34.150
9.34.160
9.34.170
9.34.180
9.34.190
9.34.200
9.34.210
9.34.220
9.34.230
9.34.240
9.34.250
9.34.260
9.34.270
9.34.280
9.34.290
9.34.300
9.34.310
9.34.320
9.34.330
9.34.340
9.34.350
9.34.0 I 0
Chapter 9.34
PERMITTED VSES
General.
Urban commercial district (VC).
Urban residential district (V R).
Urban residential mobilehome district (VRM).
Sub urban commercial district (SC).
Vrban mobilehome-Iimited district (URM-L).
Sub urban residential district (SR).
Sub urban residential district (limited) (SR-L).
Sparsely settled residential district (SS).
Native area district (NA).
Mainland native area district (MN).
Offshore island district (OS).
Improved subdivision district (IS).
Improved subdivision district-Vacation rental district.
Destination resort district (DR).
Recreational vehicle district (RV).
Commercial fishing area district (CF A).
Commercial fishing village district (CFV).
Commercial fishing special district (CFSD).
Mixed use district (MV).
Industrial district (I).
Maritime industries district (MI).
Military facilities district (MF).
Airport district (AD).
Park and refuge district (PR).
Conservation district (CD).
Commercial fishing residential.
Aggregation of development.
Agricultural/aquacultural use overlay (A).
Educational use overlay (E).
Institutional use overlay (INS).
Public facilities use overlay (PF).
Public buildings/grounds use overlay (PB).
Coastal barrier resources system overlay district.
AICVZ overlay.
9.34.010 General.
A. No structure or land in Monroe County shall hereafter be developed, used or occupied unless expressly authorized
in a land us(~ district in this chapter.
B. Notwithstanding any provision of this chapter, all development listed as permitted as of right within a mapped land
use district \vith an area of one acre or less, other than a commercial fishing district, shall be considered as a minor condi-
tional use.
C. All developlnent in any areas of particular concern, including those generally designated, must comply with appli-
cable management policies established in Volume II, pages 190-220.
D. Accessory uses as permitted within each land use district shall be consistent with the defmition of accessory uses as
set forth in Section 9.02.040. (Prior code ~ 9.5-231)
349
9.34.020
9.34.020 Urban commercial district (Ve).
A. The following uses are pennitted as of right in the urban comlnercial district:
1. Comlnercial retail of low- and medium- intensity and office uses or any combination thereof of less than five thou-
sand (5~000) square feet of floor area~
2. Commercial retail uses of high intensity of less than two thousand five hundred (2~500) square feet of floor area~
3. Institutional residential uses involving less than twenty (20) dwelling units or roolns;
4. Comlnercial apartments involving less than six dwelling units~
5. COlnmercial recreational uses limited to:
a. Bowling alleys~
b. Tennis and racquet ball courts~
c. Miniature golf and driving ranges~
d. Theaters~
e. Health clubs~
f. Swilnming pools;
6. Institutional uses;
7. Public buildings and uses;
8. Accessory uses~
9. Vacation rental use of nonconforming detached and attached dwelling units if a special vacation rental permit is
obtained under the regulations established in Chapter 5.76;
10. Collocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C);
11. Attached wireless comlnunications facilities~ as accessory uses., pursuant to Section 9.64.050(0);
12. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B);
13. Stealth wireless cOlnmunications facilities~ as accessory uses., pursuant to Section 9.64.050(E);
14. Satellite earth stations., as accessory uses., pursuant to Section 9.64.050(F).
B. The following uses are permitted as minor conditional uses in the urban comlnercial district., subject to the stan-
dards and procedures set forth in Chapter 9. 14:
1. Commercial retail of low- and mediuln-intensity and office uses or any combination thereof of greater than five
thousand (5.,000) but less than twenty thousand (20.,000) square feet of floor area., provided that access to U.S. I is by way
of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet;
2. COlnmercial retail uses of high intensity of greater than two thousand five hundred (2.,500) but less than ten thou-
sand (I O~OOO) square feet of floor area~ providing that access to U.S. I is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet
3. Institutional residential uses involving twenty (20) or more dwelling units or rooms., provided that:
a. The use is compatible with land use established in the immediate vicinity of the parcel proposed for development~
b. Access to U.S. I is by way of:
1. An existing curb cut~
11. A signalized intersection~ or
Ill. A curb cut that is separated froln any other curb cut on the same side of U.S. I by at least four hundred (400) feet;
4. Comlnercial apartments involving six to eighteen dwelling units~ provided that:
a. The hours of operation of the commercial uses are cOlnpatible with residential uses., and
b. Access to U.S. I is by way of:
1. An existing curb cut~
11. A signalized intersection~ or
Ill. A curb cut that is separated from any other curb cut on the same side ofU .S. 1 by at least four hundred (400) feet~
c. Tourist housing uses~ including vacation rental use~ of comlnercial apartments is prohibited;
350
9.34.020
5. Hotels of fewer than fifty (50) rooms~ provided that:
a. The use is compatible with established land uses in the imlnediate vicinity~
b. One or lTIOre of the following amenities are available to guests:
1. S~limming pools~
1l.Marina~ or
111. Tennis courts~
c. Access to U.S. I is by way of:
1. An existing curb cut,
11. A signalized intersection~ or
111. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet
6. Parks and cOlnmunity parks.
C. The following uses are permitted as major conditional uses in the urban commercial district~ subject to the stan-
dards and procedures set forth in Chapter 9.14:
I. COlnmercial retail of medium- and low-intensity and office uses~ or any combination thereof~ of greater than twenty
thousand (20~000) square feet in floor area~ provided that access to U.S. 1 is by way of:
a. An existing curb cut,
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet;
2. Commercial retail uses of high intensity of greater than ten thousand (1 O~OOO) square feet in floor area~ provided
that access to U.S. I is by way of:
a. An existing curb cut~
b. A signalized intersection, or
c. A c:urb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet;
3. Hotels providing fifty (50) or more rooms~ provided that:
a. Thl~ hotel has restaurant facilities on or adjacent to the premises~ and
b. Access to lJ .S. 1 is by way of:
1. An existing curb cut~
11. A s ignalized intersection~ or
111. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
4. Marinas~ provided that:
a. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low
tide~
b.
The sale of goods and services is limited to fuel~ food~ boating~ diving and sport fishing products~
All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height~
c.
and
d. Any commercial fishing activities are limited to the landing of catch~ mooring and docking of boats and storage of
traps and other fishing equipment;
5. Amlusement or sea life parks and drive-in theaters~ provided that:
a. Th~~ parce I of land has an area of at least two acres~
b. Th~~ parcel is separated from any residential district or established residential use by at least a class E buffer~ and
c. Ac(~ess to U.S. 1 is by way of:
1. An existing curb cut~
11. A signalized intersection~ or
111. A curb cut that is separated from any other curb cut on the same side ofU .S. 1 by at least four hundred (400) feet;
6. Heliports or seaplane ports~ provided that:
a. ThE~ heliport is associated with a governmental services facility~ a law enforcement element or a medical services
facility ~
b. The: heliport or seaplane port is a Federal Aviation Administration certified landing facility~
c. The' landing and departure approaches do not pass over established residential uses or known bird rookeries~
d. If there are established uses within five hundred (500) feet of the parcel proposed for developlnent~ the hours of
operation shall be limited to daylight, and
351
9.34.030
e. The use is fenced or otherwise secured from any entry by unauthorized persons;
7. New antenna-supporting structures~ pursuant to Section 9.64.050(A)~
8. Land use overlays A~ E~ PF~ subject to provisions of Sections 9.34.290~ 9.34.300 and 9.34.320. (Prior code ~ 9.5-
232)
9.34.030 Urban residential district (UR).
A. The following uses are permitted as of right in the urban residential district:
1. Detached residential dwellings~
2. Public buildings and uses~
3. HOlne occupations-special use pennit required~
4. Accessory uses ~
5. Vacation rental use if a special vacation rental permit is obtained under the regulations established in Chapter 9.76~
6. Attached wireless communications facilities~ as accessory uses~ pursuant to Section 9.64.050(D)~
7. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C)~
8. Satellite earth stations less than two meters in diameter~ as accessory uses~ pursuant to Section 9.64.050(F)~
9. Wastewater nutrient reduction cluster systelns that serve less than ten (10) residences.
B. The following uses are permitted as lninor conditional uses in the urban residential district~ subject to the standards
and procedures set forth in Chapter 9.14:
1. Attached residential dwelling units~ provided that:
a. Sufficient common areas for recreation are provided to serve the number of dwelling units proposed to be devel-
oped~
b. All entryways are designed and lighted to allow safe and secure access to all structures from walks and parking
areas~ and
c. Access to U.S. I is by way of:
I. An existing curb cut~
11. A signalized intersection~ or
111. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet:
2. Institutional and institutional-residential uses~ provided that access to U.S. 1 is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side ofU .S. 1 by at least four hundred (400) feet~
3. Parks and community parks~
4. Replacement of an existing antenna-supporting structure pursuant to Section 9 .64.050(B)~
5. Stealth wireless communications facilities~ as accessory uses~ pursuant to Section 9.64.050(E)~
6. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the urban residential district~ subject to the standards
and procedures set forth in Chapter 9.14:
I . Marinas, provided that:
a. The parcel provided for development has access to water at least four feet below mean sea level at mean low tide~
b. The sale of goods and services is limited to fuet food~ boating, diving and sport fishing products~
c. All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height~
and
d.
2.
a.
b.
Vessels docked or stored shall not be used for live-aboard purposes~
Time-share estates, including uses accessory thereto~ provided that:
The use is compatible with established land uses in the immediate vicinity~
Access to U.S. 1 is by way of:
An existing curb cut~
A signalized intersection, or
A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
The parcel proposed for development is separated from any established residential use by a class C bufferyard~
I.
11.
Ill.
c.
352
9.34.040
d.
Tirne-share units shall have a minimum living area of nine hundred fifty (950) square feet~
The parcel proposed for development shall have a minimum size of four acres~
The density does not exceed four dwelling units per acre~ and
The time share units comply with the requirements of the Florida Real Estate Time-Sharing Act [F.S. S 721.0 I et
e.
f.
g.
seq.] :
3. Land use overlays A~ E~ PF, subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320. (Ord. 007-2003 ~ 2~
prior code ~~ 9.5-233)
9.34.040 Urban residential mobilehome district (URM).
A. The following uses are permitted, as of right in the urban residential mobilehome district:
I. Mobileholnes~
2. Detached residential dwellings~
3. Recreational vehicles as provided in F .S. Ch. 513 ~
4. Home occupations-special use permit required~
5. Accessory uses~
6. Tourist housing uses, including vacation rental uses~ are prohibited except in gated communities which have: (a)
controlled access~ and (b) a homeowner's or property owner~s association that expressly regulates or manages vacation
rental uses~
7. Colllocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
8. Satellite earth stations less than two meters in diameter~ as accessory uses, pursuant to Section 9.64.050(F);
9. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. Tht~ following are permitted as minor conditional uses in the urban residential mobilehome district (URM), subject
to the standards and procedures set forth in Chapter 9.14:
I. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B):
2. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E)~
3. Satl~llite earth stations greater than or equal to two meters in diameter, as accessory uses~ pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the urban residential mobilehome district, subject to
the standards and procedures set forth in Chapter 9.14:
1. Marinas, provided that:
a. ThE~ parcel proposed for development has access to water at least four feet below mean sea level at mean low tide~
b. ThE~ sale of goods and services is limited to fuel, food, boating, diving and sport fishing products,
c. Vessels docked or stored shall not be used for live-aboard purposes~ and
d. All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height;
2. Cornmercial retail of low- and medium-intensity and office uses or any combination thereof of less than two thou-
sand five hundred (2.,500) square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-way of U.S. I ~
b. The structure must be located within two hundred (200) feet of the centerline of U.S. 1.,
c. The commercial retail use does not involve the sale of petroleum products~
d. The commercial retail use does not involve the outside storage or display of goods or merchandise.,
e. There is no direct access to U.S. I from the parcel of land on which the commercial retail use is to be located,
f. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-of-way by a class
C bufferyard.,
g. The structure in which the commercial retail use is to be located is separated from any existing residential structure
by a class C bufferyard, and
h. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the
wall of the s1tructure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-
way for u.s. 1:
3. Parks and community parks:
4. Land use overlays A~E, PF., subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320. (Ord. 007-2003 ~ 3:
prior code S 9.5-234)
353
9.34.050
9.34.050 Sub urban commercial district (SC).
A. The following uses are permitted as of right in the sub urban comlnercial district:
I. Comlnercial retail~ low- and medium-intensity and office uses or any cOlnbination thereof of less than two thousand
five hundred (2~500) square feet of floor area~
2. Institutional residential uses~ involving less than ten (10) dwelling units or rooms~
3. COlnmercial apartments involving less than six dwelling units in~
4. Commercial recreational uses lilnited to:
a. Bowling alleys~
b. Tennis and racquet ball courts~
c. Miniature go If and driving ranges~
d. Theaters~
e. Health clubs~
f Swilnming pools~
5. Institutional uses~
6. Public buildings and uses~
7. Accessory uses~
8. Storage areas~ provided that the area does not exceed twenty-five (25) percent of the gross area of the parcel pro-
posed for development~ if such areas exceed twenty five (25) percent~ than approval must be obtained pursuant to subsection
(B)(8) of this section~
9. Vacation rental use of nonconforming detached and attached dwelling units~ if a special vacation rental permit is
obtained under the regulations established in Chapter 9. 76~
10. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C)~
II. Attached wireless cOlnmunications facilities~ as accessory uses~ pursuant to Section 9.64.050(D)~
12. Replacement of an existing antenna-supporting structure pursuant to Section 9 .64.050(B)~
13. Stealth wire less comlnunications facilities~ as accessory uses~ pursuant to Section 9 .64.050(E)~
14. Satellite earth stations~ as accessory uses~ pursuant to Section 9 .64.050(F)~
15. Attached and unattached residential dwellings involving less than six units~ designated as employee housing as pro-
vided for in Section 9.38.060~
16. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. The following uses are permitted as minor conditional uses in the sub urban commercial district~ subject to the stan-
dards and procedures set forth in Chapter 9. 14:
I. COlnmercial retail of low and lnedium intensity and office uses or any combination thereof of greater than two
thousand five hundred (2~500) but less than ten thousand (I O~OOO) square feet oftloor area~ provided that access to u.S. 1 is
by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet~
2. Commercial retail uses of high intensity of less than two thousand five hundred (2~500) square feet in tloor area~
provided that access to U.S. I is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet~
3. Institutional residential uses involving ten (10) to twenty (20) dwelling units or rooms~ provided that:
a. The use is compatible with land use established in the immediate vicinity of the parcel proposed for development~
b. Access to U. S. I is by way of:
l. An existing curb cut~
11. A signalized intersection~ or
111. A curb cut that is separated from another curb cut on the same side of U. S. I by at least four hundred (400) feet~
4. Commercial apartments involving six to eighteen (18) dwelling units~ provided that:
a. The hours of operation of the commercial uses are cOlnpatible with residential uses~ and
354
9.34.050
b. Access to lJ .S. I is by way of:
I. An existing curb cut~
II. A signalized intersection~ or
111. A curb cut that is separated from any other curb cut on the saIne side of U.S. I by at least four hundred (400) feet
c. Tourist housing uses, including vacation rental uses, of comInercial apartlnents are prohibited~
5. Hotels of fewer than twenty-five (25) rooms, provided that:
a. The use is cOlnpatible with established land uses in the immediate vicinity~ and
b. One or more of the following amenities are available to guests:
1. Swimming pool~
11. Marina~ or
111. Tennis courts~
6. CaJnpgrounds~ provided that:
a. The parcel proposed for development has an area of at least five acres,
b. The operator of the campground is the holder of a valid Monroe County occupational Jicense~
c. If the use involves the sale of goods and services~ other than the rental of camping sites or recreational vehicle park-
ing spaces~ such use does not exceed one thousand (I ~OOO) square feet and is designed to serve the needs of the campground~
and
d. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard~
7. Light industrial uses~ provided that:
a. Tht~ parcel proposed for development does not have an area of greater than two acres~
b. Tht~ parcel proposed for development is separated from any established residential use by at least a class C buffer-
yard~ and
c. All outside storage areas are screened from adjacent use by a solid fence, wall or hedge at least six feet in height~
8. Parks and community parks~
9. Attached and unattached residential dwellings involving six to eighteen (18) units, designated as employee housing
as provided for in Section 9.38.060.
C. Tht~ following uses are permitted as Inajor conditional uses in the sub urban commercial district subject to the stan-
dards and procedures set forth in Chapter 9.] 4:
I. COlnmercial retail of low- and medium-intensity and office uses or any combination thereof greater than ten thou-
sand (I O~OOO) square feet in floor area~ provided that access to U.S. I is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the saIne side of U.S. I by at least four hundred (400) feet~
2. Cornmercial retail uses of high intensity greater than two thousand five hundred (2~500) square feet in floor area
provided that access to U.S. ] is by way of:
a. An existing curt cut~
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side ofU .S. 1 by at least four hundred (400) feet~
3. Institutional residential uses involving twenty (20) or more dwelling units or rooms; provided that:
a. The use is cOlnpatible with land use established in the immediate vicinity of the parcel proposed for development~
and
b.
1.
11.
111.
C.
4.
Access to U.S. ] is by way of:
An lexisting curb cut~
A signalized intersection, or
A curb cut that is separated from any other curb cut on the saIne side of U.S. 1 by at least four hundred (400) feet~
Tourist housing uses, including vacation rental uses, of institutional residential units are prohibited;
Hotels providing twenty-five (25) or more rooms~ provided that:
The hotel has restaurant facilities on or adjacent to the premises, and
Access to U.S. I is by way of:
An c~xisting curb cut~
A signalized intersection, or
a.
b.
l.
11.
355
9.34.060
Ill. A curb cut that is separated froln any other curb cut on the saIne side ofU .S. 1 by at least four hundred (400) feet~
5. Marinas~ provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide~
b. The sale of goods and services is limited to fuet food., boating~ diving and sport fishing products.,
c. All outside storage areas are screened from adjacent uses by a fence., wall or hedge of at least six feet in height and
d. Any commercial fishing activities are limited to the landing of catch., mooring and docking of boats and storage of
traps and other fishing equipment~
6. Mariculture., provided that:
a. The use is cOlnpatible with land uses established in the imlnediate vicinity of the parcel proposed for developlnent~
b. The parcel proposed for development is separated from any established residential use by at least a class C buffer-
yard., and
c. All outside storage areas are screened froln adjacent uses by a solid fence., wall or hedge at least six feet in height~
7. Heliports or seaplane ports., provided that:
a. The helicopter is associated with a government service facility., a law enforcement element or a medical services
facility,
b. The heliport or seaplane port is a Federal Aviation Adlninistration certified landing facility,
c. The landing and departure approaches do not pass over established residential uses or known bird rookeries~
d. If there are established residential uses within five hundred (500) feet of the parcel proposed for developlnent, the
hours of operation and nonemergency aircraft shall be limited to daylight, and
e. The use is fenced or otherwise secured from entry by unauthorized persons~
8. New antenna-supporting structures, pursuant to Section 9.64.050(A)~
9. Land use overlays A, E, PF, subject to provisions of Sections 9.34.290~ 9.34.300 and 9.34.320~
10. Attached and unattached residential dwellings involving more than eighteen (18) units., designated as employee
housing as provided for in Section 9.38.060. (Prior code S 9.5-235)
9.34.060 Urban mobilehome-Iimited district (URM-L).
A. The following uses are permitted as of right in the URM-L district:
I. Mobilehomes~
2. Recreational vehicles~ as provided in F. S. Ch. 513 ~
3. Horne occupations by special use permit required~
4. Accessory uses~
5. Tourist housing uses, including vacation rental uses, are prohibited except in gated communities which have: (a)
controlled access~ and (b) a homeowner ~ s or property owner's association that expressly regulates or manages vacation
rental uses~
6. Collocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C)~
7. Satellite earth stations less than two Ineters in diameter, as accessory uses, pursuant to Section 9.64.050(F)~
8. Wastewater nutrient reduction cluster systems that serve less than ten (] 0) residences.
B. The following uses are permitted as minor conditional uses in the urban mobilehome-limited district (URM-L)~
subject to the standards and procedures set forth in Chapter 9.14:
1. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
2. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E)~
3. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are pennitted as major conditional uses in the URM-L district subject to the standards and pro-
cedures set forth in Chapter 9.14:
1 . Marinas~ provided that:
a. The Inarina is pritnarily intended and designed to serve the residents of the district in which it is located,
b. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low
tide~
c. The sale of goods and services is lilnited to fuel., food, boating and diving and sport fishing products,
d. Vessels docked or stored shall not be used for live-aboard purposes, and
356
9.34.070
e. All outside storage area are screened from adjacent uses by a solid fence., wall or hedge at least six feet in height~
2. Comlnercial retail of low intensity of less than two thousand five hundred (2.,500) square feet of floor area., pro-
vided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-way of U.S. 1.,
b. The prilnary structure Inust be located within two hundred (200) feet of the center line of U.S. 1.,
c. The comlnercial retail use does not involve the sale of petroleum products.,
d. The comlnercial retail use does not involve the outside storage of merchandise.,
e. There is no direct access to U.S. 1 from the parcel of land on which the cOlnmercial retail use is to be located.,
f The structure in which the commercial retail use is to be located is separated from the U.S. 1 right-of-way by a class
C bufferyard.,
g. The structure in which the commercial retail use is to be located is separated froln any existing residential structure
by a class C: bufferyard., and
h. No signage other than one identification sign of no Inore than four square feet shall be placed in any yard or on the
wall of the structure in which the comlnercial retail use is to be located except for the yard or wall that abuts the right-of-
way of U.S. I ~
3. Land use overlays A., E., INS., PF., PB., subject to provisions of Sections 9.34.290 through 9.34.330. (Ord. 007-2003
~ 4~ prior code S 9.5-235.1)
9.34.070 Sub urban residential district (SR).
A. Thl~ following uses are permitted as of right in the sub urban residential district:
1. Deltached residential dwellings;
2. Co:mmunity parks~
3. Beekeeping~
4. Home occupations-special use permit required~
5. Accessory uses~
6. Vacation rental use if a special vacation rental permit is obtained under the regulations established in Chapter 9. 76~
7. Colllocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C)~ .
8. Satellite earth stations less than two meters in diameter., as accessory uses, pursuant to Section 9.64.050(F)~
9. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. The following uses are permitted as minor conditional uses in the sub urban residential district., subject to the stan-
dards and procedures set forth in Chapter 9.14:
1. Attached residential dwelling units., provided that:
a. Tht~ total number of units does not exceed four per building.,
b. Tht~ structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development, and
c. Tht~ parcel proposed for development is separated from any established detached residential use by a class C buff-
eryard:
2. Public or private community tennis courts and swimming pools, provided that:
a. Th(~ parcel of land proposed for development does not exceed five acres.,
b. Th(~ parcel proposed for development is separated froln any established residential use by a class C bufferyard, and
c. All outside lighting is designed and located so that light does not shine directly on any established residential use~
3. Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any established residential use by a class C bufferyard., and
b. Access to U.S. 1 is by way of:
1. An existing curb cut,
II. A signalized intersection., or
111. A clLlrb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet~
4. Cornmercial retail of low- and mediuln-intensity or office uses or any combination thereof of less than two thou-
sand five hundred (2.,500) square feet of floor area., provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-way of U.S. I., or a dedi-
cated right-of-way to serve as a frontage road for U.S. 1.,
357
9.34.070
b. The structure must be located within two hundred (200) feet of the centerline of U.S. ] ~
c. The commercial retail use does not involve the sale of petroleuln products,
d. The commercial retail use does not involve the outside storage or display of goods or merchandise with the excep-
tion that outside sales and display for nurseries lnay be permitted with the stipulation that required open space and required
bufferyards may not be used for display and sales,
e. There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located~
f. The structure in which the commercial retail use is to be located is separated froln the U.S. 1 right-of-way by a class
C bu fferyard,
g. The structure in which the cOlnlnercial retail use is to be located is separated from any existing residential structure
by a class C bufferyard~ and
h. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-
way for U.S. I ~
5. Parks and community parks~
6. Institutional uses provided that:
a. The parcel proposed for developlnent is separated from any established residential uses by a class C bufferyard~ and
b. Access to U. S. I is by way of:
1. An existing curb cut,
11. A signalized intersection, or
Ill. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
7. Churches~ synagogues~ and houses of worships provided that:
a. The parcel proposed for development is separated from any established residential uses by a class C bufferyard~ and
b. Access to U.S. I is by way of:
1. An existing curb cut~ or
II. A signalized intersection, or
Ill. A curb cut that is separated from any other curb cut on the same side ofU .S. I by at least four hundred (400) feet~
8. Replacelnent of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
9. Stealth wireless comlnunications facilities, as accessory uses~ pursuant to Section 9.64.050(E)~
10. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the sub urban residential district~ subject to the stan-
dards and procedures set forth in Chapter 9. 14:
1. Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development~ and
b. The parcel proposed for development is separated from any established residential use by a class C bufferyard~
2. Institutional residential uses, provided that:
a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development,
b. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and
c. Access to U.S. I is by way of:
I. An existing curb cut
II. A signalized intersection, or
III. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
3. Marinas., provided that:
a. The parcel proposed for develoPlnent has access to water at least four feet below mean sea level at lnean low tide.,
b. The use does not involve the sale of goods and services other than private clubs~ sport fishing charters~ boat dock-
age and storage~
c. All boat storage is limited to surface storage on trailers or skids and no boats or other equipment is stored on any
e levated rack~ frame or structure,
d. Vessels docked or stored shall not be used for live-aboard purposes~
358
9.34.080
e. Alii outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height,
and
f. The parcel proposed for development is separated from any established residential use by a class C bufferyard~
4. Agricultural uses, provided that:
a. The use is compatible with land uses established in the imlnediate vicinity of the parcel proposed for developlnent,
b. The parcel proposed for development is separated from any established residential use by at least a class C buffer-
yard, and
c. All outside storage areas are screened from adjacent uses by solid fence, wall or hedge at least six feet in height~
5. Campgrounds, provided that:
a. The parcel proposed for developlnent has an area of at least five acres,
b. Thte operator of the calnpground is the holder of a valid Monroe County occupational license,
c. If the use involves the sale of goods and services, other than the rental of calnping sites or recreational vehicle park-
ing spaces, such use does not exceed one thousand ( 1 ,000) square feet and is designed to serve the needs of the campground,
and
d. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard~
6. Hotels of fewer than twelve (12) rooms, provided that:
a. The parcel proposed for development has an area of at least two acres,
b. All signage is limited to that permitted for a residential use,
c. The parcel proposed for development is separated from any established residential use by at least a class C buffer-
yard, and
d. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development~
7. Clubhouse or lneeting facilities for educational and public interest purposes, provided that:
a. The use does not exceed five thousand (5,000) square feet of floor area, and
b. The parcel proposed for development is separated from all adjacent residential uses by a class C bufferyard~
8. Land use overlay E, subject to provisions of Section 9.34.380. (Ord. 007-2003 S 5~ prior code S 9.5-236)
9.34.080 Sub urban residential district (limited) (SR-L).
A. Th(~ following uses are permitted as of right in the sub urban residential district (limited):
] . Detached residential dwellings~
2. COJnmunity parks~
3. Bet~keeping~
4. HOlne occupations-special use permit required~
5. Accessory uses~
6. Vacation rental use if a special vacation rental permit is obtained under the regulations established in Chapter 9. 76~
7. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
8. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9 .64.050(F)~
9. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. The: following uses are permitted as minor conditional uses in the sub urban residential district (limited) (SR-L):
1. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
2. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E)~
3. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the sub urban residential (limited) district, subject to
the standards and procedures set forth in Chapter 9. 14:
I. Land use overlays A, E, INS, PF, subject to the provisions of Sections 9.34.290 through 9.34.320. (Ord. 007-2003
S 6; prior code S 9.5-237)
9.34.090 Sparsely settled residential district (8S).
A. The following uses are permitted as of right in the sparsely settled residential district:
1. Detached residential dwe]]ings~
2. Beekeeping~
359
9.34.090
3. Home occupations-special use pennit required~
4. Accessory uses~
5. Tourist housing uses, including vacation rental uses are prohibited~
6. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
7. Satellite earth stations less than two Ineters in diameter, as accessory uses, pursuant to Section 9.64.050(F)~
8. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. The following uses are permitted as minor conditional uses in the sparsely settled residential district, subject to the
standards and procedures set forth in Chapter 9.14:
1. Attached residential dwelling units, provided that:
a. The total number of units does not exceed four, and
b. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development~
2. Public or private comlnunity tennis courts and swimming pools, provided that:
a. The parcel of land proposed for developlnent does not exceed five acres,
b. The parcel proposed for developlnent is separated from any established residential use by a class C bufferyard, and
c. All outside lighting is designed and located so that light does not shine directly on any established residential use~
3. Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and
b. The parcel of land proposed for development is at least two acres~
4. Parks and community parks~
5. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E);
6. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the sparsely settled residential district, subject to the
standards and procedures set forth in Chapter 9. 14:
I. Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development, and
b. The parcel proposed for development is separated from any established residential use by a class C bufferyard~
2. Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide,
b. The use does not involve the sale of goods or services other than sport fishing charters, boat dockage and storage,
c. All boat storage is limited to surface storage on trailers or skids and no boats or other equipment is stored on any
elevated rack, frame or structure~
d. Vessels docked or stored shall not be used for live-aboard purposes,
e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height,
and
f. The parcel proposed for development is separated from any established residential use by a class C bufferyard;
3. Agricultural uses, provided that:
a. The use is compatible with land uses established in the imlnediate vicinity of the parcel proposed for development,
b. The parcel proposed for development is separated from any established residential uses by at least a class C buffer-
yard, and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height;
4. Solid waste facility, provided that:
a. The parcel of land proposed for development is at least forty (40) acres,
b. All landfill activity occurs no closer than one hundred fifty ( 150) feet to any property line and at least a class F
buffer is provided within this setback,
c. No fill shall exceed thirty-five (35) feet in height from the original grade of the property,
d. Such operations comply with F.S. S 403.701 et seq.,
e. A future reclamation plan for the landfill site is presented,
f. The incinerator is located so that its operations do not adversely affect surrounding properties,
360
9.34.100
g. Road access to the site from U. S. I is limited to traffic serving the landfill~ and
h. Three alternative feasible sites are presented as part of the conditional use application~
5. COlnmunications towers~ provided that the parcel proposed is at least one acre;
6. Land use overlays E~ INS~ subject to provisions of Sections 9.34.300 and 9.34.3] O. (Ord. 007-2003 ~ 7~ prior code
~ 9.5-238)
9.34.100 Native area district (NA).
A. Th~ following uses are permitted as a right in the native area district:
I. Detached residential dwellings~
2. Beekeeping~
3. HOlne occupations-special use permit required~
4. Accessory uses~
5. Tourist housing uses~ including vacation rental uses~ are prohibited~
6. Collocations on existing antenna-supporting structures pursuant to Section 9.64.050(C)~
7. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
8. Satellite earth stations less than two meters in diameter~ as accessory uses~ pursuant to Section 9.64.050(F).
B. The following uses are permitted as minor conditional uses in the native area district~ subject to the standards and
procedures set forth in Chapter 9.14:
I. Attached residential dwelling units~ provided that:
a. The total number of units does not exceed four~ and
b. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development;
2. Public buildings and uses~ provided that:
a. The parcel proposed for development is separated from any established residential use by a class C bufferyard~ and
b. Tht~ parcel proposed for development is at least two acres~
3. Agricultural uses~ provided that:
a. Tht~ use is compatible with land uses established in the immediate vicinity of the parcel proposed for development~
b. Tht~ parcel proposed for development is separated from any established residential uses by at least a class C buffer-
yard~ and
c. All outside storage areas are screened from adjacent uses by a solid fence~ wall of hedge of at least six feet in
height~
4. Attached wireless communications facilities~ as accessory uses~ pursuant to Section 9.64.050(D)~
5. Stealth wireless comtTIunications facilities~ as accessory uses~ pursuant to Section 9.64.050(E);
6. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses~ pursuant to Section
9.64.050(F).
C. The~ following uses are permitted as major conditional uses in the native area district~ subject to the standards and
procedures set forth in Chapter 9. 14:
1. Attached residential dwelling units~ provided that:
a. The' structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development~
b. The' parcel proposed for development is separated from any established residential use by a class C bufferyard~
2. Marinas~ provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide~
b. The use does not involve the sale of goods or services other than boat dockage and storage~
c. All boat storage is limited to surface storage on trailers or skids and no boats or other equipment is stored on any
e levated raclk~ frame or structure~
d. Vessels docked or stored shall not be used for live-aboard purposes~
e. All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height~
and
f.
3.
The parcel proposed for development is separated from any established residential use by a class C bufferyard~
Solid waste facility~ provided that:
361
9.34.110
a. The parcel of land proposed for development is at least forty (40) acres~
b. All landfill activity occurs no closer than one hundred fifty (150) feet to any property line and at least a class F
buffer is provided within this setback~
c. No fill shall exceed thirty-five (35) feet in height froln the original grade of the property~
d. Such operations fully cOlnply with F.S. ~ 403.70 I et seq.~
e. A future reclamation plan for the landfill site is presented~
f. The incinerator is located so that its operations do not adversely affect surrounding properties~ and
g. Road access to the side from U.S. I is limited to traffic serving the landfill~
4. Land use overlays INS~ PF~ subject to provisions of Sections 9.34.310 and 9.34.320. (Ord. 007-2003 S 8~ prior code
~ 9.5-239)
9.34.110 Mainland native area district (MN).
All development permitted in the mainland native area district shall comply with applicable rules and regulations of the
Big Cypress National Preserve.
A. The following uses are permitted as of right in the Inainland native area district:
I. Detached residential dwellings~
2. Beekeeping~
3. Accessory uses~
4. HOlTIe occupations--special use permit required~
5. Tourist housing uses~ including vacation rental uses~ are prohibited~
6. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
7. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F).
B. The following use is permitted as a minor conditional use subject to the standards and procedures set forth in Chap-
ter 9. 14:
I. Educational and research centers, including campground spaces, provided that:
a. No more than two camping spaces are provided per acre~
b. No development of any kind is permitted in wetlands, except unenclosed, elevated structures on pilings or poles,
c. No buildings are permitted~ enclosed or otherwise except for buildings devoted to educational~ research or sanitary
purposes no ITIOre than one thousand (I ~OOO) square feet per acre and not more than ten thousand (10,000) square feet in any
single campground, and
d. The site proposed for the center is at least five acres~
2. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses~ pursuant to Section
9.64.050(F).
C. The following use is permitted as a major conditional use subject to the standards and procedures set forth in Chap-
ter 9. ]4:
I. Land use overlays A, INS, PF, PB, subject to provisions of Sections 9.34.290 and 9.34.310 through 9.34.330. (Ord.
007-2003 ~ 9~ prior code ~ 9.5-240)
9.34.120 Offshore island district (OS).
A. The following uses are permitted as of right in the offshore island district:
]. Detached residential dwellings~
2. Camping~ for the personal use of the owner of the property on a temporary basis~
3. Beekeeping~
4. Accessory uses~
5. Home occupations-special use pennit required~
6. Tourist housing uses which were established (and held valid state public lodging establishment licenses) prior to
January 1 ~ 1996. Vacation rental use, ofa dwelling unit in existence as of January 1, 2000~ if a special vacation rental pennit
is obtained under the regulations established in Chapter 9.76~
7. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
8. Satellite earth stations less than two lTIeters in diameter, as accessory uses~ pursuant to Section 9.64.050(F).
362
9.34.130
B. The following is permitted as a minor conditional use in the offshore island district (OS)~ subject to the standards
and proced1L1res set forth in Chapter 9.14:
I. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses~ pursuant to Section
9.64.050(F). (Ord. 007-2003 S 10; prior code S 9.5-241)
9.34.130 Improved subdivision district (IS).
A. The following uses are pennitted as of right in the ilnproved subdivision district:
I. In lthose improved subdivision districts with no subdistrict indicator~ detached dwellings of all types;
2. In those improved subdivision districts with an M subdistrict indicator, only detached dwellings of masonry con-
struction;
3. In those improved subdivision district with a D subdistrict indicator:
a. Detached dwellings~
b. Duplexes;
4. Home occupations-special use permit required;
5. Accessory uses;
6. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C);
7. Satellite earth stations less than two meters in diameter~ as accessory uses~ pursuant to Section 9.64.050(F);
8. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. Vat~ation rental use is prohibited in all IS districts and subdistricts~ except in: (i) IS- T districts (as set forth in Sec-
tion 9.34.140); and (ii) in gated communities which have: (a) controlled access; and (b) a homeowner~s or property owner~s
association that expressly regulates or manages vacation rental uses.
C. The following uses are permitted as minor conditional uses in the improved subdivision district~ subject to the stan-
dards and procedures set forth in Chapter 9.14:
I. Parks and community parks;
2. Public parks;
3. Schools; and
4. Sat'ellite earth stations greater than or equal to two meters in diameter~ as accessory uses~ pursuant to Section
9.64.050(F).
D. Th(~ following uses are permitted as major conditional uses in the Improved subdivision district., subject to the stan-
dards and procedures set forth in Chapter 9.14:
I. COlnmercial retail of low- and medium-intensity and office uses or any combination thereof of less than two thou-
sand five hundred (2~500) square feet of floor area~ provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right-of-way ofU .S. I ~ or a dedi-
cated right-of-way to serve as a frontage road for U.S. 1 ~
b. Tht~ structure must be located within two hundred (200) feet of the centerline of U.S. 1 ~
c. Tht~ commercial retail use does not involve the sale of petroleum products~
d. Tht~ cOlnmercial retail use does not involve the outside storage or display of goods or merchandise~
e. ThE~re is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located,
f. ThE~ structure in which the commercial retail use is to be located is separated from the U.S. I right-of-way by a class
C bufferyard~
g. The~ structure in which the commercial retail use is to be located is separated from any existing residential structure
by a class C bufferyard, and
h. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right-of-
way for U.S. 1;
2. Stealth wireless communications facilities~ as accessory uses, pursuant to Section 9.64.050(E);
3. Land use overlays A~ INS, PF~ subject to provisions of Section 9.34.290., 9.34.310 and 9.34.320;
4. Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in any land
use district provided that:
a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all fed-
eral~ state~ and local requirements~
363
9.34.140
b. The wastewater treatlnent facility, wastewater treatment collection system(s) and accessory uses shall be screened
by structure(s) designed to be architecturally consistent with the character of the surrounding comlnunity and minilnize the
impact of any outdoor storage, telnporary or permanent, and
c. In addition to any district boundary buffers set forth in Chapter 9.52, a planting bed, eight feet in width, to be meas-
ured perpendicular to the exterior of the screening structure shall be established with the following:
i. One native canopy tree for every twenty-five (25) linear feet of screening structure; and one understory tree for
every ten ( 1 0) I inear feet of screening structure,
ii. The required trees shall be evenly distributed throughout the planting bed,
Ill. The planting bed shall be installed as set forth in Chapter 9.52 and maintained in perpetuity, and
IV. A solid fence may be required upon determination by the planning director. (Ord. 007-2003 ~ 11 ~ prior code ~ 9.4-
242)
9.34.140 Improved subdivision district-Vacation rental district.
In addition to the as of right and conditional uses listed above in Section 9.34.130, vacation rental uses are allowed as of
right (subject to the regulations established in Chapter 9.76) in those improved subdivision-vacation rental districts with
the sub-indicator V (vacation rental).
A map amendment designating a contiguous parcel as IS- V Inay be approved, provided that the map amendlnent applica-
tion (and subsequent building permit applications and special vacation rental permit applications) meet the following stan-
dards, criteria and conditions:
A. The IS- V designation is consistent with the 2010 COlnprehensive Plan and there is no legitimate public purpose for
maintaining the existing designation;
B. The IS- V designation allowing vacation rental use does not create additional trips or other adverse traffic impacts
within the remainder of the subdivision or within any adjacent IS district~
C. The parcel to be designated IS- V must contain sufficient area to prevent spot-zoning of individual parcels (i.e., re-
zonings should not result in spot-zoned IS- V districts or result in spot-zoned IS districts that are surrounded by IS- V dis-
tricts). Unless the parcel to be rezoned contains the entire subdivision there will be a rebuttable presumption that spot-
zoning exists, but the board of county commissioners may rebut this presumption by making specific findings supported by
competent, substantial evidence that:
1. The designation preserves, promotes and maintains the integrity of surrounding residential districts and overall zon-
ing scheme or comprehensive plan for the future use of surrounding lands,
2. Does not result in a small area of IS- V within a district that prohibits vacation rentals,
3. The lots or parcels to be designated IS- V are all physically contiguous and adjacent to one another and do not result
in a narrow strip or isolate pockets or spots of land that are not designated IS-V, or which prohibit vacation rentals, and
4. The IS- V designation is not placed in a vaCUUln or a spot on a lot-by-Iot basis without regard to neighboring proper-
ties, but is a part of an overall area that allows vacation rentals or similar cOlllpatible uses~
D. In addition to the requirements contained in Section 9.54.030 (district boundaries), an IS-V district shall be sepa-
rated from any established residential district that does not allow tourist housing or vacation rental uses by no less than a
class C bufferyard~
E. Vacation rental use is compatible with established land uses in the immediate vicinity of the parcel to be designated
IS- V~ and
F. Unless a map amendment is staff generated (i.e.., initiated by Monroe County), an application for a map amendment
to I S- V shall be authorized by the property owner( s) of all lots (or parcels) included within the area of the proposed map
amendlnent. (Prior code ~ 9.5-242.5)
9.34.150 Destination resort district (DR).
A. The following uses are permitted as of right in the destination resort district:
I. Single-family detached dwellings., provided that:
a. The lot has sufficient land area and dimensions to meet the requirements of Chapter 1 OD-6, Florida Administrative
Code;
2.
3.
Vacation rental use if a special vacation rental permit is obtained under the regulations established in Chapter 9.76;
Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
364
9.34.150
4. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
5. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(D)~
6. Stealth wireless comlnunications facilities, as accessory uses, pursuant to Section 9.64.050(E)~
7. Satellite earth stations, as accessory uses, pursuant to Section 9.64.050(F).
B. Tht~ following uses are permitted as minor conditional uses in the destination resort district, subject to the standards
and procedures set forth in Chapter 9.14:
1. One or more resort hotels provided that:
a. Thl~ hotel has restaurant facilities on or adjacent to the premises that will accommodate no less than one-third of all
hote I guests, at maximum occupancy at a single serving,
b. Thc~re are at least two satellite eating and drinking facilities, each accommodating at least twenty-five (25) persons,
c. A s.eparate meeting/conference and entertainment area which can also function as a banquet facility,
d. A lobby which provides twenty-four (24) hour telephone and reservation service,
e. Ac1tive and passive recreation land-based activities are available, with a minilnum of tennis courts or racquetball
courts, or a spa/exercise room, provided at the standards given below and at least two additional active and one additional
passive recreational facility, including, but not limited to the following:
i. Active Recreational Facilities.
Tennis court 1/25 units
Racquetball court 1/25 units
Spa/exercise room, of no less than 500 square feet 1/150 units
Observation area I/hotel
Dance floor l/hotel
Playfield/playground 1/150 units
Miniature golf course l/hotel
Golf course 1 /hote 1
Shufflleboard court, or other court games 2/50 units
Fitness course l/hotel
ii. Passive Recreational Facilities.
N atun~ trail walk l/hotel
Game room 1/150 units
Garden area l/hotel
Other USt~S may be substituted for these with the written approval of the director of planning stating the standards utilized
and the manner in which guests will be served by such facilities. The director of planning shall base his decision on gener-
ally accepted industry standards for comparable destination resorts,
f. Active and passive water-oriented recreational facilities are available, a minimum of a swimming pool, or swim-
ming areas, at the rate of seven square feet of water surface (excluding hot tubs and Jacuzzi) per hotel room (this require-
Inent may bt~ converted to linear feet of shoreline swimming area at a ratio of one linear foot of beach per seven square feet
of required '.vater surface),
g. Access to U.S. 1 is by way of:
1. An ,existing curb cut,
11. A signalized intersection, or
111. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet,
h. Each hotel establishes and maintains shuttle transport services to airports and tourist attractions to accommodate ten
(10) percent of the approved floor area in guest rooms~ and such housing shall be of any of the following types: dormitory,
studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by
employees qualifying under the employee housing provisions elsewhere in this title,
i. On-site employee housing living space is provided in an amount equal to ten (10) percent of the approved floor area
in guest roonlS~ and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and
365
9.34.160
shall be in addition to the approved hotel density and shall be used exclusively by elnployees qualifying under the employee
housing provisions elsewhere in this title.,
j. Commercial retail is provided at a minilnuln of two hundred (200) square feet to include convenience retail., food
sales and gifts in one or more sites., excluding restaurants as required by subsection (B)( I )(b) of this section., and in addition
one and three-tenths square feet commercial retail per each guest room greater than one hundred fifty (150) rooms. Addi-
tional commercial retaillnay be provided subject to the floor area ratio limitations of this title. Commercial retaillnay con-
sist of dive shops., boat rentals., gift shops., barber/beauty services., travel agencies., provided that there is no extension sign-
age advertising these amenities to the general public. Water-related services and activities shall be located imlnediately
proxilnate to the water unless otherwise prohibited.,
C. The following uses are permitted as major conditional uses in the destination resort district when they are accessory
to a destination resort., subject to the standards and procedures set forth in Chapter 9.14:
I . Marinas., provided that:
a. There are a minimum of seven boat slips., but the total number of boats stored on-site or elsewhere for guests or
employees shall be no greater than one per hotel rooln.,
b. The parcel for developlnent has access to water at least four feet below Inean sea level at mean low tide.,
c. The sale of goods and services is limited to fuel., food., boating., and sport fishing products.,
d. All boat storage shall be confined to wet slips or enclosed dry storage.,
e. All storage areas are screened froln adjacent uses by a solid fence., wall., or hedge of at least six feet in height~ and
elevated racks., frames., or structures shall be enclosed on at least three sides froln the ground to the highest point of the roof.,
f. The parcel proposed for developlnent is separated froln any established residential use by a class 0 bufferyard.,
g. Live-aboard vessels are prohibited~
2. Employee dwelling units., provided that:
a. They are built for and occupied by elnployees of the destination resort facilities.,
b. The total area is no less that ten (10) percent of the approved floor area in guest rooms of the resort/hotel(s) within
the development
c. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development., and
d. The parcel proposed for development is separated from any established residential use by a class C bufferyard~
3. Attached residential dwelling units., provided that the lot has sufficient land area and dimensions to meet the re-
quirements of Chapter 100-6., Florida Administrative Code., for the installation of on-site wastewater treatment systelns~
4. New antenna-supporting structures., pursuant to Section 9.64.050(A)~
5. Land use overlays A., E., INS., PF., PB., subject to provisions of Sections 9.34.290 through 9.34.330. (Prior code
~ 9.5-243)
9.34.160 Recreational vehicle district (RV).
A. The following uses are permitted as of right in the recreational vehicle district:
1. Recreational Vehicle Spaces. RV spaces are intended for use by traveling recreational vehicles. RV spaces Inay be
leased., rented or occupied by a specific., individual recreational vehicle., for a term of less than twenty-eight (28) days., but
placement of a specific., individual recreational vehicle (regardless of vehicle type or size) within a particular RV park for
occupancies or tenancies of six months or lnore is prohibited. Recreational vehicles may be stored., but not occupied., for
periods of six months or greater only in an approved R V storage area (designated on a site plan approved by the director of
planning) or in another appropriate district that allows storage of recreational vehicles. RV storage areas must meet all land
developlnent regulations., floodplain Inanagement regulations and building code requirements for storage of recreational
vehicles:
2. Commercial retail uses of less than two thousand five hundred (2.,500) square feet of floor area~
3. Accessory uses., including permanent owner/employee residential dwelling units. No more than one permanent resi-
dential unit per three R V spaces up to ten (10) percent of total spaces allowed or in existence~
4. Collocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C)~
5. Satellite earth stations less than two meters in dialneter., as accessory uses., pursuant to Section 9.64.050(F).
B. The following use is permitted as a minor conditional use in the recreational vehicle district., subject to the stan-
dards and procedures set forth in Chapter 9. 14:
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9.34.170
I. Hotels providing less than fifty (50) rooms, provided that:
a. The use is compatible with established land uses in the itnmediate vicinity, and
b. One or more of the following amenities are available to guests:
I. S\\'imlning pool,
II. Marina, and
111. Tennis court;
2. Parks and community parks;
3. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B);
4. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(0);
5. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E); and
6. Satellite earth stations greater than or equal to two Ineters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
c. Thl~ following use is permitted as a major conditional use in the recreational vehicle district, subject to the standards
and procedures set forth in Chapter 9.14:
I. Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises, and
b. Access to Lf .S. 1 is by way of:
1. An existing curb cut,
11. A signalized intersection, or
111. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet;
2. Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean seas level at mean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products,
c. Vessels docked or stored shall not be used for live-aboard purposes,
d. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height,
and
e. The parcel proposed for development is separated from any established residential use by a class C bufferyard;
3. Land use overlays A., E, INS, PF, subject to provisions of Sections 9.34.290 through 9.34.320. (Prior code ~ 9.5-
244)
9.34.170 Com mercia) fishing area district (CF A).
A. In order to provide for the special needs of the commercial fishing industry, all commercial fishing areas and vil-
lages are given the below special considerations.
B. All commercial fishing districts under minor conditional use may vary the requirements of that district.
C. Tht~ purpose of this flexibility is to ensure general compliance with plan requirements while maintaining good envi-
ronlnental quality and cOlnmunity character.
1. Ternporary uses specifically involving trap construction, maintenance and repair are exempted from FAR and OSR
requirements.
2. Sanitary toilet facilities may be provided by using approved., portable units.
3. Setbacks may be varied by the planning director upon a written recommendation by the environmental resources
coordinator that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar
devices; shoreline setbacks may also be varied.
4. The' vegetated bufferyards requirements may be varied to include fences or natural vegetation except when abutting
residential districts.
5. Lighting requirements may be reduced or waived where the planning director and environmental resources coordi-
nator agree that light intrusion, either to adjoining properties or waterfront areas., will have no adverse community character
or habitat ilTlpacts.
6. Except for retail and wholesale operations, parking requirements may be met by the provision of one parking or
loading space for each individual lot of six thousand (6,000) square feet or less. Larger lots or tracts shall proportionately
meet this saIne requirement.
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9.34.180
7. Attached dwellings., provided that the total floor area of residential uses in a cOlnmercial fishing area district (CF A)
does not exceed twenty-five (25) percent of the land area in the comlnercial fishing area district (CF A).
8. COlnmercial retail., low- and lnedium-intensity uses., provided that the goods and services are related to or suppor-
tive of the cOlnlnercial fishing industry.
9. Light industrial uses., including marine repair services., provided that such uses are intended to serve the needs of
the comlnercial fishing industry.
D. The following uses are permitted as of right uses in the cOlnmercial fishing area district., subject to the standards
and procedures set forth in Chapter 9.14:
I. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(8);
2. Collocations on existing antenna-supporting structures pursuant to Section 9.64.050(C);
3. Satellite earth stations less than two meters in diameter., as accessory uses., pursuant to Section 9.64.050(F);
4. HOlne occupations-special use permit required~ commercial fishing does not require a special use permit.
E. The following uses are pennitted as minor conditional uses in the commercial fishing area district., subject to the
standards and procedures set forth in Chapter 9.14:
I. Attached wireless comlnunications facilities., as accessory uses., pursuant to Section 9.64.050(D);
2. Stealth wireless communications facilities., as accessory uses., pursuant to Section 9.64.050(E);
3. Satellite earth stations greater than or equal to two meters in dialneter., as accessory uses., pursuant to Section
9.64.050(F).
F. The following uses are permitted as major conditional uses in the commercial fishing area district:
1. Marinas and boat chartering., provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide.,
b. The sale of goods and services is limited to fuel., food., boating., diving and sport fishing products.,
c. Vessels docked or stored shall not be used for live-aboard purposes., except when a permitted sewage pumpout fa-
cility is available on-site and where the waste is treated in a permitted sewage treatment facility.,
d. All outside storage areas are screened from adjacent residential uses by a solid fence., wall or hedge at least six feet
in height.,
e. The parcel proposed for development is separated from any established residential use by a class D bufferyard.,
f. No displacement of existing commercial fishing dockage or area.,
g. No less than fifty (50) percent of the dock area shall be devoted exclusively to commercial fishing., and
h. That no less than fifty (50) percent of the district land area shall be utilized for other cOlnmercial fishing activities.,
such as trap storage and manufacture of traps~
2. Restaurants., dive shops., and other commercial uses under one thousand six hundred (1.,600) square feet per shop.,
provided that:
a. There is no displacement of existing commercial fishing dockage or area.,
b. No less than fifty (50) percent of the dock area shall be devoted exclusively to commercial fishing.,
c. No less than fifty (50) percent of the district land area shall be utilized for other cOlnmercial fishing activities., such
as the storage and manufacture of traps;
3. New antenna-supporting structures., pursuant to Section 9.64.050(A);
4. Land use overlays A., E., INS., PF., PB., subject to provisions of Sections 9.34.290 through 9.34.330. (Ord. 007-2003
S 12; prior code ~ 9.5-245)
9.34.180 Commercial fishing village district (CFV).
A. The following uses are permitted as of right in the comlnercial fishing village district:
I . Comlnercial fishing;
2. Detached dwellings~
3. Accessory uses~
4. Collocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C)~
5. Satellite earth stations less than two meters in diameter., as accessory uses., pursuant to Section 9.64.050(F)~
6. Home occupation-special use permit required~ commercial fishing does not require a special use pennit.
B. The following uses are permitted as Ininor conditional uses in the cOlnmercial fishing village district., subject to the
standards and procedures set forth in Chapter 9.14:
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9.34.190
1. Attached dwellings, provided that the structures are separated from existing detached dwellings by one hundred
(100) feet or a class 0 bufferyard;
2. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B);
3. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(0);
4. Ste'alth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E);
5. Satellite earth stations greater than or equal to two meters in dialneter, as accessory uses, pursuant to Section
9.64.050(F).
C. The following uses are permitted as major conditional uses in the commercial fishing village district, subject to the
standards and procedures set forth in Chapter 9.14:
]. Land use overlays A, E, INS, PF, PB, subject to provisions of Sections 9.34.290 through 9.34.330. (Ord. 007-2003
~ 13; prior code ~ 9.5-246)
9.34.190 Commercial fishing special district (CFSD).
The following uses are permitted in the comlnercial fishing special districts:
A. CFSO] (Located on Big Pine).
1. Subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ralnp, as of right:
a. Co:mmercial fishing,
b. Deltached dwellings,
c. Accessory uses,
d. CoHocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
e. Satellite earth stations less than two meters in dialneter, as accessory uses, pursuant to Section 9.64.050(F), and
( Ho:me occupation-special use permit required; commercial fishing does not require a special use permit;
2. Subject to a limitation on traffic access so as not to interfere with u.S. I at the bridge ramp, as a minor conditional
use:
a. Attached dwellings, provided that the total floor area of residential uses in a commercial fishing area district does
not exceed twenty-five (25) percent of the land area in the commercial fishing area district,
b. COlnmercial retail, low- and medium-intensity uses, provided that the goods and services are related to or suppor-
tive of the comlnercial fishing industry,
c. Light industrial uses, including marine repair services, provided that such uses are intended to serve the needs of
the commercial fishing industry, and
d. Satl~lIite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
B. CFSO 2 (Located on No Name Key).
1. As of right:
a. Cornmercial fishing, excluding processing and packaging as well as trap storage and construction by persons other
than residents of the district,
b. Detached dwellings,
c. Accessory uses,
d. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F), and
f. Horne occupation-special use permit required; commercial fishing does not require a special use permit;
2. As a minor conditional use:
a. Attached dwellings, provided that the structures are separated from existing detached dwellings by one hundred
(100) feet or a classD bufferyard,
b. Satt;~ Ilite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
C. CFSD 3 (Located on Coco Pluln).
I. Su~ject to a prohibition on boat access on the west side where the water depths are less than four feet ML Wand the
provision of a class C bufferyard along Coco Plum Boulevard, as of right:
a. Conrlmercial fishing,
b. Detached dwellings,~
369
9.34.190
c. Accessory uses~
2. Subject to a prohibition on boat access on the west side where the water depths are less than four feet ML Wand the
provision of a class C bufferyard along Coco Plum Boulevard~ as a minor conditional use:
a. Attached dwellings~ provided that the total floor area of residential uses in a cOlnmercial fishing area district does
not exceed twenty-five (25) percent of the land area in the comlnercial fishing area district~
b. Commercial retail~ low- and mediuln-intensity uses~ provided that the goods and services are related to or suppor-
tive of the cOlnmercial fishing industry~
c. Light industrial uses~ including Inarine repair services~ provided that such uses are intended to serve the needs of
the cOlnmercial fishing industry~
3. As of right:
a. Replacelnent of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
b. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C)~
c. Attached wireless communications facilities~ pursuant to Section 9.64.050(D)~
4. Minor conditional use:
a. Stealth wireless cOlnlnunications facilities~ as accessory uses~ pursuant to Section 9.64.050(E)~
b. Satellite earth stations~ pursuant to Section 9.64.050(F);
5. Major conditional use:
a. New antenna-supporting structures~ pursuant to Section 9.64.050(A).
D. CFSD 4 (Located on Long Key).
1. As of right:
a. Repaic maintenance and storage of traps~
b. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
c. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C)~
d. Attached wireless communications facilities~ as accessory uses~ pursuant to Section 9.64.050(D)~
e. Satellite earth stations less than two meters in diameter~ as accessory uses~ pursuant to Section 9.64.050(F);
2. Minor conditional use:
a. Stealth wireless comlnunications facilities~ as accessory uses~ pursuant to Section 9.64.050(E)~
b. Satellite earth stations greater than or equal to two meters in dialneter~ as accessory uses~ pursuant to Section
9.64.050(F);
3. Major conditional use:
a. New antenna-supporting structures~ pursuant to Section 9.64.050(A).
E. CFSD 5 (Located on Key Largo).
I . As of right:
a. Uses permitted as of right in the sub urban commercial district (Section 9.34.050(A))~ subject to the density~ inten-
sity~ open space~ and bulk regulation requirements applicable to those uses in the sub urban cOlnmercial district~ except for
commercial recreational uses (Section 9.34.050(A)(4),
b. Commercial fishing,
c. Fish houses (defined as commercial establishments that buy and sell~ at wholesale and/or retail, seafood products,
bait~ ice~ fuel~ and other products and services required by the commercial fishing industry),
d. Detached dwellings,
e. Restaurants under two thousand five hundred (2~500) square feet, subject to the intensity, open space, and bulk
regulation requirements applicable to such use in the sub urban commercial district,
f. Accessory uses,
g. Attached dwellings of less than six units subject to the density~ open space~ and bulk regulation requirements appli-
cable to such use in the sub urban commercial district,
h. Marine repair services~ including engine and fishing gear repair, provided that such uses are intended to serve the
needs of the commercial fishing industry ~
i. Replacement of an existing antenna-supporting structure pursuant to Section 9 .64.050(B)~
J. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C),
k. Attached wireless cOlnmunications facilities, as accessory uses, pursuant to Section 9.64.050(D)~
l. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F)~
370
9.34.190
m. Home occupation-special use permit required; commercial fishing does not require a special use permit;
2. Thl~ following uses are permitted as minor conditional uses in cOlnmercial fishing special district 5~ subject to the
standards and procedures set forth in Chapter 9.14:
a. Uses permitted in sub urban comlnercial districts as minor conditional uses (Section 9.34.050(B))~ subject to the
density~ inh~nsity~ open space, and bulk regulation requirements applicable to such uses in the sub urban commercial dis-
trict~ except for comlnercial uses of high intensity of less than two thousand five hundred (2~500) feet in floor area (Section
9.34.050(B)(2))~ hotels of fewer than twenty-five (25) rooms (Section 9.34.050(B)(5))~ campgrounds (Section
9.34.050(B)(6))~ and light industrial uses (Section 9.34.050(B)(7))~
b. Restaurants greater than two thousand five hundred (2~500) square feet in floor area~ subject to the intensity~ open
space~ and bulk regulations requirements applicable to such use in the sub urban commercial district~
c. Stealth wireless communications facilities~ as accessory uses~ pursuant to Section 9.64.050(E)~
d. Satellite earth stations greater than or equal to two Ineters in diameter~ as accessory uses~ pursuant to Section
9 .64.050(F)~
3. The following uses are pennitted as major conditional uses in commercial fishing special district 5 subject to the
standards and procedures set forth in Chapter 9.14:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide~
b. The sale of goods and services is limited to fuel food~ boating, diving and sport fishing products,
c. Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pump-out
facility is available on-site~ and where the waste is treated in a permitted sewage treatment facility~
d. All outside storage areas are screened fro In adjacent residential uses by a solid fence~ wall or hedge at least six feet
in height~
e. Th~~ parcel proposed for development is separated from any established residential use by a class D bufferyard~
f. If lllarina slips are leased on any basis longer than month-to-month~ marinas in commercial fishing special district 5
shall lease at least twenty (20) percent of their docking slips on a month-to-month basis~ and comlnercial fishing boats shall
be given priority for those slips~
g. Each marina owner or operator~ for marinas in commercial fishing special district 5~ shall maintain a waiting list for
commercial fishing boats and give them first priority at the end of each one-month leasing period,
h. The following message shall be posted on one two-foot by four-foot sign~ on the seaward end of the most visible
pier or mooring~ and on the landward end of each pier~ at each marina in commercial fishing special district 5:
Fishing Boats
If you have problems finding dockage or if you have questions~ contact:
Name Phone No.
1. Ne\v antenna-supporting structures, pursuant to Section 9.64.050(A).
F. CFSD 6 (Located on Boca Chica).
1. Su~ject to the navigational marking of channels, as of right:
a. Cornmercial fishing~
b. Accessory equipment~
c. Replacement of an existing antenna-supporting structure pursuant to Section 9 .64.050(B)~
d. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
e. Attached wireless communications facilities as accessory uses, pursuant to Section 9.64.050(D)~
f. Satt~llite earth stations less than two meters in diameter~ as accessory uses, pursuant to Section 9.64.050(F)~
2. Su~ject to navigational marking of channels, as a minor conditional use:
a. Conlmercial retail~ low- and medium-intensity uses~ provided that the goods and services are related to or suppor-
tive of the commercial fishing industry~
b. Light industrial uses, including marine repair services, provided that such uses are intended to serve the needs of
the commercial fishing industry,
c. Stealth wireless comlnunications facilities~ as accessory uses, pursuant to Section 9.64.050(E)~
371
9.34.190
d. Satellite earth stations greater than or equal to two meters in dialneter~ as accessory uses~ pursuant to Section
9 .64.050(F)~
3. Subject to navigational marking of channels. as a major conditional use:
a. New antenna-supporting structures~ pursuant to Section 9.64.050(A).
G. CFSD 7 (Located on Boca Chica).
1. As of right:
a. Boat building~ repair and storage~
b. Maritime oriented commercial retail uses of less than five thousand (5~OOO) square feet of floor area~
c. Maritime oriented office uses of less than five thousand (5~000) square feet of floor area~
d. Light and heavy marine-oriented industrial uses~
e. Commercial fishing,
f. Manufacture, assembly~ repair, Inaintenance. and storage oftraps~ nets and other fishing equipment~
g. Institutional uses,
h. Public buildings and uses~
1. Accessory uses,
J. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
k. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C),
1. Attached wireless communications facilities. as accessory uses~ pursuant to Section 9.64.050(D)~
m. Satellite earth stations less than two meters in diameter~ as accessory uses, pursuant to Section 9.64.050(F)~
2. As a minor conditional use:
a. Marinas~ provided that there are no Ii ve-aboards.
b. Maritime-oriented commercial retail and office uses or any combination thereof of greater than five thousand
(5~000) but less than twenty thousand (20,000) square feet of floor area,
c. Stealth wireless communications facilities, as accessory uses~ pursuant to Section 9.64.050(E),
d. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses, pursuant to Section
9 .64.050(F)~
3. As a major conditional use:
a. Heliports, provided that:
1. The landing and departure approaches do not pass over established residential uses or known bird rookeries~ and
11. The use is fenced or otherwise secured from entry by unauthorized persons,
b. New antenna-supporting structures~ pursuant to Section 9.64.050(A).
H. CFSD 8 (Located on Big Pine).
1. Subject to the provision of a class C bufferyard along the boundary of the district with a residential district, as of
right:
a. Commercial fishing,
b. Detached dwellings.
c. Accessory uses,
d. Home occupation-special use permit required~ commercial fishing does not require a special use permit~
/ Subject to the provision of a class C bufferyard along the boundary of the district with a residential district, as a
minor conditional use:
a. Attached dwellings~ provided that the total floor area of residential uses in a commercial fishing area district does
not exceed twenty-five (25) percent of the land area in the commercial fishing area district~
b. Commercial retail, low- and medium-intensity uses, provided that the goods and services are related to or suppor-
tive of the commercial fishing industry,
c. Light industrial uses, including marine repair services~ provided that such uses are intended to serve the needs of
the commercial fishing industry~
3. As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
b. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F)~
4. Minor conditional uses:
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9.34.190
a. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
1. CFSD 9 (Located near Lower Matecumbe).
I. As of right:
a. Repair, lnaintenance and storage of traps.
1. CFSD 10 (Located on Lower Matecumbe).
I. As of right:
a. Manufacture, assembly, repair, maintenance and storage of traps;
b. Single-family detached dwellings.
K. CFSD II (Located on Upper Mateculnbe).
I. As of right:
a. Comlnercial vessel docking;
b. Manufacture, assembly, repair, maintenance and storage of traps and other fishing equipment.
L. CFSD 12 (Located on Big Pine).
I. Suibject to the limitation that no use shall involve a vessel that draws lnore than six feet, as of right:
a. Commercial fishing, excluding processing and packaging as well as trap storage and construction by persons other
than residents of the district,
b. Detached dwellings,
c. Accessory uses,
d. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F),
f. HOlne occupation-special use permit required; commercial fishing does not require a special use permit;
2. Subject to the limitation that no use shall involve a vessel that draws more than six feet, as a minor conditional use:
a. Attached dwellings, provided that the structures are separated from existing detached dwellings by one hundred
( 1 00) feet or a class D bufferyard,
b. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
M. CFSD 13 (Located on Summerland Key).
I. Subject to the limitation that no use shall involve a vessel that draws more than six feet, as of right:
a. Comlnercial fishing,
b. Detached dwellings,
c. ACl;;essory uses,
d. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F),
f. Home occupation-special use permit required; commercial fishing does not require a special use permit;
2. Subject to the limitation that no use shall involve a vessel that draws more than six feet, as a minor conditional use:
a. Attached dwellings, provided that the total floor area of residential uses in a commercial fishing area district does
not exceed twenty-five (25) percent of the land area in the commercial fishing area district,
b. COlll1nercial retail, low- and medium-intensity uses, provided that the goods and services are related to or suppor-
tive of the cOlnlnercial fishing industry,
c. Light industrial uses, including marine repair services, provided that such uses are intended to serve the needs of
the commercial fishing industry,
d. Mobilehomes,
e. Sah~llite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
N. CFSD 14 (Located on Marathon).
1. Subject to the limitation that no use shall involve a vessel that draws more than six feet, as of right:
a. COlnmercial fishing,
b. Detached dwellings,
c. Accessory uses;
2. Sul:~ject to the limitation that no use shall involve a vessel that draws more than six feet, as a minor conditional use:
373
9.34.190
a. Attached dwellings, provided that the total floor area of residential uses in a commercial fishing area district does
not exceed twenty-five (25) percent of the land area in the commercial fishing area district,
b. COlnmercial retaiL low- and Inedium-intensity uses, provided that the goods and services are related to or suppor-
tive of the comlllercial fishing industry,
c. Light industrial uses, including marine repair services, provided that such uses are intended to serve the needs of
the cOlnmercial fishing industry.
o. CFSD 15 (Located on Marathon).
I. Subject to the lilnitation that no use shall involve a vessel that draws more than six feet, as of right:
a. Commercial fishing,
b. Detached dwellings,
c. Accessory uses;
2. Subject to the limitation that no use shall involve a vessel that draws more than six feet, as a Ininor conditional use:
a. Attached dwellings, provided that the total floor area of residential uses in a cOlnlnercial fishing area district does
not exceed twenty-five (25) percent of the land area in the comlnercial fishing area district,
b. Commercial retail, low- and medium-intensity uses, provided that the goods and services are related to or suppor-
tive of the comlnercial fishing industry,
c. Light industrial uses, including Inarine repair services, provided that such uses are intended to serve the needs of
the commercial fishing industry.
P. CFSD 16 (Located at Conch Key).
I. CF A regulations apply per Section 934.170;
2. Mobilehomes pennitted in addition to detached dwellings as a Inatter of right;
3. Vacation rental use if a special vacation rental permit is obtained in accordance with Chapter 9.76;
4. As of right uses:
a. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
b. Satellite earth stations less than two Ineters in diameter, as accessory uses, pursuant to Section 9.64.050(F),
c. Home occupation-special use permit required; commercial fishing does not require a special use permit;
5. Minor conditional uses:
a. Satellite earth stations greater than or equal to two Ineters in diameter, as accessory uses, pursuant to Section
9.64.050(F).
Q. CFSD 17 (Located on Old Boca Chica Road).
1. Subject to the limitation that no use shall involve a vessel that draws more than two feet, as of right:
a. Commercial fishing~
b. Manufacture, assembly, repair, maintenance and storage of traps and nets, and
c. Vessels are restricted to outboard engines only;
2. Subject to the limitation that no use shall involve a vessel that draws more than two feet as a minor conditional use:
a. Detached residential dwellings provided that the total floor area does not exceed twenty-five (25) percent of the
land area in the commercial fishing special district;
3. Uses as of right:
a. Replacelnent of an existing antenna-supporting structure pursuant to Section 9.64.050(B),
b. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C),
c. Attached wireless comlnunications facilities, as accessory uses, pursuant to Section 9.64.050(0),
d. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F),
e. Hotne occupation-special use permit required~ commercial fishing does not require a special use permit;
4. Minor conditional uses:
a. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E),
b. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9 .64.050(F)~
5. Major conditional use:
a. New antenna-supporting structures, pursuant to Section 9.64.050(A),
b. New antenna-supporting structures, pursuant to Section 9.64.050(A).
R. CFSD 18 (Located on Lower Mateculnbe Key) and CFSO 19 (Located on Hog Key).
374
9.34.] 90
1. Uses permitted as a matter of right:
a. US1es pennitted as a matter of right in the sub urban commercial district (Section 9.34.050(A))~ subject to the den-
sity~ intensity., open space~ and bulk regulation requirements applicable to those uses in the sub urban commercial district~
except for commercial recreation uses (Section 9.34.050(A)(4)).,
b. COlnmercial fishing,
c. Detached dwellings,
d. Attached dwellings of less than six units, subject to the density, open space, and bulk regulation requirements ap-
plicable to such use in the sub urban commercial district,
e. Fishing supply businesses., wholesale and retail fish houses., marine repair services (including engine and fishing
gear repair and hauling of vessels in and out of the water),
f. Restaurants of less than two thousand five hundred (2~500) square feet oftloor area~ subject to the intensity., open
space., and bulk regulation requirelnents applicable to such use in the sub urban comlnercial district., and
g. Boat building in CFSD 19 on Hog Key only, provided that:
I. It does not occupy more than twenty (20) percent of the site,
11. Fishing boats are part of the types of boats built, and
iii. Such facilities offer hull repair services to fishing boats~
2. The following uses are permitted as minor conditional uses in the commercial fishing special districts] 8 and] 9.,
subject to the standards and procedures set forth in Chapter 9.] 4:
a. Uses permitted in sub urban commercial districts as minor conditional uses (Section 9.34.050(B)) are permitted as
Ininor conditional uses in the commercial fishing area district, subject to the density, intensity~ open space~ and bulk regula-
tion requireJments applicable to those uses in the sub urban commercial district~ except for commercial retail uses of high
intensity of less than two thousand five hundred (2,500) square feet in tloor area (Section 9.34.050(B)(2))., hotels of fewer
than twenty.-five (25) rooms (Section 9.34.050(B)(5)), campgrounds (Section 9.34.050(B)(6))~ and light industrial uses (Sec-
tion 9.34.050(B)(7)),
b. Restaurants over two thousand five hundred (2,500) square feet oftloor area, subject to the intensity, open space,
and bulk regulation requirements applicable to such use in the sub urban commercial district~
3. Tht~ following uses are permitted as major conditional uses in the commercial fishing special districts] 8 and 19~
subject to the standards and procedures set forth in Chapter 9. ]4:
a. Marinas and boat chartering, provided that:
1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide.,
II. Tht~ sale of goods and services is limited to fuel, food., boating, diving and sport fishing products.,
111. Vessels docked or stored shall not be used for live-aboard purposes., except when a permitted sewage pump-out
facility is available on-site~ and where the waste is treated in a permitted sewage treatment facility~
iv. All outside storage areas are screened from adjacent residential uses by a solid fence~ wall or hedge at least six feet
in height,
v. ThE~ parcel proposed for development is separated from any established residential use by a class D bufferyard~
vi. If 1l1arina slips are leased on any basis longer than month-to-month., marinas in commercial fishing area districts
shall lease at least twenty (20) percent of their docking slips on a Inonth-to-month basis, and commercial fishing boats shall
be given priority for those slips,
vii. Each marina owner or operator, for marinas in commercial fishing areas, shall maintain a waiting list for COlnmer-
cial fishing boats and give theln first priority at the end of each one-month leasing period.,
viii. The following message shall be posted on one two-foot by four-foot sign, on the seaward end of the most visible
pier or mooring, and on the landward end of each pier., at each marina in a commercial fishing area district:
Fishing Boats
If you have problems finding dockage or if you have questions, contact:
Nalne Phone No.
375
9.34.190
b. Heliports in CFSD 18 on Lower Mateculnbe Key only, provided that:
i. The helicopter is associated with a government service facility, a law enforcement element., or a lnedical services
facility,
11. The heliport is a Federal Aviation Administration certified landing facility, if such certification is applicable,
111. The landing and departure approaches do not pass over established residential uses or known bird rookeries,
iv. If there are established residential uses within five hundred (500) feet of the parcel proposed for development, the
hours of nonelnergency operation shall be limited to daylight, and
v. The use is fenced or otherwise secured from entry by unauthorized persons.
S. CFSD 20 (Located on Little Torch Key).
1. The following uses are permitted as of right:
a. Commercial fishing,
b. Wholesale sales of catch,
c. Manufacture, asselnbly, repair, maintenance and storage of traps for use by the property owners, residents, and their
respective immediate families only,
d. Fuel storage tanks offive hundred (500) gallons or less in size, installed consistent with fire marshal standards and
other applicable safety regulations,
e. Detached dwellings,
f Replacement of mobileholnes existing as of the date of this section,
g. Accessory uses,
h. Replacement of docks in existence as of the date of this section, regardless of the percentage ofreplacelnent neces-
sary,
1. Home occupations,
j. New docks with a tenninal platform of two hundred (200) square feet or less, if in compliance with county and state
regulations,
k. Collocations on existing antenna supporting structures, pursuant to Section 9.64.050(C),
I. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to Section 9.64.050(F),
In. Home occupation-special use permit required~ commercial fishing does not require a special use permit
2. These as of right uses, subsections (S)( 1 )(a) through (h) of this section, are subject to the following limitations:
a. Commercial fishing uses shall be limited to the property owners, residents, and their respective immediate families,
b. No use shall involve a vessel that draws more than three feet of water,
c. Wholesale sales shall be limited to the catch off-loaded from vessels operated by the property owners, occupants,
and their respective ilnmediate families~
3. The following uses are permitted as minor conditional uses in the commercial fishing special district 20, subject to
the standards and procedures set forth in Chapter 9. 14:
a. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to Section
9.64.050(F)~
4. No lnajor conditional uses shall be pennitted~
5. The allocated residential density and the maximum net residential density for this district shall be one single-falnily
dwelling unit per acre, or one single-family dwelling unit per parcel for those parcels existing as of the date of this section,
whichever is less. In spite of land use intensity, Section 9.38.0 I 0, this residential density shall be allowed in addition to the
nonresidential uses pennitted above, with the floor area and open space ratios to be determined pursuant to Section
9.38.090.
T. Major Conditional Uses. The following uses are pennitted in the cOlnlnercial fishing special districts 3, 5, 6, 7, 8,
13, 14 and 15 as lnajor conditional uses:
I. Marinas and boat chartering, provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products,
c. Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout fa-
cility is available on-site, and where the waste is treated in a permitted sewage treatment facility,
d. All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in
height,
376
9.34.200
e. The parcel proposed for developlnent is separated from any established residential use class D bufferyard,
f. No displacement of existing commercial fishing dockage or area,
g. No less than fifty (50) percent of the dock area shall be devoted exclusively to commercial fishing, and
h. No less than fifty (50) percent of the district land area shall be utilized for other comlnercial fishing activities, such
as the storage and manufacture of traps~
2. Restaurants, dive shops, and other cOlnmercial uses under one thousand six hundred (1,600) square feet per shop,
provided that:
a. There is no displacement of existing commercial fishing dockage or area,
b. No less than fifty (50) percent of the dock area shall be devoted exclusively to commercial fishing, and
c. No less than fifty (50) percent of the district land area shall be utilized for other cOlnmercial fishing activities, such
as the storage and Inanufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fish-
ing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the devel-
oplnent and would reinforce the commercial fishing industry.
U. The following uses are permitted as of right in all commercial fishing special districts:
1. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
V. The following uses are permitted as major conditional uses in all commercial fishing special districts, subject to the
standards and procedures set forth in Chapter 9.14:
1. Wastewater treatlnent facilities and wastewater treatment collection system( s) serving (a) usee s) located in any land
use district provided that:
a. Thl~ wastewater treatment facility and wastewatertreatlnent collection system(s) is (are) in compliance with all fed-
eral, state, and local requirements,
b. Thl~ waste\\t'ater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened
by structure(s) designed to be architecturally consistent with the character of the surrounding community and minimize the
ilnpact of any outdoor storage, temporary or permanent, and
c. In addition to any district boundary buffers set forth in Chapter 9.52, a planting bed, eight feet in width, to be meas-
ured perpendicular to the exterior of the screening structure shall be established with the following:
i. One native canopy tree for every twenty-five (25) linear feet of screening structure~ and one understory tree for
every ten (10) linear feet of screening structure,
ii. The required trees shall be evenly distributed throughout the planting bed,
Ill. The planting bed shall be installed as set forth in Chapter 9.52 and maintained in perpetuity, and
IV. A solid fence may be required upon determination by the planning director. (Ord. 007-2003 ~~ ]4-22~ prior code
~ 9.5-247)
9.34.200 Mixed use district (MU).
A. Tht~ following uses are permitted as of right in the mixed use district:
1. Detached residential dwellings~
2. COlnmercial retail, low- and mediuln-intensity and office uses, or any combination thereof of less than two thou-
sand five hundred (2,500) square feet of floor area~
3. Institutional residential uses, involving less than ten (10) dwelling units or rooms~
4. COlrunercial apartments involving less than six dwelling units, but, tourist housing use, including vacation rental
use, of comlnercial apartments is prohibited~
5. COlnmercial recreational uses limited to:
a. BO'N ling alleys,
b. Termis and racquet ball courts,
c. Miniature golf and driving ranges,
d. ThE~aters,
e. Health clubs,
f. Swimming pools~
6. COlnmercial fishing~
7. Manufacture, asselnbly, repair, maintenance and storage of traps, nets and other fishing equipment~
8. Institutional uses and accessory residential uses involving less than ten (] 0) dwelling units or rooms~
377
9.34.200
9. Public buildings and uses~
10. Home occupations-special use permit required~
11. COlnlnunity parks~
12. Accessory uses~
13. Vacation rental use of detached dwelling units is permitted if a special vacation rental pertnit is obtained under the
regulations established in Chapter 9. 76~
14. Replacement of an existing antenna-supporting structure pursuant to Section 9 .64.050(B)~
15. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
16. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(D)~
17. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E)~
18. Satellite earth stations less than two meters in dialneter, as accessory uses, pursuant to Section 9.64.050(F)~
19. Attached and unattached residential dwellings involving less than six units, designated as employee housing as pro-
vided for in Section 9.38.060~
20. Wastewater nutrient reduction cluster systems that serve less than ten (10) residences.
B. The following uses are pennitted as minor conditional uses in the mixed use district, subject to the standards and
procedures set forth in Chapter 9.14:
1. Attached residential dwelling units, provided that:
a. The total number of units does not exceed four, and
b. The structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development~
2. COlnmercial recreational uses, provided that:
a. The parcel of land proposed for development does not exceed five acres,
b. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and
c. All outside lighting is designed and located so that light does not shine directly on any established residential use~
3. Commercial retail, low- and medium-intensity and office uses or any combination thereof of greater than two thou-
sand five hundred (2,500) but less than ten thousand (10,000) square feet of floor area, provided that access to U.S. I by
way of:
a. An existing curb cut,
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet~
4. Commercial retail, high-intensity uses, and office uses or any combination thereof of less than two thousand five
hundred (2,500) square feet of floor area provided that access to U.S. 1 is by way of:
a. An existing curb cut,
b. A signalized intersection, or
c. A curb cut that is separated froln any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
5. COlnmercial apartments involving six to eighteen (18) dwelling units, provided that:
a. The hours of operation of the cOlnmercial uses are compatible with residential uses, and
b. Access to U.S. I is by way of:
I. An existing curb cut,
H. A signalized intersection, or
HI. A curb cut that is separated from any other curb cut on the same side of U.S. I by at least four hundred (400) feet,
c. Tourist housing uses, including vacation rental uses, of cOlnmercial apartments are prohibited~
6. Institutional residential uses involving ten (10) or Inore dwelling units or rooms, providing that:
a. The use is compatible with land use established in the immediate vicinity of the parcel proposed for developlnent,
and
b.
I.
II.
HI.
c.
7.
Access to U.S. 1 is by way of:
An existing curb cut,
A signalized intersection, or
A curb cut that is separated from any other curb cut on the same side of U.S. ] by at least four hundred (400) feet,
Tourist housing uses, including vacation rental use, of institutional residential dwelling units is prohibited~
Hotels of fewer than fifty (50) rooms provided that:
378
9.34.200
a. The use is cOlnpatible with established land uses in the immediate vicinity~ and
b. Onte or Inore of the following amenities are available to guests:
I. S\\1imming pooL
II. Marina~ and
Ill. Tennis courts;
8. Calnpgrounds~ provided that:
a. The parcel proposed for development has an area of at least five acres~
b. The operator of the calnpground is the holder of a valid Monroe County occupationallicense~
c. If the use involves the sale of goods and services~ other than the rental of camping sites or recreational vehicle park-
ing spaces~ such use does not exceed one thousand (1 ~OOO) square feet and is designed to serve the needs of the campground~
and
d. The parcel proposed for development is separated froln all adjacent parcels of land by at least a class C bufferyard;
9. Light industrial uses~ provided that:
a. The parcel proposed for development is less than two acres~
b. The parcel proposed for development is separated from any established residential use by at least a class C buffer-
yard~ and
c. All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height;
10. Parks and comlnunity parks;
11. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses~ pursuant to Section
9.64.050(F);
12. Attached and unattached residential dwellings involving six to eighteen (18) units~ designated as employee housing
as provided for in Section 9.38.060.
C. The following uses are permitted as major conditional uses in the mixed use district subject to the standards and
procedures set forth in Chapter 9.14:
I. Co:mmercial retail~ low- and medium-intensity uses~ and office uses or any combination thereof of greater than ten
thousand (I O~OOO) square feet in floor area~ provided that access to U.S. 1 is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet;
2. COlnmercial retail~ high-intensity uses~ and office uses or any combination thereof of greater than two thousand five
hundred (2~.s00) square feet in floor area provided that access to u.s. 1 is by way of:
a. An existing curb cut~
b. A signalized intersection~ or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet;
3. Attached residential dwelling units~ provided that:
a. Tht~ structures are designed and located so that they are visually compatible with established residential develop-
ment within two hundred fifty (250) feet of the parcel proposed for development~ and
b. Tht~ parcel proposed for development is separated from any established residential use by a class C bufferyard;
4. Marinas~ provided that:
a. Tht~ parcel proposed for development has access to water at least four feet below mean sea level at mean low tide~
b. Tht~ sale of goods and services is lilnited to fuel~ food~ boating~ diving and sport fishing products~
c. All outside storage areas are screened from adjacent uses by a solid fence~ wall or hedge at least six feet in height~
and
d.
5.
I.
II.
Ill.
and
a.
b.
The~ parcel proposed for development is separated from any established residential use by a class C bufferyard:
Hotels providing fifty (50) or more rooms~ provided that:
The~ hotel has restaurant facilities on or adjacent to the premises~
Access to U. S. 1 is by way of:
An existing curb cut~
A s:lgnalized intersection~ or
A curb cut that is separated from any other curb cut on the same side ofU .S. 1 by at least four hundred (400) feet~
379
9.34.210
c. The parcel proposed for development is separated froln any established residential use by a class C bufferyard~
6. Heliports or seaplane ports, provided that:
a. The helicopter is associated with a governmental service facility, a law enforcement elelnent or a medical services
faci I ity,
b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility,
c. The landing and departure approaches do not pass over established residential uses or known bird rookeries,
d. If there are established residential uses within five hundred (500) feet of the parcel proposed for development., the
hours of operation shall be lilnited to daylight, and
e. The use if fenced or otherwise secured from entry by unauthorized persons~
7. Light industrial uses., provided that:
a. The parcel proposed for development is greater than two acres,
b. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and
c. The use is cOlnpatible with land uses established in the immediate vicinity of the parcel proposed for development~
8. Boat building or repair in conjunction with a marina or cOlnmercial fishing use provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products,
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height,
and
d. The parcel proposed for development is separated from any established residential use by a class C bufferyard~
9. Mariculture~
10. New antenna-supporting structures., pursuant to Section 9.64.050(A)~
II. Land use overlays A, E, PF, subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320~
12. Attached and unattached residential dwellings involving more than eighteen ( 18) units, designated as employee
housing as provided for in Section 9.38.060. (Ord. 007-2003 9 23~ prior code 9 9.5-248)
9.34.210 Industrial district (I).
A. The following uses are permitted as of right in the industrial district:
I. Restaurants of less than five thousand (5,000) square feet of floor area~
2. Office uses of less than five thousand (5,000) square feet of floor area;
3. Manufacturing, assembly and storage of goods and materials;
4. COlnmercial apartments involving less than six dwelling units;
5. Commercial fishing;
6. Institutional uses:
7. Light industrial uses;
8. Public buildings and uses:
9. Accessory uses:
10. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
11. Collocations on existing antenna-supporting structures., pursuant to Section 9.64.050(C);
12. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(0);
13. Stealth wireless comlnunications facilities, as accessory uses, pursuant to Section 9.64.050(E);
14. Satellite earth stations, as accessory uses, pursuant to Section 9.64.050(F);
15. Required parking set forth in Chapter 9.50 serving a principal use or structure that is located in another land use
district and is located on (a) parcel(s) of land that is contiguous to the principal use.
B. The following uses are permitted as minor conditional uses in the industrial district., subject to the standards and
procedures set forth in Chapter 9. 14:
1. Office uses of five thousand (5,000) to twenty thousand (20.,000) square feet in floor area provided that access to
U.S. I is by way of:
a. An existing curb cut,
b. A signalized intersection, or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet:
2. Commercial apartments involving more than six dwelling units., provided that:
380
9.34.220
a. The hours of operation of the comlnercial uses proposed in conjunction with the apartments are compatible with
residential uses, and
b. Access to U.S. I is by way of:
1. An existing curb cut,
11. A signalized intersection, or
111. A curb cut that is separated froln any other curb cut on the same side ofU .S. I by at least four hundred (400) feet~
3. New antenna-supporting structures, pursuant to Section 9.64.050(A)~
4. Wastewater treatment facilities and wastewater treatment collection system(s) serving (a) use(s) located in another
land use district land provided that:
a. Thl~ wastewater treatment facility and wastewater treatlnent collection system(s) is (are) in compliance with all fed-
eral, state, and local requirements, and
b. Thl~ wastewater treatment facility, wastewater treatment collection systeln(s), and accessory uses shall be screened
by structure'( s) designed to:
i. Be architecturally consistent with the character of the surrounding cOInmunity,
11. Minimize the impact of any outdoor storage, temporary or permanent, and
iii. A solid fence may be required upon determination by the planning director, and
c. Where a district boundary buffer is not required as set forth in Chapter 9.52, a planting bed, eight feet in width,
shall be established to buffer the facility, with the following:
1. One native canopy tree for every twenty-five (25) linear feet of fence,
11. One understory tree for every ten (10) linear feet of fence,
111. Th(~ required trees shall be evenly distributed throughout the planting bed, and
IV. The planting bed shall be installed as set forth in Chapter 9.52 and Inaintained in perpetuity.
C. The following uses are permitted as major conditional uses in the industrial district, subject to the standards and
procedures set forth in Chapter 9. 14:
I. Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below Inean sea level at mean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products, and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height~
2. Resource extraction, provided that:
a. Tht~ parcel proposed for excavation is a part of a lawfully operated, active quarry on the effective date of this title,
b. Excavation equipment is screened from view by any established residential use, and
c. A n;~clamation plan is prepared and implemented in accordance with the requirelnents of the plan~
3. Heavy industrial uses, provided that:
a. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height,
and
b.
4.
249)
Tht:: parcel proposed for development is separated from any established residential use by a class F bufferyard~
Land use overlays A, E, PF, subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320. (Prior code S 9.5-
9.34.220 Maritime industries district (MI).
A. The' following uses are permitted as of right in the maritime industries district:
I. Boat building, repair and storage~
2. Cornmercial retail uses of less than five thousand (5,000) square feet of floor area;
3. Office uses of less than five thousand (5,000) square feet of floor area;
4. Light and heavy industrial uses;
5. Corolnercial apartlnents involving less than six dwelling units, but tourist housing uses., vacation rental use, of com-
mercial apartments is prohibited;
6. Cornmercial fishing;
7. Manufacture, assembly, repair, maintenance and storage of traps, nets and other fishing equipment;
8. Institutional uses~
9. Public buildings and uses~
381
9.34.230
10. Accessory uses~
II. Vacation rental use of any nonconforming dwelling units if a special vacation rental pennit is obtained under the
regulations established in Chapter 9. 76~
12. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
13. Collocations on existing antenna-supporting structures, pursuant to Section 9 .64.050(C)~
14. Attached wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(D)~
15. Stealth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E)~ and
16. Satellite earth stations, as accessory uses, pursuant to Section 9.64.050(F).
B. The following uses are pennitted as minor conditional uses in the maritilne industries district, subject to the stan-
dards and procedures set forth in Chapter 9. 14:
1. Commercial apartments involving Inore than six dwelling units, provided that:
a. The hours of operation of the commercial uses proposed in conjunction with the apartments are compatible with
residential uses, and
b. Access to U.S. I is by way of:
1. An existing curb cut,
11. A signalized intersection, or
Ill. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet,
c. Tourist housing uses, including vacation rental use of cOlnmercial apartments is prohibited~
2. Hotels of fewer than fifty (50) rooms, provided that:
a. The use is compatible with established land uses in the immediate vicinity, and
b. One or more of the following amenities are available to guests:
1. Swimming pool,
11. Marina, and
Ill. Tennis courts:
3. New antenna-supporting structures, pursuant to Section 9.64.050(A).
C. The following uses are permitted as major conditional uses in the maritiIne industries district, subject to the stan-
dards and procedures set forth in Chapter 9. 14:
1. Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises, and
b. Access to U.S. 1 is by way of:
1. An existing curb cut,
11. A signalized intersection, or
Ill. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least four hundred (400) feet~
2. Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean sea level at Inean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products, and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height~
3. Mariculture, provided that:
a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development,
b. The parcel proposed for development is separated froln any established residential uses by at least a class C buffer-
yard, and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height~
4. Land use overlays A, E, PF, subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320. (Prior code ~ 9.5-
250)
9.34.230 Military facilities district (MF).
A. The following uses are permitted as of right in the military facilities district:
I. Detached residential dwellings~
2. Attached residential dwellings~
3. COlnmercial retail uses~
4. Institutional uses~
382
9.34.240
5. Institutional residential;
6. Offices;
7. Public buildings or uses;
8. Airports;
9. Accessory uses;
10. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B);
11. Collocations on existing antenna-supporting structures pursuant to Section 9.64.050(C);
12. Attached wireless comlnunications facilities, as accessory uses, pursuant to Section 9.64.050(0);
13. Satellite earth stations, as accessory uses, pursuant to Section 9.64.050(F);
14. Ste'alth wireless communications facilities, as accessory uses, pursuant to Section 9.64.050(E).
B. The following uses are pennitted as major conditional uses in the military facilities district~ subject to the standards
and procedures set forth in Chapter 9.14:
1. Marinas, provided that:
a. Tht~ parcel proposed for development has access to water at least four feet below mean sea level at mean low tide,
and
b.
2.
3.
251 )
Thl~ sale of goods and services is limited to fuel~ food, boating, diving and sport fishing products;
New antenna-supporting structures~ pursuant to Section 9.64.050(A);
Land use overlays A, E, PF, subject to provisions of Sections 9.34.290, 9.34.300 and 9.34.320. (Prior code S 9.5-
9.34.240 Airport district (AD).
A. These districts provide classifications of property for existing or future airports and regulate uses within the
boundaries of public and private airports, and uses around, adjacent~ and in the approach zones of public and private airports
in order to:
1. Establish the control of obstructions and construction of structures affecting navigable airspace in accordance with
criteria delineated in Volume XI, Part 77 in Federal Aviation Regulations, Florida Departlnent of Transportation regula-
tions, and this section;
2. Protect airports against encroachment, to implement appropriate noise abatement strategies~ and to regulate devel-
opment and reduce public exposure of community activities which are not compatible with airport operations;
3. Control uses within the public and private airport property boundaries.
B. In order to carry out the provisions of this section~ there are created and established a zone known as airport district
(AD) for public and military airports, and a zone known as private airport district (PAD) for private airports. There are cre-
ated and established overlay zones around and adjacent to public., private and military airports in Monroe County. Within
the AD, PAl) and overlay zones, certain height limitations are specified to prevent airspace obstruction~ and the use limita-
tions apply. An area located in Inore than one zone described herein is considered to be only in the zone with the more re-
strictive limitations.
C. Airport District (AD), Public and Military Airports. The following uses are permitted as minor conditional uses in
the airport district, subject to the standards and procedures set forth in Chapter 9.14:
1 . Wastewater treatlnent facilities and wastewater treatlnent collection system(s) serving ( a) usee s) located in any land
use district provided that:
a. ThE~ wastewater treatment facility and wastewater treatment collection system( s) is (are) in cOlnpliance with all fed-
eral, state., and local requirements., and
b. The: wastewater treatment facility, wastewater treatment collection system(s)., and accessory uses shall be screened
by structure(s) designed to:
i. Be architecturally consistent with the character of the surrounding cOlnmunity.,
11. Minimize the impact of any outdoor storage, temporary or permanent., and
Ill. A solid fence may be required upon determination by the planning director., and
c. Where a district boundary butTer is not required as set forth in Chapter 9.52., a planting bed, eight feet in width,
shall be established to buffer the facility., with the following:
i. OnE~ native canopy tree for every twenty-five (25) feet of property line.,
ii. OnE~ understory tree for every ten (10) feet of property line.,
383
9.34.240
Ill. The required trees shall be evenly distributed throughout the planting bed~ and
IV. The planting bed shall be installed as set forth in Chapter 9.52 and maintained in perpetuity:
2. Within the property boundaries of public airports~ airport uses of less than five thousand (5~000) square feet of en-
closed area shall require a minor conditional review. Airport uses offive thousand (5~000) square feet or more of enclosed
space shall require a major conditional review. Within the overlay zones of public and military airports~ those uses pennitted
shall cOlnply with the height standards and the lilnitations set forth in the horizontal~ conical approach~ and transitional
zones described in subsection (C)(3) of this section~
3. Public airport height zones and limitations for the airport district and overlays:
a. Primary zone: the area longitudinally centered on each runway with the same length as the runway and is two thou-
sand (2~000) feet wide. No structure that is not a part of the landing and takeoff area is permitted in the primary zone that is
of greater height than the nearest point on to the runway.
b. Clear zone: the area extending one thousand (1 ~OOO) feet off each end of a primary surface and is the same width as
the prilnary surface. No structure not a part of the landing and takeoff area is permitted that is a greater height than the end
of the runway.
c. Inner horizontal zone: the area extending outward froln the periphery of the primary zone with an outer perilneter
formed by swinging arcs of seven thousand five hundred (7 ~500) feet radius about the center line at the end of each primary
zone and connecting adjacent arcs by lines tangent to these arcs. No structure will be pennitted in the inner horizontal zone
of greater height than one hundred fifty-six (156) feet MSL.
d. Conical zone: the area extending outward from the periphery of the inner horizontal zone for a distance of seven
thousand (7 ~OOO) feet. Height limits in the conical zone cOlnlnence at one hundred fifty-six (156) feet MSL at the inner
boundary where it adjoins the inner horizontal zone and increases in permitted height at a rate of one foot vertically for
every twenty (20) feet of horizontal distance measured outward from the inner boundary to a height of five hundred six
(506) feet MSL at the outer boundary.
e. Outer horizontal zone: the area extending outward from the outer periphery of the conical zone for a distance of
thirty thousand (30,,000) feet. The height limit within the outer horizontal zone is five hundred six (506) feet MSL.
f. Approach zone: the area longitudinally centered on each runway extended center line~ with an inner boundary two
hundred (200) feet out froln the end of the runway and the same width as the primary zone~ then extending outward for a
distance of fifty thousand (50~000) feet~ expanding uniformly in width to sixteen thousand (16~000) at the outer boundary.
Height limits within the approach zones commence at the height of the runway end and increase at the rate of one foot verti-
cally for every fifty (50) feet horizontally for a distance of twenty-five thousand (25,,000) feet~ at which point it relnains
level at five hundred six (506) feet MSL to the outer boundary.
g. Transitional zone: the area within an inner boundary fonned by the side of the primary zones~ the first two hundred
(200) feet of the clear zones and the approach zones~ then extending outward at right angles to the runway center line and
extended center line until the height matches the adjoining inner horizontal zone~ conical zone~ and outer horizontal zone
height limit. The height lilnit at the inner boundary is the same as the height of the adjoining zone and increases at the rate
of one foot vertically for every seven feet horizontally to the outer boundary of the transitional zone" where it again matches
the height of the adjoining zone.
h. Restrictions for Military Airports. Privately owned property adjacent to the Naval Air Station~ Boca Chica~ also
known as NAS Key West~ shall be developed in accordance with the map prepared by the U.S. Navy known as figure A or
as updated by the U.S. Navy. This map was prepared in conjunction with the United States Navy~s Air Installation Com-
patible Use Zone Study (AICUZ). A true copy of figure A is attached to the ordinance codified in this section and made a
part of this subsection.
i. The land use objectives set forth in figure A and the accompanying land use objectives matrix set forth in figure B
were determined by evaluating the airport operations at NAS Key West~ in tenns of composite noise rating (CNR) zones
and accident potential zones (APZ). A copy of figure B is attached to the ordinance codified in this section and made a part
of this subsection.
ii. The land use objective shown in figure A and figure B shall be used in determining the allowable land uses for the
various AICUZ. Each land use category was evaluated in terms of compatibility for each land use in terms of density of
population~ density of structures" explosion hazards~ air pollution height obstructions~ accident potential zones~ and compos-
ite noise rating zones. The evaluation resulted in ratings of:
(A) No new development~
384
9.34.240
(B) Restricted new developlnent, and
(C) No restrictions.
Ill. Land use categories were rated as "restricted new developlnent" if any activity or activities within the category
were classified as incompatible. The various AICUZ are coded as follows:
(A) ACI~ident potential zone A (APZ-A), the most critical accident potential zone,
(B) B3: Accident potential zone B (APZ-B), the area which has an identifiable accident potential but less than APZ-A,
(C) B2.: Accident potential zone C (APZ-C), the area which is less critical than APZ-C but still may possess potential
for accidents~ high noise impact, CNR zone 3,
(D) C2:: Accident potential zone C, moderate noise impact, CNR zone 2,
(E) C I: Accident potential zone C, low noise impact, CNR zone 1,
(F) 3: 1-1 igh noise impact, CNR zone 3,
(G) 2: 1~0 accident potential zone, Inoderate noise impact, CNR zone 2.
o. Private airport district (PAD), private airport:
1. Wi1thin the property boundary of the private airport, the following used are permitted as of right: noncommercial
aircraft landing, takeoff, storage, repair, maintenance and fueling. Commercial aircraft operations, including FBO activities,
may be pennitted by Ineans of a major conditional use permit. Uses within the overlay zones Inust cOlnply with the height
standards and the litnitation set forth in subsection (D)(2)(b )(i) and (ii) of this section.
2. Private Airport Height Zones and Limitations for Airport District and Overlays.
a. Private airport landing strip minimum lengths and widths:
1. Effl~ctive landing length shall be no less than one thousand eight hundred ( 1 ,800) feet~
11. Pritnary surface width shall be no less than one hundred (1 00) feet~ and
111. Usable width shall be no less than fifty (50) feet.
b. Private airport minimum landing approach zones:
i. ThE~ landing approach zone for private airports is a trapezoidal area increasing gradually in width from fifty (50)
feet to either side of the runway center line, at the ends of each usable runway, to a width of three hundred fifty (350) feet to
either side of the runway center line at a distance of three thousand (3,000) feet outward from the ends of each runway~ and
ii. Approach zones shall be clear of obstruction above a glide path of20: I from the ends of each usable runway. When
the approach zone to any runway crosses a road, the glide path must pass at least fifteen (15) feet above the edge of the
nearest traffic lane.
c. Restrictions, private airports:
i. No lestablishments or uses shall be allowed that emit smoke, gas or dust in quantities or densities sufficient to jeop-
ardize the safe use of private airports~
ii. No development approval or building permit shall be granted for the construction of any structure to be located
within a private airport district or overlay zone which when built would constitute an airspace obstruction height that would
cause a minimuln obstruction altitude, a minimum descent altitude, or a decision height to be changed or a threshold to be
displaced, or to interfere with the required approach glide slope~ and
iii. No property owner within the private airport district or overlay shall be permitted to grow or maintain trees to
heights in excess of those provided herein for structures.
E. The following uses are pennitted as of right in the airport district, subject to the standards and procedures set forth
in Chapter 9.14:
1. Collocations on existing antenna-supporting structures, pursuant to Section 9.64.050(C)~
2. SatE~llite earth stations, as accessory uses, pursuant to Section 9.64.050(F).
F. The following uses are permitted as minor conditional uses in the airport district, subject to the standards and pro-
cedures set forth in Chapter 9. 14:
1. Attached wireless comlnunications facilities, as accessory uses, pursuant to Section 9.64.050(D)~
2. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
3. Stealth wireless cOlnmunications facilities, as accessory uses, pursuant to Section 9.64.050(E). (Ord. 031-2003 S I ~
prior code S 9.5-252)
385
9.34.250
9.34.250 Park and refuge district (PR).
A. The following uses are pennitted as of right in the park and refuge district:
I. Active and passive recreational uses~ but not including recreational vehicles~
2. Marinas~
3. Public buildings and uses~
4. Collocations on existing antenna-supporting structures~ pursuant to Section 9 .64.050(C)~
5. Attached wireless communications facilities as accessory uses~ pursuant to Section 9.64.050(D)~
6. Satellite earth stations~ as accessory uses~ pursuant to Section 9.64.050(F).
B. The following uses are pennitted as minor conditional uses in the park and refuge district~ subject to the standards
and procedures set forth in Chapter 9.14:
1 . Campgrounds~ provided that:
a. The parcel proposed for development has an area of at least five acres~
b. Operator of the calnpground is the holder of a valid Monroe County occupationallicense~ and
c. The use does not involve the sale of goods and services other than rental of calnping sites~ recreational vehicle
parking spaces or the sale of goods and services~ lilnited to the needs of the campers~ not exceeding one thousand (1 ~OOO)
square feet~
2. Hotels of fewer than twelve (12) rooms~ provided that:
a. The parcel proposed for development has an area of at least one acre~
b. All signage is limited to that permitted for a residential use~
c. The parcel proposed for development is separated from any establishment residential use by at least a class 0 buff-
eryard~ and
d. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for developlnent~
3. Replacement of an existing antenna-supporting structure pursuant to Section 9.64.050(B)~
4. Stealth wireless comlnunications facilities~ as accessory uses~ pursuant to Section 9.64.050(E).
C. The following uses are permitted as major conditional uses in the park and refuge district~ subject to the standards
and procedures set forth in Chapter 9.14:
l. Land use overlays A~ E~ INS~ PF~ subject to provisions of Sections 9.34.290 through 9.34.320. (Prior code * 9.5-
253)
9.34.260 Conservation district (CD).
A. The following uses are permitted as of right in the conservation district~ pursuant to the standards and procedures
set forth in Chapter 9. ] 4:
1. Passive recreational use~
2. Collocations on existing antenna-supporting structures~ pursuant to Section 9.64.050(C)~
3. Satellite earth stations less than two meters in diameter as accessory uses~ pursuant to Section 9.64.050(F).
B. The following uses are permitted as minor conditional uses in the conservation district~ pursuant to the standards
and procedures set forth in Chapter 9. ]4:
I. Satellite earth stations greater than or equal to two meters in diameter~ as accessory uses~ pursuant to Section
9.64.050(F). (Prior code S 9.5-254)
9.34.270 Commercial fishing residential.
Notwithstanding the use restrictions set forth in this chapter~ any parcel of land may be used for commercial fishing pur-
poses~ provided that:
A. The parcel of land was used for comlnercial fishing purposes on July 17 ~ 1985~ by that resident or a melnber of his
or her immediate falnily~
B. The commercial fishing activity is operated by a resident of the parcel of land or the resident ofa contiguous parcel
of land~
C. The commercial fishing activity is limited to:
l. The operation of comlnercial fishing vessels owned by a resident of the property~
2. The nonmechanical off-loading of catch~
3. The storage of not more that ten (] 0) traps~ provided that the traps are screened from any adjacent residential use~
386
9.34.280
4. The seasonal loading and off-loading of fishing equipment and traps during a period of fifteen (15) days prior to
and three w1eeks after the opening and closing of any fishing season;
D. All fishing vessels are docked parallel to the shoreline within the property lines of the parcel used for commercial
fishing purposes;
E. Sport fishing charter boat and sport diving charter or activities are not conducted in the district;
F. The operator is the holder of a valid occupational license from Monroe County;
G. A sworn application was submitted to the board of county commissioners by an individual, not a corporation, for a
certification as a valid commercial fishing use within ninety (90) days after the effective date of the Monroe County COln-
prehensive plan. Any person who submits a false application and certification shall be ineligible for certification as a com-
Inercial use~ and the parcel of and subject to the application shall not be used for commercial fishing purposes; and
H. Tourist housing uses, including vacation rentals, are prohibited. (Prior code S 9.5-255)
9.34.280 Aggregation of development.
Any development which has or is a part of a common plan or theme of development or use, including but not lilnited to
an overall plan of development, common or shared amenities, utilities or facilities, shall be aggregated for the purpose of
determining or authorized development and compliance with each and every standard of this title and for the purpose of
determining the appropriate form of development review. (Prior code S 9.5-256)
9.34.290 Agricultural/aquacultural use overlay (A).
Any agrk~~ultural/aquacultural use identified in the Monroe County Year 20 10 Comprehensive Plan as Agriculture (A)
and further identified on the Monroe County Future Land Use Map with a designation of "A" may be overlaid on any new
or existing land use district. The use within the overlay district shall be subject to all land development regulations of the
underlying district with the exception of those regulations controlling density and intensity. The use within the overlay dis-
trict shall be~ developed with the following density and intensity regulations:
}\lIocated Density Maximum Net Density Maximum Inte.nsity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.25
o rooms/spaces N/A 0.25
(Prior code I~ 9.5-257.1)
9.34.300 Educational use overlay (E).
Any use identified in the Monroe County Year 20 1 0 COlnprehensive Plan as Education (E) and further identified on the
Monroe County Future Land Use Map with a designation of"E" may be overlaid on any new or existing land use district.
The use within the overlay district shall be subject to all land development regulations of the underlying district with the
exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with
the following density and intensity regulations:
i\lIocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A 0.30
(Prior code ~~ 9.5-257.2)
9.34.310 Institutional use overlay (INS).
Any use identified in the Monroe County Year 20 10 Comprehensive Plan as Institutional (INS) and further identified on
the Monroe 'County Future Land Use Map with a designation of "INS" may be overlaid on any new or existing land use
district. The use within the overlay district shall be subject to all land development regulations of the underlying district
387
9.34.320
with the exception of those regulations controlling density and intensity. The use within the overlay district shall be devel-
oped with the following density and intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
3--15 rooms/spaces 6-24 roolns/spaces 0.30
(Prior code ~ 9.5-257.3)
9.34.320 Public facilities use overlay (PF).
Any use identified in the Monroe County Year 20 1 0 Comprehensive Plan as Public Facilities (PF) and further identified
on the Monroe County Future Land Use Map with a designation of~"PF" may be overlaid on any new or existing land use
district. The use within the overlay district shall be subject to all land developlnent regulations of the underlying district
with the exception of those regulations controlling density and intensity. The use within the overlay district shall be devel-
oped with the following density and intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per buildable acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A 0.30
(Prior code ~ 9.5-257.4)
9.34.330 Public buildings/grounds use overlay (PH).
Any use identified in the Monroe County Year 2010 Comprehensive Plan as Public Buildings/Grounds (PB) and further
identified on the Monroe County Future Land Use Map with a designation of""PB" Inay be overlaid on any new or existing
land use district. The use within the overlay district shall be subject to all land development regulations of the underlying
district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be
developed with the following density and intensity regulations:
Allocated Density Maximum Net Density Maximum Intensity
(per acre) (per builda ble acre) (floor area ratio)
o du N/A 0.30
o rooms/spaces N/A 0.30
(Prior code S 9.5-257.5)
9.34.340 Coastal barrier resources system overlay district.
A. Purpose. The purpose of the coastal barrier resources system overlay district is to implement the policies of the
cOlnprehensive plan by prohibiting the extension and expansion of specific types of public utilities to or through lands des-
ignated as a unit of the coastal barrier resources system.
B. Application. The coastal barrier resources systeln overlay district shall be overlaid on all areas, except for Stock
Island, within federally designated boundaries of a coastal barrier resources system unit on current flood insurance rate
maps approved by the Federal Emergency Management Agency, which are adopted by reference and declared part of this
title. Within this overlay district, the transmission and/or collection lines of the following types of public utilities shall be
prohibited from extension or expansion: central wastewater treatment collection systems~ potable water~ electricity and tele-
phone and cable. This prohibition shall not preclude the maintenance and upgrading of existing public utilities in place on
the effective date of this section and shall not apply to wastewater nutrient reduction cluster systems. (Prior code S 9.5-258)
388
9.34.350
9.34.350 AICUZ overlay.
A. This district provides classifications of property for existing or future military airports and regulates uses around~
adjacent and in the approach zones of military airports in order to:
I. Establish the control of obstructions and construction of structures affecting navigable airspace in accordance with
criteria delineated in V olume XI~ Part 77 in Federal A viation Regulations~ Florida Departlnent of Transportation regula-
tions, and this section~ and
2. Protect military airports against encroachment~ to ilnplelnent appropriate noise abatement strategies~ and to regulate
development and reduce public exposure of community activities~ which are not compatible with Inilitary airport operations.
B. Restrictions for Military Airports. Privately owned property adjacent to the Naval Air Station~ Boca Chica~ also
known as NAS Key West~ shall be developed in accordance with the map prepared by the U.S. Navy known as figure A or
as updated iby the U.S. Navy. This map was prepared in conjunction with the United States Navy's Air Installation Com-
patible Use Zone Study (AICUZ). A true copy of figure A is attached to the ordinance codified in this section and made a
part of this subsection.
I. Thle land use objectives set forth in figure A and the accompanying land use objectives matrix set forth in figure B
were deternlined by evaluating the airport operations at NAS Key West~ in terms of composite noise rating (CNR) zones
and accident potential zones (APZ). A copy offigure B is attached to the ordinance codified in this section and made a part
of this subslection.
2. The land use objective shown in figure A and figure B shall be used in determining the allowable land uses for the
various AIC:UZ. Each land use category was evaluated in terms of compatibility for each land use in terms of density of
population, density of structures, explosion hazards~ air pollution height obstructions, accident potential zones, and cOlnpos-
ite noise rating zones. The evaluation resulted in ratings of:
i. No new development;
n. Restricted new development; and
iii. No restrictions.
3. Land use categories were rated as "restricted new development" if any activity or activities within the category
were classified as incompatible. The various AICUZ are coded as follows:
i. A: Accident potential zone A (APZ-A), the most critical accident potential zone;
ii. B3 : Accident potential zone B (APZ-B), the area which has an identifiable accident potential but less than APZ-A,
high noise impact, C~NR zone 3;
iii. B2: Accident potential zone B (APZ-B), the area has an identifiable accident potential but less than APZ-A, Inoder-
ate noise impact~ CNR zone 2;
iv. C3: Accident potential zone C (APZ-C), the area which is less critical than APZ-B but still may possess potential
for accidents; high noise impact~ CNR zone 3;
v. C2: Accident potential zone C~ moderate noise impact~ CNR zone 2;
VI. C 1 : Accident potential zone C, low noise impact~ CNR zone I;
vii. 3: ~~o accident potential zone; high noise impact~ CNR zone 3; and
viii. 2: ~~o accident potential zone~ moderate noise impact, CNR zone 2. (Ord. 031-2003 ~ 2)
389
9.36.0] 0
Chapter 9.36
HOME OCCUPATION SPECIAL USE PERMITS
Sections:
9.36.010
9.36.020
9.36.030
9.36.040
9.36.050
9.36.060
9.36.070
9.36.080
Applicability.
Applications.
Authority.
Review by the planning director.
Public notification of pending approval.
Decision by the planning director.
Public hearing on an application for a home occupation special use permit.
Revocation.
9.36.010 Applicability.
Home occupation special use permits Inay be approved in any zoning district in which residential use is allowed~ includ-
ing nonconforming residential uses where such use was otherwise lawfully established. (Ord. 007-2003 ~ 24 (part): prior
code S 9.5-259(a))
9.36.020 Applications.
Applications for home occupation special use permits shall be submitted to the planning director on forms provided by
the director. The application shall include a properly executed affidavit and agreelnent from the applicant attesting to and
agreeing to compliance with the standards and requirements for home occupations as outlined in this chapter. (Ord. 007-
2003 ~ 24 (part): prior code ~ 9.5-259(b))
9.36.030 Authority.
The planning director is authorized to approve and otherwise administer home occupational special use permits as spe-
cifically set forth in this chapter. (Ord. 007-2003 S 24 (part): prior code ~ 9.5-259(c))
9.36.040 Review by the planning director.
Within fifteen (] 5) working days of receiving a complete application~ the planning director shall determine whether the
proposed home occupation is consistent with the following standards and requirelnents:
A. The hOlne occupation is incidental and secondary to the residential use of the building~
B. The home occupation does not change the essential residential character of the use~
C. Not more than one person who is a nonresident of the dwelling unit is employed by the home occupation:
D. The home occupational use is not more than twenty (20) percent of the total floor area of the dwelling~
E. The hOlne occupation does not involve any retail sales or service which would require customers to visit the resi-
dence~ nor does the physical address of the residence appear on any advertising materials including stationary and business
cards~
F. The home occupation is not visible from any other residential structure:
G. No sign advertising the hOlne occupation is displayed on the premises~
H. The hOlne occupation does not involve the outdoor storage of any equipment or materials~
I. The home occupation does not utilize mechanicat electrical or other equipment which produces noise~ electrical or
magnetic interference~ vibration~ heat~ glare~ or other nuisance outside the residential building or accessory structure~
J. The home occupation does not increase the average daily automobile trips generated by the residence in which the
hOlne occupation is located~ and
K. Upon issuance ofa pennit~ the applicant must apply for and maintain an occupational license for the hOlne occupa-
tion where otherwise required. (Ord. 007-2003 S 24 (part): prior code S 9.5-259(d))
390
9.36.050
9.36.050 Public notification of pending approval.
The planning director., after determining that an application for a home occupation special use permit is in cOlnpliance
with the requirelnents of this chapter., shall give notice of the pending approval as follows:
A. Thl~ planning director shall provide written notice by regular mail to owners of real property located within three
hundred (300) feet of the property which is the subject of the proposed home occupation;
B. Thl~ applicant shall post the property of the proposed home occupation with a waterproof sign at least four square
feet in front surface area., which is so lettered as to be easily visible from all public streets and public ways abutting the
property. The property shall remain posted for no less than thirty (30) calendar days beginning within five working days of
the date that the application is deemed to be in compliance by the planning director; and
3. The above notices shall provide a brief description of the proposed home occupation and indicate where the public
Inay examine the application. The cost of providing this notice shall be borne by the applicant. (Ord. 007-2003 ~ 24 (part):
prior code s; 9.5-259(e))
9.36.060 Decision by the planning director.
After thiJ1y (30) calendar days of posting the property and upon a finding that the proposed home occupation complies
with all of the requirements of this chapter., the planning director shall issue a home occupational special use permit with or
without conditions. The permit and the affidavit attesting to compliance with the above requirements shall be filed with the
clerk of the court and recorded in the official records of Monroe County. The permit shall authorize only the current resident
of the dwelling unit for the particular home occupation proposed and shall not be transferable to another location or to an-
other person or entity. (Ord. 007-2003 ~ 24 (part): prior code S 9.5-259(f))
9.36.070 Public hearing on an application for a home occupation special use permit.
Ifrequested by the applicant., or an adversely affected owner or resident of real property located in Monroe County" dur-
ing the required thirty (30) calendar days of the posting., a public hearing date shall be scheduled on the application for a
home occupational special use permit. All costs related to the public hearing shall be the responsibility of the applicant. The
public hearing shall be conducted by the planning commission in accordance with the provisions of Section 9.10.060. (Ord.
007-2003 S 24 (part): prior code S 9.5-259(g))
9.36.080 Revocation.
The plamling director shall have the authority to initiate actions to revoke home occupation special use permits and all
such actions shall require a public hearing to be conducted before the planning commission in accordance with Chapter
9.06. The planning commission shall have the authority to revoke any home occupation special use permit where there is
competent and substantial evidence to establish any of the following:
A. That an application for home occupation special use approval contains knowingly false or misleading information;
B. A violation by the holder of a home occupation special use permit of any provision of this chapter;
c. A violation of any condition of the home occupation special use permit ilnposed pursuant to this chapter; or
D. That the home occupation constitutes a public or private nuisance under Florida law. (Ord. 007-2003 ~ 24 (part):
prior code S 9.5-259(h))
391
9.38.010
Sections:
9.38.010
9.38.020
9.38.030
9.38.040
9.38.050
9.38.060
9.38.070
9.38.080
9.38.090
9.38.100
Chapter 9.38
LAND USE INTENSITY AND DENSITY
Purpose and intent.
Maximum residential density and district open space.
Improved subdivision and commercial fishing village district densities.
Urban residential mobilehome district density.
Transferable development rights.
Affordable and employee housing-Administration.
Maximum hotel-motel, recreational vehicle and institutional residential densities.
Existing residential dwellings.
Maximum nonresidential land use intensities and district open space 1.
Commercial retail and multiple land use intensities and district open space.
9.38.010 Purpose and intent.
No structure or land in Monroe County shall hereafter be developed., used or occupied at an intensity or density greater
than the standards set out in this chapter. No density shall be allocated for any land designated as mangroves on the existing
conditions map.
The density and intensity provisions set out in this section are intended to be applied cUlnulatively so that no develop-
ment shall exceed the total density lilnits of this chapter. For example., if a development includes both residential and COln-
mercial development the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel
proposed for development. The following illustrates the intent of this section:
Developer owns a one-acre parcel of land in the mixed use (MU) district. The developer Inay build one dwelling unit., or
fifteen (15) hotel rooms or fifteen thousand (15.,000) square feet of office space~ or he or she may develop any cOlnbination
of these uses provided that he or she does not exceed the total density. The developer could build five thousand (5.,000)
square feet of office space (one-third of the allowed density for office) and ten (10) hotel rooms (two-thirds of the allowed
density for hotel rooms) for a total land use intensity of 1 ~ but could not develop a residence (one hundred (100) percent of
the allowed density for residential uses) and any other use. (Prior code ~ 9.5-261 )
9.38.020
Maximum residential density and district open space.
Maximum
Allocated Density Net Density
Land Use District DU/acre DU/buildable area Open Space Ratio*
Urban COlnmercia) 6.0 12.0 0.2
Urban Residential 6.0 12.0 0.2
(Affordable housing) 6.0 25.0 0.2
(Employee housing) 6.0 25.0 0.2
Urban Residential Mobileholne (URM) 1/10t 0 0.2
Mobileholne Parks per ~ 9.02.040 5.0 7.0 0.2
URM-Limited 1/10t 0 0.2
Sub Urban Commercial 3.0 6.0 0.2
(Employee housing) 3.0 15.0 0.2
Sub Urban Residential 0.5 5.0 0.5
Sub Urban Residential L TO 0.5 3.0 0.5
Sparsely Settled 0.5 0 0.8
Native 0.25 0 *
Mainland Native 0.01 0 0.99
392
9.38.030
Maximum
Allocated Density Net Density
Land Use District DU/acre DU/buildable area Open Space Ratio*
Offshore Island 0.1 0 0.95
hnprove:d Subdivision 1/10t 0 0.2
Comlnercial Fishingl 3.0 12.0 0.2
Destination Resort 1.0 18.0 0.2
Industrial 1.0 2.0 0.2
Maritime Industry 1.0 2.0 0.2
Mixed lJse 1.0 12.0 0.2
(Affordable housing) 1.0 18.0 0.2
(Employee housing) 1.0 18.0 0.2
Military Facility 6.0 12.0 0.2
Park and Refuge 0.25 0 0.9
See additional open space ratios in Chapter 9.48 of this title~ in accordance with Section 9.02.030(A), the n10st restrictive of these ratios applies.
The allocated and maximum net densities listed in this table do not apply to CFSD-20 (Little Torch). See Section 9 .34.190(S)( 4) for residential densi-
ties.
Note: Properties consisting of hammocks, pinelands, and disturbed wetlands which are within RY, MU, UC, SC, CFY, CFA, CFSD districts have a
maximum, net density of O.
(Ord. 041-2003 S 1: prior code S 9.5-262)
9.38.030 Improved subdivision and commercial fishing village district densities.
Notwithstanding the density limitations of Section 9.38.040, the owner of a lot in an improved subdivision district or
commercial fishing village district shall be entitled to develop a single-family detached dwelling on the lot, provided that:
A. The lot has sufficient land area and dimensions to meet the requirements of Chapter 1 OD-6, Florida Administrative
Code, for the installation of on-site wastewater treatment systelns~
B. The lot was a lawful buildable lot eligible for a building permit on the effective date of this title~ and
C. Th(~ development ofa single-family detached dwelling on the lot conforms to each and every other requirement of
the plan.
In the event contiguous lots are owned in common ownership on or after the effective date of this title, the owner thereof
shall be entitled to one unit per two lots or twelve thousand five hundred (12,500) square feet of land area, exclusive of
rights-of-way, whichever area is less, provided that in no event shall a landowner be entitled to more dwelling units than
buildable lots were provided for in the plat as originally approved by Monroe County and filed with the clerk of the court.
(Prior code ~ 9.5-263)
9.38.040 Urban residential mobilehome district density.
Notwithstanding the density limitations of Section 9.38.040, the owner ofa lot in an urban residential mobilehome dis-
trict shall be: entitled to develop a dwelling on the lot, provided that:
A. The~ lot has sufficient land area and dimensions to meet the requirelnents of Chapter 100-6, Florida Administrative
Code, for the installations of on-site wastewater treatment systems~
B. The' lot was a lawful buildable lot eligible for a building permit on the effective date of this title~ and
C. The~ development ofa single-family detached dwelling on the lot confonns to each and every other requirement of
the plan.
In the eve:nt contiguous lots are owned in common ownership on or after the effective date of this title, the owner thereof
shall be entitled to one unit per two lots or eight thousand (8,000) square feet of land area, exclusive of rights-of-way,
whichever area is less~ provided that in no event shall a landowner be entitled to more dwelling units than buildable lots
were providl~d for in the plat as originally approved by Monroe County and filed with the clerk of the court. (Prior code
~ 9.5-264)
393
9.38.050
9.38.050 Transferable development rights.
A. General. All residential development rights allocated or established in Sections 9.38.020, 9.38.030 and 9.38.040
shall be transferable in whole or in part from one parcel of land to any other, including the transfer of residential rights to
hote I rooms, provided that:
1. The development of the receiver site is approved as part of a conditional use pennit~
2. The development of the receiver site does not exceed the maxilnuln net densities set out in Sections 9.38.020 and
9.3 8.070~
3. If the receiver site is located in an IS or IS-M district, no more than one dwelling unit shall be developed on a plat-
ted lot~
4. If the receiver site is located in an IS-D district, no more than two dwelling units shall be developed on a platted lot~
5. The developlnent of the receiver site complies with each and every requirement of this title~
6. Prior to issuance of a building permit authorizing the development of a dwelling unit, all or a part of which is de-
rived from a transferred development right a deed of transfer shall be recorded in the chain of title of the transferor parcel
containing a covenant prohibiting the further use of the transferor parcel for residential purposes other than as excess open
space or yard appurtenant to a residential use that is located on a parcel of land that meets the density requirements of the
cOlnprehensive plan and this title~ and
7. The allocated density of the receiver site is greater than or equal to the allocated density of the parcel from which
the TDR is severed and the sensitivity of the receiver site as shown in Section 9.48.] 40(F) is less than or equal to the sensi-
tivity of the parcel froln which the TDR is severed.
B. Procedure. The transfer of development rights shall be carried out as follows:
1. The owner of a parcel of land who transfers density allocated to his or her property shall prepare an affidavit of
ownership and an affidavit of intent to transfer in confonnance with a form provided by the director of planning. The affi-
davits shall be filed with the director of planning at least thirty (30) days prior to the submission of an application for devel-
opment approval that involves the use of a transferred development right.
2. The transfer of development rights shall be substantially in the form and substance as a sample deed provided by
the director of p lann ing.
3. The owner of any parcel of land may transfer any development rights allocated to his or her parcel of land at any
tilne to any person~ however, the use rights and the value thereof shall be deemed for taxation and all other purposes to be
appurtenant to the land from which the rights are transferred until a development order is issued authorizing use of the trans-
ferred density.
c. Bonuses. Subject to the standards in subsection A of this section, residential development rights transferred from
the native area district to lands located within a destination resort district, recreational vehicle district or to a mixed use dis-
trict for institutional uses shall be entitled to a bonus as follows:
1. Hotel rOOlns-two rooms per transferred unit. (Prior code ~ 9.5-265)
9.38.060 Affordable and employee housing-Administration.
A. Affordable and employee housing:
1. Notwithstanding the density limitations in Section 9.38.020, the owner of a parcel of land shall be entitled to:
a. Develop affordable and employee housing as defined in Section 9.02.040, on parcels of land classified as urban
residential (UR) at an intensity up to a maximum net residential density of twenty-five (25) dwelling units per acre and on
parcels of land classified as mixed use (MU) at an intensity up to a maximum net residential density of eighteen (18) dwell-
ing units per acre ~
b. Develop employee housing as defined in Section 9.02.040, on parcels of land classified as sub urban comlnercial
(SC) at an intensity up to a Inaximum net residential density of fifteen (15) dwelling units per acre and on parcels of land
classified as urban residential (UR) at an intensity up to a maximum net residential density of twenty-five (25) dwelling
units per acre~
c. Develop market rate housing, as defined in Section 9.02.040, as part of an affordable or employee housing project
in accordance with subsection (A)(8) of this section, provided that on parcels of land classified as urban residential (UR),
the maximum net residential density shall not be greater than eighteen (18) dwelling units per acre.
394
9.38.060
2. The Inaximum net residential density allowed per district and by this section shall not require transferable devel-
opment rights (TDR) for affordable and employee housing and Inarket rate housing developed in accordance with subsec-
tion (A)(8) of this section.
3. Market rate housing developed in accordance with subsection (A)(8) of this section shall be eligible to receive
points as affordable housing under Section 9.22.120(A)(6) and shall be eligible to receive points as infill development under
Section 9.22.120(A)( I).
4. The requirements of this title for the provision of impact fees shall be waived for affordable and employee housing
and any Inarket rate housing developed in accordance with subsection (A)(8) of this section.
5. Notwithstanding the provisions of this chapter, some or all of any lawfully established nonresidential floor area
situated on a parcel of at least one gross acre containing affordable or employee housing shall be excluded from the calcula-
tion of the total gross of development allowed on the parcel. For purposes of this exclusion, a floor area ratio of twenty-five
(25) percent shall be assumed. The exclusion of floor area shall be in accordance with the following criteria:
a. Iftlhe parcel of land is less than two gross acres, the project's total nonresidential floor area or two thousand (2,000)
square feet, whichever is less, shall be excluded from the calculation; or
b. Jfthe parcel of land is two or more gross acres, the projecfs total nonresidential floor area or four thousand (4,000)
square feet, whichever is less, shall be excluded froIn the calculation.
6. In order for the owner of a parcel of land to be entitled to the incentives for affordable or employee housing out-
lined in this section and Chapter 9.22, the owner must ensure that:
a. The use of the affordable housing dwelling unit is restricted to households that meet the adjusted gross annual in-
cOlne limits for median-income as defined in Section 9.02.040;
b. If the affordable housing dwelling unit is designated for employee housing, the use of the dwelling is restricted to
households that derive at least seventy (70) percent of their household income from gainful employment in Monroe County
and meet the adjusted gross annual incoIne limits for Inedian-income as defined in Section 9.02.040;
c. The use of the affordable or employee housing dwelling unit is restricted for a period of at least fifty (50) years to
households that meet the requirements of subdivision (6)( a) or (b) of this subsection;
d. The size of the affordable or employee housing dwelling unit is limited by a condition to be placed on the develop-
ment permit which restricts the habitable space of the unit to a maximum of one thousand three hundred (1.,300) square feet
for a period of at least fifty (50) years;
e. Tourist housing use or vacation rental use of affordable or employee housing units is prohibited; and
f. Th(~ parcel of land proposed for developlnent of affordable or employee housing shall not qualify for negative
points under Section 9.22. 120(A)(7), (8) or (9); however, properties designated IS-D, UR, URM or URM-L shall be exempt
from this prohibition;
g. At the time of sale of an owner-occupied affordable unit, the total incolne of households eligible to purchase shall
not exceed one hundred twenty (120) percent of the median household income for the county. However, a unit within a class
of affordable housing eligibility may only be sold to a household within that same class, i.e., a median income household
which purchased a home within this category must sell the home to a qualifying household within the median income cate-
gory;
h. During occupancy of any affordable housing rental unit, not otherwise limited by state or federal statute or rule
concerning household income, a household's annual income may increase to an amount not to exceed one hundred forty
(140) percent of the median household income for the county. Jfthe income of the lessee exceeds this amount, the tenant's
occupancy shall terminate at the end of the existing lease term. The maximuln lease for any term shall be three years or
thirty-six (36) months;
i. Aftl~rdable housing projects shall be no greater than twenty (20) units unless approved by resolution of the Monroe
County planning commission. The planning commission"s decision may be appealed to the board of county comlnissioners
utilizing the procedures described in Chapter 9.82., with the board of county comlnissioners serving as the appellate body for
the purpose of this section only;
j. Fanlily Size. When establishing a rental and sales amount., the county shall assume family size as indicated in the
table below. This section shall not be used to establish the maxilnum number of individuals who actually live in the unit.
This table shall be used in conjunction with the eligibility requirements created by Section 9.02.040;
395
9.38.060
Size of Unit Assumed Family Size Minimum Occupancy
Efficiency (no separate bedrooln) 1 1
One bedrooln 2 1
Two bedrooln 3 2
Three bedroom 4 3
Four or lnore bedroolns 5 1 per bedroom
k. The income of eligible households shall be determined by counting only the first and highest paid forty (40) hours
of employment per week of each unrelated adult. For a household containing adults related by marriage or a domestic part-
nership registered with the county~ only the highest sixty (60) hours of the cOlnbined employment hours shall be counted~
which shall be considered to be seventy-five (75) percent of the adjusted gross incolne. The income of dependents regard-
less of age shall not be counted in calculating a household~s incolne.
7. Comlnercial apartment dwelling units~ as defined in Section 9.02.040., shall only be eligible for the incentives out-
lined in this section if they lneet the requirelnents of subsection (A)(6) of this section for elnployee housing.
8. If an affordable or employee housing project or an eligible cOlnlnercial apartment(s) designated for employee hous-
ing contain(s) at least five dwelling units~ a maximum of twenty (20) percent of these units may be developed as market rate
housing dwelling units. The owner of a parcel of land must develop the market rate housing dwelling units as an integral
part of an affordable or elnployee housing project. In order for the lnarket rate housing dwelling units to be eligible for in-
centives outlined in this section~ the owner must ensure that:
a. The use of the market rate housing dwelling unit is restricted for a period of at least fifty (50) years to households
that derive at least seventy (70) percent of their household incolne from gainful employment in Monroe County; and
b. Tourist housing use and vacation rental use of the lnarket rate dwelling unit is prohibited.
9. Market rate housing dwelling units are not restricted to the one thousand three hundred (1.,300) square feet limita-
tion on habitable space for affordable and employee housing.
B. Affordable Housing Requirement for Residential Projects of Three or More Units and In-Lieu Fees. New residen-
tial projects of three or more units containing market rate units or projects containing both market rate residential units and
commercial floor area shall be required to develop at least thirty (30) percent of the residential units beyond the first two
units as affordable. Each of the affordable units shall be at least four hundred (400) square feet in floor area. The developer
of the project may contribute a fee in-lieu for all or some percentage of the required affordable units., which if approved by
the Monroe County board of county cOlnlnissioners., will be deposited in the affordable housing trust fund. The in-lieu fee
shall not be less than fifty thousand dollars ($50~000.00) per unit., representing construction cost., less land cost of the mini-
mum size four hundred (400) square foot affordable unit. The planning commission shall by resolution annually adjust the
in-lieu fee during the first quarter of each calendar year based upon the cost of construction of residential units as contained
in standard published construction cost indicators., adjusted for Monroe County. This section does not apply to the redevel-
opment of existing units. This subsection does not apply to employee housing which may be established by this section.
C. Linkage of Projects. Two or Inore development projects which are required to provide affordable housing may be
linked to allow the affordable housing requirement of one development project to be built at the site of another project~ as
long as the affordable housing requirement of the latter development is fulfilled as well. The project containing the afford-
able units must be built either before or simultaneously with the project without., or with fewer than., the required affordable
units. Sequencing of constnlction of the affordable component of linked projects may be the subject of the planning depart-
ment or the planning COlnln ission ~ s approval of a project. In addition~ if a developer builds more than the required nUlnber
of affordable units at a development site., this developlnent project may be linked with a subsequent development project to
allow compliance with the subsequent development's affordable unit requirement. The linkage must be supplied by the de-
veloper to the planning comlnission at the tilne of the subsequent development conditional use approval. Finally~ all link-
ages under this subsection may occur between sites within the county and in the cities of Key West., Marathon and Islamo-
rada~ subject to an interlocal agreelnent., where appropriate~ however~ linkage must occur within the same geographic plan-
ning area., i.e. lower~ middle and upper keys. All linkages must be approved via a covenant running in favor of Monroe
County~ and if the linkage project lies within a city., also in favor of that city. Such covenants shall be placed upon two or
more projects linked., stating how the requirelnents for affordable housing are lnet for each project. The covenant shall be
approved by the Monroe County board of county commissioners and~ if applicable., the participating lnunicipality.
396
9.38.060
D. Affordable Housing Trust Fund. The affordable housing trust fund (referred to as the "''trust fund~') is established.
The trust fund shall be maintained with funds earmarked for the purpose of promoting affordable housing in Inunicipalities
and unincorporated areas of Monroe County. Monies received by the trust fund shall not be commingled with general oper-
ating funds of the county. The trust fund shall be used for the following:
J. Financial aid to developers as project grants for affordable housing construction~
2. Financial aid to hOlnebuyers as mortgage assistance~ inclusive of loans for down payment assistance~
3. Financial incentive for the conversion of transient units to affordable residential units~
4. Direct investment in or leverage to housing affordability through site acquisition~ housing development and housing
conservation~ or
5. Other affordable housing purposes Inay be established by resolution of the board of county comlnissioners~ which
shall act as trustees for the fund. The board of county comlnissioners may enter into agreements with the Monroe County
housing autihority~ a qualified comlnunity housing development organization created by the board of county commissioners~
or a municipality within Monroe County.
E. COJmmunity Housing Development Organization. The board of county commissioners may establish a nonprofit
community housing development organization (CHDO), pursuant to federal regulations governing such organizations, to
serve as developer of affordable housing units on county-owned property, including or located in the municipalities of the
county, upon interlocal agreement. In such event, the county may delegate to the community housing deve lopment
organization all or partial administration of the affordable housing trust fund.
F. Adlministration and Compliance.
] . Before any building permit may be issued for any structure~ portion or phase of a project to this section, restrictive
covenants(s) shall be filed in the official records of Monroe County to ensure compliance with the provisions of this section
running in favor of Monroe County and enforceable by the county and, if applicable~ a participating municipality. The
covenants f()r any affordable housing units partly or wholly financed by a public entity shall be effective for a period of at
least fifty (50) years. The covenants for any affordable housing units relying wholly upon private non-public financing shall
be effective for at least thirty (30) years. The covenants shall not comlnence running until a certificate of occupancy has
been issued by the building official for the dwelling unit or dwelling units to which the covenant or covenants apply.
2. Restrictive covenants for housing subject to the provisions of this section shall be filed that require compliance with
the following:
a. Res.tricting affordable housing dwelling units to households meeting the income requirelnents of subsection
(A)(6)(a) of this section~
b. Restricting employee housing dwelling units to households meeting the income and employment requirements of
subsection (A)( 6)(b) of this section~
c. Restricting market rate housing dwelling units to households meeting the employment requirements of subsection
(A)(8)(a) of this section~
d. Restricting affordable and employee housing dwelling units to no more than one thousand three hundred (] ,300)
square feet of habitable space~
e. Prohibiting tourist housing use or vacation rental use of any housing developed under the provisions of this section.
3. The eligibility of a potential owner-occupier or renter of an affordable, employee or market rate housing dwelling
unit~ developed as part of an employee or affordable housing project~ shall be determined by the planning department upon
submittal of an affidavit of qualification to the planning department. The form of the affidavit shall be in a form prescribed
by the planning department. This eligibility shall be determined by the planning department as follows:
a. At the time the potential owner either applies for affordable housing ROGO allocation, or applies to purchase a unit
that utilized affordable housing ROGO allocation~ or
b. At the time the potential renter applies to occupy a residential unit that utilized an affordable ROGO allocation.
4. Except as provided in subsection (t)(5) of this section, the property owner of each affordable employee or market
rate housing dwelling unit, developed as part of an affordable or employee housing project, shall be required to annually
submit an affidavit of qualification to the planning departlnent verifying that the applicable employment and income re-
quirements of subsection (F)(2) of this section are met. The annual affidavit of qualification shall be in a form prescribed by
the planning director and shall be filed by the property owner upon receiving written notification by certified Inail from the
planning department.
397
9.38.070
5. The owner-occupant of an affordable, employee, or market rate housing dwelling unit, developed as part of an af-
fordable or employee housing project, who has received a hOlnestead exelnption as provided for under the Florida Statutes,
is not required to submit an annual affidavit of qualification as required above in subsection (F)( 4) of this section if that
owner-occupant was qualified previously by the planning department. Prior to any change in ownership (including, but not
limited to: sale, assignment, devise, or otherwise), the owner-occupant shall be required to provide documentation to the
planning department in a fonn prescribed by the planning director proving that the potential occupying household is eligible
to occupy that unit prior to a change in ownership of the property.
6. Failure to submit the required annual verification as required in subsection (F)( 4) of this section or failure to pro-
vide documentation prior to change in ownership required in subsection (F)(5) of this section shall constitute a violation of
the restrictive covenant, the conditions of the certificate of occupancy and this title.
7. The restrictive covenants for affordable and employee housing required under this section shall be approved by the
growth Inanagelnent director and county attorney prior to the recording of the covenant and issuance of any building permit.
G. Interlocal Affordable Rate of Growth Allocation Agreelnents. The Monroe County board of county cOlnmissioners
may authorize interlocal agreements between the county and the cities of Marathon, and Key West, and Islalnorada, Village
of Islands for the purpose of sharing residential rate of growth affordable housing allocations. The interlocal agreements
may be based upon a specific project proposal within one or more jurisdictions or may be for a specific allocation of units
on an annual basis, from the county to a municipality or froln a municipality to the county. All allocations Inade available to
a jurisdiction must meet the applicable affordable housing requirements of the receiving jurisdiction's land development
regulations and affordable housing ordinances. (Ord. 010-2004 ~ 3 ~ Ord. 04 7-2003 ~ 1 ~ Ord. 030-2003 ~~ 5-8~ prior code
~ 9.5-266)
9.38.070
Maximum hotel-motel, recreational vehicle and institutional residential densities.
Max. Net Density
Allocated Density (rooms/buildable
Land Use District and Use (rooms/acre) acre) O.S.R. *
Urban Commercial:
H ote I 10.0* 19.0 0.2
Inst. Res. 15.0 24.0 0.2
Rec. Rental 15.0* 15.0* 0.2
Urban Residential:
Inst. Res. 10.0 20.0 0.2
Urban Residential Mobilehome:
Rec. Rental 5.0 7.0 0.2
Urban Residential Mobilehome-Limited:
Rec. Rental 5.0 7.0 0.2
H ote I 10.0 15.0 0.0
Inst. Res. 5.0* 20.0 0.0
Rec. Rental 10.0* 10.0* 0.0
Sub Urban Residential:
Inst. Res. 3.0 6.0 0.5
Hotel 5.0 15.0 0.5
Rec. Rental 5.0* 10.0* 0.5
Destination Resort:
Hotel 10.0 25.0 0.2
RV:
Rec. Rental 15.0 15.0* -
Hotel 15.0 15.0 -
Mixed Use:
Hotel 10.0 15.0 0.2
398
9.38.080
Max. Net Density
Allocated Density (rooms/buildable
Land U:se District and Use (rooms/acre) acre) O.S.R. *
Inst. JRes. 5.0 20.0 0.2
Rec. Rental 10.0* 10.0* 0.2
Inst. 5.0 20.0 0.2
Sub Urban Commercial:
Hotel 10.0 15.0 0.0
Inst. R.ental 5.0* 20.0 0.0
Rec. jRental 10.0* 10.0* 0.0
Sparsely Settled:
Campgrounds 5.0** 15.0** 0.8
OffshorE~ Island:
Campgrounds 2.0** 10.0** 0.95
Maritime Industries:
Hotel 10.0 15.0 0.0
Military Facilities:
Inst. R.es. 10.0 20.0 0.2
Park and Refuge 5.0 10.0 0.9
Recreational vehicle or campground spaces per acre
* * C ampgrollnd spaces per acre
(Prior code S 9.5-267)
9.38.080 Existing residential dwellings.
Notwiths,tanding the provisions of Sections 9.38.020 and 9.38.030, the owners of land upon which a lawfully established
dwelling unit or a mobilehome, but not including transient residential units exists shall be entitled to one dwelling unit for
each such unit in existence. Such legally-established dwelling unit shall not be considered as a nonconforming use. COrd.
026-2003 S I: prior code S 9.5-268)
9.38.090
Maximum nonresidential land use intensities and district open space I.
Maximum Floor
Land Use District and Use Area Ratio O.S.R. I
Urban Commercial:
Comnlercial Retail:
Lo'w intensity 0.45 0.2
Me'dium intensity 0.40 0.2
High intensity 0.35 0.2
Offices 0.45 0.2
Comrrlercial Recreation 0.15 0.2
Institutional 0.40 0.2
Outdoor Recreational 0.15 0.2
Public Buildings 0.35 0.2
Urban RE~sidential:
Institutional 0.30 0.2
Public Buildings and Uses 0.30 0.2
399
9.38.090
Maximum Floor
Land Use District and Use Area Ratio O.S.R.1
Urban Residential Mobileholne:
Comlnercial Retail:
Low intensity .) 0.2
Medium intensity .) 0.2
Offices .) 0.2
Sub Urban Comlnercial:
Commercial Retail:
Low intensity 0.35 0.0
Medium intensity 0.25 0.0
High intensity 0.15 0.0
Offices 0.40 0.0
Commercial Recreational 0.10 0.0
Institutional 0.30 0.0
Outdoor Recreational 0.10 0.0
Public Buildings and Uses 0.30 0.0
Light Industry 0.30 0.0
Sub Urban Residential:
Commercial Retail:
Low intensity .) 0.5
Medium intensity .3 0.5
Offices 3 0.5
Public B ui ldings and Uses 0.25 0.5
Institutional 0.25 0.5
Sparsely Settled:
Public Buildings and Uses 0.20 ~
Native Area:
Public Buildings and Uses 0.20 4
Mainland Native Area:
Educational/Research Centers 0.30 4
hnproved Subdivision:
Commercial Retail:
Low intensity 0.253 ~
Medium intensity 0.203 2
Offices 0.253 2
Destination Resort:
Commercial Retail .) 0.2
Institutional 0.30 -
Recreational Vehicle:
Comlnercial Retail 3 2
Commercial Fishing Area:
Commercial Fishing 0.40 0.2
Light Industry 0.40 0.2
COlnlnercial Retail:
Low intensity 0.40 0.2
Medium intensity 0.40 0.2
Comlnercial Fishing Village:
Comlnercial Fishing 0.40 0.2
400
9.38.090
Maximum Floor
Land Use District and Use Area Ratio O.S.R. I
Commercial Fishing Special Districts (All):
COlnlnercialRetail:
Low intensity 0.35 0.2
Medium intensity 0.25 0.2
Comlnercial Fishing 0.40 0.2
Light Industry 0.30 0.2
Mixed lJse:
Comlnercial Retail:
Low intensity 0.35 0.2
Ml~dium intensity 0.25 0.2
High intensity 0.] 5 0.2
Officl~s 0.40 0.2
Comrnercial Recreational 0.] 0 0.2
Institutional 0.30 0.2
Outdoor Recreational 0.] 0 0.2
Public Buildings and Uses 0.30 0.2
COlnrnercial Fishing 0.40 0.2
Light Industry 0.30 0.2
Industrial:
Light Industry 0.40 0.0
Heavv Industry 0.25 0.0
Public Buildings and Uses 0.40 0.0
Restaurants 0.30 0.0
Offi Ct~S 0.40 0.0
COln111ercial Fishing 0.40 0.0
Maritimf~ Industrial:
Comnlercial Retail:
Lo'w intensity 0.30 0.0
Mf~dium intensity 0.30 0.0
Officf~S 0.40 0.0
Public: Buildings and Uses 0.50 0.0
Comnlercial Fishing 0.60 0.0
Light Industry 0.45 0.0
Heavy Industry 0.35 0.0
Military Facilities:
Military Uses 0.50 0.2
COlnnlercial Retail:
LO~N intensity 0.30 0.2
Medium intensity 0.30 0.2
Offices 0.40 0.2
Public Buildings and Uses 0.30 0.2
Airport:
Airport Uses 0.] 0 2
Parks and Refuge:
Public Buildings and Uses 0.20 0.9
401
9.38.100
See additional open space ratio in this chapter and Chapters 9.32 through 9.36 and 9.40 through 9.66: in accordance with Section 9.48.120, the 1110st
restrictive of these ratios applies
2 NG = None Given
3 Where con1n1ercialuses are allowed as permitted uses, and no FAR ratio is given, the n1axin1un1 per lot stated in this chapter, "Permitted Uses," shall
prevail
4 See open space ratios in the table set out in Section 9.38.020 for ""Native"
(Prior code ~ 9.5-269)
9.38.100 Commercial retail and multiple land use intensities and district open space.
A. Unless a proposed commercial retail use is legally restricted by a conditioned pennit to a particular type of use
other than high intensity, the floor area ratio under Section 9.38.090 shall be presulned to be the floor area ratio indicated for
high-intensity comlnercial retail uses.
B. Ifa proposed development is for a combination of uses, the acreage required for each use shall be determined inde-
pendently based on the floor area ratio in Section 9.38.090 for each individual use such that no acreage shall be dedicated
for more than one use. (Prior code ~ 9.5-270)
402
9.40.0] 0
Chapter 9.40
BULK REGULATIONS
Sections:
9.40.01 ()
9.40.020
9.40.030
9.40.040
9.40.050
9.40.060
Minimum yards.
Residential dwelling permits and bulk regulations.
Maximum height.
Additional requirements for residential dwellings.
Applicability of required yards.
Monuments.
9.40.010 Minimum yards.
Except as provided in Sections 9.38.060, and 9.40.020 and 9.42.200, no structure or land shall be developed, used or
occupied except in accordance with the bulk regulations set out in the following table. Side yards indicated set forth the
lninimum silngle yard and the total side yards required. The first number is the minimuln for any single side yard where only
one side yard exists~ where there are two side yards, the first number is the required side yard for one of the two side yards.
The second number is the minitnum combined total of both side yards (where there are two side yards).
Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.)
Urban Commercial 15 10/15 10
Urban Residential:
Attached Residential 15 1 0/ ] 5 10
Detached Residential 15 ] 0/ ] 5 10
Urban Residential Mobilehome:
Lots less than fifty (50) feet wide~
Detached Residential ]0 5/10 10
Mobilehomes 10 5/10 ]0
Lots fifty (50) feet wide or greater;
Detached Residential 10 1 0/ ] 5 10
Mobilehomes 10 10/15 10
Urban Rl~sidential Mobilehome-Limited 10* 10/20* ]0*
Sub Urban Comlnercial:
Hotel 25 10/15 10
Other 25 10/15 10
Sub Urban Residential and Sub Urban
Residential Limited:
Detached Residential 25 1 0/15 10
Attached Residential - - -
Other 25 10/15 ]0
Sparsely Settled:
Detached Residential 25 I 0/15 15
Attached Residential 25 N/A 15
Other 25 10/15 10
Offshore 25 10/15 20
Native 25 10/15 20
Mainland Native 25 I 0/15 20
Improved Subdivisions 25 10/] 5 20
Destination Resort 50 20/35 30
403
9.40.020
Land Use District Land Use Front Yard (ft.) Side Yard (ft.) Rear Yard (ft.)
Comlnercial Fishing (all districts):
Detached Residential 25 10/15 20
Attached Residential 25 - 20
Other 25 10/15 20
Mixed Use:
Detached Residential 25 10/15 20
Attached Residential 25 N/A 20
Other 15 10/15 10
Light Industry: 25 10/15 25
MaritiIne Industry 25 10/15 25
Military Area 25 5/20 20
Airport 200 200 200
Park and Refuge 50 50 50
Applies to new construction only.
(Prior code ~ 9.5-281 )
9.40.020 Residential dwelling permits and bulk regulations.
The director of planning Inay approve a permit that modifies or waives the minimum front yard requirements set out in
Section 9.40.010 provided the director expressly finds that the existing setback average on the street is less than the district
standard and the modification or waiver will not result in a setback that is less than the setback on the adjacent structures.
(Ord. 034-2003 ~ 4: prior code ~ 9.5-282)
9.40.030 Maximum height.
No structure or building shall be developed that exceeds a maximum height of thirty-five (35) feet. Notwithstanding the
provisions of this section~ any hotel or affordable housing unit may be developlnent to a height of three stories over parking
or a Inaximum of forty- four (44) feet~ whichever is lower~ measured from grade level~ if constructed to meet wind load
resistances of one hundred fifty (150) miles per hour and a binding commitment is signed that such facilities will be used as
official hurricane shelters in accordance with specifications of the Monroe County departInent of civil defense. Affordable
housing structures exceeding thirty-five (35) feet in height must be allocated proportionately to low- and Inoderate-incolne
households according to identified demand. (Prior code S 9.5-283)
9.40.040 Additional requirements for residential dwellings.
A. Where zero lot line dwellings are located within twelve (12) feet of one another~ no windows shall face those side
yards.
B. When duplexes are stacked~ two side yards are required.
C. Rows of townhouses shall average no Inore than ten (10) dwelling units.
D. The private yard area for a rooftop balcony dwelling is provided by the roof or balconies of the structure. (Prior
code S 9.5-284)
9.40.050 Applicability of required yards.
A. When a bufferyard is required under the provisions of Chapter 9.54~ compliance with the bufferyards standards
shall relieve the necessity of complying with the yard provisions set forth in Section 9.40.010 if such bufferyard is greater
than the applicable yard requirements.
B. All development shall be setback from shorelines as required in Section 9.40.180. Compliance with the shoreline
setback shall relieve the necessity of complying with the yard provisions set forth in Section 9.40.180.
C. Rear yard requirements for residential dwellings that are not on the shoreline ( dry lots) shall be as follows:
1. Accessory structures~ as defined in Section 9 .02.040~ not exceeding eighteen (18) inches in height~ are permitted
within the required rear yard setback.
404
9.40.060
2. Accessory structures to a maximum of twelve (12) feet in height shall be setback a Ininimum often (10) feet from
the rear property line.
3. No use within the rear yard shall extend into the required side yard setbacks.
4. In no event shall the total combined area of all structures occupy more than sixty (60) percent of the required rear
yard setbacks. (Prior code 9 9.5-285)
9.40.060 Monuments.
Monuments recognizing persons, or points, of historic, educational or archaeological interest, owned and operated by
nonprofit publicly supported organizations, are permitted as a major conditional use in any district, provided:
A. The parcel of land is larger than four acres~
B. Access to U.S. 1 is by way of an existing curb cut, a signalized intersection or a curb cut that is four hundred (400)
feet from any other FDOT approved curb cut or side street on the same side of U.S. 1 ~
C. The use is separated from adjoining residential uses by a class H bufferyard~
D. Signs recognizing persons or points of historic interest may be placed on any parcel, ifapplicable to the parcel, but
shall not exceed four square feet. (Prior code 9 9.5-287)
405
9.42.010
Sections:
9.42.010
9.42.020
9.42.030
9.42.040
9.42.050
9.42.060
9.42.070
9.42.080
9.42.090
9.42.100
9.42.110
9.42.120
9.42.130
9.42.140
9.42.150
9.42.160
9.42.170
9.42.180
9.42.190
9.42.200
Chapter 9.42
DEVELOPMENT STANDARDS
Compliance required.
Adequate facilities and development review procedures.
Surface water management criteria.
Revision of surface water management criteria.
Wastewater treatment criteria.
General requirements for site improvements.
Streets.
Easements.
Blocks.
Lots.
Public sites and open spaces.
Monuments.
Curbs and gutters.
Sidewalks.
Installation of utilities and driveways.
Water supply and sanitary sewer service.
Street name signs.
Traffic-control signs.
Live-aboards.
Fences.
9.42.010 Compliance required.
After February 28~ 1988~ no structure or land shall be developed~ used or occupied except in accordance with the stan-
dards of this chapter and other applicable standards of this title or the Standard Building Code~ nor shall any building permit
be issued unless the proposed use is or will be served by adequate public or private facilities. (Prior code S 9.5-291)
9.42.020 Adequate facilities and development review procedures.
A. Adequate Facilities. After February 28~ 1988~ all developlnent or land shall be served by adequate public facilities
in accordance with the following standards:
I. Roads.
a. County Road 905 within three Iniles of a parcel proposed for development shall have sufficient available capacity
to operate at level of service 0 as measured on an annual average daily traffic (AADT) basis at all intersections and/or road-
way segments. U.S. 1 shall have sufficient available capacity to operate at level of service C on an overall basis as Ineasured
by the U.S. I Level of Service Task Force Methodology. In addition~ the segment or segments of U.S. l~ as identified in the
U.S. 1 Level of Service Task Force Methodology~ which would be directly impacted by a proposed developmenfs access to
U.S. 1 ~ shall have sufficient available capacity to operate at level of service C as measured by the U.S. 1 Level of Service
Task Force Methodology.
b. All secondary roads to which traffic entering or leaving the development or use will have direct access shall have
sufficient available capacity to operate at level of service D as measured on an annual average daily traffic (AADT) basis.
c. In areas which are served by inadequate transportation facilities on u.S. 1 ~ development may be approved provided
that the development in combination with all other pennitted development will not decrease travel speed by more than five
percent below level of service C~ as measured by the u.S. I Level of Service Task Force Methodology.
d. Within thirty (30) days of the receipt of the official 1989 FOOT traffic counts ofU .S. Highway 1 ~ the county shall
publish a notice informing the public of the available transportation capacity for each road segment of U.S. I as described in
the county~s annual public facilities capacity report. The available capacity shall be expressed in terms ofnulnber of trips
406
9.42.020
remaining until the adequate transportation facilities standard is exceeded. The notice shall be published in the nonlegal
section of the local newspapers of greatest general circulation in the Lower, Middle and Upper Keys.
2. Solid Waste. Sufficient capacity shall be available at a solid waste disposal site to accommodate all existing and
approved development for a period of at least three years from the projected date of completion of the proposed develop-
Inent or use. The Monroe County solid waste and resource recovery authority may enter into agreelTIents, including agree-
Inents under F.S. ~ 163.01, to dispose of solid waste outside of Monroe County.
3. Potable Water. Sufficient potable water from an approved and permitted source shall be available to satisfy the pro-
jected water needs of the proposed development or use. Approved and permitted sources shall include cisterns, wells,
FKAA distribution systems, individual water condensation systems, and any other system which cOlnplies with Florida
standards t<)r potable water.
4. Schools. Adequate school classroom capacity shall be available to accommodate all school-age children to be gen-
erated by the proposed development or use.
5. Reports Required. Monroe County shall provide monthly reports to the adlninistration commission on the status of
implementing the provisions of this section and the provisions of new public facilities required by this section until the
submittal of their comprehensive plan to the department of community affairs for review under Rule 9J-5, Florida Adminis-
trative Code.
B. Review of Development Permits.
1. Purpose. It is the purpose of this subsection to provide an orderly and equitable procedure for the issuance of devel-
opment pennits, other than permits for additions to existing structures and other developlTIent activity not requiring addi-
tional public facilities, whenever the rate of intensity of growth and development is likely to exceed the capacity of essential
public facilities in order to ensure that the purposes of the Monroe County comprehensive plan are achieved.
2. Service Areas. For the purposes of this subsection, unincorporated Monroe County shall be divided into the follow-
ing three public facilities service areas:
a. Upper Keys Service Area: unincorporated Monroe County north of the Whale Harbor Bridge~
b. Middle Keys Service Area: unincorporated Monroe County between the Seven Mile Bridge and Whale Harbor
Bridge~ and
c. LO'Ner Keys Service Area: unincorporated Monroe County south and/or west of the Seven Mile Bridge.
3. Annual Assessment of Public Facilities Capacity. On or before June 15th of each year, the director of planning shall
submit to the board of county commissioners a report of the capacity of available public facilities in each of the service ar-
eas established in subdivision 2 of this subsection. The report shall be based on standard analytical methodologies and shall
include a projection of the alnount of residential and nonresidential growth that can be accomlTIodated in each of the service
areas during the ensuing year without exceeding safe and efficient provision of essential public services. The report shall
clearly identify areas of inadequate facility capacity which are those areas with capacity below the adopted level of service
standards as provided in subsection (A)( 1) through (4) of this section, and areas of marginally adequate facility capacity
which are those areas at the adopted level of service standard or which are projected to reach inadequate capacity within the
next twelve (12) months. In addition, the report shall include growth trends and projections and development permit moni-
toring systelTI for each service area.
4. Ratification of the Annual Service Capacity Report. No later than July 1 st of each year, the board of county com-
missioners shall consider and approve or approve with modifications the annual assessment of public facilities capacity. In
the event tht~ board acts to increase the development capacity of any service area, the board shall Inake specific findings of
fact as to the reasons for the increase, including the source offunds to be used to pay for the additional capacity required to
serve additional development to be permitted during the next twelve (12) month period.
5. Review Procedure.
a. In the event the approved annual assessment shows that projected growth and development during the next twelve
( 12) months exceeds public facilities capacity that will be available to serve the projected growth, development in one or
more of the service areas that will require any of the public facilities enumerated in subsection A of this section that have
insufficient capacity to provide safe and efficient public services shall be subject to the procedure established in this section.
Development that does not require the public facilities enumerated in subsection A of this section and that has sufficient
capacity to provide safe and efficient public services shall not be subject to the procedure established in this section.
b. Areas of Inadequate Facility Capacity. The county shall not approve applications for development in areas of the
county which are served by inadequate facilities identified in the annual adequate facilities report, except the county may
407
9.42.030
approve development that will have no reduction in the capacity of the facility or where the developer agrees to increase the
leve I of service of the fac i lity to the adopted leve I of service standard. In areas which are served by inadequate transporta-
tion facilities~ development may be approved in accordance with subsection (A)( 1)( c) of this section. An applicant~ except
for persons applying for a single-family residence~ shall prepare a facilities itnpact report which delnonstrates that:
i. The development will not reduce the capacity of the facility~
11. The necessary facilities and services are in place at the time a developlnent permit is issued~
Ill. A development permit is issued subject to the condition that the necessary facilities and services will be in place
when the ilnpacts of the development occur~
iv. The necessary facilities are under construction at the time a permit is issued~
v. The necessary facilities and services are guaranteed in an enforceable development agreement~ which may include~
but is not limited to~ development agreements pursuant to F.S. ~ 163.3220~ or an agreement or developlnent order issued
pursuant to F.S. Ch. 380~ or
vi. The necessary facilities and services will be served by a concurrency management system which meets the re-
quirelnents of Rule 9J-5~ Florida Administrative Code~ F .S. Ch. 163.
c. Areas of Marginally Adequate Facility Capacity. In areas of marginal facility capacity as identified in the current
annual adequate facilities report~ the county shall either deny the application or condition the approval so that the level of
service standard is not violated. A facilities impact report shall be prepared except for a single-family residence in these
areas to delnonstrate the standards in subsection (B)( 5 )(b) of this section have been met.
d. Facilities Impact Report Requirelnents. The facilities impact report required by this section shall use acceptable
professional methodologies and standards inclusive of a cUlnulative traffic impact analysis~ where necessary~ as provided by
the director of planning.
6. Exemptions. In addition to the exemptions from development described in Section 9 .02.040~ the following con-
struction activities shall not be considered develoPlnent for the purposes of this section only:
a. The rebuilding or restoration of a single- fami ly home damaged or destroyed by fire~ calamity ~ or natural disaster as
long as the rebuilding or restoration takes place within the footprint of the destroyed or dalnaged structure and as long as
there is no increase in density or intensity of use:
b. The replacement of a mobilehome upon the same lot where the original was located as long as there is no'increase
in density or intensity of use~
c. The construction of fences~
d. The construction of slabs for existing buildings~
e. The pavement of driveways~
f The construction of docks and seawalls~
g. The construction of tikis~
h. The construction of swimming pools~
1. The installation of storm shutters. (Prior code ~ 9.5-292)
9.42.030 Surface water management criteria.
A. Intent. It is the intent to establish guidelines and criteria for the safe management and disposal of storm water runoff
froln developed areas which will minimize or eliminate any resultant adverse impacts on the surface water~ groundwater~
and other natural resources of Monroe County. These procedures are intended to assist in protection of the vital water re-
sources of the Florida Keys~ including the reservoir of freshwater on Big Pine Key and the nearshore waters of both Florida
Bay and the Atlantic Ocean.
B. Jurisdiction. The subject area shall be the unincorporated sections of Monroe County. However~ because stormwa-
ter does not follow political boundaries~ municipalities should~ within twelve (12) months of the effective date of this sec-
tion~ adopt and implelnent stormwater managelnent ordinances reflective of the conditions in their corporate jurisdictions.
C. Applicability. Single-family and duplex homes are required to observe best lnanagement practices (BMP~s) as iden-
tified in the sections of the county~s manual of stormwater management practices clearly labeled as applicable to single-
falnily and duplex homes. In addition~ regulation of storm water management practices for single-family and duplex hOlnes
will be limited to the criteria~ administrative procedures~ and maintenance/retrofitting requirements identified in subsection
D of this section and other applicable provisions of the land development regulations and comprehensive plan.
408
9.42.030
All applications for a Monroe County building permit will be required to contain a stonnwater management plan with the
following exceptions:
I. Maintenance work on existing mosquito drainage structures for public health and welfare purposes~ provided that
the activities do not increase peak discharge rate or pollution load~
2. Ex(~ept in the case of single-family and duplex homes, lnaintenance~ alteration or improvelnent of an existing struc-
ture on site 'which will not increase the designed peak discharge rate, volulne pollution load of stormwater runofT~ or imper-
vious coverage of site area of the site on which that structure is located. Placelnent of a new structure which does not change
the designed peak discharge rate, volume or pollution load, or increase impervious coverage of site area of stormwater run-
off from th~~ site, is also exempt. Resurfacing of existing impervious areas is not exempt under this provision~
3. Emlergencies requiring immediate action to prevent material harm or danger to persons when obtaining a permit is
impractical and would cause undue hardship in protection of property from fire, violent storms, hurricanes, or other hazards.
A report of the elnergency action shall be made to the county adlninistrator as soon as practicable. All emergency action
shall also be temporary in nature and be reversed or appropriately remedied after the emergency has passed~
4. Single-fatnily and duplex homes built on individual lots which are part of an existing subdivision, provided a
stormwater lnanagelnent system approved by the Monroe County growth management division or South Florida Water
Management District is in place, and is provided as part of the application Inaterials.
D. Single-Family and Duplex Homes.
1. Criteria. All water-quality criteria as per subsection (F)(2) of this section.
2. Adjministrative Procedures. At building permit review, stormwater management criteria will be applied, generally
to assess the' applicants' compliance with these criteria through the ilnplementation of best management practices. An appli-
canfs stormlwater management plan lnust comply with the criteria listed in subsection (F)(2) of this section or, in the alter-
native~ follow the guidelines outlined in the document entitled "LaYlnan's Brochure" distributed by Monroe County.
3. Lot Coverage Expansion/Retrofitting Requirements. Those existing single-family and duplex lot owners wishing to
expand impl~rvious area shall bring the increase in impervious area into compliance with this section. Any substantial im-
provements will be brought into compliance with the applicable provisions of the land developlnent regulations.
E. General Criteria.
1. Water Management Areas. Such areas shall be legally reserved to and maintained by the operational entity and be
dedicated on the plat, deed restriction, or easements. Any change in the use of the property must comply with this regulation
and any oth~~r requirements of the Florida Keys comprehensive plan and the Monroe County Code. Stormwater management
areas shall be connected to a public road or other location from which operation and maintenance means of access are le-
gally and physically available to the operational entity, in accordance with county land developlnent regulations governing
subdivision of land.
2. Environmental hnpacts. All surface water management plans will be reviewed by the staff to evaluate anticipated
impacts of the proposed work on the environment of Monroe County. The following environmental features, among others,
will be used by the staff in evaluating impacts:
a. Wetlands and isolated wetlands~
b. W aterbodies~
c. Intermittent (seasonally wet) ponds~
d. Mixed upland and wetland systems~
e. Pinelands~
( Dunes/beach berms~
g. Harnmock areas~
h. Uplands areas~ and
1. Preferred habitat of rare and endangered plant and animal species.
3. Legal Operational Entity Requirements. An acceptable, responsible entity which agrees to operate and maintain the
surface water management system will be identified in the building permit application. The entity must be provided with
sufficient oVfnership so that it has control over all water management facilities authorized. The following are examples of
entities whic:h may be acceptable:
a. Governmental agencjes~
b. Nonprofit corporations, including homeowners associations~ property owners associations, condominium owners
associations. or master associations~ or
409
9.42.030
c. The property owner as permittee~ or his or her successors~ if the property is wholly owned by the pennittee and is
intended to be so retained.
The entity Inust provide legally binding written documentation that it will accept the operation and Inaintenance of all
surface water Inanagelnent systelns prior to approval.
4. Water Quality Considerations. All new surface water Inanagement systems will be evaluated based on the ability of
the system to prevent degradation of receiving waters and the ability to conform to state water quality standards established
in Chapters 17-3~ 17-25~ and I 7-40~ Florida Adlninistrative Code. Developlnents which plan to utilize Outstanding Florida
Waters for discharge of stonnwater will be given more detailed evaluation by the county staff.
5. Water Quantity Considerations. All new stormwater management systems will be evaluated on the ability of the
system to prevent flooding of on-site structures~ adjacent properties~ roads~ and road rights-of-way based upon antecedent
rainfall conditions.
F. Technical Criteria.
1 . Water Quantity.
a. Discharge. Off-site discharge is limited to alnounts which will not cause adverse off-site ilnpacts. These alnounts
are:
l. Historic discharges based on natural site drainage patterns~ or
II. Alnounts detennined in previous South Florida Water Management District or Monroe County permit actions.
b. Drainage and Flood Protection Criteria. The surface water managelnent system shall be designed using a twenty-
four (24) hour rainfall duration and twenty-five (25) year return frequency in computing allowable off-site discharge rate.
Flood protection and floodplain encroachment standards shall be those established in the Monroe County land development
regulations and comprehensive plan.
If post-development conditions are such that a volume greater than the retention and/or detention volulne required for
stormwater management is already being retained on-site~ that condition will be maintained.
2. Water Quality.
a. Projects shall be designed so that discharges will meet state water quality standards~ as set forth in Chapters 17-3~
17-25 and 17-40~ Florida Administrative Code.
b. Retention/Detention Criteria. These criteria are based on the principle that the first flush of runoff contains the Ina-
jority of the pollutants. The volulne which needs to be retained or detained is dependent on the method of stormwater man-
agement and the land use.
i. Retention and/or detention in the overall system~ including swales~ canals~ greenways~ and similar waterways~ shall
be provided for the first inch of runoff or two and one-half inches times the percent of impervious coverage~ whichever is
greater.
ii. Commercial or industrial projects shall provide at least one-half inch of dry detention or retention pretreatlnent as
part of the required retention/detention.
iii. Systems with inlets in grassed areas will be credited with up to two-tenths inch of the required wet detention
amount for the contributing areas. Full credit will be based on a ratio of 5: I (pervious area/impervious area)~ with the excep-
tion of saltmarsh and buttonwood habitats~ which will require a cOlnparable ratio of7: I. Grassed areas must be pennanently
protected from vehicular use and structural encroachment.
iv. Projects having greater than forty (40) percent impervious area which discharge directly to sensitive receiving water
shall provide dry detention or retention pretreatment equal to fifty (50) percent of the total required depending on the ar-
rangement of on-site facilities. Sensitive receiving waters are defined as:
(A) Class I or class II waters~
(B) Class III~ Outstanding Florida Waters;
(C) Canals connecting with these waters.
v. Water surfaces can be deducted from site areas for water quality pervious/impervious calculations.
c. Master Drainage Plan for Subdivisions. Projects to be subdivided for sale are required to have installed by the per-
mittee~ as a miniInum~ a stormwater management system which provides for a master stormwater collection and conveyance
system to interconnect the retention/detention system with the outfall~ with access points to the system available to each
individual lot or tract. The systems shall be sized to limit discharge under design conditions to the allowable discharge. Pro-
jects permitted in such a manner may require deed restrictions which identify to lot or tract purchasers the amount of addi-
410
9.42.030
tional on-site stormwater management necessary to provide flood protection for specific design events and any additional
retention/dl~tention required for water quality purposes.
3. Construction Considerations. After complying with the water quantity and water quality criteria sections of this
section as applicable, if discharge structures are necessary, the following design construction considerations shall apply:
a. Discharge Structures.
i. All design discharges from the site shall be made through and controlled by structural discharge facilities. Earth
berms shall be used only to disperse or collect sheet flows from or to ditches, swales, or other water channels, served by
discharge structures.
ii. Discharge structures shall be constructed so that they are stationary.
Ill. Discharge structures shall include gratings for safety and Inaintenance purposes. Removal of trash is mandatory if
the storm water Inanagement system discharges into surface waters and/or Outstanding Florida Waters.
iv. Discharge structures shall include systems which would allow discharge from other than the top or bottom of the
water colurnn and shall include a cleanable jUlnp area for the seditnent removal. Discharge structures from areas with
greater than fifty (50) percent impervious area or systems with inlets in paved areas shall include a baftle, skimmer~ or other
mechanism suitable for preventing oil and grease from discharging to and/or from retention/detention areas.
v. Direct discharges, such as through culverts, storm drains, or weir structures, will normally be allowed to receive
waters whi(;h by virtue of their large capacity and configuration, are easily able to absorb concentrated discharges. Such
receiving waters might include existing storm sewer systems and manmade ditches, canals, the bay, channels, and the ocean.
vi. Indirect discharges, such as overflow and spreader swales, are required where the receiving water or its adjacent
supporting ecosystem might be degraded by a direct discharge. The discharge structure would therefore discharge into the
overflow, spreader swale, or other channel, which in turn would release the water to the actual receiving water. Such receiv-
ing waters Inight include marshes, wetland, salt marshes and land naturally receiving overland sheetflow.
b. Dry Retention/Detention Areas (Not Applicable to Natural or Mitigation Wetland Areas).
l. Dry retention/detention areas shall allow for the return of the groundwater level in the area to the control elevation.
ii. On-site mosquito control ditches or other appropriate features for such purpose shall be incorporated into the design
of dry retention/detention areas.
iii. The design of dry retention/detention areas shall incorporate considerations for regular maintenance and vegetation
harvesting procedures.
c. Wet Retention/Detention Areas.
I. Dirnensional Criteria (as Measured at or From the Control Elevation).
(A) Depth. A minimum of twenty (20) percent of the area shallower than six feet is required.
(B) Side Slopes for Purposes of Public Safety, Water Quality Enhancelnent and Maintenance. All wet reten-
tion/detention areas should have side slopes no steeper than 4:] (horizontal/vertical) out to a depth of two feet below the
control elevation, or an equivalent substitute. Side slopes should be topsoiled, nurtured or planted from two feet below to
one foot above control elevation to promote vegetation growth. Littoral zone vegetation growth survival shall be a condition
for operation permit issuance.
ii. Support Facility Design Criteria. Perimeter maintenance and operation easements often (10) feet (minimum prefer-
able) width at slopes no steeper than 4: I (horizontal/vertical) should be provided beyond the control elevation water line.
Control elevations must be set so as not to cause flooding in roadways and to protect road subgrades.
d. Impervious Areas. Runoff shall be discharged from impervious surfaces through retention areas, detention devices,
filtering and cleansing devices, and/or subjected to some type of best management practice (BMP) prior to discharge from
the project site. For projects which include substantial paved areas, such as shopping centers, large highway intersections
with frequently stopped traffic, and high-density developments, provisions shall be Inade for the relnoval of oil, grease, and
sediment from storm water prior to discharge into the receiving waters of a watercourse.
e. Stagnant Water Conditions. Configurations which create stagnant water conditions shall not be allowed.
G. Stonnwater Management Plans. It is the responsibility of the applicant to include in the storm water management
plan for the developlnent sufficient information for the planning director to evaluate the environmental and storm water dis-
charge characteristics of the affected areas, the potential and predicted impacts of the proposed activity on community wa-
ters, and the effectiveness and acceptability of those measures proposed by the applicant for reducing adverse impacts. The
stormwater Inanagement plan shall contain Inaps, charts, graphs, tables, photographs, narrative descriptions, calculations,
explanations, and citations to supporting references, and any additional information deemed necessary by the planning di-
4] ]
9.42.030
rector. The stonnwater lnanagement plan must be sealed by an engineer registered in the state of Florida with experience in
stormwater lnanagement and drainage design.
H. Manual and Brochure of Stormwater Managelnent Practices.
1. The planning department staff shall compile a lnanual of storm water management practices tor the guidance of per-
sons preparing stormwater nlanagement plans and designing or operating storm water management systems by the effective
date of these regulations. The manual and brochure shall be the primary implementation tool and shall be updated periodi-
cally to reflect the lnost current and effective practices. This manual shall be made available to the public.
2. The lnanual shall include guidance and specifications for the preparation of storm water management plans. Accept-
able techniques for obtaining~ calculating, and presenting the information required in the stormwater manageInent plans
shall be described.
3. The Inanual and brochure shall include guidance for acceptable best management practices (BMP's) for stonnwater
management systems for single-family and duplex hOInes. It shall address the condition that improvelnents to the land may
result in water ilnprovement, thereby creating surface water over land that would otherwise not be wetland.
4. The manual and brochure shall include guidance in the selection of environmentally sound practices for the man-
agement of stormwater and the control of erosion and sedimentation. The development and use of techniques which elnpha-
size the use of natural systems shall be encouraged.
5. The manual shall also establish lninimum specifications for the construction of stormwater managelnent facilities.
Construction specification shall be established in accordance with sound engineering practices.
6. The planning department shall submit the manual and subsequent revisions of it to the board for review and ap-
proval. The manual may also be submitted for review to the Florida Department of Environlnental Regulation ~s Nonpoint
Source Management Section in Tallahassee and the South Florida Water Management District.
7. Adherence to these regulations shall be based on the guidelines outlined in the manual.
I. Adlninistration.
1. Pennit Application Procedures. The stormwater management plan shall be submitted as part of an application for
development approval outlined in the Monroe County Code unless otherwise herein exempted. All conditions, approvals
and fees shall apply.
2. Plan Adherence. The applicant shall be required to adhere to the plans as approved and permitted. Any changes or
amendlnents to the individual storm water management plan must be approved by the planning department prior to construc-
tion.
J. Maintenance and Inspection.
1 . The installed system( s) required by these regu lations shall be maintained by the owner or approved operating entity,
except that the county may select certain systems for county maintenance. The selection of critical areas and/or structures to
be maintained by the county shall be recommended to the board by the planning director and the director of public works.
All areas and/or structures to be maintained by the county must be dedicated to the county by plat or separate instrument
and accepted by the board. The system( s) to be maintained by the owner or approved operating entity shall have adequate
access and easements to permit the county right of entry to inspect and, if necessary, to take corrective action should the
owner fail to maintain the system(s) to be maintained by him or her. The planning director shall give such owner written
notice of the nature of corrective action necessary. Should the owner fail, within thirty (30) days from the date of the notice,
to take corrective action, the board may take the necessary corrective action and place a lien on the property of the owner to
recover the costs thereof.
2. The applicant shall arrange with the planning director for scheduling the following inspections (these inspections
may be scheduled along with other required inspections):
a. Erosion and sediment control inspection: as necessary during and after construction to ensure effective control of
erosion and sedilnentation. Control measures shall be installed and stabilized between any waters and any areas cleared
prior to land clearing.
b. Bury inspections: prior to the burial of any underground drainage structure.
c. Final inspection: when all work, including installation of all stormwater management system facilities, has been
completed.
The enforcement officer who inspects the work shall either approve it or notify the applicant in writing in what respects
there has been a failure to comply with the requirements of the approved pennit. Any portion of the work which does not
cOlnply shall be corrected by the pennittee within a time frame deemed reasonable by the planning director depending on
412
9.42.040
the tiJne net~ded to correct the violation and the effect of the violation on water and habitat quality, or the applicant will be
subject to the penalty provisions of subsection K of this section. There shall be a fee for inspections as established by the
board, and no certificates of occupancy shaH be issued without approval of the planning director.
K. Enforcelnent and Penalties.
1. Enforcelnent. I f the planning director determines that the project is not being carried out in accordance with the
approved plan or if any project subject to these regulations is being carried out without a permit he or she is authorized to:
a. Issue written notice to the applicant that specifies the nature and location of the alleged noncompliance and includes
a description of the remedial actions necessary to bring the project into compliance;
b. Issue or direct the building official to issue stop-work orders directing the applicant or persons in possession to
cease and desist all or any portion of the work which violates the provisions of these regulations until the remedial work is
cOJnpleted. 'The applicant shall then bring the project into compliance or be subject to denial of certificate of occupancy for
the project.
Any ord(~r issued pursuant to subdivision (I )(a) or (b) of this section not adequately addressed within ten (10) working
days shall be forwarded to the county~s code enforcelnent department.
With the exception of single- fam ily and duplex homes~ the planning director shall require a sealed, as-built topographic
survey detailing the completed storm water management system of the development.
2. Penalties. Penalties will be assessed pursuant to F.S. Ch. 163.
L. Appeals. Any person aggrieved by the action of any official charged with the enforcement of these regulations as
the result of the disapproval of a properly filed permit application, issuance of a written notice of violation, or an alleged
failure to properly enforce these regulations in regard to a specific application, shall have the right to appeal the action to the
Monroe County planning commission pursuant to Chapter 9.82. (Prior code S 9.5-293)
9.42.040 Revision of surface water management criteria.
The Monroe County planning cOlnmission shall consult with the Florida Department of Environmental Regulation and
the South Florida Water Management District, and shall recolnmend a stonnwater management ordinance for adoption by
the Monroe County board of county commissioners which is consistent with Chapter] 7 -25, Florida Administrative Code.
Such recomlnendation shall be provided to the board of county comlnissioners pursuant to Chapter 9.84 of this title within
twelve (12) Inonths of their effective date. (Prior code S 9.5-293.1)
9.42.050 Wastewater treatment criteria.
No structure or land shall be developed, used or occupied unless served by wastewater treatment facilities which meet
the following criteria:
A. On-.Site Treatment Facilities.
I. All on-site wastewater treatment facilities shall comply with the minilnum requirements of Chapter ] OD-6, Florida
Administrative Code.
2. Notwithstanding the minimum setback from surface water bodies established by Chapter] 00-6, Florida Adminis-
trative Code, on-site wastewater treatInent facilities shall be located such that the discharge point of such facilities is located
as far as possible away from any surface body of water without violating the other minimum setback requirements estab-
lished by Chapter 100-6, Florida Administrative Code.
3. All on-site wastewater treatment facilities shall be inspected by a licensed contractor or engineer every three years,
and a sworn affidavit that the on-site wastewater treatment capacity is operating at or above design capacity signed by the
inspecting contractor or engineer shall be filed with the planning department within thirty (30) days of such inspection.
B. Se\\'age Disposal Facilities.
1. All sewage disposal facilities shall comply with the minimum requirelnents of Chapter ] 00-6, Florida Administra-
tive Code.
2. Se\\'age disposal facilities shall be designed and located so that in the event of power failure, untreated effluent will
not be discharged into any surface body of water or any wetland.
3. Se\\'age disposal facilities shall be located such that any discharge point, whether by shallow or deep well, is lo-
cated as far as possible from any surface body of water without violating any other setback requirement established by
Chapter] OCI-6, Florida Administrative Code. (Prior code ~ 9.5-294)
413
9.42.060
9.42.060 General requirements for site improvements.
No development shall be approved without adequate provision for the installation of ilnprovelnents in accordance with
the standards set forth in this chapter and in accordance with the standards of the Florida Departlnent ofTransportation~ the
Florida Keys Aqueduct Authority~ Florida Keys Electric Cooperative Association~ lnc.~ ~~Standard Specifications and Details
of Monroe County~~ and other provisions of this title. (Prior code S 9.5-295)
9.42.070 Streets.
A. The arrangelnent~ character~ extent~ width~ grade and location of all streets shall conform to all Monroe County
plans and shall be considered in relation to existing and planned streets~ topographical conditions~ public convenience and
safety~ and in their appropriate relation to the proposed uses of the land to be served by such streets.
B. Right-of-way shall be provided and dedicated to the public in accordance with the following:
I. State roads: as detennined by the Florida Departlnent of Transportation;
2. Secondary roads and streets: fifty (50) feet~ with twenty-five (25) feet on either side of center line.
C. Roads and streets shall be located to provide access to all adjoining land at intervals of not more than one-quarter
mile (one thousand three hundred twenty (1 ~320) feet) unless blocked by a natural obstacle. Access to all adjoining property
must be provided by the developer at his or her expense if any of the developer~s actions block natural or existing access.
D. Names of subdivisions~ roads and streets previously used for subdivisions in the county shall not be given to new
subdivisions unless their post office addresses are different towns or cities. Roads and streets which form extensions~ or are
located along the general projections of existing roads and streets~ shall be named after the existing roads and streets.
E. Street markers and traffic-control signs shall be installed at the expense of the developer in accordance with the
county~s typical standard construction details.
F. The arrangement of streets in a subdivision shall either:
1 . Provide for the continuance or appropriate projection of existing principal streets in surrounding areas; or
2. Conform to a plan for the neighborhood to meet a particular situation where topographical or other conditions Inake
continuance or conformance to existing streets impracticable.
G. Minor streets shall be laid out to discourage their use by through traffic.
H. Where a subdivision abuts or contains existing or proposed arterial streets~ the county engineer may require Inar-
ginal-access streets~ reverse frontage with screen planting contained in a nonaccess reservation along the rear property line~
deep lots with rear service alleys~ or such other treatlnent as may be necessary for adequate protection of residential proper-
ties and to afford separation of through and local traffic.
I. Reserve strips controlling access to streets shall be prohibited except where their control is placed under the county~
with conditions approved by the county engineer.
J. Streets with centerline offsets of less than one hundred twenty-five (125) feet at points of intersection with other
streets shall be avoided where possible.
K. A tangent of at least one hundred (100) feet shall be introduced between reverse curves on arterial and collector
streets if required by the county engineering department.
L. When connecting street lines deflect from each other at anyone point by more than ten (I 0) degrees~ they shall be
connected by a curve with a radius adequate to ensure a sight distance of not less than three hundred (300) feet for minor
and collector streets~ and of such greater radi i as the department of planning shall determine for special cases.
M. Streets shall be laid out so as to intersect as nearly as possible at right angles~ and no street shall intersect any other
street at less than eighty (80) degrees.
N. Property lines at street intersections shall be rounded with a minimum radius of twenty-five (25) feet~ or a greater
radius where the county engineer may deem it necessary. The county engineer may permit comparable cutoffs or chords in
place of rounded comers.
O. Half-streets shall be prohibited~ except where essential to the reasonable develoPlnent of the subdivision in confor-
tuity with the other requirements of this chapter and Chapters 9.32 through 9.40~ 9.44 and 9.48 through 9.66~ and where the
county engineer finds it will be practicable to require the dedication of the other halfwhen the adjoining property is subdi-
vided. Wherever a half-street is adjacent to a tract to be subdivided~ the other half of the street shall be platted within such
tract.
P. Dead-end streets~ designed to be so permanently~ shall be provided at the closed end with a turnaround having an
outside roadway diameter of at least seventy (70) feet~ and a street property line diameter of at least one hundred (1 00) feet~
414
9.42.080
or may be provided with a "T" type turnaround as may be approved per Standard Specifications and Details of Monroe
County by the department of planning.
Q. Street grades, including bridge approaches, shall not exceed six percent and shall include properly designed vertical
curves.
R. Paved roads and streets shall be paved at least twenty (20) feet wide on a tninimutn base width of twenty-two (22)
feet and a tTlinimum subgrade width of twenty-four (24) feet, all as required in Monroe County's typical standard construc-
tion details.
S. Stabilized shoulders seven feet wide shall be provided for public parking and safety alongside roads and streets.
T. The minitnum crown elevation of all roads and streets in Monroe County shall be + 4.0 msl. (Prior code ~ 9.5-296)
9.42.080 Easements.
A. EX1cept as provided in subsection B of this section, easements for drainage and utilities shall be provided along lot
lines of no less than six feet on both sides of the lot lines thus creating easements a Ininimuln of twelve (12) feet wide along
such lot lines.
B. Easements for waterlines provided by the Florida Keys Aqueduct Authority shall be provided along the front lot
line within the public right-of-way, and shall be of sufficient size to provide access for maintenance and repair and at least
twelve (12) feet wide.
C. Where a subdivision is traversed by a watercourse, drainage way or channeL there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or
construction, or both, as will be adequate for the purpose. Parallel streets or parkways may be required in connection
therewith. ~f'1aintenance easements of fifteen (15) feet shall be required along drainage canals. (Prior code S 9.5-297)
9.42.090 Blocks.
A. The length, width and shape of each block shall be determined with due regard to:
] . Provision of adequate building sites suitable to the special needs of the type of use contemplated;
2. Regulations as to lot sizes and dimensions;
3. Nel~d for convenient access, circulation, control and safety of street traffic;
4. Lin1itations and opportunities of topography.
B. Block lengths shall not exceed one thousand three hundred twenty (1,320) feet, unless topographic or other features
dictate otherwise, nor be less than four hundred (400) feet. Block width shall be no less than two hundred (200) feet except
for single row or reverse frontage blocks.
C. Pedestrian crosswalk rights-of-way, not less than six feet wide in residential districts but not less than twelve (12)
feet in comnrlercial districts, shall be required where deemed essential by the director of planning or the director of the pub-
lic works de~partment to provide circulation or access to schools, playgrounds, shopping centers, transportation and other
community facilities. (Prior code S 9.5-298)
9.42.100 Lots.
A. Tht~ lot size, width, depth, shape and orientation, and the minimum building setback lines shall be appropriate for
the location of the subdivision and for the type of development and use contemplated in accordance with the plan.
B. Lot dimensions shall conform to the following:
1. Res.identiallots, where not serviced by public or private sewer systems, shall be sufficient to accommodate a septic
tank and drain field Ineeting standards determined by the Monroe County health department and Chapter 100-6, Florida
Administrative Code.
2. Depth and width of properties reserved or laid out for business purposes shall be adequate to provide for the off-
street service and parking facilities required by the type of use and development contemplated.
C. Corner lots for residential use shall have a front yard for both streets. Setbacks for nonfrontal yards shall not exceed
setback totals as prescribed in Section 9.40.010.
D. Side lot lines shall be substantially at right angles or radial to street lines, where possible. (Prior code S 9.5-299)
415
9.42.110
9.42.110 Public sites and open spaces.
Where a proposed park~ playground~ school or other public use shown is located in whole or in part in a subdivision~ the
board of county commissioners may require the dedication or reservation of such area within the subdivision. (Prior code
~ 9.5-300)
9.42.120 Monuments.
A. Concrete Inonuments four inches in diameter or four inches square and not less than two feet long~ with a flat top~
shall be set at all comers~ at all points where the street lines intersect the exterior boundaries of the subdivision~ and at angle
points and points of curve in each street. The top of the monument shall have an indented cross to properly identify the loca-
tion and shall be set flush with the finished grade.
B. All other lot comers shall be marked with iron pipes not less than three-quarters inch in diameter and eighteen (18)
inches long and driven so as to be flush with the finished grade. (Prior code ~ 9.5-301)
9.42.130 Curbs and gutters.
Permanent six-inch concrete curbs with twenty-four (24) inch integral concrete gutters or standard rolled curb and gutters
may be provided or such other construction as may be approved by the director of public works and county engineer. (Prior
code ~ 9.5-302)
9.42.140 Sidewalks.
A. If concrete sidewalks are provided~ they shall be at least four inches thick and reinforced with a six-inch by six-inch
nUlnber wire mesh on a mechanically compacted base.
B. If sidewalks are provided~ the Ininimum width shall be as follows:
1. Detached residential dwelling areas~ four feet~
2. Attached residential or institutional~ residential areas~ five feet~
3. Commercial~ retail areas~ ten (10) feet. (Prior code ~ 9.5-303)
9.42.150 Installation of utilities and driveways.
A. The installation of utilities shall be approved as part of a minor conditional use procedure.
B. Utility services shall be installed underground when feasible~ including electric power~ telephone and community
antenna television service. Both main transmission lines and individual service connection lines to buildings should be in-
stalled underground.
C. All driveways shall be composed of compacted fill or concrete not less than four inches thick on a mechanically
cOlnpacted base and reinforced with at least six-inch by six-inch number wire mesh~ or such other construction~ including
penneable paving materials, as may be approved by the public works department or the county engineer.
D. If a driveway is installed to serve two or more lots~ an agreement between the lot owners must be approved by the
public works department or the county engineer to ensure the maintenance of the driveway.
E. All underground utility mains and service connections shall be completely instal1ed~ inspected and approved by the
public works department or the county engineer before grading is commenced and after grading is completed and before any
road base is applied. (Prior code ~ 9.5-304)
9.42.160 Water supply and sanitary sewer service.
A. Septic tanks and drain fields shall be permitted only when approved by the Monroe County health department and
the Florida Department of Health and Rehabilitative Services.
B. Proposed waterlines shall be coordinated with the Florida Keys Aqueduct Authority and shall meet all conditions
and requirelnents of the FKAA water main extension policy.
C. Individual wells shall only be permitted where there is no public supply of water feasible. (Prior code ~ 9.5-305)
9.42.170 Street name signs.
The developer~ at his or her expense, shall install street name signs at each intersection of the subdivision~ including en-
trance roads~ of durable and sound construction in accordance with Standard Specifications and Details of Monroe County.
(Prior code ~ 9.5-306)
416
9.42.180
9.42.180 Traffic-control signs.
The developer~ at his or her expense~ shall install traffic-control signs at locations detennined by the planning cOlnlnis-
sion or the public works director and/or county engineer. Such signs shall meet the requirements of the Uniform Sign Man-
ual of the Florida Department of Transportation. (Prior code ~ 9.5-307)
9.42.190 Live-aboards.
Live-aboards shall be hooked up to an on-land sewage disposal systeln or shall be provided with onshore sanitary facili-
ties~ and each live-aboard shall count as a dwelling unit for the purposes of calculating density limitations in the district in
which it is pennitted. (Prior code ~ 9.5-308)
9.42.200 Fences.
It is the purpose of this section to regulate fences in order to protect the public health~ safety and welfare.
A. Height. In general~ all fences shall be measured froln the finished elevation adjacent to the fence and shall not ex-
ceed six feet in height.
1. For properties with access to U.S. 1 and to county designated arterial streets and for all nonresidential properties
with access to any public street~ no fence exceeding three feet shall be located within a clear sight triangle as defined in Sec-
tion 9.60.070 that interferes with the safe and adequate view of vehicles and pedestrians utilizing streets and sidewalks~
2. No fence exceeding three feet shall be located at the intersection of any two public streets within the clear sight
triangle as defined in Section 9.60.070~
3 . For residential properties on local streets~ fences located within the clear sight triangle as defined in Section
9.60.070 may exceed three feet in height if located on private property a minimum often (10) feet from the edge of pave-
ment of the street~ the sidewalk or the bike path~ whichever is closer to the property. On unpaved streets~ the distance shall
be measured from the approximate edge of the cleared right-of-way. If the setback of existing fences on the street is greater
then ten (1 0) feet~ the fence shall be setback the same distance or to a maximum of twenty (20) feet~ whichever is less~
4. No fence shall exceed four feet in height within any front yard setback or within any side yard setback when such a
yard is adjacent to a public street~ except as follows:
a. Within all land use districts~ fences of five feet in height may be permitted if constructed of chain link or other ma-
terial which does not impair visibility ~
b. Within land use districts UC~ SC~ I~ MI, and AD, and when permitted in a commercial fishing district around stor-
age lots~ fences may be constructed to a height of six feet~
c. Within land use districts IS~ SR~ SR-L~ SS and NA~ fences may be constructed to a height of six feet provided that
no other residentially developed property is located within two hundred (200) feet of the subject property~
d. On Stock Island and on Key Haven~ fences may be constructed to a height of six feet~
5. When it is necessary to use a fence to contain athletic activity ~ the fence may exceed six feet to a maximum of
twelve (12) feet~ and be designed not to impair visibility~ and such fences shall be subject to a minor conditional use ap-
proval.
B. Setbacks. In general, fencing may be located anywhere on the property, including the property line, except as fol-
lows:
1. The use of a fence shall not negate buffer yard requirements and standards. The clearing of existing native vegeta-
tion to locat(~ a fence in the buffer yard will only be permitted to facilitate the construction of fences located along the inside
or outs ide edge of the required buffer yard.
2. No fence shall be placed so as to extend into or through any wetlands or water bodies~ or extend beyond the mean
high tide lilli~ on any property.
3. Fences placed on any structure shall not violate height requirements for that structure.
4. In no event shall fences be approved if they restrict fire and emergency access to individual or adjacent properties.
5. Setback requirements for Big Pine and No Name Key are listed in subsection C of this section.
c. Big Pine and NoN ame Key. The purpose of this section is to recognize and provide for the particular habitat needs
of the Floridla Key Deer (Odocoileus virginianus clavium) on Big Pine Key and No Name Key so that deer movement
throughout Big Pine Key and No Name Key is not hindered while allowing for reasonable use of minimal fencing for the
417
9.42.200
purposes of safety and protection of property. In add ition to all other standards set forth in this section, all fences located on
Big Pine Key and No Name Key shall meet the standards of this subsection as listed below:
1. In the improved subdivision (IS) land use district, fences shall be set back as follows:
a. On canal lots, fences shall be set back at least fifteen (15) feet from the edge of abutting street rights-of-way~ and
built to the edge of all other property lines or as approved through a U.S. Fish and Wildlife Service coordination letter:
b. On all other lots, fences shall be set back at least fifteen (15) feet from the edge of abutting streets rights-of-way, at
least five feet froln side property lines and at least ten (10) feet from the rear property line, or as approved through a U.S.
Fish and Wildlife Service coordination letter:
2. In all other land use districts, fences Inay enclose up to a maximuln of and not to exceed the net buildable area of
the parcel only:
3. Enclosure of the freshwater wetlands by fences is prohibited:
4. All fences shall be designed and located such that Key deer access to native habitat, including pinelands, haln-
mocks, beach berms, saltmarshes, buttonwoods and mangroves, is maintained wherever possible:
5. All fences shall be designed and located such that Key deer corridors, as identified by the U.S. Fish and Wildlife
Service, shall be Inaintained:
6. Fences shall not be permitted without a principal use except where the enclosed area consists of disturbed lands or
disturbed land with exotics.
D. Use. Fences may be allowed as accessory uses within any land use district and without a principal use existent
where upland security is required as otherwise permitted in this title.
E. Construction Material. Fences may be constructed of natural or manmade Inaterials, including but not limited to
brick, lumber, stone, metal, plaster, concrete and masonry:
I. All materials shall be approved by the planning director as in conformance with the visual character of the sur-
rounding neighborhood and cOlnmunity character.
2. No barbed or razor wire shall be permitted except in the Industrial (I) and Airport (AD) districts with the approval
of the planning director.
F. Attachments to Fences. No attachlnents to fences shall be allowed, including but not limited to, banded and ribbon
wire, signs projecting above six feet from the ground level, broken glass or metal strips except as a minor conditional use
approval. The on ly exception shall be a maxilnum of two e lectricallights attached to the fence not exceeding two feet in
height above the maximum height limit. These lights shall comply with all requirements of Chapter 9.56 and be permitted as
of right.
G. Required Permit. All fences shall be constructed pursuant to a building permit issued by the county building de-
partment.
H. Limited Clearing. To allow construction of protective fences and gates, limited clearing may be pennitted if the
following design standards have been met:
1. Such limited clearing does not occur in scenic highway corridors established and adopted in this title:
2. Lilnited clearing shall not relnove native vegetation that would provide for the minimuln buffer required in Section
9.54.010:
3. Existing tree canopies within hardwood and pineland hammocks are not removed.
I. Maintenance. All fences shall be maintained in good repair at all times. (Ord. 036-2003 ~ 1: prior code ~ 9.5-309)
418
9.44.010
Chapter 9.44
FLOODPLAIN MANAGEMENT
Sections:
9.44.010
9.44.020
9.44.030
9.44.040
9.44.050
9.44.060
Purpose and intent.
General provisions.
Permit req uirements.
Standards for issuance of building permits in areas of special flood hazards.
Variances to the floodplain management requirements.
Required inspections of residential structures.
9.44.010 Purpose and intent.
It is the purpose of the floodplain management provisions to prolnote the public health~ safety and general welfare and to
minilnize public and private losses due to flood conditions in specific areas by provisions designed to:
A. Restrict or prohibit uses which are dangerous to health~ safety and property due to water or erosion hazards., or
which result in increases in erosion or in flood heights or velocities;
B. Require that uses vulnerable to floods~ including facilities which serve such uses., be protected against flood damage
at the time of initial construction;
C. Control the alteration of natural floodplains~ strealn channels., and natural protective barriers which are involved in
the accomIllodation of floodwaters;
D. Control filling., grading., dredging and other development which may increase erosion or flood damage;
E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may in-
crease flood hazards to other lands;
F. To Ininimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense
of the general public;
G. To minilnize prolonged business interruptions;
H. To minimize damage to public facilities and utilities such as water and gas mains., electric., telephone and sewer
lines., and streets and bridges located in floodplains;
I. To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such
manner as to minimize future flood blight areas; and
J. To ensure that potential home buyers are notified that the property is in a floodplain area.
The board of county commissioners deem it in the best interest of its citizens that prudent measures be taken to minimize
the potential public and private loss due to flooding. It is the intent of the board of county commissioners that the county at
all times be ,~ligible for., and receive., the benefit of participation in the National Flood Insurance Program. It is therefore the
intent of the board that the provisions of this chapter be strictly adhered to in all areas of special flood hazard within the
jurisdiction of unincorporated Monroe County. (Prior code S 9.5-3 15)
9.44.020 General provisions.
A. Applicability. Except as provided for the elevated portion of a nonconforming residential structure by Section
9.44.040(A}( 10)., no structure or manufactured home hereafter shall be located~ extended., converted or structurally altered
without full compliance with the terms of this chapter in addition to other applicable regulations of this title.
B. Adoption of Maps. The areas of special flood hazard identified by the Federal Emergency Management Agency
(FEMA) in its Flood Insurance Study and Wave Height Analysis for Monroe County., Florida., Unincorporated Areas., dated
October 17~ 1989~ or the Inost current official maps approved by FEMA~ with accompanying maps and other supporting
data and any revisions thereof~ are adopted by reference and declared to be a part of this chapter., and shall be kept on file~
available to the public~ in the offices of the county planning developlnent.
C. Rules for Interpreting Flood Hazard Issues. The boundaries of the flood hazard areas shown on the official flood
insurance rate maps may be determined by scaling distances. Required interpretations of those maps for precise locations of
such boundaries shall be made by the floodplain administrator., in consultation with the building official. In interpreting
other provisions of this chapter., the building official shall be guided by the current edition of FEMA's 44 CFR., and
419
9.44.030
FEMA's interpretive letters, policy statelnents and technical bulletins as adopted by resolution from tilne to time by the
board of county commissioners. Additionally, the building official shall also obtain, review and reasonably utilize any base
flood elevation and floodway data available from a federal, state or other source, as criteria for requiring that new construc-
tion, substantial improvelnents, and other developlnents Ineet the criteria required in the appropriate flood zone. (Ord. 037-
2003 ~ 1 (part): prior code ~ 9.5-316.1)
9.44.030 Permit requirements.
A. Except for work specifically exempted under Title 6 of this code, the building official shall require building pennits
for all proposed construction or other improvements within areas of special flood hazard. In addition to the standard re-
quirelnents for a building permit, an application for a building permit for construction or ilnprovements within areas of spe-
cial flood hazard shall contain the information and certifications set forth in a form provided by the director of planning.
8. All building foundations shall rest directly on natural rock, on concrete piling driven to rock or on friction piling
(concrete or wood) and shall be anchored to such rock support by holes, sixteen (16) inches in minimum dialneter, augured
into the rock a minilTIum depth of three feet and reinforced by a minilTIum of four number five vertical rods extending up
into the piers above a minimuln of eighteen (18) inches and tied to the vertical steel of the pier. Wooden pilings shall be
locked into sixteen (16) inch auger foundations by at least a number five rebar extending through the piling and three to five
inches beyond.
C. The permit holder shall provide a floor elevation after the lowest floor is completed or, in instances where the struc-
ture is subject to the regulations applicable to coastal high-hazard areas, after placement of the lowest horizontal structural
Inembers of the lowest floor. Floodproofing certification shall be provided prior to a certificate of occupancy or prior to
final inspection.
D. Within twenty-one (21) calendar days of establishment of the lowest floor elevation, or upon placement of the low-
est horizontal structural members of the lowest floor, whichever is applicable, it shall be the duty of the permit holder to
submit to the building official a certification of the elevation of the lowest floor or the lowest portion of the lowest horizon-
tal structural members of the lowest floor, whichever is applicable, as built in relation to mean sea level. Such certification
shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and certified by
same. When tloodproofing is utilized for a particular building, the certification shall be prepared by or under the direct su-
pervision of a professional engineer or architect and certified by same. Any work done within the twenty-one (21) day pe-
riod and prior to sublnission of the certification shall be at the permit holder's risk. The building official shall review the
tloor elevation survey data submitted.
Deficiencies detected by such review shall be corrected by the permit holder ilrunediately and prior to further progressive
work being permitted to proceed. Failure to submit the surveyor failure to make the corrections required shall be causes to
issue a stop-work order for the project.
E. Warning and Disclailner of Liability. The degree offlood protection required in this chapter is reasonable for regu-
latory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occa-
sions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the ar-
eas of special flood hazard or uses permitted within such areas will be free from tlooding or flood damages. This chapter
shall not create liability on the part of Monroe County or any officer or employee thereof for any flood damages that result
from reliance on this chapter or any administrative decision lawfully Inade thereunder.
F. Definitions. The words and phrases used in this chapter shall have the meanings prescribed in this title, except as
otherwise indicated as follows:
~~Alteration" means any change or modification in construction type, materials, or occupancy.
~'DeveloplnenC' means any manlnade change to ilnproved or unilnproved real estate, including but not limited to build-
ings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equiplnent
or materials.
~'Elevated building" means a non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
~'Enclosure" means that portion of an elevated building below the lowest elevated tloor that is either partially or fully
shut in by rigid walls and used solely for limited storage, parking or entryways. Enclosures shall not be constructed,
equipped or used for habitational purposes.
420
9.44.030
~~Existing construction" means structures for which the start of construction commenced before the effective date of the
floodplain rnanagement regulations adopted by the community January 1, 1975. Existing construction is also known as pre-
FI RM structures.
"Existing manufactured home park" means a manufactured home park or subdivision for which the construction offacili-
ties for servicing the lots, the construction of the streets, and either final site grading or the pouring of concrete pads is COlTI-
pleted before the effective date of the floodplain management regulations adopted by the community January 1, 1975 and in
which, at the time of application, there are no site built residences or the park or subdivision is lilnited to manufactured
hOlnes by this title.
~~Finishing materials" means anything beyond basic wall construction pursuant to FEMA Technical Bulletin 2-93, which
is normally associated with habitable space. Finishing materials include but are not limited to ceiling mold, trim, base-
boards, decorative finish work, wainscoting, and textured woods.
~~Limitedl storage" means the storage of items not subject to damage by water or exposure to the elements such as lawn
mowers, rakes, wheelbarrows and similar outdoor equipment. Limited storage does not apply to household itelns, indoor
furniture, personal property, tools or other equipment vulnerable to damage by floodwaters.
~~Manufactured home" means a structure transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required utilities. The term also includes
park trailers, travel trailers, and similar transportable structures placed on a site for one hundred eighty (180) consecutive
days or longer and intended to be improved property.
~~Market value" Ineans the Monroe County property appraiser's depreciated value of the structure plus twenty (20) per-
cent. A cost approach appraisal for determination of market value submitted by the applicant may be used if the county
building official considers such cost approach appraisal consistent with local construction costs. Where a cost approach ap-
praisal is not accepted by the staff because it appears to be inconsistent with local construction costs, an applicant may re-
quest revie~1 by an independent third party appraiser duly authorized by the county. The cost of independent review shall be
borne by the: applicant. The reviewing appraiser shall determine if the appraisal value cost approach reasonably reflects an
appropriate value of the structure. The independent appraiser's determination shall be in writing. Professionals preparing a
cost approach appraisal shall be required to possess certifications as State Certified Residential Appraisers for appraising
one to four family residential properties and State Certified General Appraisers for all other properties including commercial
and multi residential. Copies of all certified appraisals shall be forwarded to the office of the county property appraiser.
"New construction" means those structures for which the start of construction commenced on or after the effective date
of the floodplain management regulation adopted by the community which is January I, 1975. New construction is also
known as post-FIRM structures.
~~Nonconforming" means a structure, improvement or other development, which is not fully compliant with the terms of
this chapter.
~~Pure Inanufactured home park" means a manufactured home park which at the time of application has no site-built resi-
dences or a park or subdivision which is limited to manufactured homes only by this title.
~~Recreational vehicle" Ineans a vehicle which is: (a) built on a single chassis~ (b) four hundred (400) square feet or less
when measured at the largest horizontal projection~ (c) designed to be self propelled or permanently towable by a light duty
truck~ and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational,
camping, travel or seasonal use.
~~Start of Iconstruction" means (for other than new construction or substantial improvements under the Coastal Barrier
Resources Act) the date the building permit was issued, provided the actual start of construction, repair, reconstruction, re-
habilitation, addition, placement or other improvement was within one hundred eighty (180) days of the permit date. For
substantial iJmprovelnents the ~~actual start of construction" means the first alteration of any wall, ceiling, floor, or other
structural part of a building whether or not the alteration affects the external dimensions of the building.
~~Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to
its before daJmaged condition would equal or exceed fifty (50) percent of the market value of the structure before the dam-
age occurred. Damage of any origin includes but is not limited to demolition in preparation for improvement, deterioration
due to lack of maintenance and repair and exposure to the elements and damage by acts of God.
~~Substant:ial improvelnent" Ineans any repair, reconstruction, rehabilitation, addition, or other improvement the cost of
wh ich equals or exceeds fifty (50) percent of the market value of the structure either: ( a) before the improvement or repair is
42]
9.44.040
started~ or (b) if the structure has been damaged and is being restored, before the dalnage occurred. This term includes struc-
tures that have incurred substantial dalnage regardless of the actual repair work perfonned. The term does not include either:
I. Any project for improvement to correct existing violations of state or local health, sanitary or safety code specifica-
tions which have been identified by local code enforcelnent officials and which are the lninilnum necessary to assure safe
conditions~ or
2. Any alteration of a historic structure provided that the alteration will not preclude the structures continued designa-
tion as a historic structure. Substantial improvements only apply to structures whose initial construction began prior to
January 1, 1975 (pre-FIRM) or structures rendered noncompliant to the elevation requirelnents because ofa change in Flood
Insurance Rate Maps (FIRMs). (Ord. 037-2003 ~ 1 (part): prior code ~ 9.5-316.2)
9.44.040 Standards for issuance of building permits in areas of special flood hazards.
A. Generally. No building permit for proposed construction within an area of special flood hazard shall be granted
unless the proposed construction is in compliance with the standards set forth in this chapter. In all areas of special flood
hazard, the following standards apply:
I. All new construction and substantial improvelnents shall be adequately anchored by pilings or colulnns to prevent
flotation, collapse or lateral movelnent of the structure.
2. All applications deemed substantial or nonsubstantial must be approved by the floodplain administrator, director of
growth management, or the building official/director.
3. All new construction and substantial improvements shall be constructed with materials and utility equipment resis-
tant to flood damage.
4. All new construction and substantial improvements shall be constructed by methods and practices that minimize
flood damage.
5. All new or replacement water supply systems shall be designed and constructed by lnethods and practices that
minimize flood damage.
6. All new or replacement sanitary sewage systems shall be designed and constructed to minimize or elilninate infil-
tration of floodwaters into the system and discharge from the system into floodwaters. Joints between sewer drain compo-
nents shall be sealed with caulking plastic or rubber gaskets, and all manhole covers shall be sealed in as similar manner.
7. On-site waste disposal systems shall be located and constructed to minimize or eliminate damage to them and con-
tamination froln them during flooding.
8. Any alteration, repair, reconstruction or improvement to a structure which already is in compliance with the provi-
s ions of this chapter shalllneet the requirements of new construction as contained in thi s chapter.
9. Nonconfonning uses and construction below elevated post-FIRM buildings may not be expanded or improved or
repaired froln dalnages of any origin and no building perm it shall be issued for any improvelnents to be low base flood en-
closures, other than for demolition or a permit to remedy a life safety hazard, unless the structure is brought into compliance
with this chapter.
10. The elevated portion of any nonconfonning structure lnay be extended, expanded, or structurally altered upon meet-
ing the following conditions:
a. The improvement is not substantial as defined under in this chapter:
b. Prior to approval and issuance of the building permit for construction of the proposed improvement, the growth
management division staff shall cOlnplete an inspection of the below base flood enclosed area to document the extent of any
nonconformity~ and
c. If the structure is located within a V -zone, prior to the issuance of a building permit, the pennit applicant shall
submit a professional engineer's or registered architect's sealed certification that the improvements to the nonconforming
structure do not subject the elevated portion of the structure to increased flood risk or structural dalnage.
II. No manmade alteration of sand dunes, dune ridge, lnangrove stands or wetlands shall be allowed which would in-
crease potential flood damage.
12. All new construction shall be located landward of the reach of mean high tides.
422
9.44.040
13. All agreements for deed, purchase agreements, leases, or other contracts for sale or exchange of lots within areas of
special flood hazard shall carry the following flood hazard warning prominently displayed on the document:
Flood Hazard Warning
This property may be subject to flooding. You should contact the county growth managelnent division and ob-
tain th~~ latest information regarding flood elevations and restrictions on development before Inaking use of this
property.
B. Additional Standards. In all areas of special flood hazard where base flood elevation data has been provided the
following provisions are required:
1 . Residential Construction.
a. New construction or substantial improvement of any residential structure shall have the lowest floor for zones A]-
30., AE and AH or bottom of the lowest supporting melnber for zones V] -30., VE or V elevated at or above the base flood
elevation level.
b. Ele:ctrical and mechanical equipment servicing an elevated structure must be elevated at or above the required base
flood elevation. Elevators may be placed below the base flood elevation, if the mechanical and electrical equipment serving
the elevator is designed., certified and/or located so as to prevent water from entering or accumulating within the compo-
nents during conditions of flooding.
c. Sev~ler and storm drainage systems, which extend below the base flood elevation, shall be provided with automatic
backflow prevention valves or devices installed at the point where the line passes an exterior wall or slab.
d. Except as noted in subsection (B)(7) of this section., the space below the lowest floor of an elevated structure shall
be used excllusively for parking of vehicles, elevators., limited storage or building access purposes. Such spaces may be en-
closed under the following conditions:
i. Only a maximum of two hundred ninety-nine (299) square feet of the space shall be enclosed with opaque materi-
als. Any renlaining portion of an enclosed area of more than two hundred ninety-nine (299) square feet shall not be enclosed
with screen or lattice. This limitation shall not apply to parking of aircraft beneath residential buildings abutting airport dis-
tricts. Areas of three hundred (300) square feet or more, enclosed with opaque materials., existing on the effective date of the
ordinance codified in this section, shall be deemed conforming as to the provisions of this paragraph~ however, such enclo-
sures shall not be expanded or substantially improved unless they are brought into compliance with this chapter.
ii. Walls of any enclosed area must be designed and constructed in a manner to prevent flotation, collapse and lateral
movement of the structure.
Ill. Tht~ walls of any enclosed area below the base flood elevation in zones A 1-30, AH and AE on the community
FIRM shall be provided with openings such as vents, louvers or automatic valves which pennit the level of floodwaters
within the enclosed area to match the rising and falling of floodwaters on the outside of the structure. A minimum of two
openings located on separate walls shall be provided having a minimum total net area of one square inch for each square
foot of enclosed area., where the enclosed .area is calculated by outside dimensions. Openings shall be situated such that the
bottom of each opening is no higher than one foot above finished grade.
iv. Inte:rior walls, ceilings and floors in enclosures of two hundred ninety-nine (299) square feet or less may be finished
with a class 4 or 5 exterior finish in accordance with FEMA Technical Bulletin 2-93. Technical Bulletin 2-93 limits the fin-
ish to basic 'NaIl ceiling and floor construction. This is meant to exclude the use of materials and finishes normally associ-
ated with living areas constructed above base flood elevation froln those areas of the enclosure located below the base flood
elevation.
v. The interior portion of an enclosed area below an elevated building may not be partitioned except that garages may
be separated from storage and entryway. In the event an existing enclosure is enlarged, the walls between the existing enclo-
sure and the additional enclosure must be deleted. Enclosed areas below an elevated building and laterally attached enclosed
areas below base flood elevation must be void of utilities that would service the enclosure and cannot be temperature con-
trolled.
vi. Necessary electrical switches for required lighting circuits may be located below the base flood elevation provided
they are of the outdoor water-resistant variety on a separate ground-fault protection circuit breaker and do not exceed the
423
9.44.040
minilnuln nUlnber required by law. Except for one GFI., electrical receptacles shall not be located below the base flood ele-
vation.
vii. Walls constructed entirely of wood lattice work or screen mesh shall be considered as satisfYing the requirelnents of
subsections (I3)( I )(d)(ii) and (iii) of this section and subsection (B)(5)(i) of this section.
viii. The area enclosed below the base flood elevation shall not be used for human habitation.
ix. Except as noted in subsection (B)( 1 )(b) and (d)(vi) of this section or required by an applicable code., no electrical.,
mechanical or plumbing may be located below the base flood elevation.
2. Nonresidential Construction.
a. New construction or substantial improvements of any cOlnmercial., industrial or other nonresidential structures
within zones A 1-30., AE and AH on the community"s flood insurance rating Inap (FIRM) shall have the lowest floor (in-
cluding baselnent) elevated to or above the base flood level or., together with attendant utility and sanitary facilities., be de-
signed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of
water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Where a nonresidential structure is intended to be made watertight below the base flood level., a registered pro-
fessional engineer or architect shall develop and/or review structural design specifications and plans for the construction and
shall certify that the design and methods of construction are in accordance with accepted standards of practice for Ineeting
the applicable provisions contained herein. A record of such floodproofing certification which shall include the specific ele-
vation (in relation to mean sea level) to which such structures are floodproofed shall be provided to the building depamnent.
Wet floodproofing is not acceptable. New construction or cumulative substantial ilnprovelnents of any commercial., indus-
trial or other nonresidential structures within zones VI-30., VE or V shall have the lowest floor., including the basement., ele-
vated to or above the base flood elevation.
b. Enclosed areas below an elevated structure at grade elevation for nonresidential., commercial or industrial uses shall
be permitted for limited storage or parking purposes provided that they are anchored to prevent flotation., collapse or lateral
moveInent of the structure and do not exceed three hundred (300) square feet of enclosed area and are in accordance with
the requirements of subsection (B)(5)(g) of this section for V zones or subsection (B)( I )(d)(i) through (ix) of this section for
A zones. Plans for such structure shall be submitted to the building official for approval prior to construction.
3. Accessory Structures.
a. Residential Accessory Structures. Any prefabricated tight metal structure., which meets the following criteria., may
be permitted in A or V -zones if:
i. The enclosed area is one hundred and fifty (150) square feet or less~
ll. The fair Inarket value is five hundred dollars ($500.00) or less~
111. The use is lilnited to storage accessory to a residence~ and
iv. The structure is properly anchored.
Accessory light metal structures which exceed the one hundred and fifty ( (50) square feet of enclosed space threshold or
concrete or wood accessory structures built on site regardless of size or value may be permitted if they meet all of the crite-
ria outlined in subsection (B)( 1 )( d) of this section or for V zones the criteria set forth in subsection (B)( 5 )(g) of this section.
b. Nonresidential Accessory Structures. All nonresidential accessory structures., or enclosed areas., which meet the
following criteria., may be pennitted if:
i. The enclosed area is three hundred (300) square feet or less~
Il. The use is restricted to linlited storage and parking only~
Ill. They meet the breakaway wall standards outlined in subsection (B)(5)(i) of this section for V zones or the venting
requirements outlined in subsection (B)( 1)( d)(iii) of this section for A zones~
iv. They meet the other requirelnents as outlined in subsection (B)( I)(d) of this section~ and
v. The structures are properly anchored.
Accessory structures in an A-zone which exceed the three hundred (300) square feet of enclosed space threshold may be
permitted if they meet the flood-proofing criteria outlined in subsection (B)(2)(a) of this section. Accessory structures in a
V -zone which exceed the three hundred (300) square feet of enclosed space threshold., are strictly prohibited.
4. Manufactured HOInes.
a. Effective June 1., 1977., no Inanufactured hOlne not already in place shall be placed within areas of special flood
hazard except in an existing manufactured home park or subdivision., as hereafter defined. In the event that the Federal
424
9.44.040
Emergency Managelnent Agency eliminates the existing manufactured home park or subdivision requirelnent of 44 C.F.R.
60.3(c)( 12), then no manufactured hOlne may be placed below the base flood elevation.
b. A Inanufactured home that is to be placed on a qualified lot may be placed at an elevation below base flood eleva-
tion providl~d that:
i. The lot on which the manufactured hOlne is to be placed is located in an existing manufactured home park or subdi-
vision and is contiguous to and surrounded by manufactured homes not at base flood elevation.
ii. The manufactured homes that are placed or substantially improved (for other than substantial damage due to a
flood) on siltes in existing manufactured home parks or subdivision in flood hazard areas shall be elevated so that the manu-
factured hOlne chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36)
inches in he'ight above the grade at the site. A lower foundation system could be used if the top of the finished floor of the
manufactur,ed home or the bottom of the beam (for V zones) would be at or above the base flood elevation using such foun-
dation.
Ill. All other foundations requiring elevation of the structure in order to meet the floodplain standards must comply
with Section 9.44.030(B), the provisions of subsection (B)(5) of this section or Chapter 18 of the Florida Building Code
whichever is applicable.
c. No solid walled additions may be added to a manufactured home unless the addition is constructed under HUD
(Department of Housing and Urban Development) standards and contains aHUD seal or the addition is elevated to or above
the base flood elevation. Solid walled additions elevated to or above the base flood elevation must be constructed with
fourth wall construction, or certified by an engineer or architect licensed by the state of Florida.
d. Screen rOOlns, open decks and porches may be added to a Inanufactured home provided the addition is structurally
independent and constructed with fourth wall construction.
e. All manufactured homes and state approved manufactured offices or construction trailers for temporary use shaH be
anchored to resist flotation, collapse and laterallnovement by providing over-the-top and fralne ties to ground anchors as
provided for in the most current edition of the Florida Administrative Code 15.C.
f. An existing manufactured hOlne which is damaged or otherwise in need of repair., reconstruction., improvement, or
replacement., the value of which meets or exceeds fifty (50) percent of the value of the manufactured home without the re-
pair, reconstruction, improvement or replacement., shall not be repaired, reconstructed, improved or replaced except by a
manufacturt~d home which meets the most recent standards promulgated by the Department of Housing and Urban Devel-
opment in 24 C.F.R. 3280.308(C)(2) and, in addition., meets the standards set forth in subsection (B)(4)(b)., (c) and (d) of
this section., as applicable. For the purposes of determining the value of any replacement manufactured homes under this
section., the purchase price, as expressed in an invoice from an arms length transaction, in a form acceptable to the building
official., or using market value., as determined in Section 9.44.030(F), whichever is greater., shall control.
g. A lllanufactured home may be altered or modified by engineering standards more stringent than originally required
if the manufactured home is elevated to or above the required base flood elevation.
5. Coastal High-Hazard Areas (V zones). Within the areas ofspecial flood hazard are areas designated as coastal high-
hazard areas., which have special flood hazards associated with wave wash. The following provisions shall apply in these
areas:
a. Ne\v construction or substantial improvements within zones VI-30, VE or V shall be elevated so that the bottom of
the lowest horizontal supporting member (excluding pilings or columns) is located at or above the base flood elevation
level., with the space below the lowest supporting member open or constructed with breakaway walls so as not to impede the
flow offloodwaters. Breakaway walls may be permitted for aesthetic purposes only and must be designed to wash away in
the event of abnormal wave action and in accordance with the provisions of subsection (B)(5)(g)., (h) and (i) of this section.
b. Nevv construction or substantial improvements shall be securely anchored on pilings., columns or shear walls.
c. The pile or column foundation and structure attached thereto is anchored to resist flotation., collapse., and lateral
movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading val-
ues used shall be those associated with the base flood. Wind loading values shaH be those required by American Society of
Civil Engineers (ASCE) Standard number 7. Where shear wall construction is used, the following conditions shall also ap-
ply:
i. Shear walls shall be placed paraHel to the predominant flow direction of floodwaters and spaced to provide ade-
quate flood~!ater conveyance beneath the elevated floor;
ii. Shear walls shall be constructed using reinforced concrete~ and
425
9.44.050
111. Except for the placement of the parallel load-bearing walls~ the space between the shear walls below the elevated
floor shall remain free of obstruction or contain only breakaway wall construction.
d. A registered professional engineer or architect shall develop or review the structural design, specifications and
plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with the
accepted standards of practice for lneeting the provisions of subsection (B)(5)(a)~ (b) and (c) of this section.
e. There shall be no fill used as structural support.
f. Nonstructural fill shall not be placed in a V -zone except with an approved hydrological analysis.
g. If any space below the base flood elevation level is to be enclosed, such enclosed areas shall not be used for hUlnan
habitation and must meet the provision of subsections (B)(I)(d)(i) and (iv) through (ix) and (B)(5)(i) of this section.
h. Prior to construction, plans for any structure that will have enclosed space below the base flood elevation level shall
be submitted to the building official or his or her designee for approval.
i. Walls and partitions other than parallel shear walls shall be allowed below the base flood elevation provided they
are not part of the structural support of the building and are designed to break away under the impact of abnormally high
tides or wind-driven water without damage to the structural integrity of the building on which they are to be used, and pro-
vided that a design load limit of not less than ten (10) and no Inore than twenty (20) pounds per square foot shall be used as
the safe load range for breakaway walls.
j. Compliance with the provisions contained in subsection (B)(5)(i) of this section shall be certified by a registered
professional engineer or architect.
k. Any alteration, repair, reconstruction or improvelnent to a structure shall not enclose the space below the base flood
elevation level except as provided for in subsection (B)(5)(g) and (i) of this section.
I. No manmade alteration of mangroves or beach berm system shall be permitted which will increase the potential for
flood damage.
6. No basement shall be constructed in the county until such time as a variance is granted to the county under the
terms of 44 C.F.R. 60.6(b).
7. No enclosure below the base flood elevation shall be constructed or equipped for such uses as a kitchen~ dining
room, family room, recreation room, office, bedroom~ bathroom or workshop. This prohibition does not apply to new iln-
provements which are not substantial to post FIRM structures rendered noncompliant by alnendments to the flood insurance
rate map as long as the improvement is at the same elevation the structure was originally built to~ ground level structures
whose initial construction began prior to January ] ~ 1975~ and those structures which are listed on the National Register of
Historic Places~ the Florida Inventory of Historic Places or any inventory of local historic places.
8. In no event shall a below base flood elevation variance be necessary for improvelnents to an existing structure
whose initial construction began prior to Decelnber 31, 1974~ or to a legally placed manufactured home when the improve-
ments are not substantial.
9. Require that recreational vehicles placed on sites within Zones A 1-30, AH, and AE, V -130 V and VE on the COln-
munity ~ s FIRM either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days and be fully licensed and ready for high-
way use~ or
b. Meet the permit requirements of subsection (8)(4) of this section.
A recreational vehicle is ready for highway use ifit is on its wheels or intemaljacking system, designed to be selfpro-
pelled or permanently towable by a light duty truck, is attached to the site only by quick disconnect type utilities and secu-
rity devices, and has no permanent attached additions. (Ord. 025-2004 S 1 ~ Ord. 005-2004 S 1 ~ Ord. 037-2003 S 2: prior
code S 9.5-317)
9.44.050 Variances to the floodplain management requirements.
A. Generally. Where, owing to special conditions~ a literal enforcement of the floodplain managelnent provisions of
the plan would result in exceptional hardship unique to that property or proposed project, the board of county cOlnmission-
ers may grant variances from the terms of those provisions as will not be contrary to the public interest, will be in harmony
with the general purpose and intent of this title~ and will be the lninimum variance that will allow reasonable use of the
property.
426
9.44.050
B. Procedures.
I. An application for a variance from the provisions of this title for development in an area of special flood hazard
shall be filed with the building official in a form provided by the director of planning at the time of application for a build-
ing permit.
2. Within ten (10) days of receipt of a cOlnplete application for a variance frotn the tenns of the floodplain manage-
ment provisions of this title, the building official shall forward the application to the director of planning, review the appli-
cation, and submit a report and recommendation to the board of county commissioners.
3. Thl~ director of planning, or his or her designee, also shall review the application for a variance and subtnit a report
and recomnlendation to the board of county commissioners within five days after receipt from the building official.
4. The board of county cotrunissioners shall review the application and the reports and recolntnendations of the build-
ing official and director of planning and consider granting the variance in accordance with the conditions set forth in this
section.
C. Conditions.
I. Variances shall be issued only upon a detennination that the variance is the minilnum necessary~ considering the
flood hazard, to afford relief, and only upon all of the following conditions:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in exceptional hardship to the applicant;
c. A determination that the granting of a variance will not result in increased flood heights; result in additional threats
to public safety; result in extraordinary public expense; create nuisance; cause fraud on or victimization of the public; or
contlict with other provisions of this title or the county code; and
d. Spt~cific written findings linked to the criteria below.
2. Tht~ following factors shall be relevant in the granting of a variance:
a. Physical characteristics of construction;
b. Whether it is possible to use the property by a conforming method of construction;
c. Tht~ possibility that materials may be swept onto other lands to the injury of others;
d. Tht~ danger to life and property due to flooding or erosion damage;
e. Tht~ susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the
individual owner;
f. Tht~ importance to the community of the services provided by the proposed facility;
g. Tht~ necessity to the facility of a water-dependent location, where applicable;
h. Tht~ availability of alternative locations less subject to flooding;
I. Tht~ compatibility of the proposed use with existing and anticipated development;
j. ThE~ relationship of the proposed use to the comprehensive plan, land developtnent regulations and the floodplain
managelnent program for that area:
k. The' safety of access to the property for ordinary and emergency vehicles in times of flood;
1. The' expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of
wave action, if applicable, expected at the site; and
m. The costs of providing governtnental services during and after flood conditions, including maintenance and repair
of public utilities and facilities such as sewer, gas, electrical and water systems, and streets and bridges.
3. When the board of county comlnissioners shall consider the property of granting a variance as permitted by this
chapter, the following factors shall not be considered relevant:
a. The physical disabilities or handicaps and health of the applicant or members of his or her fatnily;
b. The domestic difficulties of the applicant or members of his or her family;
c. The financial difficulty of the applicant in complying with the floodplain management provisions of this title; or
d. The elevation of surrounding structures.
4. Any applicant to whom a variance is granted shall be given written notice by the board of county cOlnmissioners
specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating
that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor eleva-
tion.
5. All variances issued shall require that an affidavit be prepared, and recorded with the clerk of the circuit court,
which shows that the proposed construction will be located in a flood-prone area, the number of feet that the lowest floor of
427
9.44.060
the proposed structure will be below the base flood level~ and that actuarial flood insurance rates increase as the flood eleva-
tion decreases.
6. The building official shall maintain records of all variance actions and annually report any variances to the Federal
Elnergency Managelnent Agency. (Prior code ~ 9.5-318)
9.44.060 Required inspections of residential structures.
A. Applicability. Prior to the transfer of ownership of any property occupied by an elevated residential structure with a
below base flood enclosed area defined as \o~new construction" (i.e.~ construction commenced on or after January I ~ 1975)
under this chapter~ a county-approved inspection of the below base flood enclosure shall be conducted. The required inspec-
tion shall be conducted no earlier than one hundred eighty (180) days prior to the transfer of the property. The intent of this
inspection~ which is strictly lilnited to the below base flood enclosure~ is to identify for county records any nonconformities
with this chapter and to disclose these nonconfonnities to the new property owner.
B. Inspections. The inspection required under this section may be conducted either by an inspector from the growth
management division or by an inspector approved by the growth management division. Fees for inspections conducted by
the growth management division shall be in accordance with the schedule established by resolution of the board of county
commissioners for inspections conducted under the county~s flood insurance inspection and compliance program.
C. Inspection Procedures and Forms. All inspections required under this section shall be done in accordance with pro-
cedures and recorded on county forms approved by the growth management director.
D. Private Inspectors Approval. Non-county inspectors froln an approved list maintained by the growth management
division may be retained by property owners to complete the inspections required by this section. These inspectors shall be
approved by the growth management division director and shall be required to take an inspection training session conducted
by the growth management division to ensure all inspectors fully understand county inspection and reporting requirements.
All inspections conducted and inspection reports prepared by non-county inspectors are subject to review by the growth
management division. Inspection reports that are found to be incomplete~ inaccurate~ or contain errors and omissions~ Inay
result in the inspector being removed from the approved list of inspectors by the growth Inanagement director.
E. Inspection Submittal Requirements. The original of the inspection report~ signed by the county inspector or county
approved inspector shall be included in all agreements for deed~ purchase agreements~ leases~ or other contracts for sale or
exchange of a property with an elevated residential structure subject to the inspection requirelnents of this section. A copy
of this inspection report shall be filed with the growth managelnent division within ten (10) days of the transfer of property.
F. Failure to COlnply with Inspection Sublnittal Requirelnents. Should the inspection report required by this section
not be filed with the growth management division~ no pennit shall be issued for any improvements to the structure and the
property it occupies until such an inspection report is submitted~ unless the permit is required to remedy a life safely hazard.
In addition~ violations of this section may be addressed through code enforcement proceedings as provided for under Chap-
ters 1.08 and 1.12. (Ord. 037-2003 ~ 3: prior code 9 9.5-319)
428
9.46.010
Chapter 9.46
ENERGY AND WATER CONSERVATION STANDARDS
Sections:
9.46.010
9.46.020
9.46.030
Purpose of energy and water conservation standards.
Energy conservation standards.
Potable water conservation standards.
9.46.010 Purpose of energy and water conservation standards.
It is the purpose of this chapter to provide for the conservation of energy and water in design and develoPlnent in Monroe
County. (Prior code ~ 9.5-325)
9.46.020 Energy conservation standards.
All deve1lopment shall make adequate provision for energy conservation in accordance with the following standards:
A. Provision of a bicycle/pedestrian system to be placed along the major roads;
B. Provision of bicycle racks or storage facilities in recreational, commercial and multifalnily residential areas;
c. USt~ of energy-efficient features in window design (e.g., tinting and exterior shading);
D. USt~ of operable windows and ceiling fans;
E. Installation of energy-efficient appliances and equipment;
F. Prohibition of deed restrictions or covenants that would prevent or unnecessarily hamper energy conservation ef-
forts (e.g., building orientation, clothes lines, and solar water heating systems);
G. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce
local air telnperatures and reflected light and heat;
H. Installation of energy-efficient lighting for streets, parking areas, recreation areas, and other interior and exterior
public areas;
I. Sel~~ction, installation and maintenance of native plants, trees, and other vegetation and landscape design features
that reduce requirelnents for water, maintenance and other needs;
1. Planting of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas;
K. Oril~ntation of structures, as possible, to reduce solar heat gain by walls and to utilize the natural cooling effects of
the wind;
L. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shad-
ing cannot be used effectively;
M. Inclusion of porch/patio areas in residential units. (Prior code S 9.5-326)
9.46.030 Potable water conservation standards.
All development shall make adequate provision for water conservation in accordance with the following standards:
A. Installation of toilets with a maximum flush of three and five-tenths gallons;
B. Showerheads and faucets with a maximum flow rate of three gallons per minute at sixty (60) pounds of pressure per
square inch as specified in the Water Conservation Act, F.S. S 553.14;
c. Independent water systems shall be encouraged whenever permitted. (Prior code S 9.5-327)
429
9.48.010
Sections:
9.48.010
9.48.020
9.48.030
9.48.040
9.48.050
9.48.060
9.48.070
9.48.080
9.48.090
9.48.100
9.48.11 0
9.48.120
9.48.130
9.48.140
9.48.150
9.48.160
9.48.170
9.48.180
Chapter 9.48
ENVIRONMENTAL STANDARDS
Purpose of environmental performance standards.
Existing conditions map.]
Habitat analysis required.
Waiver of habitat analysis.
Habitat type analysis.
Habitat analysis objective.
Automatic high quality forest classification.
Habitat analysis definitions and approach.
Habitat analysis for high hammocks.
Habitat analysis for low hammocks.
Habitat analysis for palm hammocks.
Habitat analysis for pinelands.
Environmental design criteria. *
General environmental design criteria.
Mitigation standards and county environmental land management and restoration fund.l
Open space requirements.]
Environmental design criteria for specific habitat types.
Shoreline setback. ]
9.48.010 Purpose of environmental performance standards.
It is the purpose of this chapter to provide for the conservation and protection of the environmental resources of the Flor-
ida Keys by ensuring that the functional integrity of natural areas is protected when land is developed. (Prior code ~ 9.5-
335)
9.48.020 Existing conditions map. ]
A. Applicability. The existing conditions map, which consist of the 1985 Department of Transportation aerial photo-
graphs at a scale of one inch equals two hundred (200) feet, depicting habitat types coded according to the system set forth
in the comprehensive plan is designated'l established and incorporated as a part of this title~ and the originals thereof, which
are on file at the offices of the property appraiser and the department of planning, shall be as lTIuch a part of this title as if
the information contained therein were set out in full in this title.:2
B. Review and Amendment. The existing conditions map may be refined to reflect conditions legally in existence on
February 28, 1986. Such refinements shall be made pursuant to the procedures for typographical and drafting errors in Sec-
tion 9.84.050. The existing conditions map as referenced throughout this title is intended only to serve as a general guide to
habitat types for the purpose of prelilTIinary determination of regulatory requirelnents. The county biologist shall make the
final detennination of habitat type based upon field verification. Unlawful conditions shall not be recognized when deter-
mining regulatory requirements. (Prior code S 9.5-336)
Adopted by State Rule 28-20.025( 19) on Jan. 04, 1996. Note that subsection (b) nlistakenly referred to the "land use district map" instead of the ""ex-
isting conditions map."
2 Subsections (b) and (c) revised to provide a logical order. It is also clarified that the county biologist is ultimately responsible for nlaking final deter-
minations based on actual field conditions.
9.48.030 Habitat analysis required.
A. As a part of an application for approval of development on lands classified on the existing conditions map as slash
pineland or tropical hardwood hammock, the applicant shall prepare and submit a habitat analysis that analyzes the distribu-
tion and quality of native habitat within the parcel proposed to be developed in accordance with the standards of this chapter
unless the applicant stipulates that the slash pinelands or tropical hardwood hammock is of high quality pursuant to the pro-
430
9.48.040
visions of this title. Once a develoPlnent perInit has been issued and site preparation commenced, the habitat quality rating
either resulting from the habitat analysis or as a result of the applicant's stipulation ofhigh quality shall remain in perpetuity
and all future development of the parcel shall confonn to the applicable pinelands or hammock so analyzed or stipulated.
This shall be assured by attachlnent of a deed restriction to run with the land, stating the amount of required open space and
prohibiting activities within that open space, including: relnoval, trimming, or pruning of native vegetation~ acts detrimental
to wildlife or wildlife habitat preservation~ excavation, dredging, relnoval, or manipulation of the substrate~ activities detri-
mental to drainage, flood control, or water and soil conservation~ dumping or placing of soil, trash, or other materials~ and
any other n:~strictions as Inay be stated on the deed restriction. Likewise, a habitat analysis which is part of a development
application or permit, which application for development is then denied or abandoned or which permit is abandoned or ex-
pired without site preparation having commenced, shall be revised and resubmitted according to the applicable standards at
the tilne of submittal of a new application for development.
B. The habitat analysis shall be prepared in accordance with the procedures and methods specified herein by a biolo-
gist qualifit~d under Section 9.04.050, however, all habitat analyses are subject to the approval of the county biologist.
Where the habitat analysis requires consideration of commercially exploited, threatened or endangered plant and animal
species, the analysis shall consider those native plants and animals listed under state and federal law at the time of applica-
tion. Where consideration of regionally important plants is required, the habitat analysis shall consider those plants listed by
the Monroe County environmental resources department at the time of application.
C. Thl~ habitat analysis required pursuant to this section on any residentially zoned parcel of land that is the subject of
an unexpired, positive determination of vested rights shall be conducted pursuant to the land development regulations in
effect at the tilne the vested rights determination was made. (Prior code ~ 9.5-337)
9.48.040 Waiver of habitat analysis.
The director of environmental resources may , after a site visit, waive or limit the requirements for a habitat analysis if the
director det~~rmines that there are no significant natural areas on the parcel proposed for developlnent. (Prior code ~ 9.5-338)
9.48.050 Habitat type analysis.
The analysis of the quality of undisturbed land shall be carried out according to the following habitat types as indicated
on the existing conditions map:
A. High hammock~
B. LO'N hammock~
C. Pinelands. (Prior code ~ 9.5-339)
9.48.060 Habitat analysis objective.
The habitat analysis, also known as the habitat evaluation index (HEI) system, shall evaluate the relative ecological and
cultural quality of the remaining hardwood hammocks and slash pinelands of the Florida Keys both with respect to their
inherent character and integrity and their context in the Florida Keys ecosystem landscape. (Prior code ~ 9.5-339.1)
9.48.070 Automatic high quality forest classification.
Tropical hardwood hammocks and slash pinelands that meet the requirements of this section shall be classified as high
quality habitats without the need for a habitat analysis.
A. Category I. Tropical hardwood hammocks of twelve and one-half(12 1/2) acres or more in size shall be classified
as high quality hammocks.
I. Rationale. These hammocks are important due to their size, landscape position, and relatively undisturbed charac-
ter. The documented use of these hammocks by forest-nesting and fledgling birds elevates their potential importance with
respect to wildlife value in general. In fact most of them currently have documented status as habitat for listed anilnal spe-
cies and as habitat for many rare and listed plants. Many also contain potentially rare and valuable archaeological resources.
B. Category 2. Tropical hardwood hammocks owned by federal, state or local governments or by private organizations
that are managed or were purchased for the primary purpose of conservation shall be classified as high quality hammocks.
I. Rationale. Hammocks purchased for their conservation or preservation value should presumably be managed to
conserve and enhance that value.
431
9.48.080
C. Category 3. Tropical hardwood hamlnocks on offshore islands (islands not connected by vehicular access to the
Overseas Highway) shall be classified as high quality halnlnocks.
1. Rationale. The landscape position feature makes these hamlnocks valuable~ especially with respect to their integral
relationship with the marine comlnunity. Offshore islands also usually represent areas of Ininimal disturbance and exposure
to secondary impacts.
D. Category 4. All slash pineland habitats excluding those located within ilnproved subdivision (IS) zoning districts
shall be classified as high quality pinelands.
I. Rationale. Pinelands are crucial habitat for the endangered Key deer and harbor significant freshwater wetlands that
serve as habitat to a number of other listed and nonlisted wildlife species. This habitat likewise harbors a wide range of
listed., rare and endelnic plants. Regularly burned pinelands are of unquestionably higher quality than nonburned pinelands.
Pineland habitat in the keys is rare and any areas that have a possibility of undergoing burn Jnanagement are considered to
have a substantial level of value for conservation. Burning and Inechanical relnoval of hardwood and deadwood buildup for
small pineland parcels is increasingly practiced. IS-zoned pinelands are specifically excluded here due to increased secon-
dary ilnpacts., increased costs and logistical coordination needed for burning., and land use considerations.
E. Category 5. PalIn Hamlnocks. A hamJnock or portion thereof which contains a prevalence of palms of the genus
Thrinax as determined by the procedures outlined in this chapter shall be classified as high quality habitat.
1. Rationale. Monroe County contains the only rockland palm hammocks in the United States and these are found
priInarily (but not exclusively) in the middle keys (Grassy Key through Key Vaca). Most of them have been permanently
removed (Key Vaca). One significant stand (Curry Halnmock) is a state park. The remainder should be protected to preserve
a valuable cultural resource and wildlife habitat.
F. Category 6. Berm halnmocks found on sandy berm substrate., usually at or near the shoreline shall be classified as
high quality habitats.
1. Rationale. Berm hammocks are extremely rare and are unique to the Florida Keys. They are often subjected to in-
tense development pressures due to their shoreline location. The remainder should be protected to preserve a valuable cul-
tural resource and wildlife habitat.
G. Category 7. Cactus hammocks with a prevalence of native cactus species of the genera Opuntia and Cereus shall be
classified as high quality habitats.
I. Rationale. Cactus hammocks are extremely rare in and unique to the Florida Keys and the remainder should be pro-
tected to preserve a valuable cultural resource and wildlife habitat.
H. Category 8. Coastal Rock Barrens cOlnJnunities with often sparse., low-growing xeric rare plants and cacti shall be
classified as high quality habitats. Vegetation is distinctive with the occurrence of relatively rare ground covers such as In-
digofera keyensis., Opuntia triacantha and others.
I. Rationale. This is an extrelnely rare community that is currently known at only four sites in the Florida Keys. The
remaining habitat should be protected to preserve a valuable cultural and wildlife habitat., especially for rare plants. (Prior
code S 9.5-339.2)
9.48.080 Habitat analysis definitions and approach.
If the tropical hardwood hammock or pineland does not automatically qualify for one of the above high quality catego-
ries., a habitat analysis must be completed as required by this chapter. The methods and procedures for performing the habi-
tat analysis shall be set forth by the director of environmental resources and shall be Inade available in the form of a proce-
dural handbook to qualified biologists wishing to conduct habitat analyses in the Florida Keys. The handbook may be up-
dated from time to time by the director of environmental resources. The handbook shall include official lists of threatened.,
endangered., commercially exploited., regionally important and invasive exotic plants to be used in conducting the habitat
analysis. The official Threatened and Endangered Anilnal Species Maps shall also be Jnade available by the county for in-
spection by qualified biologists to fulfill the procedural requirements of conducting the habitat analysis. The Threatened and
Endangered Animal Species Maps may be updated as required from tilne to time at the discretion of the board of county
commissioners using the procedure outlined in Chapter 9.84. The quality of the tropical hardwood hammock or slash pine-
land shall be rated according to the criteria listed in this chapter for each habitat type and according to the guidance pro-
vided by the habitat analysis handbook and the director of environmental resources. The handbook shall also set forth offi-
cial procedures for determination ofpahn hamlnocks and other automatic quality categories. (Prior code S 9.5-339.3)
432
9.48.090
9.48.090 Habitat analysis for high hammocks.
A. The quality of high halnmocks shall be analyzed on the basis of the following indices and scores:
I. Tree Size.
a. Rationale. Larger trees indicate older~ lTIOre mature hammocks which are culturally and ecologically important and
also may gl~nerally increase available habitat niches.
b. For hamlnocks located froln Plantation Key north (inclusive):
i. The three dominant canopy tree species have average diameters at breast height (DBHs) of eight inches or Inore
indicates a score of 1.5.
II. T~/O of the three dominant canopy tree species have average DBHs of eight inches or more indicates a score of 1.0.
111. One of the three dominant canopy tree species has an average DBH of eight inches or more indicates a score ofO.5.
IV. None of the dominant canopy tree species have average DBHs of eight inches or Inore indicates a score ofO.
c. For hamlnocks located from Windley Key south (inclusive):
i. The three dominant canopy tree species have average diameters at breast height (DBHs) of six inches or more indi-
cates a score of 1.5.
II. T\vo of the three dominant canopy tree species have average DBHs of six inches or more indicates a score of 1.0.
111. One of the three dominant canopy tree species has an average DBH of six inches or more indicates a score ofO.5.
IV. None of the dominant canopy tree species have average DBHs of six inches or more indicates a score ofO.
2. So:il Depth.
a. Rationale. Hammocks with greater soil humus depth are generally older and more mature. They've had no distur-
bance or a length of time has passed since the last disturbance. They generally present a greater diversity and integrity of
microhabitats for wildlife and plants including soil organisms and stable soil chemistry.
b. An average soil depth of four inches or more indicates a score of 2.0.
c. An average soil depth of two inches or more but less than four inches indicates a score of 1.0.
d. An average soil depth of less than two inches indicates a score of o.
3. Woody Plant Species Diversity.
a. Rationale. Hammocks with higher diversity are ecologically and culturally significant in that they are a natural seed
source for plant species dispersal and may represent more mature forests. These hammocks represent a storehouse ofbio-
logical diversity and essentially define hardwood forest character in the Florida Keys.
b. For hammocks located from Plantation Key north (inclusive):
I. Thilrty-seven (37) or more native woody species present indicates a score of 6.0.
11. Thirty-two (32) to thirty-six (36) native woody species present indicates a score of 5.0.
111. Twenty-seven (27) to thirty-one (31) native woody species present indicates a score of 4.0.
IV. Twenty-two (22) to twenty-six (26) native woody species present indicates a score of 3.0.
v. Seventeen (17) to twenty-one (21) native woody species present indicates a score of 2.0.
VI. Twelve (12) to sixteen (16) native woody species present indicates a score of 1.0.
VB. Less than twelve (12) native woody species present indicates a score of o.
c. For hammocks located from Windley Key south (inclusive):
1. Thirty-four (34) or more native woody species present indicates a score of 6.0.
11. Twenty-nine (29) to thirty-three (33) native woody species present indicates a score of 5.0.
iii. Twenty-four (24) to twenty-eight (28) native woody species present indicates a score of 4.0.
IV. Nineteen (19) to twenty-three (23) native woody species present indicates a score of 3.0.
v. Fourteen (14) to eighteen (18) native woody species present indicates a score of 2.0.
VI. Nine to thirteen (13) native woody species present indicates a score of 1.0.
vii. Less than nine native woody species present indicates a score of O.
4. Threatened~ Endangered~ Commercially Exploited and Regionally Important Plants.
a. Rationale. A hammock that provides habitat and conditions for rare and listed plants to flourish has a relatively
significant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in tenns of
microclilnate and niche availability for these plants.
b. F or hammocks located from Plantation Key north (inc lusive):
1. TWl~lve (12) or more listed species present indicates a score of 3 .0.
11. Seven to eleven (11) listed species present indicates a score of 2.0.
433
9.48.090
Ill. One to six listed species present indicates a score of ] .0.
IV. No I isted species present indicates a score of O.
c. For halTIITIocks located from Windley Key south (inclusive):
l. Ten (] 0) or ITIOre listed species present indicates a score of 3.0.
II. Five to nine listed species present indicates a score of 2.0.
Ill. One to four listed species present indicates a score of 1.0.
IV. No listed species present indicates a score of O.
5. Invasive Exotic Plant Infestations.
a. Rationale. The lTIOre susceptible (less resistant) a hammock is to exotic invasion., the more likely it is that the habi-
tat is of lower complexity or integrity or that it is not sufficiently insulated from such effects.
b. Total invasive exotic infestation of five percent or less indicates a score of 4.0.
c. Total invasive exotic infestation of more than five percent but infestation by combined category one invasives is at
five percent or less indicates a score of 3.5.
d. Six percent to ten ( 10) percent infestation by category] invasives indicates a score of 3.0.
e. Eleven (11) percent to twenty (20) percent infestation by category] invasives indicates a score of 2.0.
f. Twenty-one (2]) percent to thirty (30) percent infestation by category] invasives indicates a score of 1.0.
g. More than thirty (30) percent infestation by category 1 invasives indicates a score of O.
6. Threatened and Endangered Animal Species.
a. Rationale. HalTImock that provides habitat for listed animal species is presumed to provide important and intact
wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extrelTIely important
for provision of recovery areas and temporary refuge.
b. The halTI1TIOck is a known or probable habitat for listed animal species indicates a score of 3.0.
c. The halTImock is a potential habitat for listed anilTIal species indicates a score of 2.0.
d. The hammock has no Inapped or documented status for listed animal species indicates a score of O.
7. Forest Size.
a. Rationale. Larger forests are less subject to disturbance due to an insulating effect. They are also more likely to
contain a higher structural., microhabitat., and species diversity due to the heterogeneous nature of tropical hammock plant
distribution. Larger forests are also more attractive habitat for birds and other wildlife as indicated primarily by the keynote
species studies done for various birds.
b. The contiguous hammock often (10) or more acres in size indicates a score of 5.0.
c. The contiguous halnmock of at least seven but less than ten (10) acres in size indicates a score of 4.0.
d. The contiguous hamlTIock of at least four but less than seven acres in size indicates a score of 3 .0.
e. The contiguous hamlTIock of at least one but less than four acres in size indicates a score of2.0.
f. The contiguous halnlTIOck of at least 0.375 acres but less than one acre in size indicates a score of I. O.
g. The contiguous hammock of less than 0.375 acres in size indicates a score of O.
8. Perilneter Disturbance.
a. Rationale. The level of fragmentation ofa hammock., measured as the alTIOunt of perimeter disturbance related to
size., has been shown to lower the resistance of hammocks to direct and secondary effects of the disturbance., especially
where development exists. These disturbances include exotic invasion sources., exotic predators., human intrusion., and oth-
ers. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability
of the hammock to withstand it.
b. An edge to area ratio of 0.005 or less indicates a score of 3.0.
c. An edge to area ratio of more than 0.005 but less than 0.01 indicates a score of 2.0.
d. An edge to area ratio of 0.0 1 or lTIOre but less than 0.02 indicates a score of 1.0.
e. An edge to area ratio of 0.02 or more indicates a score of O.
9. Wildlife Habitat.
a. Rationale. A primary hammock function in the Keys is availability offood sources for resident and lTIigratory birds
and other animals. In fact., the development of our highly diverse tropical Caribbean halTImocks is owed in large part to
transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is relatively easy to
determine. It is measured by the quality and amount of fruit produced by the hammock. The better the fruit production of
the hammock., the more likely it is that birds and other animals on which hamlTIock distribution and seed dispersal depend
434
9.48.]00
will utilize the resource. These areas are also considered important for maintenance of resident and migratory bird popula-
tions.
b. Fifteen (15) or more species of category 1 fruit producers indicates a score of 3 .0.
c. T\\'elve (] 2) or more species of category I fruit producers, or, twenty-two (22) or more species of combined catego-
ries 1 and 2 fruit producers indicates a score of 2.5.
d. Ten (10) or more species of category 1 fruit producers or eighteen (18) or more species of combined categories I
and 2 fruit producers indicates a score of 2.0.
e. Tw.enty (20) or more species of any category fruit producers indicates a score of 1.5.
f. Fifiteen (15) to nineteen (19) species of any category fruit producers (at least one species must be in category I or 2)
indicates a score of 1.0.
g. Less than fifteen (15) of any category fruit producers or all fruit producers are in category 3 indicates a score ofO.
10. COJtnmunity Connectivity.
a. Rationale. Nearly as important as size is the landscape position of the hammock within the local island and overall
Keys island ecosystem. Isolation from other useable habitats caused by intervening development has short term effects on
behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affect-
ing species populations.
b. A \\'ard only one of the following scores (if applicable):
i. Tht~ hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combina-
tion of these habitats) with a combined contiguous closed canopy of at least twelve and one-half( 12.5) acres in size but less
than thirty (30) acres in size indicates a score of 0.5.
ii. Tht~ hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combina-
tion of these habitats) with a combined contiguous closed canopy of thirty (30) acresor more in size indicates a score of 1.0.
c. Award only one of the following scores (ifapplicable) and add it to the score from subsection (A)(IO)(b) of this
section (if awarded) to obtain the total score for this criterion:
i. Tht~ hammock is contiguous with or within three hundred (300) feet of at least ten (10) acres but less than fifty (50)
acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands,
hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves and/or en-
closed/semi..enclosed embayments indicates a score of 0.5.
ii. Tht:~ hammock is contiguous with or within three hundred (300) feet of fifty (50) or more acres of contiguous undis-
turbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands, hammock, beach berm,
coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves, and/or enclosed semi enclosed embay-
ments indicates a score of 1.0.
B. The' quality of the halnmock shall be determined on the basis of the cumulative scores indicated under subsection
(A) of this slection as follows:
1. A cumulative score of twenty-seven (27) or higher shall indicate a high quality high hammock;
2. A cumulative score of sixteen (16) or more but less than twenty-seven (27) shall indicate a moderate quality high
hammock; and
3. A cumulative score of less than sixteen (16) shall indicate a low quality high hammock. (Prior code ~ 9.5-340)
9.48.100 Habitat analysis for low hammocks.
A. If the habitat type is low hammock, the applicant shall provide the following required information:
1. Woody Plant Species Diversity.
a. Ratiionale. Hammocks with higher diversity are ecologically and culturally significant in that they are a natural seed
source for plant species dispersal and may represent more mature forests. These hammocks represent a storehouse ofbio-
logical diversity and essentially define hardwood forest character in the Florida Keys.
b. Twt~nty-three (23) or more native woody species present indicates a score of 6.0.
c. Twt~nty (20) to twenty-two (22) native woody species present indicates a score of 5.0.
d. Sevtenteen (17) to nineteen (19) native woody species present indicates a score of 4.0.
e. Fourteen (14) to sixteen (16) native woody species present indicates a score of3.0.
f. Eleven (I]) to thirteen (13) native woody species present indicates a score of2.0.
g. Eight to ten (10) native woody species present indicates a score of 1.0.
435
9.48.] 00
h. Less than eight native woody species present indicates a score of O.
2. Threatened., Endangered., COlTIIUercially Exploited and Regionally huportant Plants.
a. Rationale. HamlTIOcks that provide habitat and conditions for rare and listed plants to flourish have a relatively sig-
nificant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in tenTIS of lui-
crocliluate and niche availability for these plants.
b. Six or more listed species present indicates a score 3.0.
c. Three to five listed species present indicates a score of 2.0.
d. One to two listed species present indicates a score of ] .0.
e. No listed species present indicates a score of O.
3. Invasive Exotic Plant Infestations.
a. Rationale. The more susceptible (less resistant) a halTImock is to exotic invasion., the lTIOre likely it is that the habi-
tat is of lower cOITIplexity or integrity or that it is not sufficiently insulated frOlTI such effects.
b. Total invasive exotic infestation of five percent or less indicates a score of 4.0.
c. Total invasive exotic infestation is more than five percent but infestation by combined category] invasives is at
five percent or less indicates a score of 3.5.
d. Six percent to ten (10) percent infestation by category 1 invasives indicates a score of 3.0.
e. Eleven (II) percent to twenty (20) percent infestation by category I invasives indicates a score of 2.0.
f. Twenty-one (21) percent to thirty (30) percent infestation by category] invasives indicates a score of ] .0.
g. More than thirty (30) percent infestation by category I invasives indicates a score of O.
4. Threatened and Endangered Animal Species.
a. Rationale. Haluluock that provides habitat for listed animal species is presulued to provide important and intact
wildlife refuge areas that should be preserved for ecological and cultural reasons. Potential habitat is extremely important
for provision of recovery areas and temporary refuge.
b. The hamlTIock is a known or probable habitat for listed animal species indicates a score of 3 .0.
c. The hammock is a potential habitat for listed animal species indicates a score of 2.0.
d. The hammock has no mapped or doculTIented status for listed anilnal species indicates a score of O.
5. Forest Size.
a. Rationale. Larger forests are less subject., to disturbance due to an insulating effect. They are also more likely to
contain a higher structural., luicrohabitat., and species diversity due to the heterogeneous nature of tropical hammock plant
distribution here. Larger forests are also more attractive habitat for birds and other wildlife as indicated primarily by the
keynote species studies done for various birds.
b. The contiguous hammock often (10) or ITIOre acres in size indicates a score of 5.0.
c. The contiguous hammock of at least seven but less than ten (10) acres in size indicates a score of 4.0.
d. The contiguous halTIITIock of at least four but less than seven acres in size indicates a score of 3.0.
e. The contiguous halTImock of at least one but less than four acres in size indicates a score of 2.0.
f. The contiguous hammock of at least 0.375 acres but less than one acre in size indicates a score of 1.0.
g. The contiguous hammock of less than 0.375 acres in size indicates a score ofO.
6. Perimeter Disturbance.
a. Rationale. The level offraglTIentation ofa hamluock., lTIeasured as the amount of perimeter disturbance related to its
size., has been shown to lower the resistance of halTIlTIOcks to direct and secondary effects of the disturbance., especially
where development exists. These disturbances include exotic invasion sources~ exotic predators., hUluan intrusion., and oth-
ers. The integrity of the hammock habitat can be lowered by the extent and nature of perimeter disturbance versus the ability
of the hammock to withstand it.
b. An edge to area ratio of 0.005 or less indicates a score of 3 .0.
c. An edge to area ratio of more than 0.005 but less than 0.0 I indicates a score of 2.0.
d. An edge to area ratio of 0.0] or more but less than 0.02 indicates a score of 1.0.
e. An edge to area ratio of 0.02 or more indicates a score of O.
7. Wildlife Habitat.
a. Rationale. A primary halTImock function in the Keys is availability offood sources for resident and luigratory birds
and other animals. In fact., the development of our highly diverse tropical Caribbean hammocks is owed in large part to
transport of Caribbean flora by the white-crowned pigeon and other migrating birds. This availability is a relatively easy to
436
9.48.1 ]0
detennine. It is measured by the quality and amount of fruit produced by the halnmock. The better the fruit production of
the hammol:k, the Inore likely it is that birds and other animals on which halnmock distribution and seed dispersal depend
will utilize the resource. These areas are also considered important for maintenance of resident and Inigratory bird popula-
tions.
b. Ten (] 0) or more species of category 1 fruit producers indicates a score of 3 .0.
c. Eight or more species of category] fruit producers or fifteen (] 5) or more species of combined categories 1 and 2
fruit producers indicates a score of2.5.
d. Five or Inore species of category 1 fruit producers or twelve (] 2) or more species of combined categories I and 2
fruit producers indicates a score of 2.0.
e. Fifteen (IS) or more species of any category fruit producers (at least one species must be in category I or 2) indi-
cates a score of 1.5.
f. Ten ( ] 0) to fourteen (14) species of any category fruit producers (at least one species Inust be in category 1 or 2)
indicates a score of 1.0.
g. Less than ten (I 0) of any category fruit producers, or all fruit producers are in category 3 indicates a score of o.
8. Community Connectivity.
a. Rationale. Nearly as important as size is the landscape position of the hammock within the local island and overall
Keys island ecosystem. Isolation from other useable habitats caused by intervening development has short term effects on
behavior patterns influencing forest availability to wildlife, and long term effects on dispersal and breeding patterns affect-
ing species populations.
b. A \vard only one of the following scores (if applicable):
i. The hammock is part ofa contiguous closed canopy hamlnock, buttonwood and/or mangrove forest (any combina-
tion ofthest~ habitats) with a combined contiguous closed canopy of at least twelve and one-half{ 12.5) acres in size but less
than thirty (3D) acres in size indicates a score of 0.5.
ii. The hammock is part of a contiguous closed canopy hammock, buttonwood and/or mangrove forest (any combina-
tion of these: habitats) with a combined contiguous closed canopy of thirty (3D) acres or more in size indicates a score of 1.0.
c. A \\'ard only one of the following scores (ifapplicable) and add it to the score from subsection (A){7){b) of this sec-
tion (if awarded) to obtain the total score for this criterion:
i. The hammock is contiguous with or within three hundred (300) feet of at least ten (] 0) acres but less than fifty (50)
acres of contiguous undisturbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands,
hammock, beach berm, coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves and/or en-
c losed/selni-enclosed embayments indicates a score of 0.5.
ii. The hammock is contiguous with or within three hundred (300) feet of fifty (50) or more acres of contiguous undis-
turbed habitat of any class or combination of classes including salt marsh, buttonwood wetlands.. hammock, beach berm..
coastal rock barrens, freshwater wetlands, freshwater ponds, salt ponds, mangroves, and/or enclosed semienclosed embay-
ments indicates a score of 1.0.
B. Tht~ quality of the hammock shall be determined on the basis of the cumulative scores indicated under subsection A
of this section as follows:
1. A cumulative score of twenty- four (24) or higher shall indicate a high quality low halnmock~
2. A cumulative score of fifteen (IS) or higher but less than twenty-four (24) shall indicate a moderate quality low
hammock: and
3. A cumulative score of less than fifteen (IS) shall indicate a low quality low hammock. (Prior code ~ 9.5-341)
9.48.110 Habitat analysis for palm hammocks.
If a low hamlnock has an abundance and density of thatch palms such that twenty (20) percent of the dominant canopy
plants or any portion thereof are palms, the halnmock shall be considered a palm hammock. (Prior code ~ 9.5-342)
9.48.120 Habitat analysis for pinelands.
A. The~ quality of pine lands shall be analyzed on the basis of the following indices and scores:
1. Pineland Size.
437
9.48.120
a. Rationale. Larger forests are less subject to disturbance due to an insulating effect. They are also Inore likely to
contain a higher structural, microhabitat, and species diversity due to the heterogeneous nature of pinel and herbaceous plant
distribution. Larger forests are also more alnenable to culling of hardwoods and deadwood through burn management.
b. The contiguous pineland often (10) or Inore acres in size indicates a score of 3.0.
c. The contiguous pineland of at least three but less than ten (10) acres in size indicates a score of 2.0.
d. The contiguous pineland of at least one but less than three acres in size indicates a score of 1.0.
e. The contiguous pineland of less than one acre in size indicates a score of O.
2. Perimeter Disturbance.
a. Rationale. The level offragmentation ofa pineland, measured as the amount of perimeter disturbance related to its
size, has been shown to lower the resistance of pine lands to direct and secondary effects of the disturbance, especially where
developlnent exists. These disturbances include exotic and hardwood invasion sources, exotic predators, human intrusion,
and others. The integrity of the pineland habitat can be lowered by the extent and nature ofperilneter disturbance versus the
ability of the pineland plant and animal community to withstand it.
b. An edge to area ratio of Inore than 0.005 but less than 0.01 indicates a score of 2.0.
c. An edge to area ratio of 0.0) or Inore but less than 0.02 indicates a score of ) .0.
d. An edge to area ratio of 0.02 or more indicates a score of O.
3. Invasive Exotic Plant Infestation.
a. Rationale. The more susceptible (less resistant) a pineland is to exotic invasion, the more likely it is that the habitat
is of lower complexity or integrity or that it is not sufficiently insulated from such effects.
b. Total invasive exotic infestation of five percent or less indicates a score of 4.0.
c. Total invasive exotic infestation is more than five percent but infestation by combined category) invasives is at
five percent or less indicates a score of 3.5.
d. Six percent to ten (10) percent infestation of category 1 invasives indicates a score of 3.0.
e. Eleven (1 )) percent to twenty (20) percent infestation of category 1 invasives indicates a score of 2.0.
f. Twenty-one (21) percent to thirty (30) percent infestation of category 1 invasives indicates a score of 1.0.
g. More than thirty (30) percent infestation of category 1 invasives indicates a score of O.
4. Topographic Disturbance.
a. Rationale. Significant topographic disturbance, especially by placelnent of limerock fill, is highly disruptive to the
delicate pineland habitat and conditions needed for rare herbs and other plants to flourish. The microhabitats, prevalence of
caprock, solution holes and pockets offine soils and algal mats form a balanced ground-level ecosystem that is essentially
destroyed by permanent topographic alteration.
b. Topographic alteration often (] 0) percent or less indicates a score of 3.0.
c. Topographic alteration of eleven (11) percent or more but less than twenty (20) percent indicates a score of 2.0.
d. Topographic alteration of twenty (20) percent or more but less than thirty (30) percent indicates a score of 1.0.
e. Topographic alteration of thirty (30) percent or Inore indicates a score of O.
5. Threatened, Endangered, Commercially Exploited and Regionally Important Plants.
a. Rationale. A pineland that provides habitat and conditions for rare and listed plants to flourish has a highly signifi-
cant ecological and cultural value. The presence of rare plants often indicates a greater habitat stability in terms of micro-
climate and niche availability for these plants and also indicates a pineland with a healthy herbaceous component.
b. Twenty (20) or more listed species present indicates a score of 6.0.
c. Fifteen () 5) to nineteen (19) listed species present indicates a score of 5.0.
d. Eleven () 1) to fourteen (14) listed species present indicates a score of 4.0.
e. Six to ten ( 10) listed species present indicates a score of 2.0.
f. One to five listed species present indicates a score of 1.0.
g. No listed species present indicates a score of O.
6. Hardwood and Herbaceous Plant Biolnass.
a. Rationale. Invasion by hardwoods and increases in hardwood plant biolnass cause pinelands to progress towards a
hardwood community crowding and shading out the herbaceous component and eventually changing the landscape signifi-
cantly. The more advanced this successional process the lower the quality of the pineland and the more difficult it is to ar-
rest or reverse (both by natural means and human management Ineans).
b. A hardwood coverage of twenty-five (25) percent or less indicates a score of 3.0.
438
9.48. ] 30
c. Hardwood coverage of twenty-six (26) percent to thirty-three (33) percent indicates a score of2.0.
d. Hardwood coverage of thirty-four (34) percent to fifty (50) percent indicates a score of 1.0.
e. Hardwood coverage of over fifty (50) percent indicates a score of O.
B. Th,e quality of the pineland shall be determined on the basis of the cumulative score as follows:
1. A cUlnulative score of sixteen (J 6) or higher shall indicate a high quality pineland~ and
2. A cumulative score of less than sixteen (16) shall indicate a low quality pineland. (Prior code 9 9.5-343)
9.48.130 Environmental design criteria. *
No land shall be developed, used or occupied except in accordance with the following criteria unless the county biologist
recommends an authorized deviation in order to better serve the goals, objectives and policies of the plan and the director of
planning or planning commission approves the recommendation as a minor or major conditional use. No recommendation
for an authorized deviation from these environlnental design criteria shall be made unless the county biologist makes written
findings of fact and conclusions of biological opinion which substantiate the need and/or benefits to be derived from the
authorized deviation. (Prior code 9 9.5-344)
The language of this section, may have been erroneously deleted by State Rule 28-20.025(31) on Jan. 04, 1996. This (amended) language provides
necessary flexibility for applying the complex environmental standards of this code.
9.48.140 General environmental design criteria.
No land shall be developed except in accordance with the following general criteria:
A. To the maximum extent practicable, development shall be sited so as to preserve all listed threatened, endangered,
commercially exploited, and regionally important native plant species and all native trees with a diameter at breast height
(DBH) of greater than four inches. In those instances where an applicant can demonstrate that avoidance of such species or
trees is not possible by clustering or by an alternate design approach, then such species and trees shall be relocated or re-
placed with nursery stock of the same species or equally rare species suitable to the site pursuant to a transplantation plan
approved in accordance with Section 9.48. ] 50. I
B. Champion and Specimen Trees. All champion and specimen trees shall be preserved in their natural condition.2
C. Tht~ habitat of threatened and endangered animals shall be preserved to the maximum extent practical through the
configuration of open space.3
D. All areas of disturbance shall be managed to avoid the introduction and/or establishment of the invasive exotic plant
species listed in Section 9.02.040.
E. All invasive exotic plant species shall be removed from the parcel proposed for development.4
F. Clustering. It is the purpose of this subsection to minilnize the environmental impacts of development by requiring
design ofa dlevelopment on a parcel of land to incorporate clustering of the development away from the natural areas on the
parcel that are the most susceptible to harmful impacts of developlnent. Clustering requirements shall apply to all develop-
ment, includling plat design, and shall be achieved in the following manner:5
1. When a parcel proposed for developlnent contains more than one habitat type, all developlnent shall be clustered on
the least sensitive portions of the parcel. For the purpose of this subsection, the relative sensitivity of separate habitat types
shall be as listed below with subdivision (1 )(a) being the most sensitive and subdivision (1 )(u) being the least sensitive.
a. Freshwater wetlands~6
b. Saltlnarsh and/or buttonwood association wetlands~
c. Cactus hammock~
d. Pahn hammock~
e. Beach/berm~
f. Pint~lands (high quality)~
g.High hamlnock (high quality)~
h. LOVi hammock (high quality)~
l. High halnmock (moderate quality)~
J. LOVI halnmock (moderate quality)~
k. Pintdands (low quality);
l. Higlh hammock (low quality)~
439
9.48.150
tn. Low halnmock (low quality)~
n. Disturbed beach/berm~
o. Disturbed bed with freshwater wetlands (lawfully converted to disturbed uplands)~
p. Disturbed with salt lnarsh and/or buttonwood association wetlands (lawfully converted to disturbed uplands)~
q. Disturbed with slash pines~
r. Disturbed with high halnmock~
s. Disturbed with low halnlnock~
t. Disturbed~ and
u. Disturbed with exotics.
2. Development within the least sensitive habitat shall achieve the maxilnum density or intensity allowable by Chapter
9.68 and shall fully utilize the net buildable area of the habitat prior to expanding to the next least sensitive habitat type on
the site. For proposed plate~ these clustering requirelnents shall be applied such that the nUlnber of proposed lots are sized
and configured to achieve the highest allowable density within the least sensitive habitat prior to locating additional lots
within the next least sensitive habitat. For disturbed habitats only~ development or proposed plats shall utilize one hundred
(100) percent of the disturbed habitat~ except for the area of any required setbacks, before expanding to the next least sensi-
tive habitat type.
3. In addition to the requirements of subsection (F)( 1) and (2) of this section, development shall be clustered within
the least ecologically valuable area of each habitat as determined by the county biologist.
4. All development shall be clustered in a lnanner that reduces habitat fragmentation and preserves the largest possible
area of contiguous~ undisturbed habitat(s). The planning director Inay vary the clustering requirements described above in
order to reduce habitat fraglnentation.7
G. The planning director~ in consultation with the county biologist~ lnay approve an application that modifies or
waives the minimum yard requirements set out in this title in order to preserve champion and specimen trees or the habitat
of threatened and endangered animals. (Prior code S 9.5-345)
Implclnents Compo Plan Policy 205.2.9
2 Implements Compo Plan Policy 205.2.8
3 Implements Compo Plan Policy 207.1.5
4 Implements Compo Plan Policies 205.2.10 and 206.1. 7
lnlplements Compo Plan Policies 102.3.2. 103.1.9.205.2.3. and 205.2.4
6 Freshwater and saltnlarsh/buttonwood wetlands require one hundred (100) percent open space ratios. but were added to top oflist for cOlllparison to
other habitats for TOR transfers. Other habitats on list were rearranged to Inore accurately retlect their relative rarity and sensitivity.
7 Implements Compo Plan Policies 205.2.4 and 207.1.5
9.48.150 Mitigation standards and county environmental land management and restoration fund. I
A. Mitigation Standards. The removal of any listed threatened~ endangered~ commercially exploited~ and regionally
ilnportant native plant species and all native trees with a diameter at breast height (DBH) of greater than four inches shall
require payment to the county environmental land management and restoration fund in an amount sufficient to replace each
removed plant or tree on a two to one (2: 1) basis? The number, species, and sizes of trees and plants to be mitigated shall be
identified in an existing conditions report approved by the county biologist in accordance with the lninilnum size require-
Inents set forth in Section 9.52.070.
B. Mitigation Fees Determination. The tnitigation fee shall be based on the replacelnent cost of the specific plants and
trees. The costs for replacelnent plants and trees shall be based upon a price schedule maintained and updated annually by
the county biologist. This schedule shall be based on price quotes by at least three private plant nurseries within Monroe
County or Mialni-Dade County.
C. County Environmental Land Management and Restoration Fund. The board of county cOlnlnissioners may establish
a special revenue fund called the Monroe County environmental land management and restoration fund. Revenues and fees
deposited in this fund shall be used for restoration and Inanagement activities of public resource protection and conservation
lands~ as specifically detailed by resolution of the board of county cOlTIlnissioners.3 (Ord. 019-2004 S 6: prior code ~ 9.5-
346)
440
9.48.160
The entirt~ concept of on-site transplantation, except for restoration, and ofT-site transplantation has been eliminated due to the prohlems with plant
survivabi!lity. Instead, the concept is that for any clearing of habitat. the permit holder will have to pay a nlitigation fee into the county's environ-
nlentalland Inanagenlent and restoration fund. The county will be in a better position to direct such funds to where they are needed the most. The
three-to-one requirement for replacement of native plants within cleared areas is consistent with Conlprehensive Policy 205.2.9 f()f on:'site transplan-
tation.
2 The existing ofT-site transplantation requirement is 3 to 1: however, as on-site transplantation is no longer an option, for purposes of mitigation the 2
to 1 ratio is more than sufficient to cover the costs of replacement and installation.
3 This codifies the establishment of an environmental land management and restoration fund, which has already been authorized by resolution of the
board of county commissioners. Funds fronl this account will not be used for land acquisition purposes and will be detailed by the hoard of county
commissioners through policy resolutions.
9.48.160 Open space requirements.1
A. Purpose. It is the purpose of this section to provide for open space as a part of a development plan in order to ensure
the continut~d existence of natural wildlife habitat and to provide open green areas for the movement~ aesthetics~ and safety
of the human population utilizing the development. Native plant comlTIunities within required open space areas shall not be
cleared or otherwise disturbed, including ground cover~ understory~ midstory~ and canopy vegetation. All such areas shall be
maintained in their natural condition.
B. No land shall be developed~ used or occupied such that the amount of open space on the parcel proposed for devel-
oplnent is It~sS than the open space ratios listed below for each habitat.
Land Type of Existin~ Conditions Map Open Space Ratio
Open waters 1.00
Mangrove and freshwater wetlands2 1.00
Saltmarsh and buttonwood wetlands3 1.00
High harnmock (high-quality) 0.80
High harnmock (moderate-quality) 0.60
High harnlTIock (low-quality) 0.40
Low halllmock (high-quality) 0.80
Low halllmock (moderate-quality) 0.60
Low halllmock (low-quality) 0.40
Palm harnmock 0.90
Cactus hammock 0.90
Pine lands (high-quality) 0.80
Pinelands (low-quality) 0.60
Beach be~nn 0.90
Disturbed 0.20
Disturbed with hammock4 0.40
Disturbed with saltmarsh and buttonwood5 See ~ 9.48.170(0)
Disturbed beach/berm 0.20
Disturbed with exotics 0.20
Disturbed with slash pines6 0.60
Off-shore islands 0.95
C. No structures shall be permitted in the required open space except for the following:
1. Up to fifty (50) percent of the total area of driveways~ parking areas~ passive recreational uses~ and active recrea-
tional uses provided that:
a. They do not cumulatively occupy more than ten (10) percent of the total required open space area~
b. They are constructed of permeable materials~
c. They do not require the removal of native vegetation~ and
d. They are located within a disturbed upland habitat;
2. Structures buried underground including but not limited to septic tank drain fields~ utility lines~ and underground
tanks~ provided that:
441
9.48.170
a. They are covered with penneable Inaterials,
b. They do not require the relTIoval of native vegetation, and
c. They are located within a disturbed upland habitat~
3. Docks, piers and walkways located over sublnerged lands, or within lnangroves, or freshwater wetland habitats that
are elevated by Ineans of pilings or other such supports such that the area of land or water underneath the structure is not
topographically altered and relnains in a vegetated state.
D. Required open space shall be maintained pursuant to the most restrictive design criteria listed for each habitat
which applies to the developlnent as listed in this chapter. Permittable clearing within each habitat type shall be assessed on
a cUlnulative basis such that any additional or proposed clearing shall be detennined by accounting for all previous clearing
that occurred on the site since February 28, 1986. Major development sites approved prior to Septelnber 15, 1986 shall not
be permitted to clear additional habitat beyond the clearing originally approved without first obtaining approval under the
terms of this title. (Prior code S 9.5-347)
I Adopted by State Rule 28-20.025(13) on Jan. 04. 1996 and further amended by statT.
2 Inlplements Policies 102.1.1.204.2.1. and 207. 13.1 and was already adopted pursuant to rule 28-20.025
3 Implenlents Policies 207.1.4 and 207. 12.5
4 Inlplements Policy 205.2.6
5 Development in disturbed wetlands determined by KEYWEP evaluation
6 lnlplements Policy 205.2.6
9.48.170 Environmental design criteria for specific habitat types.
In addition to the general criteria set forth in this chapter, specific criteria shall apply to individual habitats as outlined
below.
A. Hammock. All structures developed, used or occupied on land classified as hammock (all types and all levels of
quality) shall be designed, located and constructed such that:
1. All areas of required open space are maintained in their natural condition, including the preservation of canopy,
mid-story., understory vegetation., ground cover and leaf litter layer~ and I
2. Clearing of native vegetation is limited to area of approved clearing shown on the approved site plan., which shall
include a construction impact zone around all structures. Construction barriers shall be required at the outer edge of the con-
struction impact zone and shall be visible and of durable Inaterial such as wood., fabric., wire fencing, rope or wire cable.
Barriers shall relnain in place until final inspection for a certificate of occupancy has been approved. During construction,
there shall be no disturbances of the ground surface and vegetation within required open space areas.:2
B. Pinelands. All structures developed., used or occupied on land classified as pinelands (all types and all levels of
quality) shall be designed, located and constructed such that:
1. All areas of required open space are maintained in their natural condition, including canopy., mid-story., understory
vegetation., and ground cover. Dead vegetative matter, including leaf litter layer., Inay be relnoved for fire safety~ and]
2. All structures are separated from the body of the pinelands classified as high quality by a clear., un vegetated fire
break of at least fifteen ( 15) feet width. Any clearing required to create this firebreak shall be deducted from the total area of
clearing allowed for the parcel. Clearing of native vegetation shall be limited to the area of approved clearing shown on the
approved site plan, and the required firebreak. Construction barriers shall be required at the outer edge of the area to be
cleared and shall be visible and of durable Inaterial such as wood., fabric., wire fencing., rope or wire cable. Barriers shall
remain in place until final inspection for a certificate of occupancy has been approved. During construction., there shall be
no disturbances of the ground surface and vegetation within required open space areas.4
C. Beach Berm Complex or Disturbed with Beach Berm. All structures developed., used or occupied on land classified
as a beach benn comp lex or as disturbed with beach berm shall be designed., located and constructed such that:5
1. All structures are elevated on pilings or other supports;
2. No beach benn material is excavated or removed and no fill is deposited on a beach benn except as needed for
shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the goals of the Monroe
County cOlnprehensive plan, as detennined by the planning director. All such projects shall require approval by the Florida
Departlnent of Environmental Protection and the U. S. Army Corps of Engineers prior to issuance of a county building per-
mit~ 6
442
9.48.170
3. Thl~ clearing of beach berm vegetation is lilnited to the Ininimum clearing required to allow development ofa per-
mitted use. Beach berm areas disturbed during construction shall be immediately restored to stable condition pursuant to a
restoration plan approved by the director of environmental resources. Restoration techniques shall be designed to achieve
the InaxilnUITI stability possible. Native plants shall be used exclusively in revegetation.7
4. A construction impact zone is provided and construction barriers are required at the outer edge of the construction
ilnpact zonE~ and shall be visible and of durable Inaterial such as wood, rope or wire cable. No fencing or other material that
can entrap vvildlife Inay be used as a construction barrier on a beach berm. No vehicular or pedestrian traffic shall be permit-
ted outside of the construction barriers for the duration of the construction period. Barriers shall remain in place until final
inspection for a certificate of occupancy has been approved.8
5. Marine Turtle Beach. In addition to the previous requirements, proposed developlnent which Inay ilnpact marine
turtles shall be in accordance with Section 9.48.180(P).
D. Mangroves, Wetlands, and Submerged Lands. All structures developed, used or occupied on land classified as
mangroves, wetlands or submerged lands (all types and all levels of quality) shall be designed, located and constructed such
that:
I. Generally. Only docks and docking facilities, boat ramps, walkways, water access walkways, water observation
platforms, boat shelters, non-enclosed gazebos, riprap, seawalls, bulkheads, and utility pilings shall be permitted on or over
mangroves, wetlands, and submerged lands, subject to the specific restrictions of this subsection. These restrictions shall not
apply to disturbed wetlands that have been lawfully converted into uplands through filling. Trimming and/or removal of
mangroves shall meet Florida Department of Environlnental Protection requirements.9
2. Protection of Circulation Patterns. Shoreline structures shall be designed to protect tidal flushing and circulation
patterns. 10
3. Dn;~dging. The following restrictions shall apply to dredging activities: II
a. No new dredging shall be allowed in Monroe County except as specified for boat ramps in Section 9.48.] 80(L)
(shoreline sl~tback, boat ramps);
b. No maintenance dredging shall be permitted within areas vegetated with seagrass beds or characterized by hard
bottom communities except for maintenance dredging in public navigation channels;
c. In order to facilitate establishment of bottom vegetation, maintenance dredging in artificial waterways shall not
exceed deptlhs greater than six feet at mean low water (ML W). This policy does not apply to the entrance channels into Key
West Harbor and Safe Harbor;
d. All dredged spoil materials shall be placed on pennitted upland sites designed and located to prevent runoff ofspoil
material into wetlands or surface waters;
e. All dredge activities require approvals by the Florida Department of Environmental Protection and the U.S. Anny
Corps of Engineers prior to issuance of a county permit.
4. Placement of Fill. No fill shalJ be permitted in any mangroves, wetlands, or submerged lands except: 12
a. As specificalJy allowed by this section or by Section 9.48.180(K) and (L) (shoreline setbacks, bulkheads, seawalls,
riprap and boat ramps);
b. To :fill a manmade, excavated water body such as a canal, boat ramp, boat slip, boat basin or swimming pool if the
county biologist determines that such filling will not have a significant adverse itnpact on marine or wetland communities; 13
c. As needed for shoreline stabilization or beach renourishment projects with a valid public purpose that furthers the
goals of the Monroe County comprehensive plan, as determined by the county biologist;
d. For bridges extending over saltmarsh and/or buttonwood association wetlands that are required to provide automo-
bile or pedestrian access to dwelling units located on upland areas within the same property for which there is no alternate
means of access. Such bridges shall be elevated on pilings so that the natural movement of water, including volume, rate
and direction of flow shall not be disrupted or altered; 14
e. As approved for Disturbed Saltmarsh and Buttonwood Association Wetlands with appropriate mitigation as defined
by the wetland regulations of subsection (0)(6) of this section; or
( All such projects shall require approval by the Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers prior to issuance of a county building permit.
5. After-the-Fact Exclusion. No after-the-fact permits shall be issued that violate Monroe County dredge and filling
regulations. All fill shall be removed and all damages mitigated. 15
443
9.48.170
6. Development in Disturbed Wetlands. Lands classified as disturbed with salttnarsh and buttonwood association tnay
be filled for developtnent in accordance with the following criteria: 16
a. Disturbed wetlands proposed for filling will be evaluated by a county biologist using the Keys Wetlands Evaluation
Procedure (KEY\VEP).
i. Wetland quality categories based on KEYWEP scoring:
(A) ~~Red-flag" wetlands are those wetlands whose high level of functional capacity and lack of disturbance prohibit
development under any circumstances.
(B) High functional capacity wetlands: those wetlands which score at 7.0 or higher, regardless of previous disturbance.
Developtnent is prohibited under any circumstances.
(C) Moderate functional capacity wetlands: those wetlands which score below 7.0, but greater than or equal to 4.6.
These wetlands are suitable for developtnent with appropriate tnitigation.
(D) Low functional capacity wetlands: those wetlands which score less than 4.6 or are assigned a green-flag designation
as suitable for development. These wetlands are suitable for development with appropriate tnitigation.
ii. Wetlands detennined by KEYWEP to have a high functional capacity (those wetlands that score at or above 7.0 and
those wetlands that are assigned a red flag) are not suitable for filling. The open space ratio for such wetlands will be 1.0.
iii. Wetlands determined by KEYWEP to have moderate or low functional capacity (those wetlands that score below
7.0 or are assigned a green flag) are suitable for filling with appropriate Initigation, as determined by the Florida Department
of Environlnental Protection (DEP) and the u.s. Army Corps of Engineers (ACOE). All such projects shall require docu-
tnentation that all aspects ofDEP and ACOE Initigation have been satisfied prior to issuance of a county building permit.
b. Placement of fill within disturbed wetlands is subject to the environtnental design clustering criteria (See Section
9.48.140). Less sensitive habitats on the subject parcel must be developed before disturbed wetlands are filled.
c. Any portion of a wetland fi lied under these provisions shall be considered ~~disturbed" habitat with a required open
space ratio of 0.20. In the event that state and/or federal permits restrict fill to the development area only, this provision will
not apply.
d. Any development within a wetland so filled shall conform to the setbacks established by the Florida Depamnent of
Environtnental Protection (FDEP) and the u.S. Army Corps of Engineers (ACOE) pennits. Iffill so placed extends to the
subject parcel property line, standard minimum yard setbacks will apply.
7. Vegetated Buffer Required Between Development and Wetlands. Except as allowed in Section 9.48.140 (general
environtnental design criteria), a minitnuln vegetated setback offifty (50) feet shall be tnaintained as an open space buffer
for development occurring adjacent to all types of wetlands, with the following exceptions: 17
a. Ifa fifty (50) foot setback results in a less than two thousand (2,000) square feet of principal structure footprint of
reasonable configuration, then the setback Inay be reduced to allow for two thousand (2,000) square feet of principal struc-
ture footprint of reasonable configuration, provided that the setback is not reduced to less than twenty-five (25) feet~
b. On properties classified as scarified adjacent to wetlands, the wetland setback may be reduced to twenty-five (25)
feet, without regard to buildable area, if the entire setback area:
i. Is planted and maintained in native vegetation meeting the standards of a Class ~~D" bufferyard or a bufferyard pro-
viding similar protection (Section 9.54.050, bufferyard standards) with the exception that understory trees may be substi-
tuted for canopy trees~
ii. Contains a site-suitable stormwater management plan approved by the county biologist~ and
Ill. Is placed under conservation easement.
c. The wetland setback required by this subsection shall not apply to mangrove or wetland fringes occurring along
manlnade canals, channels, or basins. (Prior code S 9.5-348)
I Implements Compo Plan Policies 102.2.2 and 207.1.5
2 Implenlents Compo Plan Policy 205.2.7
3 ImpIenlents Conlp. Plan Policies 102.2.2 and 207.1.5
4 Implements Compo Plan Policies 102.2.2 and 205.2.7
Implements Compo Plan Policies 102.2.3 and 207.8.1
6 Implements Compo Plan Policy 206.1.4
7 Implelllents Compo Plan Policies 206.1.5 and 206.1.6
8 Implenlents Compo Plan Policies 206.1.2 and 206.1.5
9 II11plcnlents C0I11p. Plan Policy 203.1.1, 204.2.2, 204.2.3 and 207.13.1n10 II11plenlents COIllp. Plan Policy 212.6.4
444
9.48.180
II Implenlents Compo Plan Policies 202.8.2 (anlendnlent required) through 202.8.6, and Policies 203.2.3 and 204.2.8
12 Inlplenlents Conlp. Plan Policies 102.1. L 203.1. L 204.2.1,204.2.2 (amendment required), 204.2.3 (amendment required), 207.1.4, and 207.13.1
13 Inlplenlents Compo Plan Policy 202.14
14 Implelllelllts Compo Plan Policy 204.2.3
15 Inlplemetlits Compo Plan Policy 204.2.8
16 Implements Conlp. Plan Policy 204.2.4
17 Implenlents Conlp. Plan Policy 204.2.6
9.48.180 Shoreline setback.)
A. Purpose. The purpose of this section is to allow for reasonable access between the land and water, provide secure
boat storagt~, assure good water quality, provide an appearance consistent with cOlnmunity character, protect structures froln
the effects of long-term sea level rise, protect beaches and shores from erosion, protect over-water views, avoid adverse
impacts on navigation., and protect marine and terrestrial natural resources.2
B. Principal structures shall be set back as follows:3
I. Along lawfully altered shorelines including manmade canals., channels, and basins., principal structures shall be set
back at least twenty (20) feet as measured from the Inean high water (MHW) line.
2. Along open water shorelines not adjacent to manlnade canals, channels, or basins., and which have been altered by
the legal placelnent of fill:
a. And where a mangrove fringe of at least ten (] 0) feet in width occurs across the entire shoreline of the property,
principal structures shall be set back at least thirty (30) feet as lneasured from the mean high water (MHW) line or the land-
ward extent of the mangroves, whichever is further inland.
b. And where no mangrove fringe exists., principal structures shall be set back at least thirty (30) feet from the mean
high water (MHW) line, provided that native vegetation exists or is planted and maintained in a ten (10) foot width across
the entire shoreline as approved by the county biologist, and is placed under conservation easement~ otherwise the setback
shall be fifty (50) feet as measured from the mean high water (MHW) line.
c. On infilllots surrounded by significant developlnent where principal structures are set back less than fifty (50) feet
froln lnean high water (MHW) or the landward extent of mangroves, the director of planning and environmental resources
may evaluate the community character, the presence or absence of environmental features, and the setbacks on adjacent
developed properties within two parcels on either side of proposed development, and may allow principal structures to be
set back as far as practicable or in line with adjacent principal structures. In no event shall the setback be less than twenty
(20) feet. On shorelines where the existing pattern of setback is greater than thirty (30) feet, the greater setback shall apply.
3. Along unaltered and unlawfully altered shorelines, principal structures shall be set back fifty (50) feet as measured
from the mean high water (MHW) line or the landward extent of the mangroves., whichever is further landward.4
C. Accessory structures, as defined in Section 9.02.040, within the shoreline setback shall be constructed at a founda-
tion height not to exceed eighteen (18) inches above existing grade and shall meet the following design criteria:
I. Along altered shorelines, including manmade canals., channels., and basins:
a. In no event shall the total, combined area of all structures occupy Inore than sixty (60) percent of the upland area of
the shoreline setback~
b. Pools, spas, and any screen structures over pools or spas shall be set back a minimum often (10) feet, as measured
from the mean high water (MHW) line.
2. Along open water shorelines which have been altered by the legal placement of fill, and where a mangrove fringe
of at least ten (10) feet in width occurs across the entire shoreline of the property:
a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the shoreline set-
back~
b. Accessory structures other than docks and erosion control structures shall be set back a minimum of fifteen (15)
feet., as Ineasured from the mean high water (MHW) line or the landward extent of the mangroves., whichever is further
landward, and shall be located in upland areas.
3. Along unaltered shorelines:
a. In no event shall the total, combined area of all structures occupy more than thirty (30) percent of the shoreline set-
back~
445
9.48.180
b. Accessory structures other than docks and erosion control structures shall be set back a lninimuln of twenty-five
(25) feet., as measured froln the mean high water (MEW) line or the landward extent of the lnangroves., whichever is further
landward., and shall be located in up land areas.
D. Stormwater and Pollutant Runoff. All structures shall be designed such that stormwater and pollutant runoff is con-
tained on site., consistent with the stonnwater lnanagement standards of this title. Pools., spas., fish cleaning tables., and silni-
lar pollutant sources shall not discharge directly into surface waters. Structures should be made of pernleable lnaterials.,
whenever practicat to allow the infiltration of stormwater runoff.
E. Applicability of Open Space and Bufferyard Requirelnents. All structures within the shoreline setback shall be lo-
cated such that the open space ratios for the entire parcel and all scenic corridors and bufferyards are maintained.
F. Enclosed Structures and Gazebos. No enclosed structures., other than a dock box offive feet or less in height., shall
be allowed within the shoreline setback. Non-enclosed gazebos lnust be detached from any principal structure on the parcel.
No decks or habitable spaces shall be constructed on the roof of any non-enclosed gazebo. Any gazebo within the shoreline
setback shall not exceed two hundred (200) square feet in area and the highest portion of the roof shall be no more than
twe Ive ( 12) feet above grade. Screen enc losures over poo Is shall not exceed twelve (12) feet in height.
G. Boat Shelter Criteria. Non-enclosed boat shelters lnay be erected only over a cut-in boat slip., basin., or ralnp and
Inay not extend into the adjacent water body beyond the lnouth of the cut-in area., nor extend over any mangroves., sub-
Inerged seagrasses or hardbottoln cOlnmunities. The roof and supporting members of a boat shelter lnay extend two feet into
the shoreline setback around the perilneter of a boat basin or boat ramp. No decks or habitable spaces shall be constructed
on the roof of any boat shelter. The highest portion of the roof of any boat shelter shall be no more than twelve (12) feet
above grade.
H. Preservation of Native Vegetation. Structures shall be located in existing cleared areas before encroaching into na-
tive vegetation. The relnaining upland area of the shoreline setback shall be maintained as native vegetation or landscaped
areas that allow the infiltration of stormwater runoff.
I. Applicability of Sick Yard Setbacks. Side yard setbacks shall be maintained for all structures in the shoreline set-
back except for docks., sea walls., fences., and retaining walls.
J. Tidal Flushing and Circulation. Shoreline structures shall be designed to protect tidal flushing and circulation pat-
terns. Any project that may produce changes in circulation patterns shall be approved only after sufficient hydrographic
information is available to allow an accurate evaluation of the possible impacts of the project. Previously existing manlnade
alterations shall be evaluated so as to determine whether more hydrological benefits will accrue through their removal as
part of the project.5
K. Bulkheads., Seawalls., and Riprap. Bulkheads seawalls or riprap shall be pennitted., provided that:6
I. Bulkheads., seawalls and/or riprap may be allowed as a principal use where it is delnonstrated that their purpose is
necessary for erosion control. Any attachments to seawalls or bulkheads., such as davits., cleats., and platfonns., or any other
elenlents that constitute docking facilities shall not be allowed except as accessory to a principle use. Seawalls may have a
cap of up to two feet in width without being considered a dock.
2. Vertical type seawalls or bulkheads shall be pennitted only to stabilize severely eroding shorelines and only on
manlnade canals., channels., or basins. Such seawalls or bulkheads shall be pennitted only ifnative vegetation and/or riprap
and filter cloth is not a feasible means to control erosion. No new seawalls., bulkheads., or other hardened vertical structures
shall be permitted on open water. 7
3. Existing., deteriorated seawalls and bulkheads on open water shorelines may be repaired and/or replaced and are
exempt froln the nonsubstantial ilnprovelnents limitations except on known or potential sea turtle nesting beaches. Repairs
and/or replacements must maintain the existing footprint to the maxilnum extent practical.
4. Whenever feasible., riprap., bulkheads and seawalls should be placed landward of any existing mangroves or wet-
land vegetation. Native upland., wetland., and aquatic biotic comtnunities shall be preserved to the Inaximum extent possible.
5. Wherever feasible., riprap shall be placed at the toe of solid seawalls to dissipate wave energy and provide substrate
for marine organisms.
6. No seawalls., bulkheads., riprap or other shoreline hardening structures shall be pennitted on or waterward of any
portion of any beach benn complex which is known to be or is potential nesting area for marine turtles., as determined by the
county biologist., Florida Fish and Wildlife Commission., and/or other appropriate agencies. Within known or potential nest-
ing areas., the county biologist may., in cooperation with the Florida Department of Environmental Protection., determine that
specific seglnents of shorelines have been previously., lawfully altered to such a degree that suitable nesting habitat for ma-
446
9.48. I 80
rine turtles js no longer present. In such cases~ the county biologist in cooperation with the Florida Department of Environ-
mental Protection may recomlnend reasonable measures to restore the nesting habitat. Ifsuch measures are not teasible~ the
setback reqlLlirelnents of this subsection do not apply. Restoration of suitable nesting habitat shall be required for unlawfully
altered beaches.7. 8
7. Beach renourishment projects on open water nlay be approved only upon a determination by the county biologist
that the pr~ject has a valid public purpose that furthers the goals of the Monroe County comprehensive plan.
8. All such projects shall require approval by the Florida Department of Environmental Protection and the u.s. Army
Corps of Engineers prior to issuance of a county pennit.
L. Boat Ramps. Boat ralnps shall be permitted, provided that:
I . All boat ralnps shall be located and designed so as not to create a setback nonconformity for existing structures
froln the new MHW line created by the boat ramp.
2. All boat ralnps shall be confined to shorelines of manmade canals~ channels~ and basins with little or no native
vegetation.
3. Thl~ width of boat ralnps~ including side slopes~ shall be limited to fifteen (15) feet, except that ramps serving com-
mercial uses, public uses~ or more than three dwelling units may be thirty-five (35) feet in width.
4. All above-water ramp~ side slope or wall structures shall be located landward of the original MHW line. This area
shall be subtracted from the total area allowed for structures in the shoreline setback in subsection C of this section (shore-
line setbacks).
5. A rnaximum of two accessory docks~ abutting either or both sides of the ramp~ are allowed. These docks Inay ex-
tend beyond MHW~ but shall cOlnply with all requirements of this section and Section 9.48.170(0) (mangroves, wetlands~
and submerged lands).
6. Construction of a boat ramp shall not involve any filling of surface waters except for the minimum amount needed
for the actual boat ramp surface~ side slopes, walls or pilings for accessory docks. Walls may not exceed two feet in width.
7. Drt~dging shall be limited to the minilnum amount necessary to construct the boat ramp and may not exceed one
hundred (100) cubic yards of total excavation above and below MHW. No dredging of submerged grass beds or hard bot-
tom communities shall be allowed.
8. All such projects shall require approval by the Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers prior to issuance of a county pennit.
M. Docking Facilities. Docking facilities shall be permitted~ provided that:9
I. All required permits from the Florida Department of Environmental Protection and Army Corps of Engineers shall
be obtained prior to issuance of a county pennit.
2. Docks shall not exceed ten (10) percent of the width of the waterbody as measured laterally across the waterbody
froln the point of mean low water of the proposed location of placement to the opposing point of mean low water.
3. No dock together with a moored vessel shall preempt more than twenty-five (25) percent of the navigable portion
ofa Inanmade waterbody.
4. Notwithstanding the provisions of Section 9.02.040~ docking facilities may be constructed on adjacent parcels un-
der the same' ownership and within the same zoning district, provided that a legally established principal use and/or structure
exists on onl~ parcel. In the event that ownership of the adjacent parcel containing such an accessory dock is severed from
the parcel containing the principal use/structure~ the dock must be removed and the shoreline restored.
5. Any docking facility shall meet at least one of the following conditions:
a. At least four feet water depth at ML W at the tenninal end of the docking facility, and continuous access to open
water~
b. A docking facility that extends across a full ten ( 10) percent of the width of any body of water Inay terminate in
water less than four feet at ML W if this water depth occurs within five horizontal feet of the terminal end of the docking
facility such that the centerline of an average vessel will rest in water of adequate depth~ and continuous access to open wa-
ter is available;
c. Docking facilities may be developed on the shoreline of lots in a subdivision that was approved before September
15, 1986, if the docking facility is located in a channel or canal that was dredged before September 15~ I 986~ and if there is
a ML W depth of at least four feet at the terminal end of the docking facility. Such docks shall not exceed ten ( 10) percent of
the width of the channel or canal; and
447
9.48.180
d. Docking facilities may be pennitted which tenninate over seagrass beds or hardbottoln comlnunities when the wa-
ter depth at the terminal platform is at least four feet above the top of all seagrasses., corals., lnacro algae., sponges, or other
sessile organisms at ML Wand continuous access to open water is available. All such projects shall require approval by the
Florida Departlnent of Environmental Protection and the u.s. Army Corps of Engineers prior to issuance of a county per-
In it.
6. Secure Tie-Down Provisions. All docks with boat lifts, davits or silnilar lifting lnechanislns shall provide cleats,
rings, or similar features that can be used to tie down the vessel when it is out of the water in order to stabilize the vessel
during high winds.
7. Floating Dock Allowance. Any docking portions extending over water no shallower than four feet at mean low wa-
ter (ML W) may be supported by floats.
8. Marginal Docks. On shorelines landward of a seawall, revetment or lnanlnade canal or channel, a dock may run the
entire length of the shoreline, parallel to the water's edge, provided that:
a. The landward edge of the dock is located entirely on the upland shoreline and no walkway is needed to provide
access to the dock~
b. All portions of the dock that extend over sublnerged lands are cantilever bealn or pile supported.
9. T-Style Docks. Where a mangrove fringe or wetland vegetation exists along the shoreline, then a dock with a
walkway perpendicular to the shoreline, such as a ~~T" or ~~L" dock., shall be the primary design pennitted and shall be de-
signed as follows:
a. The portion of the dock parallel to the shoreline lnay run the entire shoreline length of the parcel and shall not ex-
ceed five feet in width.
b. The dock and walkway shall be located so as to avoid or lninilnize covering wetland vegetation or mangroves.
c. The walkway connecting the dock to the shore shall not exceed four feet in width. One such walkway shall be al-
lowed for every one hundred (100) feet of shoreline length or fraction thereof(for example, seventy-five (75) feet of shore-
line lnay have one walkway and one hundred one (10 1) feet of shoreline may have two (2)).
d. Where a mangrove fringe or wetland vegetation exists along the shoreline and a ~~T" or ~~L" style dock would ex-
tend over more than ten (10) percent of the width of the waterbody., the county biologist will coordinate with and approve an
alternative design which shall receive approval by the Florida Department of Environmental Protection and the U.S. Army
Corps of Engineers prior to issuance of a county permit. Such alternate design shall only have the minitnum deviations froln
this subsection to address this unique situation. If a lnangrove fringe will be removed, the dock shall not extend more than
twenty (20) feet along the shoreline. On shorelines exceeding one hundred (100) feet in length, one such dock shall be al-
lowed for every one hundred (100) feet of shoreline.
10. Pier Type Docks. Pier type docks shall be permitted, provided that:
a. Such structures are oriented approxilnately perpendicular to the shoreline~
b. Such structures are located in an existing break in the lnangroves or shoreline vegetation~ however, ifno such break
exists, a walkway, no lnore than four feet in width, lnay be cut through the lnangroves or shoreline vegetation~
c. Such structures are no longer than twice the linear shoreline frontage of the parcel or one hundred (100) feet,
whichever is less. For purposes of this paragraph, dock length shall be measured from ML W out to the waterward extension
of the dock. A special exception may be granted by the director of planning and environmental resources to allow the mini-
mum relaxation of this length restriction as is necessary to provide the upland owner with access to adequate water depths
specified for docking facilities. Such special exceptions shall only be granted based on a written determination that., alnongst
other criteria, the proposed dock will not be inconsistent with community character, will not interfere with public recrea-
tional uses in or on adjacent waters., and will pose no navigational or safety hazard. At least thirty (30) calendar days prior to
the issuance of a county permit issued under such a special exception., the director of planning and environlnental resources
shall ensure that shoreline property owners within three hundred (300) feet of the subject parcel are notified by regular lnail
of the proposed special exception in order to allow an opportunity for appeal~
d. If proposed, the tenninal platfonn is no wider than eight feet in one dimension and does not exceed a total of one
hundred and sixty (160) square feet in area. The terminal platform may include stairways for swilnming access provided
that all stairways are contained within the square footage allowed for the terminal platfonn. The tenninal platform lnay in-
clude a non-enclosed gazebo that does not exceed one hundred (100) square feet in area and the highest portion of the roof
shall be no more than twelve (12) feet above the decking or terminal platfonn level.
448
9.48.180
N. Water Access Structures. The following specific types ofstructures~ or portions thereof: extending over mangroves~
wetlands~ or sublnerged lands~ shall be pennitted only on shorelines of water bodies other than manlnade canals, channels,
and basins. All required permits from the Florida Department of Environmental Protection and the Army Corps of Engi-
neers shall be obtained prior to issuance of a county perm it.
I. Water Access Walkways. Water access walkways shall be permitted~ provided that such structures are: 10
a. Oriented approximately perpendicular to the shoreline~
b. Designed to terminate in water no deeper than six inches at ML W or extend further than ten (10) feet from the wa-
terward extent of lnangroves~
c. Designed so that the decking is elevated at least two feet above MHW except for a ramp or stair section at the wa-
terward end which must be limited to no more than ten (10) foot long~
d. Do not exceed four feet in width and do not include a terminal platfonn or gazebo or roof structures~
e. Designated by signs of at least one square foot each to be placed on each side of the structure that states "~No Moor-
ing of Motorized Vessels Allowed"; and
f. Designed not to tenninate over seagrasses or hard bottom comlnunities.
2. Water Observation Platforms. Water observations platforms shall be permitted~ provided that such structures are: II
a. Oriented approxilnately perpendicular to the shoreline~
b. Designed to terminate in water no deeper than six inches at ML W or begin the terminal platform no further than ten
( 10) feet beyond the waterward extent of lnangroves~
c. Designed so that the top of the decking, including the terminal platfonn, must be elevated at least five feet above
MHW, except for a ladder or steps that may be lnay be added for swimming access only in the absence of seagrasses or
hardbottolTI communities~
d. Designed with a terminal platform that does not exceed one hundred and sixty (160) square feet~ inclusive of any
steps or ladder. The terminal platform may include a non-enclosed gazebo that does not exceed one hundred (100) square
feet in area and the highest portion of the roof shall be no more than twelve (12) feet above the decking or tenninal platform
leve I ~
e. Shall be designed with handrails and designated by signs of at least one square foot each to be placed on each side
of the structure that states ~~No Mooring of Motorized Vessels Allowed.'~
o. Special Approvals.
I. For structures serving commercial uses, public uses~ or more than three dwelling units, the director of planning and
environlnental resources or the planning commission may approve deviations from the requirements of the subsection above
as part of a lminor or major conditional use permit. Such approval may include additional structures or uses provided that
such approval is consistent with any permitted uses~ densities, and intensities of the land use district, furthers the purposes
of this section, is consistent with the general standards applicable to all uses~ and the proposed structures are located in a
disturbed area of an altered shoreline. Such additional uses are limited to waterfront dining areas~ pedestrian walkways, pub-
lic monuments or statues, informational kiosks, fuel or septic facilities, and water-dependent marina uses. Any such devel-
opment shall make adequate provision for a water quality monitoring program for a period offive years after the completion
of the development.
2. For structures serving three or fewer dwelling units, the director of planning and environmental resources may ap-
prove designs that address unique circumstances such as odd shaped lots or shorelines, even ifsuch designs are inconsistent
with the above standards. Such approval may be granted only upon the director~s written concurrence with the applicanfs
written finding that the proposed design furthers the purpose of this section and the goals of the Monroe County comprehen-
sive plan. Only the minimum possible deviation from the above standards will be allowed in order to address the unique
circumstances. No such special approval will be available for after-the-fact pennits submitted to remedy a code enforcement
violation.
3. Docks or docking facilities lawfully existing along the shoreline of manmade canals~ channels or basins~ or serving
three or fewl~r dwelling units on any shoreline, may be expanded or extended beyond the size limitations contained in this
section in order to reach the water depths specified for docking facilities. Any such modifications shall comply with each
and every other requirement of this section and Section 9.48.170 (mangroves, wetlands and submerged lands). 12
4. All structures lawfully existing within the shoreline setback along manmade canals, channels or basins, or serving
three or fewer dwelling units on any shoreline~ may be rebuilt in the same footprint provided that there will be no adverse
impacts on storm water runoff, navigation or turtle nesting habitat.
449
9.48.180
P. Requirelnents for Marine Turtle Nesting Areas. Notwithstanding the provisions above~ no develoPlnent other than
pile supported docks and walkways designed to minimize adverse impacts on Inarine turtles shall be allowed within fifty
(50) feet of any portion of any beach benn complex which is known to be or is a potential nesting area for Inarine turtles.
Any developlnent shall comply with Chapter 7.16. 13
1 . The fifty (50) foot setback shall be Ineasured from either the landward toe of the most landward beach berm or
froln fifty (50) feet landward ofMHW~ whichever is less. The maximum total setback shall be one hundred (100) feet froln
MHW.
2. Within known or potential nesting areas for marine turtles~ as detennined by the county biologist~ the Florida Fish
and Wildlife COlnlnission~ and/or other appropriate agencies~ the county biologist may~ in cooperation with other appropri-
ate agencies~ detennine that specific seglnents of shorelines have been previously~ lawfully altered to such a degree that
suitable nesting habitat for marine turtles is no longer present. In such cases~ the county biologist in cooperation with the
Florida Department of Environlnental Protection may recolnlnend reasonable Ineasures to restore the nesting habitat. If such
measures are not feasible~ the specific requirements of this subsection do not apply. Restoration of suitable nesting habitat
shall be required for unlawfully altered beaches. 14
3. Any such dock or walkway shall be designed to the following criteria to Ininilnize adverse impacts on marine tur-
tles:
a. The structure shall have a minimum horizontal distance of four feet between pilings or other upright melnbers.
b. The structure shall have a minimum clearance of two feet above grade.
c. If stairs or a ramp with less than the minimum two feet clearance above grade is required~ such stairs or ramp shall
be enclosed with vertical barriers no more than two inches apart.
4. All outdoor and indoor artificial lighting complies with Sections 7.16.030 and 7.16.040. (Prior code ~ 9.5-349)
Adopted by State Rule 28-20.025(23) on Jan. 04, 1996. Language further amended by county staff
2 Implements Compo Plan Policies 202.10.6 and 212.2.1
3 Implements Conlp. Plan Policies 212.2.1 and 212.2.3
4 Implement Conlp. Plan Policy 212.2.1
5 Implenlents Compo Plan Policy 212.6.4 .
6 Inlplenlents Compo Plan Policy 202.10.6 and Objective 212.6 and subsequent Policies. Note that the provisions for fences are deleted here and incor-
porated into the "fence'"
7 Inlplelnents Compo Plan Policy 102.8.3 and 204.2.2 (amendment required for latter)
8 Implements Canlp. Plan Policy 212.2.1
9 Implenlents Camp. Plan Policies 212.5.2 and 212.5.3
10 Implements Compo Plan Policy 212.5.4
II Implements Canlp. Plan Policy 212.5.4
12 Inlplements Canlp. Plan Policy 212.5.3
13 Implements Camp. Plan Policy 207.8.7
14 Inlplements Camp. Plan Policy 212.2.1
450
9.50.010
Chapter 9.50
PARKING AND LOADING STANDARDS
Sections:
9.50.010
9.50.020
9.50.030
9.50.040
9.50.050
Purpose and intent.
Required off-street parking.
Parking agreements.
Required number and size of off-street loading spaces.
Restriction on use of parking and loading spaces.
9.50.010 Purpose and intent.
The purpose and intent of this chapter is to provide adequate off-street parking and loading areas to serve the majority of
traffic generated by development. The provision of parking and loading areas is to: avoid undue congestion on the streets~
protect the capacity of the road system to move traffic; minimize unnecessary conflicts between vehicles~ pedestrians~ and
bicyclists~ facilitate the use of transportation management systems~ and avoid noise~ glare~ lights~ and visual impacts of
parking and loading operations on adjacent properties. (Ord. 042-2003 9 1 (part): prior code 9 9.5-351)
9.50.020 Required off-street parking.
A. Generally. Every use shall be provided with off-street parking in accordance with the standards contained in this
chapter. Every parking space, both required and unrequired~ shall meet the minimuln standards of this chapter.
B. I)irnensional Requirements of Parking Spaces and Aisles. Each parking space shall have direct and unrestricted
access to an aisle. Except as expressly stated herein, each parking aisle and parking space shall meet the following minimuln
standards:
Parking Space and Aisle Width Minimum Dimensional Requirements
Parking Pattern in One-Way Aisle Two-Way Aisle Parking Space Parking Space
Degrees Width Width Width Length
o (Parallel) 12 feet 24 feet 8.5 feet 25 feet
30 or 45 1 5 feet 24 feet 8.5 feet 1 8 feet
60 ] 8 feet 24 feet 8.5 feet 1 8 feet
75 22 feet 24 feet 8.5 feet ] 8 feet
90 24 feet 24 feet 8.5 feet 1 8 feet
c. Required Number of Off-Street Parking Spaces. The following is the number of parking spaces to be provided for
each use:
S ecific Use Cate or
Single-family dwelling units~ including mobilehomes
on individual lots
Multifa1mil dwellin units
Mobileholne arks
Commercial retail except as otherwise specified
below
Minimum Re uired Number of S aces
2.0 spaces per dwelling unit or mobilehome
Eating and drinking establishments
Convenience stores
Cotnmercial recreation (indoor)
451
9.50.020
Charter/ Juide boats~ less than 6 passen ers ca acity
Party and charter/guide boats~ more than 5 passengers
capac ity
Boat ralnps
4.0 s
1.0 s
1.0 s
S ecific Use Cate or
Commercial recreation (outdoor)
Theaters. conference~ or activity centers
Offices
Medical and dental clinics
R V arks
Hotels/destination resorts
Mini-warehouses~ ersonal stora e facilities
Industrial uses
Hospitals
Churches
Live-aboard
Marinas and comlnercial fishing facilities
6.0 spaces per ramp~ all spaces shall be a Ininilnum of
14 feet by 55 feet~ to accoInmodate trailers and
oversized vehicles.
D. Category of Specific Use for Detennination of the Number of Spaces. Ifa specific use does not fall within one of
the above categories in subsection C of this section~ then the parking space requirelnents shall be based on the most current
edition of the Institute of Transportation Engineer~s Parking Generation Manual. or other appropriate documentation ap-
proved by the planning director.
E. Calculation of Number of Parking Spaces. In calculating the number of parking spaces required under this chapter~
the following special provisions apply:
1. When units or measurements determining the number of required parking spaces result in the requirement ofa frac-
tional space~ any fraction up to and including one-half shall be disregarded and fractions over one-half shall require one
parking space.
2. In determining the amount of land activity area for outdoor uses~ areas used for parking and driveways shall not be
counted.
3. When two or more separate uses are on a site~ the required parking for the site is the SUln of the total required park-
ing for each of the individual uses~ except if the shared parking calculation option is used~ as provided for in subsection I of
this section.
F. Handicapped Parking RequireInents. The nUInber and design of handicapped parking spaces shall be in accordance
with the provisions of Title 6~ which incorporates by reference the Florida Accessibility Code for Building Construction.
G. Location of Required Parking. Required off-street parking spaces for single-family and Inultifamily residential uses
shall be located on the premises they are intended to serve. Required off-street parking spaces for all other uses shall be lo-
cated on the saIne lot as the principal use they are intended to serve or upon another lot in accordance the provisions of sub-
section H of this section.
H. Off-Site Parking Requirements. The following requirements shall apply to off-site parking facilities:
1. The location of any off-site parking lot shall be within three hundred (300) feet walking distance~ as measured by
the shortest route of effective pedestrian access~ of a public entrance to the structure of land area containing the use for
which the spaces are required~
2. A parking agreement shall be required in accordance with Section 9.50.030~ and
3. Any off-site parking area located within a different land use district than the principal use it is intended to serve
shall meet the following provisions in addition to requirements set out in subsection (H)( I) and (2) of this section:
a. The off-site parking area and the usee s) it is intended to serve shall be aggregated for purposes of development re-
view and shall be approved only as a minor or major conditional use.
452
9.50.030
b. The principal use intended to be served by the off-site parking area shall be a permitted principal use within the
zoning district in which the off-site parking area is located.
I. Shared Parking Option Requirelnents:
1. Purpose. The purpose of the shared parking option is to permit a reduction in the total nUlnber of parking spaces
which would otherwise be required in instances where two or more uses on the saIne lot or separate lots are to share the
saIne parking spaces because their peak parking demands do not occur at the same time. Shared parking is an option to the
method for calculation of required parking as provided for in subsection (E)(3) of this section.
2. Condition on Development Approval. If the shared parking option is used to calculate the alnount of required park-
ing spaces, 1the approved developlnent permit shall have a condition that any change in the occupancy or use of any the prin-
cipal uses intended to be served by the shared parking shall require development approval by the planning director to ensure
sufficient parking is available.
3. Co'mputation of Shared Parking Requirements. Notwithstanding the provisions of subsection (E)( 4) of this section
for individual land uses, when any land or building is used for two or more distinguishable purposes as listed below, the
shared parking option Inay be used to determined the Ininilnum amount of parking required. Under the shared parking op-
tion, the Ininimum total nUlnber of required parking spaces for such land or building shall be determined by the following
procedure:
a. Multiply the minimum parking requirement for each individual use as set forth in subsection C of this section by
the appropriate percentage as set forth in the table below for each of the five designated time periods.
b. Add the resulting sums for each of the five vertical columns in the table.
c. The minimum parking requirement is the highest sum among the five columns resulting from the calculation in
subsection 13 of th is section.
Weekday Weekday Weekend Weekend
Nighttime Day Evening Day Evening
Midnight- 9:00 a.m.- 6:00 p.m.- 9:00 a.m.- 6:00 p.m.-
Specific Use Categories 6:00 a.m. 4:00 p.m. Midni2ht 4:00 p.m. Midnight
Marinas 5% 70010 1 00/0 1 000/0 200/0
Residential 100% 60% 90% 800/0 90%
Office/Jlndustrial 5% 100% 10% 10% 50/0
Churches 5% 250/0 50% 1 000/0 500/0
Comlnt~rcial Retai I 5% 600/0 90% 1 000/0 700/0
Drinkin g and Eating /
EntertaJinment /
Recreation (theaters,
bowling alleys, meeting
halls) 1 00/0 40% 100% 800/0 1 000/0
H ote I 75% 750/0 1 000/0 75% 100%
All otht~rs 100% 100% 1 000/0 ] 000/0 100%
J. Wheel Stop Requirements. All impervious surface parking spaces shall be clearly marked by striping or other mark-
ings acceptable to the planning director. All pervious surface parking spaces shall have a wheel stop, bumper blocks or simi-
lar barriers to designate each parking space.
K. Bicycle Spaces. A bicycle rack for parking bicycles shall be provided by all nonresidential development within two
hundred (200) feet of an existing or programlned state or county bikeway. The minimum layout for a bicycle parking area
shall be a two-foot wide by six-foot long stall with a minimum aisle width of five feet. The bicycle parking area shall be
located within fifty (50) feet of a public entrance to the principal structure and shall not interfere with pedestrian traffic.
(Ord. 042-2003 ~ 1 (part): prior code 9 9.5-352)
9.50.030 Parking agreements.
A. Purpose. The purpose of parking agreements is to ensure the continued availability of off-site parking facilities for
the use( s) they are intended to serve.
453
9.50.040
B. Requirelnents. All off-site parking facilities shall require a parking agreement.
C. F onn and Approvals. The parking agreelnent shall drawn to the satisfaction of the county attorney and planning
director and executed by all parties~ including the county. The agreelnent shall provide the county with the right of enforce-
Inent. (Ord. 042-2003 S I (part): prior code S 9.5-353)
9.50.040 Required number and size of off-street loading spaces.
A. NUlnber and Size of Required Spaces. Loading spaces shall be provided as follows:
Minimum Required Minimum Required
Number of Loading Number of Loading
and Unloading Spaces and Unloading Spaces
Specific Use Category G.F.A. (Sq. Ft.) II' x 35' 1 t' x 55'
1. Office uses
0-29,999 0 1
30~000-99~999 0 1
I OO~OOO and over 1 I
2. COlnmercial (excluding eating
and drinking est.)
0-9999 0 0
1 0~000-29~999 0 I
30~000-79 ~999 0 2
80~000 and over 1 2
3. Commercial eating and drinking
estab lishments
0-4999 0 0
5~000-19~999 0 1
20~000-39.999 0 2
40~000 and over 1 2
4. Hotels and Inotels
0-49~999 0 0
50~000-99~999 0 I
I 00~000-199~999 0 2
200~000 and over 1 2
5. Industrial
0-4~999 0 0
5~OOO-29~999 0 I
30,000-49~999 0 2
50~000 and over 1 2
B. Location of Required Loading and Unloading Spaces. Loading spaces shall be located entirely on the same lot as
the principal use they serve. These spaces shall not be located on any public right-of-way~ or on any parking spaces or park-
ing aisle. (Ord. 042-2003 ~ 1 (part): prior code 9 9.5-354)
9.50.050 Restriction on use of parking and loading spaces.
The display or storage ofmerchandise~ materials or lTIotor vehicles and/or repair of motor vehicles or any kind of equip-
ment is prohibited in all off-street parking and loading spaces and aisles. (Ord. 042-2003 9 1 (part): prior code 9 9.5-355)
454
9.52.0 10
Chapter 9.52
LANDSCAPING
Sections:
9.52.010
9.52.020
9.52.030
9.52.040
9.52.050
9.52.060
9.52.070
Required landscaping.
Landscaping standards.
Landscape material.
Landscaping installation criteria.
Removal or major pruning.
Street trees.
Landscaping materials.
9.52.010 Required landscaping.
All off-street parking areas containing more than six spaces and located in one of the land use districts listed in this sec-
tion shall be landscaped in accordance with the standards set out in Section 9.52.020.
Land Use District Landscape Standard
Urban comlnercial C
Urban residential C
Sub urban commercial A
Sub urban residential C
Sparsely settled A
Native area A
Destinati on resort A
Mixed use C
Light industrial C
Mi litary facilities C
hnproved subdivision (commercial) A
(Prior code .~ 9.5-361)
9.52.020 Landscaping standards.
Landscaping standards for off-street parking areas are set out in the diagrams which follow this section. The nUlnber of
square feet of planting area is for every twenty-four (24) spaces~ with fractional areas providing a proportional amount.
455
9.52.020
PARKING
LOT LANDSCAPiNG
CLASS A
i500 .5#.f'T ~~ .~
S CALClp-.t
, UND~STOC"'1
IZ. ~~
IJC1lJlt:::..~llT ......
(....?~N..S~
'" .
ti. >031
PLAN, KEY
O~~
o U~1ar:;T
. ~~
~ "'~~.-"1l:MD .~
~ ~~
456
9.52.020
PARKING LOT LANDSCAPING
CLASS B
~~"'"
P\..AN1l~ ~
:3 CANOP-l
I UNCc:rrsrOIZY
1 S~eue6
CLASS C
A '30 ~.N.
P~Tl~ A...UA
2. ~pY
5 S \.\ CJ...)~
, . .
.. . .
,
. .
..
.. -... . .-
. ,
:: 1 · :.. I
. ! 'j
.. .
I .' .
. .
~ EQLJl R..Er'\E~ PE.X. '24 PAZ ~ I ~G S P K:E !:..
457
9.52.020
Av AILABLE
F AREAS . NG
LIMITS 0 , ANDSCAPI
FOR ,PARKING L
.....' L.OaJc.
~.~
_J
A'C.I:At. .-cae.
~~ lNu.lC;;'la~~l""~
~ .........."'"
" 9 5-362)
(Prior code ~ .
458
9.52.030
9.52.030 Landscape material.
All landscape material shall conform to the size and types specified in Section 9.52.070. (Prior code S 9.5-363)
9.52.040 Landscaping installation criteria.
A. All plant lnaterial shall be free of disease and shall be one of the species shown in Section 9.52.070 or shall be cer-
tified by th(~ county biologist as native or tropical in character.
B. All plant tnaterial shall be installed in a fashion that ensures the availability of sufficient soil and water to sustain
healthy gro'wth.
C. All plant material shall be planted with a minitnum of six inches of organic soil and mulched to a depth of three
inches. All trees shall be properly guyed or staked at the titne of planting.
D. All plant Inaterial shall be planted in a manner which is not intrusive to utilities or pavelnent.
E. A performance bond shall be posted to ensure replacelnent of plant material that dies within twenty-four (24)
months of installation.
F. Seventy (70) percent of the plant material used to satisfy landscaping requirements shall be native species.
G. The following plants shall not be installed as landscape material:
I. Melaleuca~ Melaleuca quinquinerva;
2. Australian Pine, Casuarina (Spp.);
3. Brazilian Pepper, Schinus terebinthifolius;
4. Sapodilla, Manilkara zapota, north of the Seven Mile Bridge;
5. Leatherleaf~ Colubrina asiatica. (Prior code S 9.5-364)
9.52.050 Removal or major pruning.
Except for those species identified in Section 9.52.040(F), relnoval or major pruning of any tree six inches dbh shall re-
quire a development permit. All such activity shall adhere to practices and principles set by the National Arborists Associa-
tion. (Prior code S 9.5-365)
9.52.060 Street trees.
All street fronts not required to provide a scenic corridor or bufferyards in accordance with Sections 9.52.020, 9.52.030
or 9.52.040 shall plant trees. Such trees shall be native canopy trees, not intrusive to utilities or pavement, and shall be in-
stalled pursuant to a landscape plan~ with the number of trees to be equal to at least one canopy tree (three inches dbh) per
one hundred (1 00) feet of street length provided that in no event will less than one street tree be provided for every lot. Ex-
isting natural native vegetation takes priority and satisfies this requirement. (Prior code S 9.5-366)
9.52.070 Landscaping materials.
AlJ required landscaping materials shall be of the types and minimum sizes set forth in this section. Canopy trees shall
have a minilnum of three inches dbh or twelve (12) feet in height. Understory trees shall be a minimum of five feet in
height. Shrubs shall be a minimum of three feet in height. Shrubs and hedges shall be maintained at a height not to exceed
three teet if located within the clear sight triangle as defined in Section 9.60.070.
C = Canopy
U = Understory
S = Shrub
G = Ground Cover
V = Vine
ST = Street Tree
SA = Salt Tolerant
Native
Latin Name Trade Name Code
Conocarpus erectus Buttonwood~ Silver Buttonwood C, U~ S, ST
Bursera silnaruba GUlnbo Limbo C
459
9.52.070
Latin Name Trade Name Code
ChrysophyllulTI oliviforme Satinleaf C~U~ST
Clusia rosea Pitch AppIe~ Autograph Tree C~ ST
Coccoloba diversifolia Pigeon Pluln C~ ST
Coccoloba uvifera Seagrape C~S~ST
Colubrina arborescens Coffee Colubrina C~U~ST
Cordia sebestena Geiger Tree C~ U~ ST
Dipholis sailcifolia Willow Bustic C~U~ST
Drypetes diversifolia M ilkbark C~ U~ ST
Exostelna caribaeuln Princewood C~ U~ ST
Exothea paniculata Inkwood C~ ST
Ficus aurea Strangler Fig C
Ficus citrifolia Shortleaf Fig C
Hibiscus tiliaceous Mahoe C~ ST~ SA
Krugiodendron ferreuln Black Ironwood C~U~ST
Lysilolna latisiliquum Wild TalTIarind~ Lysilolna C~ST
Mastichodendron foetithssilnuln Mastic C~ ST
Metopium toxiferum Poisonwood C~ST
N ectandra coriacea Lancewood~ Jamaica Nectandra C~U~ST
Persea borbonea Redbay C
Pinus elliottii Slash Pine C
Piscidia piscipula Jamaica Dogwood C~ST
Pseudophoenix sargentii Buccaneer PalIn C~U
Sabal palmetto Cabbage PalIn C~U
Simarouba gIauca Paradise Tree C~ ST
Swietenia mahagoni Mahogany C~ ST
Acacia famesiana Sweet Acacia U~ S
Amyris eleminfera Torchwood U
Andira inennis Bahia Honda Andira
Annona glabra PondappIe U
Ardisia escallonioides Mariberry U~ S
Ateramnus lucidus Crabwood U~ ST
Baccharis halimifolia Saltbush C~ SA
Bourreria ovata Strongback U
Brysonima lucida Locustberry S
Bumelia celastrina Saffron Plum U
Call icarpa americana Beautyberry S
Calyptranthes pallens Spicewood~ Pale Lidflower U~ S
Cane Ila winterana Cinnamonbark U~ S
Capparis cynophallophora Jalnaica Caper S
Capparis tlexuosa Limber Caper U
Casasia clusiifolia Seven- Year Apple U
Cassia chaplnanii Bahama Cassia S
Cereus gracilis var. Silnpsonii Prickly Apple Cactus S
Chiococca alba Snowberry S~ G
Chrysophyllum olivifonne Satinleaf S
CitharexylulTI fruticosum Fiddlewood U
Coccothrinax argentata Silver Palm U~ S
Colubrina cubensis Cuba Colubrina U
460
9.52.070
Latin Name Trade Name Code
Crossopetalum rhocolna Rhacoma U~ S
Cupania glabra Cupania U
Erithal is fruticosa B lacktorch S
Eugenia axillaris White Stopper U, ST
Eugenia confusa Redberry Stopper S
Eugenia foetida Spanish Stopper U, S
Eugenia rholnbea Red Stopper S
F orestiera segregata Florida F orestiera S
Gossypi uln hirsutum Wild Cotton S
Guaiaculn sanctum Lignum Vitae U, S, VST
Guapira discolor Blolly U~ S, ST, SA
Guettardla elliptica Everglades Velvetseed U~ ST
Gymnanthes lucida Crabwood U
Halnelia patens Firebush S
Hypelatt~ trifoliata White Ironwood U, ST
Jacquinia keyensis Joewood U, S
Lantana involucrata Wild Lantana S
Lycium carolinianuln Christmas Berry S, G, SA
Manilkara bahamensis Wild Dilly U
MaytenUls phy llanthoides May ten S
Myrica (:erifera Wax-Myrtle U, S
Myrsine Floridana Myrsine U, S
Pisonia rotundata Pisonia U, S
Pithecellobium guadalupense Blackhead U, S
Pithecellobium unguis-cati Cat's Claw U, S
Prunus nlyrtifolia West Indian Cherry U
Psychotria ligustrifolia Wild Coffee S
Randia aculeata Randia, White Indigoberry S
Reynosia septentrional is Darling Plum U
Sapindus saponaria Soapberry U
Savia balhamensis Maidenbush S
Scaevola plumieri Inkberry U, S
Serenoa repens Saw Pahnetto S
Solanum erianthum Potato Tree U, S
Suriana rnaritima Bay Cedar S
Tetrazygia bicolor West Indian Lilac
Thrinax lTIorrisi i Keys Thatch Palm U, S
Thrinax radiata Florida Thatch Palm U, S
Tournefortia gnaphalodes Sea Lavendar S
Trema lamarckianum West Indies Trema S
Trema micranthuln Florida Trema U, S
Vallesia antillana Pearl berry G
Xirnenia americana Tallowwood, Hog Plum U
Yucca aloifolia Spanish Bayonet S
Zamia Floridiana Coontie S, G
Zanthoxylum fagara Wild Lilne S
Zanthoxylum flavum Bahia Honda LiJne
46]
9.52.070
Exotic
Latin Name Trade Name Code
Bauhinia spp. Orchid Trees C
Cassia fistula Golden Shower Tree C
Cassia gradis Pink Shower Tree C
Cochlospermuln vitifoliuln Buttercup Tree C
Cocos nucifera Coconut PalIn C
Delonix regia Flalnboyant~ Royal Poinciana C
Erythrina crista-gallii Coral Tree C
Jacaranda acutifolia Jacaranda C
Melicoccus bijugatus Spanish Lilne C
Peltophorum inerme Yellow Poinciana C
Spathodea calnpanulata African Tulip Tree C
Tabebuia spp. Tabebuia C
Terminalia catappa Tropical Almond C
Bougainvillea glabra Bougainvillea S~ V
Carissa grandiflora Natal Pluln S
Citrus aurantifolia Key Lime S
Citrus spp. Kumquat~ Lilne Orange X
Codiaeum variegatuln Croton S
Euphorbia puicherrilna Poinsettia S
Gliricidia sepiuln Madre de Cacao U
Hibiscus spp. Hibiscus S
Murraya paniculata Orange-Jaslnine S
Musa spp. Banana U~ S
Plumeria spp. Frangipani U~ S
(Ord. 036-2003 ~ 2~ prior code ~ 9.5-367)
462
9.54.010
Chapter 9.54
SCENIC CORRIDORS AND BUFFERY ARDS
Sections:
9.54.010
9.54.020
9.54.030
9.54.040
9.54.050
9.54.060
9.54.070
Generally.
Scenic corridor.
District boundary buffers.
Required scenic corridor and major street buffers.
Bufferyard standards.
Responsibility for district boundary bufferyards.
Nonconforming buffers.
9.54.0 I 0 Generally.
No structure or land which abuts U.S. I ~ SR 905 or SR 940~ a boundary between two different land use districts~ or fronts
on a major street shall hereafter be developed~ used or occupied unless a scenic corridor or bufferyard is provided in accor-
dance with the requirements of this chapter. No structure other than a fence shall be placed within a required butTeryard~
provided that where there is existing native vegetation which will provide for a bufferyard~ no clearing will be permitted for
the installation for a fence. (Prior code ~ 9.5-375)
9.54.020 Scenic corridor.
A. All developtnent of any parcel of land which fronts on U.S. I ~ 905 or 940 and is designated as hammock~ mangrove
or transitional habitat and is vegetated with plants native to the Florida Keys shall be developed so that a scenic corridor
buffer is provided in accordance with Section 9.54.040.
B. All other development of land which fronts on U.S. ] ~ 905 or 940 shall provide a major street buffer in accordance
with Section 9.54.040. (Prior code ~ 9.5-376)
9.54.030 District boundary buffers.
A. Bufferyards required by Section 9.54.0] 0 along district boundaries shall be provided in accordance with the follow-
ing table:
lJR1\I-
lIC lIR lJRl\1 L SC SR SS NA IS DR RV CFA CFV CFS Mll I 1\-11 1\IF AD PR
UC C C C 0 F B 0 B C G G G B -
UR C B C C C C E A B C D H H H C C D D
URM C C C C B C B E C D 0 C C C C H D C
URM-
L C C C B C B E C D D C C C C H D C -
sc C B B D C B D B C G G G A B
SR D C C C D C E A B 0 E H H H D D E E -
SS F E B B F D D A D E E G G G D E F F
NA B A E E B A A B C A A A B C C
MN B A E E B A A - B C A ^ A B C C C
OS F E B B F D D A D E E G G G 0 E F F
IS D B C C 0 B D C D E H H H 0 D E D -
DR B C 0 D B D E B D B C H H H C C E D
RV C 0 0 0 C E E C E C C H H H B C E 0
CFA G H C C G H G A H H H - B
CFV G H C C G H G A H H H B
CFS C H C C G H G A H H H 13
'I -
463
9.54.040
(lRl\il-
(iC (fR l J R 1\1 L SC SR SS NA IS DR RV CFA CFV CFS 1\1lJ I 1\11 I\IF AD PR
MU C C C - D D B D C B A B
I C H H A D E C D C C A A A A
MI H D D D B E F C E E E B B B 13
MF D C C [ F D D D B
AD B D D 0 B D D D D 0 D D 0 0 B B B D
PR B B D
B. Where a district boundary runs along a canal, the following rules apply:
I. No buffer is required if the specified buffer is an A or B buffer.
2. All other buffers shall be reduced as follows:
C to A
Dto B
E to C
Fto D
G to A
H to B
(Prior code ~ 9.5-377)
9.54.040 Required scenic corridor and major street buffers.
Bufferyards required by Section 9.54.0 I 0 shall be provided in accordance with the following table:
Land Use District Major Street Buffer Scenic Corridor
Urban commercial B D
Urban residential D E
Urban residential mobileholne D 0
Urban residential mobilehome-
Limited J 0
Sub urban cOlnlnercial C E
Sub urban residential E F
Sparsely settled F F
Native area F F
Mainland native area F F
Improved subdivisions 0 0
Destination resort 0 F
Commercial fishing E F
Mixed use B F
Light industry D F
Maritilne industries 0 F
Military facilities C F
Recreational vehicle E F
Airport E F
Major streets are: U.S. I, 905, 940 and Key Deer Boulevard. Additional major streets may be designated by the board of
county commissioners pursuant to the provisions of Chapter 9.84. (Prior code ~ 9.5-378)
9.54.050 Bufferyard standards.
Each of the buffers required in Sections 9.54.030 and 9.54.040 shall be installed in accordance with the standards set
forth in this section. The illustrations specify the number of plants required per one hundred (100) linear feet. To determine
464
9.54.050
the total number of plants required~ the length of each side of the property requiring a buffer shall be divided by one hun-
dred (100) and multiplied by the number of plants shown in the illustration. Any buffer area which overlaps another buffer
area shall be subtracted from the total to avoid double counting. The arrangelnent of the plants in the bufferyard shall be
detennined by the developer.
465
9.54.050
BUFFERYARDS
PLANT KE.Y
o
~
BUFFER A
PLAN" t'\ATER.W../ \0)'
\.4 CA~OPY
'- S \w\R.U6~
l.b CANOPY
e s.uRUe.~
2. CAJ.JO PV
10 .s ).(RU e,s
CANOPY
UNDEF=S1\)f{y .
suRues
\'I\ont -.--- -
I~' L... kD~
io' r:
466
9.54.050
BU:FFERY AR:DS
BlJFFER B
~~A:::VE/l.iN..I\CtJ' v:(j...... . .............:....... ........ .
.4 IjMOe.e:s~'V
4 ~s"'c:u ~
~ ~ '~~~,. I~st .[2........:. <'c. . ..... - b. ...'.....,. ~tG. .'.l..
, ;:.5UItUlS'S _ tclV;l
~.,: !C.A.~l""" \ 0"
A3 UN tJE i:STOI:"1'
8 s.~R.\J~~.
3 CANOP( s..
, \JNCE;:~
10 ,S\4'W:U;~
467
9.54.050
BUFFERYARDS
BUFFER C
~T ~'Te.G!lA~JJCD.
~ 5 CA\.)OP'(
l~A E-N~TOG:'1
t-4 s~~u "e,~
4- c...A.NOPfW'
t &. U ~Oe..esIO~"
\b ~R:Ue~
.4..'5 :CAN, 0 P'1' ~ S f
~,e tJ~Oe.~
\0 S~ lZUO~
5 CANO"P'( \0'
'Z uN.OElZSTCCf
2:0 Su.R:Ua:i
468
9.54.050
BUFFERY.ARDS
B1JFFER D
PLA~ MATEtAL1~eD' \\lJO-m
4tE~ C""IJOfl'i &S.:
2..4" UNDe It ~ ~O: I:t
. A ~.ItUe,~
~f'~c.ANON set
L..47 \..JNcet:S~
t2.S~.ftU e~
'" CA.NO~ tS'
.3 UNOE.~O~E.,Y
'Ur SMJfUC.~
'-.iC- ~~
:::. .3 LttJDE.sesT~
tf> S41~~
469
9.54.050
BUFFER E
"P\.At.JT HJ\~ e~\~ l:.cot<
o:~ ("d
.. UNO~OC'<
2AS .~1lOo.:s
9 CANO"" s:J
4~~1JHca..s1O~
2.7 St1~~
"to, ~ ~.I
.5 U:.t.4;:~
73:C' SWIlJ~
~ lC"A~ ~'* !;AjJ
*, LJ~OE ~5"'i.X~
~.s"....~u"e~:
Bl<<J:FFERYARDS
470
BUFFER F
f~\4'T t1A7Z.:~.L 1lCX)\
~ZCJ CAMOP1'
1:2. 11 N Dfesro~'(
4ctO ,SHwes
9.54.050
BU"FFERY ARDS
2,S C:A~ 15'
r~ u~.~'SToet
50 SH nJC>~
~ FOo~ eaCJ-\
,.
471
9.54.050
BUFFE,RYARDS
PiA.t.JT ~tE~J:\~'
\'W1QT\l
BU.FFERG
I GANOPltrf 6'
i U NOer:5TO,t:.Y
e SH CU6.~,
.. ~ ,\YCljD, nNC~
\ CANO'p;(
~ U.NceR.$fOl:'t'
30 SMCUClt:)
B,UFFER 'H
.Z ~ \d
., uMa;e::stCfc'Y
L2 S4-4,eu~
" Fc.1:rr.\vCCC) F.U<.e.
2. CA.t.l~
S u~J.,tt.,lZ'S12:CY
*'0 .Q..~
472
9.54.050
BU,FF'ERY ARDS
ALTERNATIV'E BU'FFER:S
l
,V:I T'~ A OJO. ~..I~c-., V..C:,"'t~.~rr
taT' ,AN 0 'T\Voce t'C)[.e,
'~ 0(1. F2:Cl.t4'1' AACJ(J~
I t
I
I ? 1m. J
I i I _ ~
! ~\cn II
.... .... f. -K . ~.j,1
e~~...
'* T~
I
I
) 'I
f
I i~
;i
II
..11-
I
.,"'T~ 1\\10 C)It., ~. A.C\~ JI' , :,
fiAO...,T ".IbC.I,N(\: . . .
473
9.54.050
BUFFERYARDS
ALTERNATIVE BUFFERS
\VlT\.l taDJOlt.JltJG. V.<A.~T
tcrr AJ\10 F5!DN.T ,~~
I
m ..~
I '~~
I
~WCei ....... .. 4i~.'tiCJa
~I:iJLO ~. ~~
~..~......... *.....~....
- #1 J . .
~ . .,
t t
\V.TH R:DJl. PAEXJ.~
I
; l..........
m
~
- !
~ ~1.... ..........,-'_.
1
\.... f1l1 ~e.A'I.. o~~lOE 1r
PAC)CJ~ ... ......
(Prior code ~ 9.5-379)
474
9.54.060
9.54.060 Responsibility for district boundary bufferyards.
A. Where both sides of the district boundary are vacant:
I. Where cOllllnercial districts abut residential districts (UR, IS, URM, URM-L, SR, SS and NA) and an E or F buffer
is required., the comlnercial uses shall provide two-thirds of the required buffer.
2. In all other cases., each side shall be responsible for half of the required buffer.
B. Where one side of the boundary is developed:
I. The new use shall be responsible for all the required buffer where no solid fence exists; but all existing canopy
trees., shrubs or understory trees within ten (10) feet of the property line may be counted up to fifty (50) percent of the re-
quired plant material.
2. The new use shall be responsible for eighty (80) percent of the required buffer where a solid fence exists, and may
count all existing canopy trees, shrubs or understory trees within ten (10) feet of the property line up to forty (40) percent of
the specified plant Inaterial. (Prior code ~ 9.5-380)
9.54.070 Nonconforming buffers.
A. Where existing uses occupy both sides of a district boundary, a buffer shall be established as a condition of any
permit issut~d for a change in use., reconstruction or addition for any nonresidential use or hotel or destination resort. The
maxilnum buffer that can be established, given the existing buildings and drives, shall be established. If the width available
is less than fifty (50) percent of the minimum required buffer width, then a six-foot solid fence shall be located at the inner
side of the buffer.
B. Where street buffers are nonconfonning., the maximum buffer that can be established shall be required as a condi-
tion of the issuance of any permit for change of use., expansion or reconstruction. (Prior code ~ 9.5-381)
475
9.56.010
Chapter 9.56
OUTDOOR LIGHTING
Sections:
9.56.010
9.56.020
9.56.030
9.56.040
9.56.050
Outdoor lighting.
Outdoor lighting standards.
Maximum illumination.
Shielding of nonresidential lighting.
Waterfront lighting.
9.56.0 I 0 Outdoor lighting.
No structure or land shall be developed~ used or occupied unless all outdoor lighting confonns to the requirements of this
chapter and Chapter 7.16~ unless otherwise specified within this title. (Prior code S 9.5-391)
9.56.020 Outdoor lighting standards.
All outdoor lighting~ other than that used for public athletic facilities~ shall be designed~ located~ and tnounted at maxi-
mum heights of eighteen (] 8) feet for non-cutoff lights and thirty-five (35) feet for cutoff lights. Outdoor lighting for public
athletic facilities Inay be designed~ located~ and mounted up to a maxitnum of seventy (70) feet in height. Except for fields
designated as public athletic facilities~ little league fields shall be mounted to a maXimUlTI of sixty (60) feet in height at the
Key Largo Comlnunity Park. (Prior code ~ 9.5-392)
9.56.030 Maximum illumination.
All outdoor lighting shall be designed and located such that the maXimUl11 illutnination measured in footcandles at the
property line shall not exceed three-tenths footcandle for non-cutoff lights and one and five-tenths footcandles for cutoff
lights.
NON CUTOFF LIGHT
\
\.
CUTOFF LIGHT
(Prior code S 9.5-393)
476
9.56.040
9.56.040 Shielding of nonresidential lighting.
All lighting from nonresidential uses shall be located, screened or shielded so that adjacent residential lots are not di-
rectly i llurrlinated. (Prior code ~ 9.5-394)
9.56.050 Waterfront lighting.
All outdoor lighting within twenty-five (25) feet of any body of water shall be cutoff lights and shall not exceed a height
of eighteen (18) feet above grade. (Prior code ~ 9.5-395)
477
9.58.010
Sections:
9.58.010
9.58.020
9.58.030
9.58.040
9.58.050
9.58.060
9.58.070
9.58.080
9.58.090
9.58.100
Chapter 9.58
SIGNS
Purpose and intent.
Definitions.
Applica bility.
Prohibited signs.
Dangerous signs.
Signs not requiring a permit.
Signs requiring a permit and specific standards.
Regulations pertaining to the measurement, construction, and maintenance of all signs.
Criteria for variances.
Nonconforming signs.
9.58.010 Purpose and intent.
The purpose and intent of this chapter is to:
A. Facilitate the implementation of goals~ objectives and policies set forth in the comprehensive plan relating to sign
control. comlnunity character and scenic resources and protection of areas from incompatible uses~
B. PrOlnote and maintain convenience~ safety ~ property values and aesthetics by establishing a set of standards for the
erection~ placement~ use and maintenance of signs which will grant equal protection and fairness to all property owners in
Monroe County~
c. Provide a simple set of regulations which will minimize intricacies and facilitate efficiency of permitting functions
and thus assist the regulated public~
D. Encourage signs which help to visually organize the activities of the county~ and lend order and Ineaning to busi-
ness identification and make it easier for the public to locate and identify their destinations~
E. Regulate the size number and location of signs so that their purpose can be served without unduly interfering with
motorists and causing unsafe conditions~
F. PrOlnote the general welfare~ including enhancelnent of property values and scenic resources~ so as to create a Inore
attractive business clilnate and Inake Monroe County a more desirable place in which to visit~ trade~ work and live~
G. Be fair in that everyone receives equal and adequate exposure to the public and no one is allowed to visually dOlni-
nate his or her neighboc
H. Authorize the use of signs in cOlnmercial and industrial areas whic'h are:
I. Compatible with their surroundings~
2. Appropriate to the type of activity to which they pertain~
3. An expression of the identity of the individual proprietors and the community as a whole~
4. Large enough to sufficiently convey a message about the owners or occupants of a particular prelnise., the com-
modities~ products or devices available on such premise~ or the business activities conducted on such premise~ yet small
enough to prevent excessive~ overpowering advertising which would have a detrimental effect on the character and appear-
ance of comlnercial and industrial areas~ or which could unduly distract the motoring public~ causing unsafe motoring
conditions~ and
l. To limit signs in noncommercial areas to protect the character and appearance of noncommercial areas. (Prior code
~ 9.5 -40 1 )
9.58.020 Definitions.
For purposes of this chapter~ the terms and phrases listed below shall have the following tneanings:
Area of a sign. Refer to Section 9.58.080(A)~ measurement of sign area.
~~Banners~~ means any suspended sign made of any flexible material such as~ but not limited to cloth or paper whether or
not imprinted with words or characters.
478
9.58.020
"Billboard" means any sign which is required to be registered with the Florida DepartInent of Transportation pursuant to
F.S. Ch. 479 and exceeds the size limitations set forth in Section 9.58.070.
Business Frontage. See ""Frontage, business."
'''Change~able copy sign" means a sign specifically designed for the use of replaceable copy which does not involve re-
placement of the sign face itself or alteration of the sign structure.
"Clear sight triangle," as required in Section 9.60.070, means an itnaginary triangular-shaped area at any driveway con-
nection to a public street and at all street intersections in which nothing is allowed to be erected, placed, planted or allowed
to grow in such a manner as to litnit or obstruct the sight of motorists entering or leaving the intersection.
""Copy" ;means the text or graphic representations of a sign which depict, for example, the name of an establishlnent,
products~ st~rvices or other messages, whether in permanent or removable form.
'''Erect'' Ineans to build, construct, attach, hang, place, suspend, affix or paint a sign.
'''Facade'' means the face ofa building or structure that is most nearly parallel with the right-of-way line under considera-
tion, including related architectural elements such as awnings, parapets and mansard roofs but excluding signs attached to a
building which are not otherwise incorporated into such architectural elements.
"'Face of sign" means the planes of a sign on which copy could be placed, including triln and background.
'''Flag'' ITleanS a piece of lightweight, flexible Inaterial such as cloth or plastic with one side attached to a pole and the
other end flying freely.
Frontage. Business. ""Business frontage" means the horizontal linear distance measured along the facade of an individual
business.
Frontage, Property. "'Property frontage" means the distance measured along a public or private right-of-way or easement
including canals, shorelines and runways which affords vehicular access to the property between the points of intersection
of the side lot lines with such right-of-way or easement. Where a street or highway is divided as occurs on Key Largo, a
parcel of land in the median of the street or highway shall be considered to have a frontage on each side. All parcels which
abut U.S. 1 or County Road 905 shall be considered to have a frontage on such roads regardless of whether a curb cut exists.
""Ground-mounted sign" means any sign which is mounted on or supported by an upright or brace in or upon the ground,
such upright or brace being directly attached in or upon the ground and independent of any other structure. Signs affixed to
fences shall be considered ground-mounted signs.
""Illuminated sign" means any sign which is illuminated by artificial light, either from an interior or exterior source, in-
cluding outline, reflective or phosphorescent light, whether or not the source of light is directly affixed as part of the sign.
""Interior property information sign" means signs located entirely on the property to which the sign pertains, are not read-
ily visible from public rights-of-way, and which are intended to provide information to people on the property. Examples
include but are not limited to "pool closed," ""no walking on grass," ....pay ramp fee at the office" and ""no fishing."
""Licensed sign contractor" means any person holding a valid certificate of competency in sign erection issued by Monroe
County .
"'Off-prelnise sign" means any sign located on premises other than those on which the business or organization uses
products, goods or services which the sign advertises are available.
""Pennant" means a series of small flag-like pieces of cloth or similar type of material attached and strung between two or
more points..
""Plane" rneans any surface such as a rectangle, square, triangle, circle or sphere which is capable of carrying itelns of
information:, any area enclosed by an imaginary line describing a rectangle, square, triangle or circle which includes free-
standing letters, numbers or symbols.
""Portable' sign" means any sign or sign structure that is not permanently attached to the ground or to any other permanent
structure or 'Nhich is specifically designed to be transported. This definition shall include but not be limited to trailer signs,
A-frame signs, sandwich signs and vehicles whose primary purpose is advertising.
""Posted property sign" means a sign such as, but not limited to the following, which indicates "'no trespassing," '''beware
of dog," ""no dumping," or other similar warnings. Florida Statutes may establish requirements for these signs.
""Premises" means any parcel of land owned, leased or controlled by the person or persons actively engaged in business
and so connt~cted with the business as to form a contiguous component or integral part ofit~ or owned, leased or controlled
by a person or persons for living accommodations.
""Promotional signs" means temporary signs posted by nonprofit organizations or organizations holding a valid county
public asserrlbly pennit to advertise a special event such as a bazaar, dance, art show, craft show, or similar type of event.
479
9.58.030
~~Sign~~ means any object~ device~ display or structure~ or part thereof~ situated outdoors or indoors which is used to
advertise~ identify ~ display ~ direct or attract attention to an object~ person~ institution~ organization~ business~ product service
event or location and by any llleans~ including words~ letters~ figures~ designs~ sYlllbols~ fixtures~ colors or projected ilnages.
Signs do not include:
I. The flag or emblem of any nation or organization of nations~ state~ city~ or fraternal~ religious or civic organiza-
tions~
2. Merchandise which is not otherwise incorporated into a sign structure~
3. Models or products incorporated in a window display~
4. Works of art which do not contain advertising messages and in no way identify a product~ use or service~ or
5. Scoreboards located on athletic fields.
~~Sign structure~~ Illeans any structure which supports~ has supported or is capable of supporting a sign~ including decora-
tive cover.
~~Wall-mounted sign'~ Ineans any sign mounted on or painted on and parallel to the facade or wall of a building.
~~Window sign~~ means any sign mounted to or painted on~ or visible through a window for display to the public. (Prior
code ~ 9.5-402)
9.58.030 Applicability.
A. Type of Activities Affected. This chapter shall apply to any person who erects~ constructs~ enlarges, Illoves~
changes the copy of, modifies, or converts any signs, or causes the sallle to be done. If a type of sign is not specifically al-
lowed under this chapter, it shall be considered to be prohibited. The procedure for variances is set forth in Section
9.58.090. The procedure for amendments to the text of this title is set forth in Chapter 9.84.
B. Type of Activities Not Affected. The following activities shall not be subject to the regulation under this chapter.
However, such activities shall nevertheless comply with the county building code and other applicable regulations of the
county, state and federal governments.
I. Required signs: any sign erected by or at the direction of the federal, state~ or county governlnent. Such signs shall
not reduce the authorized size or number of signs otherwise allowed by this chapter. All signs allowed pursuant to this sec-
tion shall be the minilllum necessary to comply with the applicable law~
2. Changeable copy: changing of the advertising copy or message of a lawfully existing changeable copy sign,
whether manual or automatic~
3. Changing the copy of a lawfully existing billboard (refer to definition of billboards in Section 9 .02.040)~
4. Works of art which do not contain advertising messages, and which in no way identify a product~ use, or service~
5. Maintenance of lawfully existing signs and sign structures which does not involve change of copy, modification,
enlargement, reconstruction, relocation or additions to any sign or sign structure. Replacement of the damaged or deterio-
rated plastic face of a sign shall be considered maintenance provided that the copy is not changed. The necessity to obtain a
building permit for such work shall be governed by Title 6 of the Monroe County Code~
6. The erection of comlnunity interest signs in the right-of-way ofU .S. 1 as are otherwise allowable pursuant to state
or federal law. Examples of community interest signs shall include but not be lilnited to~ ~'W elcome to the Florida Keys~"
~~Thank You for Visiting the Florida Keys,'~ and signs which identify recognized communities or municipalities~
7. Interior property infonnation signs defined. (Prior code S 9.5-403(a))
9.58.040 Prohibited signs.
The following types of signs, lights~ advertising devices or activities are prohibited:
A. Off-premise signs~ except as specifically allowed in this chapter~
B. Those that may be confused with any traffic-control device~ official traffic-control signs, or emergency vehicle
markings which makes use of words such as but not lilnited to '~stop," ~'look," ~'drive-in," "danger," or any other word,
phrase, symbol or character in such a manner as to interfere with, mislead or confuse vehicular traffic~
C. Those erected in a clear sight triangle~ or at any location where~ by reason of the position~ shape or color~ they may
interfere with or obstruct the view of any authorized traffic sign~ signal or device~
D. Abandoned signs which no longer correctly direct or exhort any person~ or advertise a bona fide business, lessor,
owner, product or activity conducted or available on the premises indicated on such sign~
480
9.58.050
E. Anilnated signs., of which all or part of the sign physically revolves or moves in any fashion whatsoever., or which
contains or uses for illustration any light., lights or lighting device which changes color., flashes or alternates., shows motion
or Inovelnent., or changes the appearance of such sign. The operations of electronic message centers and autolnatic changing
signs shall be governed by Section 9.58.080(0);
F. Signs which emit smoke., vapor., particles., odor or sounds;
G. Motion picture source used in such a manner as to pennit or allow the iInages or audio to be visible or audible from
any public street or sidewalk;
H. Parking of Advertising Vehicles. No person shall park any vehicle., trailer., floating device., barge., raft., personal wa-
ter craft., or boat., whether licensed or unlicensed., on a public right-of-way., public beach., public property or on private prop-
erty so as to be clearly visible froln a public right-of-way., which has attached thereto or located thereon any sign for the
primary purpose of providing advertiselnent of products conveying Inessages or directing people to a business or activity
located on the same or nearby property or any other premises. This restriction is not intended to prohibit a sign on or at-
tached to a functional., licensed vehicle in a manner to primarily identify the vehicle with the business it serves;
I. POItable signs., except for political calnpaign signs displayed for a limited duration;
J. Pro~ecting signs: any sign which is affixed to any wall or structure and extends more than twenty- four (24) inches
perpendicularly from the plane of the building wall;
K. Roof signs: any sign attached to a building and projecting above the facade of such building., or any sign mounted
on top of a tlat roof or on top of any horizontal awning;
L. Signs which cause radio or television or other communication., electrical., magnetic interference;
M. Signs erected., constructed or maintained that obstruct any fire-fighting equipment., window., door or opening used
as a means of ingress or egress or for fire-fighting purposes;
N. Signs., except posted property signs., which are erected or maintained upon trees or painted or drawn upon rocks or
other natural features or tacked., nailed or attached in any way to utility poles;
O. Signs on public property or road rights-of-way including but not lilnited to signs placed on any curb., sidewalk., post.,
pole., hydrant., bridge., tree or other surface located on public property or over or across any public or private street except as
may otherwise expressly be authorized by this chapter;
P. Unshielded illuminated devices that produce glare or are a hazard or a nuisance to motorists or occupants of adja-
cent properties., or signs containing mirrors;
Q. Pennants. (Prior code S 9.5-403(b))
9.58.050 Dangerous signs.
No person shall allow any sign which is in a dangerous or defective condition to be maintained on any premises owned
or controlled by such person. Any such sign shall be removed or repaired by the owner of the sign or the owner of the prem-
ises., or as otherwise provided for in this chapter. (Prior code ~ 9.5-403(c))
9.58.060 Signs not requiring a permit.
The following shall not require a permit but still are subject to Section 9.58.080:
A. Banners, provided they do not exceed thirty two (32) square feet per face and there is only one per business front-
age., and they are displayed temporarily for a period of not more than sixty (60) consecutive days., nor more than sixty 60
total days in anyone year. Banners exceeding thirty-two (32) square feet in area shall be required to obtain a permit pursu-
ant to Section 9.58.070;
B. Business affiliation and law enforcement signs: signs displayed upon the prelnises denoting professional and trade
associations with which the occupant is affiliated., and including but not limited to forms of payment accepted by the occu-
pant., and other signs pertaining to public safety and law enforcement, provided the total of such signs does not exceed four
square feet;
C. Business infonnation signs: signs providing information to customers such as business hours., telephone number,
~~open"" or ~~closed.,'" "shirts and shoes required.,"" "no soliciting.," and "no loitering'" provided that such signs are posted on or
near the entrance doors and the total of such signs does not exceed six square feet;
O. COlllmemorative plaques: signs of recognized historical nature provided no plaque exceeds sixteen (16) square feet
per face~
481
9.58.060
E. Construction signs: signs erected at a building site that identify the name of the project~ owner~ architect~ engineer~
general contractor~ financial institution., or other persons and finns perfonning services~ labor or supply of Inaterials to the
premises~ provided the signs are not installed until a building permit is issued and are relnoved within thirty (30) days of the
issuance of the certificate of occupancy and are further litnited as follows:
1. Signs for individual tradesmen or professionals shall be limited to four square feet in area per face per tradeslnan or
professional., and
2. Signs for more than one tradesman or professional shall be limited to a total of thirty-two (32) square feet in area
per face and eight feet in height~
F. Directional signs: signs located entirely on the property to which the sign pertains and which are intended to pro-
vide direction to pedestrians or vehicular traffic and/or to control parking on private property. Examples: "~entrance~"" ....exit~~
"~one-way~"" "~pedestrian walk~"" "~handicapped parking.,"" etc~ provided such signs do not exceed six square feet per sign tace~
G. Flags: each business frontage shall be allowed to display two flags containing any graphic., symbol., logo or other
advertising message provided that no such flag shall exceed fifty (50) square feet in size. There shall be no number or size
limit on the display of the flag of any nation., organization of nations., state., city., or fraternal., religious., or civic organiza-
tions~
H. Garage sale signs: signs for garage sales provided they are erected not more than (24) hours prior to the sale and are
relnoved within seventy-two (72) hours of the time they were erected and they do not exceed four square feet per face~
I. Holiday decorations: decorations which are clearly incidental to and commonly associated with any national., local
or religious holiday~ provided that such signs shall be displayed for a period of not more than sixty (60) consecutive days
nor more than sixty (60) days in anyone year. Such signs Inay be of any type., nUlnber., area., height., illumination or anilna-
tion., provided that they do not interfere with public safety~
J. Memorial signs or tablets: signs including but not limited to names of buildings and date of erection when cut into
any masonry surface or when constructed of bronze or other noncombustible materials provided the total of such signs does
not exceed eight square feet~
K. Nameplates: signs bearing only property numbers~ street addresses., mailbox nUlnbers~ estate names., the occupation
of the occupant or nalnes of occupants of the prelnises provided the signs do not exceed two square feet per sign face~
L. Posted property signs: signs such as., but not lilnited to the following., which indicate ....no trespassing.,"" ~~beware of
dog~"~ ....no dumping~"" or silnilar warnings., provided they individually do not exceed one and one-half square feet in area per
sign and not exceeding four in number per lot., or of such number., spacing~ and size as is required per Florida Statutes. Such
signs shall not be illulninated nor shall they project over any public right-of-way~
M. Warning signs: signs informing the public of the existence of danger., but containing no advertising material~ pro-
vided the sign does not exceed the minimum necessary to inform the public and are removed upon subsidence of danger~
N. Window signs: window signs which collectively cover thirty-five (35) percent or less of the window glass surface
area. Note: above-mentioned business information and business affiliation signs shall be excluded from the computation of
the window sign area~
O. New business signs: once an application for a permanent sign is submitted to the county~ a new business., or a busi-
ness in a new location may erect a temporary sign without a permit for a period not exceeding one hundred twenty ( 120)
days from the date of application for a permanent sign provided that:
1. There is only one ground-mounted or wall-mounted sign~
2. The total sign area does not exceed thirty-two (32) square feet~
3. The sign~ if ground-mounted., does not exceed eight feet in height., and
4. The temporary sign shall be removed upon the installation of the permanent sign~
P. Political signs: political signs are signs on behalf of candidates for public office or measures on election ballots and
shall be allowed as follows:
1. Political signs Inay be erected no earlier than seventy (70) days prior to such section and shall be removed within
fourteen ( 14) days following such election. Failure to meet these conditions shall constitute the basis for sign removal by the
county or its designee~
2. In areas zoned residential or of low intensity CD., CFV., IS., MN~ NA., OS., PR., SS., SR~ SR-L., UR~ URM., and URM-
L political signs shall not exceed sixteen (] 6) square feet per face or eight feet in height and shall not be illuminated.,
3. In areas zoned commercial (AD., CFA~ CFSD~ DR., t MF~ MI., MU~ RV., SC~ and DC) political signs shall not ex-
ceed thirty-two (32) square feet per face in area or eight feet in height
482
9.58.070
Q. Promotional Signs. See Section 9.58.070(A)(2)~
R. Real Estate Signs. See Section 9.58.070(A)(3). (Prior code ~ 9.5-403(d))
9.58.070 Signs requiring a permit and specific standards.
Upon application for, and issuance of a building permit, except as indicated., the following signs shall be allowed. In or-
der for a sign application to be approved, the applicant must grant access to the property for inspection purposes., for the life
of the sign.
A. Special Signs.
I. Promotional Signs. Promotional signs are temporary signs posted either by nonprofit organizations or by any or-
ganization conducting a temporary event pursuant to a public assembly permit to advertise a special event such as a bazaar.,
dance., art show, craft show, or silnilar type of event.
a. Prolnotional Signs Not Exceeding Thirty-Two (32) Square Feet. Promotional signs not exceeding thirty-two (32)
square feet per face shall not require a permit provided that such signs are:
i. Not illuminated~
II. Not located in a clear sight triangle~
Ill. Linlited to two promotional signs on the premises of the event~
IV. Posted no earlier than fifteen (15) days before the event and are removed within five days after the event~ and
v. Linlited to two off-premise promotional signs erected no more than twenty-four (24) hours prior to the event and
removed no later than twenty-four (24) hours after the conclusion of the event provided that permission of the property
owner is granted.
b. Promotional Signs Exceeding Thirty-Two (32) Square Feet. Promotional signs exceeding thirty-two (32) square
feet in area per face shall be allowed in any zoning district by issuance of a single building permit provided that the prOlno-
tional signs:
i. Are~ erected no earlier than thirty (30) days prior to a proposed event and are removed within five days after such
event
II. Do not exceed one hundred twenty-eight ( 128) square feet~ and
III. Are' located on the premises of the event.
2. Real Estate Signs. Signs used solely for the purpose of offering for sale, lease, or rent the property upon which the
sign is placed and which include but are not limited to ""open house," ""open for inspection'" and ."Inodel home." Such signs
are allowed only while a property is for sale, lease or rent and as follows:
a. Real Estate Signs Not Exceeding Six Square Feet. One real estate sign not exceeding six square feet per face in-
cluding riders, per property shall not require a permit provided the sign is:
i. Not illuminated~ and
II. Ground-mounted signs shall not exceed eight feet in height.
b. Real Estate Signs Exceeding Six Square Feet. Real estate signs exceeding six square feet per face shall require a
permit and shall be subject to the following restrictions:
i. Multiple-family structures, nonresidential buildings and vacant land shall be allowed one nonilluminated wall- or
ground-mounted sign not exceeding thirty-two (32) square feet in area shall be allowed on each street frontage. Ground
mounted signs shall not exceed eight feet in height.
ii. Property ofTen Acres or More. Any property often (10) acres or more in size, regardless of the lilnitations set forth
in subdivision (2)(b )(i) of this subsection., shall be allowed nonilluminated ground-mounted or wall-mounted signs as fol-
lows:
One sign not exceeding thirty-two (32) square feet may be erected for every four hundred (400) linear feet of frontage on
any one strel~t. Ground-mounted signs shall not exceed eight feet in height.
3. Hospitals or Other Emergency Facilities. In addition to any other signage allowed under this chapter, hospitals or
other emerg,ency medical facilities, excluding individual medical offices, shall be allowed one additional illulninated
ground- or ~/al1-1nounted sign not to exceed thirty-two (32) square feet per face to identify each emergency entrance.
4. Bench Signs. Bench signs shall be allowed, upon approval of the county engineer and the building official, at any
designated bus stops subject to the following limitations:
a. Benches in residential areas shall not have signs, except a bench donor sign containing the donor's logo or symbol,
not exceeding two inches by sixteen (16) inches in size~
483
9.58.070
b. Benches in cOlnmercial areas shall be allowed to have signs on the back rest not to exceed a total of six square feet~
and
c. Bench signs shall be lilnited to one per designated bus stop.
B. Signs in Residential Areas and Areas of Low Intensity. Signs in residential areas and areas of low intensity (CD~
CFY~ IS~ MN~ NA~ OS~ PR~ SS~ SR~ SR-L~ UR~ URM~ URM-L) shall be restricted as follows:
I. COlnmercial and other nonresidential uses within the land use districts~ CD~ CFY ~ IS~ MN~ NA~ OS~ PR~ SS~ SR.
SR-L~ UR~ URM and URM-L~ which are adjacent to U.S. I shall be regulated pursuant to subsection C of this section.
Unless otherwise provided for in this chapter~ all other commercial and nonresidential uses in these land use districts shall
be allowed one ground-mounted sign and wall-mounted signage which shall be limited as follows:
a. The ground-mounted sign shall be limited to thirty-two (32) square feet in area per face and eight feet in height~ and
b. Wall-mounted signage shall be lilnited to a total of thirty-two (32) square feet.
2. Residential Subdivision or Condolninium Sign.
a. One permanent~ wall- or ground-Inounted sign~ for identification purposes only~ giving only the name of the subdi-
vision~ or residential developlnent~ lnay be granted a permit at each main entrance into such subdivision or developlnent
from each abutting street.
b. Limitations:
i. The subdivision or development shall have a hOlneowner~s association or similar entity which will be responsible
for permits and maintenance of the signs~
ii. The face of each sign shall not exceed thirty-two (32) square feet~
Ill. The maximum pennitted height shall be eight feet~ and
iv. The sign may incorporate~ or be incorporated into~ accessory entrance structural features such as a project wall or
landscaping.
3. Institutional Uses and Private Parks. Institutional uses~ private parks and similar uses shall be allowed one ground-
Inounted sign and wall-lnounted signage which shall be limited as follows:
a. The ground-mounted sign shall be limited to thirty-two (32) square feet in area per face (a maximum of sixty-four
(64) square feet for all faces) and eight feet in height~
b. Wall-mounted signage shall be lilnited to a total of thirty-two (32) square feet~ and
c. An additional sixteen (16) square feet in area per face may be added to the ground-mounted sign for the exclusive
use of a changeable copy sign.
4. Electronic message centers and automatic changing signs shall be prohibited in residential areas and areas of low
intensity.
C. Signs in Commercial Areas. Sign allowances in commercial areas (AD~ CF A~ CFSD~DR~ I~ MF~ ML MU~ RV~ SC~
U C) shall be calculated based on the amount of property frontage and business frontage as follows:
I. Ground-Mounted Signs. Every nonresidential developed parcel of land shall be allowed the following ground-
mounted signage.
a. One illuminated~ ground-mounted sign of a height not lnore than twenty-four (24) feet shall be allowed for each
frontage as indicated in the following table:
Permitted Size of Nonresidential Signs Per Property Frontage
Frontage on U.S. 1 or a Frontage Road Adjacent to U.S. 1
Street Frontage (Linear feet) Maximum Area Per Face Total Face Area
l'to 150' 75 sq. ft. 150 sq. ft
150' to 300' 100 sq. ft. 200 sq. ft.
Over 300' 200 sq. ft. 400 sq. ft.
Frontage on County Roads, Shorelines or Runways
Street Fronta e (Linear feet)
l'to 150'
Maximum Area Per Face
40 s . ft.
Total Face Area
80 s . ft
484
9.58.070
E
150' to 300'
Over 300'
60 s . ft.
80 sq. ft.
120 s . ft.
160 sq. ft.
b. Comer Lots. Parcels which are on a comer of two public streets shall be allowed either:
1. One ground-mounted sign for each property frontage~ or
ii. One ground-Inounted sign with exposure to both streets with up one and one-halftimes the maximuln amount of
area allowed on anyone property frontage.
c. Where a street or highway is divided as occurs on Key Largo., which results in a parcel of land in the Inedian of the
street or highway then the property shall be considered to have a frontage on each side.
d. Service stations., convenience stores., marinas., or other facilities dispensing fuel to the public shall be allowed to add
to each authorized ground-mounted sign., an additional forty (40) square feet or twenty (20) square feet per face of signage
for the exclusive use of a changeable copy sign for posting fuel prices.
e. A school., church., day-care center or other sitnilar use shall be allowed to add an additional sixty-four (64) square
feet or thirty-two (32) square feet per face of signage to the ground-Inounted or wall mounted sign for the exclusive use of a
changeable copy sign.
f. Individual charter boats shall be allowed a ground-Inounted sign at the charter boaCs dock slip provided the sign
does not exceed a total of thirty-two (32) square feet and there is no more than one fish replica. Signs allowed under this
provision shall be exempt from shoreline setback requirements.
g. Drive-through or carry-out services shall be allowed a ground-mounted sign which carries only the name of the
establishlnent and the current list and price of goods or services available in the establishment and is not intended to be
viewed frolll any right-of-way and provided that the sign is limited to a maximum of forty (40) square feet.
2. Wall Mounted Signs.
a. Signs painted or attached to the surface of awnings., parapets., mansards and similar roof and building elements shall
be considered wall-mounted signs for purposes of determining compliance with the requirements of this chapter.
b. Wall-mounted signs shall not extend above the facade of a building or project outward more than twenty-four (24)
inches froln the facade or wall to which it is attached.
c. Each individual business frontage shall be allowed wall-mounted signage equal in area to two square feet times the
length of the individual business frontage.
d. A nonresidential building located on a comer of two public streets shall be allowed wall-mounted signage on the
wall not considered to be the front (i.e.., a side street) equal in area to one square foot times the length of such wall.
e. Tht~ side of a cOlnmercial building not on a comer of two public streets shall be allowed wall-mounted signage on
the side walls equal in area to one-half square foot times the length of the side of the building.
f. If the rear of a nonresidential building faces a public street or public parking lot., a wall-mounted sign up to a
maximum of eight square feet shall be allowed per individual business.
g. On a multistory nonresidential building., wall-mounted signage shall be permitted for each additional floor as out-
lined in subsection (C)(2)( c) of th is section.
h. The'aters., museums, auditoriums and fairgrounds and similar uses providing regular shows shall be permitted an
additional fifty (50) square feet of a changeable copy wall-Inounted sign. Along the wall adjacent to the ticket windows., a
theater may display., without requiring a sign permit., one poster up to twelve (12) square feet for each movie being shown.
i. Drive-through or carry-out services shall be allowed one wall mounted sign which carries only the nalne of the es-
tablishment and the current list and price of goods or services available in the establishment and is not intended to be
viewed frOITl any right-of-way and provided that the sign is limited to a maximum of forty (40) square feet.
3. Canopy Signs. One sign per business entrance shall be allowed to be erected underneath., and extending downward
from., a canopy along the front of a building., provided:
a. The sign does not exceed eight square feet per face~
b. The sign is permanently attached and does not swing~
c. The sign is perpendicular to the facade of the building~ and
d. The sign is located above a walkway.
D. Oft:.Premises Advertising. Any nonresidential., developed property shall be allowed to dedicate any of the wall- or
ground-mounted signage allowable pursuant to subsection (C)( I) and (2) of this section for the purpose of advertising estab-
lishments which are not readily visible froln U.S. ] but which access U.S. ] by an intersecting side street. Such off-premise
485
9.58.080
signage shall be limited to one sign face per direction on U.S. I and spaced no more than one-halfInile from the intersecting
side street in either direction. Off-prelnise advertising is also subject to regulation pursuant to F .S. Ch. 479. (Prior code
~ 9.5-404)
9.58.080 Regulations pertaining to the measurement, construction, and maintenance of all signs.
The requirements of this section shall apply to all signs whether or not a permit is required unless otherwise noted below.
A. Measurement of Sign Area.
I. The sign area shall be Ineasured from the outside edges of the sign or sign fraIne, whichever is greater, excluding
the area of the supporting structures provided that the supporting structures are not used for advertising purposes and are of
an area equal to or less than the permitted sign area. In the case ofwall-Inounted signs without border or frame, the surface
area shall include such reasonable and proportionate space as would be required if a border or frame were used.
2. When a single sign structure is used to support two or more signs, signs or unconnected elements of a single sign,
the surface area shall comprise the square footage within the perilneter of a regular geolnetric fonn enclosing the outer
edges of all the separate signs or sign elelnents. However, undecorated space of up to twelve (12) inches between separate
sign panels may be excluded from the sign area lneasurelnent where necessary to provide structural support melnbers or to
provide visual separation between sign panels.
3. Where signs are installed back-to-back, both faces shall be counted as sign area.
B. Measurement of Sign Height. The height of a sign shall be considered to be the vertical distance measured froIn the
top of the structure to the finished ground elevation of the site at the base of the sign. In no event shall excess fill be used to
raise a sign.
C. Location of Signs.
I. Clear Sight Triangle. No sign shall be erected which would impair visibility at a street intersection or driveway
entrance pursuant to Section 9.60.070.
2. Clearance From High-Voltage Power Lines. Signs shall be located in such a way that they maintain a clearance of
ten (10) feet to all overhead electrical conductors and a three-foot clearance on all secondary voltage service drops.
3. Setbacks From Property Lines. The minimum setback for signs shall be five feet., setbacks shall be measured from
the property line to the furthest extension of the sign, including any overhangs, guy wires and supports.
4. Scenic Corridor Bufferyard. Where a scenic corridor bufferyard is required pursuant to Section 9.54.020., ground
mounted signs shall only be erected in the immediate vicinity of a driveway.
5. Fences. The authorized ground-mounted sign or signs not requiring a pennit may be placed on a fence regardless of
setbacks provided the sign does not extend above the fence or project Inore than four inches outward from the fence.
D. Construction and Operation of Signs. All signs shall comply with the following requirements unless no permit is
required.
I. COlnpliance with Standard Building Code. All signs shall comply with the appropriate detailed provisions of the
Standard Building Code., relating to design, structural members and connections. Signs shall also comply with the additional
standards hereinafter set forth.
2. Licensed Contractor. Signs shall only be erected by entities authorized by Title 6 of the Monroe County Code.
3. Structure Design. All signs that contain more than forty (40) square feet in area or are erected over twenty (20) feet
in height shall be designed by an engineer registered in the state of Florida. Structural drawings shall be prepared by the
engineer and submitted prior to a permit being issued. Wind load calculations shall be contained in the engineering draw-
ings. The building official may set wind load requirements greater than the Standard Building Code if deemed necessary to
protect the health., safety and welfare of the public or property owners surrounding the sign. The building official may re-
quest wind load calculations for signs of less than forty (40) square feet in area prior to issuing a permit.
4. Electric Signs and IlIulninated Signs.
a. All electric signs shall require a permit and shall be Underwriter's Laboratory approved or certified by a sign elec-
trician specialty contractor or Inaster sign contractor., or an electrical contractor., that the sign meets the standards established
by the National Electrical Code, current edition. All electric signs shall be erected and installed by an entity authorized to do
so by Title 6 of the Monroe County Code., and shall be in conformance with the National Electrical Code, current edition.
The provision of electrical power to a power source or connection of a sign to existing electrical service shall be by an entity
authorized by Title 6 of the Monroe County Code.
486
9.58.090
b. Artificial light used to illuminate any sign from outside the boundaries of such sign shall be screened in a manner
which prevents the light source from being visible from any right-of-way or adjacent property.
c. Electronic message centers or autolnatic changing signs (ACS) shall comply with the following:
I. Lalnps/bulbs in excess of nine watts are prohibited in the ACS matrix.
11. ACIS lamps/bulbs shall be covered by lenses, filters, or sunscreens.
Ill. AC'S signs shall be equipped with an operational night dilnming device.
iv. Other than the scrolling of written messages or graphics and such physicallnovement of components as is neces-
sary to effect autolnatic copy changes, all operating modes which result in animation as defined in Section 9.58.040 are pro-
hibited.
v. Supports and Braces. Supports and braces shall be adequate for wind loading. Wire or cable supports shall have a
safety factor of four times the required strength. All metal, wire cable supports and braces and all bolts used to attach signs
to a bracket or brackets and signs to the supporting building or structure shall be of galvanized steel or of an equivalent cor-
rosive-resistant material. All such sign supports shall be an integral part of the sign.
vi. Sign Anchoring. No sign shall be suspended by chains or other devices that will allow the sign to swing due to
wind action. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting melnbers or
connections.
vii. Double Faced Signs. Double-faced signs with opposing faces having an interior angle greater than forty-five (45)
degrees shall not be permitted.
E. Sign Identification and Marking. Unless specifically exempted from perlnit requirements of this chapter, no sign
shall hereafter be erected, displayed, rebuilt, repaired, the copy changed, painted or otherwise maintained until and unless
the county sign permit number is painted or otherwise affixed to the sign or sign structure in such a manner as to be plainly
visible froln grade.
F. Maintenance. All signs for which a permit is required by this chapter, including their braces., supports, guys and
anchors, shall be maintained so as to present a neat, clean appearance. Painted areas and sign surfaces shall be kept in good
condition, and illumination., if provided, shall be maintained in safe and good working order.
G. Responsibility. The sign owner., the owner of the property on which the sign is placed and the sign contractor shall
each be held responsible for adherence to the sign code. (Prior code ~ 9.5-405)
9.58.090 Criteria for variances.
A variance from the provision or requirements of this chapter shall be granted only where:
A. The' literal interpretation and strict application of the provision and requirements of this chapter would cause undue
and unnecessary hardship to the sign owner because of unique or unusual conditions pertaining to the specific building or
parce I or property in question.
B. The granting of the requested variance would not be materially detrimental to the property owners in the vicinity.
C. The unusual conditions applying to the specific property do not apply generally to other properties in the county.
D. The granting of the variance will not be contrary to the general objective of this chapter of moderating the size,
number and obtrusive placement of signs and the reduction of clutter.
E. The variance is not requested on the basis of econolnic hardship of the sign user. (Prior code S 9.5-406)
9.58.100 Nonconforming signs.
Lawfully established signs in place on the effective date of this title which are not in compliance with this chapter may
continue only as follows:
A. For ground-mounted signs., changes of copy., including type style and color changes., may be performed provided
that a permit is obtained and provided that the name of the businesses or establishments depicted by the sign are not
changed. Changes of copy involving the name of the businesses or establishments depicted by the sign shall only be per-
formed if the sign is brought into compliance with the requirements of this chapter.
B. No permit shall be issued for repair or reconstruction of any sign structure where such work would be more than
fifty (50) percent of the replacement cost of the sign. Neither shall the cumulative costs of repair or reconstruction exceed
fifty (50) percent of the replacement cost of any nonconforming sign. The planning department shall maintain an independ-
ently verified schedule of the replacement cost of signs.
487
9.58.100
C. With the exception oflo"roof signs~~~ ""off-premise signs" and ""projecting signs," signs which are in violation ofSec-
tion 9.58.040 shall be relTIoved or brought into compliance by (date thirty (30) days after the adoption of this alnendlnent).
D. Detenninations of nonconforming signs shall be Inade such that ground-lnounted signs are treated separately froln
wall-1TIounted and all other signage. For exalnple, where both the ground-mounted and wall-lnounted signs of a particular
parcel are nonconfonning~ the change of copy ofa wall-1110unted sign shall not require that the ground-mounted signage be
brought into compliance. However, where a sign other than a ground-lnounted sign is required to be brought into cOlnpli-
ance~ all of the signs of an establishment other than the ground-mounted signs shall be brought into full compliance with
this chapter.
E. Signs which cannot cOITIply with the requirements of this chapter Inay be allowed to continue if designated as a
historical or culturallandlnark pursuant to Chapters 9.68 and 9.70. The specific conditions under which a designated sign is
allowed to continue shall be set forth in the resolution of the board of county comlnissioners. (Prior code ~ 9.5-407)
488
9.60.0] 0
Chapter 9.60
ACCESS STANDARDS
Sections:
9.60.010
9.60.020
9.60.030
9.60.040
9.60.050
9.60.060
9.60.070
Major road access.
Parallel access.
Access within two hundred fifty feet of bridges prohibited.
Temporary access.
Nonconforming access.
Traffic study.
Clear sight triangles.
9.60.010 Major road access.
No structure or land shall be developed., used or occupied unless direct access to U.S. ] or County Road 905 is by way of
a curb cut that is spaced at least four hundred (400) feet from any other curb cut that meets the access standards of the Flor-
ida DepartlTlent of Transportation or an existing street on the same side of U.S. 1 or County Road 905. (Prior code ~ 9.5-
421 )
9.60.020 Parallel access.
Lots that cannot meet the major road access standard in Section 9.60.0 I 0 shall take access from platted side streets.,
parallel streets or frontage roads. Such access shall be acquired by installing a parallel street or frontage road., through com-
bined parking lots or by combining lots by sharing drives., or the provision of easements of access. However., if any perma-
nent access its constructed pursuant to an agreement entered into under this section and such construction would otherwise
render the structure(s) located on the subject lot(s) nonconforming under any other section of this title., then such structure(s)
shall be considered conforming under those other section(s) regardless of the terms thereof.
PARALLEL ACCESS
PARALLEL 'STR.EE-T
MA':-O ~ 11.,Q.el?
.~ I D+.nl(:''t''.a:.e1IIto PtW"'&~II' . ~ i-
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(Prior code s; 9.5-422)
489
9.60.030
9.60.030 Access within two hundred fifty feet of bridges prohibited.
No developluent shall be permitted that has access to U.S. 1 by way of a curb cut that is located within two hundred fifty
(250) feet of a U.S. 1 bridge abutment. (Prior code ~ 9.5-423)
9.60.040 Temporary access.
No applicant shall be denied development approval for the sole reason that the lot cannot meet the requirements ofSec-
tion 9.60.010 or 9.60.020. To provide access~ the director of planning shall issue a temporary access pertnit provided that
the landowner's site plan provides for the eventual connection to a parallel access on an adjoining property~ and that the
owners agree~ with suitable legal documents~ to close the telnporary access when connection to adjoining properties is feasi-
ble. (Prior code ~ 9.5-424)
9.60.050 Nonconforming access.
No use fronting on U.s. 1 or County Road 905 shall receive a permit for a change ofuse~ expansion or reconstruction
unless it is brought into conformance with this chapter by provision of combined drives or parallel access. (Prior code ~ 9.5-
425)
9.60.060 Traffic study.
In addition to the application requirements of Appendix B~ attached to the ordinance codified in this chapter~ traffic stud-
ies by a qualified traffic engineer who is a licensed engineer in the state of Florida shall be required for the following devel-
opments:
A. Any development generating from two hundred fifty (250) to five hundred (500) trips per day shall submit a report
from a traffic engineer indicating that the configuration of the access to U.S. 1 or County Road 905 will maintain a safe traf-
fic tlow~ or provide a design for a new configuration to be constructed by the developer.
B. In addition to the requirements of subsection A of this section~ any developlnent generating more than five hundred
(500) trips per day shall conduct a study of traffic flows within one mile of their access to u.s. 1 or County Road 905. The
study shall make recolnmendations regarding improvements required to maintain an annual average of level of service 0
within that distance and on all bridges within six miles. (Prior code S 9.5-426)
9.60.070 Clear sight triangles.
All entrance drives and street intersections shall provide clear sight triangles in both directions as follows and as more
fully set forth in the graphic on the page following this section.
A. Drives With Bufferyard.
Type of Street Distance in Feet A * Distance in Feet B**
U.S. 1 30 250
Arterial s 25 200
Local streets 20 150
B. Streets With Bufferyard or Natural Area.
Type of Street Distance in Feet A * Distance in Feet 8**
U.S. 1 30 300
Arterials 25 250
Local streets 20 150
C. Streets With No Bufferyard or Natural Area.
Ty e of Street
U.S. 1
Distance in Feet A *
35
Distance in Feet B**
300
490
9.60.070
Type of Street Distance in Feet A * Distance in Feet B**
Arterials 30 250
Local streets 20 150
A is the distance fron1 the edge of pavement of the street to the point on the drive at which clear sight distance is required.
** B is the distance measured along the center line of the street from the centerline of the entrance to the point where an oncoming vehicle must be visi-
ble.
CLEAR SIGHT TR1ANGLE
6
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(Prior code i~ 9.5-427)
491
9.62.010
Chapter 9.62
RESOURCE EXTRACTION
Sections:
9.62.010
9.62.020
9.62.030
Compliance required.
Resource extraction standards.
Restoration standards.
9.62.010 Compliance required.
All resource extraction activities in the county shall cOlnply with the provision of this chapter in order to ensure that such
activities do not adversely affect long-term ecological values in the county and that abandoned extraction sites will be re-
stored. (Prior code ~ 9.5-43 1 )
9.62.020 Resource extraction standards.
All resource extraction activities shall:
A. Be designed so that no area of excavation, storage area for equipment or machinery or other structure or facility is
closer than:
I. Two hundred (200) feet to any property line, and
2. Five hundred (500) feet to any residential nonresource extraction related comlnercial use in existence on the date
the permit is issued~
B. Be located on a parcel of at least twenty (20) acres~
C. Be fenced or blocked so as to prevent unauthorized entry into the resource extraction operation through access
roads ~
D. Will not involve excavation below sixty (60) feet~
E. Will not cause the introduction of saline aquifer waters into fresh water aquifers~
F. Will involve restoration of disturbed areas at the completion of the resource extraction operation in accordance with
Section 9.62.030, and the implementation of the restoration plan is secured by a surety bond or other guarantee of perform-
ance approved by the county ~ and
G. Operate solely between the hours of eight a.m. and five p.m. (Prior code ~ 9.5-432)
9.62.030 Restoration standards.
All parcels of land which are used for resource extraction operations shall be restored as follows:
A. Restoration shall be a continuous process, and each portion of the parcel shall be restored within two years after
resource extraction is completed for that portion~
B. Topsoil shall be restored in approximately the same quality and quantity as existed at the time the resource extrac-
tion operation was initiated~
C. Any body of water created by the resource extraction operation shall have a graded shoreline with a slope not to
exceed one foot vertical to five feet horizontal:
D. All equipment, Inachinery and structures, except for structures that are usable for recreational purposes or any other
use authorized in the area, shall be removed within six months after the resource extraction operation is terminated and res-
toration is cOlnpleted~ and
E. Reclamation shall to the Inaxitnuln extent practical result in the reestablishment of the vegetation association which
existed prior to the extraction activity. (Prior code 9 9.5-433)
492
9.64.0 I 0
Chapter 9.64
WIRELESS COMMUNICATIONS FACILITIES
Sections:
9.64.0 t ()
9.64.020
9.64.030
9.64.040
9.64.050
9.64.060
9.64.070
9.64.080
Purpose and intent.
Definitions.
Applicability.
Uses by land use district.
Development standards.
Expert review.
Variance.
Abandonment.
9.64.0 t 0 Pu rpose and intent.
The purpose and intent of this chapter is to:
A. Promote the health, safety and general welfare of the public by regulating the siting of wireless communication
facilities" including satellite earth stations;
B. Minimize the impacts of wireless communication facilities on surrounding areas by establishing standards for loca-
tion, structural integrity and compatibility;
C. Encourage the location and collocation of wireless communication equipment on existing structures thereby mini-
mizing new visual, aesthetic and public safety impacts, effects upon the natural environment and wildlife, and to reduce the
need for additional antenna-supporting structures;
D. Accommodate the growing need and demand for wireless communication services;
E. Encourage coordination between suppliers of wireless communication services in Monroe County;
F. Protect the character, scale, stability, and aesthetic quality of the residential districts of the county by imposing cer-
tain reasonable restrictions on the placement of certain satellite earth stations~ .
G. Respond to the policies embodied in the Telecommunications Act of 1996 in such a manner as not to unreasonably
discriminate between providers of functionally equivalent personal wireless service or to prohibit or have the effect of pro-
hibiting personal wireless service in the county~
H. Establish predictable and balanced regulations governing the construction and location of wireless communications
facilities, within the confines of permissible local regulation~ and
I. Establish review procedures to ensure that applications for wireless communications facilities are reviewed and
acted upon within a reasonable period of tilne. (Prior code S 9.5-434.1)
9.64.020 Definitions.
For the purposes of this chapter, the terms and phrases listed below shall have the following meanings:
~Io Ancillary structures" Ineans forms of development associated with a wireless cOlnmunications facility, including but not
limited to: foundations, concrete slabs on grade, guy wire anchors, generators, and transmission cable supports~ however,
specifically excluding equipment enclosures.
"10 Anti-clilnbing device" means a piece or pieces of equipment which are either attached to antenna-supporting structure,
or which are freestanding and are designed to prevent people from climbing the structure. These devices may include but are
not limited to fine mesh wraparound structure legs, Io"squirrel-cones," the removal of climbing pegs on monopole structures,
or other approved devices, but excluding the use of barbed wire.
~"Antenna" means any apparatus designed for the transmitting and/or receiving of electrolnagnetic waves which includes
but is not lin1ited to telephonic, radio or television communications. Types of antennas include, but are not limited to: omni-
directional (whip) antennas, sectorized (panel) antennas, multi or single bay (FM and TV), yaggie, or parabolic (dish) an-
tennas.
lo"Antenna array" means a single or group of antennas and their associated mounting hardware, transmission lines, or
other appurtenances which share a common attachment device such as a mounting fralne or mounting support.
493
9.64.020
~~ Antenna-supporting structure" means a vertical projection composed of metal, wood, or other substance with or without
a foundation that is for the express purpose of accolnlnodating antennas at a desired height above grade. Antenna-supporting
structures do not include any device used to attach antennas to an existing building, unless the device extends above the
highest point of the building by more than twenty (20) feet.
~~Attached wireless communication facility" means an antenna or antenna array that is attached to an existing building
with any accolnpanying pole or device which attaches it to the building, translnission cables, and an equiplnent enclosure,
which Inay be located either inside or outside of the existing building. An attached wireless communications facility is con-
sidered to be an accessory use to the existing principle use on a site.
~~Collocation" Ineans a situation in which two or more different wireless cOlnmunication service providers place wireless
cOlnmunication antenna or antennas on a COlnlnon antenna-supporting structure. The tenn ~~collocation" includes combined
antennas. The tenns "~collocation" and ~~combined antenna" shall not be applied to a situation where two or more wireless
cOlnmunications service providers independently place equiplnent on an existing building.
~~Combined antenna" Ineans an antenna or antenna array designed and utilized to provide services for more than one car-
ner.
....Conical zone" means an area which extends outward from the outer edge of the horizontal zone with a radius distance
equivalent to five thousand two hundred eighty (5,280) feet.
~~Development area" means the area occupied by a wireless communications facility including areas inside or under the
following: an antenna-supporting structure's framework, equiplnent enclosures, ancillary structures, and access ways.
~~Equipment enclosure'" Ineans any structure above the base flood elevation including: cabinets, shelters (pre-fabricated
or otherwise), pedestals, and other similar structures. Equiplnent enclosures are used exclusively to contain radio or other
equipment necessary for the transmission or reception of wireless cOlnmunication signals, not for the storage of equiplnent
nor as habitable space.
~~F AA" means the Federal Aviation Administration.
~~FCC" means the Federal Comlnunications Commission.
....Guyed" means a style of antenna-supporting structure consisting of a single truss assembly composed of sections with
bracing incorporated. The sections are attached to each other, and the assembly is attached to a foundation and supported by
a series of guy wires which are connected to anchors placed in the ground or on a building.
~~Glide path" means a ratio equation used for the purposes oflilniting the overall height of vertical projections in the vi-
cinity of private airports. The ratio limits each foot of height for a vertical projection based upon a horizontal distance
measurement.
"~Horizontal zone" Ineans an area longitudinally centered on the perimeter of a private airport's runway which extends
outward frolTI the edge of the primary surface a distance equivalent to five thousand two hundred eighty (5,280) feet.
....Lattice" means a style of antenna-supporting structure that consists of vertical and horizontal supports with multiple
legs and cross-bracing, and metal crossed strips or bars to support antennas.
"~Monopole" Ineans a style of free-standing antenna-supporting structure which is composed of a single shaft usually
composed of two or more hollow sections which are in turn attached to a foundation. This type of antenna-supporting struc-
ture is designed to support itself without the use of guy wires or other stabilization devices. These structures are Inounted to
a foundation which rests on or in the ground or on a building's roof.
"~Persona)" wireless service means comlnercial mobile services, unlicensed wireless services, and common carrier wire-
less exchange access services, as defined in the Telecomlnunications Act of 1996.
~~Primary surface" means the area extending a distance of fifty (50) feet to both sides of the centerline of a private air-
port's runway, and running the distance of the runway.
~~Public antenna-supporting structure" Ineans an antenna-supporting structure, appurtenances, equipment enclosures, and
all associated ancillary structures used by a public body or public utility for the purposes of transmission and/or reception of
wireless communication signals associated with but not limited to: public education, parks and recreation, fire and police
protection, public works, and general govemnlent.
"~Radio frequency emissions" Ineans any electromagnetic radiation or other communications signal emitted from an an-
tenna or antenna-related equipment on the ground, antenna-supporting structure, building, or other vertical projection.
"~Replacelnent" means the construction of a new antenna-supporting structure built to replace an existing antenna-
supporting structure.
494
9.64.030
.'Satellite earth station" means a single or group of satellite parabolic (or dish) antennas. These dishes are Inounted to a
supporting device which may be a pole or truss assembly attached to a foundation in the ground., or in sOlne other configura-
tion. A satellite earth station may include the associated separate equipment enclosures necessary for the transmission or
reception of wireless comlnunications signals with satellites.
."Stealth wireless comlnunications" facility means a wireless communications facility., ancillary structure., or equipment
enclosure that is not readily identifiable as such., and is designed to be aesthetically compatible with existing and proposed
uses on a site. A stealth facility may have a secondary function., including., but not limited to the following: church steeple.,
bell tower, spire., clock tower., cupola., light standard., flagpole with a flag., etc.).
."Wireless communications" means any personal wireless service., which includes but is not limited to., cellular., personal
cOlnmunication services (PCS)., specialized mobile radio (SMR)., enhanced specialized mobile radio (ESMR)., and paging.
Wireless comlnunications also includes radio and television broadcast services and other radio frequency signals, including
those transnlitted or received by a satellite earth station.
.'Wireless cOlnmunication facility (WCF)" means any staffed or unstaffed facility for the translnission and/or reception
of radio frequency signals., or other wireless comlnunications., and usually consisting of an antenna or group of antennas.,
transmission cables., and equipment enclosures., and Inay include an antenna-supporting structure. The following develop-
ments shall be considered as a wireless comlnunication facility: developments containing new or existing antenna-
supporting structures., public antenna-supporting structures., replacement antenna-supporting structures., collocations on ex-
isting antenna-supporting structures., attached wireless communications facilities, stealth wireless communication facilities,
and satellite earth stations. (Prior code S 9.5-434.2)
9.64.030 Applicability.
A. Ex(:ept as provided for in subsection B of this section., this chapter shall apply to development activities including
installation., construction, or modification to the following wireless communications facilities:
I. Existing antenna-supporting structures~
2. Proposed antenna-supporting structures~
3. Public antenna-supporting structures~
4. Replacement of existing antenna-supporting structures~
5. Collocation on existing antenna-supporting structures~
6. Attached wireless communications facilities~
7. Stealth wireless communications facilities~
8. Sat(~llite earth stations~ and
9. Noncommercial amateur., ham radio., or citizen's band antenna-supporting structures with heights greater than sev-
enty (70) feet.
B. The~ following items are exempt from the provisions of this chapter., notwithstanding the provisions contained in
Title 6 ofthl~ Monroe County Code:
I. Amateur radio antennas as provided in F.S. ~ 125.561~
2. Satellite earth stations that are one meter or less in diameter and which are not greater than thirty-five (35) feet
above grade~
3. Satellite earth stations that are two meters or less in diameter and that are located or proposed to be located in the
following land use districts: I., ML SC., and UC~
4. Regular maintenance of any existing wireless communications facility that does not include the placement of a new
wireless conlmunications facility~
5. The substitution or change of existing antennas or other equipment on an existing antenna-supporting structure pro-
vided the substituted antennas or equipment do not diminish the structural capacity of the antenna-supporting structure, and
provided su<:h change does not increase the overall height of the structure~
6. Any existing or proposed antenna-supporting structure with an overall height of seventy (70) feet or less above
ground level ~ and
7. A \Nireless communications facility, upon the declaration ofa state of emergency by federal, state., or local govern-
ment., and a '~ritten determination of public necessity for the facility by the director of public safety~ except that such facility
must cOlnply with all federal and state requirements. No wireless communications facility shall be exempt from the provi-
sions of this chapter beyond the duration of the state of emergency. (Prior code ~ 9.5-434.3)
495
9.64.040
9.64.040 Uses by land use district.
A. Pursuant to Sections 9.34.020 through 9.34.270~ and except as provided in subsection B of this section, no wireless
cOlnlnunications facility shall be pennitted in a particular land use district except in accordance with the table below.
Replacement
New of Existing
Antenna Antenna Satellite
Land Use Supporting Supporting Attached Stealth Earth
District Structure Structure Co-Location Facility Facility Station
AD Prohibited Minor As-of- Right Minor Minor As-of- Right
CD Prohibited Prohibited As-of- Right Prohibited Prohibited M inor3
CFA Major As-of- Right As-of-Right Minor Minor M in or3
CFSD1 Prohibited Prohibited As-of-Right Prohibited Prohibited Minor3
CFSD~ Major As-of- Right As-of- Right As-of-Right Minor Minor3
CFV Prohibited Minor As-of-Right Minor Minor Minor'
DR Major As-of-Right As-of-Right As-of-Right As-of- Right As-of- Right
I Minor As-of-Right As-of- Right As-of-Right As-of- Right As-of- Right
IS Prohibited Prohibited As-of-Right Prohibited Major Minor3
MF Major As-of- Right As-of-Right As-of- Right As-of- Right As-of- Right
MI Minor As-of-Right As-of- Right As-of-Right As-of-Right As-of-Right
MN Prohibited Prohibited As-of- Right Prohibited Prohibited Minor3
MU Major As-of-Right As-of-Right As-of-Right As-of-Right Minor3
NA Prohibited As-of-Right As-of-Right Minor Minor Minor'
OS Prohibited Prohibited As-of- Right Prohibited Prohibited Minor3
PR Prohibited Minor As-of-Right As-of-Right Minor As-of-Right
RV Prohibited Minor As-of-Right Minor Minor Minor3
SC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
SR Prohibited Minor As-of- Right Prohibited Minor Minor3
SR-L Prohibited Minor As-of-Right Prohibited Minor Minor3
SS Prohibited Prohibited As-of-Right Prohibited Minor M in or3
UC Major As-of-Right As-of-Right As-of-Right As-of-Right As-of-Right
UR Prohibited Minor As-of-Right As-of-Right Minor Minor3
URM Prohibited Minor As-of-Right Prohibited Minor M inor3
URM-L Prohibited Minor As-of-Right Prohibited Minor M inor3
I Includes the following commercial fishing special districts: ],2. 8, 12, 13, 16 & 20
2 Includes the following commercial fishing special districts: 4, 5, 6, 7 & ] 7
3 Satellite earth stations proposed in this land use district that are less than 2.0 meters in diameter shall be allowed as-of-right
B. Within the following districts, new antenna-supporting structures may be pennitted as a major conditional use, pro-
vided that the antenna-supporting structure is owned by Monroe County and is used exclusively for non-proprietary public
safety cOlnlnunications: CD, MN, OS~ and PRo (Prior code S 9.5-434.4)
9.64.050 Development standards.
These standards shall apply to the following types of wireless comtnunications facilities:
A. New Antenna Supporting Structures.
1. Approval Criteria for New Antenna-Supporting Structures.
a. Setbacks.
496
9.64.050
i. New antenna-supporting structures and the associated ancillary structures are not considered as utilities, and there-
fore must Illeet the environmental design criteria related to wetland setbacks pursuant to Section 9.48.140~
ii. Any new antenna-supporting structures, equipment enclosures and ancillary structures shall meet the minimulTI
setback requirements for the land use district where they are located pursuant to Section 9.40.0 I O~
iii. New antenna-supporting structures constructed on a property or properties which is/are contiguous to the IS, SR,
UR or URl\1 zones shall be set back from these zones a distance equal to thirty (30) percent the overall height of the an-
tenna-supporting structure~ and
iv. New antenna-supporting structures shall be set back frolTI the right-of-way of U.S. Highway I a distance equal to
thirty (30) percent of the overall height of the antenna-supporting structure.
b. He ight. The overall height of any antenna-supporting structure shall not be greater than one hundred ninety-nine
( 199) feet.
c. Construction. New antenna-supporting structures shall have a monopole type construction only, and shall not be
guyed or have a lattice type construction~ except that AM broadcast facilities ITIay have a guyed type construction.
d. Structural Integrity.
i. The entire antenna-supporting structure and all appurtenances shall be designed pursuant to the wind speed design
requirements of ASCE 7-95, including any subsequent modification to those specifications~ and
ii. The new antenna-supporting structure shall be designed to accommodate the wireless cOlnmunications equipment
of other win~less communication service providers. The exact alTIOunt of additional equipment to be accommodated shall be
agreed upon during a pre-application conference and recorded in the letter of understanding resulting froln the conference~
and
111. The antenna-supporting structure shall be designed to ensure that, in the event of structural failure, the facility will
collapse within the boundaries of the property on which the facility is located.
e. Lighting.
i. Ex(:ept as provided in subparagraph ii of this paragraph, no lights, signals, or other illumination shall be permitted
on any wireless communications facility or ancillary structure unless the applicant demonstrates that lighting is required by
the FAA or the FCC.
ii. Lighting may be placed in association with an approved equipment enclosure, but shalJ be placed only in accor-
dance with the provisions of Section 9.56.040 of the land developlnent regulations and Section 7.16.030 of the Monroe
County Code. Lighting associated with an equipment enclosure shall remain unlit except when authorized personnel are
present.
f. Collocation and Combined Antennas.
i. No antenna-supporting structure shall be permitted unless the applicant demonstrates that no existing wireless
communications facility can accommodate the applicants proposed facility through either collocation or a combined an-
tenna; or that use of such existing facilities would prohibit personal wireless services in the area of the county to be served
by the proposed antenna-supporting structure.
ii. Evidence sublnitted to delnonstrate that no existing wireless communications facility could accommodate the appli-
canl's proposed facility through either collocation or a combined antenna may consist of any of the following:
(A) No existing wireless communications facilities located within the geographic area meet the applicant's engineering
requirements.
(B) Existing wireless communications facilities are not of sufficient height to meet the applicant's engineering require-
ments.
(C) Existing wireless cOlnmunications facilities do not have sufficient structural strength to support the applicant's pro-
posed wirelt~ss communications facilities and related equipment.
(D) The applicant demonstrates that there are other limiting factors that render existing wireless communications facili-
ties unsuitable.
g. Color. New antenna-supporting structures shall maintain a galvanized gray finish or other accepted contextual or
compatible color, except as required by federal rules or regulations.
h. Radio Frequency Emissions. The radio frequency emissions shall comply with FCC standards for such emissions.
l. Intensity Requirements.
i. For the purposes of impact fee calculation, the floor area for a wireless communications facility shall be considered
as only the total square footage of all equipment enclosures~ and
497
9.64.050
ii. The following shall be considered as development area and shall be required to meet the setbacks and open space
ratio requirements for the land use district and/or habitat where they are located:
(A) The area beneath all equiplnent enclosures~ plus
(8) The area of the antenna-supporting structure foundation at or above grade~ plus
(C) The area beneath ancillary structures~ excluding that which is beneath guy wires (if applicable)~ plus
(D) The area inside the antenna-supporting structure fralnework.
j. Security. Fencing~ in accordance with Section 9.42.200~ and/or anti-clilnbing devices shall be required to preserve
security on wireless communication facilities.
k. Landscaping. Landscaping and or screening in the form of at least a Class D buffer as drawn in the Class D buffer-
yard figure in Section 9.54.050 shall be required around the developlnent area.
I. Signage. The only signage that is pennitted upon an antenna-supporting structure~ equiplnent enclosures~ or fence
(if applicable) shall be infonnational~ and for the purpose of identifying the antenna-supporting structure~ as well as the
party responsible for the operation and lnaintenance of the facility ~ its current address and telephone number~ security or
safety signs~ and property Inanager signs (if applicable).
In. Aircraft Obstruction. In addition to the provisions of Section 9 .34.240~ the overall height of a new antenna-
supporting structure located in the vicinity of a private airport shall be limited by the following:
i. A 35: I glide path ratio in the horizontal zone limiting the heights of new antenna-supporting structures to one hun-
dred fifty (150) feet within one statutory mile (five thousand two hundred eighty (5~280) feet) froln the edge of the private
airport primary surface~ and
ii. A 12: I glide path ratio in the conical zone lilniting the heights of new antenna-supporting structures to six hundred
(600) feet within one statutory mile (five thousand two hundred eighty (5~280) feet) from the edge of the horizontal zone.
n. Adverse Effects on Adjacent Properties and Compatibility with Comlnunity Character.
i. New antenna-supporting structures shall be configured and located in a Inanner that is consistent with the COlnlnu-
nity character of the immediate vicinity~ and shall minimize adverse effects including visual ilnpacts on adjacent properties
pursuant to Section 9 . 14.050(B ) and (C). The applicant shall delnonstrate that alternative locations~ configurations~ and fa-
cility types have been exalnined and shall address in narrative form the feasibility of any alternatives that may have fewer
adverse effects on adjacent properties or that would be Inore compatible with the character of the cOlnmunity than the facil-
ity ~ configuration~ and location proposed.
ii. The following attributes shall be considered from vantage points within three miles of the base of the proposed an-
tenna-supporting structure:
(A) Height~
(B) Mass and scale~
(C) Materials and coloe and
(D) Illumination.
2. Submittal Requirements for New Antenna-Supporting Structure Applications.
a. A cOlnpleted application form and any appropriate fees~
b. Three sets of signed and sealed site plans~
c. A property card for the subject property from the county~s property appraiser~s office or a tax bill showing the
ownership of the subject parcel~
d. A fonn indicating that a property and/or antenna-supporting structure~s owner~s agent has authorization to act upon
their behalf (if applicable)~
e. A signed statement from the antenna-supporting structure ~ s owner or owner~ s agent stating that the radio frequency
elnissions comply with FCC standards for such emissions~
f. Proof of an FCC license or construction permit to transmit radio signals in Monroe County~
g. A stamped or sealed structural analysis of the proposed antenna-supporting structure prepared by a licensed Florida
engineer indicating the proposed and future loading capacity of the antenna-supporting structure~
h. One original and two copies of a survey of the property completed by a licensed Florida engineer which shows all
existing uses~ structures~ and ilnprovements~
i. Three copies of a vegetation surveyor habitat evaluation index (HEI)~
498
9.64.050
j. Photo-silnulated post construction renderings of the proposed antenna-supporting structure, equiplnent enclosures,
and ancillary structures as they would look after construction from locations to be determined during the preapplication con-
ference;
k. Proof ofF AA compliance with Subpart C of the Federal Aviation Regulations Part 77, Objects Affecting Navigable
Airspace;
I. A signed statement from the antenna-supporting structure owner agreeing to allow the collection of other wireless
equiplnent on the proposed antenna-supporting structure;
m. Ifrequired by the United States Fish and Wildlife Service, a letter indicating that the proposed antenna-supporting
structure and appurtenances are in compliance with all applicable federal rules and regulations;
n. AIJI other documentation, evidence, or materials necessary to demonstrate compliance with the applicable approval
criteria set forth in this chapter, including where applicable:
i. Existing wireless communications facilities to which the proposed facility will be a handoff candidate, including
latitude, longitude, and power levels of each,
ii. A radio frequency plot indicating the coverage of existing wireless cOlnmunications sites, and that of the proposed
site sufficient to delnonstrate radio frequency search area, coverage prediction, and design radius,
iii. A statement by a qualified professional engineer specifying the design structural failure modes of the proposed fa-
cility., and
iv. Antenna heights and power levels of the proposed facility and all other facilities on the subject property.
3. A pre-application conference is required for any new antenna-supporting structure. At the time a preapplication
conference is held, the applicant shall demonstrate that the following notice was Inailed (via certified mail) to all interested
parties., including other wireless service provides licensed to provide service within the county as indicated on the list of
wire less service providers and interested parties provided by the county planning department:
Pursuant to the requirements of the Monroe County Land Development Regulations., (nalne of provider) is
hereby providing you with notice of our intent to meet with the Monroe County Planning Department in a pre-
application conference to discuss the location of a free-standing wireless communications facility that would be lo-
cated at (location) . In general, we plan to construct a support structure of
feet in height for the purpose of providing (type of wireless service)
. Please inform us and the Planning Departlnent if you have any desire for placing additional
wireless facilities or equipment within two miles of our proposed facility. Please provide us with this infonnation
within ten (10) business days after the date of this letter. Your cooperation is sincerely appreciated.
Sincerely, (pre-application applicant, wireless provider)
B. Replacement of an existing antenna-supporting structure.
1. Approval Criteria for Replacement Antenna-Supporting Structures.
a. For a proposed replacement antenna-supporting structure to be approved., it shall meet the same approval criteria set
out in subsection (A)( 1 )( d), (e), (g) through U) and (1) of this section, as we II as the following.
b. Setbacks.
i. Any new equipment enclosures shall meet the minimum setback requirements for the land use district where they
are located pursuant to Section 9.40.010; and
ii. Replacement antenna-supporting structure foundations (excluding guy wire anchors) constructed on a property or
properties ~rhich is/are contiguous to the IS, SR. UR or URM zones shall not be any closer to these zones than the founda-
tion of the original antenna-supporting structure being replaced; and
iii. Replacement antenna-supporting structure foundations (excluding guy wire anchors) constructed on a property or
properties \vhich is/are contiguous to the right-of-way ofU .S. Highway I shall not be any closer to such right-of-way than
the foundation of the original antenna-supporting structure being replaced.
iv. Replacement antenna-supporting structures and the associated ancillary structures shall meet the environmental
design criteria related to wetland setbacks pursuant to Section 9.48.140 to the maxilTIum extent practicable.
499
9.64.050
c. Height.
i. Except as provided in subsection (8)( 1 )(c)(ii) of this section., replacelnent antenna-supporting structures shall not
exceed the height requirelnents set forth in subsection (A)( 1 )(b) of this section or the height of the antenna-supporting struc-
ture it is replacing., whichever is less.
ii. In the following land use districts., replacement antenna-supporting structures shall not exceed the height require-
lnents set forth in subsection (A)( 1 )(b) of this section or the height of the antenna-supporting structure it is replacing.,
whichever is greater: CF A., DR., L MF., MI., MU., NA., SC., UC., and CFS Districts 3., 4., 6., 7., and 17.
d. Construction. Subject to the height provisions above:
i. Replacement antenna-supporting structures with an overall height of one hundred ninety-nine (199) feet or less
shall have a monopole type construction~ except that AM broadcast replacement facilities may be of the same construction
type as the structure being replaced.
ii. Replacement antenna-supporting structures with an overall height of greater than one hundred ninety-nine (199)
feet may be of the saIne construction type as the structure being replaced.
e. Landscaping. Landscaping and or screening in the form of at least a Class 0 buffer as drawn in the Class D buffer-
yard figure in Section 9.54.050 shall be required around the development area to the maxilnuln extent practicable.
2. Submittal Requirements for Replacement Antenna-Supporting Structure Applications.
a. For a proposed replacelnent antenna-supporting structure application to be considered complete pursuant to Section
9.10.040., it shall contain the same submittal materials required as indicated in subsection (A)(2)(a) through (i)., (k)., (I) and
(n) of this section.
C. Collocations on an Existing Antenna-Supporting Structure.
1. Approval Criteria for Collocations on Existing Antenna-Supporting Structures.
a. For a collocation on an existing antenna-supporting structure to be approved., it shall meet with approval criteria set
out in subsection (A)( 1 )(i)., U) and (I) of this section., as well as the following.
b. Height. A collocation on an existing antenna-supporting structure shall not increase the overall height of the an-
tenna-supporting structure beyond that allowed under subsection (A)( 1 )(b) of this section.
c. Structural Integrity. Any collocation on an existing antenna-supporting structure shall not impair the structure's
ability to lnaintain the wind speed design requirements of ASCE 7-95., including any subsequent modification to those
specifications.
d. Setbacks. New equipment enclosures placed at an existing legally nonconfonning wireless communications facility
(with respect to wetland setbacks) shall be required to meet the environmental design criteria of Section 9.48.140.
e. Radio Frequency Emissions. The applicant shall delnonstrate that radio frequency elnissions cOlnply with FCC
standards for such elnissions., taking into account all collocated wireless cOlnmunications facilities placed or proposed for
placement on the antenna-supporting structure.
2. Sublnittal Requirements for Collocation on an Existing Antenna-Supporting Structure Applications.
a. For a collocation on an existing antenna-supporting structure application to be considered complete pursuant to
Section 9.10.040., it shall contain submittal materials as indicated in subsection (A)(2)(a) through (f) and (n) of this section,
as well as the following:
i. A stalnped or sealed structural analysis of the existing antenna-supporting structure prepared by a licensed Florida
engineer indicating that the existing antenna-supporting structure as well as all existing and proposed appurtenances can
withstand a peak wind speed gust equivalent to the original design criteria for the antenna-supporting structure~
ii. A copy of the lease or sublease between the owner of the antenna-supporting structure and the applicant seeking to
place additional wireless equipment on the structure. Clauses related to lease term or rent may be deleted or censored.
D. Attached Wireless Communications Facilities.
1. Approval Criteria for Attached Wireless Communications Facilities. For a proposed attached wireless communica-
tions facility to approved., it shall meet with the approval criteria as indicated in subsection (A)( 1 )(h)., (i) and (I) of this sec-
tion., as well as the following:
a. Accessory Use. An attached wireless communications facility shall be an accessory use as defined by Section
9.02.040 in the land development regulations.
b. Height.
i. The antenna., antenna array., attachment device., equipment enclosure and/or any ancillary equipment shall not ex-
tend above the ground by more than seventy (70) feet. and
500
9.64.050
ii. Existing or proposed attached wireless comlnunications facilities which project more than seventy (70) feet above
the ground shall be considered as an antenna-supporting structure and subject to the provisions for these types of uses pur-
suant to subsection A of this section;
c. Construction. Attached facilities may have a guyed, lattice, or monopole type construction, but in no case shall a
lattice type construction exceed a height often (10) feet from the base of the attached facility;
d. Color. All attached antenna or antenna arrays, equiplnent enclosures and ancillary equipment visible from outside
the building where they are located shall be painted so as to blend in with the building where they are placed; and
e. Screening and Placement.
i. Attached wireless communications facilities shall be screened by a parapet or other device so as to minimize its
visual ilTIpact as measured from the boundary line of the subject property. Attached facilities shall be placed in the center of
the building where reasonably possible so as to further minimize visual impact, and
ii. An attached wireless comlTIunications facility shall only be attached to a commercial, industrial, hotel, multifamily,
institutional, or public building.
2. Sulblnittal Requirements for Attached Wireless Communications Facility Applications. For a proposed attached
wireless communication facility application to be considered complete pursuant to Section 9.10.040, it shall contain submit-
tallnaterials as indicated in subsection (A)(2)(a) through (f), (h) and (n) of this section.
E. Ste:alth Wireless Communications Facilities.
I. Approval Criteria for Stealth Wireless Communications Facilities.
a. Setbacks.
i. Ste'alth facilities shall meet the environmental design criteria related to wetland setbacks pursuant to Section
9 .48.140~ and
ii. Ste'alth facilities shall meet the minimuln setback requirements for the land use district where they are located pur-
suant to Section 9.40.010.
b. Height. Stealth wireless comlnunications facilities shall not exceed one hundred (100) feet in overall height.
c. Construction. No stealth wireless communications facility shall be guyed or have lattice type construction.
d. Accessory Use. A stealth facility shall be an accessory use as defined by Section 9.02.040 in the land development
regulations.
e. Structural Integrity. The stealth facility shall be designed pursuant to the wind speed design requirements of ASCE
7-95, including any subsequent modification to those specifications.
f. Aesthetics. No stealth facility, whether fully enclosed within a building or otherwise, shall have antennas, antenna
arrays, transmission lines, equipment enclosures or other ancillary equipment which is readily identifiable from the public
dOlnain as \vireless communications equipment.
2. Submittal Requirements for Stealth Wireless COlnmunications Facilities.
a. For a proposed stealth wireless communications facility application to be considered complete pursuant to Section
9.10.040, it shall contain submittal materials as indicated in subsection (A)(2)(a) through (i) and (n) of this section as well as
a photo simulated post construction renderings of the proposed stealth facility, equipment enclosures, and ancillary struc-
tures as they would look after construction froln the public domain.
b. For a proposed stealth wireless comlTIunications facility that is not ground-mounted, the planning director may
waive certain submittal requirelTIents to reflect the necessary documentation required to delTIOnstrate compliance with the
provisions of this title.
F. Satellite Earth Stations.
I. Approval Criteria for Satellite Earth Stations. In order to advance the health, safety, and aesthetic objectives of this
chapter, and in order to protect the residential character of certain land use districts, the following restrictions shall apply:
a. A proposed satellite earth station less than two meters in dialneter shall conform with approval criteria as indicated
in subsection (A)( 1 )(a) and (I) of this section.
b. A proposed satellite earth station greater than or equal to two meters in diameter, shall conform with approval crite-
ria as indicated in subsection (A)(] )(a), 0) and (1) of this section.
c. Heiight. The maximum height for any portion of a satellite earth station shall not exceed thirty-five (35) feet.
d. Landscaping. For a proposed satellite earth station that is greater than or equal to two meters in diameter, a Class A
buffer shall be provided, in accordance with Section 9.54.050, between the proposed facility and any adjacent residential
uses and thE~ public right-of-way.
50]
9.64.060
e. Placelnent. The proposed satellite earth station shall not be placed in any front yard or a side yard that is adjacent to
a public right-of-way.
f Accessory Use. A satellite earth station shall be approved only as an accessory use as defined by Section 9.02.040
in the Land Development Regulations.
2. Submittal Requirements for Satellite Earth Station Applications.
a. For a proposed satellite earth station less than two Ineters in diameter, the applicant shall sublnit Inaterials required
by subsection (A)(2)(a) through (f) of this section.
b. For a proposed satellite earth station greater than or equal to two Ineters in dialneter, the applicant shall sublnit ma-
terials required subsection (A)(2)(a) through (f), (i), (In) and (n) of this section.
3. Lilnited Waiver of Requirements.
a. The planning director Inay waive the requirelnents of this subsection where an applicant for a satellite earth station
delnonstrates that compliance with these provisions will:
i. Materially lilnit translnission or reception by the proposed satellite earth station~ or
11. Impose more than minimal costs on users of the facility.
b. However, the planning director may not waive any requirement to a greater extent than is required to ensure that
transmission or reception is not materially lilnited and that no more than minilnal costs are incurred by the user to achieve
such translnission or reception.
c. The planning director, in determining whether to waive certain requirements of this subsection, may consider the
following:
i. The relative cost to the applicant to comply with these provisions in light of the costs associated with the installa-
tion of the satellite earth station~
11. The existing conditions on the subject property, both manmade and natural~ and
111. The effect of a waiver on the public safety. (Prior code S 9.5-434.5)
9.64.060 Expert review.
A. Where due to the complexity of the methodology or analysis required to review an application for a wireless com-
munication facility~ the planning director may require a technical review by a third party expert, the costs of which shall be
borne by the applicant. Third party review is required as part of the review for any variance application submitted pursuant
to Section 9.64.070.
B. The expert review may address any or all of the following:
1. The accuracy and completeness of submissions~
2. The applicability of analysis techniques and Inethodologies~
3. The validity of conclusions reached~
4. Whether the proposed wireless communications facility cOlnplies with the applicable approval criteria set forth in
this chapter~ and
5. Other Inatters deelned by the planning director to be relevant to determining whether a proposed wireless commu-
nications facility complies with the provisions of this chapter.
c. Based on the results of the expert review, the planning director may require changes to the applicanfs application
or submittals.
D. The applicant shall reimburse the county within five working days of the date of receipt of an invoice for expenses
associated with the third party expert's review of the application. Failure by the applicant to Inake reimbursement pursuant
to this section shall abate the pending application until paid in full. (Prior code S 9.5-434.6)
9.64.070 Variance.
A. Applicability. This section shall not apply to applications for satellite earth stations.
B. Review Criteria and Expedited Procedure. Except as provided in subsection A of this section, the planning commis-
sion may grant variances from the minimum height requirements set forth in this chapter. The planning commission, in
granting or denying such a variance, shall consider whether the following conditions have been met:
1. A detennination that the granting of the variance will not result in additional public expenses that would not other-
wise occur~ create a nuisance~ or cause fraud or victimization of the public~
502
9.64.080
2. A determination that the variance sought is the minimum necessary to address the need for the variance, subsequent
to exploring all reasonable sitting alternatives~
3. A determination that granting of the variance will not have a significant detrimental impact on adjacent property
values~ and
4. A cletennination that granting of the proposed variance is consistent with the purpose and intent of this chapter.
C. The planning comlnission, in detennining whether the conditions for a variance have been Inet, shall consider the
following factors relevant:
I. Whether failure to grant the variance would prohibit or have the effect of prohibiting the provision of personal
wireless services~
2. Whether failure to grant the variance would unreasonably discritninate among providers offunctionally equivalent
personal wireless services~
3. Physical characteristics of the proposed wireless cOlnmunications facility for which the variance is requested~
4. The importance to the community of the wireless cOlnmunication services to be provided if the proposed variance is
granted~
5. The compatibility of the proposed variance with adjacent land uses and the availability of alternative sites and tech-
nologies in light of existing and permitted development in area~
6. Whether granting of the proposed variance will obviate the need for additional new antenna-supporting structures
due to increased co-location opportunities that would not be possible if the variance were not granted~ and
7. Whether granting of the proposed variance is necessary to ensure adequate public safety and emergency manage-
ment communications.
D. Unless provided simultaneously as part of an application for a wireless communications facility, any application for
a variance from the height requirements set forth in this chapter shall include the submittal requirements set forth in Section
9.64.050(A)(2) and any other materials or documentation required to demonstrate the applicability of the provisions of this
section.
E. All applications for a variance to the height requirements of this chapter shall be subject to third party expert review
as set forth in Section 9.64.060, with all associated costs to be borne by the applicant. The third party expert shall analyze all
required submittal materials to determine whether the criteria set forth in subsections Band C of this section have been met.
F. No variance granted pursuant to this section shall be granted to allow an overall height of greater than three hun-
dred thirty (330) feet.
G. Tht~ planning commission Inay allow either lattice or guyed type construction, where the applicant demonstrates
that mono-pole construction is not feasible at the height allowed by an approved variance.
H. Variances under this section shall be processed concurrently with an application for wireless communications
facilities as provided for in this chapter. (Prior code ~ 9.5-434.7)
9.64.080 Abandonment.
A. In the event all legally approved use of any wireless communications facility has been discontinued for a period of
six months, the facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made the plan-
ning director who shall have the right to request documentation and/or affidavits from the facility owner regarding the issue
of wireless c:ommunications facility usage, including evidence that use of the wireless communications facility is imminent.
B. At such time as the planning director reasonably determines that a wireless communications facility is abandoned,
the planning director shall provide the facility owner with written notice of an abandomnent determination by certified mail.
Failure or refusal by the owner to respond within sixty (60) days of receipt of such notice, shall constitute prima facie evi-
dence that the wireless comlnunications facility has been abandoned.
C. If the owner of the wireless communications facility fails to respond or fails to demonstrate that the wireless com-
Inunications facility is not abandoned, the facility shall be considered abandoned and the owner of the facility shall have an
additional one hundred twenty (120) days within which to: (i) reactivate the use of the wireless communications facility or
transfer the 'Nireless comlnunications facility to another owner who makes actual use of the facility within the one hundred
twenty (120) day period, or (ii) dismantle and remove the wireless communications facility. (Prior code ~ 9.5-434.8)
503
9.66.010
Chapter 9.66
SEXUALLY ORIENTED BUSINESSES
Sections:
9.66.010
9.66.020
9.66.030
9.66.040
Purpose and intent.
Definitions.
Applicability.
Nonconforming uses.
9.66.010 Purpose and intent.
A. It is the purpose of this chapter to regulate sexually oriented businesses as to prolnote the health~ safety~ and general
welfare of the citizens of Monroe County., and to establish reasonable and uniform regulations to prevent the deleterious
location and concentration of sexually oriented businesses within the unincorporated area of the county. The provisions of
this chapter have neither the purpose or intent of imposing a limitation or restriction on the content of any communicative
materials~ including sexually oriented lnaterials~ or other aspects of constitutionally protected speech. It is not the intent of
the county commission to legislate with respect to matters of obscenity in this chapter~ as those matters are regulated by
federal and state law. particularly~ F.S. Chs. 800 and 847. Similarly~ it is not the intent or effect of this chapter to restrict or
deny access by adults to sexually oriented materials protected by the First Amendment or to deny the distributors and ex-
hibitors of sexually oriented entertainment access to their intended market. Neither is it the intent or effect of this chapter to
condone or legitimize the distribution of sexually oriented lnaterial. (Prior code S 9.5-435)
9.66.020 Definitions.
For the purposes of this chapter., the terms and phrases listed below shall have the following lneanings:
~~SexuaIJy oriented bookstore~~ means an establishment that rents and/or sells sexually oriented materials in any form to
the public and meets anyone of the following three tests:
1. The revenues froln sexually oriented Inaterials represent more than ten ( 10) percent of the gross revenues of the
establishment over the same period~
2. Twenty-five (25) percent or more of the stock-in-trade consists of sexually oriented Inaterials~
3. It advertises or recognizes itself in any forum as ~~XXX~" .~adult~" ~~sex" or otherwise as a sexually oriented busi-
ness.
"~Sexually oriented business~~ means individually or in combination a sexually oriented book store~ sexually oriented en-
tertainment establishlnent., or sexually oriented motion picture theater as defined herein~ and any other establishment whose
employees display or expose specified anatomical areas as defined herein.
"~Sexually oriented entertainment establishment" means an establishment whose employees exhibit or display specific
sexual activities or expose specified anatomical areas while performing.
.~Sexually oriented materials"~ means books~ magazines~ periodicals., or other printed matter., or photographs., CD-ROMs
or other devices used to record computer images., films., motion pictures~ video cassettes~ digital video disks (DVDs)~ slides
or other visual representations or recordings which have as their primary or dominant theme matter depicting~ illustrating~
describing or relating to specified sexual activities or specified anatomical areas or instruments., devices or paraphernalia
which are designed for use in connection with specified sexual activities.
.~Sexually oriented motion picture theater~" means an establishment designed to pennit the viewing of motion pictures and
other film material which has as its primary or dominant theme Inatters depicting., illustrating or relating to specified sexual
activities for observation by the patrons thereof.
".Specified anatolnical areas~" Ineans:
1. Less than completely and opaquely covered: human genitals~ pubic region., the hUlnan buttocks., and female breast
below a point immediately above the top of the areola: and/or
2. Human lnale genitals in a discernibly turgid state~ even if completely covered.
~~Specified sexual activities"" means human genitals in a state of sexual stimulation or arousal or acts of human masturba-
tion., sexual intercourse., sodomy., bestiality., or fondling or other erotic touching of hUlnan genitals., pubic region., buttocks.,
or female breast. (Prior code S 9.5-436)
504
9.66.030
9.66.030 Applicability.
A. Sexually oriented businesses shall be allowed in land use districts that permit commercial development per Chapter
9.] 2 with the following restrictions:
]. No sexually oriented business shall be located within five hundred (500) feet of the property line of any property
used for residential purposes.
2. No sexually oriented business shall be located within five hundred (500) feet of any property used as a place of
worship~ a JPublic park, or a school.
3. No sexually oriented business shall be located within five hundred (500) feet of another sexually oriented business.
4. Sexually oriented businesses shall opaquely cover each window or other opening through which a person at the
establishlnent may otherwise see inside the establishment.
5. Signs for a sexually oriented business shall not depict specified anatomical areas or specified sexual activities.
B. For the purposes of subsection A of this section distances from properties shall be calculated by straight line meas-
urelnent from property line to property line, using the closest property lines of the parcels of land involved. (Prior code
S 9.5-437)
9.66.040 Nonconforming uses.
A. A sexually oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the
subsequent location of a resident, a property used as a place of worship, a park, or a school within five hundred (500) feet of
it. This provision applies only to a legally established sexually oriented business, not to any sexually oriented business that
had been terminated for any reason or discontinued for a period of ninety (90) days or more subsequent to the location of the
residential use, place of worship, park or school.
B. Arrlortization. Within one year of the effective date of the ordinance codified in this chapter, all existing sexually
oriented businesses shall conform to the provisions of this chapter, or the use shall be terminated. (Prior code ~ 9.5-438)
505
9.68.010
HISTORICAL, CULTURAL, ARCHEOLOGICAL AND ARCHITECTURAL LANDMARKS
Chapter 9.68
Sections:
9.68.010
9.68.020
9.68.030
9.68.040
9.68.050
9.68.060
9.68.070
9.68.080
9.68.090
9.68.100
Purpose.
Definitions.
Historic preservation commission.
Criteria for the designation of historic properties.
Historic designation process.
Certificates of appropriateness.
Nonconforming structures.
Maintenance of designated historic property.
Appeals.
Assignment of the planning director's duties and fees.
9.68.010 Purpose.
It is declared a matter of public policy that the protection and enhancement of properties of historical, cultural, archeo-
logicaL and architecturallnerit are in the interests of the health, prosperity, and we I fare of the people of Monroe County.
Therefore, this chapter and Chapter 9.70 is intended to:
A. Effect and accomplish the protection and enhancement of buildings, structures, ilnprovements, landscape features)
and archeological resources of sites and districts which represent distinctive elelnents of the county's cultural, social, eco-
nomic, political, scientific, prehistoric, and architectural history~
B. Safeguard the county"s historical, cultural, archeological, and architectural heritage, as embodied and reflected in
such individual sites, districts, and archeological areas~
C. Foster civic pride in the accomplishments of the past~
D. Protect and enhance the county"s attraction to visitors and thereby support and stimulate the econolny~
E. Promote the use of individual sites and districts for the education, pleasure, and welfare of the people of Monroe
County: and
F. Acknow ledge historic property with minimal cost to the property owner. (Prior code S 9.5-45 1 )
9.68.020 Definitions.
For the purposes of this chapter, the terms and phrases listed below shall have the following meanings:
~~Certificate of appropriateness" means an authorization for work to be done to a designated historic property. A certifi-
cate of appropriateness is not a building pertnit. A county building permit shall be issued prior to the commencement of
work on an historic structure. There are two types of certificates:
1. Regular certificate of appropriateness issued by the planning director for ordinary repairs or maintenance to a des-
ignated historic property~ and
2. Special certificate of appropriateness issued directly by the historic preservation commission for the renovation,
rehabilitation, restoration, or demolition of a designated historic property, or for permission to dig in the case of an archeo-
logical landmark. All renovation, rehabilitation, restoration, or demolition of historic public property shall also be approved
by the board of county commissioners, following recommendation by the historic preservation commission.
~~Detnolition" means the complete constructive removal of a building, structure, or object on any site.
~~Demolition by neglect" Ineans abandonlnent of a building or structure by the owner resulting in such a state of deterio-
ration that its self-destruction is inevitable., or where detnolition of the building or structure to remove a safety hazard is a
likely result.
~~Designated historic property" means a building, site, structure, or object that is designated as an archeological, histori-
cal, or cultural landmark under this chapter and Chapter 9.70.
~~Improvement" Ineans changes in the condition of real property brought about by the expenditure of labor or money for
restoration., renovation., rehabilitation., or reconstruction of designated historic properties.
506
9.68.030
~~Historilc preservation commission," referred to in this chapter and Chapter 9.70 as the HPC, Ineans the board of citizens
appointed by the board of county comlnissioners to perform the functions delegated to it by this chapter and Chapter 9.70.
~~National Register of Historic Places" means the list of historic properties significant in American history, architecture,
archeology" engineering, and culture, maintained by the Secretary of the Interior, as established by the National Historic
Preservation Act of 1966 (16 USCA 470), as amended.
~~Ordinary repairs or maintenance" means the work done to prevent the deterioration of a building or structure, or any
part of a building or structure, by keeping the building or structure as nearly as practicable to its condition before any dete-
rioration, d(~cay, or damage.
~~Reconstruction" means that process of reproducing by new construction, the exact form and detail of a den10lished
building, structure, or object, as it appeared at a certain point in time.
~~Renovation or rehabilitation of historic sites," or the portion(s) of those sites that have historical or cultural significance,
means the act or process of returning a property to a state of utility through repair or alteration that makes possible an effi-
cient conternporary use while preserving those portions or features of the property that are significant to its historical, archi-
tectural, cultural, and archeological values. For historic properties, or the historic portions of such properties that are of ar-
cheological significance or that are severely deteriorated, "renovation or rehabilitation" means the act or process of applying
measures designed to sustain and protect the existing form and integrity of a property, or reestablishing the stability of an
unsafe or deteriorated property while maintaining the essential form of the property as it presently exists.
~~Restoration" means the act or process of accurately recovering the form and details of a historic property and setting, as
it appeared at a particular period of time, by means of the removal of later work or by the replacelnent of missing earlier
work.
~~Undue economic hardship" means an inordinate burden on the owner's use of his or her property or, in the case of prop-
erties producing income at the time of the application for a special certificate of appropriateness, failure to achieve a reason-
able econonnic return as measured against commercial properties of similar nature and location as expected by Inarket
conditions. {Prior code ~ 9.5-452)
9.68.030 Historic preservation commission.
A.Historic Preservation Commission. The historic preservation commission (HPC) is a governmental agency of the
county. The HPC is vested with the authority to designate and regulate historical properties within the unincorporated area
of the county as prescribed in this chapter and Chapter 9.70.
B. Appointtnent and Melnbership Qualifications. The HPC consists offive members appointed by the board of county
commissioners. Each member shall be a resident of the county at the time of appointment and during his or her tenn( s) in
office. To the extent possible, the board of county commissioners shall appoint four individuals who are professionals in
any of the disciplines of architecture, history, architectural history planning, archeology~ or other historic preservation re-
lated disciplines such as urban planning, American studies, cultural geography, or cultural anthropology. The board of
county comlnissioners shall also appoint one lay individual with a demonstrated special interest, experience, or knowledge
in history, architecture, archaeology, or related disciplines.
C. MeJ:nbership Removal, Terms, and Vacancies. HPC members serve overlapping terms of three years. Initially two
members shall be appointed to one-year terms and three members to two-year tenns. After the initial appointments, all ap-
pointments are for three years. HPC members serve without compensation, but are entitled to the reimbursement of ex-
penses as provided in F .S. ~ 112.61. A member may be removed from office prior to the expiration of his or her term for
cause by a lllajority vote of the board of county commissioners. However, a member will automatically vacate his or her
seat if the Inember fails to attend four meetings in a calendar year. When a vacancy in office due to absence occurs, the
board of county commissioners shall appoint a replacement to serve out the remainder of the vacated member's term, within
sixty (60) days.
D. Organization and Administration. The Inembers of the HPC shall elect a chairperson and vice chairperson, for a
one-year tenn each. The chairperson or, in the absence of the chairperson, the vice-chairperson, shall preside at all meetings
and may vote. The planning director shall designate staff to advise and provide clerical support to the HPC. The HPC secre-
tary, designated by the planning director, shall record and transcribe the minutes of all commission meetings. The attorney
assigned to the growth Inanagement division shall be the attorney to the HPC. The planning director shall be the custodian
of all HPC n~cords. The HPC shall meet at least once per month at a date and tilne established by the HPC, unless there is
no business pending. However, regardless of the lack of pending business, the HPC shall meet at least six times during a
507
9.68.040
calendar year. To the maximum extent practicable, HPC meetings shall be held at locations throughout the Upper, Middle~
and Lower Keys, that are closest in proxilnity to the majority of discussion itelns on the agenda.
E. Notice. Notice of meetings required under this chapter and Chapter 9.70 shall be given in accordance with Section
9. 10.050 of the Monroe County Code.
F. Public Hearings. Hearings required under this chapter and Chapter 9.70 shall be conducted in accordance with Sec-
tion 9. I O.060(C) of the Monroe County Code.
G. Powers and Duties. The HPC has the following powers and duties:
I . Adopt and amend rules of procedure to the extent such that they are not inconsistent with this title, or the laws of
Florida~
2. Make recomlnendations to the board of county cOlnmissioners to designate historic property, and ifnecessary, rec-
omlnend rescission of such designations~
3. To issue or deny certificates of appropriateness in accordance with this chapter and Chapter 9.70~
4. To entertain appeals of the planning director's denial of certificates of appropriateness, and reporting the HPC~s
findings to the planning director for action~
5. Determine whether a substantially damaged designated historic building, structure, object, or site Inay be recon-
structed using the criteria set forth in Section 9 .68.050(D)~
6. Determine whether an historic designation should be rescinded~
7. Advise the planning commission and the board of county cOlnmissioners on all matters related to historic preserva-
tion policy, including the use, administration, and maintenance of publicly-owned historic properties~
8. Recolnmend land developlnent regulations, comprehensive plan amendments, and building code amendments to the
planning director to assist in the preservation of historic properties~
9. Make recommendations on nominations of historic property to the National Register of Historic Places~
10. Recommend to the board of county commissioners, financial and technical incentive programs to further the objec-
tives of historical preservation~
1 I. Prepare and maintain a publicly-accessible survey identifying historic buildings, sites, structures, objects, and ar-
cheological sites in unincorporated Monroe County, which are to become part of the Florida Site File~
12. PrOlnote the awareness of historic preservation and its community benefits~
13. Identify and recommend to the board of county commissioners, sources for grant assistance from state, federal, and
private sources for the purpose of historic preservation~
14. Provide an annual report to the board of county commissioners detailing the actions of the historic preservation
commission during the prior year and the current state of historic preservation in the unincorporated area of the county~
15. Assist county staff in the application for county certification from the state Historic Preservation Officer as a certi-
fied local government~
16. Members of the HPC and its staff should attend pertinent informational or educational meetings, workshops, and
conferences, once a year with compensation and prior written notice~
17. Seek expertise on matters requiring evaluation by professionals of a discipline not represented~ and
18. Perform any other duty assigned to it by the board of county commissioners. (Prior code S 9.5-453)
9.68.040 Criteria for the designation of historic properties.
A. The HFC may recommend the designation as historical property those buildings, sites, structures, or objects, that
possess integrity of location, design, setting, materials, workmanship, feeling, and association as follows:
I. That are significant in the history of the county, the state of Florida, or the United States, or are associated with
events that are significant in the history of the county, the state of Florida or the United States;
2. That are associated with lives of individuals significant in the past;
3. That embody the distinctive characteristics of a type, period, or Inethod of construction, or that represent the work
of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components
may lack individual distinction; or
4. That have yielded or may be likely to yield information important in prehistory or history.
B. Ordinarily cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used
for religious purposes, structures that have been moved from their original locations, reconstructed historical buildings,
properties primarily commemorative in nature, and properties that have achieved significance within the past fifty (50)
508
9.68.050
years., may not be recommended for designation as historical properties by the HPC. However., such properties may be des-
ignated if they fall within the following categories:
I. A religious property deriving primary significance froln architectural or artistic distinction., or historical ilnpor-
tance~
2. A building or structure removed from its original location but which is significant primarily for architectural value.,
or which is the surviving structure lnost importantly associated with an historic person or event~
3. A birthplace or grave ofa historical figure of outstanding importance if there is no appropriate site or building di-
rectly asso(~iated with his or her productive life~
4. A celnetery which derives its primary significance from the graves of individuals of transcendent importance., from
age., from distinctive design features., or from association with historic events~
5. A reconstructed building., when done in accordance with this chapter and Chapter 9.70~
6. A property primarily commemorative in intent if design., age., tradition., or symbolic value has invested it with its
own exceptional significance~ or
7. A property achieving significance in the past fifty (50) years., if it is of exceptional importance. (Prior code S 9.5-
454)
9.68.050 Historic designation process.
A. Initiation of Historic Designation Process. The designation process under this chapter and Chapter 9.70 shall be
initiated by the submission of an application requesting historic designation to the planning departlnent., on a form pre-
scribed by the planning director., by either the owner of the proposed historic property or any third party with the concur-
rence of the: owner.
1. Thl~ planning director shall have fifteen (15) working days to determine if the application is complete. If the plan-
ning director finds that the application is not complete., he or she shall serve written notice to the applicant specifying the
application ~ s deficiencies. The planning director shall take no further action on the application unless the deficiencies are
remedied.
2. If the planning director fails to make a determination of completeness within fifteen (15) working days., the applica-
tion is deelTled complete.
3. Once the application is deemed complete., the planning director shall prepare a designation report with recommen-
dations for submittal to the historic preservation commission., and advertise and schedule a public hearing for consideration
by the HPC of the requested designation in a manner prescribed by Sections 9.68.030(E) and (F).
B. Action by the Historic Preservation COlnmission on the Proposed Designation. Following the conclusion of the
public hearing., the HPC shall render., by written resolution., its decision recommending approval or denial of a proposed
historic property designation. The resolution shall include the elements set forth in Section 9.1 0.070(B). If the resolution is
one recolnrrlending approval of the designation., the resolution shall accurately describe all character-defining elements of
the property.
C. Action by the Board of County Commissioners. The board of county commissioners shall consider the proposed
designation and recommendations of the HPC and the planning director., and shall act to designate the property as historic.,
or reject the proposed designation by way of resolution. If the resolution designates the property as historic., the property
owner shall be furnished a copy of the BOCC resolution by certified mail after its filing by the clerk of the circuit court.
D. Reconstruction of Substantially Damaged Historic Sites. When a designated historic building., structure., object., or
site has been substantially dalnaged., the HPC shall determine through an evaluation of architectural integrity., whether the
building., structure., object., or site can be reconstructed using the following criteria:
1. Whether there is sufficient evidence such as photo-documentation., measured drawings., or other physical evidence
to accurately depict the form and detail of the original resource~
2. Whether the original construction Inaterials., or substitute materials that are sufficiently similar so as to convey the
original qualities of construction., are readily available~
3. Whether the interior spaces are especially significant to the form and function of the building. Ifso., the HPC shall
define the paralneters necessary to adequately convey those interior spatial characteristics as requirements in the reconstruc-
tion effort~
4. Wh,ether the applicant has demonstrated a commitment to the reconstruction effort by making every reasonable
effort to preserve or salvage the remaining significant features of the property~
509
9.68.060
5. Whether there are other unique factors or circumstances that would make reconstruction desirable.
If the HPC determines that a historic designated building, structure, object, or site lnay be reconstructed, the property
owner lnay submit a reconstruction plan for consideration based on the criteria enumerated in subsection E of this section. If
the property owner chooses not to reconstruct, the HPC lnay recolnmend rescission of the historic designation using the
procedure stipulated in subsection F of this section.
E. Reconstruction Criteria. Reconstruction of a historic designated site shall be carried out in accordance with the fol-
lowing criteria.
1. Reconstruction shall be used to depict nonsurviving portions of a property when such reconstruction is essential to
the public understanding of the property, and documentary and physical evidence is available to permit accurate reconstruc-
tion.
2. Reconstruction of a building, landscape, structure, or object in its historic location shall be preceded by a thorough
archeological investigation identifying and evaluating those features and artifacts, which are essential to an accurate recon-
struction. If such resources Inust be disturbed, Initigation measures shall be undertaken.
3. Reconstruction shall include measures preserving any remaining historic lnaterials., features, and spatial re lation-
ships.
4. Reconstruction shall be based on the accurate duplication of historic features and elelnents substantiated by docu-
mentary or physical evidence rather than on conjectural designs or the availability of different features froln other historic
properties. A reconstructed property shall recreate the appearance of the nonsurviving historic property in materials., design.,
colors, and texture.
5. All reconstructions shall be clearly documented as being contemporary recreations.
F. Alnendment or Rescission of Designation. An historic designation Inay only be amended or rescinded by comply-
ing with the saIne procedures as the original approval. However., the planning director"s report need only contain a recom-
mendation to grant or deny the rescission or amendment., and the reasons therefor.
1. The HPC resolution recommending rescission of the designation shall be based on competent and substantial evi-
dence supporting the rescission.
2. Final approval of rescission shall come from the board of county commissioners.
3. Ifrescission is the result ofa request by the property owner., or as a result of the demolition of the historic structure
by the property owner, the board of county commissioners may revoke the ad valorem tax exemption as stipulated in Sec-
tion 9.70.050. (Prior code ~ 9.5-455)
9.68.060 Certificates of appropriateness.
A. Certificate of Appropriateness Required. Except as provided herein, a building, moving, or demolition permit or
any other developInent order., shall not be issued for a designated historic property until a certificate of appropriateness is
awarded. However, a certificate of appropriateness is not required for the issuance of any building pennits for interior iln-
provelnents to a designated historic property, unless the interior of the subject historic property is cited as significant in the
property" s designation.
B. Regular Certificate of Appropriateness. A regular certificate of appropriateness is required for ordinary repair and
maintenance that requires a building permit., except as provided for in subsection A of this section. A regular certificate shall
be issued for any work that will, to the satisfaction of the planning director., not change the appearance of the building, struc-
ture., or object. The owner of a designated historic property who desires a regular certificate of appropriateness shall file an
application with the planning department, on a form prescribed by the planning director. Upon the receipt of a complete
application for a regular certificate of appropriateness., the planning director shall approve the application, deny it, approve it
with conditions, or pass the application on to the HPC for further review. If the decision is to deny or pass the application to
the HPC., the planning director shall notify the owner of the decision by certified mail. A denied application shall include an
explanatory statement of the planning director"s basis for his or her decision. The planning director's decision may be ap-
pealed pursuant to Chapter 9.82.
C. Special Certificate of Appropriateness. A special certificate of appropriateness shall be required prior to the issu-
ance of a building permit and shall be issued for any work involving the substantial improvement., relocation~ or new con-
struction that will result in a change to the original appearance ofa designated historic property. The owner ofa designated
historic property who desires a special certificate of appropriateness shall file an application with the planning department
on a fonn prescribed by the planning director. The application shall contain the full plans and specifications., a site plan., and
510
9.68.060
if deemed applicable, samples of any materials necessary to fully describe the proposed appearance, colors, texture, materi-
als, and design of the building or structure, any outbuilding, wall, courtyard, fence, unique landscape feature, paving, sign-
age, and exterior lighting. The information shall be adequate to enable the HPC to visualize the effect of the proposed work
on the historic property. When the planning director determines that the application is complete, he or she shall schedule
and notice the application for a public hearing before the HPC, in accordance with Section 9.68.030. In determining whether
to grant or deny the application, or grant it with conditions, the HPC shall evaluate the application according to a set of
guidelines based on the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings. ,t\.t the conclusion of the public hearing, the HPC shall, by written resolution; grant, deny, or grant with condi-
tions, the application. The resolution shall contain the elelnents set forth in Section 9.10.070, together with an explanation of
the basis for the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary shall send a
certified copy of the resolution by registered lnail to the applicant.
D. Delnolition. A special certificate of appropriateness is required before a demolition permit may be issued for the
removal of all or a portion of a designated historic site. This subsection shall not apply to a delnolition order issued by a
governmenltal agency with jurisdiction to issue such orders, or a demolition order ofa court of competent jurisdiction. If the
owner ofa designated historic site desires to demolish any significant feature(s), they shall file an application for a special
certificate of appropriateness with the planning department, on a form prescribed by the planning director. The application
shall detail the reasons why demolition is necessary and shall provide detailed plans for the reuse of the historic site.
I. Ifundue economic hardship is clailned as the basis for demolition, the application shall contain the following in-
formation:
a. The amount paid for the property, the date of purchase, and the party from whom it was purchased;
b. The assessed value of the land and improvements thereon according to the two most recent property tax assess-
ments;
c. The amount of real estate taxes assessed for the previous two years;
d. The annual debt service, if any for the previous two years;
e. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase,
financing, or ownership of the property;
f. Al I listings of the property for sale or lease, including the price asked and any offers received; and
g. Any profitable adaptive uses for the property which have been considered by the owner.
2. Ifundue economic hardship is claimed for income-producing property, the application shall include the following
information:
a. Th{~ annual gross incolne from the property for the previous two years;
b. Iternized operating and maintenance expenses for the previous two years; and
c. Tht~ annual cash flow, if any, for the previous two years.
3. When the planning director determines that the application is complete, he or she shall schedule the application for
a public hearing before the HPC and cause notice of the public hearing to be given. In determining whether to grant or deny
the application, the HPC shall evaluate the application according to the following standards:
a. Whether the building or structure is of such design, craftsmanship, or materials that it could be reproduced only
with great difficulty or expense;
b. Whether the building or structure is one of the last remaining examples of its kind in the neighborhood or county;
c. Whether retention of the building or structure would promote the general welfare of the county by providing an
opportunity for the study of local history or prehistory, architecture and design, or by developing an understanding of the
importance and value of a particular cultural heritage;
d. Whether there are plans for the reuse of the property if the proposed demolition is carried out, and the effect of
those plans on the character of the surrounding area;
e. Whether the denial of the application will result in an inordinate burden being placed on the owner's use of the
property .
4. At the conclusion of the public hearing, the HPC shall, by written resolution, grant, grant with conditions, or deny
the application. The resolution shall contain the elements set forth in Section 9.1 0.070(B), together with an explanation of
the basis for the HPC's decision. Upon the filing of the resolution with the secretary to the HPC, the secretary shall send a
copy of the n;~solution, by certified mail, to the applicant. If the HPC grants the application for a special certificate for demo-
lition, it may delay the effective date of the certificate for ninety (90) days to allow the HPC to take such steps as it deelns
511
9.68.070
necessary to preserve the historic property. Such steps may include~ but are not limited to~ consultation with civic groups~
public agencies~ and interested citizens~ recommendations for the acquisition of the historic property by public or private
bodies or agencies~ or moving the building or structure to another location. The delay of the effective date of the resolution
shall also extend the thirty (30) day appeal period as provided in Chapter 9.80; to one hundred twenty (120) days froln the
filing date of the resolution with the secretary to the historic preservation commission.
E. Archeological Landlnark. A special certificate of appropriateness is required before a building pennit or other de-
velopment order may be issued for a designated historic property that contains an archeological landmark or known archeo-
logical site. This subsection does not apply to digging or other excavation conducted by entities devoted to scientific and
archeological research or education~ when conducted solely for the purposes of research and education. An owner of an ar-
cheologicallandmark or known archeological site~ who desires to develop it~ shall file an application for a special certificate
of appropriateness with the planning departlnent on a fonn prescribed by the planning director.
I. The application shall describe in detail the development proposed for the archeological landmark together with a
proposed site plan. The application shall also contain the following:
a. A scientific evaluation of the site by an archeologist (including excavation if detennined necessary by the archeolo-
gist) at the applicanfs expense~
b. An archeological survey ~ conducted by an archeologist~ containing an analysis of the ilnpact of the proposed devel-
opment on the archeological site;
c. A proposal for mitigation measures~ and
d. A proposed plan for the protection or preservation of all significant parts of the archeologicallandlnark.
2. When the planning director determines that the application is complete~ he or she shall schedule the application for
a public hearing before the HPC and cause notice of the public hearing to be given. In detennining whether to grant~ deny~
or grant with conditions~ the application~ the HPC shall consider the application according to the following factors.
a. The extent to which the proposed developlnent will alter~ disturb~ or destroy the archeological landlnark~
b. The rarity or significance of the archeological landmark is within the county;
c. Whether Initigation or a redesign of the proposed development will allow the archeological landmark to be pre-
served intact while allowing the owner a reasonable econolnic return on his or her property;
d. Whether a denial of the application will result in an inordinate burden being placed on the owner~s use of his or her
property.
3. At the conclusion of the hearing~ the HPC shall~ by written resolution; grant~ deny ~ or grant with conditions~ the
application. The resolution shall contain the elements set forth in Section 9.1 0.070(B)~ together with an explanation of the
HPC~s decision. Upon the filing of the resolution with the secretary to the HPC~ the secretary shall send a copy of the reso-
lution~ by certified mail~ to the applicant. (Editorially alnended during 2004 codification; prior code S 9.5-456)
9.68.070 Nonconforming structures.
A. Authority to Continue. Nonconforming structures that are designated historic shall be permitted to continue in ac-
cordance with Section 9.26.040~ except as provided below.
B. Flood Elevation Requirements. Structures that are designated historic shall be exempt froln FEMA flood elevation
requirements in accordance with Section 9.44.040.
c. Substantial Improvements. A nonconforming structure that is designated historic may be substantially improved in
accordance with the provisions of Sections 9.68.050(D)~ and ifnecessary~ Chapter 9.78 of this code. (Prior code S 9.5-457)
9.68.080 Maintenance of designated historic property.
A. Nothing in this chapter and Chapter 9.70 shall be construed to prevent the ordinary maintenance~ repair. or im-
provelnent~ which does not involve a change of design~ appearance~ or material, or prevent ordinary maintenance of land-
scaping features.
B. Where the HPC detennines that a designated historic building~ structure~ object~ or site., is endangered by lack of
Inaintenance and repair~ it shall notify appropriate officials of the county ~ so that the county may seek correction of such
deficiencies under authority of applicable laws and regulations.
C. In the event the building official determines that any designated historic structure is unsafe pursuant to Section
103.5 of the Standard Building Code~ he or she shall ilnmediately notify the HPC of such findings. Where feasible within
applicable laws and regulations~ the building official shall endeavor to have the structure repaired rather than demolished
512
9.68.090
and shall take into consideration any comlnents and recommendations of the HPC. The HPC may take appropriate actions to
effect and accomplish preservation of such structure including., but not lilnited to., negotiations with the owner and other
interested parties., provided that such actions do not interfere with procedures in Section 103 of the Standard Building Code.
(Prior code ~ 9.5-458)
9.68.090 Appeals.
Appeals from decisions of the historic preservation cOlnmission under this chapter and Chapter 9.70 shall be pursuant to
Chapter 9.80., except that where '''secretary to the planning comlnission" and ""planning commission" are referred to in Chap-
ter 9.80., those phrases shall be read as referring to the "secretary to the historic preservation commission'" and ~'historic
preservation comlnission.," respectively. (Prior code S 9.5-459)
9.68.100 Assignment of the planning director's duties and fees.
A. The board of county commissioners Inay enter into an agreelnent with the Historic Florida Keys Foundation (the
foundation) assigning to the foundation., some or all of., the duties of the planning director under this chapter and Chapter
9.70.
B. Thl~ board of county commissioners may., by resolution., establish a schedule of fees for the applications and appeals
provided for in this chapter and Chapter 9.70. (Prior code S 9.5-460)
513
9.70.010
Chapter 9.70
TAX EXEMPTION FOR HISTORIC PROPERTIES
Sections:
9.70.010
9.70.020
9.70.030
9.70.040
9.70.050
9.70.060
9.70.070
Definitions.
Ad valorem tax exemption authorized for improvements to historic properties.
Properties eligible for the ad valorem tax exemption-Procedure for obtaining the
exem ption.
Additional ad valorem tax exemptions for properties open to the public.
Loss of exem ption.
Ad valorem tax exemption resolutions to be furnished to the property appraiser.
Chapter nonexclusive.
9.70.010 Definitions.
As used in this chapter:
~~Division~~ Ineans the Division of Historical Resources of the Florida Department of State.
~~Historic property~~ means a building~ site~ structure or object that is designated as an archeological~ historical or cultural
landtnark under this chapter and Chapter 9.68.
~~Improvetnents~~ mean changes in the condition of real property brought about by the expenditure of labor or Inoney for
the restoration~ renovation or rehabilitation ofhistoric properties. Improvements include additions and accessory structures
(e.g.~ a garage) necessary for efficient contemporary use.
~~Foundation~~ means the Historic Florida Keys Foundation.
Renovation or Rehabilitation. For historic properties~ or the portiones) of those properties that have historical or cultural
significance~ ~~renovation~~ or ~~rehabilitation~~ means the act or process of returning a property to a state of utility through
repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the
property that are significant to its historical~ architectural~ cultural and archeological values. For historic properties~ or the
historic portions of such properties that are of archeological significance or that are severely deteriorated~ ~~renovation" or
~~rehabilitation~~ means the act or process of applying measures designed to sustain and protect the existing form and integ-
rity of a property~ or reestablish the stability of an unsafe or deteriorated property while maintaining the essential form of
the property as it presently exists.
~~Restoration~' means the act or process of accurately recovering the form and details of a historic property and setting as
it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier
work. (Prior code ~ 9.5-461)
9.70.020 Ad valorem tax exemption authorized for improvements to historic properties.
The board of county commissioners may grant an ad valorem tax exemption of one hundred (100) percent of the assessed
value of all improvelnents that result from the restoration~ renovation~ or rehabilitation of such properties~ after the board~ s
receipt of a recommendation from the division as provided elsewhere in this chapter. The exemption only applies to real
property and only to taxes levied by the board of county commissioners. The exetnption does not apply to any taxes levied
for the payment of bonds or to taxes authorized by a vote of the electors pursuant to Section 9(b) or Section 12~ Art. VI I ~
Florida Constitution. In order for the improvetnents to historic property to qualify for the ad valorem tax exemption~ the
ilnprovements lnust have been made on or after the effective date of this chapter. All exemptions granted under this chapter
will be for a term often (10) years. (Prior code ~ 9.5-462)
9.70.030 Properties eligible for the ad valorem tax exemption-Procedure for obtaining the exemption.
A. Only property described as historic property in Section 9.70.0 I 0 and located within the unincorporated county is
eligible for an application for the ad valorem tax exemption authorized by Section 9.70.020.
B. The division is designated as the representative of the board of county commissioners for reviewing applications for
the tax exemption authorized by Section 9.70.020. The foundation is designed as the representative of the board of county
comlnissioners for receiving tax exemption applications and forwarding those applications to the division. The foundation is
514
9.70.030
also designated as the representative of the board of county commissioners for the purpose of receiving division recomlnen-
dations and forwarding those recommendations to the board of county cOlnmissioners. All applications for ad valorem tax
exemptions submitted to the foundation pursuant to this chapter must be accolnpanied by a one hundred dollar ($ I 00.00)
application fee payable to foundation to cover the costs of review and assistance to the applicant. The board of county
commissioners reserves the right to monitor the use of the application fees received by the foundation in order to assure that
those funds are used for the purpose authorized by this chapter.
C. The standards for the review, recommendation, and approval or denial of ad valorem tax exemption applications are
set forth in Rules I A-38.003-1 A-38.005, F AC. Those rules are incorporated into this chapter by reference.
D. Any person, firm or corporation that desires an ad valorem tax exemption for improvements to historic properties
must, before commencing construction, file with the foundation the preconstruction portion of the division's two-part His-
toric Preservation Property Tax Exemption Application (DOS Form No. HR3El 0 1292 or any substitute form designated by
the division). Once the foundation staff determines that the preconstruction application is cOlnplete, the stafflTIust prolnptly
forward thE~ application to the division for review and comment. If determined to be incomplete, the application must be
returned to the applicant for correction. However, if an applicant requests that his or her application be forwarded to the
division, although the foundation staff determined that the application is incomplete, then the staff must forward the applica-
tion to the division along with a memorandum that notes the deficiencies determined by the staff.
E. Once the division receives a preconstruction application from the foundation staff, the division must review the
application pursuant to the procedures and standards set forth in Rules IA-38.003-IA038.005, F AC. Written copies of the
division's r,ecommendations must be sent to the applicant and the foundation. If the division's recommendation finds that
the proposed work is inconsistent with the standards of Rule 1 A-38.005, F AC, then the foundation stall is directed to assist
the applicant in making any of the recommended corrections to the proposed work recommended but only to the extent that
the foundation staff is professionally qualified to do so. Failure of the applicant to correct the planned work, as reCOln-
Inended by the division, may result in the denial of the ad valorem tax exemption by the board of county cOlnmissioners
when the work is finally completed.
F. When the applicant has completed the work, the applicant must file with the foundation the request for review of
completed '\Iork (request for review) portion of DOS form described in subsection D of this section, together with any sup-
porting matterials required by the division. If the foundation staff determines that the request for review is complete, then the
staff must promptly forward it to the division for review and recomlTIendation. If the request for review is determined to be
incomplete by the foundation staff, then it must be returned to the applicant for correction. However., if an applicant requests
that his or hl~r application be forwarded to the division, although the foundation staff determined that the request for review
is incomplete., then the staff must forward the request to the division along with a memorandum that notes the deficiencies
determined by staff.
G. When the division receives a request for review, the division must review the request pursuant to the procedures
and standards set forth in Rules lA-38.003-IA-38.005, FAC. On completion of its review ofa request for review of com-
pleted work, the division must recommend to the board of county commissioners that they grant or deny the ad valorem tax
exemption. The recommendation., and the reasons therefor, must be provided in writing by the division to the applicant and
the foundation. A recommendation to grant the exemption constitutes certification by the division that the property for
which the exemption is sought meets the requirements of Rules I A-38.003-1 A-38.005, F AC. F.S. ~ I96.I997( 11 )(a), and
this chapter.. Upon receipt of the division's recommendation., the foundation staff must forward the recommendation, to-
gether with the entire application, to the county administrator's office for placement on the public hearing agenda of the
board of county commissioners. If the division's recommendation is to deny the ad valorelTI tax exemption, and the appli-
cant timely l~lects to pursue a F.S. Ch. 120, administrative appeal of that recommendation, then the board of county com-
Inissioners rnay not take any action on the recommendation until the final resolution of the appeal.
H. At the scheduled public hearing, a majority vote of the board of county commissioners may, by written resolution,
grant or deny the application for an exemption from ad valorem taxes authorized by Section 9.70.020. Ifgranted, the resolu-
tion must contain the following:
I. ThE~ name of the owner, the address of the historic property and the legal description of the property, for which the
exemption is granted;
2. The' effective date of the ten (10) year exemption;
3. A finding that the exelnption lneets the requirements of Sec. F.S. ~ 196.1997, Rules I A38.003-1 A-38.005., F AC,
and this chapter.
515
9.70.040
If denied., the written resolution must state the reasons for the denial.
I. Before the effective date of the exemption., and as a condition precedent to the exelnption taking effect., the owner
of property must execute the historic preservation property tax exelnption covenant and record the covenant with the deed
for the property in the official records of the county. The historic preservation property tax exemption covenant is incorpo-
rated into this chapter by reference. (Prior code ~ 9.5-463)
9.70.040 Additional ad valorem tax exemptions for properties open to the public.
A. Ifan ilnprovement qualifies as a historic property for an ad valoreln exelnption under Section 9.70.020., the prop-
erty is used for nonprofit or governmental purposes as set forth in Rule 1 A-38004( 4)., F AC., and the property is regularly and
frequently open for the public's visitation., use., and benefit as set forth in Rule] A-38.004(5)., F AC., then the board of
county commissioners is authorized to grant an exemption from ad valorem taxation of up to one hundred (100) percent of
the assessed value of the property. as ilnproved. ifall the other applicable provisions of Sections 9.70.020 and 9.70.030 are
complied with~ provided., however., the assessed value of the ilnprovelnents must be equal to at least fifty (50) percent of the
total assessed value of the property as improved. The exemption provided for in this section applies only to real property to
which ilnprovements are made by or for the use of the existing owner. In order for the property to qualify for the exemption
provided for in this section., any such improvelnents must be Inade on or after the effective date of this chapter. (Prior code
~ 9.5-464)
9.70.050 Loss of exemption.
A. The board of county commissioners may revoke an ad valorem tax exemption granted pursuant to this chapter if:
I. The owner is in violation of the historic preservation tax exemption covenant~
2. The property has been damaged by accident or natural causes to the extent that the historic integrity of the features.
materials., appearance., workmanship and environment., or archaeological integrity that made the property eligible for desig-
nation under this chapter and Chapter 9.68., have been lost or so dalnaged that restoration is not feasible~
3. In the case of an exemption granted pursuant to Section 9.70.040., the property is sold or otherwise transferred from
the owner who made the application and was granted the exelnption or the property no longer meets the requirements set
forth in Section 9.70.040 and Rule IA-38.004(4) and (5)., FAC.
B. If the county administrator determines that an event described in subsection A of this section has occurred., he or
she lnust schedule a public hearing before the board of county commissioners requesting that the board revoke the ad
valoreln tax exelnption. The administrator must furnish the property owner with a written notice of the hearing., stating the
time., date and place of the hearing., together with a written summary of the reason(s) that the revocation is being requested.,
and a statement that the owner will have an opportunity to be heard and to present witnesses or offer other evidence as to
why the exemption should not be revoked. The hearing before the board of county commissioners Inay be informally con-
ducted. At the hearing., the county administrator (or designee) and the property owner (or designee) may present witnesses
or other evidence they believe is relevant. Although the formal rules of evidence will not apply., the mayor may reject prof-
fered testilnony or evidence that is irrelevant or repetitive. Following the hearing., the board of county commissioners lnay.
by majority vote., revoke the exemption., in which case the exemption will no longer be in effect. or the board may determine
that the event(s) described in subsection A of this section did not occur or., if they did occur. were insufficient to justify re-
voking the exelnption., in which case the exemption will remain in effect. All determinations made by the board of county
commissioners pursuant to this section must be memorialized in a written resolution. (Prior code S 9.5-465)
9.70.060 Ad valorem tax exemption resolutions to be furnished to the property appraiser.
The clerk., on behalf of the board of county comlnissioners., must deliver a certified copy of each resolution granting or
revoking a historic preservation ad valOrelTI tax exemption to the property appraiser. Upon certification of the assessment
roll., or recertification., if applicable pursuant to F.S. ~ ] 93.] 22., for each fiscal year for which this chapter is in effect., the
property appraiser. must report the following information to the county commission:
A. The total taxable value of all property within the county for the current fiscal year~
B. The total exempted value of all property within the county that has been approved to receive historic preservation
ad valorem exemption for the current fiscal year. (Prior code S 9.5-466)
516
9.70.070
9.70.070 Chapter nonexclusive.
This chapter authorizes ad valoreJTI tax exemptions for ilTIprOVements to historic property and a procedure for the Bacc
to grant such exemptions. This chapter does not supersede"! or in any way excuse compliance with"! any county ordinance
regulating the use of land or the construction"! repair or renovation"! of buildings"! or other structures. (Prior code 9 9.5-467)
517
9.72.010
Sections:
9.72.010
9.72.020
9.72.030
9.72.040
9.72.050
9.72.060
9.72.070
9.72.080
9.72.090
9.72.100
Chapter 9.72
AREAS OF CRITICAL COUNTY CONCERN
Purpose.
Standards for designation of areas of critical county concern.
Procedures for designation.
Th reshold designations.
Effect of designation of area of critical county concern.
Development review in an area of critical county concern.
Development impact report.
North Key Largo Area of Critical County Concern.
Ohio Key Area of Critical County Concern.
Big Pine Key Area of Critical County Concern.
9.72.010 Purpose.
It is the purpose of this chapter to provide procedures and standards for designation of areas of critical county concern
within the county which have special planning and regulatory needs. (Prior code ~ 9.5-471)
9.72.020 Standards for designation of areas of critical county concern.
Areas within the county may be designated areas of critical county concern if the board of county cOlnmissioners deter-
mines that the proposed area is one of special environmental sensitivity., contains important historical or archaeological re-
sources., is characterized by substantial capital improvement deficiencies., or provides significant redeveloplnent opportuni-
ties. (Prior code ~ 9.5-472)
9.72.030 Procedures for designation.
Areas of critical county concern may be designated by the board of county commissioners in accordance with the follow-
ing procedures:
A. A proposed designation may be initiated by the board of county commissioners., the department of planning., or any
citizen. All proposed designations shall be accolnpanied by a boundary description and a narrative of the basis for such des-
ignation.
B. All proposed designations shall be reviewed by the department of planning and the development review cOlTIlnittee.,
and a recommendation shall be sublnitted to the planning cOlnmission. The commission shall conduct a public hearing on
the proposed designation upon receipt of the recommendation of the departlnent of planning in accordance with the provi-
sion of Chapter 9.10. Upon conclusion of the public hearing., the cOlnmission shall submit its recomlnendation for the pro-
posed designation to the board of county commissioners.
C. The board of county commissioners shall consider the recommendation of the planning commission and such addi-
tional testimony and evidence which lnay be presented to thelTI., and adopt or reject the designation with or without modifi-
cations. Such designation shall include specific findings regarding the purpose of the designation., the tilTIe schedule for the
planning effort to be implemented., identification of the sources of funding for the planning and potential iInplementing
mechanisms., delineation of a work prograln., a schedule for the work program and the appointment of an advisory commit-
tee., if appropriate. (Prior code ~ 9.5-473)
9.72.040 Threshold designations.
When the planning department"s annual report., prepared pursuant to Section 9.42.020(B)., identifies areas with specific
service deficiencies., these areas may be designated as areas of critical county concern (ACCC) in accordance with Section
9.72.030. As part of this designation., the planning department shall formulate a work program and management policies for
each designation. Threshold designation areas must meet all requirements of this chapter. While the designation of an area
of critical county concern as a result of a threshold designation does not prohibit developlnent permitting., such designation
is intended to focus planning efforts on areas with marginally adequate public facilities and to ensure that development ap-
518
9.72.050
provals are conditioned so as to minimize the potential of reaching inadequate facilities levels of service which would pre-
clude further developtnent. Areas of Monroe County which meet the following criteria in the annual report may be desig-
nated ACCIC: areas within three miles of any section of U.S. 1, State Road 905 or any secondary road which is operating at
level of service D on a peak hour basis.
A. An:~as within twenty-five (25) miles of a solid waste site with a tninimum expected life capacity of less than five
years;
B. An~as within three miles of any section ofU .S. 1, State Road 905 or any secondary road which is operating at level
of service I) on a peak hour basis.
Additional thresholds for designations may be proposed by the planning director. A threshold ACCC Inay be repealed
only after the deficiencies which caused the designation no longer exist. (Prior code S 9.5-473.1)
9.72.050 Effect of designation of area of critical county concern.
Upon designation of an area of the county under the provisions of this chapter, except for threshold designations, no per-
son shall carry out any development other than development which is specifically authorized in an interim regulation which
is included iln the designation of the area of critical county concern unless a development impact report demonstrating that
the proposed development will have no adverse impact on the values identified as the basis for designation of the area of
critical county concern is approved by the board of county commissioners as part of a major conditional use. (Prior code
S 9.5 -4 74)
9.72.060 Development review in an area of critical county concern.
All development in a designated area of critical county concern shall be considered as a conditional use. (Prior code
S 9.5-475)
9.72.070 Development impact report.
A development itnpact report shall contain a detailed assessment of a proposed development, including the following:
A. A traffic iInpact statement delineating the trips generated by the proposed development, the distribution and lengths
of generated trips and the level of service that will result on all affected roadways;
B. An environlnental impact statement delineating the effect of the proposed development on the number and distribu-
tion of plants and animals on the parcel proposed for development;
C. A fiscal impact statement describing the costs and benefits from the construction and operation of the proposed
developlnent; and
D. An econolnic impact statement describing the economic hardship that would result from requiring the applicant to
await the completion of the work program for the area of critical county concern. (Prior code ~ 9.5-476)
9.72.080 North Key Largo Area of Critical County Concern.
A. NOl1h Key Largo Area of Critical County Concern. The North Key Large Area of Critical County Concern is estab-
lished for that portion of Key Largo located between the junction of State Road 905 and U.S. Route] and the Dade County
boundary at Angel Fish Creek.
B. Purpose. The North Key Largo Area of Critical County Concern is established for the purpose of reconciling the
reasonable investment-backed development expectations of North Key Largo landowners with the need to preserve the
habitat offour species of animals that are listed as endangered under the Endangered Species Act, ] 6 U.S.C. Sections] 531-
43; the American Crocodile (Crododylus acutus), the Key Largo Woodrat (Neotoma floridana smalli), the Key Largo Cot-
ton Mouse (Peromyscus gossypinus allapaticola), and the Schaus Swallowtail Butterfly (Heraclides aristidemus ponceanus).
c. Habitat Conservation Plan for North Key Largo. A gubernatorial study committee established by Executive Order
Number 84-157 is preparing a habitat conservation plan for North Key Largo that will be consistent with the principles es-
tablished in subsection D of this section and is to be submitted to Monroe County for consideration and adoption as a part of
the Monroe County comprehensive plan.
D. Principles for Guiding the Preparation of the Habitat Conservation Plan. The habitat conservation plan ("~HCP") for
North Key Largo shall be prepared in accordance with the following principles:
519
9.72.090
1. At a tninimutTI_ the lands which are designated as conserved habitat within the North Key Largo Area of Critical
County Concern shall be preserved by the fee acquisition~ use of transferable development rights or any other tneans that
provides for the preservation of the lands inperpetuity.
2. The lands designated for possible future development within the North Key Largo Area of Critical County Concern
Inay be suitable for on-site development.
3. An intensive land acquisition effort~ including at a tninimum all conserved habitat within the North Key Largo Area
of Critical County Concern should be undertaken by the state of Florida. It may also be desirable for the state to acquire all
or a part of the areas designated for possible future development within the North Key Largo Area of Critical County Con-
cern.
4. No developtnent shall be carried out within the areas designated for possible future developtnent within the North
Key Largo Area of Critical County Concern prior to August 1 ~ 1988~ in order to provide a reasonable period of time for a
tnajor land acquisition effort to be undertaken~ except for possible minor exceptions for single-family dwellings units in
existing improved subdivisions.
5. Residential dwelling units shall be allocated on an equitable basis to alllands~ including lands owned by the state of
Florida in the North Key Largo Area of Critical County Concern which lie outside of the Crocodile Lakes National Wildlife
Refuse~ between the Ocean Reef Club and the Port Bougainville Developlnent of Regional hnpact (DRI) on the basis of
three thousand five hundred (3~500) residential units. The allocation shall first provide for existing legally vested rights~
including improved subdivisions~ and then allocate the remainder of the three thousand five hundred (3~500) units to unde-
veloped lands. It shall be assumed that the dwelling units allocated to lands currently in state ownership~ or lands acquired
in the future by the state~ will not be developed and that therefore the number of dwelling units actually developed will be
substantially less than the allocated number of dwelling units.
6. No developtnent within the areas designated for possible developlnent shall be carried out unless and until a Section
1 O(a) incidental taking permit authorizing such development has been issued by the United States Secretary of the Interior
and a cOlTIparable authorization has been granted by the Florida Game and Freshwater Fish Commission.
E. Table of Contents. The habitat conservation plan shall contain the general topic areas and considerations set forth in
the interim drafts of the table of contents and Chapters 4 and 5 of the interim drafts submitted by the study committee~ in-
corporated by reference~ subject to further modifications and refinements.
F. Applicability. All developlnent within the North Key Largo Area of Critical County Concern shall comply with
each and every provision of this title and the HCP when adopted. In the event there is any conflict between the provisions of
the HCP and the more general provisions of this title~ the HCP shall control.
On or before October I ~ 1987 ~ the board of county cOlnmissioners shall consider and initiate adoption procedures for a
habitat conservation plan for the North Key Largo Area of Critical County Concern~ and no development shall be carried on
any lands within the area of critical county concern prior to October I ~ 1987 ~ or the effective date of the HCP except for
lands located within the Ocean ReefClub~ the Angler's Club and the Port Bougainville and Garden Cove DRI's and subdi-
visions designated by the board of county comlnissioners as improved subdivision (IS).
The time period specified in Section 9.02.020(B)(4) shall not commence until August l~ 1988, for approved major devel-
opment which would otherwise be entitled to proceed under the provisions of Section 9.02.020(B)(4) but which are prohib-
ited from doing so under the terms of this subsection.
No development permit shall be effective until the issuance of all required permits pertaining to endangered species~ as
required by the u.S. Fish and Wildlife Service and the Florida Galne and Fresh Water Fish Commission. (Prior code
~ 9.5-477)
9.72.090 Ohio Key Area of Critical County Concern.
A. Ohio Key Area of Critical County Concern. The Ohio Key Area of Critical County Concern is established for that
portion of Ohio (Sunshine) Key that 1 ies south of U. S. I described on Land Use District Map N umber 10 of 21.
B. Purpose. The Ohio Key Area of Critical County Concern is established for the purpose of reconciling the reason-
able investtnent-backed expectations of the owners of Ohio Key with the habitat value and environmental sensitivity of the
wetlands system on the Key that serves as a habitat for a variety of wading birds~ including the Piping Plover~ a species
listed as threatened under the Federal Endangered Species Act.
C. Ohio Key Area of Critical County Concern Regulations.
520
9.72.] 00
]. Notwithstanding any other provision of this title, the Ohio Key Area of Critical Concern Inay be developed with
twenty (20) recreational vehicle parking species or camp sites and a bathhouse designed to serve the twenty (20) spaces
provided that:
a. All developlnent other than picnic tables, boardwalks and bird-watching blinds is restricted to the lands identified
on the existing conditions map as 740.3 ~
b. Th,e recreational vehicle parking spaces or campsites are set back at least one hundred (100) feet from the dwarf
Inangrove area shown on the existing conditions map~
c. Thle area which is developed for recreational vehicle parking spaces or campsites and a bathhouse is fenced so as to
control access to the dwarf mangrove, disturbed beach and berm water areas within the Ohio Key Area of Critical County
Concern~
d. No lTIotorized vehicles of any kind or any bicycle, except for maintenance vehicles, shall have access to or shall be
used in the ()hio Key Area of Critical County Concern except for that portion of the area designated as 740.3 on the existing
conditions Inap~
e. Picnic tables are restricted to the areas designated as 740.3 or 740.4 on the existing conditions map~
f. No pets shall be allowed in the Ohio Key Area of Critical County Concern~
g. The concrete refuse previously dUlnped on the land designated as 740.3 on the existing conditions map shall be
removed or buried~
h. No dumping or filling shall be allowed in the Ohio Key Area of Critical County Concern except for filling neces-
sary to carry out the development of the campsites and bathhouse permitted by this subsection and to bury the concrete re-
fuse previously dumped on the land designated as 740.3 on the existing conditions map~
i. All exotic invasive species of plant are removed from the land designated as 740.3 on the existing conditions map
in the Ohio Key Area of Critical County Concern~
j. No insecticides sprayed or fogged in the Ohio Key Area of Critical County Concern~ and
k. All boardwalks or bird-watching blinds to be constructed in the land area designated as 620, 500 or 740.4 on the
existing conditions map shall be reviewed and approved as a minor conditional use subject to the following standards:
i. Th{~ boardwalk or bird-watching blind shall be located so that the flow of water within the Ohio Key Area ofCriti-
cal County C~oncern is not altered, and
ii. Tht~ boardwalk or bird-watching blind shall be located so as to not interrupt wading bird use of the lands designated
as 612 and 500 on the existing conditions map.
2. Except as expressly provided for and modified by the Ohio Key Area of Critical County Concern, all development
in the area shall be subject to each and every provision of this title. (Prior code S 9.5-478)
9.72.100 Big Pine Key Area of Critical County Concern.
A. Big Pine Key Area of Critical County Concern. The Big Pine Key Area of Critical County Concern is established
for the area described on Land Use District Map Numbers 8 and 9 of2].
B. Purpose. The purpose of the Big Pine Key Area of Critical County Concern is to establish a focal point planning
effort direct(~d at reconciling the conflict between reasonable investment backed expectations and the habitat needs of the
Florida Key Deer which is listed as endangered under the Federal Endangered Species Act.
C. Focal Point Planning Program.
]. Monroe County shall initiate a focal point planning program for the Big Pine Key Area of Critical County Concern
that considers the following:
a. The reasonable investment backed expectations of the owners of land within the Big Pine Key Area of Critical
Concern~
b. The habitat needs of the Florida Key Deer~
c. The conflicts between human habitation and the survival of the Florida Key Deer~
d. The role and importance of freshwater wetlands in the survival of the Florida Key Deer~
e. Management approaches to reconciling the conflict between development and the survival of the Florida Key Deer~
and
f. Specific implelnentation programs for the Big Pine Key Area of Critical County Concern.
2. The focal point planning program shall be carried out by the director of planning, in cooperation with the officer in
charge ofthe~ National Key Deer Refuge. The planning program shall include a public participation element, and shall pro-
52]
9.72.100
vide for notice by publication of all public workshops or hearings to the owners of land within the Big Pine Key Area of
Critical County Concern.
3. The focal point planning progralTI for the Big Pine Key Area of Critical County Concern shall be cOITIpleted within
twelve (12) ITIonths of the adoption of this title~ and the director of planning shall submit a report together with reCOITI-
ITIended alTIendments to the Monroe County comprehensive plan and this title within thirty (30) days after the cOITIpletion of
the focal point planning progralTI for the Big Pine Key Area of Critical County Concern.
D. InterilTI Regulations. Notwithstanding any other provisions of this title~ no development shall be carried out on the
Big Pine Key Area of Critical County Concern prior to the completion of the focal point planning progralTI required by sub-
section C of this section and the adoption of alTIendments to the Monroe County comprehensive plan and this title except in
accordance with the following:
1. No development shall be carried out in the Big Pine Key Area of Critical County Concern except for single-family
detached dwellings on lots in the improved subdivision district or on lots having an area of one acre or more.
2. No developlTIent shall be carried out in the Big Pine Key Area of Critical County Concern on any land designated
as freshwater wetland on the existing conditions map. Nothing in this designation shall prohibit the developlTIent of a single-
family detached dwelling on a lot that includes land that is designated as freshwater wetlands or transitional habitat on the
existing conditions map provided that:
a. There is sufficient land area for the development of a single-family detached dwelling and required accessways that
are not designated as freshwater wetlands or transitional habitat~ and
b. Adequate provision is made to prevent surface water runofffrolTI a portion of the lot to be developed with a single-
falTIily detached dwelling from flowing into the freshwater wetland or transitional habitat.
3. All development otherwise conforms with each and every provision of this title. (Prior code ~ 9.5-479)
522
Sections:
9.74.010
9.74.020
9.74.030
9.74.040
9.74.050
9.74.060
9.74.070
9.74.080
9.74.0901
9.74.1001
9.74.1101
9.74.120
9.74.010
Chapter 9.74
IMPACT FEES
Purpose and intent.
Definitions.
General provisions-Applicability.
Procedures for imposition, calculation and collection of impact fees.
Establishment of impact fee accounts-Appropriation of impact fee funds-Refunds.
Appeals.
Fair share transportation im pact fee.
Fair share community park impact fee.
Fair share library impact fee.
Fair share solid waste impact fee.
Fair share police facilities impact fee.
Affordable and employee housing fair share impact fee trust fund.
9.74.0 10 Pu rpose and intent.
The purposes and intent of the iInpact fee procedures are:
A. To establish uniform procedures for the imposition, calculation, collection, expenditure and administration of im-
pact fees imlposed on new development;
B. To facilitate itnplementation of goals., objectives and policies set forth in the Florida Keys comprehensive plan and
land development regulations relating to assuring that new impact-producing development contributes its fair share towards
the costs of capital improvements reasonably necessitated by such growth;
C. To ensure that new development is reasonably benefited by capital improvelnents made with proceeds of impact
fees;
D. To ensure that all applicable legal standards and criteria are properly incorporated in these procedures. (Prior code
~ 9.5-490)
9.74.020 Definitions.
The words or phrases used herein shall have the meaning prescribed in the Monroe County land development regula-
tions., except as otherwise indicated herein:
'"'Applicanf' means and refers to the property owner, or duly designated agent of the property owner, of land on which a
request for a building permit is received by the county and on which an impact fee is due or has been paid. See Section
9.02.040 for the cOlnparable definition of "feepayer."
~'"Appropriation" or '"'to appropriate" means and refers to an action by the board to identify specific capital improvements
for which irrlpact fee funds may be utilized. Appropriation shall include, but shall not necessarily be limited to: inclusion of
a capital improvement in the adopted county budget., capital improvelnents program or county road plan; execution of a con-
tract or other legal encumbrance for a capital improvement using impact fee funds in whole or in part; and actual expendi-
ture of impact fee funds through payments made from an impact fee account.
~'"Capital ilnprovelnents'" means and refers to those improvements as defined in Section 9.02.040 and those improvements
related to firle protection service, and expressly includes amounts appropriated in connection with the planning, design., en-
gineering and construction of such improvements; planning, legal., appraisal and other costs related to the acquisition of
land, financing and development costs; the costs of compliance with purchasing procedures and applicable administrative
and legal requirements; and all other costs necessarily incident to provision of the capital improvement. Capital improve-
Inents eligible for impact fee funding., in whole or in part, shall be set forth in greater detail in the resolutions adopting the
specific impact fee schedules.
''"Commercial retail use" means and refers to uses that sell goods or services at retail as that term is defined in Section
9.02.040.
523
9.74.030
....District" or "~impact fee districf' means and refers to a defined geographic area or subarea of the county within which
impact fees are collected, appropriated, and expended for capital ilnprovelnents serving new developlnent within such area
or subarea.
""Dwelling unit" Ineans and refers to those residential units as defined in Section 9.02.040. The term ....dwelling unif~ is
applicable to both pennanent and transient residential developlnent.
"~Governlnental agency" Ineans those entities as defined in Section 9.02.040.
"~Impact fee" Ineans and refers to a monetary exaction imposed on a pro rata basis in connection with and as a condition
of developlnent approval and calculated to defray all or a portion of the costs of capital improvements required to accom-
Inodate new ilnpact-producing developlnent and reasonably benefiting the development.
"~hnpact fee district" maps Ineans and refers to the Inap(s) defining the geographical extent of the impact fee districts and
subdistricts for each adopted impact fee.
....hnpact-producing" Ineans and refers to any develoPlnent which has the effect of:
1. Increasing the need or delnand for a capital ilnprovement;
2. Utilizing existing capital ilnprovement capacity; or
3. Causing an existing capital improvement level of service standard to decline.
"~Industrial use" means and refers to uses devoted to Inanufacturing and related operations as that term is defined in Sec-
tion 9.02.040 and expressly includes heavy industrial uses as that term is defined in Section 9.02.040 and light industrial
uses as that tenn is defined in Section 9.02.040.
....Institutional use" means and refers to uses that serve the community as that tenn is defined in Section 9.02.040 and ex-
pressly inc ludes hospitals.
"~Multiple uses" means and refers to a development consisting of both residential and nonresidential uses or one or Inore
different types of nonresidential uses on the same site or part of the same development project.
"~Nonresidential development" means and refers to commercial retail use as defined in Section 9 .02.040; marinas as de-
fined in Section 9.02.040; destination resort as that term is defined in Section 9.02.040; hotel use as that tenn is defined in
Section 9.02.040~ room, hotel or motel as those tenns are defined in Section 9.02.040~ industrial use as that term is defined
in Section 9.02.040~ institutional uses as defined in Section 9.02.040~ office use as defined in Section 9.02.040~ shopping
centers as defined in Section 9.02.040 and public buildings as defined in Section 9.02.040. .
"~Office" means and refers to a use where business, professional or governmental services are made available to the pub-
lic as that tenn is defined in Section 9.02.040.
"~Participating municipality" means a municipality participating in the county impact fee system pursuant to an interlocal
agreement with the county.
....Public buildings" means those buildings and uses as defined in Section 9.02.040.
....Residential development" means and refers to a residence or residential use as that term is defined in Section 9.02.040~
dwelling units as that term is defined in Section 9.02.040~ calnpground spaces as defined in Section 9.02.040~ mobilehomes
as defined in Section 9.02.040~ institutional residential use as defined in Section 9.02.040, except hospitals~ live-aboard ves-
sels as defined in Section 9.02.040~ employee housing as defined in Section 9.02.040~ permanent residential unit as that
term is defined in Section 9.02.040~ and affordable housing as that term is defined in Section 9.02.040.
....Shopping center" Ineans and refers to commercial retail and professional services developments as defined in Section
9.02.040.
"~Tourist housing development" means and refers to the developlnent of tourist housing units as that term is defined in
Section 9.02.040. (Prior code ~ 9.5-490.1)
9.74.030 General provisions-Applicability.
A. Tenn. This chapter shall remain in effect unless and until repealed, amended or modified by the board in accor-
dance with applicable state law and local ordinances and procedures.
B. Annual Review.
1. At least once every year prior to board adoption of the annual budget and capital improvements program, the direc-
tor of planning shall prepare a report on the subject of impact fees.
2. The report shall include the following:
a. Recommendations on amendments, if appropriate, to this chapter or to resolutions ilnposing and setting specific
impact fees for particular categories of capital ilnprovements~
524
9.74.030
b. Proposed changes to the capital improvements element and/or an applicable capital improvements program, includ-
ing the identification of capital improvement projects anticipated to be funded wholly or partially with ilnpact fees~
c. Proposed changes to the boundaries of impact fee districts or subdistricts~
d. Proposed changes to impact fee schedules as set forth in the resolutions imposing and setting specific ilnpact fees~
e. Proposed changes to levels of service~
f. Proposed changes in calculation methodology~
g. Other data, analysis or recommendations as the director of planning may deem appropriate, or as may be requested
by the board.
3. Sublnission of Impact Fee Annual Report. The director of planning shall submit the impact fee annual report to the
planning commission which shall receive the report and take such actions as it deems appropriate, including, but not limited
to, requesting additional data or analyses and holding public workshops and/or public hearings.
4. Planning Commission Action. The planning commission shall attach its recomlnendations to the annual report and
forward the report and recolnmendations to the board.
C. Effect of Annual Review. This annual review may, in whole or in part, form the basis for county recommendations
to the board and board actions to repeal, amend or modify this chapter and/or fee schedules~ however, the county tnay cite
and the board may rely upon such other data, information, reports, analyses and documents relevant to such decisions as
may be available.
D. Arrlendments. Changes to this chapter must be made by ordinance~ changes to resolutions imposing and establish-
ing specific impact fee schedules may be made by resolution of the board. Nothing herein precludes the board or limits its
discretion to amend this chapter or the resolutions imposing specific ilnpact fee schedules at such other times as may be
deetned necessary.
E. Affected Area.
I. Impact Fee District. Impact fees shall be imposed on ilnpact-producing development within the Monroe County
impact fee district, comprised of the entire area of Monroe County, Florida, excluding the cities of Key West and Layton,
which, for purposes hereof, has been divided into impact fee subdistricts as follows:
a. Upper Keys impact fee subdistrict: the area of Monroe County north of Fiesta Key, exc luding the city of Layton~
b. Middle Keys impact fee subdistrict: the area of Monroe County and including Fiesta Key south to Seven Mile
Bridge (Ml\1 40)~
c. Lo,ver Keys impact fee subdistrict: the area of Monroe County south of Seven Mile Bridge (MM 40), excluding the
city of Key West.
2. Municipalities. Impact fees adopted by the county may be imposed by a participating municipality on new devel-
oplnent within the tnunicipality pursuant to an interlocal agreement with the county which provides that the municipality
retains a pOl1ion of the impact fees collected and remits the remainder of the fees to the county. The fees retained by the
municipality must be expended in a manner consistent with this chapter. The interlocal agreement must provide that the
municipality keep records of the impact fee expenditures according to generally accepted governmental accounting princi-
ples and to tnake those records available to an auditor employed by the county upon reasonable request.
3. Map. The affected area, including impact fee districts and participating municipalities, shall be shown on the impact
fee district nlap, which is attached to the ordinance codified in this chapter as appendix A and which is adopted by reference
and incorporated herein as though fully set forth. The impact fee district map shall be identified by the signature of the
mayor/chairperson of the board of county commissioners and shall bear the seal of the county, and the date of adoption of
ordinance No. 33-1992 (October 16, 1992).
4. Change in Boundaries of Impact Fee Districts. The board may amend the boundaries of the impact fee districts pur-
suant to subsection D of this section at such times as may be deemed necessary to carry out the purposes and intent of this
chapter and applicable legal requirements for use of impact fees. In the event of annexation of unincorporated county land
by a municipality, the unincorporated county impact fee boundaries shall be deemed to have been changed by operation of
law, without action of the board~ however, following the annual review, the board shall cause the map to be changed to re-
flect the new impact fee district boundaries.
F. Type of Development Affected. This chapter shall apply to all impact-producing residential and nonresidential de-
velopment for which a building permit is required by this title and which building permit has not been issued prior to the
effective date of adoption of Section 9.74.010, except as provided in subsections H and I of this section.
525
9.74.040
G. Effect on Developlnent With Building Permits. hnpact-producing residential and nonresidential developlnent for
which a building permit has been issued prior to the effective date of adoption of Section 9.74.0] O~ but for which neither
issuance of a certificate of occupancy has occurred nor paYlnent of applicable impact fees has been made~ shall be subject to
paYlnent of applicable ilnpact fees pursuant to Sections 9.74.070 through 9.74. ]20~ ho\vever~ within two years of the effec-
tive date of adoption of Section 9.74.0 I O~ the applicant~ at his option~ Inay elect to cOlne within the confines of Section
9.74.010 and the resolutions ilnplementing the impact fees authorized pursuant to that section. If the applicant elects the
Section 9.74.0 I 0 altemative~ he or she will be subject to all applicable impact fees as provided therein and in the ilnplelnent-
ing resolutions.
H. Type of Developlnent Not Affected.
1. Replacement Residential Unit. Redevelopment or rehabilitation which replaces but which does not increase the
number of legally permitted residential dwelling units above that existing on the site prior to redeveloplnent or rehabilita-
tion~
2. Replacetnent Nonresidential Developtnent. Redevelopment or rehabilitation which replaces~ but which does not
increase the legally permitted floor area above that existing on the site prior to redevelopment or rehabilitation nor changes
the use to one which has a greater impact-producing effect with respect to any capital improvement than that existing on the
site prior to redevelopment or rehabilitation~
3. Public capital improvements (as defined by Section 9.02.040)~
4. Public buildings (as defined by Section 9.02.040) owned and operated by a governmental agency which is statuto-
ri ly exempt from the payment of locally-adopted impact fees~
5. Any other use~ development~ project~ structure~ building~ fence~ sign or other activity which is not ilnpact-
producing~
6. Affordable or elnployee housing units (as defined by Section 9.02.040) for which a deterred paYlnent of impact fees
has been recorded on the chain of title.
I. Minimum Fee Requirements. Upon receipt of an application~ the director of planning is authorized to establish a
Ininilnum fee requiretnent not less than the alnount which would be imposed on one thousand (1 ~OOO) square feet ofbuild-
ing space of industrial development~ for certain proposed nonresidential developments upon a finding that: (a) the impact
produced by the proposed use is de Ininilnis~ (b) that the proposed use is not included in the applicable impact fee schedule
nor is it similar to any listed use~ and (c) that the cost of an individual impact analysis would outweigh the impact fee oth-
erwise calculated to be due. The burden shall be on the applicant to establish that the required findings as set forth above
will be met with respect to the proposed use.
J. Effect of Payment ofhnpact Fees on a Determination ofConcurrency~ a Dwelling Unit Allocation~ and Other Land
Development Regulations.
1. The payment of impact fees shall not entitle the applicant to a determination of concurrency except as otherwise
provided in this title. The requirements for a determination of concurrency is a separate~ independent and additional re-
quirement imposed by this title.
2. The payment of impact fees shall not entitle the applicant to a residential dwelling unit allocation award pursuant to
Chapters 9.22 and 9.24. The requirement for a residential dwelling unit allocation award is a separate~ independent and addi-
tional requirement imposed by this title.
3. Neither this chapter nor the specific impact fee resolutions shall affect in any Inanner~ the permissible use of prop-
erty~ density/intensity ofdeveloplnent~ design and itnprovement standards or other applicable standards or requirements of
this title~ all of which shall be operative and remain in full force and effect without lilnitation. (Prior code ~ 9.5-490.2)
9.74.040 Procedures for imposition, calculation and collection of impact fees.
A. Imposition. After the effective date of Section 9.74.0 1 O~ no building permit shall be issued by the county for iln-
pact-producing residential or nonresidential developlnent unless the applicant has paid the applicable itnpact fees in accor-
dance with these procedures and requirements.
B. Calculation.
1. Upon receipt of an application for a building permit~ the director of planning shall determine whether the proposed
project is ilnpact-producing and~ if so:
a. Whether it is residential or nonresidential:
b. The specific category of residential or nonresidential deve loplnen!:
526
9.74.040
c. If residential, the number of dwelling units~
d. If nonresidential, the number of square feet of floor area~ and
e. The impact fee district in which the proposed project is located.
2. After making these detenninations, the director of planning shall calculate the demand for capital improvelnents
added by the proposed project and calculate the applicable impact fee by multiplying the demand of the proposed project by
the impact fee per delnand unit in effect at the tilne of building permit issuance, less and applicable credit.
3. If the type of land use proposed for development is not expressly listed in the specific impact fee resolution, the
director of planning shall:
a. Identify the most similar land use type listed and calculate the ilnpact fee based on the impact fee per demand unit
for that land use~ or
b. Identify the broader land use category within which the specific land use would fit and calculate the impact fee
based on the ilnpact fee per demand unit for that land use category.
4. Ifl1leither of the alternatives set forth above is appropriate for the proposed development, the demand Inay be de-
termined by an individual impact analysis performed by the applicant if authorized by the specific itnpact fee resolution and
if requested by the applicant and approved by the director of planning or if requested by the director of planning. Any indi-
vidual ilnpact analysis shall confonn to the requirements of the applicable impact fee resolution and subsection E of this
section.
5. An applicant may request a nonbinding estimate of impact fees due for a particular development at any time.
6. The calculation of impact fees due from a multiple-use development shall be based upon the aggregated demand for
each capital improvement generated by each land use type in the proposed development.
7. The calculation of impact fees due froln a phased development shall be based upon the demand generated by each
specific use for which a separate building permit application is received.
8. All impact fees shall be calculated based on the impact fee per demand unit in effect at the time of building pennit
issuance.
C. Cre~dits.
I. Credits against the amount of an impact fee due from a proposed development shall be provided for the dedication
of land and/or the provision of capital improvements by an applicant when such land or capital improvements provide addi-
tional capacity to meet the demand generated by the development and when either:
a. Tht~ costs of such land or improvelnents have been included in the fee calculation methodology for the applicable
category of capital itnprovement~ or
b. Tht~ land dedicated or capital improvement provided is determined by the director of planning to be a reasonable
substitute for the cost of improvements which are included in the applicable fee calculation methodology.
2. Credit applications shall be made on forms provided by the county and shall be submitted at or before the time of
building pennit application. The application shall be accompanied by relevant documentary evidence indicating the eligibil-
ity of the applicant for the credit. When a credit application accompanies a building permit application, the director of plan-
ning shall calculate the applicable impact fee without the credit and shall then detennine whether a credit is due and, if so,
the amount of the credit. The credit shall be applied against the impact fee calculated to be due~ however, in no event shall a
credit be granted in an amount exceeding the ilnpact fee due.
3. Credit for dedication of land or provision of capital improvements shall be applicable only against impact fees for
the same category of capital improvements. Even if the value of the dedication of land or provision of a capital improve-
Inent exceeds the ilnpact fee due for that capital improvement category, the excess value may not be transferred to impact
fees calculated to be due from the applicant for other categories of capital improvements nor may the excess value be trans-
ferred to other applicants or properties.
D. Collection. The director of planning shall collect all applicable impact fees at the time of building permit issuance
unless:
I. The applicant is determined to be entitled to a full credit~
2. The applicant is not subject to the paYlnent of impact fees~ or
3. The applicant has taken an appeal and a bond or other surety in the alnount of the impact fee, as calculated by the
director of planning, has been posted with the county.
E. Individual Impact Analysis.
527
9.74.050
1. The applicant may request, and the director of planning lnay approve or require the submittal by the applicant of an
individual ilnpact analysis if the proposed ilnpact-producing developlnent is a land use type generating unusual demand for
one or more types of capital improvements or is a land use type for which the county does not have adequate and current
demand data.
2. An individual impact analysis shall include:
a. The application for building permit, including all infonnation described in subsection (B)( I) of this section~
b. The demand generated by the impact-producing development and the methodology used to calculate the delnand~
c. Copies of any recorded conditions on the subject property operating to limit the delnand for capital improvements
generated by the proposed development~
d. Information and data which lTIay be required by a specific ilnpact fee resolution~ and
e. Any additional information, data or analysis deelned necessary by the director of planning.
3. If authorized or required by the director of planning, the individual impact analysis may be submitted by the appli-
cant at the tilne of building permit application or within a time period established by the director of planning.
4. All costs of the preparation, submittal and review of an individual impact analysis, whether prepared at the request
of the applicant or required by the director of planning, and whether performed by the county, the applicant., or a consultant.,
shall be borne by the applicant. These costs shall be itelnized by the county and paid by the applicant upon completion of
the individual ilnpact analysis., but in no event later than at building permit issuance. The costs incurred shall be charged to
the applicant regardless of whether the applicant proceeds to building permit issuance or whether the demand as calculated
in the individual impact analysis is accepted or rejected by the director of planning.
5. Within thirty (30) days of the receipt of an individual impact analysis, the director of planning shall provide a writ-
ten detennination of the demand generated by the proposed developlnent and may:
a. Find that the impact fee shall be calculated based on the demand as set forth in the individual impact analysis~
b. Find that the impact fee shall be calculated based on the delnand., as set forth in the individual impact analysis, as
lnodified by the director of planning~ or
c. Find that the individual impact analysis does not support a different demand and., therefore., that the impact fee
should be calculated based on the demand as calculated pursuant to the specific iInpact fee resolution.
The findings of the director of planning shall be set forth iii writing and shall be provided to the applicant. (Prior code
~ 9.5-490.3)
9.74.050 Establishment of impact fee accounts-Appropriation of impact fee funds-Refunds.
A. hnpact Fee Accounts. An impact fee account shall be established by the county for each category of capital im-
provements for which iInpact fees are imposed. Subaccounts shall be established for individual impact fee districts. All im-
pact fees collected by the county shall be deposited into the appropriate ilnpact fee account or subaccount, which shall be
interest-bearing accounts. All interest earned shall be considered funds of the account. The funds of these accounts shall not
be comlningled with other funds or revenues of the county. Ifan impact fee account has previously been established pursu-
ant to a separate ordinance for deposit of impact fee funds., such account shall be deemed to be an impact fee account pursu-
ant to this section. The county shall establish and implelnent necessary accounting controls to ensure that the impact fee
funds are properly deposited and appropriated in accordance with this chapter and other applicable legal requirements.
B. Appropriation of Impact Fee Funds.
1. In General. Impact fee funds may be appropriated for capital improvements and for the payment of principal, inter-
est and other financing costs on contracts., bonds., notes or other obligations issued by or on behalf of the county to finance
such capital improvements.
2. Restrictions on Appropriations. hnpact fees shall be appropriated only:
a. For the category of capital improvement for which they were imposed., calculated and collected~
b. Within the impact fee subdistrict where collected unless the ilnpact fee funds will be appropriated for a capital iln-
provement necessitated by or serving the proposed development as provided herein~ and
c. Within six years of the beginning of the fiscal year itnlnediately succeeding the date of collection., unless such tilne
period is extended as provided herein.
Impact fees shall not be appropriated for funding Inaintenance or repair of capital imprOVelTIents nor for operational ex-
penses.
528
9.74.050
3. Appropriation of Impact Fee Funds Outside of District Where Collected. Impact fee funds may be appropriated for
a capital ilnprovement located outside of the subdistrict where collected if the demand for the capital improvelnent is gener-
ated in whole or in part by the development or if the capital improvement will serve the development.
4. Appropriation of Impact Fee Funds Beyond Six Years of Collection. Notwithstanding subsection D of this section~
impact fee funds may be appropriated beyond six years from the beginning of the fiscal year imlnediately succeeding the
date of collection if the appropriation is for a capital improvelnent which requires more than six years to plan, design and
construct and the demand for the capital improvelnent is generated in whole or in part by the development or the capital
iInprovement will serve the proposed development.
c. Procedure for Appropriation of Impact Fee Funds.
1. The county~ as part of the annual budget and capital iInprovelnents progralnming process, shall each year identify
capital improvement projects anticipated to be funded in whole or in part with impact fees. The capital improvement rec-
ommendations shall be based upon the impact fee annual review set forth in Section 9.74.030(B) and such other infonnation
as may be re levant.
2. Th(~ recommendations shall be consistent with the provisions of this chapter, the specific impact fee resolutions,
applicable legal requirements, and guidelines to be adopted by the board.
3. The board may include impact-fee-funded capital ilnprovements in the adopted annual budget and capital im-
provements program. If included, the capital improvement description shall specify the nature of the improvement~ the loca-
tion of the improvement., the capacity to be added by the improvement, the service area of the improvement, the
need/demand for the improvement and the timing of completion of the improvement.
4. The board may recommend ilnpact-fee-funded capital itnprovelnents at such other tiInes as may be deemed neces-
sary and appropriate. Such improvements shall also be described, as set forth above., on a project description sheet.
5. The board shall verify that adequate impact fee funds are or wilJ be available from the appropriate impact fee ac-
counts for the capital improvements.
D. Refunds.
1. Abandonment of Development After Issuance of Building Permit. An applicant who has paid an impact fee for a
proposed development for which the applicable building permit has expired or has been revoked shall be eligible to apply
for a refund of impact fees paid.
2. Abandonment of Development After Initiation of Construction. An applicant who has paid an impact fee for a pro-
posed development for which a building pennit has been issued and construction initiated, but which is abandoned prior to
issuance of a certificate of occupancy shall not be eligible for a refund unless the uncompleted building is completely de-
molished pursuant to a county demolition permit.
3. Failure of County to Appropriate Impact Fee Funds Within Time Limit. The current property owner may apply for
a refund of impact fees paid by an applicant if the county has failed to appropriate the impact fees collected from the appli-
cant within the time limits established in subsection (B)(2) and (4) of this section.
4. Refunds shall be made only to the current owner of property on which the impact-producing development was pro-
posed or occurred.
5. Applications for refunds due to the abandonment of a developlnent shall be made on forms provided by the county
and shall be Inade within sixty (60) days following the expiration or revocation of the building permit or demolition of the
structure. The applicant shall submit:
a. Evidence that the applicant is the property owner or the duly designated agent of the property owner;
b. The amount of the impact fees paid by capital improvements category and receipts evidencing such payments; and
c. Documentation evidencing the expiration or revocation of the building permit or delnolition of the structure pursu-
ant to a valid county-issued demolition permit.
Failure to apply for a refund within sixty (60) days following expiration or revocation of the building permit or demoli-
tion of the structure shall constitute a waiver of entitlement to a refund. Upon receipt of a complete application for refund.,
the director of planning., within sixty (60) days, shall review the application and documentary evidence sublnitted by the
applicant and make a determination of whether a refund is due. Refunds by direct payment shall be made within sixty (60)
days following an affirmative determination by the director of planning. No interest shall be paid by the county with such
refunds.
529
9.74.060
6. Applications for refunds due to the failure of the county to appropriate fees collected froln the applicant within the
tilne limits established in subsection (B )(2) and (4) of this section shall be lnade on forms provided by the county and shall
be made within one year following the expiration of such tilne limit. The applicant shall sublnit:
a. Evidence that the applicant is the property owner or the duly designated agent of the property owner~
b. The amount of the impact fee paid and the capital ilnprovelnent category for which a refund application is being
lnade~
c. Receipts evidencing the impact fee payments~ and
d. Description and documentation of the county's failure to appropriate impact fee funds for relevant capital im-
provelnents.
Upon receipt ofa complete application for refund~ the director of planning shall review the application and doculnentary
evidence submitted by the applicant as well as such other infonnation and evidence as Inay be deemed relevant and make a
determination of whether a refund is due within sixty (60) days. Refunds by direct payment shall be made within sixty (60)
days following an affirmative detennination by the director of planning. Refunds shall include a pro rata share of interest
earned by the applicable impact fee account calculated at the average annual rate of interest for each of the years during
which the applicant~s impact fees were in the account divided by the number of years in which the fees were in the account.
7. The county may ~ at its option~ make refunds of ilnpact fees by direct payment~ by offsetting such refunds against
other impact fees due for the same category of capital improvements for developlnent on the same property, or by other
means subject to agreement with the property owner. (Editorially amended during 2004 codification~ prior code S 9.5-490.4)
9.74.060 Appeals.
A. An appeal from any decision of the director of planning pursuant to this chapter shall be lnade to the planning
cotnlnission in accordance with Chapter 9.82~ however~ notwithstanding Section 9.82.040~ if the notice of appeal is aCCOln-
panied by a bond or other sufficient surety satisfactory to the county attorney in an alnount equal to the impact fee as calcu-
lated by the director of planning to be due~ the building permit shall be issued. The filing of an appeal shall not stay the col-
lection of the impact fee as calculated by the director of planning unless a bond or other sufficient surety has been provided.
B. The burden of proof shall be on the appellant to demonstrate that the decision of the director of planning is errone-
ous. (Prior code S 9.5-490.5)
9.74.070 Fair share transportation impact fee.
A. Purpose and Authority.
1. The Monroe County board of county cOlnmissioners has determined and recognized that the growth rate the county
will experience through the year 2005 will necessitate a significant number of major road network improvelnents which
make it necessary to regulate new land development activity generating traffic in order to increase the capacity of the
county's lnajor road network systeln to maintain an acceptable level of service as determined on the basis of an average
annual basis.
1. In order to finance these new capital improvements~ regulate traffic generation levels~ and ensure that accommodat-
ing that growth is economically feasible~ several cOlnbined methods of financing will be necessary~ one of which will re-
quire all new land development activity generating traffic to pay its pro rata share of the capital expansion costs that will be
incurred to expand the county~ s major road network system.
3. Implementing such a regulatory schelne that requires a new land developlnent activity generating traffic to pay a
fair share fee~ that does not exceed a pro rata share of the reasonably anticipated expansion costs of new roads created by the
new land development activity~ is the responsibility of Monroe County pursuant to F.S. S 163.3161 et seq.~ and is in the best
interest of the public ~ s hea1th~ safety and welfare.
4. Providing and regulating arterial and other roads and related facilities to make them more safe and efficient'! in co-
ordination with a plan for the control of traffic~ is also the recognized responsibility of the county through F.S.
~ 125.0 J (1 )(In)~ and is in the best interest of the public ~ s health~ safety and welfare.
5. It is not the purpose of this section to collect any money from new land developlnent activity generating traffic in
excess of the actual amount necessary to offset the demand on the county's major road network system generated by the
new land developlnent activity. Existing residents will still be required to bear their appropriate share of the cost of the
county's Inajor road network systeln.
530
9.74.070
B. Payment of Fair Share Fee Prior to Issuance of Certificate of Occupancy. A fair share transportation fee shall be
paid by any person~ including any governmental agency~ prior to receiving a certificate of occupancy for any new land de-
velopment activity generating traffic that creates increased demand on the county"s major road network system.
C. Establishment of Fee Schedule. Any person who shall initiate any new land development activity generating traffic..
except those preparing a traffic impact analysis pursuant to subsection D of this section~ shall pay~ prior to the issuance of a
certificate of occupancy~ a fair share transportation fee as established by resolution of the board of county cOlnmissioners.
R V park~ per space
$1 ~ 732.00
D. Individual Assessment of Impact of Land Development Activity on the Major Road Network-The Traffic Impact
Analysis.
1. Any person who shall initiate any land development activity generating measurable traffic may choose to provide
an individual assesslnent of the demand the proposed land development activity will place on the county~s major road net-
work system in order to show that the capital expansion costs necessitated by the proposed land developlnent activity are
less than the fair share fee established in subsection C of this section.
2. Th(~ individual assessment shall be undertaken through the sublnission of a traffic impact analysis which shall in-
clude the following information:
a. The projected trip generation rates for the proposed land development activity.. on an average annual basis.. and at a
peak design hour basis; the trip generation rates for the same or similar land use types.. or state or national trip generation
rate information.. if applicable;
b. Th{~ proposed trip length~ trip distribution~ and traffic assignment of the trips generated from the proposed land de-
veloptnent activity onto the county~s major road network system. Trip length information shall be based upon local elnpiri-
cal surveys of similar land use types or trip length data compiled by the county planning director for average trip length for
similar land use types. Trip distribution information shall be based upon the existing physical development activity~ and
projections of population and physical development consistent with the county~s comprehensive plan~
c. Tht~ traffic assignment of trips generated by other approved land development activity in the area on the county"s
major road network system~
d. An assessment of the capital expansion of the county"s major road system necessitated by the proposed land devel-
oplnent activity if it is to be maintained at level of service D on an average annual basis. Needed improvements shall be
determined through the end of a twenty (20) year time horizon beginning with the year the project is built out or cOlnpleted.
Standard acceptable practices and methodological procedures in the transportation planning and engineering profession
shall be used to determine the capital expansion of the county"s major road network system necessitated by the proposed
land developlnent activity~
e. An assesslnent of the costs of providing the capital expansion necessitated by the proposed land development activ-
ity. The cost figures used shall be based upon recent empirical infonnation of the costs in Monroe County for the construc-
tion of a lan{~ mile.. and shall include related right-of-way costs.. and the planning~ design and engineering costs for the nec-
essary capital improvements;
f. An assesslnent of the projected tax revenues that will be derived from the proposed land development activity that
can be reasonably determined to be available to pay for new capital improvements to the county~s major road network sys-
teln over the p lann ing horizon~
g. The amount of any shortfall between the projected tax revenues and the capital expansion costs for the major road
network system necessitated by the new land development activity. Any shortfall shall be considered the proposed fair share
transportation fee.
3. The traffic impact analysis shall be prepared by qualified professionals in the field of transportation planning and
engineering.. impact analysis and economics~ and shall be submitted to the county planning director.
4. Within twenty (20) working days of receipt ofa traffic impact analysis~ the county planning director shall deter-
mine if it is cOlnplete. If the county planning director determines the application is not cOlnplete~ he or she shall send a writ-
ten statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are cor-
rected~ the county planning director shall take no further action on the traffic impact analysis.
5. When the county planning director determines the traffic impact analysis is complete.. he or she shall review it
within twenty (20) working days.. and shall approve the proposed fee if it is detennined that the traffic infonnation.. traffic
531
9.74.070
factors~ and methodology used to detennine the proposed fair share transportation fee are professionally acceptable and
fairly assess the costs for capital ilnprovements to the county's major road network that are necessitated by the proposed
land developlnent activity if the road network is to be maintained at level of service 0 on an average annual basis. If the
county planning director determines the traffic infonnation~ traffic factors and methodology is unreasonable~ the proposed
fee shall be denied~ and the developer shall pay the fair share transportation fee as established in subsection C of this sec-
tion.
6. Any person Inay appeal the county planning director~s decision on a traffic impact analysis by filing a petition with
the Monroe County board of county comtnissioners within thirty (30) days of a decision by the county planning director. In
reviewing the county planning director~s decision~ the county cOlnmission shall use the standards established in this subsec-
tion.
E. Time and Alnount of Payment. No certificate of occupancy shall be issued until any applicable fair share transpor-
tation fee is paid. If~ in the titne between the date of the building pennit application and the date of the request for a certifi-
cate of occupancy, the applicable fair share transportation fee amount is altered, the fee due shall be the lower of the two
alnounts.
F. Interpretation of the Section and Fee Schedule.
I. Interpretation of all provisions of this section, including whether a proposed land development activity is identified
in one of the land use types in the fee schedule established in subsection C of this section, shall be made by the county plan-
ning director.
2. Any person who shall initiate any land developlnent activity not identified in the fee schedule established in subsec-
tion C of this section shall submit a traffic impact analysis to the county planning director for a determination of the fair
share transportation fee for the proposed land development activity.
3. The traffic iInpact analysis shall include the infonnation outlined in subsection 0 of this section and shall be re-
viewed in accordance with subsection D of this section.
4. If the county planning director detennines the traffic information, traffic factors and methodology used in the traffic
impact analysis is unreasonable~ he or she shall establish a fair share transportation fee for the proposed land developlnent
activity that is consistent with the cases of Contractors and Builders Association of Pine lias County v. City ofDunedin~ 329
So.2d 3 14 (Fla. 1976) and Home Builders and Contractors Association of PalIn Beach County v. The Board of County
Comlnissioners of Palm Beach County~ 446 So.2d 140 (Fla. 4th DCA 1983) and the standards and criteria established in this
section.
5. Any person may appeal the county planning director's determination of the fair share transportation fee on any traf-
fic impact analysis they sublnit by filing a petition with the Monroe County board of county commissioners within thirty
(30) days of a decision by the county planning director. In reviewing the county planning director's decision~ the Monroe
County board of county cOlnlnissioners shall use the standards established in subsection 0 of this section and this section.
G. Credits to the Fair Share Transportation Fee.
I. The county planning director shall grant a credit against any fair share transportation fee imposed by this section
upon any new land development activity generating traffic where the person initiating the land development activity has
entered into an agreelnent with the county to construct capital roadway improvelnents which expand the county~s major
road network by providing roadway ilnprovements that are consistent with the comprehensive plan. A credit equal to the
dollar value of the capital road improvement in the agreement shall be provided. No credit shall exceed the fair share trans-
p011ation fee imposed by this section for the proposed land development activity.
2. The determination of the credit shall be undertaken through the sublnission of a proposed credit agreement to the
county planning director~ which agreement shall include the following information:
a. A proposed plan of specific roadway improvelnents, prepared and certified by a duly qualified and licensed Florida
road engineer~ and
b. The projected costs for the suggested roadway ilnprovements, which shall be based on local information for similar
transportation irnprovelnents, along with the construction timetable for the completion thereof. Such estimated costs shall
include the cost of construction or reconstruction~ the cost of all labor and Inaterials, the cost of all lands, property, rights.
easements and franchises acquired, financing charges, interest prior to and during construction and for one year after COln-
pletion of construction~ cost of plans and specifications. surveys of estimates of costs and of revenues, cost of engineering
and legal services~ and all other expenses necessary or incident to determining the feasibility or practicability of such con-
struction or reconstruction.
532
9.74.070
3. The proposed credit agreement shall be prepared by qualified professionals in the fields of transportation planning
and engineering~ ilnpact analysis and econolnics.
4. Within twenty (20) working days of receipt of the proposed credit agreement~ the county planning director shall
determine if the proposal is cOlnplete. If it is determined that the proposed agreement is not complete~ the county planning
director shall send a written statement to the applicant outlining the deficiencies. The county planning director shall take no
further action on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.
5. Once the county planning director detennines the credit agreement is complete~ he or she shall review it within
twenty (20) working days and shall approve the proposed credit agreement if it is determined that the proposed capital
roadway improvement is consistent with the capital improvelnents in the cOlnprehensive plan for the county's Inajor road
network and the proposed costs for the suggested roadway improvement are professionally acceptable and fairly assess the
cost for the capital ilnprovelnent. If the county planning director determines that either the suggested capital improvement is
not consistent with the proposed roadway improvement outlined in the comprehensive plan or that the proposed costs are
not acceptable~ he or she shall propose a suggested roadway improvement similar to that proposed~ but consistent with the
provisions of this section.
6. If the proposed credit agreement is approved by the county planning director or if the recolnmended credit agree-
ment is accepted by the applicant~ a credit agreement shall be prepared and signed by the applicant and the county. It shall
specifically outline the capital roadway improvements that will be constructed by the applicant~ the time by which it shall be
cOlnpleted~ and the dollar credit the applicant shall receive for construction of the capital roadway improvement.
7. Any person may appeal the county planning director's decision on any credit agreement he or she submits~ by filing
a petition with the board of county commissioners within thirty (30) days of a decision by the county planning director. In
reviewing the county planning director's decision~ the board of county commissioners shall use the standards established in
subsection C of this section.
H. Review of the Fee Schedule. Prior to the adoption of the annual budget~ the board of county commissioners shall
receive a report from the county planning director on the fair share transportation fee schedule in subsection C of this sec-
tion and any recommended changes in the fee schedule. Changes in the schedule should be based on any revisions to popu-
lation projections~ travel characteristics~ road costs~ inflation and other relevant factors.
I. Use of Funds Collected.
1. The county shall establish an appropriate accounting mechanism for insuring that the fees collected pursuant to this
section are appropriately earmarked and spent for the capital expansion of the county's major road network system.
2. Three accounts shall be established~ one for each subdistrict as shown in appendix A attached to the ordinance codi-
fied in this chapter~ and fees collected pursuant to this section shall be paid into the accounts established for the subdistrict
in which the new land development activity is proposed.
3. Expenditure of Fair Share Fees and Trust Accounts.
a. The funds collected by reason of the establishment of the fair share transportation fee shall be used solely for the
purpose ofacquisition~ expansion and development of the major road network system detennined to be needed to serve new
development~ including but not lilnited to:
i. Planning~ design and construction plan preparation~
11. Right-of-way acquisition~
Ill. Construction of new through lanes~
IV. Construction of new turn lanes~
v. Construction of new bridges~
VI. Construction of new drainage facilities in conjunction with new roadway construction~
vii. Purchase and installation of traffic signalization~
viii. Construction of new curbs~ medians and shoulders~
IX. Construction of new bicycle paths~
x. Construction of new pedestrian pathways and sidewalks~
xi. Installation of new landscaping in conjunction with any of the projects above.
Proceeds from each account shall be used exclusively for the capital expansion of the county's major road network sys-
tem in the subdistrict from which the moneys have come~ with the exception that a portion of the funds troln each district
may be allocated to projects outside of the subdistrict~ on u.s. ] ~ Card Sound Road~ and C-905 in Key Largo~ and the pro-
ceeds are used in a manner consistent with the capital improvements plan of the comprehensive plan.
5""""
,j,j
9.74.080
b. Any funds in each of the accounts on deposit~ not ilnmediately necessary for expenditure~ shall be invested in inter-
est-bearing assets. All income derived froln these investlnents shall be retained in the applicable account.
c. Each year~ the fair share transportation fees collected Inay be returned to the fee payer if the land developlnent ac-
tivity generating traffic is canceled due to noncomlnencement of construction before the funds have been spent or enCUln-
bered. Refunds may be lnade in accordance with this section provided the then present owner files petition for a refund
within three lnonths from the date of noncomlnencelnent.
d. The refund of fair share transportation fees shall be undertaken through sublnission of a refund application to be
submitted within one year following the end of the sixth year from the date on which the fair share transportation fee was
paid or within three months from the date of nonCOlnlnencelnent. The refund application shall include the following infor-
mati on:
1. A notarized statement that the fee payer paid the fair share transportation fee for the property and the amount paid~
11. A copy of the receipt issued by the county for payment of the fee~
HI. A certified copy of the latest recorded deed for the property~ and
IV. A copy of the most recent ad valorem tax bill.
e. Within twenty (20) working days of receipt of the refund application~ the county planning director shall detennine
if it is complete. If the county planning director determines the application is not cOlnplete~ he or she shall send a written
statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected~
the county planning director shall take no further action on the refund application.
f. When the county planning director determines the refund application is complete, he or she shall review it within
twenty (20) working days, and shall approve the proposed refund ifhe or she determines the fee payer has paid a fair share
transportation fee~ which the county has not spent or encumbered within six years from the date the fees were paid.
g. When the Inoney requested is still in the trust fund account and has not been spent or encumbered by the end of the
calendar quarter immediately following six years from the date the fees were paid, the money shall be returned with interest
at the rate of six percent per annum.
h. Any fee payer may appeal the county planning director~s decision on a refund application, by filing a petition with
the board of county comlnissioners within thirty (30) days of a decision by the county planning director. In reviewing the
county planning director~s decision~ the Monroe County board of county commissioners shall use the standards established
in subsection C of this section.
J. Exemptions. The following new land development activities generating traffic are exempted from payment of the
fair share transportation fee:
1. Alterations or expansion of an existing dwelling unit including the replacement of or relocation within the service
district, a mobilehome~ where no additional units are created and the use is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use~
3. The replacement ofa destroyed or partially destroyed building or structure with a new building or structure of the
same size and use~
4. The construction of any employee or affordable housing units~ provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to the director of planning that a
notice of deferred payment of impact fee has been recorded on the chain of title, and
b. If the employee or affordable housing units because of occupancy or ownership no longer qualify as affordable or
elnployee units under the provisions of this title, the impact fee shall be due and owing~ and
5. Publicly owned governmental buildings~ except for those used for permanent or temporary housing. (Ord. 011-2004
S 2~ prior code ~ 9.5-491)
9.74.080 Fair share community park impact fee.
A. Intent and Authority.
1. The board of county cOlnmissioners has determined and recognized that the growth rate the county will experience
through the year 2005 will necessitate significant expansion of the comlnunity parks in the county in order to maintain an
acceptable level of active recreational opportunities for county residents.
2. In order to finance these new capital improvelnents for community parks~ several combined Inethods offinancing
will be necessary, one of which will require all land development in the county to pay a fair share park fee which is consis-
534
9.74.080
tent with the principles established in Contractors and Builders Association of Pinellas County v. City of Dunedin, 329
So.2d 314 (Fla. 1976) and Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 4th DCA 1983).
3. Implelnenting such a regulatory and financing program is the responsibility of Monroe County pursuant to F.S.
~ 163.3]61 et seq., and F.S. S 125.0](1)(f), and is in the best interest of the public"s health, safety and welfare.
4. It is the purpose of this section to establish a regulatory system to assist in providing for new community parks
needed to serve new growth and development new growth. Pursuant to this section, land developlnent activity will be re-
quired to pay a fair share community park fee which shall not exceed a pro rata share of the reasonably anticipated costs of
new community park facilities required by new growth.
5. It is not the purpose of this section to collect any Inoney from new residential development in excess of the actual
amount necessary to offset the demand placed on new community parks by the development.
B. TiIne and Amount of Payment. No certificate of occupancy for a pennanent or temporary residential unit shall be
issued until any applicable fair share park fee is paid. If, in the time between the date of the building pennit application and
the date of the request for a certificate for occupancy, the applicable fair share park fee amount is altered, the fee due shall
be the lowest of the two amounts.
C. Fair Share Park Fee To Be Imposed on New Residential Land Development Activity.
1. Payment of Fair Share Fee Prior to Issuance of Certificate of Occupancy. Any person who shall receive a certificate
of occupancy for any new residential land development activity that places an increased demand on the county's community
park facilities shall pay a fair share park fee as established by resolution of the board of county commissioners.
2. Individual Assessment of Fiscal Impact of Land Development Activity on Community Park Facilities-The COln-
munity Park Impact Analysis.
a. Any person who shall initiate any land development activity that places a demand on community park facilities may
choose to provide an individual assessment of the demand the proposed land development activity will place on the
county's community parks in order to show the capital expansion costs necessitated by the proposed land development ac-
tivity is less than the fair share fee established in this subsection.
b. The individual assessment shall be undertaken through the submission of a community park impact analysis which
shall include the following information:
i. The projected use of community park facilities by the proposed land development activity. This projection shall be
based upon either local empirical surveys, or state or national information~
ii. An asseSSlnent of the capital expansion of the county's community park facilities necessitated by the proposed land
development, if those facilities are to be maintained at standards consistent with the comprehensive plan. Standard accept-
able practices and methodological procedures in park planning and ilnpact analysis shall be used to determine the capital
expansion of the county's community park facilities necessitated by the proposed land development activity~
iii. An assessment of the costs for providing the capital expansion necessitated by the proposed land developlnent ac-
tivity. The cost figures used shall be based upon recent empirical information of the costs in Monroe County for acceptable
park acreage, the construction costs for park equipment outlined in the cOlnprehensive plan, and the planning, design and
engineering costs for the necessary capital improvements~
iv. An assessment of the projected tax revenues that will be derived from the proposed land development activity that
can be reasonably determined to be available to pay for new capital improvements to the county's cOlnmunity park facili-
ties~
v. The amount of any shortfall between the projected tax revenues and the capital expansion costs for the community
park facilities necessitated by the new land development activity. Any shortfall shall be considered the proposed fair share
park fee.
c. The community park impact analysis shall be prepared by qualified professionals in the field of community impact
analysis and economics, and shall be submitted to the director of planning.
d. Within twenty (20) working days of receipt of a community park itnpact analysis, the director of planning shall
determine ifit is complete. If the director of planning determines the application is not cOlnplete, he or she shall send a writ-
ten statement specifying the deficiencies by mail to the person submitting the application. Unless the deficiencies are cor-
rected, the director of planning shall take no further action on the community park impact analysis.
e. When the director of planning determines the comlnunity park impact analysis is complete., he or she shall review it
within twenty (20) working days, and shall approve the proposed fee ifit is determined that the methodology used to deter-
mine the proposed fair share park fee fairly assesses the costs for capital improvements to the county" s comlTIunity park
535
9.74.080
facilities that are necessitated by the proposed land development activity if the county~s community park facilities are going
to be maintained at the level of services established in the cOlnprehensive plan. If the director detennines the Inethodology is
unreasonable~ it shall be denied~ and the developer shall pay the fair share parks fee as established in this subsection.
f. Any person may appeal the county planning director~ s decision on any cOlnmunity park impact analysis he or she
sublnits by filing a petition with the Monroe County board of county cOlnlnissioners \vithin thirty (30) days of a decision by
the county planning director. In reviewing the county planning director~s decision~ the Monroe County board of county
commissioners shall use the standards established in this section.
D. Credits to the Fair Share Park Fee.
1. Where the person initiating the land developlnent activity has entered into an agreement with the county to dedicate
land for a comlnunity park~ the county planning director shall grant a credit against any fair share park fee imposed by this
section upon any new land developlnent activity placing a delnand on the county's community park facilities in an alnount
equal to the dollar value of the land dedication. No credit shall exceed the fair share park fee ilnposed by this section for the
proposed land developlnent activity.
2. The determination of the credit shall be undertaken through the sublnission of a proposed credit agreement to the
director of planning~ which agreement shall include the following information:
a. The proposed land or plan of park iInprovement prepared and certified by a duly qualified and licensed Florida en-
gineer~ and
b. The assessed value of the proposed land dedication.
3. The proposed credit agreelnent shall be prepared by qualified professionals in the fields of park planning and real
property appraisal.
4. Within twenty (20) working days of receipt of the proposed credit agreement~ the director of planning shall deter-
mine if the proposal is complete. Ifit is determined that the proposed credit agreement is not complete, the director of plan-
ning shall send a written statement to the applicant outlining the deficiencies. The director shall take no further action on the
proposed credit agreelnent until all deficiencies have been corrected or otherwise settled.
5. Once the director of planning determines the credit agreement is complete, he or she shall review it within twenty
(20) working days~ and shall approve the proposed credit agreement if it is determined that the proposed land dedication is
consistent with the capital improvements outlined in the comprehensive plan for the county's comnlunity park facilities~ and
the proposed value of the land dedication is professionally acceptable. If the director determines that either the proposed
land dedication or the value of the land dedication is not consistent with the cOlnprehensive plan~ or that the proposed costs
are not acceptable~ he or she shall deny the credit agreement and the applicant shall pay the fair share park fee.
6. If the proposed credit agreement is approved by the director of planning, a credit agreement shall be prepared and
signed by the applicant and the county. It shall specifically outline the land dedication that will be made by the applicant
and the dollar credit the applicant shall receive for the dedication.
7. Any person may appeal the director of planning ~ s decision on any credit agreement he or she submits, by filing a
petition with the Monroe County board of county commissioners within thirty (30) days of a decision by the county plan-
ning director. In reviewing the county planning director~ s decision. the board of county commissioners shall use the stan-
dards established in subsection C of this section.
E. Review of the Section and Fee Schedule. Prior to the adoption of the annual budget, the Monroe County board of
county cOlnlnissioners shall receive a report froln the county planning director reviewing the fair share park fee schedule in
subsection D of this section and any recommended changes in the fee schedule. Changes in the schedule should be based on
any revisions to population projections, park equipment costs~ inflation and other relevant factors.
F. Use of Funds Collected.
1. The county shall establish an appropriate accounting mechanism for ensuring that the fees collected pursuant to this
section are appropriately earmarked and spent for the capital expansion of the county's community park facilities.
2. Three accounts shall be established~ one for each subdistrict as shown in appendix A attached to the ordinance codi-
fied in this chapter: and the fees collected pursuant to this section shall be paid into the accounts established for the subdis-
trict in which the new land development activity is proposed.
3. Expenditure of Fair Share Fees in Accounts.
a. Proceeds from each account shall be used exclusively for the capital expansion of the county's comlnunity park
facilities in the subdistrict from which the moneys have come~ and in a manner consistent with the capital improvementsdplan of the comprehensive plan.
536
9.74.080
b. Any funds in each of the accounts on deposit, not ilnlnediately necessary for expenditure, shall be invested in inter-
est-bearing assets. All income derived froln these investments shall be retained in the applicable account. These Inoneys
shall be utilized for the capital expansion of the county's community park facilities in the subdistrict from which the account
funds have COlne, and in a Inanner consistent with the capital ilnprovements plan in the cOlnprehensive plan.
c. Each year., at the time the annual county budget is reviewed, the director of planning shall propose appropriations to
be spent froln the accounts. Any amounts not appropriated from the accounts, together with any interest earnings., shall be
carried over in the specific account to the following fiscal period.
4. Refunds.
a. Any fair share park fees collected shall be returned to the fee payer if the fees have not been spent or encumbered
within six years from the date the fees were paid. Fair share park fees collected shall be deemed to be spent or enculnbered
on the basis of the first fee collected shall be the first fee spent for community park ilnprovelnents.
b. Any fair share park fees collected shall be returned to the fee payer if the land developlnent activity is canceled due
to nonCOlnnlencement, and if the fees have not been spent or encumbered. Fair share park fees collected shall be deemed to
be spent or encumbered on the basis of the first fee collected shall be the first fee spent for comlnunity park facilities.
c. The refund of fair share park fees shall be undertaken through the sublnission ofa refund application to be submit-
ted within one year following the end of the sixth year from the date on which the fair share park fee was paid or within
three months of noncommencement. The refund application shall include the following information:
i. A notarized sworn statement that the fee payer paid the fair share park fee for the property and the amount paid~ and
ll. A copy of the receipt issued by the county for payment of the fee.
d. Within twenty (20) working days of receipt of the refund application., the director of planning shall determine ifit is
complete. If the director determines the application is not complete, he or she shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the director shall take no
further action on the refund application.
e. When the director of planning determines the refund application is complete, he or she shall review it within twenty
(20) working days., and shall approve the proposed refund ifhe or she determines the fee payer has paid a fair share com-
munity park fee, which the county has not spent or encumbered within six years from the date the fees were encumbered or
within three months of the date of noncom men cement.
f. Any fee payer may appeal the director's decision on a refund application by filing a petition with the board of
county commissioners within thirty (30) days ofa decision by the director of planning. In reviewing the director's decision.,
the board of county commissioners shall use the standards established in subsection C of this section.
G. Exemptions. The following new land development activities shall be exempted from payment of the fair share park
fee:
I. Alterations or expansion of an existing dwelling unit, including the replacement of or relocation within the service
district, a mobilehome, where no additional units are created and the use is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use~
3. The replacelnent ofa destroyed or partially destroyed building or structure with a new building or structure of the
same size and use~
4. The construction of any publicly owned governmental buildings., except for those used for permanent or temporary
hous ing~ and
5. The construction of any employee or affordable housing units, provided that:
a. Prior to the issuance of a building permit for such units, evidence shall be provided to the director of planning that a
notice of deferred payment of impact fee has been recorded on the chain of title., and
b. If the elnployee or affordable housing units because of occupancy or ownership no longer qualify as affordable or
employee units under the provisions of this title, the impact fee shall be due and owing. (Ord. 0 11-2004 ~ 3 ~ prior code
~ 9.5-492)
537
9.74.090
9.74.090 Fair share library impact fee.
A. Purpose and Authority.
I. The board of county cOlnlnissioners has detennined and recognized that the growth rate the county and the city of
Key West will experience through the year 2005 will necessitate a significant capital expansion of the county~s library fa-
cilities in order to provide adequate quality of library opportunities for city and county residents.
2. In order to finance these new capital improvements~ several cOlnbined lnethods offinancing will be necessary~ one
of which will require all residential land development in the county to pay a fair share library fee which is consistent with
the principles established in Contractors and Builders Association of Pinellos County v. City of Dunedin~ 329 So.2d 314
(Fla. 1976).
3. Implementing such a regulatory and financing program is the responsibility of Monroe County in order to carry out
this title and the cOlnprehensive plan pursuant to F .S. ~ 163.3161 et seq.~ and F .S. ~ 125.0 I (l)(t)~ and is in the best interest of
the public~s health~ safety and welfare.
4. It is the purpose of this section to establish a regulatory systeln to assist in providing funding for the capital expan-
sion of these new library facilities caused by the new growth. Pursuant to this section~ residential land developlnent in the
unincorporated area of the county and the city of Key West will be required to pay a fair share library impact fee which does
not exceed a pro rata share of the reasonably anticipated costs for the capital expansion of new library facilities caused by
new growth. The county may enter into an interlocal agreement with the city of Key West for the collection of impact fees
within the city with a provision for the payment of any city legal and administrative costs that lnay be involved in the
collection of the fee. The city may also exelnpt units covered by the city~s accessory apartlnent ordinance froln the payment
of library impact fees. Otherwise all other provisions of this section shall be applicable in the city of Key West.
5. It is not the purpose of this section to collect any money froln any new residential developlnent in excess of the
actual amount necessary to offset the demand placed on new county library facilities for capital expansion.
B. Time and Amount of Payment. No certificate of occupancy shall be issued for any residential unit until the applica-
ble fair share library fee is paid. lf~ in the tilue between the date of the building permit application and the date of the request
for a certificate of occupancy~ the applicable fair share library fee alnount is altered~ the fee due shall be the lower of the two
amounts.
C. Fair Share Library Fee To Be Imposed on New Residential Land Development Activity.
1. Payment of Fair Share Fee Prior to Issuance of Certificate of Occupancy. Any person who shall receive a certificate
of occupancy for any new residential land development activity that places an increased demand on the county~s library
facilities shall pay a fair share library fee established by resolution of the board of county commissioners.
2. Individual AsseSSlnent of Fiscal Impact of Land Development Activity on Library Facilities. The library ilnpact
analysis.
a. Any person who shall initiate any land development activity that places a demand on the county~s library facilities
may choose to provide an individual assesslnent of the demand the proposed land development activity will place on the
county~s library facilities in order to show that the capital expansion costs necessitated by the proposed land development
activity is less than the fair share fee established above.
b. The individual asseSSlnent shall be undertaken through the submission of a library facilities analysis which shall
include the following information:
i. The projected use of library facilities by the proposed land development activity. This projection shall be based
upon either local empirical surveys~ or state or national information~
ii. An assessment of the capital expansion of the county's library facilities necessitated by the proposed land develop-
ment~ if those facilities are to be maintained at standards consistent with the cOluprehensive plan. Standard practices and
methodological procedures in impact analysis shall be used to determine the capital expansion of the county~s library facili-
ties necessitated by the proposed land development activity~
iii. An assessment of the costs for providing the capital expansion necessitated by the proposed land developlnent ac-
tivity. The cost figures used shall be based upon recent empirical information of the costs in Monroe County for acceptable
library facilities~ the construction costs for library space~ outlined in the comprehensive plan, and the planning~ design and
engineering costs for the necessary capital ilnprovelnents~
iv. An asseSSluent of the projected tax revenues that will be derived from the proposed land development activity that
can be reasonably determined to be available to pay for new capital improvements to the county's library facilities~
538
9.74.090
v. The alnount of any shortfall between the projected tax revenues and the capital expansion costs for the library fa-
cilities necessitated by the new land develoPlnent activity. Any shortfall shall be considered the proposed fair share library
fee.
c. The library facilities impact analysis shall be prepared by qualified professionals in the fields of comlnunity itnpact
analysis and economics, and shall be submitted to the county planning director.
d. Within twenty (20) working days of receipt ofa library facilities impact analysis, the director of planning shall de-
termine if it is complete. If the director determines the application is not cOlnplete, he or she shall send a written statement
specifying the deficiencies by Inail to the person submitting the application. Unless the deficiencies are corrected, the direc-
tor shall take no further action on the library facilities impact analysis.
e. When the director of planning determines the library facilities impact analysis is cotnplete, he or she shall review it
within twenty (20) working days, and shall approve the proposed fee if it is determined that the tnethodology used to deter-
mine the proposed fair share library fee is professionally acceptable and fairly assesses the costs for capital itnprovements to
the county's library facilities that are necessitated by the proposed land developtnent activity if the county's library facilities
are going to be maintained at the level of service established in the cotnprehensive plan. If the director determines the meth-
odology is unreasonable, it shall be denied, and the developer shall pay the fair share library fee as established in this sub-
section.
f. Any person may appeal the county planning director's decision on any library facilities analysis he or she subtnits
by filing a petition with the Monroe County board of county comtnissioners within thirty (30) days of a decision by the
county planning director. In reviewing the county planning directo(s decision, the Monroe County board of county com-
missioners shall use the standards established in this section.
D. Credits to the Fair Share Library Fee.
I. Where the person initiating the land developtnent has entered into an agreement with the county to dedicate land,
books, periodicals or filIns, or to construct a library facility, the director of planning shall grant a credit against any fair
share library fee imposed by this section upon any new residential land development activity placing a delnand on the
county's library facilities in an amount equal to the dollar value of the capital iInprovements. No credit shall exceed the fair
share library fee imposed by this section for the proposed land development activity.
2. The detennination of the credit shall be undertaken through the submission of a proposed credit agreement to the
director of planning, which agreement shall include the following information:
a. Th{~ proposed donation of land, books, periodicals or films, or the proposed plan of specific library space improve-
ments~ and
b. Tht~ projected dollar value for the suggested donations or improvements which shall be based on local information
of similar land, books, periodicals, films or space improvements.
3. Tht~ proposed credit agreement shall be prepared by qualified professionals in the fields of planning, impact analy-
sis and economics.
4. Within twenty (20) working days of receipt of the proposed credit agreement, the director of planning shall deter-
mine if the proposal is cOtnplete. If it is determined that the proposed credit agreement is not complete, the director shall
send a writtt~n statement to the applicant outlining the deficiencies. The county planning director shall take no further action
on the proposed credit agreement until all deficiencies have been corrected or otherwise settled.
5. Once the director of planning determines the credit agreement is complete, he or she shall review it within twenty
(20) working days, and shall approve the proposed credit agreement ifit is determined that the proposed donation or space
ilnprOVetnent is consistent with the capital improvements outlined in the comprehensive plan for the county's library facili-
ties, and the proposed valuation of the donation or space improvement is professionally acceptable. If the director deter-
mines that either the proposed donation or space improvement is not consistent with the comprehensive plan, or that the
proposed costs are not acceptable, he or she shall deny the credit agreement and the applicant shall pay the fair share library
fee.
6. If the proposed credit agreement is approved by the director of planning, a credit agreement shall be prepared and
signed by the applicant and the county. It shall specifically outline the donation or space improvement that will be tnade by
the applicant and the dollar credit the applicant shall receive for the donation or space ilnprovement.
7. Any person may appeal the director of planning's decision on any credit agreement he or she submits by filing a
petition with the Monroe County board of county commissioners within thirty (30) days of a decision by the director. In
539
9.74.090
reviewing the director~ s decision~ the Monroe County board of county comlnissioners shall use the standards established in
subsection C of this section.
E. Review of the Fee Schedule. Prior to the adoption of the annual budget, the Monroe County board of county COln-
missioners shall receive a report from the county planning director reviewing the fair share library fee schedule in subsec-
tion C of this section and any recommended changes in the fee schedule. Changes in the schedule should be based on any
revisions to the population projections, library costs, inflation and other relevant factors.
F. Use of Funds Collected.
1. The county shall establish an appropriate accounting lnechanism for insuring that the fees collected pursuant to this
section are appropriately earmarked and spent for the capital expansion of the county~s library facilities.
2. Three accounts shall be established~ one for each subdistrict as shown in appendix A attached to the ordinance codi-
fied in this chapter~ and the fees collected pursuant to this section shall be paid into the accounts established for the subdis-
trict in which the new land development activity is proposed.
3. Expenditure of Fair Share Fees in Fund.
a. Proceeds from each account shall be used exclusively for the capital expansion of the county~s library facilities in
the subdistrict froln which the moneys have come, and in a manner consistent with the capital improvements plan of the
cOlnprehensive plan.
b. Any funds in the funds on deposit, not iInmediately necessary for expenditure, shall be invested in interest-bearing
assets. All income derived from these investments shall be retained in the applicable account. These moneys shall be util-
ized for the capital expansion of the county~s library facilities in a manner consistent with the capital improvements plan in
the cOlnprehensive plan.
c. Each year, at the time the annual county budget is reviewed, the director of planning shall propose appropriations to
be spent froln the fund. The proceeds shall be spent for capital improvements plan consistent with the capital improvements
plan of the comprehensive plan. Any amounts not appropriated froln the fund, together with any interest earnings, shall be
carried over in the specific account to the following fiscal period.
4. Refund of Fair Share Fees if Not Encumbered for Community Library Facilities.
a. Any fair share library fees collected shall be returned to the fee payer if the fees have not been spent or encumbered
within six years from the date the fees were paid. Fair share library fees collected shall be deemed to be spent (enculnbered)
on the basis of the first fee collected shall be the first fee spent for library ilnprovements.
b. Any fair share library fees collected shall be returned to the fee payer if the land development activity is canceled
due to noncommencelnent and if the fees have not been spent or encumbered. Fair share library fees collected shall be
deemed to be spent encumbered on the basis of the first fee collected shall be the first fee spent for library facilities iln-
provelnents.
c. The refund of fair share library fees shall be undertaken through the sublnission ofa refund application to be sub-
mitted within one year following the end of the sixth year from the date on which the fair share library fee was paid or
within three months of noncommencement. The refund application shall include the following information:
i. A notarized sworn statement that the fee payer paid the fair share community library fee for the property and the
amount paid~ and
ii. A copy of the receipt issued by the county for payment of the fee.
d. Within twenty (20) working days of receipt of the refund application, the director of planning shall determine ifit is
complete. If the director determines the application is not cOlnplete, he or she shall send a written statement specifying the
deficiencies by mail to the person submitting the application. Unless the deficiencies are corrected, the director shall take no
further action on the refund application.
e. When the director of planning determines the refund application is complete, he or she shall review it within twenty
(20) working days, and shall approve the proposed refund ifhe or she determines the fee payer has paid a fair share library
fee, which the county has not spent or encumbered within six years froln the date the fees were encumbered or within three
months of non-commencement.
f. Any fee payer may appeal the director ofplanning's decision on a refund application~ by filing a petition with the
Monroe County board of county commissioners within thirty (30) days of a decision by the director. In reviewing the
county planning director~s decision, the Monroe County board of county commissioners shall use the standards established
in subsection C of this section.
540
9.74. ] 00
G. Exemptions. The following new land development activities shall be exempted from payment of the fair share li-
brary fee:
I. Alterations or expansion of an existing dwelling unit~ including the replacement of or relocation within the service
district~ a mobilehome~ where no additional units are created and the use is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use;
3. The replacement of a destroyed or partially destroyed building or structure with a new building or structure of the
same size and use~
4. The construction of any publicly owned governmental buildings~ except for those used for permanent or telnporary
housing; and
5. The construction of any employee or affordable housing units~ provided that:
a. Prior to the issuance of a building pennit for such units., evidence shall be provided to the director of planning that a
notice of deferred payment of impact fee has been recorded on the chain of title., and
b. If the employee or affordable housing units because of occupancy or ownership no longer qualify as affordable or
elnployee units under the provisions of this title., the impact fee shall be due and owing. (Ord. 0] ] -2004 S 4; prior code
S 9.5-493)
9.74.100 Fair share solid waste impact fee.
A. Purpose and Authority.
I. The Monroe County board of county commissioners has determined and recognized through the adoption of the
comprehensive plan that the, growth rate the county will experience through the year 2005 will necessitate a significant ex-
pansion of the solid waste facilities in the county in order to maintain an acceptable level of service for county residents.
2. In order to finance these new solid waste facilities~ several combined Inethods of financing will be necessary., one
of which will require all land development in the county to pay a fair share solid waste fee which is consistent with the case
of Contractors and Builders Association of Pine lias County v. City ofDunedin~ 329 So.2d 3]4 (Fla. ] 976).
3. I mplementing such a regulatory and financing program is the responsibility of Monroe County in order to carry out
this chapter and the comprehensive plan pursuant to F.S. S 163.316] et seq.., and is in the best interest of the public"s health.,
safety and welfare.
4. It is the purpose of this section to establish a regulating system to assist in providing funding for the capital expan-
sion of these new solid waste facilities necessitated by the county"s new growth. Pursuant to this section., new land devel-
oplnent activity will be required to pay a fee which does not exceed a pro rata share of the reasonably anticipated costs it
requires for the capital expansion of new solid waste facilities.
5. It is not the purpose of this section to collect any lTIOney from any new residential developlnent in excess of the
actual amount necessary to offset the demand placed on new solid waste facilities. It is specifically acknowledged that this
section has approached the probleln of detennining the fair share fee in a conservative and reasonable manner.
B. Fee Schedule.
1. Prior to the issuance of a certificate of occupancy~ all land development., except for applicants who opt to make
their own independent calculation~ shall pay a fair share solid waste fee., as established by resolution of the board of county
commissioners.
This fee schedule shall be reviewed and revised by the board of county commissioners within six ITIonths of the effective
date of the plan based upon a study and recommendation by the director of planning.
2. The amount of the fair share solid waste fee shall be reviewed biannually thereafter by the board of county comlnis-
sioners. The purpose of this review is to analyze the effect of inflation on the actual costs of solid waste facilities and to
ensure that the fee charged new residential land development activity will not exceed its pro rata share of its reasonably an-
ticipated expansion costs for new solid waste facilities necessitated solely by its presence.
C. Individual Assessment of Impact of Developlnent on Solid Waste.
I. Any land development activity may determine its fair share solid waste fee by providing use and economic docu-
mentation that the actual impact of the land development on the solid waste facilities in the subdistrict in which the devel-
opment will be located is less than the fair share solid waste fee.
541
9.74. 1 00
2. The documentation sublnitted shall be prepared by a qualified professional engineer and shall show the basis upon
which the fee has been calculated~ including but not limited to the information about delnand for solid waste and costs for
solid waste facilities.
3. Within twenty (20) working days of receipt of an individual assessment~ the county planning director shall deter-
Inine ifit is cOlnplete. If the county planning director determines the application is not cOlnplete~ he or she shall send a writ-
ten statement specifying the deficiencies by mail to the person sublnitting the application. Unless the deficiencies are cor-
rected~ the county planning director shall take no further action on the individual assessment.
4. When the county planning director determines the individual assessment is complete~ he or she shall review it
within twenty (20) working days and shall approve the proposed fee if it is determined that the information and methodol-
ogy used to determine the proposed fair share solid waste fee are professionally acceptable and fairly assess the costs for
capital improvements to the county~s solid waste facilities that are necessitated by the proposed land development activity.
If the county planning director detennines the information and lTIethodology is unreasonable~ the proposed fee shall be de-
nied~ and the developer shall pay the fair share solid waste fee as established in subsection B of this section.
5. Any person may appeal the county planning director~s decision on an individual asseSSlnent he or she submits by
filing a petition with the board of county COlTIlTIissioners within thirty (30) days of a decision by the county planning direc-
tor. In reviewing the county planning director's decision, the county commission shall use the standards established in sub-
section B of this section.
D. Time and Amount of Payment. The fair share solid waste fee shall be paid prior to the issuance of a certificate of
occupancy. If, in the time between the date of the building permit application and the date of the request for a certificate of
occupancy~ the applicable fair share solid waste fee amount is altered, the fee due shall be the lower of the two amounts. All
funds collected shall be properly identified by subdistrict and promptly transferred to the Monroe county administrator's
office for deposit in the appropriate fund to be held in separate accounts as determined in subsection F of this section and
used solely for the purpose as established by this section.
E. Use of Funds Collected.
I. The funds collected pursuant to these provisions shall be used solely for the purpose of construction or expansion of
solid waste facilities in Monroe County, including but not limited to:
a. Design and construction plan preparation~
b. Land acquisition~
c. Acquisition of new incinerators~ and
d. Acquisition of trucks and housing building equipment.
2. All funds shall be used exclusively within the subdistricts from which they were collected and shall not be used to
Inaintain existing solid waste facilities.
F. Funds.
1 . There are established three separate funds~ one for each subdistrict as shown in appendix A attached to the ordi-
nance codified in this chapter.
2. Funds withdrawn from these funds must be used solely in accordance with the provisions of this section and in
compliance with the comprehensive plan. The disbursal of such funds shall require the approval of the board of county
commissioners.
3. Any funds on deposit not immediately necessary for expenditure shall be invested in interest-bearing accounts. All
income derived shall be deposited in the applicable account.
G. Refunds.
1. The fees collected pursuant to this section shall be returned to the then present owner of the land development if the
fees have not been spent or encumbered within a reasonable time, but not later than by the end of the calendar quarter im-
mediately following six years from the date fees were paid.
2. The fees collected pursuant to these provisions shall be returned to the present owner if the residential land devel-
opment activity is canceled due to nOnCOITIITIenCement of construction before the funds have been committed or spent.
3. Refunds shall be made in accordance with the following procedures:
a. The present owner must petition the board of county commissioners for the refund within one year following the
end of the sixth year from the date on which the fee was paid or within three months from the date of noncommencelnent.
The petition shall include:
i. A notarized statement that the petitioner is the current owner of the property~
542
9.74.110
11. A copy of the dated receipt issued showing paYlnent of the fee~
111. A certified copy of the latest recorded deed~ and
IV. A copy of the most recent ad valoreln tax bill.
b. Within three months from the date of receipt ofa petition for refund~ the director of the Inunicipal service district
will advise the petitioner and the board of county cOlnmissioners of the status of the fee requested for refund. For the pur-
pose of this section~ fees collected shall be deemed to be spent or encuInbered on the basis of the first fee in shall be the first
fee out. In other words~ the first money placed in a trust fund account shall be the first money taken out of that account when
withdrawals are made.
c. When the money requested is still in the trust fund account and has not been spent or encumbered by the end of the
calendar quarter immediately following six years froln the date the fees were paid~ the Inoney shall be returned with interest
at the rate of six percent per annum.
H. Exelnptions. The following new land development activities shall be exempted from payment of the fair share solid
waste fee~
I. Alterations or expansion of an existing dwelling unit~ including the replacement of or relocation within the service
district~ a Inobilehome~ where no additional units are created and the use is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use~
3. The replacement ofa destroyed or partially destroyed building or structure with a new building or structure of the
same size and use:
4. The construction of any publicly owned governmental buildings~ except for those used for permanent or temporary
housing~ and
5. The construction of any employee or affordable housing units~ provided that:
a. Prior to issuance of a building permit for such units~ evidence shall be provided to the director of planning that a
notice of deferred payment of impact fee has been recorded on the chain of title~ and
b. If the employee or affordable housing units because of occupancy or ownership no longer qualify as affordable or
employee units under the provisions of this title~ the ilnpact fee shall be due and owing.
I. Credits. In lieu of paying the fair share solid waste fee~ a developer Inay elect to dedicate land of suitable size~ di-
mension~ topography and general character to serve as a solid waste site or a substantial portion thereofwhich will meet the
solid waste needs created by the developlnent. The director of the municipal service district shall determine if the dedicated
land is an appropriate substitute for the fair share solid waste fee and the amount of credit to be given and the tilnetable for
cOlnpletion. (Ord. 01 I -2004 ~ 5~ prior code ~ 9.5-494)
9.74.110 Fair share police facilities impact fee.
A. Purpose and Authority.
1. The board of county commissioners has determined and recognized through the adoption of the comprehensive plan
that the gro\vth rate the county will experience through the year 2005 will necessitate a significant capital expansion of the
county~s police facilities.
2. In order to finance the capital expansion of these new police facilities to accommodate new growth~ several com-
bined methods of financing will be necessary~ one of which will require all land developlnent in the county to pay a fair
share police facilities fee which is consistent with the case of Contractors and Builders Association of Pinellas County v.
City of Dunedin~ 329 So.2d 314 (Fla. 1976).
3. Implelnenting such a regulatory and financing program is the responsibility of Monroe County pursuant to F.S.
~ 163.3161 et seq.~ and is in the best interest of the public~s health~ safety and welfare.
4. It is the purpose of this section to establish a regulatory systeln to assist in providing funding for the capital expan-
sion of these new police facilities created by the need to accommodate the county~s new growth. Pursuant to this section~
new land development will be required to pay a fee which does not exceed a pro rata share of the reasonably anticipated
costs for the capital expansion of new police facilities.
5. It is not the purpose of this section to collect any money from any new development in excess of the actual amount
necessary to offset the requirements for the capital expansion of new police facilities. It is specifically acknowledged that
this section has approached the problem of determining the fair share police facilities fee in a conservative and reasonable
manner.
543
9.74.110
B. Fair Share Police Facilities Fee To Be hnposed on New Residential Land Development Activity.
I. Fee. Any person \\ho shall initiate any new land development activity generating a need far police facilities except
for those applicants who prepare a police facilities impact analysis pursuant to subdivision 2 of this subsection., shall pay.,
prior to the issuance of a certificate of occupancy., a fair share police facilities fee as established by resolution of the board
of county commissioners.
Nonresidential., per 1000 square feet
$136.50
This fee schedule shall be reviewed and revised by the board of county commissioners within six months of the effective
date of the plan based upon a study and recommendation by the director of planning.
2. Police Facilities Impact Analysis. Any land development activity Inay determine its fair share police facilities fee
by providing use and economic documentation that the actual economic itnpact of the land development on the sheriff s
department facilities is less than the fair share police facilities fee set forth above. The documentation sublnitted shall be
prepared by qualified professionals in the field and shall show the basis upon which the fair share fee has been calculated.,
including but not lilnited to information about demand for police space., patrol cars and jail facilities.
3. Review. The amount of the fair share police facilities fee shall be reviewed biannually by the board of county
comlnissioners. The purpose of this review is to analyze the effect of inflation on the actual costs of pol ice facilities and to
ensure the fee charged new residential land development activity will not exceed its pro rata share of its reasonably antici-
pated expansion costs for new police facilities necessitated solely by its presence.
C. Time and Amount of Payment. No certificate of occupancy shall be issued until any applicable fair share police fee
is paid. If., in the time between the date of the building permit application and the date of the request for a certificate ofoc-
cupancy., the applicable fair share police fee amount is altered., the fee alnount due shall be the lower of the two amounts.
D. Use of Funds Collected.
I. The funds collected pursuant to these provisions shall be used solely for the purpose of the capital expansion of
police facilities in Monroe County., including but not limited to:
a. Design and construction plan preparation~
b. Land acquisition~
c. Acquisition of new patrol cars~ and
d. Acquisition of jail facilities.
2. Such funds shall not be used to maintain existing police facilities.
E. Credits to the Fair Share Police Facilities Fee.
I. Where a person initiating land development activity has entered into an agreement with the county to dedicate land
or construct a building for police facilities that are consistent with the comprehensive plan., the county planning director
shall grant a credit against any fair share police facilities fee imposed by this section upon the new land development activ-
ity. A credit equal to the dollar value of the land dedicated or police facility in the agreement shall be provided. No credit
shall exceed the fair share police facilities fee imposed by this section for the proposed land development activity.
2. The determination of the credit shall be undertaken through the submission of a proposed credit agreelnent to the
county planning director., which agreement shall include the following information:
a. The proposed land or plan of police building improvement prepared and certified by a duly qualified and licensed
Florida engineec and
b. The projected costs for the proposed land or building improvelnents.
The proposed credit agreement shall be prepared by qualified professionals in the fields of engineering., impact analysis
and economics.
3. Within twenty (20) working days of receipt of the proposed credit agreement., the county planning director shall
determine if the proposal is complete. If it is determined that the proposed agreement is not cOlnplete., the county planning
director shall send a written statement to the applicant outlining the deficiencies. The county planning director shall take no
further action on the proposed credit agreelnent until all deficiencies have been corrected or otherwise settled.
4. Once the county planning director determines the credit agreelnent is cOlnplete., he or she shall review it within
twenty (20) working days., and shall approve the proposed credit agreement ifit is determined that the proposed land dedica-
tion or building improvement is consistent with the capital improvements outlined in the comprehensive plan and the pro-
posed costs far the land or building improvement are professionally acceptable and fairly assess the cost for the capital iln-
544
9.74.]]0
provement. If the county planning director determines that either the suggested land dedication or building improvement is
not consistent with the proposed improvements outlined in the plan or that the proposed costs are not acceptable~ he or she
shall deny the proposed credit agreement.
5. [fthe proposed credit agreement is approved by the county planning director~ a credit agreelnent shall be prepared
and signed by the applicant and the county. It shall specifically outline the land dedication or building improvelnent that
will be constructed by the applicant~ the time by which it shall be completed~ and the dollar credit the applicant shall receive
for construction of the land dedication or building improvement.
6. Any person may appeal the county planning director's decision on any credit agreement he or she submits by filing
a petition with the board of county commissioners within thirty (30) days of a decision by the county planning director. In
reviewing the county planning director's decision~ the board of county comlnissioners shall use the standards established in
subsection B of this section of this section.
F. Review of the Section and Fee Schedule. Prior to the adoption of the annual budget~ the Monroe County board of
county comlnissioners shall receive a report from the county planning director reviewing the fair share police facilities fee
schedule in subsection 8 of this section and any recommended changes in the fee schedule. Changes in the schedule should
be based on any revisions to the population projections~ costs~ inflation and other relevant factors.
G. Use of Funds Collected.
I. The county shall establish an appropriate accounting mechanism for ensuring that the fees collected pursuant to this
section are appropriately eannarked and spent for the capital expansion of the county sheriff s department.
2. Three accounts shall be established~ one for each subdistrict as shown in appendix A attached to the ordinance codi-
fied in this title; and the fees collected pursuant to this section shall be paid into the accounts established for the subdistrict
in which the new land development activity is proposed.
3. Expenditure of Fair Share Fees in Accounts.
a. Proceeds from each account shall be used exclusively for the capital expansion of the county sheriffs department in
the subdistrict from which the moneys have COlne~ and in a manner consistent with the capital improvements plan of the
comprehensive plan.
b. Any funds in the fund on deposit, not immediately necessary for expenditure~ shall be invested in interest -bearing
assets. All income derived from these investments shall be retained in the applicable account. These moneys shall be util-
ized for the capital expansion of the county sheriffs department in a manner consistent with the capital improvements plan
in the comprehensive plan.
c. Each year~ at the time the annual county budget is reviewed~ the director of planning shall propose appropriations to
be spent froln the funds. The proceeds shall be spent for capital improvements from which the fund moneys have come~
consistent with the capital improvements plan of the comprehensive plan. Any amounts not appropriated froln the funds~
together with any interest earnings~ shall be carried over in the specific account to the following fiscal period.
4. Refund of Fair Share Fees if Not Enculnbered.
a. Any fair share police facilities fees collected shall be returned to the fee payer if the fees have not been spent or
encumbered within six years from the date the fees were paid. Fair share police facilities fees collected shall be deemed to
be spent or encumbered on the basis of the first fee collected shall be the first fee spent for police facilities.
b. Any fair share police facilities fees collected shall be returned to the fee payer if the land development activity is
canceled due to noncommencelnent~ and if the fees have not been spent or encumbered. Fair share police facilities fees col-
lected shall be deemed to be spent or enculnbered on the basis of the first fee collected shall be the first fee spent for road-
way hnprovement.
c. The refund offair share police facilities fees shall be undertaken through submission ofa refund application to be
submitted within one year following the end of the sixth year froln the date on which the fair share police facilities fee was
paid or within three Inonths of the date of noncom men cement. The refund application shall include the following informa-
tion:
I. A notarized statement that the fee payer paid the fair share police facilities fee for the property and the amount paid;
and
11. A copy of the receipt issued by the county for payment of the fee.
d. Within twenty (20) working days of receipt of the refund application~ the county planning director shall determine
if it is complete. If the county planning director determines the application is not complete, he or she shall send a written
545
9.74.120
statement specifying the deficiencies by mail to the person sublnitting the application. Unless the deficiencies are corrected~
the county planning director shall take no further action on the refund application.
e. When the county planning director detennines the refund application is complete~ he or she shall review it within
twenty (20) working days~ and shall approve the proposed refund ifhe or she detennines the fee payer has paid a fair share
police facilities fee~ which the county has not spent or enculnbered within six years from the date the fees were enculnbered
or within three months of the date of nonCOlnmencement.
f. Any fee payer may appeal the county planning director~s decision on a refund application by filing a petition with
the board of county commissioners within thirty (30) working days of a decision by the county planning director. In review-
ing the county planning director.s decision~ the board of county commissioners shall use the standards established in
subsection 0 of this section.
H. Exelnptions. The following new land development activities shall be exelnpted froln payment of the fair share po-
lice facilities fee:
I. Alterations or expansion of an existing dwelling unit~ including the replacelnent of or relocation within the service
district~ a mobilehome~ where no additional units are created and the use is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use~
3. The rep lacement of a destroyed or partially destroyed building or structure with a new building or structure of the
saIne size and use~
4. The construction of any publicly owned governmental buildings~ except for those used for pennanent or telnporary
hous ing~ and
5. The construction of any employee or affordable housing units~ provided that:
a. Prior to the issuance of a building permit for such units~ evidence shall be provided to the director of planning that a
notice of deferred payment of impact fee has been recorded on the chain of title~ and
b. If the employee or affordable housing units because of occupancy or ownership no longer qualify as affordable or
employee units under the provisions of this title~ the impact fee shall be due and owing. (Ord. 011-2004 S 6~ prior code
~ 9.5-495)
9.74.120 Affordable and employee housing fair share impact fee trust fund.
A. Purpose.
I. The board of county commissioners has determined and recognized through the adoption of Volume II of the Mon-
roe County Comprehensive Land Use Plan and in recognition of the recommendations contained in the affordable housing
study prepared for the city of Key West and the county of Monroe by the Plantec Corporation dated February~ 1988~ that the
county will need significant amounts of affordable and employee housing through the year 2005 and that it is in the interest
of the public welfare to supply regulatory incentives in order to aid in the increase of the stock of affordable and employee
housing.
2. All new comlnerciat multifamily residential~ institutional and industrial developlnent creates a direct or indirect
requirement for affordable or elnployee housing.
3. Additional capital costs of providing new affordable and employee housing are the connection fees (impact fees)~
systeln development fees~ and impact fees of the FKAA~ CES~ and the Florida Keys Electric Co-op~ and the cost of land
infrastructure improvelnents for qualified affordable housing projects.
4. It is the purpose of this section to establish a trust fund to receive the regulatory impact fees collected under this
section and Section 9.38.060 and~ through their expenditure, to provide for the payment of the above enumerated agencies.
impact fees~ land acquisition cost and infrastructure fees which are necessary capital costs associated with the provisions of
affordable and employee housing.
5. It is further the purpose of this section to provide a fair and equitable fair share fee for affordable and elnployee
housing impacts generated by commercial~ recreational, multifamily residential~ institutional and industrial development~
which are not otherwise required to provide employee housing~ in all urban residential mobilehome~ urban residential mo-
bilehome-limited~ sparsely settled~ native area~ mainland native area. offshore island~ ilnproved subdivision. recreational
vehicle~ military facilities~ airport and parks and recreation districts~ except for accessory uses~ home occupations and sin-
gle-family~ mobile hOlne~ and duplex dwellings.
546
9.74.120
B. Exemptions. The following new land development activities shall be exelnpted from the requirement to provide
employee housing:
I. Alterations or expansion of an existing multifamily dwelling unit where no additional units are created and the use
is not changed~
2. The construction of accessory buildings or structures which are not dwelling units and which do not constitute an
increase in intensity of use~
3. The replacement ofa destroyed or partially destroyed building or structure with a new building or structure of the
saIne size and use~
4. The construction of any public ly owned governlnental buildings~ except for those used for permanent or telnporary
housing~ and
5. The construction of single-family~ mobilehome and duplex dwellings.
C. Establishment of Fee Schedule-General Enabling Language. The Monroe County planning departlnent in
cooperation with the Affordable Housing Task Force for the Florida Keys shall~ not later than June I ~ 1990~ prepare a fair
share employee housing fee schedule and specific requirements for deposit offunds~ use of funds collected~ refund offees~
and exelnption of fees for new land uses that create the need for employee housing and do not provide such housing. The
fee schedule shall be reviewed at least simultaneously or sooner with the preparation of the comprehensive plan as required
by rule 9J-5, Florida Adlninistrative Code. (Prior code ~ 9.5-496)
547
9.76.010
Sections:
9.76.010
9.76.020
9.76.030
9.76.040
9.76.050
9.76.060
9.76.070
9.76.080
9.76.090
9.76.100
9.76.110
Chapter 9.76
VACATION RENTAL PERMITS
Special vacation rental permit.
Exemptions.
Vacation rental manager license.
Permit, license and fees.
Regulations.
Special vacation rental permit application.
Notification to adjacent neighbors and permit, approval, issuance and appeal.
Fines or revocation of special vacation rental use permit.
Duration and renewal of special vacation rental use permit.
Vacation rental manager license-Application, issuance, renewal, fines and revocation.
Prohibitions, enforcement, and penalties.
9.76.0 I 0 Special vacation rental permit.
An owner or agent is required to obtain an annual special vacation rental pennit for each dwelling unit prior to renting
any dwelling unit as a vacation rental~ as defined in code Section 9.02.040~ except as provided for under Section 9.76.020. A
special vacation rental permit is nontransferable between owners. A change of ownership of the vacation rental unit shall
require the new owner or his or her agent to obtain a new vacation rental permit for the residential dwelling unit. (Prior code
~ 9.5-534(a))
9.76.020 Exemptions.
A vacation rental permit is not required for the following:
A. A vacation rental of a dwelling unit located within a controlled access~ gated community with a hOIneowner.s or
property owner's association that expressly regulates or manages vacation rental uses~ or
B. A vacation rental of a dwelling unit within a lnultifamily building located within a multifalnily district~ which has
twenty- four (24) hour on-site management or twenty- four (24) hour on-site supervision that has received an exemption from
the planning director. To meet these site management or supervision requirelnents~ a designated individual or individuals
lnust be physically located within the building or within three hundred (300) feet of the subject building and must be avail-
able at all times to respond to tenants~ and neighbors. cOlnplaints. To obtain an exemption under the provisions of this sec-
tion. the owner or agent must submit an application to the planning department in a forIn prescribed by the planning direc-
tor. (Prior code ~ 9.5-534(b))
9.76.030 Vacation rental manager license.
A vacation rentallnanager license is required from the county planning department for an individual to be a vacation
rental manager under the provisions of this section. The vacation rental manager shall be: (i) the designated contact for re-
sponding to complaints lnade by neighbors against vacation rental tenants~ and (ii) responsible for maintaining the guest
register~ leases~ and official complaint response records for a vacation rental unit as required by this chapter. (Prior code
~ 9.5-534(c))
9.76.040 Permit, license and fees.
A. Special vacation rental permits will be issued by the planning director or designee~ upon payment of a nonrefund-
able fee and submittal of a cOlnplete application in a form prescribed by the planning director in accordance with Section
9.76.060.
B. Vacation rentallnanager licenses will be issued by the planning director~ or designee~ upon payment of a nonre-
fundable fee and submittal of a complete application to the planning department in a form prescribed by the planning direc-
tor.
548
9.76.050
C. The annual fees for the special vacation rental permit and vacation rental manager license shall be established by
resolution of the board of county commissioners.
D. A decision to approve or deny a special vacation rental permit can be appealed to the planning cOlnmission within
thirty (30) days pursuant to Chapter 9.82. (Prior code S 9.5-534(d))
9.76.050 Regulations.
All special vacation rental units, requiring a special vacation rental perInit shall cOlnply with the following regulations at
all tilnes:
A. No more than one motorized watercraft, including ajet ski or wave runner, shall be allowed at each vacation rental
unit. The watercraft may be moored at either an existing on-site docking facility or stored on a trailer in an approved parking
space.
B. Vehicles, watercraft and trailers shall not be placed on the street or in yards. All vehicles, watercraft and boat trail-
ers Inust be parked or stored off-street in parking spaces specifically designated and approved in the special vacation rental
pennit. One vehicle parking space shall be required per bedroom or efficiency unit and one boat trailer space per vacation
rental unit.
C. No boat docked at a vacation rental property shall be chartered to a person other that registered guests of the vaca-
tion rental unit or used for live-aboards, sleeping or overnight accommodations. In addition, recreation vehicles shall not be
used for sleeping or overnight accommodations at the vacation rental unit.
D. Occupants shall be prohibited from making excessive or boisterous noise in or about any residential dwelling unit at
all times. Noise, which is audible beyond the boundaries of the residential dwelling unit, shall be prohibited between the
hours often p.m. and eight a.ln. weekdays and eleven p.m. and nine a.m. on weekends.
E. All trash and debris on the vacation rental property must be kept in covered trash containers. Each vacation rental
unit Inust be equipped with at least four covered trash containers for such purpose. Owners must post, and occupants must
comply with, all trash and recycling schedules and requirements applicable to the vacation rental unit. Trash containers must
not be placed by the street for pick-up until six p.m. the night before pick-up and must be removed froln the area by the
street by six p.m. the next day.
F. A tenant(s)'s agreement to the forgoing rules and regulations must made a be part of each and every lease under
F.S. S 509.01 for any vacation rental unit subject to the provisions of this chapter. These vacation rental regulations govern-
ing tenant conduct and use of the vacation rental unit shall be prominently posted within each dwelling unit subject to the
provisions of this chapter along with the warning that violations of any of the vacation rental regulations constitutes a viola-
tion of Monroe County Code subject to fines or punishable as a second degree misdelneanor and is also grounds for imme-
diate termination of the lease and eviction froln the leased premises and critninal penalties under F.S. S 509.] 51 C"defraud-
ing an innkeeper"), F.S. S 509. ]4] (""ejection of undesirable guests"), F.S. S 509.]42 C"conduct on prelnises) or F.S.
S 509. 143 (disorderly conduct on premises, arrest").
G. The owner or agent shall require a lease to be executed with each vacation rental use of the property and Inaintain a
guest and vehicle register listing all vacation rental occupants' names, home addresses, telephone numbers, vehicle license
plate and watercraft registration numbers. Each lease and this register shall be kept by the vacation rental manager and
available for inspection by Monroe County code enforcement personnel during business hours.
H. Vacation rental units must be registered, licensed and meet all applicable state requirements contained in F.S. Ch.
212 (Florida Tax & Revenue Act) and F.S. S 509 (Public Lodging Establishments) as implemented by the Florida
Adlninistrative Code, as Inay be amended.
I. The vacation rental use must comply with all state of Florida Department of Health and state of Florida Department
of Environnlental Protection standards for wastewater treatment and disposal.
J. All vacation rental units shall have a vacation rental manager or managers, who has been issued a vacation rental
manager license by the planning departlnent as provided for in Section 9.76.080. The vacation rental manager shall reside
within and be licensed for that section of the county (upper, middle, and lower keys) where the vacation rental unit is lo-
cated and be available twenty-four (24) hours per day, seven days a week for the purpose of promptly responding to cOln-
plaints regarding conduct or behavior of vacation rental occupants or alleged violations of this chapter. Any change in the
vacation rental manager shall require written notification to the planning department and notification by certified return mail
to property owners within three hundred (300) feet of the subject dwelling.
549
9.76.060
K. Complaints to the vacation rentallnanager concerning violations by occupants of vacation rental units to this sec-
tion shall be responded to within one hour. The neighbor who made the cOlnplaint shall be contacted by telephone or in per-
son and informed as to the results of the actions taken by the manager. A record shall be kept of the cOlnplaint and the man-
ager~s response for a period of at least three months after the incident~ which shall be available for inspection by the Monroe
County code enforcement department during business hours.
L. The name~ address~ and telephone number of the vacation rental manager( s)~ the telephone number of county code
enforcement department and the number of the special vacation rental pertnit shall be posted and visible from the front
property line of the vacation rental unit.
M. The tenants agreement with the rules of conduct shall be posted in a conspicuous location in each vacation rental
unit. (Prior code S 9.5-534(e))
9.76.060 Special vacation rental permit application.
A complete special vacation rental pertnit application shall include the following:
A. The complete legal description~ street address~ RE number and location of the vacation rental unit~
B. Proof of ownership and the name" address and telephone number of each and every person or entity with an owner-
ship interest in the dwelling unit~
C. An approved Florida State Department of Health or Florida State Department of Environmental Protection inspec-
tion or certification of the adequacy of the sewage disposal system for use as a vacation rental unit~
D. The gross square footage of the dwelling unit~ location and number of rooms~ bedrooms~ bathrooms~ kitchens"
apartments~ parking spaces and any other information required to determine compliance with vacation rental requirements
and compl iance with this title~
E. A valid and current Florida Department of Revenue sales tax identification nUlnber under F. S. Ch. 212 (Florida Tax
and Revenue Act) and a valid and current permit~ license or approval under F.S. Ch. 509 (Public Lodging Establishments)~
F. The name~ address~ and telephone number of the vacation rentallnanager~ including the vacation rental manager"s
license number~
G. The applicant shall sign a written statement granting authorization to Monroe County code enforcement departlnent
to inspect the premises of the vacation rental unit prior to the issuance of the special vacation rental permit and at any other
time after issuance of such permit~ concerning compliance with this title:
H. The application shall bear the signature of all owner(s)., all authorized agent(s) and authorized manager(s) of the
owner(s)~
I. Any additional information required to determine compliance with the provisions of this chapter. (Prior code ~ 9.5-
534(f))
9.76.070 Notification to adjacent neighbors and permit, approval, issuance and appeal.
A. The applicant or agent shall send a notice of vacation rental use application by certified return mail to all property
owners located within three hundred (300) feet of the dwelling unit which is the subject of the special vacation rental pennit
application~ not less than thirty (30) days prior to the date of approval of the application. The notice of application shall be
in a form prescribed by the planning director or his or her designee and shall clearly state the nalne., address and day/evening
telephone numbers of each and every vacation rental manager~ agent~ caretaker and owner of the dwelling unit~ the number
of the Monroe County code enforcement department~ and a copy of the tenants agreelnent. Notice to the adjacent property
owners must include the following statement:
You have the right to appeal a decision to approve or deny this special vacation rental permit to the planning
commission within thirty (30) days under code Chapter 9.82. You may have other rights that Monroe County can-
not enforce. Review of a special vacation rental permit application by Monroe County will consider the existence
of valid private deed restrictions~ restrictive covenants or other restrictions of record which Inay prohibit the use of
the dwelling unit for vacation rental purposes. You may wish to consult an attorney concerning these private
rights.
B. The applicant or agent shall provide proof to the planning department ofsublnitting the notice of vacation rental use
application. The special vacation rental permit shall not be issued until proof of this notification is provided and the special
550
9.76.080
vacation rental permit has been approved by the planning director after completion of an on-site inspection of the subject
dwelling unit by the code enforcement department. When approved by the planning director~ the special vacation rental
permit shall not be issued until thirty (30) days after the notices of application were sent to all property owners located
within three hundred (300) feet of the dwelling unit that is the subject of the permit. (Prior code S 9.5-534(g))
9.76.080 Fines or revocation of special vacation rental use permit.
A special vacation rental permit shall be revoked by the planning commission and/or fines levied by the code enforce-
ment special master or a court of competent jurisdiction after a finding of a violation by the pennit holder of this chapter~
the special vacation rental permit or permit conditions or any material misrepresentation on the pennit application~ after the
owner(s) is given notice and a hearing is held by the planning commission~ code enforcement special master or a court of
cOlnpetent jurisdiction. (Prior code S 9.5-534(h))
9.76.090 Duration and renewal of special vacation rental use permit.
Special vacation rental use pennits shall expire one year after the date of their issuance~ unless renewed within thirty (30)
days of their expiration date. Renewal of a special vacation use permit requires the owner or agent to sublnit an application
in a form prescribed by the planning director to the planning department and payment of a nonrefundable fee~ including
proof of a current license and registration under F.S. Ch. 509 and Ch. 212. (Prior code S 9.5-534(i))
9.76.100 Vacation rental manager license-Application, issuance, renewal, fines and revocation.
A. An individual shall submit an application for a vacation rental manager license in a form prescribed by the planning
director accompanied with a payment of a nonrefundable fee. The license shall be issued for a period of one year and re-
newable annually. The license shall be for only one specific section of the county (upper~ middle~ or lower keys) and no
individual shall apply for or be issued more than one vacation rental manager license at a time.
B. After notice is given to the vacation rental manager and a public hearing is held~ a vacation rentallnanager license
shall be revoked by the planning commission and/or fines levied by the code enforcement special master or court of compe-
tent jurisdiction upon a finding of: a total of two or more "no responses" to complaints registered by the public concerning
tenants not following the terms of the tenants agreelnent~ during any single year of the vacation rental manager~s license~ or
two or more violations of this chapter which are pertinent to the duties and responsibilities of a vacation rental manager. A
vacation rental manager license shall be revoked if the license holder is found in violation of any of the regulations in Sec-
tion 9.76.IIO(A) through (C).
C. An individual who has had his or her license revoked shall not be eligible to resubmit an application for obtaining a
new vacation rentallnanager license until two years after the date of revocation of his or her license. (Prior code S 9.5-
5340))
9.76.110 Prohibitions, enforcement, and penalties.
A. It is unlawful for any landlord~ tenant~ agent or other representative of a landowner to rent~ lease~ advertise or hold
out for rent any dwelling unit for vacation rental use in any district where a vacation rental use is prohibited~ except as oth-
erwise exempted under this chapter.
B. It is unlawful for any landlord~ tenant~ agent or other representative of a landlord to rent~ lease~ advertise or hold out
for rent any dwelling unit for a vacation rental use without a special vacation rental permit~ except as otherwise exempted
under this chapter.
C. After the effective date of this chapter~ leases~ subleases~ assignments or any other occupancy agreements~ for com-
pensation for less than twenty-eight (28) days in duration:
I. Shall not be entered into or renewed once they have expired or have terminated in any district in which tourist
housing use is prohibited or in any district in which a vacation rental use is allowed unless a special vacation rental pennit~
building pennit~ inspection and certificate of occupancy for the vacation rental use (or for the conversion of an existing
dwelling unit to vacation rental use) are first obtained; and
2. Any pre-existing vacation rental uses shall not be considered a lawful nonconforming use under Section 9.26.030
and must be discontinued in any land use districts that prohibit vacation rental uses no later than thirty (30) days after the
effective date of this section. Except that a vacation rental use that was established~ and had obtained all of the required state
55)
9.76.]10
and local permits and licenses~ (a) prior to September ] 5~ 1986~ (b) or under any code provisions that expressly allowed va-
cation retail uses~ may relnain pursuant to code Section 9.26.030.
D. Monroe County Code Section 1.08.130 shall not bar code enforcement for new vacation rental violations occurring
after the effective date of this chapter.
E. Prilna facie evidence of vacation rental uses of a dwelling unit shall include: (i) registration or licensing for short-
tenn rental or transient rental use by the state under F.S. Chs. 212 (Florida Tax and Revenue Act) and 509 (public lodging
establishments)~ (ii) advertising or holding out a dwelling unit for vacation rental use~ (iii) reservations~ booking arrange-
ments or more than one signed lease~ sublease~ assignment~ or any other occupancy or agreement for compensation~ trade~ or
other legal consideration addressing or overlapping any period of twenty-eight (28) days or less~ or (iv) the use of an agent
or other third person to make reservations or booking arrangements.
F. A violation of any of the regulations in subsections A through C of this section shall be punishable as a second de-
gree misdelneanor and by a fine of up to five hundred dollars ($500.00) per day~ per unit~ per violation. The code enforce-
ment departlnent Inay also enforce the tenns of this section by bringing a case before the special master pursuant to code
Section 1.08.050~ or by code Section] .08.] I O~ F.S. ~ 162.21 (as may be amended)~ or 76-435~ Laws of Florida (as Inay be
amended). Ifa code enforcement citation is issued~ the fine shall be two hundred fifty dollars ($250.00) for the first offense
and five hundred dollars ($500.00) for each subsequent offense.
G. In addition to any other remedies available to Monroe County (including code enforcement pursuant to F.S. Ch.
162). Monroe County or any or other adversely affected party may enforce the terms of this chapter in law or equity. Any
citizen of Monroe County Inay seek injunctive reliefin a court of competent jurisdiction to prevent a violation of this chap-
ter or to revoke a special vacation rental permit or vacation rental manager license~ as set forth above. Attorney~ s fees and
costs incurred in an action to enforce these regulations concerning vacation rental use(s) may be awarded to a substantially
prevailing party at the discretion of the court. (Prior code S 9.5-534(k))
552
Sections:
9.78.010
9.78.020
9.78.030
9.78.040
9.78.050
9.78.060
9.78.070
9.78.080
9.78.090
9.78.100
9.78.1 10
9.78.010
Chapter 9.78
VARIANCES
Pu rpose.
Authority and scope of authority.
Application.
Procedures.
Decision.
Standards.
Special accessibility setback variance.
Public notification of proposed approval.
Decision by the planning director.
Public hearing by the planning commission.
Variances granted by planning commission.
9.78.010 Purpose.
The purpose of this chapter is to establish authority~ procedures~ and standards for the granting of variances from certain
requirelnents of this title. (Ord. 034-2003 S 1 (part): prior code S 9.5-523(a))
9.78.020 Authority and scope of authority.
In addition to waivers from front yard setback requirements that may be granted by the planning director~ the planning
director is authorized to grant the following variances according to the standards of Section 9.78.060:
A. Reduction in the front~ and rear yard~ nonshoreline setback requirements in Chapter 9.40 by no more than ten (10)
feet and side yard setback by no more than twenty (20) percent~
B. Reduction in the off-street parking requirements in Chapter 9.50 by no more than twenty (20) percent~
C. Reduction in the bufferyard width requirements for Class C~ D~ E~ and F district boundaries, major streets, and sce-
nic corridors in Chapter 9.54 by no more than ten (1 0) percent~
D. Reduction by no more than ten (10) percent in the total area of landscaping required for off-street parking and load-
ing in Chapter 9.50. (Editorially amended during 2004 codification~ Ord. 034-2003 ~ 1 (part): prior code ~ 9.5-523(b))
9.78.030 Application.
An application for a variance under this chapter shall be submitted to the planning director. (Ord. 034-2003 S I (part):
prior code ~ 9.5-523(c))
9.78.040 Procedures.
The planning director shall normally complete his or her review of the entire application and render a proposed decision
within fifteen (15) working days of receipt of the application. (Ord. 034-2003 S 1 (part): prior code ~ 9.5-523(d))
9.78.050 Decision.
The planning director~s decision shall be in writing. Except for the special accessibility setback variance as provided for
in Section 9.78.070~ a variance shall only be granted ifall of the standards in Section 9.78.060 are met. (Ord. 034-2003 ~ 1
(part): prior code ~ 9.5-523(e))
9.78.060 Standards.
The planning director shall grant a variance under this chapter if the applicant demonstrates that all of the following
standards are met:
A. The applicant shall demonstrate a showing of good and sufficient cause~
B. Failure to grant the variance would result in exceptional hardship to the applicant~
553
9.78.070
C. Granting the variance will not result in increased public expenses., create a threat to public health and safety., create
a public nuisance., or cause fraud or victilnization of the public~
D. Property has unique or peculiar circulnstances., which apply to this property., but which do not apply to other
properties in the same zoning district
E. Granting the variance will not give the applicant any special privilege denied other properties in the ilnmediate
neighborhood in tenns of the provisions of this title or established developlnent patterns~
F. Granting the variance is not based on disabilities., handicaps or health of the applicant or members of his or her faln-
i ly~
G. Granting the variance is not based on the domestic difficulties of the applicant or his or her family~ and
H. The variance is the minimum necessary to provide relief to the applicant. (Ord. 034-2003 S ] (part): prior code
~ 9.5-523(t))
9.78.070 Special accessibility setback variance.
Notwithstanding the standards in Section 9.78.060(0) through (G)., a variance froln the yard setback requirements Inay
be granted for an elevator or wheelchair lift or ramp required to allow access to the elevated dwelling unit of a disabled ap-
plicant or disabled melnber of his or her household. (Ord. 034-2003 ~ ] (part): prior code S 9.5-523(g))
9.78.080 Public notification of proposed approval.
After determining that an application for a variance complies with the requirelnents of this chapter., the planning director
shall provide written notice of proposed approval and require posting as follows:
A. The planning director shall provide written notice by regular mail to owners of real property located within three
hundred (300) feet of the property that is the subject of the proposed variance.
B. The applicant shall post the property of the proposed variance with a waterproof sign of at least four square feet in
front surface area., which is lettered so as to be easily visible from all public streets and public ways abutting the property.
The property shall remain posted for no less than thirty (30) consecutive calendar days beginning within five working days
of the date that the application is deemed to be in compliance by the planning director.
C. The above notice and posting shall provide a brief description of the proposed variance and indicate where the pub-
lic may examine the application. The cost of providing notice and posting shall be borne by the applicant. (Ord. 034-2003
~ 1 (part): prior code ~ 9.5-523(h))
9.78.090 Decision by the planning director.
After thirty (30) calendar days of proper posting., review of all public responses to the variance application and upon a
finding that the proposed variance and application process have or have not complied with the requirements of this chapter.,
the planning director shall issue a written variance decision. (Ord. 034-2003 S 1 (part): prior code S 9.5-523(i))
9.78.100 Public hearing by the planning commission.
If requested in writing by the applicant., or an adversely affected owner or resident of real property located in Monroe
County during the required thirty (30) calendar days of posting., a public hearing shall be scheduled on the application for a
variance. All costs of the public hearing shall be the responsibility of the applicant. The public hearing shall be conducted in
accordance with Section 9.] 0.050 and provisions of Section 9.78.110. (Ord. 034-2003 ~ ] (part): prior code S 9.5-523(j))
9.78.110 Variances granted by planning commission.
A. Purpose. The purpose of this section is to authorize procedures and standards for the granting of variances from
certain provisions of this title.
B. Authority and Scope of Authority. The planning commission is authorized to grant the following variances in ac-
cordance with the standards in Section 9.78.060:
1. Front., back., side., and rear yard setback requirements in Chapter 9.40~
2. ~istrict boundary., major street and scenic corridor bufferyard requirements in Chapter 9.42~
3. Off-street parking and loading space requirements in Chapter 9.50~
4. Landscaping requirements in Chapter 9.52~
5. Access standards in Chapter 9.60.
554
9.78.]]0
c. Application and Procedures. An application for a variance shall be submitted to the planning director. The planning
director shall review the entire application and all public responses thereto and prepare a staff report with recolnmendations
for the planning commission. The variance application shall be heard at a regularly scheduled meeting of the planning
commission. Notice~ posting and hearing requirements shall be in accordance with Section 9.10.050.
D. Decision. The planning commission's decision shall be in writing in accordance with Section 9.02.040. Except for
the special accessibility setback variance provided for in Section 9.78.070, a variance shall only be granted if the standards
in Section 9.78.060 are met. (Ord. 034-2003 S 3 (part): prior code ~ 9.5-524)
555
9.80.010
Chapter 9.80
HEARING OFFICER REVIEW
Sections:
9.80.010
9.80.020
9.80.030
9.80.040
9.80.050
9.80.060
9.80.070
9.80.080
Jurisdiction.
Invocation of jurisdiction.
Preparation of the record.
Contents of the record.
Contents of the briefs.
Oral argument and the contents and effect of the hearing officer's order.
Motions and sanctions.
Automatic stay of order to be reviewed.
9.80.0 I 0 Jurisdiction.
Hearing officers shall review by appeal planning commission action when authorized by the Monroe County land devel-
oplnent regulations or Chapter 9.86. (Prior code ~ 9.5-535)
9.80.020 Invocation of jurisdiction.
The jurisdiction of the hearing officer under this chapter shall be invoked by filing a copy of the notice of the appeal and
the filing fee with the secretary to the planning commission. The county commission shall establish a reasonable filing fee.
The fonn of the notice shall be prescribed by the planning director. (Prior code ~ 9.5-536)
9.80.030 Preparation of the record.
Within thirty (30) days offiling the notice~ the secretary shall prepare the record prescribed in Section 9.80.040 and serve
copies of the index of the record on all parties. Within ninety (90) days of the filing of the notice~ the secretary shall transmit
the record to the hearing officer and copies to all parties. The county cOlnmission may establish reasonable fees for copies
furnished the parties. (Prior code ~ 9.5-537)
9.80.040 Contents of the record.
A. The record in a case governed by this chapter shall consist only of:
I. All applications~ memoranda~ or data sublnitted to the planning commission~
2. Evidence received or considered by the planning commission~
3. Questions and proffers of proof~ objections~ and rulings thereon~ presented to the planning commission~
4. The transcript of the hearing before the planning commission transcribed by a certified court reporter at the expense
of the appellant and furnished to the secretary~ and
5. The order of the planning cOlnmission.
B. The secretary shall prepare the record in the following fashion:
I. Upon receipt of the transcript froln the court reporter~ each page shall be consecutively nUlnbered. The transcript
shall be securely bound in consecutively numbered volumes not to exceed two hundred (200) pages each.
2. The relnainder of the record~ including any supplelnents~ shall be consecutively numbered and securely bound in
volumes not to exceed two hundred (200) pages.
3. The secretary shall prepare a complete index to the record.
C. The burden to ensure that the record is prepared and transmitted to the hearing officer and the parties shall be on the
appellant.
D. If there is an error or omission in the record~ the parties by stipulation~ the planning commission~ or the hearing
officer may correct the record. If the hearing officer finds the record incomplete~ he or she shall direct a party to supply the
omitted parts of the record. No case shall be decided because the record is incomplete until an opportunity to supplement the
record has been given.
E. The record shall be returned to the secretary after the disposition of the case by the hearing officer. (Prior code
~ 9.5-538)
556
9.80.050
9.80.050 Contents of the briefs.
A. The appellant's initial briefshall be filed with the hearing officer and served on the parties within fifty (50) days of
the filing of the notice. The appellee's answer briefshall be filed and served within twenty (20) days of service of the initial
brief. The appellant's reply brief, if any, shall be filed and served within ten (10) days of service of the answer brief.
B. The contents of the initial brief shall include:
1. A table of contents listing the issues presented for review, with reference to pages~
2. A table of citations with cases listed alphabetically, statutes and other authorities and the pages of the brief on
which each citation appears~
3. A statement of the case and of the facts, which shall include the nature of the case, the course of the proceedings,
and the disposition in the lower tribunal. References to the appropriate pages of the record or transcript shall be Inade~
4. A sumlnary of argument, suitably paragraphed, condensing succinctly, accurately, and clearly the argument actually
made in the body of the brief;
5. Argument with regard to each issue~
6. A conclusion, of not more than one page, setting forth the precise relief sought.
C. The contents of the answer briefshall be prepared in the same manner as the initial briefprovided the statement of
the case and facts shall be omitted unless there are areas of disagreement, which should be clearly specified.
D. Contents of the reply brief shall contain argument in response and rebuttal to argument presented in the answer
brief.
E. The initial and answer briefs shall not exceed fifty (50) pages in length. Reply briefs shall not exceed fifteen (15)
pages in length. The table of contents and the citation of authorities shall be excluded from the computation. (Prior code
~ 9.5-539)
9.80.060 Oral argument and the contents and effect of the hearing officer's order.
A. Within sixty (60) days of the filing of the briefs and the record, the hearing officer shall schedule the case for oral
argument.
B. Within forty-five (45) days of oral argument, the hearing officer shall render an order which may affinn, reverse or
modify the order of the planning commission. The hearing officer's order may reject or modify any conclusion of law or
interpretation of the Monroe County land development regulations or cOlnprehensive plan in the planning commission's
order, whether stated in the order or necessarily implicit in the planning commission's determination, but he or she may not
reject or modify any findings of fact unless he or she first determines from a review of the complete record, and states with
particularity in his or her order, that the findings offact were not based upon competent substantial evidence or that the pro-
ceeding before the planning commission on which the findings were based did not comply with the essential requirements
of law.
C. The hearing officer's final order shall be the final administrative action of Monroe County. (Prior code ~ 9.5-540)
9.80.070 Motions and sanctions.
Upon the application of any party, the hearing officer may grant reliefunder this chapter or impose sanctions for the fail-
ure of a party to comply with this chapter, including the striking of untimely, irrelevant or scandalous portions of a brief or
the record or the dismissal of an appeal, as the interests of justice may require. An application for an order seeking sanctions
for failure ofa party to comply with this chapter or for other reliefunder this chapter shall be made by filing a motion stat-
ing the sanction or relief sought and the basis therefor with the hearing officer and serving a copy on the opposing party. A
motion for an extension of time shall, and other motions may, contain a certificate from the movant or his or her counsel
that he or she has consulted the opposing parties or, if they have counsel, opposing counsel and that he or she is authorized
to represent that they have no objection or that they will promptly file an objection. A party may file and serve one response
to a motion within ten (10) days of service of the motion. The service and filing ofa motion shall not toll the time by which
any act must be performed under this chapter unless so ordered by the hearing officer. Within fifteen (15) days of the filing
of the motion or the response as appropriate, the hearing officer shall grant any sanction or reliefas Inay be appropriate but
shall not dismiss any appeal without affording the appellant at least one opportunity to correct the offending error. (Prior
code * 9.5-541)
557
9.80.080
9.80.080 Automatic stay of order to be reviewed.
The filing of an appeal under this chapter shall operate as an automatic stay on the effectiveness of any developlnent or-
der to be reviewed unless the stay is dissolved by the hearing officer upon the lTIotion of a party showing that the interests of
justice require such dissolution. (Prior code 9 9.5-542)
APPENDIX A. IMPACT FEE SUBDISTRlcrS
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558
9.82.010
Chapter 9.82
APPEALS
Sections:
9.82.010
9.82.020
9.82.030
9.82.040
9.82.050
9.82.060
Authority.
Initiation.
P roced u res.
Effect of filing an appeal.
Action of the commission.
Appeal to hearing officer.
9.82.010 Authority.
The planning comlnission shall have the authority to hear and decide appeals from any decision, determination or inter-
pretation by any administrative official with respect to the provisions of this title and the standards and procedures hereinaf-
ter set forth., except that the board of county cOlnlnissioners shall hear and decide appeals from adlninistrative actions re-
garding the floodplain management provisions of this title. (Prior code ~ 9.5-521 (a))
9.82.020 Initiation.
An appeal may be initiated by an owner, applicant, adjacent property owner, any aggrieved or adversely affected person,
as defined by F.S. ~ 163.3215(2), or any resident or real property owner from any order, decision, determination or interpre-
tation by any administrative official with respect to the provisions of this title. (Prior code ~ 9.5-521 (b))
9.82.030 Procedures.
A notice of appeal in the form prescribed by the director of planning must be filed with the county administrator and with
the office or department rendering the decision, determination or interpretation within thirty (30) working days of the deci-
sion. Such notice shall be accompanied by the names and addresses of the owner, applicant, property owner, and adjacent
property ow'ners. The filing of such notice of appeal will require the administrative official whose decision is appealed to
forward to the commission or board within five working days any and all records concerning the subject matter of the ap-
peal and to send written notice of the appeal to the owner, applicant, property owner, and adjacent property owners, if dif-
ferent frotTI the person filing the appeal, within five working days of receipt of the notice of appeal. Failure to file such ap-
peal shall constitute a wai ver of any rights under this title to appeal any interpretation or determination made by an adminis-
trative official. (Prior code ~ 9.5-521 (c))
9.82.040 Effect of filing an appeal.
The filing of a notice of appeal shall stay all permit activity and any proceedings in furtherance of the action appealed
from unless the administrative official rendering such decision, determination or interpretation certifies in writing to the
commission and the applicant that a stay poses an imlninent peril to life or property, in which case the appeal shall not stay
further permlit activity and any proceedings. The commission shall review such certification and grant or deny a stay of the
proceedings. (Prior code ~ 9 .5-521 (d))
9.82.050 Action of the commission.
The planning commission shaH consider the appeal at a duly called public hearing following receipt of all records con-
cerning the subject matter of the appeal. Any person entitled to initiate an appeal may have an opportunity to address the
commission at that meeting and argument shall be restricted to the record below except that a party appealing an administra-
tive decision, determination or interpretation shall be entitled to present evidence and create a record before the planning
commission; any appeals before the hearing officer shall be based upon and restricted to the record. (Prior code S 9.5-
521{e))
559
9.82.060
9.82.060 Appeal to hearing officer.
Any person participating as an appellant or appellee at the hearing described in Section 9.82.050 may request an appeal
of that decision under the hearing officer appellate chapter of these regulations (Chapter 9.80) by filing the notice required
by that chapter within thirty (30) days after the date of the written decision of the planning commission. (Prior code ~ 9.5-
521(f))
560
9.84.0 I 0
Chapter 9.84
AMENDMENTS
Sections:
9.84.010
9.84.020
9.84.030
9.84.040
9.84.050
Amendments to this title.
Authority.
Timing.
Proced u res.
Typographical or drafting errors.
9.84.010 Amend ments to this title.
A. Purpose. The purpose of this chapter is to provide a means for changing the text of this title. It is not intended to
relieve particular hardships, nor to confer special privileges or rights on any person, nor to permit a change in cOlnmunity
character, as analyzed in volume I of the plan, but only to make necessary adjustments in light of changed conditions. In
detennining whether to grant a requested amendment, the board of county commissioners shall consider~ in addition to the
factors set forth in this chapter, the consistency of the proposed amendment with the provisions and intent of the plan. (Prior
code ~ 9.5-:51 ] (a))
9.84.020 Authority.
The board of county commissioners may amend the text of this title upon the compliance with the provisions of this
chapter. Arrlendments may be proposed by the board of county commissioners, the planning commission, the director of
planning, or the owner or other person having a contractual interest in property to be affected by a proposed amendment.
The director of planning shall have the responsibility to establish the format as approved by the board of county comlnis-
sioners by vvhich applications can be submitted and shall have the authority to screen those amendments, processing only
those which are presented on a complete application; and those deemed insufficient shall be returned to the applicant for
correction and resubmittal within twenty-one (21) days. (Prior code ~ 9.5-51 ] (b))
9.84.030 Timing.
Applications for map and text amendments to this title shall be accepted at any time. The planning director shall review
and process the map and text amendment applications as they are received and pass them on to the development review
committee and the planning commission for recommendation and final approval by the board of county commissioners.
(Prior code ~ 9.5-511 (c))
9.84.040 Procedures.
A. Proposals by Board of County Commissioners, Planning Commission or Director of Planning. Proposals for
amendments by the board of county commissioners, the planning commission or the director of planning shall be transmit-
ted to the planning department and the development review committee for review and recommendation to the planning
commission.
B. Proposals by Affected Landowners. Any landowner or other person having a contractual interest in property desir-
ing to petition the board of county commissioners for an amendment to the land use district map shall be required to file an
application 'Nith the director of planning accompanied by a nonrefundable application fee as established from time to time
by the board of county commissioners to defray the actual cost of processing the application. The director of planning shall
transmit the proposed amendment to the planning department and the development review committee for review and prepa-
ration of a recommendation to the planning commission.
c. Public Hearing(s). The planning commission and the board of county commissioners each shall hold at least one
public hearing on a proposed amendment to the text of this title or to the land use district map.
I . Notice. Notice of a proposed amendment to either the text of this title or the land use map shall be provided by pub-
lication of advertisements of all required public hearings, the advertisements to be no less than one-quarter page in a stan-
dard size or a tabloid size newspaper, and the headline in the advertisements to be in a type no smaller than eighteen ( 18)
point. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertise-
561
9.84.050
ments appear. The advertiselnent shall be published in a newspaper of general paid circulation in the county and of general
interest and readership in the cOlnmunity, not one oflilnited subject matter. It is the intent that, whenever possible~ the ad-
vertisements shall appear in a newspaper that is published at least five days a week. The advertiselnents for amendlnents to
the land use Inap shall be in the following fonn:
Notice of Change of Land Use Regulations
Monroe County proposes to regulate the use of land within the area shown in the Inap in this advertisement.
Public hearings on the proposal will be held on (date and tilnes) at (lneeting p]aces).
The advertisements also shall contain a geographic location Inap which clearly indicates the area covered by the pro-
posal. The map shall include Inajor street names as a means of identification of the area.
a. The advertisement for an amendment to the text of this title shall state in a brief form the nature of the amendlnent
to be considered at the public hearing.
b. Notice by publication shall be provided, in the case of amendments to the land use district map, at least thirty (30)
days prior to any required public hearing and in the case of amendments to the text of this title at least fifteen (15) days prior
to any required public hearings.
2. Posting of Notice. At least thirty (30) days prior to any public hearing required under this chapter. the planning de-
partment shall post on the property that is the subject of the hearing a sign or signs in accordance with the requirements of
Section 9.10.050.
3. Other Notice. Notice of all public hearings shall be mailed to all organizations, associations and other interested
persons or groups which have registered with the department of planning and paid an annual fee to defray the cost of In ail-
lng.
D. Action by Planning Comlnission. The planning cOlnmission shall review the application, the reports and reCOln-
mendations of the department of planning and the development review committee, and the testimony given at the public
hearing, and shall submit its recommendations and findings to the board of county commissioners.
E. Action by Board of County Commissioners Following Public Hearing(s).
1. The board of county commissioners shall consider the report and recomlnendation of the department of planning,
the developlnent review cOlnmittee, and the planning commission and the testimony given at the public hearings.
2. The board of county commissioners Inay consider the adoption of an ordinance enacting the proposed change based
on one or more of the following factors:
a. Changed projections (e.g., regarding public service needs) froIn those on which the text or boundary was based:
b. Changed assumptions (e.g., regarding demographic trends):
c. Data errors, including errors in mapping, vegetative types and natural features described in volulne I of the plan:
d. New issues:
e. Recognition of a need for additional detail or comprehensiveness: or
f. Data updates:
however, in no event shall an amendment be approved which will result in an adverse community change of the planning
area in which the proposed developlnent is located.
3. In the event of a written protest against such amendment signed by the owners of twenty (20) percent or more either
of the area of the lots or land included in the proposed alnendment or of the lots or land immediately adjoining the property
to be affected and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the
favorable vote of four members of the board of county commissioners.
4. Except as provided in subsection (E)(3) of this section, the board of county commissioners may adopt the proposed
amendment or the proposed amendment as modified by not less than a majority of its total membership. (Prior code ~ 9.5-
SIl(d))
9.84.050 Typographical or drafting errors.
Amendments to the text to correct typographical or drafting errors may be adopted by the board of county cOlnmissioners
without posted notice or public hearing at any regular meeting. As long as the county is within an area of critical state con-
562
9.84.050
cern, notice' of such amendments shall be transmitted to the Florida Departlnent of COlnmunity Affairs within thirty (30)
days. (Prior code 9 9.5-51] (e))
563
9.86.010
Sections:
9.86.0 I 0
9.86.020
9.86.030
9.86.040
9.86.050
9.86.060
9.86.070
9.86.080
9.86.090
9.86.100
9.86.110
9.86.120
9.86.130
9.86.140
9.86.150
Chapter 9.86
MISCELLANEOUS LAND USE REGULATIONS
Abandoned veh icles.
Abandoned watercraft.
Authority to enter upon private property.
No overnight camping.
No camping on county property.
Condominiums.
Deed restrictions.
Moving of buildings.
Occupational licenses.
Parking of trucks, trailers and travel trailers.
Storage of flammable liquids.
Use of public right-of-way.
Construction trailers.
Aviation hazards.
Animals.
9.86.010 Abandoned vehicles.
Within all land use districts except I districts~ all vehicles which are inoperative and/or unlicensed for a period often (10)
days shall be prohibited on any public right-of-way or on private property except within a cOlnpletely enclosed garage.
(Prior code ~ 19-95)
9.86.020 Abandoned watercraft.
Within all land use districts except I districts~ all watercraft which are inoperative and/or unlicensed for a period of thirty
(30) days and appear to be in a state of decay and/or abandonment~ as determined by the code enforcement administrator~
shall be prohibited on any waterway~ shore~ private or public property unless contained in a completely enclosed building.
(Prior code ~ 19-96)
9.86.030 Authority to enter upon private property.
Any member of the building and zoning department~ in the performance of his or her duties under the provisions of this
title may enter upon public or private property and lnake proper examinations and surveys as deemed necessary in the ad-
ministration and enforcement of this title. (Prior code ~ ] 9-100)
9.86.040 No overnight camping.
A. 1. No person may camp within the right-of-way of U.S. I in the unincorporated area of Monroe County between the
hours of eleven p.m. and six a.m. For the purposes of this section~ the placement of a tent or parking of a recreational vehi-
cle as defined in F.S. ~ 320.01 (1 )(b)~ on the right-of-way ofU .S. 1 during the designated hours shall be presulned to consti-
tute camping.
2. No person may calnp within the right-of-way of any arterial or collector street maintained by Monroe County in the
unincorporated area of the county between the hours of eleven p.m. and six a.m. For the purposes of this section~ the place-
Inent ofa tent or the parking ofa recreational vehicle as defined in F.S. S 320.0](I)(b)~ on the right-of-way of any of the
streets described during the designated hours shall be presumed to constitute camping.
B. Any violations of this section shall be prosecuted in the same Inanner as misdemeanors are prosecuted in the name
of the state in a court having jurisdiction ofmisdelneanors by the prosecuting attorney thereof and upon conviction shall be
punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonlnent in the county jail not to exceed sixty
(60) days or by both such fine and ilnprisonlnent. (Prior code ~ 19-102)
564
9.86.050
9.86.050 No camping on county property.
A. Definitions. For the purposes of this section:
I. ~i.Camp" or \'i.camping" means to pitch or occupy a tent or other temporary shelter for sleeping or other habitation
purposes. C:amping may include the use of calnping equipment.
2. HCamping equipment" includes, but is not litnited to, tarpaulins, cots, beds, sleeping bags, boxes or cartons, and
portable stoves or other cooking paraphernalia but not barbecue grills provided by the county.
3. ~"County owned property" means any property owned and/or managed by the board of county cOlnmissioners of
Monroe County, Florida, as well as property owned and/or managed in its capacity as the Monroe County cOlnprehensive
plan land authority regardless of whether such property is located in the unincorporated portion of Monroe County or within
the territoriallilnits of any municipality within Monroe County.
4. i.~Safe zone" Ineans a facility designated by the board and/or by the governing body of any Inunicipa]ity within
Monroe County where hOlneless persons can engage in life sustaining activities free froln the threat of arrest.
B. Prohibition. No person shall camp on county-owned property. The mere act ofa person sleeping in a public place is
not alone sufficient to constitute a violation of this section, unless at least one indicium of camping exists.
1. Before making an arrest under this section, a law enforcement officer must first inquire of a person accused of vio-
lating the ordinance whether that person is homeless.
2. Before a person claiming to be homeless may be arrested under this section, a law enforcement officer must first
advise the person of the availability of a safe zone and afford the person the option of relocation to a safe zone in lieu of
arrest.
C. Personal Property. In the event a person is arrested under this section, the arresting officer shall use reasonable ef-
forts to identify and preserve the personal property of the person.
D. Penalty. A violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by
itnprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
E. Exceptions. This section does not apply to:
1. Conduct prohibited by Section 9.86.040~
2. Any facility, site, or location designated by resolution or ordinance of the board~
3. The use of a beach umbrella or similar equipment used to provide temporary shade on a beach during daytime
hours of operation for that facility. (Ord. 020-2004 ~ 2: prior code ~ 19-102.5)
9.86.060 Condominiums.
This title shall be construed and applied with reference to the nature of the use of such property without regard to the
form of ownership. Condominium forms of ownership shall be subject to this title as is any other form of ownership. Con-
dOlniniulns of any kind, types or use shall comply with the provisions ofF.S. Ch. 718, known as the \'i.Condominium Act."
(Prior code S 19-104)
9.86.070 Deed restrictions.
This title shall not affect any deed restrictions or restrictive covenants recorded with any deed, plat, or other legal docu-
ments, relating to the use, or lot and building requirelnents. No person or agency, in the capacity of enforcing and adminis-
tering this title, shall be responsible for enforcing any deed restrictions or restrictive covenants. Property owners and bui]d-
ers should take such restrictions into consideration before applying for a permit to avoid possible action by aggrieved par-
ties. (Prior code ~ ] 9-105)
9.86.080 Moving of buildings.
When any building is moved from any location within or from without Monroe County, Florida, to any location within
the unincorporated area of Monroe County, the building shall immediately be made to conform to all provisions of the
Standard Building Code and the zoning ordinance of Monroe County, Florida. The persons causing the building to be
moved shall secure a building permit from the building and zoning department and shall post a performance bond of one
thousand dollars ($1 ,000.00) conditioned upon the building being made to conform to all codes of Monroe County, Florida
and this title, within six months from the date of issuance of the permits~ such bond to be returned when all work has been
completed in accordance therewith. (Prior code ~ J 9-116)
565
9.86.090
9.86.090 Occupational licenses.
A. Applications for occupational licenses must be approved by the department of planning before the office of the tax
collector can issue the license applied for. As a condition for approval~ the applicant lnust have a permanent Monroe County
address and the property for which the license is being applied must be situated in a land use district permitting the proposed
use. (Prior code S 19-123)
9.86.100 Parking of trucks, trailers and travel trailers.
A. Within any residential district~ no trucks~ trailers or wagons of one-ton or greater capacity or recreational vehicle-
type units~ as defined in F.S. S 320.01~ in excess of forty-two feet (42) in length and in excess of eight and one-half feet in
width shall be parked for storage purposes~ including overnight~ on any public right-of-way or on private property except
within a cOlnpletely enclosed garage. No trailers of less than one-ton capacity~ including all pleasure boat trailers regardless
of capacity. collapsible calnping trailers and cargo trailers shall be parked for storage purposes~ including overnight~ on any
public right-of-way~ but such trailers Inay be parked on private property in any district pursuant to subsection B of this sec-
tion and this title. Only one recreational vehicle-type unit as defined in F.S. ~ 320.0 1 ~ shall be pennitted on anyone residen-
tial or mobilehome lot for storage purposes as provided in this section. Trucks~ trailers~ wagons or recreational vehicle-type
units as referred to in this subsection may only be parked on the same lot with and after the principal structure is erected.
B. All trailers~ motor homes or Inotor coaches parked in accordance with this title shall be parked taking into account
the setback requirements as is set forth in this title.
C. Trailers. motor homes or motor coaches that are parked for storage as per the provisions of this title shall not be
used as a place of habitation.
D. These vehicles must be registered in the name of the owner or the tenant of the property where they are parked.
(Ord. 009-2004 S 1 ~ prior code S 19-129)
9.86.110 Storage of flammable liquids.
No buildings. structures~ or premises shall be used for the storage~ sale or use of gasoline or any other liquid with a flash-
point of sixty (60) degrees Fahrenheit or less where any of the boundaries of the lot upon which such gasoline or other liq-
uid is stored~ used or sold are within two hundred (200) feet~ measured in a straight line~ of the nearest boundary line of any
building or structure used as a church~ school~ hospital~ home for the aged~ nursing home~ orphanage~ auditoriuln~ or theater.
except open air theaters. This provision shall not prevent the use of liquefied gases for domestic heating purposes. Any stor-
age offlamlnable liquids shall be subject to the requirements of the American Insurance Association. (Prior code ~ 19-138)
9.86.120 Use of public right-of-way.
The sale of merchandise from within the limits and confines of all public roads or street rights-of-way lying within the
territory under the jurisdiction of this title is prohibited. (Prior code S 19-143)
9.86.130 Construction trailers.
A special permit may be granted for the placement of a construction trailer on a site where construction is being done~
provided no human habitation shall be allowed therein~ and the applicant furnishes the building department with an affidavit
stating that such permit does not violate deed restrictions in the subdivision in which the trailer is to be placed. Such permit
shall be for a duration of up to one hundred and twenty ( 120) days~ and if conditions warrant one extension may be granted
by the zoning director. Any further extensions lnay be granted by the zoning board upon good cause shown. (Prior code
S 19-147)
9.86.140 Aviation hazards.
No use shall be made of land or water within the county in such a manner as to interfere with the operation of an airborne
aircraft. The following special requirements shall apply to each permitted use.
A. All lights or illumination used in conjunction with street~ parking~ signs or use of land and structures shall be ar-
ranged and operated in such a manner that it is not misleading or dangerous to aircraft operating from a public or military
airport or in vicinity thereof.
B. No operations from any use shall produce smoke~ glare or other visual hazards within three statute miles of any
usable runway of a public or military airport.
566
9.86.]50
C. No operations from any use in Monroe County shall produce electronic interference with navigation signals or ra-
dio cOlnmunication between the airport and aircraft.
D. Notwithstanding the preceding provision of this section, the owner of any structure over two hundred (200) feet
above ground level must install on that structure lighting in accordance with Federal Aviation Administration Advisory Cir-
cular 70-7460-1 C and seven hundred forty-nine (749) feet above mean sea levellnust install on that structure high intensity
white obstruction lights which lnust be in accordance with Federal Aviation Adlninistration Advisory Circular 70-7460-1 C
and alnendlnents.
E. A variance may be granted froln the terms of this section pursuant to the procedure set forth in Chapter 9.78. A
copy of the variance application shall be furnished to the Florida Department of Transportation, Bureau of Aviation. No
variance shall be granted ifit would create any additional hazard or if the variance is objected to by the Florida Department
of Transportation.
F. Speciallnedical evacuation locations for helispots may be granted by the planning director without meeting district
requirements, as may be judged in the public interest, conditioned upon obtaining Florida DOT and FAA approvals for such
use. (Prior code ~ 19-] 52)
9.86.150 Animals.
A. No livestock, such as cows, goats, sheep or pigs, barnyard animals such as chickens, ducks, or geese, shall be kept
either penned or loose in any residential zone in Monroe County. Domesticated pets (dogs and cats, etc.) shall be kept as
provided in subsection B of this section. Anilnals considered wild shall not be allowed in any residential zone in Monroe
County .
B. A maximum of two domesticated pets shall be allowed on any residential property or in any residential unit.
C. All animals, whether livestock, barnyard animals, ordinary household pets or other animals shall only be kept on
any land in Monroe County in a manner that complies with all sanitary regulations of the Monroe County health depart-
ment. All food and water for such animals shall be kept in suitable covered containers shall not be left exposed to flies, ver-
min or birds~ shall not be left exposed to the sun and heat so as to cause putrescence and shall not be allowed to cause any
offensive odors. (Prior code S ] 9-153)
567
9.88.010
Sections:
9.88.010
9.88.020
9.88.030
9.88.040
9.88.050
9.88.060
9.88.070
9.88.080
9.88.090
9.88.100
9.88.110
9.88.120
9.88.130
Chapter 9.88
LAND ACQUISITJON PROGRAM
Short title.
Pu rpose.
Land authority-Created.
Land authority-Powers.
Land authority-Meetings.
Monroe County comprehensive plan land authority advisory committee-Established.
Land authority advisory committee-Meetings and actions.
Land authority advisory committee-Powers.
Selection of parcels of land for acquisition.
Annual report.
Plan of acquisition.
Executive director.
Severa bility.
9.88.010 Short title.
This chapter Inay be referred to as the ~l.Monroe County Comprehensive Plan Land Authority Ordinance." (Prior code
~9.3-1)
9.88.020 Purpose.
This chapter is adopted for the purpose of establishing a land acquisition program in Monroe County as a Ineans of iln-
plelnenting the goals, policies and objectives of the Monroe County comprehensive plan, including, but not lilnited to:
A. The protection of property rights of smalllandowners~
B. The consolidation of substandard lots:
C. The provision of land for the development of affordable housing~
D. The preservation of environmentally sensitive lands~
E. The preservation of the habitats of rare, threatened or endangered species of plants and animals~
F. The enhancement of the cOlnlnunity character of Monroe County~ and
G. The protection of open space, scenic corridors and viewsheds. (Prior code ~ 9.3-2)
9.88.030 Land authority-Created.
There is created a Monroe County conlprehensive plan land authority (hereinafter ~l.the land authority"). The board of
county commissioners shall be the governing body of the land authority. A chairperson and vice-chairperson shall be elected
annually by the members of the land authority. (Prior code ~ 9.3-3)
9.88.040 Land authority-Powers.
The land authority is empowered:
A. To sue and be sued, to have a seal, to alter the nalne at its pleasure, and to authorize the use of a facsimile thereof~
B . To make and execute contracts and all other legal instruments necessary or convenient to carry out the purposes of
this title and the land authority~
C. To undertake and carry out studies and analysis of innovative cOlnprehensive plan implementation techniques, in-
cluding acquisition of fee or less than fee interests in real property~
D. To undertake and carry out studies and analysis of the developability of land under the Monroe County comprehen-
sive plan and land developlnent regulations~
E. To undertake and carry out studies and analysis of the value of real property~
F. To acquire and dispose of real and personal property or any interest or estate therein, including, but not lilnited to,
fee or less than fee interests such as easements, life estates, development rights, leases, lease-back arrangements and options
568
9.88.050
whenever necessary or convenient to carry out the purposes of this title and the Land Authority Act by any means~ includ-
ing~ but not limited to~ purchase~ sale or exchange;
G. To borrow money by any lawfullneans~ including the issuance ofbonds~ for the purposes provided in this title and
in the Land Authority Act and to provide for and secure payment therefor and to provide for the rights of the holders
thereof;
H. To purchase bonds of the land authority out of any funds or Inonies available to the land authority therefor and to
hold~ cancel or resell such bonds;
I. To invest any funds held by the land authority not required for ilnmediate disbursement in such investments as Inay
be authorized for trust funds under F.S. 9 215.47 and in any investment Inade on behalf of the land authority by the state
Board of Administration or by another trustee appointed for the purpose;
J. To contract for and to accept in any form whatsoever gifts, grants~ loans or other aid and assistance from the United
States government~ the state of Florida, the South Florida Regional Planning Counci]~ Monroe County~ or any other person~
association or corporation;
K. To ensure and procure insurance against any loss in connection with any action of the land authority, including the
issuance of bonds and to pay premiums therefor;
L. To make such rules and regulations as are necessary and convenient to carry out the purposes of this chapter and
the land authority pursuant to either the provisions of F.S. Ch. 120 or by resolution;
M. To elnp]oy personnel~ including an executive director~ as are necessary and convenient to carry out the purposes of
this title and the land authority;
N. To engage the services of private consultants on a contract basis as is necessary and convenient to carry out the
purposes of this chapter;
O. To identify and propose for acquisition parcels of land within Monroe County that are appropriate for acquisition
by the state of Florida with funds from the Conservation and Recreation Land Trust Fund (CARL) or any other program of
land acquisition undertaken by any governmental agency; and
P. To do any and all things necessary or convenient to carry out the purposes of this title or the land authority. (Prior
code ~ 9.3-4)
9.88.050 Land authority-Meetings.
A. Meetings. A meeting of the governing body of the land authority shall be held upon the call of the chairperson or at
the request of three members of the land authority. All meetings shall be open to the public~ and notice of such meetings
shall be given as required for meetings of the board of county commissioners. At least one Ineeting shall be held quarter]y.
B. Quorum and Voting. A majority of the governing body of the land authority shall constitute a quorum; provided~
however~ that no action shall be taken by an affirmative vote of less than a majority of the total membership of the govern-
ing body.
C. Expenses. Members of the land authority shall receive no compensation for services, but shall be entitled to neces-
sary expenses~ including per diem and travel expenses incurred in the discharge of official duties~ as provided by law. (Prior
code 9 9.3-5)
9.88.060 Monroe County comprehensive plan land authority advisory committee-Established.
There is created a Monroe County comprehensive plan land authority advisory committee (hereinafter the "advisory
committee~~). The advisory committee shall be comprised offive members appointed by the governing body of the land au-
thority. The members shall serve for three-year terms~ except that the initial terms shall be staggered so that the terms of no
more than t\NO members shall end in any single year. The membership of the advisory comlnittee shall include the follow-
Ing:
A. A resident of the city of Key West if the referendum passes; ifnot~ a representative of the business comlnunity in
Monroe County;
B. A resident of the Lower Keys as defined by the Monroe County comprehensive plan;
C. A resident of the Middle Keys as defined by the Monroe County comprehensive plan;
D. A resident of the Upper Keys as defined by the Monroe County comprehensive plan;
E. A representative ofa not-for-profit corporation or association dedicated to the acquisition of land for conservation
and preservation purposes.
569
9.88.070
A single member of the advisory comlnittee may satisfy Inore than one of the Inembership requirements. One member of
the advisory cOlnmittee shall be elected as chairperson at the first meeting held after January I st of each year. No melnber
shall serve as chairperson for more than three consecutive terms. Any member \vho shall miss four consecutive meetings
shall be deemed to have forfeited his or her membership and a new member shall be appointed to serve out the balance of
the disqualified member~s term. (Prior code S 9.3-6)
9.88.070 Land authority advisory committee-Meetings and actions.
A. Meetings. Meetings of the Monroe County comprehensive plan land authority advisory cOlnmittee shall be held at
least Inonthly and at the call of the chairperson or upon the request of three members of the advisory cOInmittee. All meet-
ings shall be open to the public~ and notice of such meetings shall be given as required for the meetings of the board of
county cOInmissioners.
B. Quorum and Voting. A majority of the advisory comlnittee shall constitute a quorum~ and the affinnative vote ofa
majority of those lnelnbers present shall be required to take official action.
C. Expenses and Compensation. MeInbers of the advisory committee shall receive one hundred dollars ($100.00) per
meeting~ not to exceed two Ineetings per Inonth for necessary expenses~ and no additional reimburselnent for expenditures
will be allowable~ commencing on October I ~ 1986. (Prior code 9 9.3-7)
9.88.080 Land authority advisory committee-Powers.
The advisory committee shall establish~ on or before January 15th of each year~ an identification and prioritization of
land acquisition for the land authority. The advisory committee shall give priority according to the following:
A. Priority shall be given to the acquisition of parcels of land for which a qualified option was given to the land
authority prior to January 15~ 1987 over all parcels of land for which no such option was given. For the purposes of this sec-
tion~ a ~~qualified option" means:
I. A bona fide~ irrevocable offer to sell at a fixed price for a period of at least one year~
2. An offer to sell at no more than one hundred fifteen (115) percent of the assessed value of the parcel of land accord-
ing to the most recent tax assessment prior to June I ~ 1986~ and
3. An offer containing an express request and authorization to retain priority for the acquisition of the parcel of land
by renewing the option for an additional period of at least one year.
B. Priority shall be given to parcels of land located within designated areas of critical county concern over all parcels
of land not located within an area of critical county concern.
C. Priority shall be given to parcels of land that are located in areas that are served by inadequate or deficient public
services. (Prior code S 9.3-8)
9.88.090 Selection of parcels of land for acquisition.
The Monroe County comprehensive plan land authority shall select lands for acquisition by approving in whole or in part
the list of parcels identified and prioritized by the advisory committee. The land authority shall have the authority to delete
identified parcels froIn the list compiled by the advisory committee but shall have no authority to otherwise change the pri-
ority of acquisition or to add parcels of land to the list for acquisition. No property shall be acquired unless:
A. The acquisition is consistent with the Monroe County comprehensive plan and land development regulations~
B. The property to be acquired is within an area designated as an area of critical state concern at the time of acquisi-
tion~ and
C. The property to be acquired has not within one year of and at the time of acquisition~ been selected for purchase
through another local~ regional~ state or federal public land acquisition program. (Prior code ~ 9.3-9)
9.88.100 Annual report.
The land authority shalL within six months after the end of each fiscal year~ prepare and submit to the governor and the
presiding officers of each of the houses of the legislature a complete and detailed report describing:
A. The activities of the land authority during the ended fiscal year~ including a list of parcels of land or other interests
acquired or sold~
B. An accounting of all receipts and expenditures of the land authority during the ended fiscal year~ and
570
9.88.110
C. The land authority's assets and liabi I ities at the end of the fiscal year and the status of funds, reserve, special or
other. (Prior code ~ 9.3-10)
9.88.110 Plan of acquisition.
A. Within six months after the effective date of this chapter (October 1, 1986), the land authority, with the advice of
the advisory cOlnmittee, shall prepare a final plan of acquisition. The final plan of acquisition shall set forth the following:
1. A comprehensive survey of all possible acquisitions, including fee and less than fee acquisitions. The survey shall
be prepared in narrative and graphic form at a scale of not less than one inch equals two hundred (200) feet~
2. A decision-Inaking format for identifying the priority of acquisitions~
3. A budget and schedule for land acquisition, including the issuance of bonds~
4. A prograln of lot consolidation and resale, including:
a. The location of appropriate lot consolidation projects,
b. '[he planning criteria to be employed in reconfiguring the lots, and
c. A resale program providing for bulk sale, joint venture or individual lot sales~
5. A prograln of investment for funds not needed for immediate disbursement.
B. The land authority shall conduct a public hearing on the plan of acquisition after publication of notice of the hearing
at least fifteen (15) days prior to the hearing.
C. The final plan of acquisition shall be adopted no later than six months after the effective date of this chapter (Octo-
ber ], ] 986). (Prior code ~ 9.3-] ])
9.88.120 Executive director.
A. Employment-Duties. Prior to adopting the final plan of acquisition, the Monroe County comprehensive plan land
authority shall employ an executive director to serve as the chief executive officer of the authority. The executive director
shall have the duties and responsibilities of a chief executive officer as set forth in the Land Authority Act including the
employment of staff and consultants subject only to the authority of the land authority. During the interiIn, the land author-
ity may employ a consultant to act as interim executive director~ and such interim executive director shall have all rights,
title and authority of the executive director.
B. Reimbursement for Mileage Expenses. The executive director and all staff members of the Monroe County land
authority shall receive reimbursement for mileage expenses, including per diem, in accordance with applicable law, incurred
in the performances of their official duties. (Prior code ~ 9.3-] 3)
9.88.130 Severability.
It is the intention of the board of county commissioners that in the event a court of competent jurisdiction should deter-
Inine that any part of this title is invalid for any reason, the board intends that the invalid part be severed from the balance of
the chapter to acquire and dispose of real property or interests therein are still achievable. (Prior code ~ 9.3-14)
571
Chapters:
10.04
10.08
10.12
10.16
Title 10
PUBLIC PEACE AND WELFARE
Offenses Against Public Peace and Decency
Obscenity
Discrimination in Employment, Credit
Transactions or Public Accommodations
Discrimination in Housing
573
10.04.010
Chapter 10.04
OFFENSES AGAINST PUBLIC PEACE AND DECENCY
Sections:
10.04.010
10.04.020
10.04.030
Hypodermic syringes and needles-Sale, disposal restricted.
Public display of materials depicting human nudity and sexual organs.
Consumption of alcoholic beverages-Possession of open containers of alcoholic beverages.
10.04.010 Hypodermic syringes and needles-Sale, disposal restricted.
A. No person shall sell or distribute on a retail basis any hypodennic syringe or needle, designed principally for subcu-
taneous injection, except when authorized by prescription, as such term is defined in F. S. S 465 .003( 13), by such persons as
are authorized under state law to issue prescriptions for drugs to be administered subcutaneously by hypodermic syringe.
B. No person shall discard any hypodermic syringe or needle, designed principally for subcutaneous injection, without
first rendering such hypodermic syringe or needle useless by destruction or mutilation of the syringe barrel and needle.
c. No person shall place any item set forth in subsection B of this section, including the destroyed or mutilated re-
mains thereof, into a garbage or trash container unless such item shall have been first packaged and sealed. (Prior code
S 13-1)
10.04.020 Public display of materials depicting human nudity and sexual organs.
A. Definitions. As used in this section, ~~public areas" shall include, but not be limited to, all areas within any business,
store, buildings or facility generally used or visited by the public, except duly licensed enclosed movie theaters.
B. Prohibited. It is unlawful for a person to knowingly display to open public view from the streets, sidewalks, or other
public areas in the unincorporated areas of the county, any magazine, periodical, pamphlet newspaper, comic book, story,
paper, written or printed story or article, writing paper, card, picture, drawing, photograph or motion picture film which de-
picts hUlnan nudity and sexual organs.
c. Repeal of Conflicting Special Laws. All special laws in contlict with this section are repealed to the extent of such
contlict. (Prior code S 13-2)
10.04.030 Consumption of alcoholic beverages-Possession of open containers of alcoholic beverages.
A. Definitions. The following words and phrases, whenever used in this section, are to be construed as follows:
1. ~~Alcoholic beverage" means any beverage containing one-half of one percent alcohol or Inore by weight as deter-
mined in accordance with F.S. S 56 1.0 1 (4)(b).
2. ~~Beverage law" means F.S.., Chapters 561 through 565.
3. ~~Commercial establishment parking lot" Ineans any private or public open space appurtenant to a comlnercial
establishment., which is used by the public for parking of vehicles., or pedestrian access to a commercial establishment.,
including driveways, parking areas, sidewalks and walkways appurtenant thereto.
4. ~~Public or semi-public area open for vehicular or pedestrian travel" means any private or public road, street, high-
way, right-of-way, lane, alley, parking lot, or parking area on which the public is expressly or implicitly invited to travel by
motor vehicle or pedestrian means or which is otherwise open for such travel. It does not include golf courses., private drive-
ways, or property serving a single dwelling unit.
5. ~~Open container" means any container of alcoholic beverage immediately capable of being consulned from, or the
seal of which has been broken.
B. Prohibition. It is unlawful for any person to possess or drink from an open container of an alcoholic beverage while
upon a public or semi-public area open for vehicular or pedestrian travel, or a commercial establishment parking lot~ except
in those areas in which such consumption is permitted pursuant to the beverage law, other state statutes.. state adlninistrative
rule., or county ordinance or resolution.
C. Exceptions. The prohibition contained in subsection B of this section does not apply to:
1. Any person engaged in picking up elnpty beverage containers for the purpose of collecting the deposit or value of
the bottle or can itself., or any person taking part in a litter control campaign;
2. Passengers in vehicles as set forth in F.S. ~ 316.1936(5);
575
10.04.030
3. Any person engaged in fishing from a bridge~ at a location where fishing is not prohibited by law~
4. Social and fund raising events conducted by charitable and/or nonprofit organizations.
D. Nothing in subsection B of this section may be construed to prevent the possession of an open container by a Ineln-
ber of the public upon county property when that possession is specifically authorized by an applicable provision of the
Monroe County Code. (Editorially alnended during 2004 codification~ prior code ~ 2.1-5)
576
10.08.010
Chapter 10.08
OBSCENITY
Sections:
10.08.010
10.08.020
10.08.030
10.08.040
10.08.050
Definitions.
Prohibition.
Applica bility.
General law preemption.
Violations-Penalties.
10.08.010 Definitions.
As used in this chapter:
""Deviate sexual intercourse"" has the meaning set forth in F.S. S 847.001(5).
-"Nudity"" has the Ineaning set forth in F.S. S 847.001(9).
-"Obscene'" means the status of material wh ich:
1. The average person., applying contemporary community standards., would find., taken as a whole., appeals to the
prurient interest~
2. Depicts or describes., in a patently offensive way., sexual conduct as specifically defined in this section~ and
3. Taken as a whole., lacks serious literary., artistic., political., or scientific value.
-"Person"" includes individuals., firms., associations., corporations., and all other groups and combinations.
-"Sadomasochistic abuse'" has the meaning set forth in F.S. ~ 847.001 (13).
-"Sexual battery"" has the meaning set forth in F.S. ~ 847.001(14).
-"Sexual bestiality'" has the meaning set forth in F.S. ~ 847.001(15).
-"Sexual conduct'" has the meaning set forth in F.S. ~ 847.001(16).
-"Sexual excitelnent'" has the meaning set forth in F .S. S 847.00 1(17).
-"Silnulated sexuar" means the depiction of the conduct described in this section which creates the appearance of such
conduct and which exhibits nudity. (Ord. 022-2004 S 23 ~ prior code S 13-13])
10.08.020 Prohibition.
A. No person may knowingly lend., sell., possess with intent to sell., give away., distribute, transmit., show, transmute,
offer to sell, lend, give away., distribute., transmit., show, transmute, or advertise in any manner any obscene book., Inagazine,
periodical., pamphlet., newspaper, comic book, or story paper, written or printed story or article., writing., paper, card, picture,
drawing, photograph., figure, image., phonograph record, audio cassette, audio compact disc, wire or recorded matter of any
such character that Inay or may not require lnechanical or other means to be transmuted into auditory representations of an
obscene character. No person may knowingly write, print, publish, utter or cause to be uttered any advertiselnent or notice
of any kind giving information directly or indirectly, stating or purporting to state where., how., of whom or by what means
any, or what purports to be any, obscene material article., or item of obscene character can be purchased., obtained, or had.
No person may knowingly hire., employ., use, permit another person to do or assist in doing any act or thing mentioned
above.
B. Proof that a defendant knowingly committed any act or engaged in any conduct referred to in this section may be
made by showing that at the time such act was cOlnmitted or conduct engaged in he or she had actual knowledge of the con-
tents or character of the material.. matter, article, or thing possessed or otherwise dealt with., by showing facts and circum-
stances froln which it Inay fairly be inferred that he or she had such knowledge, or by showing that he or she had knowledge
of such facts and circumstances as would put an individual of ordinary intelligence and caution on inquiry as to such con-
tents or character.
C. Every act, thing, or transaction forbidden by this section constitutes a separate offense and may be punishable as
such. (Prior code ~ 13-132)
10.08.030 Applicability.
This chapter only applies in unincorporated Monroe County. (Prior code ~ 13-133)
577
10.08.040
10.08.040 General law preemption.
This chapter does not apply to matters excluded from county regulation by F.S. 9 847.09. (Prior code 9 13-134)
10.08.050 Violations-Penalties.
A. Violations of this chapter may be prosecuted in the saIne manner as misdemeanors are prosecuted. The violations
shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney
thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment
not to exceed sixty (60) days or by both such fine and imprisonment.
B. Violations of this chapter may also be prosecuted through a citation issued by a code inspector under the procedures
of F.S.~ 9 125.69~ or F.S.~ Ch. 76-435~ Laws of Florida [App. A~ Art. V~ Div. 3]~ Monroe County Code.
C. Violations of this chapter may also be prosecuted before the county code enforcelnent board under F.S.~ Ch. 162~
and Chapters 1.08 and 1.12~ Monroe County Code.
D. All penalties in this section are cUlnulative and nonexclusive. Nothing in this section prevents the county from en-
forcing this chapter through any other Inethod~ process~ or cause ofaction~ that may be available under the laws of the state
of Florida. (Prior code 9 13-135)
578
10.12.010
Chapter 10.12
DISCRIMINATION IN EMPLOYMENT, CREDIT TRANSACTIONS
OR PUBLIC ACCOMMODATIONS
Sections:
10.12.010
10.12.020
10.12.030
10.12.040
10.12.050
10.12.060
Title.
Definitions.
Prohibited conduct.
Violations-Penalties-Enforcement by civil action.
Nonwaivability.
Liberal construction-Alternative remedies.
10.12.010 Title.
This chapter Inay be cited as the ""Monroe County Human Rights Ordinance." (Prior code ~ 13-10 I)
10.12.020 Definitions.
For purposes of this chapter, the following words and terms shall have the Ineaning ascribed thereto:
"Bona fide occupational qualification" means that an elnployer can demonstrate that a particular characteristic or the
absence thereof is reasonably necessary to the essence of the employer~s business and that all or substantially all persons
with or without the characteristic (as the case may be) are unable to perform the duties of the position in question.
lo"Credit transaction" means the grant, denial, extension or termination of credit to an individual.
""Disability" means:
I. A physical or mental impairment which substantially limits one or Inore of a person's major life activities~
2. A record of such impairment~ or
3. The perception of having such an impairment.
The term does not include persons who have current, illegal use of or addiction to a controlled substance as defined by
F.S. ~ 893.02, as now enacted or hereinafter amended. A disabled individual is qualified with respect to employment ifsuch
individual can perform the essential functions of the job in question with reasonable accommodations. ""Major life activi-
ties" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing,
learning and working. ""Substantially limited" means likely to experience difficulty in securing, retaining or advancing in
employment because of a disability.
101oEmployee'' means an individual who is engaged to work for or under the direction and control of another for monetary
or other valuable consideration.
lo"Employer" means any person employing fifteen (15) or more employees for each working day in each of twenty (20) or
more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include
the United States or a corporation wholly owned by the government of the United States.
lo"Emp loyment agency" Ineans a person that undertakes to procure employees or opportunities to work for potential em-
ployees, either through interviews, referrals, advertising or any combination thereof.
lo"Familial status" means the status of living alone or in any familial relationship whatsoever, including, but not lilnited to
living with a partner~ whether maintaining the legal status of being single, married, divorced, separated or widowed, and
whether the partner is same sex or opposite sex, and of living with one or more dependents, whether minor or disabled chil-
dren or parents.
lo"Gender identity or expression" means having, or being perceived as having, a gender-related self-identity, self-image,
appearance~ expression or behavior, whether or not such gender-related characteristics differ from those associated with the
person assigned sex at birth.
lo"Labor organization" means any person which exists and is constituted for the purpose~ in whole or in part, of collective
bargaining or of representing employees in dealing with employers concerning grievances, labor disputes~ wages, rates of
pay, hours or other terms or conditions of emp loyment.
"Person" means any natural person, firm, corporation, labor organization~ partnership or other organization, association
or group however organized.
579
10.12.030
'"'"Public accomlnodation"" Ineans a place., business establishlnent or agency that sells., leases., provides or offers any prod-
uct., facility or service to the general public., regardless of ownership or operation:
I. By a public body or agency~
2. For or without regard to profit~ or
3. For a fee or not for a fee. An institution., club., association or other place of accolTIlnodation which has ITIOre than
one hundred (100) members., and provides regular meal service and regularly receives payment for dues., fees., accommoda-
tions., facilities or services from or on behal f of nonmelTIbers for the furtherance of trade or business shall be considered a
place of public accomlnodation for purposes of this chapter.
\o\oReligion" means all aspects of religious observance and practice., as well as belief.
\o'"Sexual harasslnent" means any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature
when:
I. Sublnission to such conduct is made either explicitly or implicitly a term or condition of an individual's employ-
ment~
2. Submission to or rejection of such conduct by an individual is used as the basis for any employment decision affect-
ing the individual ~ or
3. Such conduct has the purpose or effect of substantially interfering with an individual's work perfonnance or creat-
ing an intimidating., hostile or offensive working environment.
'"'"Sexual orientation'" means the actual or perceived state of heterosexuality., homosexuality or bisexuality. (Ord. 008-
2003 ~ I ~ prior code ~ 13-102)
10.12.030 Prohibited conduct.
A. No person shall directly or indirectly discriminate against any individual in hiring., classification., grading., dis-
charge., discipline., compensation or other term or condition of employment because of the individual's race., color., sex., re-
ligion., disability., national origin., ancestry., sexual orientation., gender identity or expression., familial status or age. No eln-
ployment agency shall directly or indirectly discriminate against any individual in classification., processing., referral or rec-
ommendation for employment because of the individual's race., color., sex., religion., disability., national origin., ancestry., sex-
ual orientation., gender identity or expression., familial status or age. The prohibitions contained in this subsection shall not
apply to any of the following:
I. Use of an individual"s unfavorable discharge from military service as a valid employment criterion where the af-
fected position of employment involves the exercise of fiduciary responsibilities and the reasons for the unfavorable dis-
charge related to his or her fiduciary capacity~
2. Hiring or selecting between individuals for bona fide occupational qualifications~
3. Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation.
B. No employee employee., agent of an elnployer., employment agency., or labor organization shall engage in sexual
harassment. An employer shall be liable for sexual harassment by nonemployees or nonmanagerial and nonsupervisory em-
ployees only if the employer becolnes aware of the conduct and fails to take reasonable corrective measures.
C. No elnployer shall refuse to make all reasonable efforts to accommodate the religious beliefs., observances and
practices of an employee unless the employer demonstrates that the eInployer is unable to reasonably accommodate the eln-
ployee"s religious observance or practice without undue hardship on the conduct of the employer"s business. Reasonable
efforts to accommodate include, but are not limited to., allowing an employee:
I. To take a day of paid leave or vacation., where applicable under the employee"s employment agreement~
2. To be excused froIn work without pay and without discipline or other penalty: or
3. To elect to take the day off with pay in order to practice the employee's religious beliefs., and to make up the lost
work time within the same pay period of the eITIployer at a time and date consistent with the operational need of the eIn-
ployer's business.
Any employee who elects such deferred work shall be compensated at his or her regular rate afpay, regardless of the
time and date at which the work is made up. The employer Inay require that any eInployee who plans to exercise the option
set out in subsection (C)(3) of this section provide the employer with notice of the employee"s intention to do so., no less
than ten ( I 0) days prior to the date of absence.
580
] o. ] 2.040
D. No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and con-
ditions of bonding because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orienta-
tion, gender identity or expression, familial status or age.
E. No person who owns, leases, rents, operates, manages or in any manner controls a public accolnmodation shall
withhold, deny, curtail, limit or discrilninate concerning the full use of such public accommodation by any individual be-
cause of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, falnilial status or age. The prohibition contained in this subsection, shall not apply to any facility, as to discrimi-
nation based on sex, which is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms.
F. No person shall retaliate against any individual because that individual in good faith has Inade a charge, testified,
assisted or participated in an investigation, proceeding or hearing under this chapter. (Ord. 008-2003 ~~ 2, 3; prior code
* 13-103)
10.12.040 Violations-Penalties-Enforcement by civil action.
A. Any person violating the provisions of the Monroe County human rights ordinance shall upon written citation be
subject to the penalties provided in Section 1.] 2.040 of this code.
B. The Monroe County human rights ordinance may additionally be enforced by civil action, including action for equi-
table relief, by any aggrieved person in a court of competent jurisdiction. (Prior code * ] 3-] 04)
10.12.050 Nonwaivability.
Any written or oral agreement which purports to waive any provision of Section] o. ] 2.030 is against public policy and
void. (Prior code ~ 13-] 05)
10.12.060 Liberal construction-Alternative remedies.
The provisions of this chapter shall be liberally construed for the accomplishment of the purpose hereof. Nothing in this
chapter shall be construed to limit rights granted under the laws of the state ofFJorida or the United States. Nothing in this
chapter shall be construed to waive the right of any person to file a charge with any agency with the authority to investigate
or act upon the complaint. (Prior code ~ ] 3-1 06)
581
10.16.010
Sections:
10.16.010
10.16.020
10.16.030
10.16.040
10.16.050
10.16.060
10.16.070
10.16.080
10.16.090
1 0.16.1 00
10.16.110
10.16.120
10.16.130
10.16.140
Chapter 10.16
DISCRIMINATION IN HOUSING
Declaration of policy.
Definitions.
Board of county commissioners to administer chapter.
Cooperation with federal, state and local agencies administering fair housing laws.
Unlawful practices.
Exemption.
Fair housing director.
Duties and powers of fair housing director.
Fair housing board.
Duties and powers of the fair housing board.
Procedure.
Hearings before the fair housing board.
Other remedies.
Report to real estate commission.
10.16.010 Declaration of policy.
It is declared to be the policy of the county in the exercise of its police power for the public safety, public health and
general welfare, to assure equal opportunity to obtain adequate housing by aH persons regardless of race, color, sex, relig-
ion, disability, national origin, ancestry, sexual orientation, familial status, or age, and to that end, to eliminate discrimina-
tion in housing. (Prior code 9 13-111)
10.16.020 Definitions.
When used in this chapter:
Io~Board" means the Monroe County housing authority designated as the fair housing board established by this chapter.
Io~Director" means the fair housing director established by this chapter.
Io~Discrimination" means any difference in treatment based on race, color, sex, religion, disability, national origin, ances-
try, sexual orientation, gender identity or expression, falnilial status or age.
Io~Executive director" means the executive director of the housing authority and the fair housing board.
Io~Housing," ~"housing accommodation" or Io"dwelling" means any building, mobilehome or trailer structure or portion
thereofwhich is occupied as, or designed or intended for, occupancy as a residence by one or lnore families, and any vacant
land which is offered for sale or lease for the construction or location thereon of any such building,mobilehome or trailer,
structure, or portion thereof or any real property, as defined herein, used or intended to be used for any of the purposes set
forth in this subsection.
Io~Lending institution" or Io~financial institution" includes any person, as defmed herein, engaged in the business of lending
money or guaranteeing loans.
Io"Mortgage broker" lneans an individual who is engaged in or performs the business or service of a mortgage broker as
the saIne is defined by Florida Statutes.
Io~Open tnarkef' lneans the market which is informed of the availability for sale, purchase, rental or lease of any housing
accommodation whether informed through a real estate broker or mortgage broker, or by advertising by publication, signs or
by any other advertising or other tnethods directed to the public or any portion thereot~ indicating that the property is avail-
able for sale, purchase, rental or lease.
Io~Owner" includes a lessee, sublessee, cotenant, assignee, managing agent or other person having the right of ownership
or possession, or the right to sell, rent or lease any housing accomlnodation.
Io"Person" includes one or more individuals, governments, govemlnental agencies, governlnental departments, govern-
mental progralns, political subdivisions, labor unions, firms, associations, joint ventures, partnerships, estates, trusts, busi-
ness trusts, syndicates, fiduciaries, corporations and all other groups or cOlnbinations.
582
10.16.030
';"Real estate broker" or ';"real estate salesman" includes any individual who, for a fee, commission, salary, or for other
valuable consideration, with the intention or expectation of receiving or collecting same, lists, sells, purchases, rents or
leases any housing accolnmodation, including options thereupon, or who negotiates or attempts to negotiate such activities;
or who advertises or holds himself or herself out as engaged in such activities; or who negotiates or attempts to negotiate a
loan, secured by a Inortgage or other encumbrance, upon transfer of any housing accommodations or who is engaged in the
business of charging an advance fee or contracting for a collection of a fee in connection with a contract whereby he or she
undertakes to promote the sale, purchase, rental or lease of any housing accommodation through its listing in a publication
issued primarily for such purpose, or an individual employed by or acting on behalf of any of these.
""Real property" includes buildings, structures, lands, tenements, leaseholds, cooperatives and condolniniums.
""To rent" includes to lease, to sublease, to let and to otherwise grant for a consideration the right to occupy prelnises not
owned by the occupant. (Ord. 008-2003 S 4; prior code ~ 13-112)
10.16.030 Board of county commissioners to administer chapter.
The board of county commissioners shall be responsible for the administration of this chapter and for seeing that its pro-
visions are observed and enforced. The board of county cOlnmissioners is empowered to make all necessary rules to accom-
plish this responsibility, which rules shall not becolne effective until approved by the board of county commissioners and,
by rule, to delegate administrative and investigative authority to the fair housing board. The board of county cOlnmissioners
is directed and authorized to seek substantial equivalency rating and recognition from the United States Department of
Housing and Urban Developlnent and other necessary federal agencies for Title VIII of the ] 968 Civil Rights Act enforce-
ment within the General Services District. (Prior code S 13-113)
10.16.040 Cooperation with federal, state and local agencies administering fair housing laws.
The board of county commissioners may cooperate with federal, state and other local agencies charged, with the consent
of such agencies, to utilize the services of such agencies and their employees in carrying out the provisions of this chapter.
In furtherance of such cooperative efforts, the board of county commissioners may enter into written agreements with such
federal, state and local agencies to make available such appropriated funds as are necessary to carry out the purposes of this
chapter and all such agreements shall be executed by the chairperson of the board of county cOlnmissioners and the county
clerk and countersigned by the executive director of the fair housing board. (Prior code S 13-114)
10.16.050 Unlawful practices.
In connection with any of the transactions set forth in this section which affect any housing operation on the open mar-
ket, or in connection with any public sale, purchase, rental, or lease of any housing accommodation, it is unlawful within the
unincorporated areas of the county for a person, owner, financial institution, real estate broker or real estate salesperson, or
any representative of the above:
A. To refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a per-
son, or to evict a person because of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age;
B. To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any
housing accommodation, or in the furnishing of facilities or services in connection therewith;
C. To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from
or to a person because of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age;
D. To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person
because of race, co lor, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age;
E. To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or
lease when in fact it is so available, or to refuse to permit a person to inspect any housing accomlTIodation because of race,
color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or
age;
F. To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or
mailed, any notice, statement or advertisement, or to announce a policy, or to sign or to use a form of application for a sale,
583
10.16.060
purchase., rental., lease or financing of any housing accommodation., which indicates any discrilnination or any intent to dis-
crilninate~
G. To offer., solicit., accept or use a listing of any housing accolnlnodation for sale., purchase., rental or lease knowing
that a person may be subjected to discrilnination in connection with such sale., purchase., rental or leas~~ or in the furnishing
of facilities or services in connection therewith~
H. To induce or discourage., or to attempt to induce or discourage:
1. The sale~
2. The purchase.,
3. The rental.,
4. The lease~
5. The listing for subsection (H)( 1)., (2) or (4) above of any housing accolnmodations in an area by means of:
a. Causing panic.,
b. Inciting unrest., or
c. Creating or playing upon fear., by representing that the presence or anticipated presence in that area of persons of
any particular race., color., sex., religion., disability., national origin., ancestry., sexual orientation., gender identity or expression.,
falnilial status or age., will or may result in:
i. The lowering of property values in the area.,
11. The increase in criminal or antisocial behavior in the area., or
111. A decline in the quality of the schools serving the area~
I. F or any bank., bui Iding and loan association., insurance company or other corporation., association., finn or enterprise
whose business consists in whole or in part in the Inaking of commercial real estate loans., to deny a loan or other financial
assistance to a person applying there for the purpose of purchasing., constructing., improving., repairing or Inaintaining a
dwelling., or to discriminate against him or her in the fixing of the amount., interest rate., duration., or other terms or condi-
tions of such loans or other financial assistance because of the race., color., sex., religion., disability., national origin., ancestry.,
sexual orientation., gender identity or expression., familial status or age of such person or of any person associated with him
or her in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance., or
of the present or prospective owners., lessees., tenants~ or occupants of the dwelling or dwellings in relation to which such
loan or other financial assistance is to be made or given~
J. To deny any person who is otherwise professionally qualified by state law access to., or membership or participation
in., any multiple listing service., real estate broker~s organization., or other service., organization or facility relating to the
business of selling or renting dwellings., or to discriminate against him or her in the terms or conditions of such access.,
Inembership., or participation., on account of race., color., sex., religion., disability., national origin., ancestry., sexual orientation.,
gender identity or expression., familial status or age. (Ord. 008-2003 S 5~ prior code S 13-115)
10.16.060 Exem ption.
Nothing in Section 10.16.050 prohibits a religious organization., association., or society., or any nonprofit institution or
organization operated., supervised., or controlled by or in conjunction with a religious organization., association., or society.,
from limiting the sale., rental., or occupancy of any dwelling which it owns or operates for other than a commercial purpose
to persons of the same religion or from giving preference to such person., unless membership in such religion is restricted on
account of race., color., or national origin. (Prior code S 13-115A)
10.16.070 Fair housing director.
The office and position of fair housing director is created and established. The director shall be appointed by and serve at
the will of the executive director of the Monroe County housing authority. Such director shall be chosen by the executive
director on the basis of qualifications and experience. The fair housing director shall serve under the supervision of the ex-
ecutive director. The executive director shall appoint such assistants to the director as may be necessary., subject to budget-
ary limitations., and shall provide the director required administrative support. (Prior code ~ 13-116)
10.16.080 Duties and powers of fair housing director.
The duties., functions., powers and responsibilities of the fair housing director shall include:
584
] 0.] 6.090
A. To implelnent the provisions of this chapter and rules and regulations promulgated hereunder and all county ordi-
nances~ codes~ rules and regulations pertaining to housing discrilnination;
B. To receive~ initiate and investigate any and all complaints alleging violations of this chapter~ and take appropriate
action to eliminate~ conciliate~ prevent and/or initiate prosecution of any such violations;
C. To provide assistance in all matters relating to equal housing opportunity;
D. To publish and disseminate public information and educationallnaterials relating to housing discrimination;
E. Subject to the approval of the fair housing board and the board of county cOlnmissioners~ to enter into written work-
ing agreements~ as may be necessary to effectuate the purposes of this chapter~ with federal~ state and local agencies in-
volved in reducing housing discrilnination;
F. To keep the fair housing board fully and currently informed of all complaints alleging violations of this chapter and
actions taken thereon~ and of other actions taken by the director under the provisions of this section; and to attend all meet-
ings of the fair housing board;
G. To ilnplement recomlnendations received from the fair housing board concerning this chapter and the carrying out
of its purpose. When~ in the opinion of the director~ effectuating any such recomlnendation would be undesirable or infeasi-
ble~ the director will promptly so report to the board with his or her reasons. Any differences ofjudglnent not susceptible of
agreement between the board and director will be referred to the executive director for his or her determination; and the
board may~ if it feels the matter warrants~ further carry any such disagreement to the board of county cOlnmissioners for
decision;
H. To make semiannual reports to the board of county commissioners through the executive director~ and to the fair
housing board~ concerning the status of housing discrimination in the county and the enforcement of the provisions of this
chapter~ and to make recommendations concerning methods by which to reduce such discrimination;
I. To perform such other administrative duties as may be assigned by the executive director. (Prior code S 13-117)
10.16.090 Fair housing board.
The Monroe County fair housing board is created and established. The Monroe County housing authority is designated as
the fair housing board and shall consist of five members appointed by the board of county commissioners.
A. Qualifications of Members. Members of the board shall be permanent residents and electors of Monroe County.
Appointments shall be made on the basis of community representatives~ civic pride~ integrity, experience and interest in the
area of equal housing opportunities.
B. Term of Office. The terms of office of all members of the board shall be the same as for the housing authority as
stipulated in F.S. * 421.05.
C. Organization of the Board. The members of the board shall elect the chairperson and such other officers as may be
deemed necessary or desirable~ who will serve at the will of the board. Three members of the board constitute a quorum to
hold a meeting or take any action. The majority vote of those present at a duly constituted meeting shall be sufficient for all
actions. Melnbers shall serve without compensation but shall be entitled to be reimbursed for necessary expenses incurred in
the performance of their duties upon approval by the board of county commissioners.
D. Meetings of the Board. Meetings of the board shall be held monthly or more frequently. Notice of the time and
place of the meeting shall be given to all board members and all parties scheduled to be heard~ and shall be made public.
The chairperson may call an unscheduled meeting~ and meetings may also be called by written notice signed by three mem-
bers of the board. All meetings shall be public. The executive director shall provide adequate and competent clerical and
administrative and professional support as may reasonably be required by the board for the proper perfonnance of its duties.
The executive director of the housing authority shall provide a regular meeting place for the board.
E. Executive Director. The executive director of the Monroe County housing authority shall perform as the executive
director of the fair housing board and is responsible for providing administrative services and facilities for the fair housing
ordinance enforcement~ utilizing funds provided by the board of county cOlnmissioners. (Prior code S 13-118)
10.16.100 Duties and powers of the fair housing board.
The board shall have the following duties~ powers, functions and responsibilities:
A. To make recommendations to the fair housing director for the enforcement of this chapter and the carrying out of its
purpose;
585
10.16.110
B. To review the fair housing director~s actions and decisions on all cOlnplaints of housing discrimination received by
or in itiated by him or her:
C. To conduct public hearings and Inake detenninations concerning the fair housing director~ s actions and decisions
on such cOlnplaints upon appeal by either cOlnplainant or respondent~ at the request of the fair housing director, or when the
board deems it desirable, on its own initiative:
D. In carrying out the functions of subsections Band C of this section, the board shall have the power to uphold, re-
scind, reverse or Inodify the actions, decisions and recolnmendations of the fair housing director~
E. To admin ister oaths and compe I the attendance of witnesses, and the production of evidence before it, by subpoenas
issued by the chairperson of the board~
F. To review and comlnent on the fair housing director's selni-annual report, forwarding such comment to the board
of county commissioners through the executive director~
G. In coordination with the fair housing director., to take other infonnational., educational or persuasive actions to im-
plelnent the purposes of this chapter. (Prior code ~ 13-119)
10.16.110 Procedure.
A. Any person aggrieved by an unlawful practice prohibited by this chapter must file a written complaint with the fair
housing director or his or her designated representative within forty-five (45) days after the alleged unlawful practice oc-
curs.
B. Upon receipt of a complaint., the director shall serve upon the individual charged with a violation (hereinafter re-
ferred to as the respondent), the complaint and a written resume setting forth the rights of the parties, including but not liln-
ited to the right of the respondent to a hearing on the matter before adjudication by the fair housing board. Such service Inay
be by personal service or by certified mail.
C. The director shall imlnediately investigate the complaint. Within sixty (60) days from the date of the receipt of the
complaint, the director shall file a written report with the board., with findings of fact.
D. Copies of the director~s report shall also be sent to the complainant and the respondent. Either may, within ten (10)
days after such service., request a hearing before the board.
E. When the director, the complainant, or the respondent requests a hearing by the board., or when the board Itself de-
tennines that a hearing is desirable., the board shall call and conduct a hearing in accordance with Section 10.16.120.
F. Where no board hearing is requested or directed, the board will expeditiously review the report of the director., and
shall approve~ rescind., reverse or modify the director's findings and determinations of action.
G. The director shall carry into execution the actions specified in his or her report., as approved or altered by the board
in its review, or., if a hearing is held, shall carry into execution the actions detennined upon by the board in the hearing.
H. The director in his or her report, as reviewed by the board, or the board in its review or its hearing may determine:
1. That the complaint lacks grounds upon which to base action for violation of this chapter~
2. That the complaint has been adequately dealt with by conciliation of the parties:
3. That the complaint can be dealt with by adjudicative orders issued by the director~ or
4. That the case warrants filing charges against the offending party in the appropriate court.
In some cases, both conciliation and adjudicative orders, and initiation by court action may be indicated.
I. If the director., after review or hearing by the board., issues an adjudicative order to correct., adjust conciliate, pre-
vent or prohibit any unlawful activity prohibited by this chapter., and the respondent refuses or fails to comply with or obey
such adjudication~ the director shall forthwith request that the state attorney file a cOlnplaint in the appropriate court.
1. The provisions of Rule 1.090~ Florida Rules of Civil Procedures., shall govern the computation of any period of time
prescribed by this chapter.
K. All papers or pleadings required by this chapter to be served may be served by certified Inail or in accordance with
the provisions of Rule 1.080., Florida Rules of Civil Procedure. (Prior code ~ 13-120)
10.16.120 Hearings before the fair housing board.
A. When a hearing is required before the fair housing board, as specified in Section 10.16.11 O(E)., the board shall
schedule the hearing and serve upon all interested parties a notice of time and place of the hearing. The hearing shall be held
prolnptly~ but not less than fifteen (15) days after the service of such notice and of the director~s written report (Section
10.16.110(0)).
586
]0.16.]30
B. The parties, or their authorized council, may file such statelnents with the board, prior to the hearing date, as they
deem necessary in support of their positions. The parties may appear before the board in person or by duly constituted rep-
resentatives and may have the assistance of attorneys. The parties may present testimony and evidence~ and the right to
cross-examine witnesses shall be preserved. All testimony shall be given under oath or by affinnation. The board shall not
be bound by strict rules of evidence pertaining to courts of law or equity, but due process shall be observed. The board shall
keep a full record of the hearing, which record shall be public and open to inspection by any person~ and upon request by
any principal party to the proceedings, the director shall furnish such party a copy of the hearing record at cost. The consti-
tutional rights of the respondent not to incriminate hitnself or herself shall be scrupulously observed.
C. The board shall make a finding of fact and a determination of action to be taken (Section 10.] 6.] 10(H)).
D. The board may issue subpoenas to compel access to or the production or appearance of premises, records, docu-
Inents, individuals and other evidence or possible sources of evidence relative to the complaint at issue.
E. Upon written application to the board, the respondent shall be entitled to the issuance of a reasonable number of
subpoenas by and in the name of the board, to the same extent and subject to the saine limitations as subpoenas issued by
the commission itself. Subpoenas issued at the request of the respondent shall show on their face the name and address of
such respondent and shall state that they are issued at his or her request.
F. Witnesses sumlnoned by subpoena of the board shall be entitled to the same witness and mileage fees as are wit-
nesses in proceedings in the state courts of Florida. Fees payable to a witness summoned by a subpoena issued at the request
of the respondent shall be paid by him or her unless he or she is indigent, in which case the county shall bear the cost of the
fees.
G. Within ten (] 0) days after service of a subpoena upon any person, such person may petition the board to revoke or
Inodify the subpoena. The board shall grant the petition if it finds that the subpoena requires appearance or attendance at an
unreasonable time or place, that it requires production of evidence which does not relate to any Inatter under investigation,
that it does not described with sufficient particularity the evidence to be produced, that compliance would be unduly oner-
ous, or for other good reason.
H. In case of refusal to obey a subpoena, the board, or the person at whose request it was issued, may petition for its
enforcement in the appropriate court. (Prior code S ] 3-12])
10.16.130 Other remedies.
Nothing in this chapter shall prevent any person from exercising any right or seeking any remedy to which he or she
might otherwise be entitled, or from filing any complaint with any other agency or any other court having proper jurisdic-
tion. (Prior code S ] 3-122)
10.16.140 Report to real estate commission.
If a real estate broker, a real estate salesman, or an employee thereof has been found to have committed an unlawful prac-
tice in violation of this chapter, or has failed to comply with an order issued by the director, the director shall, in addition to
the other procedures and penalties set forth herein, report the facts to the Real Estate COlnmission of the state of Florida.
(Prior code ~ 13-123)
587
Chapters:
11.04
11.08
11.12
11.16
Title II
VEHICLES AND TRAFFIC
Speed Limits
Parking
Hitchhiking
Miscellaneous Traffic Regulations
589
11.04.0] 0
Chapter 11.04
SPEED LIMITS
Sections:
11.04.010
Establishment of county speed zones.
11.04.010 Establishment of county speed zones.
A. The speed of twenty-five (25) miles per hour is established for all county roads. Provided, however, following
speed limits are established for certain county roads in residence districts as follows:
Keys Streets MPH
Key West Duval Street, Eaton Street, PalIn A venue, 1 st Street, Whitehead Street, 30
Bertha Street, Flagler A venue
Key West Atlantic Blvd. (within Higgs Beach) 15
Big Coppitt Prado Circle 15
Geiger Boca Chica Road (from u.S. ] to Venus Lane and from Boundary Lane to 30
end)
Bay Point West Circle Drive, East Circle Drive 15
Sugarloaf Sugarloaf Blvd. 30
Cudjoe Blimp Road 30
Summerland Niles Road, Ocean Drive, Westshore Drive 30
Middle Torch Middle Torch Road 30
Big Torch Dorn Road 30
Little Torch State Road 4A 30
Big Pine Newfound Blvd. (U.S. 1 to Sea Camp)., Watson Blvd. (from Eden Pines to 30
Ave. B), Long Beach Road, Key Deer Blvd.
Big Pine Tropical Trader Road, Spring-time Road, Frostproof Road, Journey"s End 15
Road, Sunset Road., Sunrise Road
Key Largo Sweeting Road, Sunrise Drive, Tarpon Street, Old Tavernier Cove 15
Subdivision~ Ocean View Trail., Tavernier Heights~ Atlantic Circle Drive
and Tavern Drive, Tavernier 2 Subdivision~ North Sunrise Drive.,
Tavernier Trail., Ocean Trail, Singleton's Add. to Tavernier Cove
Subdivision~ Treasure Boulevard, Francis Drake Drive, Gasparilla Drive,
Jean LaFitte Drive, Jolly Roger Drive., Pirates Drive, Anne Bonny Drive,
Barracoa Drive, Arica Drive, Tortuga Drive, Henry Morgan Drive,
LeGrand Drive, John Silver Drive, Blackboard Drive., Buccaneer Drive,
Long Ben Drive, Pirates Cove Subdivision
Countywide School Zones 15
B. Speed Limits-Certain Other Roads.
Road Direction From To MPH
C905 NB U.S. 1 8.0 miles N. of U.S. ] 55
8.0 miles N. of U.S. ] C905A 45
C-905A 1.2 miles N. of C905 A 50
1.2 miles N. ofC905A 1.45 miles N. of C905A 40
] .45 miles N. of C905A Ocean Reef Club 30
SB Ocean Reef Club 0.6 miles N. ofC905A 50
0.6 miles N. ofC905A C905A 40
59]
11.04.0 10
Road Direction From To MPH
C905A 0.3 Iniles N. of U.S. I 55
0.3 miles N. of U.S. I u.s. I 45
C905A WB C905 3.9 Iniles W. ofC905 55
3.9 miles W. ofC905 Dade County Line 45
EB Dade County Line Card Sound Toll Booth 40
Card Sound Toll Booth 3.9 Iniles W. ofC905 45
3.9 Iniles W. of C905 0.4 miles W. ofC905 55
0.4 miles W. ofC905 e905 45
C. The following speed limits are established for C905 and Card Sound Road (C905A):
Road Direction From To MPH
C905 NB U.S. 1 8.0 Iniles N. of U.S. I 55
8.0 miles N. of U.S. 1 C905A 45
C-905A 1.2 Iniles N. of C905A 50
1.2 miles N. ofC905A 1.45 Iniles N. of C905A 40
1.45 miles N. of C905A Ocean Reef Club 30
SB Ocean Reef Club 0.6 miles N. ofC905A 50
0.6 miles N. ofC905A C905A 40
C905A 0.3 Iniles N. of U.S. 1 55
0.3 miles N. of U.S. 1 U.S. I 45
C905A WB C905 3.9 Iniles W. ofC905 55
3.9 Iniles W. ofC905 Dade County Line 45
EB Dade County Line Card Sound Toll Booth 40
Card Sound Toll Booth 3.9 Iniles W. of C905 45
3.9 miles W. ofC905 0.4 miles W. ofC905 55
0.4 miles W. ofC905 C905 45
(Prior code ~ II-I)
592
11.08.010
Chapter 11.08
PARKING
Sections:
11.08.010
11.08.020
11.08.030
11.08.040
11.08.050
11.08.060
11.08.070
11.08.080
Disabled parking space violations.
Civil penalty for illegal parking at courthouse.
Civil penalty for illegal parking on U.S. 1 right-of-way.
Civil penalty for illegal parking between paved roadways of North and South Airport Drive.
Civil penalty for illegal parking at public works garage.
Prohibition or restrictions on parking vehicles-Signs to be erected-Penalties.
Collection of civil parking penalties.
Parking on county roads prohibited during certain times for street cleaning.
11.08.010 Disabled parking space violations.
A. A fine of two hundred fifty dollars ($250.00) is imposed for violations involving illegal parking in parking spaces
designated under F.S. SS 316.1955 and 316.1957 for disabled persons. A law enforcement officer or parking enforcement
specialist who discovers a vehicle parked in violation of this subsection may issue a ticket~ in the form used by the county
for parking violations~ to the driver or~ if the vehicle is unattended~ attach the ticket to the vehicle in a conspicuous place.
The liability for payment of the parking ticket is pursuant to F.S. S 316.1967.
B. Such fine shall be utilized in the following manner:
1. One-third to be deposited in the fine and forfeiture account to defray expenses for the administration of this section;
2. Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified physically dis-
abled persons in the county and to provide funds to the Monroe County comlnission for the handicapped to conduct public
awareness programs in the county concerning physically disabled persons. (Ord. 022-2004 ~ 25; prior code S 11-2)
11.08.020 Civil penalty for illegal parking at courthouse.
A. The noncriminal civil penalty for a violation of Section 2 of Resolution No. 073-1994~ parking in an area at the Key
West Courthouse Complex reserved for employees of the county~ state and constitutional officers and persons sUlnmoned
forjury duty~ shall be twenty dollars ($20.00). A law enforcelnent officer or parking enforcement specialist who discovers a
vehicle parked in violation of this section may issue a ticket in the form used by the county for parking violations to the
driver or~ if the vehicle is unattended~ attach the ticket to the vehicle in a conspicuous place. The liability for the payment of
the parking ticket shall be pursuant to F .S. S 316.1967. All parking ticket penalties collected pursuant to this section shall be
remitted to the county~s general fund.
B. In the case of violators parked in parking spaces in violation of Resolution No. 073-1994., the law enforcement offi-
cer or parking enforcement specialist~ in addition to charging the owner and/or operator with the noncrilninal violation set
forth in subsection A of this section~ may have the vehicle towed and iInpounded at the owner~ s expense. The cost of such
towing and impoundment shall be a lien against the vehicle. In the event that the Monroe County court determines that the
noncriminal violation charged was invalid:
1. The vehicle shall be immediately released without charge and with the lien provided for in this section automati-
cally extinguished; or
2. If the owner or operator has paid the cost of towing and impoundment~ the alnount paid shall be refunded. (Prior
code S 11-6)
11.08.030 Civil penalty for illegal parking on U.S. 1 right-of-way.
A. No person may park~ stand or stop a vehicle within the right-of-way of U.S. 1 in the unincorporated area of Monroe
County in such a way that a violation of F. S. S 337 .406( 1 ) occurs.
B. The noncriminal civil penalty for a violation of subsection A of this section is twenty dollars ($20.00). A law en-
forcement officer or parking enforcement specialist who discovers a vehicle parked in violation of subsection A of this sec-
tion may issue a ticket in the form used by the county for parking violations to the driver or~ if the vehicle is unattended~
593
11.08.040
attach the ticket to the vehicle in a conspicuous place. The liability for paYlnent of the ticket is pursuant to F.S. 9 316.1967.
Penalties collected under this section may be relnitted to the county~ s general fund.
C. In the case of violators parked in violation of subsection A of this section for a period of six continuous hours or
more~ the law enforcement officer or parking enforcelnent specialist~ in addition to charging the owner and/or operator with
the noncrilninal violation set forth in subsection B of this section~ may have the vehicle towed and ilnpounded by an opera-
tor qualified under the county~s towing ordinance~ at the owner~s expense. The cost of such towing and itnpoundment shall
be a lien against the vehicle. In the event that a court of the 16th Judicial Circuit determines that the noncrilninal violation
charged was invalid:
I. The vehicle shall be imlnediately released without charge and with the lien provided for in this section automati-
cally extinguished~ or
2. If the owner or operator has paid the cost of towing and impoundlnent~ the amount paid shall be refunded froln the
county~s general fund. (Prior code S 11-6.5)
11.08.040 Civil penalty for illegal parking between paved roadways of North and South Airport Drive.
A. No person Inay stop~ stand~ or park a vehicle within the right-of-way between the paved roadways of North and
South Airport Drive and the runway on Summerland Key.
B. The director of public works division is directed to post appropriate traffic control devices infonning the public of
the parking prohibition on North and South Airport Drive.
C. The noncritninal civil penalty for a violation of subsection A of this section is twenty dollars ($20.00). A law en-
forcement officer or parking enforcement specialist who discovers a vehicle parked in violation of this section Inay issue a
ticket in the form used by the county for parking violations~ to the driver or, if the vehicle is unattended~ attach the ticket to
the vehicle in a conspicuous place. The liability for the payment of the parking ticket is as provided in F.S. 9 316.1967. All
parking ticket penalties collected under this section may be used for any purpose authorized by law. (Prior code * 11-6.6)
11.08.050 Civil penalty for illegal parking at public works garage.
A. The noncritninal civil penalty for a violation of Section 2 of Resolution No. 345-1994~ parking on Stickney Lane in
the vicinity of the public works garage in Key West reserved for county employees~ is twenty dollars ($20.00). A law en-
forcement officer or parking enforcement specialist who discovers a vehicle parked in violation of the resolution and this
section Inay issue a ticket in the form used by the county for parking violations to the driver or, if the vehicle is unattended~
attach the ticket to the vehicle in a conspicuous place. The liability for the payment of the parking ticket is pursuant to F.S.
* 316.] 967. All parking ticket penalties collected pursuant to this section must be remitted to the county"s general fund.
B. In the case of violators parked in violation of Resolution No. 345-1994~ the law enforcement officer or parking en-
forcement specialist~ in addition to charging the owner or operator with the noncriminal violation set forth in subsection A
of this section, may have the vehicle towed and ilnpounded at the owner's expense. The cost of such towing and impound-
ment shall be a lien against the vehicle. If the Monroe County court detennines that the noncriminal violation charged was
invalid:
I. The vehicle must be immediately released without charge and with the lien provided for in this section automati-
cally extinguished~ or
2. If the owner or operator has paid the cost of towing and impoundment~ the amount paid must be refunded. (Prior
code ~ 1 ] -8)
11.08.060 Prohibition or restrictions on parking vehicles-Signs to be erected-Penalties.
A. The board of county commissioners may~ by resolution~ restrict or prohibit the parking~ standing or stopping ofve-
hicles along county roads. The road(s) affected must be posted with signs that state the restriction or prohibition. After post-
ing~ no person Inay park, stop or stand a vehicle in violation of the posted restriction or prohibition.
B. The board of county commissioners may, by resolution~ restrict or prohibit the parking~ standing or stopping of
trucks with a capacity of one ton or more on county roads within areas designated improved subdivision or suburban resi-
dential. The road( s) affected must be posted with signs that state the restriction or prohibition. After posting~ no person may
park, stop or stand such a truck in violation of the posted restriction or prohibition.
C. The board of county comlnissioners may~ by resolution~ restrict or prohibit the parking, stopping or standing ofve-
hicles on hazardous or congested portions of county roads, intersections or parking lots. The portion of the road(s), intersec-
594
11 .08.070
tion(s) or parking lot(s) affected must be posted with signs that state the restriction or prohibition. After posting, no person
may park, stop or stand a vehicle in violation of the posted restriction or prohibition.
D. The board of county commissioners may, by resolution, restrict or prohibit the parking, standing, or stopping of
vehicles along county roads during the nighttime hours. The road(s) affected must be posted with signs that state the restric-
tion or prohibition. After posting, no person may park, stop or stand a vehicle in violation of the posted restriction or prohi-
bition.
E. The noncrilninal civil penalty for a violation of subsection A, B, C or 0 of this section and of the resolution desig-
nating the restricted or prohibited parking area is twenty dollars ($20.00). A law enforcement officer or parking enforcement
specialist who discovers a vehicle parked in violation of subsection A, B, C or D of this section and the resolution Inay issue
a ticket in the form used by the county for parking violators to the driver or, if the vehicle is unattended, attach the ticket to
the vehicle in a conspicuous place. The liability for the payment of the ticket is pursuant to F.S. 9 316.1967. Penalties col-
lected under this section must be relnitted to the county's general fund. (Prior code S 1] -1 0)
11.08.070 Collection of civil parking penalties.
A. As authorized by F.S. S 3]6.]967(6), the county clerk of the court is directed to supply the state Departlnent of
Highway Safety and Motor Vehicles with a magnetically encoded computer tape reel or cartridge, or to supply by other
electronic means, data that is machine readable by the installed computer at the department, listing persons who have three
or more outstanding county parking violations or one or more violations of Section ] 1.08.010, concelning disabled parking
space violations.
B. As authorized by F.S. 9 320.03(8), the county tax collector may not issue a license plate or revalidation sticker to an
applicant whose name appears on the list referred to in subsection A of this section until that person presents a receipt froln
the clerk of the court showing that the county parking fines outstanding have been paid.
C. The tax collector and the clerk of the court are each entitled to receive monthly, as costs for implementing and ad-
Ininistering this section, ten (10) percent of the civil penalties and fines collected. This section applies even though a no
parking ordinance requires that all penalties collected be deposited in a certain account or accounts. (Prior code ~ 11-11)
11.08.080 Parking on county roads prohibited during certain times for street cleaning.
A. The operator of a motor vehicle may not park the motor vehicle on the shoulder of any county roadway during the
time and date that official signs prohibit parking for the purposes of cleaning the road and the road shoulders.
B. The prohibition on parking for street cleaning purposes is not effective on any county road, or section thereof, until
the county public works division has posted the county road, or a section of the road, with official signs that read substan-
tially as follows:
NO PARKING ON THE (for example, Third Tuesday) OF EACH MONTH BETWEEN THE HOURS OF
AND FOR STREET CLEANING. VEHICLES IN VIOLA TION MAY BE TICKETED
OR TOWED.
C. After the no-parking signs described in subsection A of this section have been in place for thirty (30) days. the op-
erator of a motor vehicle parked in violation of section one may be issued a county parking ticket by a law enforcement of-
ficer or parking enforcement specialist, either in person or by placing the parking ticket on the motor vehicle, as provided by
law. Responsibility for the payment of the parking ticket is as provided by general law .
D. If the operator of the vehicle parked in violation of subsection A of this section refuses to move the motor vehicle,
or the motor vehicle is inoperable, a law enforcement officer may have the motor vehicle towed and stored at the owner of
the motor vehicle's expense pursuant to Chapter 5.32 of this code. (Prior code 9 16-6)
595
11.12.010
Chapter 11.12
HITCHHIKING
Sections:
11.12.010
11.12.020
11.12.030
11.12.040
11.12.050
Definitions.
Prohibited.
Exceptions.
Notice.
Effect of special laws.
11.12.010 Definitions.
As used in this chapter:
"~H itchhike~ solicit or attelnpt to solicit a ride froln the driver of any vehicle" means any overt act on the part of an indi-
vidual indicating that he or she is seeking to have a passing vehicle stop for the purpose of obtaining a ride from the driver
thereof.
"~Overt act" shall be limited to include the waving of one or both arms or gesturing with the anns or hands or body in
such a manner so as to attract the attention of passing lnotorists in an attempt to have them stop their vehicle and give such
person a ride. The overt act shall also include the wearing or use of signs large enough to be read by passing motorists indi-
cating that the individual wishes to be transported. No other overt acts shall constitute an element of the offense prohibited
by this chapter. Only the person exhibiting such overt act shall be in violation of this chapter~ and this chapter shall not ap-
ply to any person Inerely because he or she happens to be present near the person who is exhibiting the overt act. (Prior code
~ 11-3(a))
11.12.020 Prohibited.
It is unlawful for any person to stand or position himself or herself upon any county, state or federal street, highway or
road right-of-way lying within the unincorporated areas of the county, and hitchhike, solicit or attempt to solicit a ride from
the driver of any vehicle. (Prior code ~ 11-3(b))
11.12.030 Exceptions.
This chapter shall not apply to instances involving a disabled vehicle which due to mechanical or other reason is incapa-
ble of operation in a safe Inanner~ where the driver of such vehicle exits the vehicle and either lifts the hood or places a
handkerchiefor rag or silnilar distress signal on such vehicle indicating that such vehicle is disabled. Nor shall this chapter
apply if such driver of such disabled vehicle hitchhikes~ solicits or attempts to solicit assistance from passing motorists so
long as he or she shall do so in the immediate twenty (20) foot vicinity of the disabled vehicle. This chapter shall likewise
not apply to any instance of va lid public or private emergency wherein the health, safety and physical safety of a person is
in jeopardy and such person is in immediate need of medical attention, police or fire protection. (Prior code S I] -3( c))
11.12.040 Notice.
Notice shall be posted at or near the Monroe-Dade County line~ in the unincorporated area of Key Largo, Plantation Key,
Islamorada, Marathon, Big Pine Key, Boca Chica and at the beginning of the unincorporated portion of Stock Island, Mon-
roe County, Florida~ that hitchhiking is prohibited in the unincorporated area of this county, with the exception of the notice
posted at the Dade-Monroe County line and the notice posted at Stock Island. All such notices shall have such notice posted
on both sides of such notice. All the notices shall be posted prior to March 28~ 1977. (Prior code ~ I] -3(d))
11.12.050 E ffeet of speeiallaws.
All special laws regulations in conflict with this chapter are repealed to the extent of such conflict. (Prior code S 11-3( e))
596
11.16.010
Chapter 11.16
MISCELLANEOUS TRAFFIC REGULATIONS
Sections:
11.16.010
11.16.020
Surcharge for moving traffic violations.
Traffic education fund.
11.16.010 Surcharge for moving traffic violations.
There is imposed a surcharge of twelve dollars and fifty cents ($12.50) for each moving traffic violation ofF.S. Ch. 316
or 318. The board shall reduce the surcharge in the event the revenue generated exceeds that reasonably necessary to fund
the county's participation in the intergovernlnental radio communications program. (Prior code 9 11-9)
11.16.020 Traffic education fund.
A. Definitions: As used in this section, the term:
]. ~~School" includes any school operated by the Monroe County School Board, and any accredited private school
located within Monroe County.
2. "School board" includes the Monroe County School Board and the administrative authority for any other school as
that term has been defined in subsection (A)(]) of this section.
3. ~'Traffic education" includes programs that teach students the proper methods for operating motor vehicles, motor-
cycles, mopeds, scooters, bicycles, and other Inodes of transportation as deemed appropriate by the school board.
B. There is ilnposed a surcharge of three dollars ($3.00) for each civil traffic penalty which shall be used to fund traf-
fic education programs in schools located in the county subject to the following provisions.
I. Upon enactment of this section, there shall be created a fund known as the Monroe County traffic education fund.
2. All moneys raised by this subsection shall be budgeted and expended by the board of county commissioners by
payment to, or on behalf of, schools located in the county. The budgeting and expenditure of such funds is declared to be a
proper public and county purpose in and for the county. .
3. The board of county commissioners is authorized to appropriate such additional funds, as it may deem necessary
from other available sources for the purpose of establishing and maintaining traffic education programs in the county.
4. All funds raised through this subsection shall be used for direct educational expenses and shall not be used for ad-
ministrative expenses.
5. All funds raised through this subsection shall be distributed pursuant to interlocal agreelnents or contracts entered
into with the appropriate school board. (Prior code 9 11-] 2)
597
Chapters:
12.04
12.08
12.12
12.16
12.20
12.24
12.28
12.32
12.36
Title 12
BOATS, DOCKS AND WATERWAYS
General Provisions
Live-Aboard Vessel Restrictions
No Discharge Zones
Mooring Fields
Vessel Restricted Zones
Vessel Registration Fees
Interference with Navigable Canals
Noise Pollution and Exhaust Regulations
Diving and Snorkeling
599
12.04.010
Chapter 12.04
GENERAL PROVISIONS
Sections:
12.04.010
Definitions.
12.04.010 Definitions.
Io~Combustion vessel exclusion zone" means that no person shall operate a motorized vessel (as defined in this chapter),
by use of a cOlnbustion engine, or in some cases where specifically established an electric motor, in any area spatially de-
fined as cOlnbustion engine exclusion zone and which is so identified as a combustion engine exclusion zone by appropriate
signage.
Io~Commercial vessel" means: (I) any vessel primarily engaged in the taking or landing of saltwater fish or saltwater prod-
ucts or freshwater fish or freshwater products, or any vessel licensed pursuant to F.S. ~ 370.06 from which commercial
quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the con-
sumer, retail dealer, or wholesale dealer; (2) any other vessel, except a recreational vessel as defined in this section.
~~Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping.
~'Dive" means to wholly or partially submerge one's body while equipped with a mask or goggles, whether or not any
type of underwater breathing apparatus is used.
'~Floating structure" as defined in F.S. S 327.02(9), means a floating entity, with or without accommodations built
thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services
typically associated with a structure or other improvement to real property. The term, Io~floating structure," includes but is
not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or
lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or en-
tity represented as such. Floating structures are expressly excluded from the definition of the term Io~vessel." Incidental
movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classi-
fication as a floating structure.
A comlnercial establishment authorized by a licensed vessellnanufacturer as a dealership shall be considered a marina
for nonjudicial sale purposes.
Io'Houseboat" means a vessel or other floating structure which, for a period of time determined by the state in which the
vessel is located, is used primarily as a residence and is not used primarily as a means of transportation. See also F.S.
~ 327.02.
"Idle speed/no wake" means that a vessel cannot proceed at a speed greater than that speed which is necessary to main-
tain steerage.
Io~Live-aboard vessel" means:
I. Any vessel used solely as a residence;
2. Any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence,
except for commercial fishing vessels;
3. Any vessel with a person or persons living aboard that is anchored, moored, or docked in the same location for sev-
enty-two (72) consecutive hours is presumed to be a live-aboard.
~~Lobster mini-season" means the two-day sport season authorized by the Marine Fisheries Department of the Florida
Fish and Wildlife Conservation Commission pursuant to Section 688-24.005, Florida Administrative Code, as alnended
from tilne to tilne.
"Manager" means the manager and/or management staff of the land based facility authorized by separate resolution
and/or agreelnent to operate, manage and maintain any county mooring fields.
"Manmade water body" means a water body that was created by excavation by mechanical means under human control
and includes a canal, cut basin, or channel where its edges or margins have subsequently been modified by natural forces
(See Definitions, Section 9.02.040).
]. For the purposes of this title, such water bodies may have natural components; for instance a channel or canal may
have been dredged such that the dredge material was used to create land on one side, but not the other, thus leaving a rela-
tively natural shoreline on the opposite side.
60]
12.04.010
2. Also for the purposes of this title~ the Inanlnade water body Inust have buildings~ as defined in Section 9.02.040~
along its shoreline to be applicable. Ifbuildings are not present on a given shoreline on the date of adoption of the ordinance
codified in this section~ but such buildings are constructed at a later date~ then the ordinance codified in this section becolnes
effective at that tilne.
~'Marine sanitation device~~ as defined in F.S. ~ 327.02(20) means any equiplnent other than a toilet~ for installation on
board a vessel~ which is designed to receive~ retain~ treat~ or discharge sewage~ and any process to treat such sewage. Marine
sanitation device Types t It and III shall be defined as provided in 33 C.F.R. Part 159.
~"Mobile pump-out vessel" Ineans any vessel capable ofpulnping out and receiving hUlnan body wastes and other efflu-
ent contained in Inarine sanitation devises installed aboard other vessels.
~'Mooring field(sr~ Ineans areas in and adjacent to Monroe County installed mooring systems~ including designated an-
choring areas. These areas may include both county and state owned sublnerged lands~ but shall exclude privately owned
sublnerged lands. The delineation~ implelnentation and Inanagement of county mooring fields will be approved by the state.
"~Motorboat'~ Ineans any vessel equipped with machinery for propulsion~ irrespective of whether the propulsion Inachin-
ery is in actual operation. This definition is synonymous with the definition of Inotorized vessel.
~'Motorized vesser~ means any vessel~ which is propelled or powered by machinery and which is capable of being used as
a means of transportation on water.
~'No discharge zone" means any of the areas located within state waters within the boundaries of the Florida Keys Na-
tional Marine Sanctuary~ as identified in Federal Register Notice 66: 144~ pp 38967-38969~ prolnulgated on 26 July 200 1 ~
and as shown in Attachment A of the ordinance codified in this subsection.
~'No motorboat zone" Ineans that no person shall operate a motorboat~ by use of its motor or engine~ in any area spatially
defined as no motorboat zones and which is so identified as a no Inotorboat zone by appropriate signage.
~'Owner~~ means the individual~ other than an individual aboard a public vessel~ in actual physical control of a vessel.
Owner also means a person~ other than a lienholder~ having the property in or title to a vessel. The term includes a person
entitled to use or possession of a vessel subject to an interest in another person~ reserved or created by an agreelnent and
securing payment of perfonnance of an obligation~ but the tenn excludes a lessee under a lease not intended as security.
~"Person" Ineans an individual~ partnership~ firm~ corporation~ association~ or other entity~ but does not include an indi-
vidual on board a public vessel or the owner of a public vessel.
"'Public vesser~ means a vessel owned or a bareboat chartered and operated by the United States~ the state of Florida.
Monroe County ~ or by a foreign nation~ except when such vessel is in comlnerce.
~'Pulnp-out station~~ means a facility that pumps or receives hUlnan body wastes and other effluent out of marine sanita-
tion devise installed on board vesse Is.
~'Real property owner~~ Ineans any part owner~ tenant in cOlnmon~ tenant in partnership~ joint tenant or tenant by the en-
tirety., with legal or beneficial title to the whole or to part of real property.
~~ Recreational vesse r~ Ineans any vesse I: (a) man ufactured and used primarily for noncomlnercial purposes~ or (b) leased~
rented~ or chartered to a person for the person ~ s noncolnlnercial use.
~~Residential area~~ means any area designated improved subdivision., suburban residential or suburban residentiallilnited~
sparsely settled., urban residential~ and urban residential mobilehome under the Monroe County land development regula-
tions.
....Seaworthy condition" means that a vessel is in good condition and capable of the use for which it was designed.
~"Slow speedltninimuln wake~' means that a vessel must be fully off plane and completely settled into the water. It must
not proceed at a speed greater than that which is reasonable and prudent to avoid the creation of an excessive wake or other
hazardous condition under the existing circulnstances. A vessel that is:
I. Operating on a p lane~
2. In the process of coming off plane and settling into the water or COining up onto a plane~ or
3. Operating at a speed that creates a wake which is unreasonable or unnecessarily endangers other vessels:
is not proceeding at a slow speed/minimum wake.
~"Sewage'~ means human body wastes and wastes from toilets and other receptacles~ including approved Inarine sanitation
devises (MSD) intended to receive or retain body wastes., whether treated or raw.
~'V esser~ is synonymous with boat as referenced in Article VIt Section 1 (b)~ Florida Constitution (1968)~ and includes
every description ofwatercraft~ barge~ and airboat~ other than a seaplane on the water~ used of capable of being used as a
Ineans of transportation on the water.
602
] 2.04.0 10
.'Water-borne craft" or structures subject to density allocation and wastewater management requirements (water-borne
craftr~ encompasses any of the following definitions~ houseboat~ floating structures~ liveaboard vessel~ and vessel as defined
in this title and F.S. Ch. 327.02~ when the object of such definitions is being occupied in a manner that would be construed
as either a residential or business purpose which would normally require wastewater facilities. Such occupation~ be it resi-
dential or COlTIlnercial in nature~ could involve either long term or short tenn tenancies and typically would involve occu-
pancy including habitation~ eating, sleeping~ bathing~ and or a business functions where the occupant were aboard the water-
borne craft for several hours per day.
Water-borne craft may as a matter of course occupy a dry slip wet slip~ or mooring as defined in this title and exist in a
Inarina~ marine facility~ mooring field or other location within or on waters of this state as defined in this title.
Water-borne craft are subject to a density allocation COlnmensurate with the district it occupies and is to be calculated as
the equivalent of one density unit. Water-borne craft are subject to wastewater management requirelTIents as defined in this
title and Title 9 of this code. (Ord. 0 15-2004 ~~ 1 ~ 2~ Ord. 044-2003 ~ 2; Ord. 040-2003 ~ I; Ord. 020-2003 ~~ ], 2~ Ord.
006-2003 ~ I; prior code ~ 5.5-1)
603
12.08.010
Chapter 12.08
LIVE-ABOARD VESSEL RESTRICTIONS
Sections:
12.08.010
12.08.020
12.08.030
12.08.040
Definitions.
Prohibition on live-aboard vessels in residential areas-Exception.
Violations-Penalties.
Affected area.
12.08.010 Definitions.
Definitions shall apply as provided in Section] 2.04.0 I 0 or as referenced froln other chapters as appropriate. (Ord. 020-
2003 ~ 3: prior code ~ 5.5-16(a))
12.08.020 Prohibition on live-aboard vessels in residential areas-Exception.
A. No person luay anchor~ luoor or dock~ or permit or cause to be anchored~ luoored or docked~ any live-aboard vessel:
t. In a luanmade canat lnanlnade basin~ or manluade cove that is adjacent to any residential area~ or
2. Within one hundred (] 00) feet of a manmade canal mouth~ Inanmade basin~ manlnade cove~ or a manmade or natu-
ral shoreline whose adjacent or upland property is a residential area.
B. Any vessel with a person or persons aboard that is anchored~ moored or docked in the same location for seventy-
two (72) hours is presulued to be a live-aboard vessel.
C. This prohibition does not apply to a marina in lawful operation on the effective date of this section. (Prior code
~ 5.5-] 6(b))
12.08.030 Violations-Penalties.
Monroe County code enforcement is charged with enforcement responsibility for this chapter.
A. Any person cited for a violation of this chapter shall be deemed charged with a noncriminal infraction~ and notified
to appear before the county court. Citations shall be issued pursuant to F.S. ~ 327. 74~ (uniform boating citations) by any law
enforceluent agency authorized to issue such citations. The civil penalty for any such infraction is fifty dollars ($50.00)~
except as otherwise provided in this chapter.
B. Any person cited for an infraction under this chapter may:
1. Post a bond~ which shall be equal in aluount to the applicable civil penalty~ or
J Sign and accept a citation indicating a prolnise to appear.
The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable
c ivi I penalty.
C. Any person who wilfully refuses to post a bond or accept and sign a summons is guilty ofa Inisdelueanor of the
second degree.
D. Any person charged with a noncriminal infraction under this section may:
I. Pay the civil penalty~ either by mail or in person within ten (10) days of the date of receiving the citation: or
J I f he or she has posted bond~ forfeit bond by not appearing at the designated time and location.
If the person cited follows either of the above procedures~ he or she shall be deemed to have admitted the infraction and
to have waived his or her right to a hearing on the issue of commission of the infraction. Such admission shall not be used as
evidence in any other proceedings.
E. Any person electing to appear before the county court or who is required so to appear shall be deelued to have
waived the liluitations on the civil penalty specified in subsection A of this section. The county court after a hearing~ shall
make a detenuination as to whether an infraction has been committed. If the commission of an infraction has been proven~
the county court may impose a civil penalty not to exceed five hundred dollars ($500.00).
F. At a hearing under this title~ the cOlumission of a charged infraction IUllst be proved beyond a reasonable doubt.
G. I f a person is found by the county court to have committed an infraction~ he or she may appeal that finding to the
circuit court. (Prior code S 5 .5-16( c))
604
12.08.040
12.08.040 Affected area.
This chapter is effective only in unincorporated Monroe County.
This chapter is cumulative to any other substantive laws or ordinances that regulate live-aboard vessels and is cumulative
to any enforcelnent procedure that those laws or ordinances lnay provide. This chapter does not supersede or repeal or oth-
erwise Inodify those laws, ordinances or enforcelnent procedures in any way. (Prior code ~ 5 .5-16(d))
605
12.12.010
Chapter 12.12
NO DISCHARGE ZONES
Sections:
12.12.010
12.12.020
12.12.030
Definitions.
No discharge zone established.
Force and effect.
12.12.010 Definitions.
Definitions shall apply as provided in Section 12.04.010 of this chapter or as referenced froln other chapters as appropri-
ate. (Ord. 020-2003 ~ 6: Ord. 003-2003 ~ 1 (part): prior code ~ 5.5-46)
12.12.020 No discharge zone established.
A no discharge zone is established to coincide exactly with those boundaries identified in Federal Register Notice
66: 144, pp 38967-38969, promulgated on 26 July 2001. (Ord. 003-2003 ~ 1 (part): prior code ~ 5.5-47)
12.12.030 Force and effect.
This chapter becomes effective in the no discharge zone identified on the map in Exhibit A, attached to the ordinance
codified in this chapter, upon final approval at the federal level, U.S. EP A Region IV. (Ord. 003-2003 ~ 1 (part): prior code
~ 5.5-48)
606
12.16.010
Chapter 12.16
MOORING FIELDS
Sections:
12.16.010
12.16.020
12.16.030
12.16.040
12.16.050
12.16.060
12.16.070
12.16.080
Pu rpose.
Definitions.
Force and effect.
Additional mooring fields proposed.
Rules and regulations for mooring field(s).
Fee schedule.
Removal and impoundment of dangerous or hazardous vessels.
V io la tio ns-Penalties.
12.16.010 Purpose.
This chapter provides for the installation of Inooring fields and the authorization to manage those mooring fields as a
method of addressing boating impacts associated with the many over-crowded anchorages in the Florida Keys. The Inooring
fields shall be managed so as to eliminate abandoned and derelict vessels, ensure compliance with the Clean Vessel Act.,
minimize benthic damage., and provide a safe, secure harbor for transient and long-term recreational vessels. This chapter is
adopted pursuant to F.S. Chs. 327 and 315. (Prior code ~ 5.5-76)
12.16.020 Definitions.
Definitions shall apply as provided in Section 12.04.010 or as referenced from other chapters as appropriate. (Ord.
020-2003 ~ 7: prior code ~ 5.5-77)
12.16.030 Force and effect.
A. This chapter shall become effective in each mooring field identified in attachment A., available for public inspection
in county offices., upon completion of mooring system installation in such mooring field.
B. The county has the authority to have all vessels or floating structures., ground tackle., and other associated gear re-
lTIoved from the mooring system site prior to installation of moorings to allow for the safe and effective installation of those
mooring systems. Vessel and floating structure owners shall be responsib Ie for the removal of any and all objects placed on.,
or imbedded into the bay bottom within the mooring systelTI area to allow for subsequent mooring systelTI installations. The
county shall attempt to provide reasonable notice to those vessel or floating structure owners determined to be within the
area of the lTIooring systelTI so as to allow sufficient tilne for voluntary removal. If the county is unable to contact or identify
the owner of vessels or floating structures within the mooring system area., due to the lack of identifying marks on the vessel
or floating structure, the county may remove and impound those vessels or floating structures and dispose of them as pro-
vided in F.S. ~ 705.103.
C. The anchoring regulations of Section 12.16.050(C), shall not apply to non-live-aboard vessels engaged in the exer-
cise of the rights of navigation. A non-live-aboard vessel shall be considered as no longer engaged in the exercise of the
rights of navigation when it has been at anchor for twenty-four (24) hours. (Prior code S 5.5-78)
12.16.040 Additional mooring fields proposed.
Additional mooring fields may be added by amendment to this chapter. Appropriate maps shall be added to the list of
exhibits, which accompany the ordinance at the tilne of amendment along with updates of the established upland facilities
required for servicing and management of the adjacent lTIooring field. (Prior code S 5.5-79)
12.16.050 Rules and regulations for mooring field(s).
A. Only recreational vessels may utilize the mooring field(s). Commercial vessels lTIay enter the lTIooring field as
needed for installation., repair and servicing of private., commercial or governmental facilities., or to transit the area while in
the act of navigation.
607
12.16.060
B. Owners or operators of recreational vessels wishing to use a mooring lnust do so through a license agreement with
the lnanager of the lnooring field(s).
C. Entry into lnooring systeln areas is prohibited~ except by recreational vessels and their dinghies which are assigned
to a mooring~ recreational vessels visiting those recreational vessels assigned to a mooring~ mooring field lnanagelnent and
construction or repair vessels~ and by enforcelnent vessels.
D. Only vessels in seaworthy condition shall be allowed to use the lnooring field(s).
E. All vessels within the mooring field must have United States Coast Guard approved marine sanitation devices as
required. All vessels equipped with a waste discharge shall have the seacock closed and sealed at all times while within the
Inooring fie ld( s).
F. Mooring field licensees shall be required to pUlnp out sewage at approved pump-out facilities as needed. Mooring
field licensees shall be infonned by the lnanager in writing of the availability and requirelnents to use the sewage pUlnp-out
facilities provided by the mooring facility or other available facilities.
G. Only biodegradable cleansers shall be used on vessels in the lnooring field. The use of detergents containing aln-
monia~ sodium hypochlorite~ chlorinated solvents~ petroleum distillates~ or lye within the mooring field is prohibited.
H. Mooring field licensees are responsible for any damage that may be incurred to their assigned lnooring or other
moorings within the mooring field(s). The recreational vessel owner shall reilnburse the county for any damage which they
or their vessel may cause to county property within thirty (30) days notice (by ce11ified mail or posting oflicensees~ vessel)
of such damage.
I. Mooring of recreational vessels shall be at the sole risk of the licensees. Monroe County is not liable for the care or
protection of any vessel or its contents~ or for any loss or damage of any kind or nature~ resulting froln mooring operations
or use of moorings. (Prior code S 5.5-80)
12.16.060 Fee schedule.
A fee schedule shall be developed by the county~ in collaboration with the lnooring field manager, based on actual costs
of operations, management and maintenance. The fee schedule shall be approved by resolution of the BOCC and included in
any agreement between the manager and the county. (Prior code S 5.5-81)
12.16.070 Removal and impoundment of dangerous or hazardous vessels.
Any vessel~ due to fire~ explosion~ accident~ or negligence~ which in the determination of the manager~ after consultation
with the sheriff s department or Florida Fish and Wildlife Conservation Commission ~ivision of Law Enforcelnent or
United States Coast Guard, creates an immediate danger to life or property~ hazard to navigation~ or eminent environlnental
hazard shall be subject to imlnediate removal and impoundment of the vessel~ and costs incident thereto shall be borne by
the vessel owner. (Prior code 9 5.5-83)
12.16.080 Violations-Penalties.
A. A violation of this chapter is a noncriminal infraction under F.S. 9 327.73( 1 )(K)(2), and may be enforced as pro-
vided by F.S. ~~ 327.70~ 327.73, 327.731~ and 327.74.
B. A violation of this chapter may be prosecuted in the same manner as second degree misdemeanors as provided by
F.S. ~ 125.69(1).
C. The penalty provisions of this chapter are nonexclusive and this chapter may be enforced through any lawfully
available procedure~ including prosecution before the code enforcement special master or by issuing a notice to appear or
through suits for injunctive relief and damages. (Prior code S 5.5-82)
608
12.20.0 10
Chapter 12.20
VESSEL RESTRICTED ZONES
Sections:
12.20.010
12.20.020
12.20.030
12.20.040
12.20.050
12.20.060
12.20.070
12.20.080
Pu rpose.
Definitions.
Boat restricted zones established.
Vessel use restriction zone delineation markers.
New vessel restricted areas.
Hold harmless agreement authorized.
Violations-Penalties.
Exemptions.
12.20.010 Purpose.
A. It is the purpose of this chapter of the Monroe County Code to define areas that have or ITIay have vessel restricted
zones. These zones can be idle speed/no wake areas, slow speed/minimulTI wake areas, motorboat restricted areas, or areas
in which vessel is restricted alTIongst other forms of restriction to boat size, speed, or activity. (Prior code ~ 5.5-106)
12.20.020 Definitions.
A. Definitions shall apply as provided in Section] 2.04.0] 0 or are referenced from other chapters as appropriate. (Prior
code S 5.5-107)
12.20.030 Boat restricted zones established.
A. Idle SpeedlNo Wake Zones. No person shall operate a vessel in the following areas spatially defined as "idle
speed/no wake zones" at a speed in excess of idle speed/no wake as defined in this title.
1. Summerland Key Channel: to include an area within three hundred (300) feet of shore along the southwest shore of
Summerland Key, running contiguous with the shorelines of Summer land Key Cove and Summerland Cove Isles subdivi-
SIons.
2. Ocean Reef Club.
a. Bayside: to include an area between three hundred (300) feet of shore along the northwest shore of North Key
Largo running contiguous with the shoreline of Snapper Point subdivision, Ocean Reef Club, within the navigation channel
which parallels the shoreline. Includes all internal canals of Snapper Point subdivision.
b. Oceanside: to include all residential canals in Angelfish Cay, all residential canals in Channel Cay, and the portion
of Little Angelfish Creek adjacent to Angelfish Cay.
3. Riviera Canal: to include the area of Riviera Canal, Key West, running from Cow Key Channel to the west, until it
turns approximately ninety (90) degrees to the north.
4. Jolly Roger Estates, Little Torch Key: to include an area running parallel to the eastern shore of Jolly Roger subdi-
vision approximately three hundred (300) feet off-shore and within the deep navigation canal parallel to the subdivision
shoreline. To include the northernmost canal (running east-west) leading into the internal subdivision canals.
5. SOITIbrero Beach: to include the area at the west side of Sombrero Beach extending to the west side of the naviga-
tion canal bounded at its southern extreme by Day Beacon No.6.
6. Safety Harbor: to include an area contiguous to and extending approximately three hundred (300) feet from the resi-
dential shorelines of Safety Harbor and Toll Gate Shores, within the existing deeper parallel navigation channel.
7. COITIITIunity Harbor: to include the area within the bounds of Community Harbor, Tavernier, Key Largo and
extending in an arc from either side of the mouth, just outside the bounds of the Harbor.
8. All manmade water bodies: to include all manlTIade water bodies, as defined in this title, within the waters ofMon-
roe County, Florida.
9. Dove Creek: from the open water of the Atlantic/Hawk's Channel, the eastern section of Dove Creek to the western
end of Dove Creek subdivision and including the Dove Creek subdivision residential canal.
609
12.20.040
B. Slow Speed/Minilnum Wake Zones. No person shall operate a vessel in the following areas spatially defined as
....slow speedhninimuln wake zones~~ at a speed in excess of slow speedltninimuln wake as defined in this title.
1. Snake Creek: to include the entire width of Snake Creek~ fro In one hundred (100) feet south of the Snake Creek
Bridge at U.S. Highway 1 ~ to one hundred (100) feet north of the residential shoreline of the Venetian Shores subdivision~
Plantation Key.
2. Vaca Cut: extending the length ofVaca Cut~ Marathon from the regulatory marker located approximately one thou-
sand two hundred fifty (I ~250) feet south of the Vaca Cut Bridge to the regulatory Inarkers located approximately eight
(800) feet north of the Vaca Cut Bridge.
3. Whale Harbor: to include the area just north of the Whale Harbor Bridge and extending south the length of the
Whale Harbor navigation channel to A TON Number 1.
4. Boot Key Harbor and Sister~s Creek: to include all waters within Boot Key Harbor including contiguous creeks and
Inanlnade canals~ and including approaches to the harbor from the west beginning at Day Beacon No.7 and froln the south~
Sister~s Creek beginning at Day Beacon No.4.
5. Cow Key Channel: To include Cow Key Channel north of the Cow Key Channel Bridge at U.S. Highway 1 and
ending at Day Beacon No. 11, south of the Cow Key Channel Bridge.
6. Adams Waterway: to include the entire area known as Adalns Waterway, Key Largo, leading from Blackwater
Sound on Florida Bay to Largo Sound on the ocean side of the Island of Key Largo.
C. COlnbustion Engine Exclusion Zones. No person shall operate a motorized vessel in the following areas spatially
defined as ""combustion engine exclusion zones."
1. Key West.
a. Smathers Beach: to include an area parallel to the shore along Smathers Beach running six hundred (600) feet off-
shore.
2. Harry Harris Park: to include an area parallel to the shoreline extending the length of Harry Harris Park~ Tavernier,
Key Largo extending to the west to include the five contiguous lots of Ocean Park Village and extending approximately
four hundred fifty (450) feet offshore.
3. Dove Creek and Dove Lake: to include the western end of Dove Creek from the west end of Dove Creek subdivi-
sion to the mouth of Dove Lake and the entire area of Dove Lake.
4. Whale Harbor Channel Flats: to include the shallow areas adjacent to the northeast and southwest sides of Whale
Harbor Channel on the ocean side of U.S. Highway 1. The approximate length of the zone extends from the Whale Harbor
Channel Aids to Navigation NUlnbers 8 and 9 southeastward to Whale Harbor Channel Aids to Navigation NUlnbers 1 and
2. The width of the zone is defined, on either side of the channel~ by the adjacent shallow areas and the slnall channels far-
ther to the northeast or southwest of the Whale Harbor Channel. The zones are approximately triangular on either side of
Whale Harbor Channel. The Zones will specifically exclude the areas known as the ""Sand Bar," shallow~ sandy areas im-
mediately contiguous to Whale Harbor Channel on either side.
D. Motorboats Prohibited Zone. No motorboat as defined herein shall enter an area established by county ordinance as
""Inotorboat prohibited zone.'~
1. Varadero Beach: to include an area within three hundred (300) feet of shore along the cove on the bayside of Key
Largo~ known as Varadero Beach at approximately mm 95.6 bayside and as shown graphically in the map attached to the
ordinance codified in this subsection. Kayaks~ canoes and similar exclusively human powered vessels are allowed in this
zone.
E. Viewable Map of Zones. Viewable maps of each of the zones noted in this section are available at the Monroe
county departlnent of marine resources. (Ord. 015-2004 S 3~ Ord. 040-2003 S 2~ Ord. 020-2003 ~ 8~ Ord. 0 12-2003 ~ I ~
Ord. 006-2003 ~ ~ 2~ 3 ~ Ord. 004-2003 S I ~ prior code ~ 5.5-108)
12.20.040 Vessel use restriction zone delineation markers.
A. The vessel use restriction zones established in Section] 2.20.030 shall be marked on the waters using the U.S.
Coast Guard and state of Florida unifonn regulatory markers in accordance with applicable state and federal laws and regu-
lations.
B. Special requirements apply to markers for all manmade water bodies, which require that signs describing the idle
speed/no wake boating restricted area set forth in Section 12.20.030(A)(8) Inust be posted:
610
12.20.050
I. Along U.S. Highway I near the county border and at least four other locations along u.s. Highway I ~ from the Up-
per Keys to the Lower Keys~
2. Posted at public boat launching ramps~ and
3. At marinas whose operators wish to post such signs. The posted signs must be in accord with applicable state and
federal laws and regulations. If any regulatory markers are placed in manmade water bodies~ as defined in this title~ those
Inarkers Inust be in accord with applicable state and federal laws and regulations. (Prior code ~ 5.5-109)
12.20.050 New vessel restricted areas.
New vessel restricted areas~ as identified by type in Sections 12.20.030(A) through (D)~ Inay be approved by the board of
county cOlnmissioners at a properly noticed and advertised meeting of the board~ by ordinance~ in a single hearing held
within the area most affected by the proposed vessel restricted area. The type of vessel restricted area and the boundaries of
the area shall be provided in any proposed additions to the title. (Prior code S 5.5-110)
12.20.060 Hold harmless agreement authorized.
As a condition for the issuance of a pennit froln the Division of Law Enforcement of the Florida Fish and Wildlife Con-
servation COlnmission (hereinafter ""department") for the idle speed/no wake~ slow speed/minitnum wake~ no motorboat~
and other applicable zones~ described in Section 12.20.030~ the county consents and agrees to hold the department hannless
from fault with respect to any claiIns arising from alleged negligence in the placement~ maintenance~ or operation of the
department approved markers. The mayor is authorized to sign and execute an agreelnent to that effect with the department
if required by the departlnenf s rules or procedures. (Prior code S 5.5-111)
12.20.070 Violations-Penalties.
Any person cited for a violation of this chapter shall be deemed charged with a noncriminal infraction~ shall be cited for
such an infraction~ and shall be cited to appear before the county court. Citations shall be issued pursuant to F.S. ~ 327.74~
(uniform boating citations) by any law enforcelnent agency authorized to issue such citations. The civil penalty for any such
infraction is fifty dollars ($50.00)~ except as otherwise provided in this section.
A. Any person cited for an infraction under this section may:
I. Post a bond~ which shall be equal in amount to the applicable civil penalty~ or
2. Sign and accept a citation indicating a promise to appear.
S. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the appli-
cable civil penalty.
C. Any person who wilfully refuses to post a bond or accept and sign a sumlnons is guilty of a Inisdemeanor of the
second degree.
D. Any person charge with a noncriminal infraction under this section may:
1. Pay the civil penalty~ either by mail or in person within ten (10) days of the date of receiving the citation~ or
2. Ifhe or she has posted bond~ forfeit bond by not appearing at the designated time and location.
E. If the person cited follows either of the above procedures~ he or she shall be deemed to have adlnitted the infraction
and to have waived his or her right to a hearing on the issue of commission of the infraction. Such admission shall not be
used as evidence in any other proceedings.
F. Any person electing to appear before the county court or who is required to appear shall be deemed to have waived
the limitations on the civil penalty specified in the first paragraph of this section. The county court~ after a hearing shall
make a detennination as to whether an infraction has been committed. Jfthe cOlnmission of an infraction has been proven~
the county court may ilnpose a civil penalty not to exceed five hundred dollars ($500.00).
G. At a hearing under this title the commission of a charged infraction must be proven beyond a reasonable doubt.
H. If a person found by the county court to have committed an infraction~ he or she may appeal that finding to the cir-
cuit court.
I. Failure to pay fines within thirty (30) days shall be punished as a secondary misdemeanor. (Prior code S 5.5-112)
12.20.080 Exemptions.
This chapter shall not apply in the case of an emergency or to a patrol or rescue craft. (Prior code S 5.5-113)
611
12.24.010
Chapter 12.24
VESSEL REGISTRATION FEES
Sections:
12.24.010
12.24.020
12.24.030
Imposition of county annual vessel registration fee.
Use of the county annual vessel registration fee.
County authorized to enter into interlocal agreements with municipalities for distribution of
fees.
12.24.010 Imposition of county annual vessel registration fee.
A. Pursuant to F.S. ~ 328.66( 1), Monroe County ilnposes an annual registration fee on vessels registered, operated or
stored in the water within Monroe County, Florida. The fee shall be fifty (50) percent of the applicable state registration fee.
However~ the first one dollar ($1.00) of every county registration fee imposed pursuant to this chapter shall be remitted to
the state for deposit in the Save the Manatee Trust Fund created within the Fish and Wildlife Conservation COlTIlnission.
B. As authorized by Part II, F.S. Ch. 328~ the Monroe County tax collector shall collect the county annual vessel regis-
tration fee imposed by this chapter and remit the fees to the county and the state as provided by law. Provided, however~ the
tax collector shall not be required to collect the county annual vessel registration until three months after the effective date
of this chapter. (Prior code ~ 5.5-131)
12.24.020 Use of the county annual vessel registration fee.
The county annual vessel registration fee may be used for any purpose authorized by law. (Prior code ~ 5.5-132)
12.24.030 County authorized to enter into interlocal agreements with municipalities for distribution of
fees.
Pursuant to F.S. ~ 328.66(2)~ the Monroe County board of county commissioners is authorized to enter into interlocal
agreements with any of the various municipalities within the county for the distribution of the proceeds of the county annual
vessel registration fee between or alTIOng the county and a municipality or Inunicipalities according to any formula the par-
ties may agree upon. However~ the interlocal agreelnent or agreelnents may not provide for the expenditure of the county
annual vessel registration fee on any purpose not authorized by law. (Prior code ~ 5.5-133)
612
] 2.28.0] 0
Chapter 12.28
INTERFERENCE WITH NAVIGABLE CANALS
Sections:
12.28.010
12.28.020
12.28.030
Definitions.
Prohibition on causing or permitting trees to interfere with vessels upon any manmade water
bod y.
Violations-Penalties.
12.28.010 Definitions.
Definitions shall apply as provided in Section ]2.04.0] 0 or as referenced from other chapters as appropriate. (Ord. 020-
2003 ~ 4: prior code ~ 5.5-17(a))
12.28.020 Prohibition on causing or permitting trees to interfere with vessels upon any man made water
body.
No real property owner may cause~ suffer~ or permit a tree~ trees or other vegetation~ to grow~ or other\\iise extend~ from
his or her real property into or over a manmade water body in such a way or manner as to constitute a navigational hazard
to~ or to interfere with~ vessels engaged in ajoumey or ride upon the manmade water body. (Ord. 020-2003 ~ 5: prior code
~ 5.5 - ] 7 (b ) )
12.28.030 Violations-Penalties.
A. Pursuant to F. S. ~ 125 .69(])~ violations of this chapter shall be prosecuted in the same Inanner as misdemeanors are
prosecuted. Such violation shall be prosecuted in the name of the state in a court havingjurisdiction ofmisdelneanors by the
prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or
by imprisonment in the county jail not to exceed sixty (60) days or by both fine and imprisonment.
B. Violations of this chapter shall also be punished by in Chapter 1.08 of this code~ and F.S. Ch. 162, or by prosecu-
tion before the code enforcement special master as provided prosecution pursuant to the citation and civil infraction proce-
dure of Chapter 1.12 of this code~ and F.S. Ch. 162.
C. This chapter may also be enforced through any lawful procedure or process available to the county for the enforce-
ment of its ordinances~ including by way of illustration and not lilnitation~ suits for injunctive relief. (Prior code ~ 5 .5-17( c))
6]3
] 2.32.0 10
Chapter 12.32
NOISE POLLUTION AND EXHAUST REGULATIONS
Sections:
12.32.010
State noise pollution and exhaust regulations adopted.
12.32.010 State noise pollution and exhaust regulations adopted.
A. Pursuant to F.S. ~ 327.60( I)~ Monroe County~ Florida~ adopts the following noise pollution and exhaust regulations
enumerated in F.S. ~ 327.65(2)(a):
I. No person shall operate or give permission for the operation of any vessel on the waters in Monroe County, Florida~
in such a manner as to exceed the following sound levels at a distance of fifty (50) feet from the vessel: for all vessels, a
Inaxitnum sound level of ninety (90) dB A.
2. Any person who refuses to sublnit to a sound level test when requested to do so by a law enforcelnent officer is
guilty of a misdelneanor of the second degree~ punishable as provided in F.S. ~ 775.082 or ~ 775.083.
B. The following words and phrases~ when used in this section~ shall have the Ineanings respectively assigned to theln
in this subsection:
]. '''dB A" Ineans the cOlnposite abbreviation for the A-weighted sound level and the unit of sound level~ the decibel.
2. "Sound lever~ means the A-weighted sound pressure level measured with fast response using an instrument COtn-
plying with the specifications for sound level meters of the American National Standards Institute~ lnc.~ or its successor bod-
ies, except that only a weighting and fast dynatnic response need be provided. (Ord. 022-2004 S~ 28~ 33~ prior code
~ 13-10)
614
12.36.0 10
Chapter 12.36
DIVING AND SNORKELING
Sections:
12.36.010
12.36.020
12.36.030
12.36.040
Intent and purpose.
Definitions.
Diving and snorkeling prohibited.
V io la tio ns-Pen a Ities.
12.36.010 Intent and purpose.
The intent and purpose of this chapter is to abate the destruction of property., deleterious environlnental effects., and
criminal trespass that results from the close proxiInity of divers to public and private property., as well as their interaction
and exploration of docks., piers., and bulkheads in search of spiny lobster during the lobster mini-season~ which activities
constitute a public nuisance. (Ord. 044-2003 ~ I (part)~ prior code ~ 5.5-140)
12.36.020 Definitions.
Definitions shall apply as provided in Section 12.04.0 I 0 or as referenced from other chapters as appropriate. (Ord. 044-
2003 ~ 1 (part)~ prior code ~ 5.5-141)
12.36.030 Diving and snorkeling prohibited.
A. It is a public nuisance and unlawful for any person to dive or snorkel in any manmade water body as defined in this
title., marina., or within three hundred (300) feet of an improved residential or commercial shoreline during the entirety of the
lobster mini-season. A map reflecting the boundaries of the prohibited areas shall be available at the department of marine
resources., Monroe County for reference by the public and shall be incorporated by reference into this chapter. The prohib-
ited areas shall be marked by signs on the shoreline at conspicuous places., as has previously been done for the general slow
speed/no wake zone for manmade water bodies., at marinas and along the main arterial waterways of the county as may be
helpful to inform the public of the existence of the prohibition.
B. Exception. Nothing in this chapter shall prohibit diving incidental to vessel or dock maintenance provided the diver
perfonning the maintenance lawfully displays a diver down flag and otherwise complies with the requirements ofF.S. Ch.
327., as amended from time to time. (Ord. 044-2003 ~ I (part)~ prior code ~ 55-]42)
12.36.040 Violations-Penalties.
Any person cited for a violation of this chapter shall be deemed charged with a noncriminal infraction., shall be cited for
such an infraction., and shall be cited to appear before the county court. Citations shall be issued pursuant to F. S. ~ 327.74.,
(unifonn boating citations) by any law enforcement agency authorized to issue such citations. The civil penalty for any such
infraction is fifty dollars ($50.00)., except as otherwise provided in this section.
A. Any person cited for an infraction under this section may:
1. Post a bond., which shall be equal in amount to the applicable civil penalty~ or
2. Sign and accept a citation indicating a promise to appear.
B. The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the appli-
cable civil penalty.
C. Any person who wilfully refuses to post a bond or accept and sign a summons is guilty of a misdemeanor of the
second degree.
D. Any person charged with a noncriminal infraction under this chapter may:
1. Pay the civil penalty., either by mail or in person within ten (10) days of the date of receiving the citation~ or
2. If he or she has posted bond., forfeit bond by not appearing at the designated time and location.
E. If the person cited follows either of the above procedures., he or she shall be deemed to have adlnitted the infraction
and to have waived his or her right to a hearing on the issue of commission of the infraction. Such admission shall not be
used as evidence in any other proceedings.
6]5
12.36.040
F. Any person electing to appear before the county court or who is required to appear shall be deelned to have waived
the lilnitations on the civil penalty specified in the first paragraph of this section. The county court~ after a hearing shall
lnake a determination as to whether an infraction has been committed. If the cOlnmission of an infraction has been proven,
the county court lnay impose a civil penalty not to exceed five hundred dollars ($500.00).
G. At a hearing under this title the comlnission of a charged infraction lnust be proven beyond a reasonable doubt.
H. Ifa person found by the county court to have comlnitted an infraction~ he or she may appeal that finding to the cir-
cuit court.
I. Failure to pay fines within thirty (30) days shall be punished as a secondary misdemeanor. (Ord. 044-2003 ~ I
(part)~ prior code S 55-143)
6]6
Chapters:
13.04
13.08
13.12
13.16
13.20
13.24
13.28
13.32
13.36
Title 13
STREETS, SIDEWALKS AND PUBLIC PLACES
Streets and Highways Generally
Public Right-of-Way Use Permits
Card Sound Road and Toll Bridge Facility
Tolls
Public Assembly Permits
Safe Neighborhood Improvement Districts
Airport Regulations
Parks and Beaches Generally
Specific County Parks
County Beach and Shore Preservation Districts
617
1 3 .04.0 1 0
Chapter ]3.04
STREETS AND HIGHWAYS GENERALLY
Sections:
13.04.0 J 0
13.04.020
13.04.030
13.04.040
Abandonment of rights-of-way.
Voluntary dedication for county roads.
Fishing from Card Sound Bridge prohibited.
Fishing from Tom's Harbor Channel County Bridge prohibited.
13.04.010 Abandonment of rights-of-way.
A. No dedicated and accepted right-of-way in the county can be abandoned where the right-of-way terminates on a
body of opf~n water.
B. In all other cases of abandonment~ no right-of-way can be abandoned unless there is an agreement to do so by all
affected property owners. For purposes of this subsection~ an affected property owner is the owner of property which~ if the
right-of-way is abandoned~ will:
I. Have access which is currently used by that property owner eliminated~
2. Have the only platted access eliminated~
3. Have the paved area adjacent to that property increased for turn-around purposes~ or
4. Be increased in size.
C. The county commission considers these a restriction on the rights of individuals who desire to abandon properties
in accordance with F.S. ~ 336.09. (Prior code ~ 16-))
13.04.020 Voluntary dedication for county roads.
Where a dedication is made of private property for a county road and accepted by the county ~ the property so dedicated
shall be takc~n into account by the proper county authorities and credited to the dedicating property owner for the purpose of
computing density and/or area when and if the property owner applies for an improvement permit for the property. (Prior
code ~ ) 6-2)
13.04.030 Fishing from Card Sound Bridge prohibited.
A. Thf~re shall be no fishing froln the Card Sound Bridge in Monroe County~ Florida.
B. Any person convicted of a violation of this section shall be penalized in accordance with Section 1.16.0) 0 of the
Monroe County Code. Enforcement of this section may be made by any appropriate enforcement officer of Monroe County~
the state of Florida~ or other agency so empowered. (Prior code ~ 16-3)
13.04.040 Fishing from Tom's Harbor Channel County Bridge prohibited.
A. Fishing by pedestrians is prohibited from or on any portion ofTom~s Harbor Channel County Bridge.
B. The~ county public works director is instructed to have traffic control devices posted on the approach to Tom~s Har-
bor Channel County Bridge and on the bridge itselfwaming of the fishing prohibition.
C. 1. Violations of this section are noncriminal traffic infractions subject to the enforcement provisions of F.S.
~ 3 18. 14( ) )--(6).
2. The penalty for a violation of this section is that established by F.S. 9 318.l8( 1) for the violation of pedestrian regu-
lations (fifteen dollar ($15.00) fine).
3. This section may be enforced by any law enforcement officer with authority to arrest persons for the violation of
statutes or ordinances regulating traffic or by traffic enforcement officers employed by the county sheriff~ who may also
issue citations for any violations. (Prior code 9 ) 6-5)
619
13.08.010
Sections:
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
13.08.060
13.08.070
13.08.080
13.08.090
13.08.100
13.08.110
13.08.120
13.08.130
13.08.140
13.08.150
13.08.160
13.08.170
13.08.180
13.08.190
Chapter 13.08
PUBLIC RIGHT-OF-WAY USE PERMITS
Short title.
Purpose and intent.
Permit req uired.
Exemptions.
Permit review by the county public works director.
Definitions.
Public and private utility-Special provisions and general permits.
New utility construction in the county right-of-way of Loop Road, Mainland, Monroe
County.
Application procedures.
Insurance and bonding.
General provisions.
Access driveways.
Construction standards and specifications.
Fees.
Relocation upon notice by the public works director.
Emergency repairs.
Appeals.
Time limits.
Restoration and penalty.
13.08.010 Short title.
This chapter shall be designated and may be cited as the ""Monroe County Public Right-of-Way Use Pennit Requirement
and Fee Schedule Ordinance.~~ (Prior code ~ 16-16)
13.08.020 Purpose and intent.
The purpose and intent of this chapter is to provide standards and procedures and a fee schedule for permitting the use of
county public rights-of-way in order to preserve the function of each street and highway~ provide for smooth~ logical traffic
flow pattems~ require the application and safe standards~ procedures and principles~ provide for environmental compatibil-
ity~ provide for stonnwater management~ and provide for adoption of technical standards and specifications as contained in
the public works manual. (Prior code ~ 16-17)
13.08.030 Permit req uired.
County public right-of-way use permits shall be required for all roads and streets to be constructed or improved in exist-
ing rights-of-way~ and all roads and streets which are to be dedicated to the county~ all construction or installation or Inain-
tenance of any public or private utility as provided for in Section 13 .08.070~ and any structure~ driveway~ culvert~ pavement
or object in the right-of-way or easement~ other than those constructed or maintained by the county~ within rights-of-way of
the county road system as defined in F.S. ~ 334.03. Construction or installation within county-owned canals and county-
owned waterways will likewise require a permit. A permit from the Florida Departlnent of Transportation is required for the
construction of accessways to or construction with the rights-of-way of any part of the state highway systelTI as defined in
F.S. S 334.03. (Prior code S 16-18)
620
13.08.040
13.08.040 Exemptions.
No right-of-way use permit shall be required for the following:
A. Construction of public or private utilities in subdivisions in accordance with engineering drawings and specifica-
tions approved by the county and prepared in accordance with the land development regulations where such construction
will be cOITlpleted prior to acceptance of roads by the county~
B. The installation, maintenance and repair of physical plant by public or private utilities except as provided for in
Section 13.08.070. (Prior code ~ 16-19)
13.08.050 Permit review by the county public works director.
The board of county cOlnlnissioners authorizes and elnpowers the public works director or his or her duly authorized
representative to receive and review permit applications, collect fees and issue permits in a timely Inanner allowing the
permittee to enter onto the public rights-of-way within the county road system to perform specified construction or installa-
tion. No work may be performed in county rights-of-way or easements., except as noted in Sections 13.08.040, 13.08.070
and 13.08.090 until plans have been submitted in confonnance with Section 13.08.090 and a county public right-of-way use
pennit has been issued by the public works director. (Prior code ~ 16-20)
13.08.060 Definitions.
As used in this chapter, the following terms shall be defined as set forth hereinafter:
..~ Arteriai[ road'" means a road carrying a higher volume of traffic than a local or collector road, which is used primarily
for traffic traveling a considerable distance and as otherwise defined in F .S. ~ 334.03( I). An arterial road is generally con-
tinuous and is used as a main traffic artery.
"~Collector road" means a road which carries traffic froln local roads to major thoroughfares and includes the principal
entrance roads of a residential subdivision and as otherwise defined in F.S. ~ 334.03(4).
"~County road system" shall be as defined in F.S. ~~ 336.01 and 334.03(8).
"Governmental or subgovernmental agencies" means the state of Florida and its various agencies and departments, the
United States of America and its various agencies and departments, political subdivisions of the state of Florida, including
counties, in(~orporated municipalities of the state of Florida, drainage districts, and such taxing districts and special agencies
and bodies as are created by county ordinances., Florida statute or by special act of the legislature, and as otherwise defined
in F.S. ~ 334.03( 12).
"~Local road" Ineans a road designed and maintained primarily to provide access to abutting property, and as otherwise
defined in F.S. ~ 33403( 15). A local road is of limited continuity and not for through traffic.
"~Pennif" means the written permission of the board of county comlnissioners through the office of the county public
works director to enter onto the public rights-of-way within the county road system to perform the construction or installa-
tion as specified in that instrulnent.
~~Pennittee" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal unit
commencing proceedings under this chapter or obtaining a pennit as provided herein to effect construction within the public
rights-of-way of the county.
"~Public rights-of-way" Ineans land that is dedicated or deeded to (or is now used or will be used by) the county as a road,
street., alley., walkway, drainage facility, access for ingress and egress, or for other purposes, including those rights-of-way
within municipalities which by virtue of bilateral agreements between the municipality and the county are subject to the
jurisdiction and control of the county public works department~ and those state secondary roads for which maintenance has
been assigned to and accepted by the county. Until such time as the board of county commissioners accepts ownership and
responsibility for the maintenance of a right-of-way, it shall not be considered part of the public rights-of-way for the pur-
poses of this chapter except in cases where the title to such right-of-way was vested in the county prior to June II, 1963.
~~Public or private utility" includes any pipeline, gas, electric, heat, water, oil, sewer, telephone, telegraph, radio., cable
television., transportation, cOlnmunication or other systeln by whomsoever owned and operated for public use, including but
not limited to the Florida Keys Aqueduct Authority, BellSouth, Keys Energy System, The Florida Keys Electric Coopera-
tive Association, Inc. and/or their successors, affiliates, subsidiaries or assigns.
""Public ~vorks manual" means the current edition of the "Monroe County Public Works Manual., Parts] and 2."
"~Road" shall be as defined in F.S. S 334.03(23). (Ord. 022-2004 ~ 29: prior code ~ 16-21)
621
13.08.070
13.08.070 Public and private utility-Special provisions and general permits.
All public and private utilities~ as defined by Section 13.08.080~ are granted a general and continuing permit to perfonn
Inaintenance and elnergency repairs as Inay be required to Inaintain their service~ without the issuance of a formal permit or
the payment ofa fee~ except as provided for in subsection A of this section~ and subject~ however~ to the notice requirements
of subsection C of this section.
A. A formal pennit will be required by a public or private utility without the payment of a fee when:
1. Installation or repair of a service will cause dalnage to an existing roadway or disrupt a previously pennitted or
grandfathered driveway access or other pennitted feature in the county right-of-way~
2. In cases where an elnergency repair causes dalnage to an existing roadway~ an after-the-fact permit will be issued
the next business day. See Section 13.08.160.
B. Any work other than installation of a wooden or concrete pole and overhead wires that a utility proposes to aCCOln-
plish in the county right-of-way that will be accomplished within six feet of an existing roadway or any other previously
permitted features within the county right-of-way will be brought to the attention of the director of public works~ or his or
her designated representative~ for a determination as to possible affect on the roadway or other pennitted features and
whether the issuance of a permit is required.
C. A pennit will not be required when a public or private utility will perform work in the county right-of-way that will
not cause dalnage to any county-owned or pennitted feature within the right-of-way~ provided~ however~ that the public
works departlnent is duly noticed in writing by the public or private utility that such work will be in progress and when
completion is anticipated.
D. Request for permits as prescribed by subsection A of this section with the exception of an emergency repair pennit
(see subsection E of this section) will be as prescribed by the Section 13.08.090 application procedures of this chapter. No
fee will be required. Insurance and bonding requirements as outlined in Section 13.08.100 are waived for a public or private
utility~ however~ a subcontractor for a public or private utility shall be required to obtain such insurance and bonding~ and
the public or private utility shall sublnit evidence of such insurance and bonding to the director of public works or his or her
representative prior to the commencement of work by a subcontractor.
E. Emergency repair ofa utility as prescribed by subsection (A)(2) of this section may be accomplished immediately
and a permit request in a written form outlining the type of work to be done~ and the location may be obtained the next busi-
ness day froIn the director of public works or his or her designated representative.
F. It is not the intent of this section to restrict a public or private utility in any way froIn performing their service to the
public as required and regulated by the public service cOlnlnission or the applicable Florida Statutes. Local government enti-
ties have statutory authority to issue permits and prescribe and enforce reasonable rules or regulations pertaining to the use
of those right-of-ways under their jurisdictional control. Public or private utilities granted the right to use the right-of-way
have a duty and the county required that they restore a public road or public right-of-way to its original condition at the pu-
bic or private utility~ s expense when such facility is daInaged in the course of installing~ repairing or Inaintaining physical
plant by that utility.
G. The physical plant of any public or private utility heretofore or hereafter place upon~ over or along any public road
that is found by the county to be unreasonably interfering in any way with the convenient~ safe~ or continuous use or main-
tenance~ improvement extension or expansion of such public road shall~ upon thirty (30) days~ written notice to the public
or private utility or its agent by the board of county comIllissioners~ be reIlloved or relocated by such public or private utility
at its own expense.
H. Construction standards and specifications as outlined in Section 16.08.130 shall be incorporated into all work ac-
complished for a public or private utility by its own personnel or contracted out to county or state licensed contractors. A
concrete slab is not required when repairing roadways~ however~ the utility will assure and certifY to the county that the base
being installed as a result of excavation within a right-of-way conforllls to county standards and has been compacted to a
density not less than ninety-eight (98) percent of density as determined by the AASHTO Test Method T -180. (Ord. 022-
2004 ~ 30~ prior code * 16-21.1)
13.08.080 New utility construction in the county right-of-way of Loop Road, Mainland, Monroe County.
A utility undertaking new construction work to be located in the Loop Road right-of-way must first obtain the pennits
required by the county departlnent of environmental resources~ and the state and federal agencies with jurisdiction over the
wetlands or sublnerged land before beginning the construction~ or a letter of no objection from the county departlnent of
622
13.08.090
environmental resources and the agencies. Any utility structures that are built in violation of this section must be removed
and the site restored to its original condition unless the county departlnent of environmental resources and the state or fed-
eral agencies with wetland or submerged land jurisdiction direct otherwise. (Prior code S 16-2 I .2)
13.08.090 Application procedures.
A. Alii applications for county public right-of-way use permits, accolnpanied by the appropriate fee, and including four
sketches, plans or drawings of the proposed construction or alteration, shall be submitted to the county public works direc-
tor. All construction within county public rights-of-way shall confonn to and meet the technical standards and specifications
of the county as contained in the doculnent entitled, "Public Works Manual: Standard Specifications and Details," and/or
land development regulations, as applicable. Applications for access to or construction within state road rights-of-way shall
be sublnitted to the Florida Department of Transportation.
B. All applications for county public right-of-way use permits submitted by the owner or permittee, his or her engi-
neers or legal representative, shall contain the following:
1. Name, address, including zip code, and telephone nUlnber of the owner and permittee, and his or her or their engi-
neers;
2. Name, address, including zip code, and telephone number of the applicant's authorized agent for pennit application
coordination, together with proof of authorization;
3. General description of the proposed project, its purpose and intended use, including a description of the nature and
type of construction; composition, etc; date when the activity is proposed to comlnence and approximate date when the pro-
posed activity will be cOlnpleted, including legal description, or street address and approximate nearest mile marker and
key; and an explanation or detailing of any additional information reasonably required by the public works director, includ-
ing, as applicable, survey drawings, aerial photographs, topographic maps, soil percolation test, etc.;
4. Four copies of sketches, plans or drawings of the proposed construction or alterations showing project location;
location within the right-of-way; and typical cross-sections of topographical and drainage details showing existing utilities,
underdrains, culverts, headwalls, driveways or any other existing structures, if affected by the activity, together with all pro-
posed structures, modifications and activities when deemed necessary by the public works departlnent. All drainage struc-
tures shall be constructed in accordance with the county public works manual. The drawings shall be drawn to scale, or oth-
erwise prepared so as to reasonably depict the activity and shall show a north arrow for orientation. (Prior code ~ 16-22)
13.08.100 Insurance and bonding.
A. Insurance. Unless specifically waived by the board of county commissioners, or the county public works director,
the permit shall not be effective for any purpose whatsoever until the applicant, or his or her designated representative, de-
livers to the county public works director a certificate of general liability insurance and automobile liability insurance with
combined single liInits of liability of no less than three hundred thousand dollars ($300,000.00) for bodily injury and prop-
erty damage coverage equal to or in excess of the following limits: three hundred thousand dollars ($300,000.00) combined
single limit for property damage and/or bodily injury. The certificate of insurance shall nalne the county as an additional
insured, shall be effective for all periods of work covered by this use permit, and shall be in a form acceptable to the county
public works director. A statement of insurance from a self-insured entity may be accepted as a substitute.
B. Bonding. An executed right-of-way bond or other form of surety acceptable to the public works director may, at the
discretion of the public works director, be required in an amount equal to one hundred ten (110) percent of the estitnated
cost of construction. The bond shall be in effect for a period of not less than thirty (30) days and not more than ninety (90)
days after final inspection and acceptance of work by the public works department. A letter guaranteeing performance of
work may be deemed acceptable in lieu of a bond. All restoration shall leave the right-of-way or easement in a condition
which is as good as or better than that which existed prior to construction. (Prior code S 16-23)
13.08.110 General provisions.
A. Where any county road or right-of-way is damaged or ilnpaired in any way because of construction, installation,
inspection or repair work by any permittee pursuant to this chapter, the pennittee shall, at his or her own expense, promptly
restore the road or right-of-way as nearly as possible to its original condition before such damage. If the permittee fails to
Inake such n~storation, the county is authorized to do so and charge the cost thereof against the permittee in accordance with
general provisions of law.
623
13.08.120
B. The applicant shall declare that all existing aerial and underground utilities will be located and the appropriate utili-
ties notified of the proposed work.
C. The applicant receiving a permit shalllnake all necessary provisions for the accomlnodation and convenience of
traffic and shall take such safety measures~ including the placing and display of caution signs and signals as required by
applicable provisions of the current edition of the Florida Departlnent of Transportation Manual on Unifonn Traffic Control
Devices for Streets and Highways. The applicant shall further prevent obstructions or conditions which are or Inay becolne
dangerous to the traveling public. The authority to telnporarily close off a street or easement in its entirety rests entirely with
the board of county commissioners.
D. The applicant shall notify in writing the sheriffs department and the concerned alnbulance and fife districts prior to
any street closing (when approved by the board of county cOlnlnissioners).
E. Fire hydrants shall be left accessible at all tilnes.
F. All pennitted work will be subject to inspection by the county public works department.
G. Existing utility service shall not be disrupted without specific authority of the concerned utility and public notifica-
tion by newspapers or the airways~ that the disruption will occur. Repairs determined to be of an elnergency nature are not
subject to the notification procedure. (Prior code ~ 16-24)
13.08.120 Access driveways.
A. Request to install single-family residential driveway accesses shall be sublnitted indicating the street address~ lot
and block number~ a description of the nature of the construction (size)~ and the alnount of intrusion into the county right-of-
way. No insurance or bonding is required.
B. Access driveways onto rights-of-way shall be limited to the least possible number required to adequately serve the
intended use and shall conform to all applicable traffic safety standards. Prior to installation within county rights-of-way ~
the application shall be reviewed by the public works director regarding any effects on sidewalks~ ditches. swales~ curbs or
other facilities located within rights-of-way or easements. Once a permit is issued~ all construction and improvements shall
be subject to inspection by the public works department. (Prior code ~ 16-25)
13.08.130 Construction standards and specifications.
All construction~ repairs and/or restorations within county public rights-of-way and easelnents shall conform to the tech-
nical standards and specifications as contained in the 1995 edition of the Monroe County Public Works Manual~ which
manual is adopted pursuant hereto and~ by reference~ incorporated herein. Revisions to the 1995 Monroe County Public
Works Manual may be adopted by the county commission by resolution. (Prior code S 16-26)
13.08.140 Fees.
A. The board of county cOlnmissioners establishes reasonable application and pennit fees to be charged by the public
works department for activities permitted hereunder.
B. The following fee schedule shall be applied to all construction or installation upon or within the public rights-of-
way ~ except in the following instances:
1. Where the construction performed is for the benefit of a governmental or subgovemmental agency and applicable
fees are specifically waived on an individual project-by-project basis by the director of public works~
2. Where the permittee is under contract to deliver the constructed project over to a governmental agency upon cOln-
pletion of the project and the director of public works has waived applicable fees for such project consistent with subdivi-
sion I of this subsection~
3. Where the right-of-way lies within the corporate boundaries ofa municipality and the municipality charges a pennit
fee for inspection of the same construction or installation work~
4. Work performed by a public or private utility as outlined in Section 13.08.070.
c. The pennit fees designated hereinafter shall be payable upon issuance of the construction pennit in an amount de-
termined by the public works director pursuant to the following schedule. In the event a construction permit is denied~ only
the application fee shall be payable.
D. The public works department shall charge and collect fees for the itelns and rates listed in the following schedules:
624
13.08.140
I. Application Fee. A nonrefundable processing fee often dollars ($10.00) shall accompany all county public right-of-
way use permit applications. If the permit application is approved~ the application fee will be applied to the pennit fees as
detailed under subsection (0)(2) of this section.
2. Pennit Fees. Fees for public works construction. under pennit issued by the public works department~ in canal~ road
and street rights-of-way and easements in the unincorporated area of the county and in the rights-of-way of canals~ roads
and streets located within municipalities that are maintained by the county are fixed as follows:
a. For installation or repair of sanitary and storm sewers~ waterlines~ gas lines~ and other
undereround utilities:
For 100 lineal feet or less $ 14.00
For each additional 100 lineal feet or fraction thereof 6.25
b. For French drains~ consisting of catch basin and seepage trench or slab covered trench:
For the installation consisting of I or 2 catch basins~ and seepage trench or soakage pit of 12.50
lengths not to exceed 100 lineal feet
c. For construction or replacement of sidewalks~ curb and gutter:
F or 100 lineal feet or less 12.50
For each additional 100 lineal feet or fraction thereof 6.25
d. For construction of driveways:
For driveway width of20 feet or less I 0.00
For driveway width greater than 20 feet but less than 40 feet (each driveway) I 5.00
For driveway width greater than 40 feet (each driveway) 20.00
e. For construction of street pavements:
i. I-lane or 2-lane pavements (width of pavement 0 to 24 feet):
For 100 lineal feet or less 25.00
For each additional 100 lineal feet or fraction thereof 10.00
ii. 3 or more lanes of pavement (aggregate width greater than 24 feet):
For 100 lineal feet or less 50.00
For each additional 100 lineal feet or fraction thereof 25.00
f. For paving of parkways and shoulders:
For 100 lineal feet or less 25.00
For each additional 100 lineal feet or fraction thereof 12.50
g. For construction of curb separators:
For 100 I ineal feet or less 12.50
For ~~ach additional 100 lineal feet or fraction thereof 5.00
h. For construction of bridges:
F or bridge roadway area of 1000 square feet or less 100.00
For each additional 100 square feet 25.00
i. For installation of permanent-type traffic barricades~ guardrails and guide posts:
For each additional 100 square feet 12.50
j. For construction of street or driveway culvert crossing of canals and drainage ditches (not
controlled by OER):
F or each lineal foot pipe~ per foot of pipe diameter or fraction thereof 1.00
A permit fee for a multiple-pipe culvert shall be determine by regarding the aggregate lengths
as one continuous pipe.
3. Penalty Fees.
a. When work for which permit is required is comlnenced prior to obtaining a permit~ a penalty fee will be imposed. If
the applicant can show that failure to apply for a permit is based on a good-faith belief that the construction is not affecting
the county right-of-way~ the penalty fee may be waived at the discretion of the public works director~ provided~ however~
that violators promptly apply for a permit and pay all applicable fees.
625
13.08.150
b. The penalty fee will be twenty-five dollars ($25.00) plus double the original permit fee.
c. The payment of such penalty fee shall not relieve any person~ finn or corporation froln fully cOlnplying with all of
the requirements of all applicable regulations and codes~ nor shall it relieve theln froln being subject to any of the penalties
therein. (Prior code ~ 16-27)
13.08.150 Relocation upon notice by the public works director.
All permission granted for construction under this chapter does not constitute and shall not be construed as permitting a
permanent installation within any public right-of-way. Any facility permitted within the public right-of-way shall be relo-
cated or reconstructed by the owner at his or her sole cost and expense when in irreconcilable conflict with any construction~
reconstruction~ or any project perfonned by the county or its authorized representative~ which is deemed to be in the interest
of the general public within thirty (30) days of the request. It shall be the responsibility of the public works director to pro-
vide notice to the affected permittees at the earliest possible titne prior thereto of any such contlicts~ whether actual~ possible
or planned. Where the owner requests additional tilne up to a maximum of one hundred eighty (180) days, this may be
granted by the office of the public works director upon receipt of a letter stating adequate grounds to support the owner~s
position that additional tilne is necessary to cOlnplete the relocation. If the extension of time requested by the owner is de-
nied by the publ ic works director or an extension in excess of one hundred eighty (180) days is desired by the owner~ the
owner may' appeal to the board of county commissioners by written request~ and the time for relocation shall be stayed while
the appeal is pending. Where the county has requested a relocation, permits will be required to approve the new sites of the
utility facility ~ but pennit fees shall be waived. Utility placelnents and relocations shall be governed as provided by general
law. (Ord. 022-2004 ~ 31 : prior code ~ 16-28)
13.08.160 Emergency repairs.
In the event of an emergency requiring repairs by utility companies to SOlne portion of their facilities~ nothing in this
chapter shall be deemed to prohibit the making of such repairs~ however, emergency repairs shall be reported to the county
public works director the next business day as provided for in Section 13.08.070. Traffic safety measures lnust be itnple-
lnented by the utility. Work performed as a result of such emergency repairs lnay continue pending the granting of an after-
the-fact permit. (Prior code ~ 16-29)
13.08.170 Appeals.
Any party clailning to be aggrieved by a decision of the public works director may appeal to the board of county com-
missioners by filing a written notice of appeal with the public works director within thirty (30) days of the date of denial.
(Prior code ~ 16-30)
13.08.180 Time Ii m its.
A. Within seven days after receipt of an application for a permit under this chapter~ the director of public works shall
review the application and shall request submittal of any additional information the director is permitted by law to require. If
the applicant believes any request for additional information is not authorized by law or departmental rule~ the applicant
may file an appeal to the board of county commissioners pursuant to Section 13.08.070. Within fifteen (15) days after re-
ceipt of such additional information, the director shall review it and may request only that information needed to clarify
such additional information or to answer new questions raised by or directly related to such additional information. I f the
applicant believes the request of the director for such additional information is not authorized by law or department rule~ the
department~ at the applicant's request~ shall proceed to process the pennit application. Permits shall be approved or denied
within thirty (30) days after receipt of the original application~ the last item of timely requested additionallnateriaL or the
applicant's written request to begin processing the permit application. If the application is not approved or denied in writing
within thirty (30) days~ it shall be deemed approved. Applications for permits lnay be denied solely on the basis of actual
and irreconcilable contlict of the proposed work with provisions of the public works manual. Any denial of an application
lnust state the specific basis upon which the denial is based. The permit shall be considered valid for six months beginning
on the date of issuance unless the commencelnent date shall be beyond such time. Ifwork does not commence by the end of
this period, the pennit shall be considered void and reapplication will be necessary. Work must be completed by the
completion date indicated on the application unless the permit is extended upon request to the department of public works
with an explanation of the basis for such request.
626
1 3 .08. 1 90
B. A request may be made to the director of public works with the filing of an application for expedited review and
processing~ and provided that all information required as described in subsection A of this section is sublnitted with the ap-
plication~ the director shall make a reasonable effort to view and process the same within five days after receipt. (Prior code
~ 16-31)
13.08.190 Restoration and penalty.
No person shall use county rights-of-way or easements for any purpose for which a permit is required by this chapter
without first obtaining a permit therefor unless such use is existing upon the effective date hereof or unless otherwise au-
thorized by law. In the event county rights-of-way or easelnents are used and/or construction takes place without a pennit~
upon written notice by the public works director, the person shall apply for an after-the- fact pennit and pay all fees and pen-
alties therefor and shall restore the area to its original condition and cease any nonpermitted use except as noted in Section
13.08.140{(:). Failure to so respond shall be punishable as provided for in F.S. ~ 125.69, 1983. (Prior code S 16-32)
627
13.12.010
Chapter 13.12
CARD SOUND ROAD AND TOLL BRIDGE FACILITY TOLLS
Sections:
13.12.010
13.12.020
13.12.030
13.12.040
Described.
Toll schedule.
Use of revenue.
Use of other funds.
13.12.010 Described.
The Card Sound Road and Toll Bridge Facility Ineans the Card Sound Bridge and Card Sound Road extending froln the
Dade County line to the intersection of County Road C-905 and Ocean to Bay Road (SR-905A) and more particularly de-
scribed as:
That portion of Card Sound Road~ lying in Monroe County~ Florida~ according to the right-of-way map of
""Card Sound Road and Bridge Project~~ prepared by Post~ Buckley~ Schuh & Jemigan~ Inc.~ dated September 1967~
last revised May 2~ 1969~ Job No. 67-603~ froln said west line of Section 27~ Township 59 South~ Range 40 East'\
Monroe County~ Florida~ westerly to the Monroe County/Dade County line~
Together with:
That portion of Card Sound Road~ also known as ""Ocean to Bay Road~~~ and State Road S-905A~ according to
the state ofFlorida~ State Road Department right-of-way map of"~State Road S-905A~ Section 90505-2608~~ dated
February 27~ 1967'\ froln the intersection of said County Road C-905 (State Road S-905)~ westerly to the west line
of said Section 27 ~ Township 59 South~ Range 40 East~ Monroe County ~ Florida~
Together with:
That portion of County Road C-905~ formerly State Road S-905 according to the state ofFlorida~ State Road
Departlnent right-of-way map of"~State Road No. 905,\ Section 90520-2601" dated April 1964~ last revised May
31'\ 1978,\ froln the above-described Card Sound Road (Ocean to Bay Road~ State Road S-905A)'\ northerly to
Ocean Reef Club,\ Key Largo~ Monroe County'\ Florida.
(Prior code ~ 16-4(a))
13.12.020 Toll schedule.
A. The following toll schedule is established for travel through the Card Sound Road and Toll Bridge Facility:
2-axle vehicle $1 .00
3-axle vehicle l.50
4-axle vehicle 2.00
5-axle vehicle 2.50
6-axle vehicle 3.00
Each additional vehicle 0.50
B. A charge of forty cents ($0.40) per axle shall be made for COlnmuter tickets for the use of Card Sound Road and
Toll Bridge Facility according to the written procedure established by the director of public works. Provided~ however'\ that
persons who purchase a book of four hundred (400) cOlnlnuted tickets shall pay twenty-five cents ($0.25) per axle (one
hundred dollars ($100.00) per book).
C. All revenue collected pursuant to this chapter shall be deposited in the Card Sound Road and Toll Bridge Facility
enterprise fund created by Resolution No. 54A-1967 ~ which fund is continued and the amount therein carried forward under
this section notwithstanding the repeal of Resolution No. 54A-1967.
D. No persons are permitted to use the Card Sound Road and Toll Bridge Facility without payment oftolls~ except:
1. Employees of the county on official business including school buses and toll collectors arriving/leaving work~
2. Elnergency vehicles on official business including fire rescue personnel and medical rescue personnel~
628
13.12.030
3. Law enforcelnent personnel on official business including the Florida Highway Patrol~ Monroe County Sheriffs
Departmen1t~ Florida Marine Patrol~ Florida Fish and Game Officers~ U.S. Custolns agents~ U.S. Secret Service~ F.B.I.
Agents~ U.S. Border Patrol and D.O.T. weight compliance vehicles;
4. Military personnel on official business~
5. National guard when presenting official toll ticket~ Florida Department of Environ In ental Protection Enforcement
Officers:
6. U.S. Coast Guard buoyage maintenance and boat trailers~
7. Vehicles displaying a special D.O.T. handicapped sticker on the windshield specifying toll-free passage or any
handicapped person complying with the requirements of Florida Statute Section 338.1553;
8. Heirs of John of Viola Gautier (requirelnent of deed covenant when road property was obtained)~
9. When traffic on u.S. I is detoured and reimbursement will be Inade by the Florida Department of Transportation;
10. When the board of county cOlnlnissioners authorizes a toll waiver;
II. Agents of the county working on or delivering supplies to the Card Sound Road and Toll Bridge Facility including
contractors and their employees. (Ord. 002-2004 S 1 ~ prior code S 16-4(b))
13.12.030 Use of revenue.
The revenue collected under this chapter may only be expended for the operation~ maintenance or improvement of the
Card Sound Road and Toll Bridge Facility and for deposit in any reserve or sinking fund for the facility as may be required
by generally accepted accounting principles. (Prior code S 16-4(c))
13.12.040 Use of other funds.
Nothing in this chapter shall be construed as providing the exclusive funding mechanisnl for the Card Sound Road and
Toll Bridge Facility~ and any other lawfully available revenues may be expended on the facility at the discretion of the
board of county commissioners. (Prior code S 16-4(d))
629
13.16.010
Sections:
13.16.010
13.16.020
13.16.030
13.16.040
13.16.050
13.16.060
13.16.070
13.16.080
13.16.090
13.16.100
13.16.110
Chapter 13.16
PUBLIC ASSEMBLY PERMITS
Definitions.
Public assembly permit required.
Application for a public assembly permit.
Grant of a permit.
Criteria for imposing conditions on the permit.
Denial of a permit.
Noise permit-Alcoholic beverages.
Modification of permit terms and revocation of a permit.
Planning director's decision is final administrative action.
Conduct under a permit not a violation of other county ordinances.
Violations.
13.16.010 Definitions.
~~Flea market" means a market~ out of doors or prilnarily out of doors~ where new or used items are sold from individual
locations~ with each location being operated independently from the other locations. Items sold typically include~ but are not
lilnited to~ antiques~ consumer goods~ used goods~ rare items~ decorations~ used books and used magazines.
~~Peflnit'~ Ineans a written statement issued by the planning director authorizing the holding of a public assembly under-
stated conditions.
~'Person~~ Ineans an individual~ corporation~ business trust~ estate~ trust~ partnership or association, or any other legal en-
tity.
~~Planning director'~ means the individual so designated by the board of county commissioners or his or her designee.
~~Public assembly" Ineans an outdoor gathering in temporary structures, such as tents, of individuals which may be at-
tended by members of the general public~ with or without an adlnission charge. when the anticipated daily attendance is
expected to exceed two hundred fifty (250) persons a day and which occurs on more than one day per calendar month~ in-
cluding flea markets, but excluding:
1. Events or functions~ put on by any government agency including athletic events on athletic fields~ or
2. Camping activities conducted by charitable organizations devoted to serving young people.
~"Public place" Ineans:
I. A place with respect to which the state, county or federal government normally has authority to control or prohibit
use by the general public~ or
2. A place with respect to which a private person pennits use by the general public. (Prior code ~ 10.5-16)
13.16.020 Public assembly permit required.
No person may hold a public assembly unless a perInit has first been obtained from the planning director. (Prior code
~ 10.5-17)
13.16.030 Application for a public assembly permit.
A. An application for a permit to hold a public asselnbly must be filed with the planning director at least nine days
before the day on which the public asselnbly is to be held. However~ if the public asselnbly is to be held within nine days
after a specific and unanticipated event or announcement of public importance and in response to it, the application may be
filed within twenty-four (24) hours after the event or announcement and at least thirty-six (36) hours before the public as-
sembly is to be held. The planning director may also receive and act on an application even though the application was not
filed in time if necessary to preserve the First Amendment rights of an applicant.
B. The application for a pennit to hold a public assembly must be in writing and signed by an individual authorized to
act for the person sponsoring the public assembly. The application must state:
1. The dates and hours the public assembly is to be held~
630
1 3. 1 6.040
2. The name~ residence address~ and telephone nUlnber of the applicant~ the principal officers of the applicant~ the in-
dividual making the application~ and any other individual authorized to represent the applicant in applying for the permit~
3. The designated place where the asselnbly is to be held;
4. The dates when the public asselnbly is to be held and the anticipated daily hours of operation~
5. That the requested use by the applicant of the designated place has been granted by the person or government hav-
ing the authority to grant the use of that place (in the case of county-owned property the grant of the permit is permission to
use the plac:e)~
6. Thte estimated number of persons expected to participate in or attend the public assembly;
7. Thle general nature of the public assembly and the arrangements made to protect the public health and safety during
the conduct of the public asselnbly~ including arrangements with respect to traffic direction and control~ crowd control and
sanitation filcilities~
8. Any additional information the applicant wishes to furnish.
c. Upon the receipt of an application for a permit to hold a public assembly~ the planning director must note the tilne
of filing on the application.
D. At the request of the planning director~ the individual authorized to represent the applicant~ the county sheriff or his
or her designee~ the building official~ the fire marshal~ and a representative of the county health department must Ineet with
the planning director to negotiate mutually satisfactory conditions under which the public assembly may be held to avoid
substantial harm to the public health or safety and to minimize or to avoid substantial harm to or ilnpainnent of the normal
use of a public place or to avoid substantial harm to the environment.
E. The planning director Inust:
1. Issue the public assembly permit on the terms requested~
2. Issue the permit subject to conditions~ or
3. Deny the permit.
The planning director must give the applicant itnmediate notice in writing of his or her action on the application. The
planning director is deelned to have granted the permit on the terms requested if in the case of a permit applied for at least
nine days b{~fore the date of the public assembly~ the planning director fails to issue a permit or a written denial four days
before the scheduled date of the public assembly~ or~ in the case of a permit applied for eight days or less before the date of
the public assembly~ the planning director fails to issue a permit or a denial twenty-four (24) hours before the scheduled date
of the public asselnbly. (Prior code S 10.5-18)
13.16.040 Grant of a permit.
If there is not a reasonable likelihood that the public assembly will substantially harm the public health or safety or the
environment or substantially impair the normal use of a public place~ then the planning director must grant the pennit on the
terms requested. (Prior code S 10.5-19)
13.16.050 Criteria for imposing conditions on the permit.
If there is a reasonable likelihood that a public assembly will substantially harm the public health or safety or environ-
ment or substantially harm~ or impair the normal use of a public place~ then the planning director may grant the pennit only
upon conditions reasonably necessary to avoid substantial harm to the public health or safety or environment and to mini-
mize the eft(~ct of~ or avoid~ the substantial impairment of the normal use of a public place. These conditions may include
designating a different time and place; restricting the daily hours and duration of the public assembly~ requiring the installa-
tion of temporary sanitation facilities~ requiring the provision of elnergency medical or fire services~ requiring the applicant
to establish crowd and traffic control procedures~ requiring the presence of law enforcelnent officers~ requiring restoration
of the public assembly location to its preassembly condition; and requiring the applicant to designate individuals in charge
to facilitate dealing with any emergencies that may arise. If there is an admission charge or if goods or services are sold or
donations solicited in exchange for goods or services~ then the planning director Inay require the person holding the public
assembly to reimburse the county for the cost of any additional law enforcement officers~ emergency medical personnet and
firefighters~ to restore the public assembly location to its preassembly condition~ and to furnish a bond~ in a form satisfac-
tory to the county attorney ~ to insure reimbursement and restoration. In determining whether to grant a permit only upon
cOlnpliance 'with conditions~ the planning director must consider whether:
A. A plermit has been granted to others to hold a public assembly at the same time in the same or nearby location~
631
13.16.060
B. Public sanitation facilities are adequate~
C. Noise~ litter~ the pollution of water or air~ or dalnage to the environment will be caused by the public asselnbly~
D. Traffic generated by the public asselnbly will affect normal traffic movement~
E. The tilne and place are suitable in view of the nUlnber of persons expected to attend~
F. Food~ water~ and emergency lnedical and fire services are accessible to the public assembly~
G. Temporary structures such as tents or stages are anticipated~
H. There is sufficient time to permit law enforcement~ fire and elnergency lnedical officers to lnake the necessary ar-
rangements to avoid substantial harm to the public health and safety~
I. The public assembly will substantially impair the provision of fire and police protection and medical and other es-
sential services~
J. The public asselnbly will unreasonably interfere with the quiet enjoYlnent of a residential community:
K. There is an alternate available location that will reasonably serve the objectives of the public asselnbly if the re-
quested location will likely result in substantial hann to the public health or safety or environlnent or will cause substantial
hann to~ or impainnent of the nonnal use of~ a public place~
L. There is a special relationship between the subject of the public assembly and the location that makes it reasonable
to ilnpose extraordinary burdens on the individuals residing or present in nearby areas~ and
M. The imposition of conditions will materially interfere with the reasonable and lawful objectives of the public as-
selnbly. (Prior code ~ 10.5-20)
13.16.060 Denial of a permit.
If there is reasonable likelihood that a public asselnbly will substantially harm the public health or safety or the environ-
ment and the harm cannot be sutliciently lnitigated or avoided by the imposition of conditions~ then the planning director
lnust deny the pennit application and immediately infonn the applicant in writing stating the reasons for denial. (Prior code
~ 10.5-21)
13.16.070 Noise permit-Alcoholic beverages.
If the public assembly will require a noise permit or variance under Chapter 8.32~ then the applicant must obtain a noise
pennit or variance under the procedures set forth in that chapter. A public assembly permit does not authorize~ waive~ or
exempt a violation of Chapter 8.32. A public assembly pennit also does not constitute an authorization or permit for the sale
of alcoholic beverages. If the applicant wishes to sell alcoholic beverages at the public asselnbly~ he or she must obtain a
permit for such sales through the applicable provisions of the Monroe County Code. (Prior code S 10.5-22)
13.16.080 Modification of permit terms and revocation of a permit.
A. If there is a material change in the circumstances of the public assembly after a pennit is granted~ the applicant must
imlnediately infonn the planning director of the change.
B. By agreelnent with the applicant~ the planning director may at any time amend the terms of the permit to ilnpose
additional or different conditions. On the basis of material change in the circulnstances~ as either reported by the applicant
or determined by the planning director after investigation~ that present a reasonable likelihood that the public assembly will
substantially harm the public health or safety or the environment~ or will substantially itnpair the normal use of a public
place not covered by the permit~ the planning director may itnpose additional or different conditions to the extent authorized
by Section 13.16.050. If the applicant and the planning director cannot agree on the additional or modified conditions~ the
planning director lnay unilaterally amend the permit but such amendment is not effective until a written notice of the permit
amendment is furnished to the applicant.
C. If the change in circulnstances. as reported to or determined by the planning director~ is such that there is a reason-
able likelihood that the public assembly will substantially harm the public health or safety or the environlnent and that the
hann cannot be avoided by the ilnposition of additional or different conditions as authorized by Section 13 .16.050~ then the
planning director lnust revoke the permit and ilnmediately inform the applicant in writing of the revocation and the reasons
for it. (Prior code ~ 10.5-23)
6"'1
..).....
13.16.090
13.16.090 Planning director's decision is final administrative action.
All decisions Inade by the planning director regarding the issuance, issuance with conditions, denial, modification or
revocation, of a public asselnbly pennit constitute the final administrative action of the county. Prolnpt judicial review is as
provided by the Laws of Florida. (Prior code ~ 10.5-24)
13.16.100 Conduct under a perm it not a violation of other county ordinances.
Except as provided in Section 13.16.070, all actions and conduct at a public asselnbly pennitted by the terms ofa permit
are deemed not to violate any county ordinance or regulation, including the county'ls land developlnent regulations and
comprehensive plan. (Prior code ~ 10.5-25)
13.16.110 Violations.
Persons who knowingly cause, authorize or pennit a public assembly without a pennit or knowingly cause, authorize or
pennit a public asselnbly to take place not in confonnity with an issued permit, are in violation of this chapter. Violations
tnay be prosecuted in the same manner as misdemeanors are prosecuted. The violations Inay be prosecuted in the name of
the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and upon conviction shall be
punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty
(60) days or by both such fine and imprisonlnent. Violations of this chapter may also be prosecuted through the issuance of
citations as authorized by F.S. ~ 125.69(2) and Chapter 76-435, Laws of Florida, or through proceedings initiated before the
county codt~ enforcement special master. Nothing in this section Inay be construed to prevent the county [roln seeking to
enjoin violations of this chapter, or seeking damages for injuries caused by violations of this chapter, in a court of cOlnpe-
tent jurisdiction when authorized by the laws of the state of Florida. (Prior code ~ 10.5-26)
633
13.20.010
Chapter 13.20
SAFE NEIGHBORHOOD IMPROVEMENT DISTRICTS
Sections:
13.20.010
13.20.020
Authorized.
Method of establishment.
13.20.010 Authorized.
Safe neighborhood ilnprovelnent districts~ a provided by the Safe Neighborhoods Act~ Inay be established within the
county. (Prior code ~ 13-12( 1))
13.20.020 Method of establishment.
The method of establishing such safe neighborhood improvement districts in the county Inay be by any of the methods
described in Section 163 .506~ 163.508 or 163.51 ] of the Safe Neighborhoods Act. (Prior code ~ 13-12(2))
634
13.24.010
Chapter 13.24
AIRPORT REGULATIONS
Sections:
13.24.010
13.24.020
13.24.030
13.24.040
13.24.050
Aircraft parking.
Aircraft runups.
Aircraft operations.
Vehicles.
Violation-Penalty.
13.24.010 Aircraft parking.
A. No aircraft shall be parked north of the runway or in the clear zone areas as shown on the appropriate airport layout
plan~ dated October~ 1986.
B. No parking in the runway safety zone or to two hundred fifty (250) degrees north parallel to runway center line is
allowed unless specific written authorization has been received by the owner or user of the aircraft froln the director of air-
ports or his or her duly designated representative.
C. All illegally parked aircraft shall be removed from improper parking locations at the direction of the director of
airports or his or her duly designated representative at owner~s expense or user~s expense at his or her sole risk. (Prior code
~2.3-1)
13.24.020 Aircraft runups.
All aircraft runups shall only be made at the ends of the parallel taxiway or near the runway ends behind the holding line
Inarkings so long as the same shall not interfere with operation of other aircraft in and about either airport. (Prior code
~ 2.3-2)
13.24.030 Aircraft operations.
A. All aircraft operations to and from the Marathon Airport or the Key West International Airport shall be properly
registered \",ith the Federal Aviation Administration.
B. Any experimental or other type of aircraft or vehicle capable of flight desiring to operate from the Marathon Air-
port or the K.ey West International Airport shall have prior written approval of the director of airports or his or her duly des-
ignated representative before operating same from or to either airport. (Prior code S 2.3-3)
13.24.040 Vehicles.
A. No vehicles shall be allowed on the terminal ramp~ taxiway or runway without prior written approval of the airport
director or his or her duly designated representative.
B. Aircraft owners desiring access to their aircraft Inust remain off the above aircraft operating areas~ and further may
only cross the runway or extension thereof at the extrelne eastern and western ends of the clear zones~ as defmed by crossing
SIgns.
C. Parking V iolations at Key West International Airport.
I. This subsection is adopted under the authority of F.S. S 316.1945(3), and Fla. Const. viii, Sec. 1 (t).
2. The noncriminal civil penalty for a violation of Section 4.a. of Resolution No. 138-2000, parking in a no-parking
area at Key 'West International Airport~ violation of Section 5(a) of Resolution No. 138-2000, parking in the area designated
for elnployee parking; violation of Section 7(a) of Resolution No. 138-2000~ double parking~ or violation of Section 8(a) of
Resolution l'Jo. 138-2000~ parking at an expired parking meter shall be fifteen dollars ($15.00). A law enforcelnent officer
or parking enforcelnent specialist who discovers a vehicle parked in violation of this section may issue a ticket in the form
used by the county for parking violations to the driver or~ if the vehicle is unattended~ attach the ticket to the vehicle in a
conspicuous place. The liability for the payment of the parking ticket shall be pursuant to F.S. ~ 316.1967. All parking ticket
penalties collected pursuant to this section shall be remitted to the county's airport fund and used for any lawful purpose at
the Key West International Airport.
635
13.24.050
3. The noncrilninal civil penalty for parking in a metered space past the time designated by the meter shall be ten dol-
lars ($10.00). A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in violation of
this section Inay issue a ticket in the form used by the county for parking violations to the driver or., if the vehicle is unat-
tended., attach the ticket to the vehicle in a conspicuous place. The liability for the paYlnent of the parking ticket shall be
pursuant to F.S. ~ 316.1967. All parking ticket penalties collected pursuant to this subsection shall be remitted to the
county"s airport fund and used for any lawful purpose at Key West International Airport.
D. Parking Violations at Marathon Airport. The noncriminal civil penalty for a violation of Section 15 of Resolution
No. 330-1997., parking in a no-parking area at the Marathon Airport or parking a vehicle in an area at the Marathon Airport
reserved for vehicles of a different type or category or reserved for vehicles leased., licensed or permitted by the county is
twenty dollars ($20.00). A law enforcelnent officer or parking enforcement specialist who discovers a vehicle parked in
violation of this section may issue a ticket., in the fonn used by the county for parking violations., to the driver or., if the ve-
hicle is unattended., attach the ticket to the vehicle in a conspicuous place. The liability for the payment of the parking ticket
is as provided in F.S. S 316.1967. All parking ticket penalties collected under this section Inust be relnitted to the Marathon
Airport account and may be used for any lawful purpose at that airport. (Prior code S 2.3-4)
13.24.050 Violation-Penalty.
Except as provided in Section 13.24.040(C)., the violation of any of the above rules and regulations shall constitute a mis-
demeanor of the second degree, punishable as provided for in F.S. S 332.08(2)(b). (Prior code S 2.3-5)
636
13.28.010
Chapter 13.28
PARKS AND BEACHES GENERALLY
Sections:
13.28.0] 0
13.28.020
13.28.030
County parks and beaches in unincorporated areas to be closed during certain hours.
Consumption of alcoholic beverages on public beaches and parks.
V io la tions-Pena Ities.
13.28.010 County parks and beaches in unincorporated areas to be closed during certain hours.
Unless otherwise provided by ordinance~ all county parks and beaches in the unincorporated areas of Monroe County~
except Harry Harris Park~ Tavemier~ Florida~ shall be closed during the hours of eleven p.m. to seven a.m. No person shall
enter or rerrlain at any such park or beach during those hours. The prohibition of this section may be waived by the board of
county comcmissioners on a per-event basis. (Ord. 022-2004 S 32: prior code 13-8)
13.28.020 Consumption of alcoholic beverages on public beaches and parks.
A. It shall be prohibited for a person~ in~ on or about any public facility, vehicle or public beach or park in the unincor-
porated areas of Monroe County~ to consume alcoholic beverages. The prohibitions of consuming alcoholic beverages on
public beaches and parks can be waived by the board of county commissioners as provided in this section.
B. The board of county commissioners may waive the provisions of this section upon a resolution of the board. How-
ever~ any such waiver may only be granted to a nonprofit organization, shall require the presence of security guards in the
nUlnber the board determines necessary to preserve public order, and shall require liability insurance nalning Monroe
County as an additional named insured in a form and amount satisfactory to the county administrator.
C. For the purposes of this section, ~~alcoholic beverage" means distilled spirits and all beverages containing one-half
of one percent or Inore alcohol by volume. (Ord. 022-2004 S 34~ prior code 13-9)
13.28.030 Violations-Penalties.
Violations of Sections ] 3.28.010 and 13.28.020 shall be prosecuted in the same manner as misdemeanors are prosecuted.
Such violations shall be prosecuted in the nalne of the state in a court havingjurisdiction ofmisdelneanors by the prosecut-
ing attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by im-
prisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. (Prior code S 13-9.1)
637
13.32.010
Chapter 13.32
SPECIFIC COUNTY PARKS
Sections:
13.32.010
13.32.020
13.32.030
13.32.040
The Pines County Park.
Higgs Beach County Park.
Ultralight aircraft prohibited at certain county boat ramps.
Rules of conduct and operational procedure for certain parks.
13.32.010 The Pines County Park.
A. Definitions.
I. ~"The Pines County Park" means the area commencing at the intersection of the southwest comer of the U.S. Gov-
ernment property, as indicated on plat of survey ofa ~"Portion of Roosevelt Boulevard," as recorded in Plat Book 2, Page 17,
Monroe County Records, and the northerly right-of-way line (curbline) of Roosevelt Boulevard, bear S 82037'20" E along
the northerly right-of-way line (curbline) of Roosevelt Boulevard for a distance of90 feet =t to a point on the easterly cur-
bline of Faraldo Circle, said point also known as the point ofbeginning~ thence continue along the northerly right-of-way
line for a distance of259.86 feet to a point~ thence bear N 10033'00" E for a distance of223.87 feet to a point~ thence bear N
80040'30" W for a distance of243 .56 feet to a point~ thence bear S 07013 '50" W for a distance of203.3 8 back to the point of
beginning.
2. ~"Alcoholic beverage" means any beverage containing more than one percent ethyl alcohol by volume.
B. Prohibition on Alcoholic Beverages.
I. No person shall possess any container containing any alcoholic beverage while at The Pines County Park.
2. The board of county commissioners may waive the provisions of this section upon a resolution of the board. How-
ever, any such waiver Inay only be granted to a nonprofit organization, shall require the presence of security guards in the
number the board determines necessary to preserve the public order, and shall require liability insurance naming Monroe
County as an additional named insured in a form and alnount satisfactory to the county administrator.
3. Nothing in this section shall be construed as waiving or exempting any nonprofit organization froln whatever per-
mits Inay be required by the city of Key West.
C. Fires Permitted Only in Designated Areas. No person shall cook or light or lnaintain any cooking fire, campfire, or
other fire at The Pines County Park except in county-provided pennanently installed grill structures or personal barbecue
grills in designated areas.
D. Park to be Closed During Certain Hours. The Pines County Park shall be closed during the hours of eleven p.ln. to
seven a.ln. No person shall enter or remain at The Pines County Park during those hours.
E. Penalties. Violations of this section shall be prosecuted in the saIne manner as misdemeanors are prosecuted. Such
violations shall be prosecuted in the nalne of the state in a court having jurisdiction of misdelneanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by ilnpris-
onment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. (Prior code ~ 13.5-2)
13.32.020 Higgs Beach County Park.
A. Definitions:
I. ~"Higgs Beach County Park'" means that area in the city of Key West, Florida, beginning at the intersection of the
actual low-water line of the Atlantic Ocean and the westerly edge of White Street~ thence north along the westerly edge of
White Street to its intersection with the southern edge of Casa Marina Court~ thence westerly along the southern edge of
Casa Marina Court until its intersection with the eastern edge of Reynolds Street~ thence southerly along the eastern edge of
Reynolds Street until its termination~ thence in a straight line froln such termination to the actual low-water line of the At-
lantic Ocean~ thence easterly along such low-water line to the point of beginning, including, however, any piers, docks,jet-
ties, boat ralnps, or silnilar structures extending waterward of such actual low-water line.
2. .." Alcoholic beverage" lneans any beverage containing more than one percent ethyl alcohol by volume.
3. ~~Fenced, gated and posted area" shall be that portion of Higgs Beach County Park which the director of county
division of public works has, for purposes of public safety and welfare, caused to be enclosed by fencing of any type, in-
638
13.32.030
cluding~ but not limited to chain-link fencing and post-and-rail fencing~ and has posted with signs regarding special hours
and parking prohibitions.
B. Prohibition on Alcoholic Beverages.
I. No person Inay possess any container containing any alcoholic beverage while at Higgs Beach County Park except
for on-prelTlise sale and consulnption within the enclosed restaurant and restaurant patio area. The restaurant exception only
applies if:
a. The county/restaurant lessee contract allows for the on-premise consulnption and sale of alcoholic beverages; and
b. The restaurant lessee has whatever approvals and permits are needed from the state of Florida and the city of Key
West for the on-prelnise sale and consulnption of alcoholic beverages.
2. The board of county cOmInissioners may also waive the prohibition of subsection (B)( 1) of this section on a per
event basis upon a resolution of the board. However~ any such waiver may only be granted to a nonprofit organization~ must
require the presence of security guards in the number the board determines necessary to preserve public order~ and must
require liability insurance naming Monroe County as an additional nalned insured in a form and amount satisfactory to the
county adm inistrator.
Nothing in this subsection may be construed as waiving or exempting any nonprofit organization from whatever permits
or approval may be required by the city of Key West or the state of Florida.
C. Restrooms to be Closed During Certain Hours. Restroom facilities at Higgs Beach County Park shall be closed
from eleven p.m. to seven a.m. and no person shall enter or use such facility for any purpose during those hours.
D. Fines Permitted Only in Designated Areas. No person shall cook or light or maintain any cooking fire~ campfire~ or
other fire at Higgs Beach County Park except in county-provided permanently installed grill structures or personal barbecue
grills in designated areas.
E. Park to be Closed During Certain Hours. Higgs Beach County Park shall be closed during the hours of eleven p.tn.
to six a.m.~ except that the fenced~ gated~ and posted area of Higgs Beach County Park shall be closed from sunset to six
a.m. No person~ other than a member of the Higgs Beach Neighborhood Watch~ shall enter or remain at county park or the
fenced~ gate:d~ and posted area during the hours they are closed. This section shall have no application to persons traveling
upon Atlantic Boulevard between White Street and Reynolds Street. The '"'Higgs Beach Neighborhood Watch" referenced in
this section is a not-for-profit community association whose membership is comprised of residents of the area bounded on
the east by Ilertha Street~ on the north by United Street~ and on the west by Simonton Street~ in the city of Key West~ who
have undertaken to report promptly to the sheriff any crimes or violations of this section observed by theln whi Ie in the
park. The sheriff shall maintain a current membership roll of the Higgs Beach Neighborhood Watch.
F. Penalties. Violations of this section shall be prosecuted in the same manner as misdemeanors are prosecuted. Such
violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by impris-
onment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
G. No person may park~ stand or stop a recreational vehicle or camper within the fenced~ gated~ or posted area of
Higgs Beach County Park.
H. Tht: wood pier at Higgs Beach may be used for activities related to swimming~ sunbathing and recreation which
does not endanger the safety of swimmers~ sunbathers and persons engaged in meditation. Fishing~ including but not limited
to spearfishing~ net casting~ use of rod and reel~ is prohibited. (Prior code S J 3.5-3)
13.32.030 Ultralight aircraft prohibited at certain county boat ramps.
A. For the purpose of this section~ "ultralight aircraft" means any heavier-than-air~ motorized aircraft which Ineets the
criteria for nlaximuln weight fuel capacity~ and airspeed established for such aircraft by the Federal Aviation Administra-
tion under Part 103 of the Federal Aviation Regulations.
B. The following boat ramps may not be used for the launching ofultralight aircraft or retrieving such aircraft from the
water:
l.
2.
The Barcelona Drive boat ramp~ Big Coppitt Key;
The Cudjoe Road boat ramp~ Cudjoe Key;
The Old State Road 4A boat ramp~ Little Torch Key;
The Koehn Road boat ramp~Big Pine Key;
The Bittersweet Avenue boat ramp~ Big Pine Key;
~
-'.
4.
5.
639
~ 3.32.040
6. The Garden Cove boat ramp, Key Largo~
7. The Largo Sound Park Club boat ramp, Key Largo~
8. The Sunset Point boat ralnp, Key Largo~
9. The Harry Harris Park boat ralnp, Key Largo.
C. Violations of this section shall be prosecuted in the same manner as Inisdemeanors are prosecuted. Such violations
shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney
thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by ilnprisonlnent in
the county jail not to exceed sixty (60) days or by both such fine and ilnprisonment. (Prior code * 13.5-4)
13.32.040 Rules of conduct and operational procedure for certain parks.
A. Definitions.
I. ~~Alcoholic beverages" means distilled spirits and all beverages containing one-halfof one percent or Inore alcohol
by volulne. The percentage of alcohol by volume is detennined by measuring the volulne of the standard ethyl alcohol in the
beverage and comparing it with the volulne of the relnainder as though the relnainder ingredients were distilled water.
2. ~~Bay Point Park" Ineans the area described as follows: Lots 13, 14, 15, 16, 17, 18, 19 and 20, Block 2, Bay Point
Amended Plat, Bay Point Key according to the Plat thereof as recorded in Plat Book 3, Page 75 of the Public Records of
Monroe County, Florida, RE#'s 00160060, 00160070, 00160080, 00160090, 00160100-0160130.
3. ~~Bernstein Park" means the area described as follows: Lots 1,2,3,4 and 5, Block 57, George L. McDonald's Plat
of Part of Stock Island, less the westerly eight feet of Lot 1 and less the easterly thirty (30) feet of Lot 5, according to the
plat thereof as recorded in Plat Book 1, Page 55, of the Public Records of Monroe County, Florida. Also a parcel of sub-
merged land lying south of said Block 57, less that portion sold to Stock Island Utility Company by Warranty Deed re-
corded in Official Records Book 866, Pages 2446-2450, of the Public Records of Monroe County, Florida, TWP.67/68
RNG. 25 SEC. 35,36 & 2 RE# 12385 OR 380-381-382.
4. ~~Big Coppitt Volunteer Fire Department Park" means the area described as follows: Block 4, Lots 3, 4 and 5 Cop-
pitt Subdivision Amended Plat, Big Coppitt Key, OR: 761-408, Plat Book: 4-50, Section 22, Township 67S, Range 26E.
5. ~~Palm Villa Park" Ineans the area described as follows: Park-Palm Villa, Big Pine Key RE# 00285080-00000~ Plat
Book 1-89, Section 23, Township 66S, Range 29E (.61 acres).
6. ~'Wilhelmina Harvey Park" means the area described as follows: Block 2, Lot 4,5, 6 and 7, amended Plat of Cop-
pitt Subdivision, Section 22, Township 67S, Range 26E as recorded in Plat Book 4, Page 50 of the Public Records ofMon-
roe County, Florida. Said amended Plat is a resubdivision of that subdivision originally recorded in Plat Book 3, Page 116.
7. ~~Little Duck Key Park" means the area described as follows: Little Duck Key, Lot 1, Section 19, Township 66S,
Range 31E, OR: 15-374-376, RE# 00106]60-000000~ Alternate Key: 1124800.
8. ~~Old Settlers Park" means the area described as follows: A tract in Government Lot 2, Section 34, Township 62
South, Range 38 East, comprising portions of Lots 16 & 17, according to the George L. McDonald Plat of the Albury prop-
erty ~ as recorded in Plat Book I, Page 64, RE# 90020, 90030, 90040-0001, 90070, 90090, 90100, 90120 and 90130 and that
portion of Lot 16 as identified in Book 397, Page 737 of the Official Records of Monroe County.
9. ~~Friendship Park" means the area described as follows: Lots 29, 30, 31 and 32, Block 2, Hibiscus Park Subdivision.
Lots 15, ] 6, 17, 18, 19, 20 and 21, Block 4, Industrial Acres Subdivision, Section 22 & 27 ~ Township 61 S, Range 39E.
] O. ~~Garden Cove Park" means the area described as follows: Tract F, Key Largo Beach, a subdivision in Section 33,
Township 61 South, Range 39 East, Key Largo Key, Monroe County, Florida, as recorded in Plat Book 2, page 149, Public
Records of Monroe County, Florida.
11. Harry Harris Park means the area described as follows: Portions of Government Lot 3 and 4, Section 27, Township
62S, Range 38E, lying in open waters of Tavernier Harbor and Florida Bay~ Government Lot 3, Section 27, Township 62S,
Range 38E, Key Largo, Monroe County, Florida, as per Government Township Map made in 1873 and approved by the
Surveyor-General in 1874, less the following described portion thereof, which is above the mean high tide line: Beginning
at the SE corner of said Governlnent Lot 3 and run N on the Eline of Government Lot 3, a distance of27 feet more or less
to the Inean high tide line on the shore of Florida Bay~ thence SW'ly meandering said mean high tide line, a distance of
fifty-five (55) feet more or less to the S line of said Government Lot 3~ thence E on the S line of said Government Lot 3, a
distance of thirty-eight (38) feet mort or less to the point of beginning. Government Lot 4 in Section 27, Township 62S,
Range 38E, Key Largo, Monroe County, Florida as per Govemtnent Township Map made in 1873 and approved by the Sur-
veyor-General in 1874, less the following described portion thereof, which is above the high tide line: Beginning at the SW
640
13.32.040
SW comer of Governlnent Lot 4 and run E on the S line of said Government Lot 4, a distance of two hundred twenty (220)
feet more or less to the shore line on the W side of Tavernier Harbor; thence NW'ly along said shore line a distance offour
hundred (400) feet more or less to the W side of said Government Lot 4~ thence S 130 of30~ W along said W side of Go v-
ernment Lot 4, a distance offour hundred (400) feet more or less to the point of beginning. The above two parcels contain a
net acreage of 70.98 acres, more or less.
12. ~~Sunset Point Park" means the area described as follows, Tract A of Sunset Point, according to the Plat thereof,
recorded in Plat Book 2, Page 81 of the Public Records of Monroe County, Florida, together with all riparian rights there-
unto belonging or in any use appertaining, less the following tracts: Less that part of Tract 4 above described as platted in
Sunset Point Addition, according to the Plat thereof, recorded in Plat Book 3~ Page 41 of the Public Records of Monroe
County, Florida, and thereon referred to as Lot 12 and Sunset Lane; and less a tract or strip of land ten (10) feet wide and
extending fi~om the ~~Boat Basin" as shown on the plat of Sunset Point Addition above referred to and running parallel to the
SW~ly boundary line of said Lot 12 and the SW'ly line of Sunset Lane and as shown on said plat and said strip ten (10) feet
wide extending as above stated from the ~'Boat Basin" to the north line of Sunset Road.
13. "Key Largo Community Park" means Lots 312 to 384, Port Largo Fourth Addition, Section 33, Township 61 S~
Range 39E, Monroe County, Florida. This parcel contain six hundred thousand fifteen six hundred twenty-three (615,623)
sq uare feet.
B. Restrictions on Alcoholic Beverages.
1. No person may possess any container containing alcoholic beverages at the parks listed above in this section.
2. Thl~ board of county cOlnmissioners may waive the prohibition of this section upon a resolution of the board. Any
waiver must require the presence of security guards in the number the board determines is necessary to preserve public or-
der, and must require liability insurance, in a policy by a firm authorized to do business in the state of Florida, nalning Mon-
roe County as an additional named insured in a form and amount satisfactory to the county administrator.
C. Posting Signs of Enhanced Penalties Under F.S. ~ 893.13( 1 )(d). The director of facilities maintenance shall place
signs warning of enhanced penalties under F. S. ~ 893 .13( 1)( d), for persons selling, manufacturing, delivering, or possessing
with the intlent to sell, manufacture, or deliver, a controlled substance within two hundred (200) feet of the parks listed
above. Such signs shall be placed at each park entrance and at other locations near the parks' boundaries as the director of
facilities maintenance shall consider likely avenues of exit and entry.
D. Park Hours. The parks and beaches listed above are open to the public, Monday through Sunday, from seven-thirty
a.m. until sunset with the following exceptions:
1. Bay Point Park and Bernstein Park are open every day from seven-thirty a.m. until ten-thirty p.m.~
2. Friendship Park is open every day from seven-thirty a.m. until eight-thirty p.m.~
3. Key Largo Community Park is open every day from seven a.m. to nine-thirty p.m.
All persons and their vehicles that enter the parks during the open hours lnust leave the parks by closing titne, unless
prior approval has been granted by the Monroe County parks and recreation coordinator by way of a use form for a specific
event. Any vehicles in the parks when the parks are closed will be towed away at the vehicle owner's expense.
E. Spe:cial Events and Assemblies.
1. Any person or organization who holds or conducts~ at any of the parks listed above, a public assembly that is sub-
ject to Chapter 13.16, must obtain approval under the provision of that chapter.
2. Any person or organization who holds or conducts any special events or assembly not subject to Chapter 13.16
must obtain approval and scheduling through the public works parks and recreation coordinator (the coordinator) subject to
already sche'duled activities. A complete application and proof of insurance (if required) must be submitted to the coordina-
tor at least seven days prior to the event or assembly.
3. Athletic activity organizers who wish to use the recreational playing field on multiple occasions during a sports
season must obtain approval froln and schedule their activities with the coordinator before the beginning of the season.
4. Athletic activity organizers who wish to use the tennis courts for tournaments, etc., must schedule their activities
with the coordinator before the beginning of any such event.
5. Events charging admission shall only take place in the area designated by the county parks and recreation division
and the admission fees shall be collected only at such area as the coordinator designates.
F. Tennis Court, Basketball Court~ and Ballfield Lights. Tennis court, basketball court and ballfield lights may be used
Monday through Sunday from ten (10) minutes before sunset until closing time. Only public works employees Inay operate
the lights. The use of the ballfield lights must be approved by the county parks and recreation coordinator in advance. Re-
641
13.32.040
quests for the use of ballfield lights must be in writing, sublnitted to the coordinator no later than forty-eight (48) hours for
weekdays and seventy-two (72) hours weekend use prior to the intended dates, on an approved county use fonn.
G. Fires Permitted Only in Designated Areas. No person shall cook or light or maintain any cooking fire calnpfire, or
other fire at any park except in county-provided pennanently installed grill structures or personal barbecue grills in desig-
nated areas.
H. Signs. The director offacilities maintenance must post each park entrance with a sign briefly sUlnmarizing the park
rules established by this chapter.
I. Penalties. Violations of this section shall be prosecuted in the same manner as misdelneanors are prosecuted. Such
violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting
attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or by ilnpris-
onment in the county jail not to exceed sixty (60) days or by both such fine and iInprisonment.
J. Admission Fees-Noncounty Residents Only-Federal Holidays and Weekends. Admission fee for Harry Harris
Park is five dollars ($5.00) per person plus an additional ten dollars ($10.00) boat ratnp fee for watercraft vessels with trail-
ers.
K. Golf Balls. No person may hit or otherwise propel, place or leave golf balls in any county park.
L. Commercial Activities. There shall be no commercial activity of any type on any county beach or park, including
but not limited to those listed above, without a lease or license from the county.
M. Except for anitnals that assist disabled persons, and except as provided in subsection Nand 0 of this section, do-
mestic anitnals are prohibited from all county parks. No person may cause or allow any domestic animal (of whatever size),
other than an animal that assists a disabled person, to be brought to, or remain on, any county park other than those listed
below in subsections Nand 0 of this section.
N. Pets are allowed at Key Largo Park, Old Settlers Park, Wilheltnina Harvey Park, Sunset Point Park and in those
parts of Harry Harris Park and Higgs Beach County Park specified in subsection 0 of this section, subject to the following
regulations:
I. Pets must be leashed on a leash no greater than eight feet long, unless and while in the water and wet sand area of
Sombrero Beach Park.
2. Owners must clean up after pets and properly dispose of waste. The county shall provide Mutt Mitts and Doo-Drop
In stations for this purpose.
3. Pets exhibiting aggressive behavior or creating a nuisance must be immediately removed from the park.
O. Pets are allowed at Higgs Beach County Park in Key West on paved surfaces and on the open spaces lying south-
erly and easterly of West Martello Towers, and southerly and easterly of the fence surrounding the FAA tower parcel. In
Harry Harris Park, pets are allowed in the green area north of the boat ramp with the exception of the ballfield. (Ord.
00 1-2004 ~ 1 ~ Ord. 032-2003 ~ 1 ~ prior code ~ 13.5-5)
642
Sections:
13.36.010
13.36.020
13.36.030
13.36.040
13.36.0S0
13.36.0~.0
13.36.070
13.36.080
13.36.09'0
13.36.1010
) 3.36.0) 0
Chapter 13.36
COUNTY BEACH AND SHORE PRESERVATION DISTRICTS
Created.
District 1 boundaries.
District 2 boundaries.
District No.3 boundaries.
District 4 boundaries.
Statutes of districts.
Governing body.
Advisory boards-Required.
Advisory boards-Composition.
Advisory boards-Members' terms.
13.36.010 Created.
Pursuant to F.S. ~ 161.31, there are created four separate and distinct county beach and shore preservation authority dis-
tricts within the boundaries of Monroe County, Florida. (Prior code ~ 4-24)
13.36.020 District 1 boundaries.
Monroe ICounty beach and shore preservation authority District No. I shall comprise all of the territory within county
commissioners District No. I of Monroe County and all of the territory within county commissioners District No.3 ofMon-
roe County, Florida. (Prior code S 4-25)
13.36.030 District 2 boundaries.
Monroe C~ounty beach and shore preservation authority District No.2 shall comprise all of the territory within county
cOlnmissioners District No.2 of Monroe County, Florida. (Prior code S 4-26)
13.36.040 District No.3 boundaries.
Monroe C:ounty beach and shore preservation authority District No.3 shall comprise all of the territory within county
cOlnmissioners District No.4 of Monroe County, Florida. (Prior code S 4-27)
13.36.050 District 4 boundaries.
Monroe C:ounty beach and shore preservation authority District No.4 shall comprise all of the territory within county
commissioners District No.5 of Monroe County, Florida. (Prior code S 4-28)
13.36.060 Statutes of districts.
Districts ,established under the provisions of this chapter shall constitute public bodies corporate and politic, exercising
public powers and all other powers and duties incident to such bodies. (Prior code S 4-29)
13.36.070 Governing body.
The board of county commissioners shall serve as the governing body of all districts created under the Monroe County
beach and shore preservation authority. (Prior code S 4-30)
13.36.080 Advisory boards-Required.
Each district established under the provisions of this chapter shall have a district advisory board whose functions, powers
and responsibilities shall be set and defined by the board of county commissioners. (Prior code ~ 4-31)
13.36.090 Advisory boards-Composition.
Each district advisory board shall be composed of five individuals and shall be appointed as follows:
643
13.36.100
A. District I: a Inember appointed by the Key West Chamber ofColnmerce board of directors~ a Inember of the Mon-
roe County cOlnmission and so designated by the Monroe County cOITImission~ a Inember of the city cOlnlnission of the city
of Key West and so designated by the city commission of Key West~ a nonpublic official appointee of the mayor of the city
of Key West: and a nonpublic official appointee of the mayor of Monroe County. Appointees to the advisory board shall be
residents of District I.
B. District 3: a member appointed by the Marathon Chalnber of Commerce board of directors; the county comlnis-
sioner representing county commissioners District No.4 of Monroe County~ Florida~ a member of the city comlnission of
the city of Key Colony Beach and so designated by the city comlnission of Key Colony Beach~ a nonpublic official ap-
pointee of the mayor of the city of Key Colony Beach~ and a nonpublic official appointee of the Monroe County comlnis-
sioner representing county cOlnlnissioners District No. 4~ Monroe County ~ Florida. Appointees to the advisory board shall
be residents of District 3.
C. Districts 2 and 4: each advisory board shall have two members appointed by the chambers of comlnerce in their
respective districts~ the county cOlnmissioner representing the county commissioners district of Monroe County~ Florida~
which comprises the territory of the authority district~ a nonpublic official appointee of the county cOlrunissioner represent-
ing the county COlTIlnissioners district of Monroe County~ Florida~ which comprises the territory of the authority district; and
a nonpublic official appointee of the mayor of Monroe County~ Florida. Appointees to the advisory board of District 2 shall
be residents of District 2~ and appointees to the advisory board of District 4 shall be residents of District 4. (Prior code
~ 4-32)
13.36.100 Advisory boards-Members' terms.
Pursuant to F.S. ~ 161.31 (2)~ and until such time as the legislature amends the Florida Statutes~ members of the district
advisory boards shall have no definite term of office~ but shall serve at the pleasure of the board of county commissioners.
(Prior code ~ 4-33)
644
Chapters:
14.04
14.08
14.12
14.16
14.20
14.24
14.28
14.32
14.36
14.40
14.44
14.48
14.52
14.56
14.60
Title 14
PUBLIC SERVICE
Monroe County General Purpose Municipal
Service Taxing Unit
Municipal Service Taxing Benefit Districts
Created
Marathon Municipal Service Taxing Unit
Conch Key Municipal Service Taxing Unit
Bay Point Municipal Service Taxing Unit
Big Coppitt Municipal Service Taxing Unit
Municipal Service Taxing District for Garbage
and Waste Disposal
County Solid Waste Collection, Disposal and
Assessment Code
Inspection and Compliance Program for
Unknown and Unpermitted On-Site Sewage
Treatment and Disposal Systems
Connection of On-Site Sewage Treatment and
Disposal Systems to Central Sewage System
Uniform Wastewater Connection Standards
Key Largo Area Central Sewage Municipal
Service Benefit Unit
Water and Irrigation Conservation
Water Shortage Regulations
Wastewater Assessments
645
Sections:
14.04.0 10
14.04.020
14.04.030
14.04.040
14.04.050
14.04.060
14.04.070
14.04.080
14.04.090
14.04.100
14.04.110
14.04.120
14.04.130
14.04.140
14.04.150
14.04.160
14.04.170
14.04.180
14.04.190
14.04.200
] 4.04.0 1 0
Chapter 14.04
MONROE COUNTY GENERAL PURPOSE MUNICIPAL SERVICE TAXING UNIT
Created-Purposes.
Name of district.
Governing body.
Powers of district governing body.
Clerk-Compensation of members.
Audit of books.
Acquisition of property.
Right of governing body to borrow.
Deposit, disbursement of funds.
Expenditures.
Services of independent contractors permitted-Hiring of personnel.
Payment by municipalities under interlocal agreement.
Duties of officers-Meetings.
Annual report-Fiscal year.
Warrant required for payment of district funds.
Tax levy authorized.
Referendum required for im position of tax.
Payment of expenses authorized.
Effective date of amendments.
Effect on previous legislation.
14.04.010 Created-Purposes.
There is created~ pursuant to the authority granted in Chapter 125~ Laws of Florida~ and Article 7~ Section 9~ Florida
Constitution~ a municipal service taxing unit (district) for the purpose of providing the following essential municipal ser-
VIces:
A. Land use planning, including but not limited to all those functions described in the Local Government Comprehen-
sive Planning Act as amended~ F.S.~ ~S 163.3161 et seq.~ and Chapter 380~ Laws of Florida~
B. Drafting and analysis of all land use or building regulations~ of whatever type and however denominated~ when so
requested by the board of county commissioners~
C. Tht~ administration and enforcement of all building codes and controls~ including the issuance of pennits~
D. Code enforcement under Chapter 162~ Laws ofFlorida~
E. Tht: office of the fire marshal, whose duties shall be as defined by general and special law and county ordinance
and resolution~
F. Parks~ beaches and recreation~ the provision of which shall be as authorized by general and special law and county
ordinance and reso lution~ and
G. Local road patrol law enforcement services which means regularly scheduled patrol by uniformed law enforcement
officers in nlarked patrol cars whose full-time duty assignment involves responding to calls for service and engaging in
crime prevention activities~ sergeants who provide first-line supervision to those officers, and general case detectives not
assigned to iinvestigate major crimes or function as crime scene technicians.
In carrying out the purposes described in this chapter, the district shall be financed from ad valorem taxes collected
solely within the district. Nothing contained herein shall prevent the district from charging various fees~ as determined by
the board of county commissioners~ for any service or services rendered to any specific person or persons, regardless of
whether such person or persons are real or incorporeal. However, when such fees are collected by any department of the
county or a law enforcement agency in the course of providing any of the services described in subsections A through G of
this section, then those fees may only be expended by the department or law enforcement agency which collected them.
(Prior code ~~ 2-388)
647
14.04.020
14.04.020 Name of district.
The district shall be known as the Monroe County general purpose Inunicipal service taxing unit and shall include all of
the unincorporated lands in the county. (Prior code ~ 2-389)
14.04.030 Governing body.
The governing body of the district shall be the board of county commissioners. (Prior code ~ 2-390)
14.04.040 Powers of district governing body.
The governing body of the district shall have all the power ofa body corporate., including the power to enter into interlo-
cal agreements pursuant to F.S. Ch. 163., or otherwise~ to contract on behalf of the district; to sue and be sued; to adopt and
use a common seal and to alter the same at pleasure~ to acquire., by either gift or purchase., lease and convey real estate and
personal property., including equiplnent., and except as such transactions may be limited herein., as the governing body Inay
deeln proper or expedient to carry out district purposes~ to employ such experts, agencies and elnployees as the govern ing
body Inay deelTI advisable; and to borrow Inoney and to issue negotiable promissory notes., certificates of indebtedness as
hereinafter provided. In order to carry out the purposes enumerated in Section 14.04.010, the district may exercise the pow-
ers, including implied powers., granted by all applicable general and special laws., ordinances and resolutions. (Prior code
~ 2-391)
14.04.050 Clerk-Compensation of members.
The clerk of the circuit court., ] 6th Judicial Circuit of the state of Florida., as ex officio clerk of the board of county com-
Inissioners., shall be ex officio clerk., auditor., recorder of the minutes and accounts., and custodian of the districfs funds. The
melnbers of the governing body shall not receive an additional compensation for their service as members. (Prior code
~ 2-392)
14.04.060 Audit of books.
The books of the district shall be audited by the saIne officers and in a like manner as the books of other county officers
and departments in confonnance with F.S. ~ 11.45. (Prior code ~ 2-393)
14.04.070 Acquisition of property.
The governing body shall have the power to acquire any real or personal property through the use of installment or de-
ferred payments., but only to the extent that such are lawful under Article VII., Sections] 0 and] 2., Florida Constitution., and
any general or special law ilnplementing the same. (Prior code ~ 2-394)
14.04.080 Right of governing body to borrow.
The governing body., in order to carry out the purposes of the district., is authorized to borrow money and issue certifi-
cates of indebtedness therefor upon such terms and at such rates of interest as the governing body may deem advisable in
accordance with Article 7., Section 12., Florida Constitution, the implementing Statutes., Chapter ]25., Laws of Florida [Flor-
ida Statutes]., and any other applicable general or special law . The certificates of indebtedness may be a charge upon all
revenues derived from taxes in that fiscal year or may be Inade payable from budgetary requirements in due course of law as
the governing body may elect. (Prior code ~ 2-395)
14.04.090 Deposit, disbursement of funds.
The district funds shall be deposited in the name of the district in a bank authorized to receive deposits of county funds,
which bank shall be designated by a resolution of the governing body. Such designation of the bank for the deposit of funds
therein shall be the exercise of due care and diligence on the part of the clerk for the safekeeping of such funds. No funds of
the district shall be paid or disturbed save and except by warrant., signed by the chairperson of the governing body and at-
tested by the clerk. (Prior code ~ 2-396)
14.04.100 Expenditures.
The district funds shall only be expended for the following purposes:
A. The adlninistration of the affairs and business of the district as authorized by the governing body~
648
I 4.04. I I 0
B. The purchase, construction, care, upkeep, maintenance and operation of such real and personal property.. including
fixtures, necessary for carrying out the purposes of the district as stated in Section 14.04.010 of this chapter as authorized by
the governing body;
C. Compensation for the employees of the district and for all consultants and other outside experts and staffas author-
ized by the governing body;
D. The repaYlnent of all debts lawfully incurred whether authorized by the terms of this chapter or by general or spe-
ciallaw. (Prior code S 2-397)
14.04.110 Services of independent contractors permitted-Hiring of personnel.
The governing body, when it deems it advisable, is authorized to acquire by gift or purchase, and to pay the purchase
price for, the services of independent contractors for the purpose of carrying out any of the functions described in Section
14.04.0 10, only limited to the extent that the purchase or gift is controlled by general or special law. The governing body
shall also have the authority to hire such personnel as the body deems advisable and to prescribe rules and regulations per-
taining thereto so long as the same is not inconsistent with general or special law. (Prior code S 2-398)
14.04.120 Payment by municipalities under interlocal agreement.
In the event an interlocal agreement is entered into between the district and a municipality, such agreement, in addition to
being in cOlTIpliance with Chapter 163, Laws of Florida [Florida Statues], shall include an express provision as to how the
municipality shall pay for its use of district services. The municipal funding source may be from funds derived fr01TI service
charges, spt~cial assessment or taxes imposed within such municipality by such municipalities, or from budgetary payments
made in the due course of law from such municipality to the district. (Prior code S 2-399)
14.04.130 Duties of officers-Meetings.
The officers of the district governing body shall have the duties, whether mandated by statute or common law, usually
pertaining to, vested in, and incumbent upon like officers. A record shall be kept of all meetings of the governing body. The
governing body may adopt the rules and regulations it deems necessary in and about the transaction of its business, and in
carrying out the provisions of this chapter. (Prior code S 2-400)
14.04.140 Annual report-Fiscal year.
A. The governing body of the district shall, on or before the first day of November, or such other date as may be re-
quired by general or special law, make an annual report of its actions and accounting of its funds as of the thirtieth day of
September of each year in accordance with the provisions of general and special law and in the same manner as is required
by other county departments and agencies. The report shall be filed in the office of the clerk of the circuit court of the 16th
Judicial Circuit, whose duty shall be to receive and file such report and keep the same as a public record.
B. The fiscal year of the district is fixed as commencing on the first of October and ending on the thirtieth of Sept em-
ber. (Prior code S 2-40 I)
14.04.150 Warrant required for payment of district funds.
The funds of the district shall be paid out only upon a warrant signed by the chairperson of the governing body and at-
tested to by the clerk and having thereto affixed the corporate seal of the district. No warrant shall be drawn or issued
against the funds of the district except for the purposes authorized by this chapter, and no such warrant against the funds of
the district shall be drawn or issued until after the account or expenditure for which the same is to be given in payment has
been ordered and approved by the governing body. (Prior code S 2-402)
14.04.160 Tax levy authorized.
A. The: governing body of the district is authorized and elnpowered and directed annually to levy upon all the real and
personal taxable property in the district a sufficient tax to pay all necessary costs, of whatever type including capital expen-
ditures, as authorized by this chapter within the limits fixed for lTIunicipal purposes for municipal service taxing units under
Article VII, Section 9(b), Florida Constitution, F.S. Ch. 125, and F.S. S 200.07](3).
B. The levy by the governing body of the taxes authorized by any provision of this chapter shall be by resolution of
such body duly entered upon the minutes of the body. Millage shall be set and ad valorem taxes levied thereon in accor-
649
14.04. 170
dance with the provisions of general law and in like manner as required for the setting of millage and levy of ad valoreln
taxes by a county. It shall be the duty of the county comlnissioners to order and require the county property appraiser to
assess, and the county tax collector to collect, the alnount of taxes so assessed or levied by the board of comlnissioners of
the district upon the taxable property in the district at the rate of taxation adopted by the board of cOlnlnissioners of the dis-
trict for such year and included in the warrant of the property assessor and attached to the assessment roll of taxes for such
year and included in the warrant of the property assessor and attached to the assessment role of taxes for this county each
year. The tax collector of the county shall collect such tax so levied by such board in the same manner as other taxes are
collected, and shall pay the saIne over to the governing body of the district levied upon within the time and in the Inanner
prescribed by law for the paYlnent by the tax collector of county taxes and shall be held by such body and paid out to them
as provided in this chapter. Tax certificates and tax deeds shall be issued for all delinquent properties in accordance and in
like manner as the saIne are authorized to be issued by F.S. Ch. 197, and other general and special laws regulating the issu-
ance of same for nonpaYlnent of delinquent county and ad valoreln taxes.
C. It is herein determined that the municipal service taxes herein provided for those services enulnerated in Section
14.04.0 I 0 are municipal assessments for municipal or peculiar benefits accruing to the properties within the district against
which properties such levies are directed to be made. It is also herein found, detennined and declared that the services enu-
Inerated in Section 14.04.0 I 0 are public purposes and essential municipal services under the tenns ofF.S. S 125.01 (I )(q).
(Prior code ~ 2-403)
14.04.170 Referendum required for imposition of tax.
Prior to the imposition of an ad valorem levy to extend not longer than two years and such that it may cause the total
Inillage in the district to exceed ten (10) mills or prior to the imposition of an ad valorem levy to be pledged for any form of
indebtedness as described in Article VII, Section 12, Florida Constitution, a referendum election must he held and passed
favorably by a Inajority of those electors voting in the election. The procedure shall be as follows:
A. The board of county commissioners, by resolution, shall request that the supervisor of elections conduct a referen-
dum election within the territorial boundary of the district. In addition, the election procedure, including notice and the form
of the ballot question, shall be in a manner conforming to general law .
B. The proposed levy shall be deemed to have passed when a majority of the electors voting in the referendum" election
shall have voted for the levy or levies described in the ballot.
The proposed levy, if authorized by the electors and thereafter levied by the board of county commissioners, shall only
be used for the purposes set forth on the ballot. (Prior code S 2-404)
14.04.180 Payment of expenses authorized.
The governing body is authorized to pay from the funds of the district all expenses necessarily incurred in the formation
of the district. (Prior code ~ 2-405)
14.04.190 Effective date of amendments.
Any amendment changing the boundaries of the district shall not be effective in the following fiscal year unless done
before the first day of January which is prior to the commencement of the fiscal year. Any change in district purpose shall
not be effective in the following fiscal year unless done before the first day of July which is prior to the COInmencement of
the fiscal year, unless the consent of the property appraiser is obtained. (Prior code ~ 2-406)
14.04.200 Effect on previous legislation.
A. Nothing contained in this chapter shall be construed to alter or vitiate any existing ordinance, resolution, general or
special law, regardless of whether the ordinance, resolution, general or special law is procedural or substantive, whose sub-
ject Inatter touches upon the purposes of the district enumerated in Section 14.04.0 I o. Additionally, nothing in this chapter
shall be construed to in any way alter, obstruct or prevent the board of county commissioners froln exercising their author-
ity, granted by general or special law, in regard to any subject which may involve the purposes enumerated in Section
14.04.0 10.
B. Nothing in this chapter shall be construed to in any way cancel or modify the term of any contract existing on the
effective date of this chapter between Monroe County and any person or persons, real or incorporeal, and regardless of the
subject matter of the contract. (Prior code S 2-407)
650
Sections:
14.08.0 10
14.08.020
14.08.030
14.08.040
14.08.050
14.08.060
14.08.070
14.08.080
14.08.090
14.08.100
14.08.110
14.08.120
14.08.130
14.08.140
14.08.150
14.08.160
14.08.170
14.08.180
14.08.190
14.08.200
14.08.210
14.08.220
14.08.230
14.08.010
Chapter 14.08
MUNICIPAL SERVICE TAXING BENEFIT DISTRICTS CREATED
I n co rpo ra tio n- 80 u nda ries.
Each district to be separate political entity.
Interlocal agreements with municipalities.
Governing body.
Auditing of books.
Power to purchase, hold property.
Authority to borrow.
Deposit, handling funds.
Lawful uses of funds.
Authority to purchase services.
Interlocal agreements.
Duties of officers of board.
Annual report of board-Fiscal year.
Funds to be paid out only on warrant of clerk.
Tax levy-Generally.
Tax levy-When referendum is required.
Organizational and administrative expenses.
Yearly publication of income statement required.
Voter approval of obligations.
Damaging property of districts-Punishment.
Amendments.
Authority for projects-Jurisdiction of board-Exemption from licensing, requirements.
Local road patrol law enforcement district.
14.08.010 Incorporation-Boundaries.
Upon this chapter becoming a law, all of the unincorporated lands in the county shall become and be incorporated into
thirteen (13) municipal service taxing or benefit units, as authorized by F.S. Ch. 125, as amended by Chapter 75-63, Laws
of Florida, for the purpose of providing municipal services as hereinafter described within the territorial limits of each dis-
trict financed from ad valorem taxes levied and user fees collected within each district only, each of which shall be a public
corporation to be known as and having the following territorial boundaries:
A. 1. Stock Island municipal service district: located between Cow Key Channel east to Boca Chica Channel.
2. Big Coppitt municipal service district: located between Boca Chica Channel east to Shark Channel.
3. Sugarloaf municipal service district: located between Shark Channel east to Kemp Channel.
4. Big Pine ITIunicipal service district: located between Kemp Channel and the Seven Mile Bridge.
B. District 2: Little Duck Key north to Banana Boulevard, Valhalla Beach and the city of Key Colony Beach, Florida.
C. District 3: from Banana Boulevard, Valhalla Beach north to Long Key Bridge.
D. District 4: between the Long Key Bridge and mile marker 90.7.
1. Long Key municipal service district: located from Long Key Bridge north up to Craig Key, including the city of
Layton, Florida.
2. Islamorada municipal service district: located from and including Craig Key north to Snake Creek.
E. District 5: from mile marker 90.7 to the Dade/Monroe County line and any mainland portions of Monroe County.
F. District 6: that part of Key Largo from South Bay Harbor Drive and Lobster Lane to the southern boundary of the
intersection of the right-of-way County roads 905 and 905A, plus Cross Key.
G. District 7: that part of Key Largo north of the boundary of District 6.
65]
14.08.020
H. District 8: all other properties situated in the unincorporated areas of Monroe County, Florida, not included within
any of the above delineated seven districts, including in said District 8 all of those properties situated on the mainland of the
state of Florida between Dade and Collier Counties, and including all keys not connected to U.S. 1.
I. Local road patrol law enforcelnent district. The district consists of the following areas: the unincorporated area of
Monroe County~ and subject to the approval of their respective governing bodies as provided in Section 14.08.230(G), the
following municipalities: Key Colony Beach~ Layton~ Islamorada~ Marathon; Key West; and any municipality that incorpo-
rates after the effective date of this subsection (See Section 14.08.230 for specific district regulations). (Prior code ~ 2-235)
14.08.020 Each district to be separate political entity.
Each district shall be a separate and distinct political entity from the board of county commissioners and all revenues of
each district established hereunder shall be separate and distinct from the general revenues of the county, and shall be sepa-
rate and distinct from each other municipal service and/or benefit district and each districfs revenues shall be carried as a
supplement to the county general revenue funds and the end of the year surpluses of each district's revenues, ifany, shall be
carried over in that districfs budget froln fiscal year to fiscal year. (Prior code ~ 2-236)
14.08.030 Interlocal agreements with municipalities.
At any time after this chapter becomes law, any or all of the incorporated lnunicipalities in the county may by adoption
of an ordinance setting forth their agreement to becolne a member of a district, elect to participate in one of the taxing
and/or benefit units created hereby. Thereafter the municipality and lands located therein shall be subject to the provisions
of this chapter, and the municipality shall be entitled to voting lnembership in the district, and the municipality shall by
resolution directed to the board of county comlnissioners appoint two of its cOlnmission members to sit upon the board.
(Prior code ~ 2-237)
14.08.040 Governing body.
A. The governing body of each newly created district hereinafter termed ~'the district" or ~~such district," shall be
known and designated as the board of county comlnissioners, but may consist of city cOlnmissioners in the case of adoption
of municipal ordinance electing membership in a district, in which case the governing board shall consist of three county
commissioners and two city commissioners, the members to be named by the respective boards by resolution. Such board~
constituted under the ordinance, shall have all the power of a body corporate, including the power to contract, interlocally~
under the provisions ofF.S Ch. 163, or otherwise, and to be contracted with in behalfofeach district; to sue and to be sued:
to adopt and use a common seal and to alter the same at pleasure~ to acquire, to purchase, hold, lease and convey such real
estate and personal property, including equipment, as such board may deeln proper or expedient to carry out the purposes of
this chapter; to employ such experts, agencies and employees as such board may require or deem advisable; to borrow
money and to issue negotiable promissory notes, certificates of indebtedness as hereinafter provided~ and to generally exer-
cise the powers of a public authority organized and existing for the purpose of providing fire protection, ambulance service~
street lighting, parks and recreation within the territorial limits of each district.
B. The board shall at all times consist of no less than five members, no less than three of whom shall be county com-
Inissioners and no more than two of whom shall be city comlnissioners. The members of the board shall serve until their
respective terms as county or city commissioners shall expire or until such time as their successors are appointed. It shall be
an essential qualification that the membership of the board be county and/or city cOlTIlnissioners.
C. As soon as practicable, after this chapter becomes a law, the board of each newly created district shall meet and
organize by the election froln their board, a chairperson and a vice-chairperson. The clerk of the circuit court of the 16th
Judicial Circuit of the state of Florida, as ex officio clerk of the board of county commissioners, shall be the ex officio clerk,
auditor, recorder of the minutes and accounts and custodian of each districfs funds. Three members of the board shall con-
stitute a quorum. A Inajority of a quorum shall be necessary for the transaction of business. The chairperson shall vote at all
meetings of the board.
D. The board shall not receive compensation for their service upon such board.
E. The governing body of the several special taxing districts shall have the right to establish rates of user fees by reso-
lution. (Prior code ~ 2-238)
652
] 4.08.050
14.08.050 Auditing of books.
The books of each district created under this chapter shall be audited by the same officers and in like manner as the
books of county officers. (Prior code ~ 2-239)
14.08.060 Power to purchase, hold property.
The board shall have the power and authority to hold~ control and acquire~ by right ofpurchase~ for the use of each dis-
trict~ any real or personal property and to pay the purchase price in installments or deferred payments. (Prior code * 2-240)
14.08.070 Authority to borrow.
The board is authorized and elnpowered~ in order to carry out the purpose of this chapter~ to borrow money and issue
certificates of indebtedness therefor upon such tenns and at such rates of interest as the board may deem advisable and in
accordance with the provisions of Article VIL Section 12 of the Florida Constitution of 1968 and F. S. Ch. 125 and other
special and general laws and such certificates of indebtedness may be a charge upon all revenues derived from taxes in that
year or may be made payable from budgetary requirements in due course of law~ as the board may elect. (Prior code
* 2-24])
14.08.080 Deposit, handling funds.
The funds of each district created under this chapter shall be deposited in the name of the district in a bank authorized to
receive deposits of county funds~ which bank shall be designated by a resolution of the board. Such designation of such
bank~ for deposit offunds therein~ shall be the exercise of due care and diligence on the part of the clerk for the safekeeping
of the funds. No funds of a district shall be paid or disbursed save and except by warrant~ signed by the chairperson of the
board and attested to by the clerk. (Prior code ~ 2-242)
14.08.090 Lawful uses of funds.
No funds of districts set out in Section] 4.08.0 1 O(A) through (D) created under this chapter shall be used for any purpose
other than the administration of the affairs and business of such district~ for the construction~ care~ Inaintenance~ upkeep~
operation and purchase of law enforcement, beach erosion control, recreation service and facilities~ streets~ sidewalks~ street
lighting, drainage or transportation equipment as the board may determine. No funds of districts set out in Section
14.08.01 O(E) through (H) created under this chapter shall be used for any purpose other than the administration of the af-
fairs and business of such district~ for the construction~ care~ maintenance~ upkeep, operation and purchase of fire fighting~
ambulance service~ law enforcement~ beach erosion control~ recreation service and facilities~ streets~ sidewalks~ street light-
ing~ drainage or transportation equipment for the district as the board may determine. (Prior code ~ 2-243)
14.08.100 Authority to purchase services.
The board of districts set out in Section 14.08.01 O(A) through (0) created under this chapter shall have the power and
authority to acquire by gift or purchase and to pay the purchase price for such law enforcement~ beach erosion control~ rec-
reation service and facilities~ streets, sidewalks~ street lighting, drainage and transportation equipment as is deemed reasona-
bly necessary for the providing of municipal services related thereto within each municipal taxing district and shall have
authority to hire such personnel or fund such services and prescribe rules and regulations pertaining thereto so long as the
saIne is not inconsistent with the provisions of general or special law.
The board of districts set out in Section 14.08.01 O(E) through (H) created under this chapter shall have the power and
authority to acquire by gift or purchase and to pay the purchase price for such fire protection~ ambulance service~ law en-
forcement~ beach erosion control~ recreation service and facilities~ streets~ sidewalks~ street lighting~ drainage and transporta-
tion equipml~nt as is deemed reasonably necessary for the providing of municipal services related thereto within each mu-
nicipal taxing district and shall have authority to hire such personnel or fund such services and prescribe rules and regula-
tions pertaining thereto so long as the saIne is not inconsistent with the provisions of general or special law. (Prior code
~ 2-244)
14.08.110 Interlocal agreements.
A. The board of each district created under this chapter shall have the power and express authorization to enter into
interlocal agreements with any municipality~ political subdivision~ agency~ or officer of the state~ including but not limited
653
14.08.120
to., state government., county., city~ school district., single or lnultipurpose special district., single or multipurpose public au-
thority~ to provide for joint exercise of any power., privilege or authority which such district lnay have in COlTIlnOn and
which each might exercise separately.
B. In the event an interlocal agreement is entered into between a district and a lTIunicipality., such agreelnent shall be in
cOlnpliance with the terms ofF.S. Ch. 163., and shall include an express provision as to how such lnunicipality shall pay for
its participation in a district which may be either froln funds derived frOln service charges., special assessments or taxes ilTI-
posed within such lnunicipality by such municipality or from budgetary paYlnents made in the due course of law froln such
municipality to the district. (Prior code 9 2-245)
14.08.120 Duties of officers of board.
The officers of the board of each district created under this chapter shall have the duties usually pertaining to., vested in.,
and incumbent upon., like officers. A record shall be kept of all meetings of such board. The board may adopt such rules and
regulations as it may deeln necessary in and about the transaction of its business., and in carrying out the provisions of this
chapter. (Prior code ~ 2-246)
14.08.130 Annual report of board-Fiscal year.
A. The board of each district created under this chapter shall., on or before the first day of November., make an annual
report of its actions and accounting of its funds as of the thirtieth (30th) day of September of each year in a manner and in
accordance with the provisions of general and special law as that as is required by the county and shall file such report in the
office of the clerk of the circuit court of this county., whose duty it shall be to receive and file such report and hold and keep
the same as a public record.
B. The fiscal year of each district is fixed as comlTIencing on October 1 st and ending on September 30th. (Prior code
9 2-247)
14.08.140 Funds to be paid out only on warrant of clerk.
The funds of each district created under this chapter shall be paid out only upon warrant signed by the chairperson of the
board and attested to by the clerk and having thereto affixed the corporate seal of the district~ and no warrant shall be drawn
or issued against funds of any district except for a purpose authorized by this chapter., and no such warrant against funds of
any district shall be drawn or issued until after the account or expenditure for which the same is to be given in payment has
been ordered and approved by the board of the municipal taxing district. (Prior code ~ 2-248)
14.08.150 Tax levy-Generally.
A. The board of each municipal service taxing or benefit unit created by this chapter is authorized., empowered and
directed annually to levy upon all the real and personal taxable property., excluding homesteads., in each district., a sufficient
tax to pay the necessary costs for the maintenance., operation and support of the district as authorized by and within the liln-
its fixed for municipal purposes within each such municipal service taxing unit under the authority of the second sentence of
Section 9., Article VII of the State Constitution and F.S. S 125.0](1)(9).
B. The levy by such board of the taxes authorized by any provision of this chapter shall be by resolution of such board
duly entered upon the minutes of the board. Millage shall be set and ad valorem taxes levied thereon in accordance with the
provisions of general law and in like manner as required for the setting of lnillage and levy of ad valorem taxes by a county.
It shall be the duty of the county commissioners to order and require the county property appraiser to assess., and the county
tax collector to collect., the amount of taxes so assessed or levied by the board of commissioners of each district upon the
taxable property., including homesteads to the extent that taxes may be lawfully levied upon homesteads., in the district at the
rate of taxation adopted by the board of commissioners of the district for such year and included in the warrant of the prop-
erty assessor and attached to the assessment roll of taxes for such year and included in the warrant of the property assessor
and attached to the assesslnent roll of taxes for this county each year. The tax collector of the county shall collect such tax
so levied by such board in the same manner as other taxes are collected., and shall pay the saIne over to the board of the dis-
trict levied upon within the tilne and in the manner prescribed by law for the payment by the tax collector of county taxes
and shall be he Id by such board and paid out by theln as provided in this chapter. Tax certificates and tax deeds shall be is-
sued for all delinquent properties in accordance and in like manner as the same are authorized to be issued by F.S. Ch. 197
654
14.08.160
and other general and special law regulating the issuance of same for nonpaYlnent of delinquent county and ad valOrelTI
taxes.
C. It is herein determined and declared that the municipal service taxes herein provided for fITe protection, ambulance
service, la\" enforcement, beach erosion control, recreation service and facilities (including parks), streets, sidewalks, street
I ighting, drainage or transportation are where authorized as a district purpose, municipal assessments for municipal or pecu-
liar benefits accruing to the properties within each of the twelve (12) municipal taxing and/or benefit districts herein created
against which properties such levies are directed to be made. It is also herein found, determined and declared that fire pro-
tection, ambulance service, law enforcement, beach erosion control, recreation service and facilities (including parks),
streets, sidewalks, street lighting, drainage and transportation within the districts herein created are public purposes, and are
also county, district and lTIunicipal purposes where authorized as an enumerated district purpose. (Prior code S 2-249)
14.08.160 Tax levy-When referendum is required.
A. Annually., commencing with fiscal year 1978-1979, the board may, without referendum election., levy ad valOrelTI
taxes within each or any of such municipal districts for necessary operational and maintenance expenses for fire protection.,
law enfOrCelTIent., ambulance service, beach erosion control, recreational service and facilities, streets, sidewalks, street
lighting, drainage and transportation. In addition, the board may, without referendum election, levy ad valorem taxes within
each or any of such ITIunicipal districts for purchases of items of capital equipment the cost of which does not exceed five
thousand dollars ($5000.00) per item.
B. Prior to the imposition of an ad valorem levy to be pledged for any fonTI of indebtedness for which a referendum is
required by Article VII, Section 12, Florida Constitution, or when otherwise required by general or special law, a referen-
dum election must be held and passed favorably by a majority of those electors voting in the election. The procedure shall
be as follo\\'s:
I. Tht: board of county commissioners, by resolution, shall request that the supervisor of elections conduct a referen-
dUlTI election within the territorial boundary of the district. In addition, the election procedure, including notice and the form
of the ballot question, shall be in a manner conforming to general law .
2. Tht~ proposed levy request shall be deemed to have passed when a majority of the electors voting in the referendum
election shall have voted for the levy or levies described in the ballot.
The proposed levy, if authorized by the electors and thereafter levied by the board of county commissioners, shall only
be used for the purposes set forth on the ballot. (Prior code S 2-250)
14.08.170 Organizational and administrative expenses.
The board is authorized to pay from the funds of each district created under this chapter all expenses of the organization
of such board and all expenses necessarily incurred in the formation of each district and all other reasonable and necessary
expenses of an attorney in the transaction of the business of the district, and in carrying out and accomplishing the purposes
of this chapter. (Prior code S 2-251)
14.08.180 Yearly publication of income statement required.
At least once in each year, the board shall publish once in a newspaper published in this county a complete detailed
statement of all moneys received and disbursed by them since the creation of each district, as to the first published statement
and since the last published statement as to any other year. Such statements shall also show the several sources froln which
such funds \vere received and shall show the balance on hand at the time of the published statement. It shall show a com-
plete statemlent of the condition of each district. (Prior code S 2-252)
14.08.190 Voter approval of obligations.
When required by the laws of the state, any obligation issued or incurred by any district shall be approved by the quali-
fied electors. (Prior code S 2-253)
14.08.200 Damaging property of districts-Punishment.
Whoever shall wilfully damage any of the property in any district created under this chapter shall be punished as pro-
vided in the general law for punishments for malicious injury to property. (Prior code ~ 2-254)
655
14.08.210
14.08.210 Amendments.
This chapter may be subsequently amended by the saIne procedure as in its original enactlnent. (Prior code ~ 2-255)
14.08.220 Authority for projects-Jurisdiction of board-Exemption from licensing, requirements.
A. This chapter is full authority for the establishment of district projects.
B. The board of districts set out in Section 14.08.01 O(A) through (D) shall have jurisdiction and control over all of
each district~ including~ but not limited to~ all law enforcement~ beach erosion control, recreation service and facilities (in-
eluding parks)~ streets~ sidewalks~ street lighting~ drainage and transportation facil ities to the full extent that such board may
exercise valid jurisdiction therein.
C. The board of districts set out in Section 14.08.01 O(E) through (H) shall have jurisdiction and control over all of
each district~ including~ but not lilnited to~ all fire protection~ alnbulance service~ law enforcelnent~ beach erosion control~
recreation service and facilities (including parks)~ streets~ sidewalks~ street lighting~ drainage and transportation facilities to
the full extent that such board may exercise valid jurisdiction therein. (Prior code S 2-256)
14.08.230 Local road patrol law enforcement district.
A. There is created a municipal service taxing unit for the purpose of providing the following essential municipal ser-
vice: local road patrol law enforcement services. The taxing unit is to be known as the Monroe County local road patrol law
enforcelnent district~ hereafter the \'''district.'~ For the purposes of this section, lo"local road patrol law enforcement service~'
nleans regularly scheduled patrol by uniformed law enforcement officers in marked patrol cars whose full-titne duty as-
signment involves responding to calls for service and engaging in crime prevention activities, sergeants who provide tlrst-
line supervision to those officers~ and general case detectives not assigned to investigate major crimes or function as crime
scene technicians.
B. In carrying out the district purpose~ the district is to be financed by ad valorem taxes collected within the district.
Nothing in this section prevents the sheriff of Monroe County from charging fees for services rendered to specific persons
for enhanced service (e.g. increased security at festivals and sporting events) so long as the fees are established in a uni-
formly applicable schedule approved by the sheriff.
C. Subject to subsection G of this section, the governing body of the district is the board of county commissioners~
hereafter the lo"board." Members will not receive additional cOInpensation for their board service.
D. The board has the power to: levy ad valorem taxes as provided by generallaw~ make all necessary paYlnents to the
sheriff of Monroe County for carrying out the district purpose~ enter into interlocal agreements under F.S. ~ 163.01: to enter
into contracts on behalf of the district: to sue and be sued~ to adopt and use a cOlnmon seal~ to exercise the power of con-
demnation as provided by generallaw~ to otherwise acquire by gift~ negotiated purchase, or installment paYlnent, real estate
and personal property inc luding equipment and lease and convey the saIne, as provided by generallaw~ elnploy experts,
agencies and elnployees proper and expedient to carry out the district purpose~ to borrow money and issue negotiable prom-
issory notes, bonds or other certificates of indebtedness, as provided by generallaw~ and to exercise all powers granted by
general law to municipal service taxing units created pursuant to F.S. ~ 125.01(1).
E. 1. The clerk of the circuit court, 16th Judicial Circuit~ the ex officio clerk to the board of county cOlnlnissioners~
is the ex officio clerk~ auditor, recorder of minutes and accounts, and the custodian of the district funds unless or until the
funds are transferred to the sheriff of Monroe County.
2. Except as provided in subsection (E)(3) of this section~ the district books must be audited by the same county offi-
cers, employees or independent auditors, and in a similar manner as the books of other county departments in confonnity
with applicable law and generally accepted accounting principles.
3. The clerk Inust not cOlnmingle district funds with other county revenues and Inust Inaintain the district funds in an
account or fund apart from other county funds or revenue. District revenue not needed for immediate expenditure must be
invested by the clerk in the same manner as other county surplus funds are invested. However, nothing in this subdivision
prevents the board froln transferring district funds to the sheriff of Monroe County pursuant to F .S. ~ 30.50, for the purpose
of providing local road patrol law enforcelnent services within the district. In that case, the sheriff is the custodian of the
district funds so transferred and must account for those funds as provided by general law .
F. District funds may only be expended for the following purposes:
I. Payments to the sheriff of Monroe County for the provision of local road patrol law enforcement services within the
district:
656
14.08.230
2. Compensation to district employees~ consultants~ experts and independent contractors~ not elnployed or hired by the
sheriff~ when authorized by the board~
3. The purchase~ construction, care, maintenance and operation of real and personal property necessary for carrying
out the district purpose~ as authorized by the board~
4. The repaYlnent of all debts lawfully incurred under this section or pursuant to general law.
G. I. Any or all of the municipalities of Key Colony Beach~ Layton, Islamorada, Marathon~ Key West~ and any Inu-
nicipality that incorporates after the effective date of this section will be included within the district upon such municipal-
ity(ies) passing a Inunicipal ordinance approving inclusion before January I st immediately prior to the cOlnmencement of
the fiscal year for which the municipality wishes to be included.
2. If one of the municipalities (enulnerated in Section 14.08.010(1)) passes a timely ordinance electing to join the dis-
trict~ then the board will consist of four county commissioners and one member of the city council. If two municipalities
elect to join the district, then the board will consist of three county commissioners and a city council melnber from each
Inunicipality. Ifmore than two municipalities elect to join the district~ then the board will consist of three county commis-
sioners and a city council member from the two municipalities with the highest and next highest population~ as determined
from the Inost recently available census data. The county comlnission and city councils must designate their Inembers by
resolution.
H. 1. The board is authorized and empowered to annually levy upon all the real and personal property within the
district., including participating municipalities, a sufficient tax to pay all the necessary costs of whatever kind~ including
capital expe:nditures, as authorized by this section within the limits established for municipal service taxing units under Ar-
ticle 7, Section 9(b)~ Florida Constitution~ F.S. S 125.01(1)~ and F.S. S 200.071(3).
2. Thl~ levy by the board of the taxes authorized by any provision of this section must be by resolution of the board
duly entered upon the minutes of the board. Millage must be set and ad valorem taxes levied thereon in accordance with the
provisions of general law and in like manner as required for the setting of millage and levy of ad valorem taxes by a county.
It is the duty of the board to order and require the property appraiser to assess~ and the tax collector to collect, the amount of
taxes so assl~ssed or levied by the board upon the taxable property in the district at the rate of taxation adopted by the board
for the year. The tax collector must collect such tax so levied by the board in the same manner as other taxes are collected~
and Inust pay the saIne over to the board within the time and in the Inanner prescribed by law for the payment by the tax
collector of county taxes and which taxes then must be held by the board and paid out as provided in this section. Tax cer-
tificates and tax deeds must be issued for all delinquent properties in accordance with and as required by F.S. eh. 197, and
other applicable law regarding the issuance of same for nonpayment of delinquent county ad valorem taxes.
3. Tht~ board of county commissioners has determined that the district ad valorem taxes provided for in this section
and the local road patrol law enforcement service authorized herein are municipal taxes for Inunicipal benefits accruing to
the propertil~s within the district upon which the ad valorem levies are directed to be made. The board of county commis-
sioners also finds and determines and declares that the local road patrol law enforcement service authorized in this section is
a public purpose and essential municipal service under F .S. S 125.0 I (1)( q).
I. Tht~ board is authorized to pay from the funds of the district all expenses necessarily incurred in the formation of
the district.
J. Tht~ officers of the board have the duties, whether mandated by statute or common law, usually pertaining to~ vested
in~ and inculnbent upon like officers. A record must be kept of alllneetings of the board. The board may adopt the rules and
regulations iit deems necessary for the transaction of its business~ and in carrying out the provisions of this section. (Prior
code ~ 2-257)
657
14.12.010
Chapter 14.12
MARATHON MUNICIPAL SERVICE TAXING UNIT
Sections:
14.12.010
14.12.020
14.12.030
14.12.040
14.12.050
Title.
Authority and purpose.
Creation of municipal service taxing unit.
Authorization of ad valorem taxes.
Use of revenue-Implementation.
14.12.010 Title.
This chapter may be cited as the "~Marathon Municipal Service Taxing Unit." (Prior code ~ 15.5-81)
14.12.020 Authority and purpose.
A. This chapter is enacted under the authority of Article VIII~ Section 1 ~ Florida Constitution~ and F.S. ~~ 125.01 and
125.66. The board of county commissioners (the "~board") of Monroe County~ Florida~ has all powers of local self-
govemlnent to perform county and municipal functions and to render services in a manner not inconsistent with general law
and such power may be exercised by the enactment of county ordinances and resolutions.
B. F.S. ~ 125.01 (I )(q)~ provides specific legislative authorization for counties to establish a municipal service taxing
unit for any part or all of the unincorporated areas within its boundaries~ or within the municipal boundaries of an incorpo-
rated area upon consent of the governing body of such municipality~ within which may be provided essential facilities and
serVIces.
C. The purpose of this chapter is to create a municipal service taxing unit to fund the provision of municipal services
associated with the administration., planning and development of wastewater and reclaimed water projects within the lTIU-
nicipal service taxing unit as generally described in Section 14.12.030. This chapter shall be liberally construed to effect the
purposes hereof.
D. This chapter is adopted to fulfill the obligation of the board under an interlocal agreelnent by and between the board
and the Florida Keys Aqueduct Authority (the ""authority"~) to provide limited funding source for the reimbursement and
provision of Inunicipal services relating to administration~ planning and deve lopment of wastewater and reclaimed water
projects (the lo"interlocal agreelnent"'~). (Prior code ~ 15.5-82)
14.12.030 Creation of municipal service taxing unit.
A. Pursuant to the provisions ofF. S. ~ 125.0 1(1 )( q)., there is created a municipal service taxing unit for that portion of
the county within the incorporated area of the city of Marathon. Such municipal service taxing unit shall be known as the
Marathon municipal service taxing unit. Alllnatters concerning such municipal service taxing unit shall be governed by the
board.
B. The boundaries of the Marathon municipal service taxing unit are also described in Exhibit A., attached to the ordi-
nance codified in this chapter., and incorporated by reference.
C. From tilDe to time the board may by resolution take any action not inconsistent with this chapter or the interlocal
agreelnent to assist the authority in funding the administration., planning and development of wastewater and reclaimed wa-
ter projects within and benefiting the Marathon municipal service taxing unit. (Prior code ~ 15.5-83)
14.12.040 Authorization of ad valorem taxes.
A. The board is authorized~ in the manner and under the authority provided by F .S. ~ 125.0 I (1)( q) and (r)~ to levy and
collect additional ad valorem taxes at a millage rate not to exceed 0.77 mil upon real and personal property within the Mara-
thon municipal service taxing unit commencing with county fiscal year 2003-2004. The foregoing millage limitation shall
not be increased without the city council of the city of Marathon first adopting an ordinance consenting thereto.
B. The collection of ad valorem taxes as authorized herein shall cease after four consecutive fiscal years and the Mara-
thon municipal service taxing unit shall terminate at the end of county fiscal year 2007-2008. (Prior code ~ 15.5-84)
658
14.12.050
14.12.050 Use of revenue-Implementation.
A. Revenues derived from ad valorelTI taxes levied within the Marathon lTIunicipal service taxing unit pursuant to Sec-
tion 14.12.040 shall be used solely to pay for and provide funding for adlTIinistration, planning and developlTIent costs asso-
ciated with and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Marathon ITIU-
nicipal service taxing unit.
B. The board shall adopt a budget for the Marathon municipal service taxing unit for the fiscal year beginning October
1, 2003, and each year thereafter at the same time and in the same ITIanner as the county budget. Such budget shall contain
all or such portions of the costs incurred and planned in conjunction with the funding of municipal services contracted to be
provided by the authority under any interlocal agreement. (Prior code ~ 15.5-85)
659
14.16.010
Chapter 14.16
CONCH KEY MUNICIPAL SERVICE TAXING UNIT
Sections:
14.16.010
14.16.020
14.16.030
14.16.040
14.16.050
Title.
Authority and purpose.
Creation of municipal service taxing unit.
Authorization of ad valorem taxes.
Use of revenue-Implementation.
14.16.010 Title.
This chapter Inay be cited as the ~~Conch Key Municipal Service Taxing Unit.~~ (Prior code ~ 15.5-91)
14.16.020 Authority and purpose.
A. This chapter is enacted under the authority of Article VIII~ Section 1 ~ Florida Constitution~ and F.S. ~~ 125.01 and
125.66. The board of county comlnissioners (the ~~board~~) of Monroe County~ Florida~ has all powers of local self-
governlnent to perfonn county and municipal functions and to render services in a manner not inconsistent with general law
and such power may be exercised by the enactment of county ordinances and resolutions.
B. F.S. ~ 125.01 (1 )(q) provides specific legislative authorization for counties to establish a municipal service taxing
unit for any part or all of the unincorporated areas within its boundaries~ or within the municipal boundaries of an incorpo-
rated area upon consent of the governing body of such Inunicipality~ within which Inay be provided essential facilities and
serVIces.
C. The purpose of this chapter is to create a municipal service taxing unit to fund the provision of municipal services
associated with the administration~ planning and development of wastewater and reclaimed water projects within the mu-
nicipal service taxing unit as generally described in Section 14.16.030. This chapter shall be liberally construed to effect the
purposes hereof. .
D. This chapter is adopted to fulfill the obligation of the board under an interlocal agreelnent by and between the board
and the Florida Keys Aqueduct Authority (the ~~authority") to provide limited funding source for the reimburselnent and
provision of municipal services relating to adlninistration~ planning and development of wastewater and reclaimed water
projects (the ~~interlocal agreement"). (Prior code ~ 15.5-92)
14.16.030 Creation of municipal service taxing unit.
A. Pursuant to the provisions ofF.S. S 125.01 (1)( q)~ there is created a municipal service taxing unit for that portion of
the unincorporated areas of the county. Such municipal service taxing unit shall be known as the Conch Key municipal ser-
vice taxing unit. All matters concerning such municipal service taxing unit shall be governed by the board.
B. The boundaries of Conch Key municipal service taxing unit are more particularly described in Exhibit A~ attached
to the ordinance codified in this chapter~ and incorporated by reference.
C. From time to time the board may by resolution take any action not inconsistent with this chapter or any interlocal
agreement to assist the authority in funding the administration~ planning and development of wastewater and reclaimed wa-
ter projects within and benefiting the Conch Key municipal service taxing unit. (Prior code ~ 15.5-93)
14.16.040 Authorization of ad valorem taxes.
A. The board is authorized~ in the manner and under the authority provided by F.S. S 125.01 (1 )(q) and (r)~ to levy and
collect additional ad valorem taxes at a millage rate not to exceed 0.70 Inil upon real and personal property within the Conch
Key municipal service taxing unit commencing with county fiscal year 2003-2004.
B. The collection of ad valorem taxes as authorized herein shall cease after four consecutive fiscal years and the Conch
Key municipal service taxing unit shall terminate at the end of county fiscal year 2007-2008. (Prior code ~ 15.5-94)
660
14.16.050
14.16.050 Use of revenue-Implementation.
A. Revenues derived from ad valOrelTI taxes levied within the Conch Key lTIunicipal service taxing unit pursuant to
Section 14.16.040 shall be used solely to pay for and provide funding for administration~ planning and developlTIent costs
associated \vith and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Conch Key
lTIunicipal service taxing unit.
B. Th~~ board shall adopt a budget for the Conch Key municipal service taxing unit for the fiscal year beginning Octo-
ber 1 ~ 2003~ and each year thereafter~ at the same time and in the same lTIanner as the county budget. Such budget shall con-
tain all or SUtch portions of the costs incurred and planned in conjunction with the funding oflTIunicipal services contracted
to be provided by the authority under any interlocal agreelTIent. (Prior code S 15.5-95)
661
14.20.010
Chapter 14.20
SAY POINT MUNICIPAL SERVICE TAXING UNIT
Sections:
14.20.010
14.20.020
14.20.030
14.20.040
14.20.050
Title.
Authority and purpose.
Creation of municipal service taxing unit.
Authorization of ad valorem taxes.
Use of revenue-Implementation.
14.20.010 Title.
This chapter lnay be cited as the "~Bay Point Municipal Service Taxing Unit.~~ (Prior code ~ 15.5-101)
14.20.020 Authority and purpose.
A. This chapter is enacted under the authority of Article VIII~ Section 1 ~ Florida Constitution~ and F .S. ~~ 125.01 and
125.66. The board of county comlnissioners (the "~board") of Monroe County~ Florida~ has all powers of local self-
government to perform county and municipal functions and to render services in a manner not inconsistent with general law
and such power may be exercised by the enactment of county ordinances and resolutions.
B. F .S. ~ 125.0 I ( 1)( q) provides specific legislative authorization for counties to establish a municipal service taxing
unit for any part or all of the unincorporated areas within its boundaries~ or within the municipal boundaries of an incorpo-
rated area upon consent of the governing body of such municipality~ within which may be provided essential facilities and
services.
C. The purpose of this chapter is to create a municipal service taxing unit to fund the provision oflnunicipal services
associated with the adlninistration~ planning and development of wastewater and reclaimed water projects within the mu-
nicipal service taxing unit as generally described in Section 14.20.030. This chapter shall be liberally construed to effect the
purposes hereof.
D. This chapter is adopted to fulfill the obligation of the board under an interlocal agreement by and between the board
and the Florida Keys Aqueduct Authority (the "~authority~') to provide limited funding source for the reimbursement and
provision of lnunicipal services relating to adlninistration~ planning and development of wastewater and reclaimed water
projects (the ~~interlocal agreelnenf'). (Prior code ~ 15.5- J 02)
14.20.030 Creation of municipal service taxing unit.
A. Pursuant to the provisions ofF .S. ~ 125.01 (1)( q), there is created a municipal service taxing unit for that portion of
the unincorporated areas of the county. Such municipal service taxing unit shall be known as the Bay Point municipal ser-
vice taxing unit. All matters concerning such municipal service taxing unit shall be governed by the board.
B. The boundaries of Bay Point municipal service taxing unit are more particularly described in Exhibit A, attached to
the ordinance codified in this chapter~ and incorporated by reference.
C. From time to time the board may by resolution take any action not inconsistent with this chapter or any interlocal
agreement to assist the authority in funding the administration~ planning and development of wastewater and reclailned wa-
ter projects within and benefiting the Bay Point lnunicipal service taxing unit. (Prior code ~ ] 5.5-] 03)
14.20.040 Authorization of ad valorem taxes.
A. The board is authorized~ in the manner and under the authority provided by F. S. ~ 125.0] ( 1 )( q) and (r)., to levy and
collect additional ad valorem taxes at a millage rate not to exceed 0.70 lnil upon real and personal property within the Bay
Point municipal service taxing unit commencing with county fiscal year 2003-2004.
B. The collection of ad valorem taxes as authorized herein shall cease after four consecutive fiscal years and the Bay
Point lnunicipal service taxing unit shall terminate at the end of county fiscal year 2007-2008. (Prior code ~ 15.5-] 04)
662
14.20.050
14.20.050 Use of revenue-Implementation.
A. Revenues derived from ad valorem taxes levied within the Bay Point municipal service taxing unit pursuant to Sec-
tion 14.20.040 shall be used solely to pay for and provide funding for administration~ planning and developlnent costs asso-
ciated with and incurred in advancing of wastewater and reclaiIned water projects within and benefiting the Bay Point Inu-
nicipal service taxing unit.
B. The board shall adopt a budget for the Bay Point municipal service taxing unit for the fiscal year beginning October
1 ~ 2003~ and each year thereafter at the same time and in the same manner as the county budget. Such budget shall contain
all or such portions of the costs incurred and planned in conjunction with the funding oflnunicipal services contracted to be
provided by the authority under any interlocal agreement. (Prior code ~ 15.5-105)
663
14.24.0 I 0
Chapter 14.24
BIG COPPITT MUNICIPAL SERVICE TAXING UNIT
Sections:
14.24.010
14.24.020
14.24.030
14.24.040
14.24.050
Title.
Authority and purpose.
Creation of municipal service taxing unit.
Authorization of ad valorem taxes.
Use of revenue-Implementation.
14.24.010 Title.
This chapter Inay be cited as the ~~Big Coppitt Municipal Service Taxing Unit." (Prior code ~ 15.5-111)
14.24.020 Authority and purpose.
A. This chapter is enacted under the authority of Article VIII, Section I, Florida Constitution~ and F .S. ~ ~ 125.0 I and
125.66. The board of county cOlnmissioners (the ~"board") of Monroe County, Florida, has all powers of local self-
government to perform county and municipal functions and to render services in a manner not inconsistent with general law
and such power may be exercised by the enactment of county ordinances and resolutions.
B. F .S. ~ 125.0 I (1)( q) provides specific legislative authorization for counties to establish a municipal service taxing
unit for any part or all of the unincorporated areas within its boundaries, or within the municipal boundaries of an incorpo-
rated area upon consent of the governing body of such municipality, within which may be provided essential facilities and
services.
C. The purpose of this chapter is to create a municipal service taxing unit to fund the provision of municipal services
associated with the adlninistration~ planning and development of wastewater and reclaimed water projects within the Inu-
nicipal service taxing unit as generally described in Section 14.24.030. This chapter shall be liberally construed to effect the
purposes hereof.
D. This chapter is adopted to fulfill the obligation of the board under an interlocal agreement by and between the board
and the Florida Keys Aqueduct Authority (the ~~authority") to provide litnited funding source for the reitnburselnent and
provision oflnunicipal services relating to administration, planning and development of wastewater and reclaimed water
projects (the ~~interlocal agreement"). (Prior code ~ 15.5-112)
14.24.030 Creation of municipal service taxing unit.
A. Pursuant to the provisions ofF.S. ~ 125.01 (I )(q), there is created a municipal service taxing unit for that portion of
the unincorporated areas of the county. Such municipal service taxing unit shall be known as the Big Coppitt municipal ser-
vice taxing unit. All matters concerning such municipal service taxing unity shall be governed by the board.
B. The boundaries of Big Coppitt Inunicipal service taxing unit are more particularly described in Exhibit A, attached
to the ordinance codified in this chapter, and incorporated by reference.
C. From tilne to titne the board may by resolution take any action not inconsistent with this chapter or any interlocal
agreement to assist the authority in funding the adlninistration, planning and development of wastewater and reclaimed wa-
ter projects within and benefiting the Big Coppitt Illunicipal service taxing unit. (Prior code ~ 15.5-113)
14.24.040 Authorization of ad valorem taxes.
A. The board is authorized, in the tnanner and under the authority provided by F.S. ~ 125.0 I (1)( q) and (r), to levy and
collect additional ad valorem taxes at a millage rate not to exceed 0.78 mil upon real and personal property within the Big
Coppitt municipal service taxing unit comlnencing with county fiscal year 2003-2004.
B. The collection of ad valorem taxes as authorized herein shall cease after four consecutive fiscal years and the Big
Coppitt municipal service taxing unit shall terminate at the end of county fiscal year 2007-2008. (Prior code ~ 15.5-114)
664
14.24.050
14.24.050 Use of revenue-Implementation.
A. Revenues derived from ad valorem taxes levied within the Big Coppitt municipal service taxing unit pursuant to
Section 14.24.040 shall be used solely to pay for and provide funding for administration, planning and developlnent costs
associated 'Nith and incurred in advancing of wastewater and reclaimed water projects within and benefiting the Big Coppitt
municipal service taxing unit.
B. The board shall adopt a budget for the Big Coppitt municipal service taxing unit for the fiscal year beginning Octo-
ber 1 ~ 2003., and each year thereafter at the same time and in the same Inanner as the county budget. Such budget shall con-
tain all or such portions of the costs incurred and planned in conjunction with the funding of municipal services contracted
to be provided by the authority under any interlocal agreelnent. (Prior code ~ 15.5-115)
665
14.28.010
Sections:
14.28.010
14.28.020
14.28.030
14.28.040
14.28.050
14.28.060
14.28.070
14.28.080
14.28.090
14.28.100
14.28.110
14.28.120
14.28.130
14.28.140
14.28.150
14.28.160
14.28.170
14.28.180
Chapter 14.28
MUNICIPAL SERVICE TAXING DISTRICT FOR GARBAGE
AND WASTE DISPOSAL
Esta blish mente
Interlocal agreements.
Governing body designated-Powers.
Composition- Terms.
Organization-Clerk-Quo rum- Voting.
Members not to receive compensation.
Acquisition of property-Hiring and regulation of personnel.
Participation by municipalities.
Authorization to issue obligations.
Officers-Record of meetings-Rules.
Annual report.
Disposition of funds.
Auditing of books.
Taxation, special assessment, service charge.
Payment of expenses.
Voters' approval of obligations.
Damaging property.
Intent of chapter.
14.28.010 Establishment.
A. All of the unincorporated lands in the county shall become and be incorporated into a municipal service taxing dis-
trict or benefit unit as authorized by F.S. Ch. 125., amended., for the purpose of providing garbage., trash., waste collection
and disposal within the territorial limits of such area which shall be a public corporation to be known as the Monroe County
municipal service district.
B. Any or all of the incorporated lands/municipalities in the county may., subject to the approval of the Monroe County
commission and pursuant to F.S. Ch. 125. by ordinance. duly regularly adopted by its respective governing body., elect to
participate in the municipal service taxing or benefit unit created hereby. (Prior code ~ 8-43)
14.28.020 Interlocal agreements.
A. The governing body of the district shall have the power and express authorization to enter into interlocal agree-
ments with any municipality., political subdivision., agency or officer of the state., including but not limited to state govern-
ments., county., city., school district., single- or multi-purpose special district., single- or multi-purpose public authority~ to
provide for joint exercise of any power., privilege or authority which the district may have in comlnon and which each might
exercise separately.
B. In the event an interlocal agreement is entered into between the district created by this chapter and a municipality.
the agreelnent includes an express provision as to how such Inunicipality shall pay for its participation in the district., which
may be either froln funds derived from service charges., special assessments or taxes ilnposed within such municipality by
such municipality or from budgetary payments made in the due course of law from such municipality or from such munici-
pality to the district. (Prior code ~ 8-44)
14.28.030 Governing body designated-Powers.
A. The governing body of the Monroe County Inunicipal service district, hereinafter tenned ~'the districf" or ~~such
district.,"" shall be known and designated as the board of county commissioners of Monroe County., Florida., hereinafter
termed ~'the board"" or "such board.'" Such board" constituted under this chapter., shall have all the powers of a body corpo-
rate., inc luding the power to contract., interlocally., under the provisions of F. S. Ch. 163., or otherwise., and to be contracted
666
14.28.040
with in behalf of the district; to sue and to be sued; to adopt and use a common seal and to alter the same at pleasure; to ac-
quire, to purchase, hold, lease and convey such real estate and personal property, including equipment, as the board may
deem prop(~r or expedient to carry out the purposes of this chapter; to employ such experts, agencies and employees as such
board may require or deem advisable; to borrow money and to issue negotiable promissory notes, certificates of indebted-
ness as hereinafter provided; and to generally exercise the powers of a public authority organized and existing for the pur-
pose of waste, garbage, trash collection and disposal within the territorial limits of the district.
B. This chapter is full authority for the establishment of district projects. The governing body shall have jurisdiction
and control over all of the district, including but not limited to all waste collection and disposal facilities, except to the ex-
tent otherwise provided in this chapter. It shall not be necessary for the district to obtain any license, permit or other au-
thorization from any board, commission or like instrumentality of the county or any political subdivision therein in order to
construct, reconstruct, acquire, extend, repair, improve, Inaintain or operate any project. (Prior code S 8-45)
14.28.040 Composition-Terms.
The gov,erning body of the district created by this chapter shall at all times consist of no less than five melnbers, who all
shall be county cOlnmissioners of Monroe County. The members of the board shall serve until their respective term as
county comlmissioners shall expire or until such time as their successor is appointed. It shall be an essential qualification
that the melmbership of the board be county commissioners of the county. (Prior code ~ 8-46)
14.28.050 Organization-Clerk-Quo rum-Voting.
The board of the district created by this chapter shall meet and organize by the election from their board ofa chairperson
and a vice-c:hairperson. The clerk of the circuit court of the 16th Judicial Circuit of the state, as ex officio clerk of the board
of county commissioners, shall be the ex officio clerk, auditor, recorder of the minutes and accounts and custodian of the
district funds. Three members of the board shall constitute a quoruln. A majority of a quoruln shall be necessary for the
transaction of business. The chairperson shall vote at all meetings of the board. (Prior code S 8-47)
14.28.060 Members not to receive compensation.
The govl~rning body of the district created by this chapter shall not receive compensation for their service upon such
board. (Prior code ~ 8-48)
14.28.070 Acquisition of property-Hiring and regulation of personnel.
A. The governing body of the district created by this chapter shall have the power and authority to hold, control and
acquire, by gift or purchase, for the use of the district, any real or personal property and to pay the purchase price in install-
ments or deferred payments.
B. Su(~h body shall have the power and authority to acquire by gift or purchase and to pay the purchase price for such
garbage, trash and waste collection and disposal equipment as is deemed necessary for the providing of municipal services
related then~to in the municipal taxing district; and shall have authority to hire garbage, trash and waste collection and dis-
posal personnel and to prescribe rules and regulations pertaining thereto so long as the same is not inconsistent with the
provisions of general or special law. (Prior code S 8-49)
14.28.080 Participation by municipalities.
Any or all of the incorporated lands/municipalities in the county may, subject to approval of the Monroe County com-
mission and pursuant to F.S. Ch. 125, by ordinance, duly and regularly adopted by its respective governing body, elect to
participate in the municipal service taxing or benefit unit created hereby. (Prior code S 8-50)
14.28.090 Authorization to issue obligations.
In order to implement the purposes contained in this chapter and to finance the cost of the acquisition, construction, im-
provement or equipment of solid waste disposal facilities in the district, the district is authorized to issue special assessment
or general obligation notes or certificates of indebtedness from time to time (the -"obligations"). Such obligations may be
issued in cOlLlpon form or fully registered form, and may be in such denomination or denominations, bear interest at such
rate or rates and shall mature at such time or times not exceeding fifty (50) years froln their date or dates as may be deter-
Inined by the governing body of the district prior to their issuance. The governing body of the district shall determine the
667
] 4.28. ] 00
place or places of payment of the principal of and interest on the obligations~ which may be at any bank or trust cOlnpany
within or without the state. The obligations shall be signed either by manual or facsilnile signatures of the chairperson and
clerk of the governing body of the district~ provided that such obligations shall bear at least one signature which is manually
executed thereon. The coupons attached to such obligations~ if any~ shall bear the facsimile signature or signatures of such
officer or officers as shall be designated by the governing body of the district. The obligations shall have the seal of the dis-
trict affixed~ ilnprinted~ reproduced or lithographed thereon~ all as may be prescribed in the resolution or resolutions author-
izing the issuance thereof. The obligations lnay be sold at public or private sale at such price or prices as the governing body
of the district shall detennine to be in its best interest~ provided that such price shall not be less than ninety-five (95) percent
of the par value of the obligations sold.
The principal of and interest on any obligations issued hereunder may be payable froln special assessments levied against
the property specially benefited by the acquisition~ construction~ itnprovement or equipment of the solid waste disposal fa-
cilities~ provided~ however~ such special assessments shall never exceed the amount by which such property is detennined to
be benefited. The obligations may be additionally payable from any other funds of the district derived from sources other
than ad valoreln taxes and legally available for such purposes.
Furthennore~ the principal of and interest on any obligations issued hereunder may be payable from ad valoreln taxes
levied within the district~ without lilnitation as to rate or amount or with such limitations as may be fixed by the governing
body of the district~ after the issuance of such obligations has been approved at a bond referendum duly called and held as
provided by law.
The district Inay ~ pursuant to resolution duly adopted~ issue obligations to refund any obligations issued pursuant to the
authority contained in this chapter and provide for the rights of the holders thereof. Such refunding obligations may be is-
sued in an alnount sufficient to pay the principal of the outstanding obligations: the interest due and payable on the out-
standing obligations to and including the first date upon which the outstanding obligations shall be callable prior to matur-
ity ~ the dates upon which the principal thereof shall mature, or any dates in between~ the redemption premiums, if any~ and
any expenses of the issuance and sale of such refunding obligations.
For the purpose of this section~ the cost of the solid waste disposal facilities may be deemed to include but not be limited
to the cost of acquisition of sites~ legal, engineering~ fiscaL architectural fees and fees of any other experts or consultants
employed by the district~ engineering or architectural studies~ preparation of surveys~ plats~ assessment rolls, plans and de-
signs for the facilities~ capitalization of interest for a reasonable period after issuance of the obligations~ capitalization of
reasonable debt service reserves for the paYlnent of the obligations~ prelniulns for municipal bond insurance policies~ the
obligations~ if any~ and such other expenses as are necessary~ incidental or appurtenant to the purposes authorized here-
under. (Prior code S 8-5 ] )
14.28.100 Officers-Record of meetings-Rules.
The officers of the governing body of the district created by this chapter shall have the duties usually pertaining to~
vested in and incumbent upon like officers. A record shall be kept of all meetings of such body. Such body may adopt such
rules and regulations as it may deem necessary in and about the transaction of its business, and in carrying out the provi-
sions of this chapter. (Prior code S 8-52)
14.28.110 Annual report.
The governing body of the district created by this chapter shall, in a manner and in accordance with the provisions of
general and special law as that as is required by the county, make an annual report and shall file such report in the office of
the clerk of the circuit court of Monroe County~ Florida~ whose duty it shall be to receive and file such report and hold and
keep the saIne as a public record. (Prior code ~ 8-53)
14.28.120 Disposition of funds.
The funds of the district shall be deposited in the name of the district in a bank authorized to receive deposits of county
funds, which bank shall be designated by a resolution of the board. Such designation of such bank for deposit of funds
therein shall be the exercise of due care and diligence on the part of the clerk for the safekeeping of such funds. Except as
may be provided in resolutions authorizing the issuance of obligations~ no funds of the district shall be paid out or disbursed
save and except by warrant signed by the chairperson of the governing body of the district and attested to by the clerk.
668
14.28.130
No funds of the district shall be used for any purpose other than the administration of the affairs and business of the dis-
trict~ for th(~ construction~ care~ maintenance~ upkeep~ operation and purchase of garbage, trash and waste collection and
disposal equipment for the district~ and for the payment of the principal of~ premium, if any ~ and interest on any obi igations
as Inay be detenn ined.
Except as may be provided in resolutions authorizing issuance of obligations~ the funds of the district shall be paid out
only upon vrarrant signed by the chairperson of the governing body and attested to by the clerk, and having thereto affixed
the issued against funds of the district except for a purpose authorized by this chapter~ and no such warrant against funds of
the district shall be drawn or issued until after the account or expenditure for which the same is to be given in paYITIent has
been ordered and approved by the board of the district. (Prior code ~ 8-54)
14.28.130 Auditing of books.
The books of the district created by this chapter shall be audited by the same officers and in like manner as the books of
Monroe COlllnty. (Prior code ~ 8-55)
14.28.140 Taxation, special assessment, service charge.
A. The governing body of the district created is authorized~ elnpowered and directed annually to levy upon all the real
and personal taxable property, including homesteads~ in the district~ a sufficient tax to pay the necessary costs for the main-
tenance, operation and support of the district.
B. The levy by the governing body of the taxes authorized by any provision of this chapter shall be by resolution of
such body duly entered upon the minutes of the body. Millage shall be set and ad valorem taxes levied thereon in accor-
dance with the provisions of general law and in like manner as required for the setting of millage and levy of ad valorem
taxes by a county. It shall be the duty of the county commissioners to order and require the county property appraiser to
assess and the county tax collector to collect the alnount of taxes so assessed or levied by such body upon the taxable prop-
erty~ including homesteads, to the extent that taxes may be lawfully levied upon homesteads, in such district at the rate of
taxation adopted by such body for such year and included in the warrant of the property assessor and attached to the assess-
Inent roll of taxes for the county each year. The tax collector shall collect such tax so levied by such body in the same Inan-
ner as other taxes are collected and shall pay the same over to the governing body of the Monroe County municipal service
district within the time and in the manner prescribed by law for the payment by the tax collector of county taxes and shall be
held by such body and paid out by them as provided in this chapter. Tax certificates and tax deeds shall be issued for all
delinquent properties in accordance and in like manner as the same are authorized to be issued by F.S. eh. 197 and other
general and special law regulating the issuance of same for nonpayment of delinquent county ad valorem taxes.
c. It is herein detennined and declared that the municipal service taxes herein provided for garbage, trash and waste
collection and disposal are municipal assesslnents for municipal or peculiar benefits accruing to the properties within the
ITIunicipal taxing district herein created against which properties such levies are directed to be made. It is also herein found,
determined and declared that solid waste, special wastes, garbage and trash collection and disposal within such district are
Inunicipal purposes. (Prior code ~ 8-56)
14.28.150 Payment of expenses.
The governing body of the district created by this chapter is authorized to pay from the funds of such municipal taxing
district all expenses of the organization of such body and all expenses necessarily incurred in the formation of the district
and all other reasonable and necessary expenses of an attorney in the transaction of the business of the municipal taxing
district, and in carrying out and accomplishing the purposes of this chapter. (Prior code S 8-57)
14.28.160 Voters' approval of obligations.
When required by the laws of the state, any obligations issued or incurred by the district created by this chapter shall be
approved by the qualified electors. (Prior code 9 8-58)
14.28.170 Damaging property.
Whoever shall wilfully damage any of the property in the district created under this chapter shall be punished as provided
in the generallaw for punishments for malicious injury to property. (Prior code 9 8-59)
669
14.28.180
14.28.180 Intent of chapter.
It is intended that the provisions of this chapter shall be liberally construed for accomplishing the purposes provided
therefor~ or intended to be provided for this chapter; and where a strict construction will result in the defeat of the aCC01TI-
plishment of any of the purposes provided for by this chapter~ and a liberal construction would permit or assist in the ac-
complishlTIent thereof~ the liberal construction thereof shall prevail. (Prior code ~ 8-60)
670
Sectio ns:
14.32.010
14.32.02:0
14.32.030
14.32.040
Sections:
14.32.050
14.32.060
14.32.070
14.32.080
14.32.090
14.32.100
14.32.110
14.32.120
14.32.130
Sections:
14.32.140
14.32.150
14.32.160
14.32.1710
14.32.1810
14.32.1910
14.32.200
14.32.210
14.32.220
14.32.230
14.32.240
14.32.250
14.32.260
14.32.270
14.32.0 I 0
Chapter 14.32
COUNTY SOLID WASTE COLLECTION, DISPOSAL
AND ASSESSMENT CODE
Article 1
General Provisions
Short title.
Definitions.
Findings.
Statement of intent.
Article 2
Collection and Disposal
Mandatory disposal of solid waste.
Description of service.
Regulation of collectors.
Duties of collector.
Responsibility of property owners.
Construction waste.
Prohibited acts.
Violations-Penalties.
Remedies.
Article 3
Assessment
Creation of unit.
Prima facie evidence of accumulation of waste.
Solid waste assessment.
Adoption of rate resolution and annual solid waste assessment roll.
Revision of rate resolution.
Adoption of addendum.
Election of collection procedures.
Utilization of statutory collection procedures.
Utilization of the alternative collection procedures.
Imposition of liens under alternative collection procedure.
Enforcement of delinq uent solid waste assessments.
Interim collection service charge on new construction.
Correction of errors and omissions-Petition to board.
Calculation of time periods.
Article I
General Provisions
14.32.010 Short title.
This chapter shall be identified by and may be cited as the "Monroe County Solid Waste Collection, Disposal and As-
sessment Ordinance." (Prior code ~ 8-7])
67]
14.32.020
14.32.020 Definitions.
For the purpose of this chapter. the definitions contained in this section shall apply unless otherwise specifically stated.
When not inconsistent with the context. words used in the present tense include the future~ words in the plural include the
singular~ and words in the singular include the plural. Use of the masculine gender includes the feminine gender. The word
~~shall" is always mandatory and not merely discretionary.
~~Addenduln to annual solid waste assessment roll" or the word "addendum~~ Ineans the list confirmed by the board each
fiscal year containing the same infonnation as the annual solid waste assessment roll for lots or parcels of property which
are subject to the solid waste assessment but were not incorporated on the corresponding annual solid waste asseSSlnent roll
continned for such fiscal year because of error or omission or incorporating any changes in the information specified for
any lot or parcel of assessed property on the corresponding annual solid waste assessment roll.
~~Annual solid waste assessment roll'~ means a list confinned by the board each fiscal year of all lots and parcels of as-
sessed property in the county within the boundaries of a unit containing the following information:
I. A sumlnary description of each lot and parcel confonning to the description contained on the real property assess-
Inent roll~
2. The name and address of the owner of each lot and parcel as reflected on the real property asseSSlnent roll~ and
3. The annual solid waste assessment ilnposed on each lot or parcel as established in the rate resolution.
~~Apartmenf' Ineans a rental dwelling unit located within the same building as other rental dwelling units.
~~AsseSSlnent date" means January I st of each year~ or such other date as may be designated by the board, which date
shall constitute the date on which the solid waste asseSSlnent is ilnposed as a lien against assessed property listed on the an-
nual solid waste assessment roll or on any addenduln.
~~ Assessed property" means such lots or parcels as may be designated by the board in the rate resolution~ against which a
solid waste asseSSlnent is imposed.
~~Board" lneans the board of county cOlnmissioners of Monroe County~ Florida.
~~Building" lneans any structure, whether temporary or permanent, built for the support~ shelter or enclosure ofpersons~
chattel or property of any kind. This term includes trailers~ mobilehomes~ or any vehicles serving in any way the function of
a building.
~~Certiticate of occupancy" means the written certification issued by the county that a building is ready for occupancy for
its intended use. For the purposes of this chapter, a set-up or tie-down permit issued for a mobilehome shall be considered a
certificate of occupancy for the purposes of this chapter.
~~Clerk~' Ineans the clerk of the board or his or her designee.
~~Collection~~ means the process whereby domestic solid waste is removed and transported to a solid waste disposal facil-
ity.
~~Collection agreelnent" lneans an agreement between the county and a collector to provide for collection services within
a service area pursuant to Section 14.32.060.
~~Collection charge" means the charge or rate established each year in the rate resolution for the collection of dOlnestic
solid waste froln residential property.
~~Collection service" means collectively residential collection service and cOlnmercial collection service.
~~Collector" means those persons who are licensed under the provisions of Section 14.32.070 and who provide residential
and/or comlnercial collection services pursuant to a collection agreement.
~~Commercial collection service" means the collection~ disposal and recycling of domestic solid waste generated by COlTI-
mercial property provided by a collector.
~~Commercial container~' means and includes any detachable receptacle or roll-off box for disposal of solid waste de-
signed or intended for mechanical pickup.
~~Comn1ercial property" Ineans all ilnproved property which is not utilized as residential property.
~~CondolniniuIn" means a building or portion thereof containing one or more units in which each unit is designed for
residential occupancy by one family only and which is owned pursuant to the provisions ofF.S. Ch. 718, (1988)~ or its suc-
cessor in function.
~~County" means Monroe County~ Florida.
~~County administrator" means the chief administrative officer of the county appointed by the board~ or his or her desig-
nee.
~~Customer" means the owner or occupant of ilnproved property.
672
14.32.020
~~Delinquency date" means the date a solid waste assesslnent becomes delinquent under the alternative collection proce-
dure establiished as provided in Section 14.32.220.
~~Disposal charge" means the charge or rate established each year in the rate resolution for the disposal of categories of
domestic solid waste, construction waste, extraordinary waste and sludge at the solid waste disposal facility.
~~Due date" Ineans the date a solid waste assessment is to be paid under the alternative collection procedure established as
provided in Section 14.32.220.
~~Dwelling unif' Ineans any individual residential living type of structure or building unit with kitchen facilities capable
of being utilized for residential living other than a hotel or motel unit.
~~Fiscal year" means that period beginning October 1 st of each year and ending on September 30th of the subsequent
year.
~~Garbage receptacle" means any cOlnmonly available light gauge steel, plastic or galvanized receptacle of a nonabsor-
bent Inaterial, closed at one end and open at the other, furnished with a closely fitted top or lid and handles. A receptacle
also includt~s a heavy-duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle containing
waste materials shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight, unless a contractor iln-
plements an automated or selniautomated collection system requiring the use of sOlne other standard receptacle cOlnpatible
with the collector~s equipment.
~~Governmental property" means all property owned by any federal, state, county, municipal or local governmental units,
or any agency of such governmental unit, including school boards.
"Handicapped person" means those persons who are certified by a physician licensed in the state of Florida, that they are
physically unable to transport domestic solid waste to the curb from other areas of their residential property and who reside
either alone or with other persons who would likewise qualifY as handicapped persons.
~~Improvl~d property" Ineans all residential property or commercial property containing a building that generates, or is
capable of generating, solid waste.
~~License" means that card which shall be issued to a person which has complied with the requirelnents of Section
14.32.070.
~~Mobilehome" means manufactured homes, trailers, campers and recreational vehicles.
~~Nonasst~ssed property" means that property which pursuant to the rate resolution is not subject to the solid waste as-
sesslnent.
~~Occupant" Ineans the person or persons occupying improved property, either the owner or, if other than the owner, then
a person who occupies the improved property with the express or implied consent of such owner.
~~Owner" lneans the person owning improved property.
~~Penalty~' means the penalties established for delinquent payment of a solid waste assessment under the alternative col-
lection procedure established as provided in Section 14.32.220.
"Person" means any individual, partnership, firm, organization, corporation, association or any other legal entity,
whether singular or plural, masculine or feminine, as the context may require.
~~Property appraiser" means the property appraiser of Monroe County, Florida.
~~Rate resolution" means the resolution adopted by the board under the provisions of Section] 4.32.170 establishing:
] . Tht~ schedule of solid waste assessments to be imposed;
2. Tht~ collection charge;
3. The~ disposal charge;
4. The~ recycling charge; and
5. The' categories of assessed property.
~~Real property assessment roll" means the assessment rolllnaintained by the property appraiser under law for the levy of
ad valorem taxes on real property.
~~Rear-door collection service" means a type of residential collection service rendered to residential property whereby
domestic sollid waste will be picked up from garbage containers placed on side or rear yards of the primary building.
~~Recycling charge" means the charge or rate established each year in the rate resolution for the recycling of such domes-
tic solid waste as required by the county.
~~Residential collection service" means the collection, disposal and recycling of domestic solid waste generated by resi-
dential property provided by a collector, who has been granted a collection agreelnent.
673
14.32.020
~~Residential property" Ineans all improved property, or any portion thereof, used as a dwelling unit and includes ....single-
falnily dwelling units," ~~apartlnents," ~~mobilehomes" and ~~condolniniulns."
~~Service area" refers to a geographic area served by a collector providing residential collection service pursuant to a col-
lection contract within boundaries established by the board.
~~Single-falnily dwelling unit" means a building, mobilehome, or a portion thereof designed for residential occupancy
which is arranged, designed or used as living quarters for one family only.
~~Solid waste" means both domestic solid waste and special solid waste., as defined below.
I. ~~Dolnestic solid waste" means garbage, horticultural trash., bulk waste and rubbish.
a. ~\'Bulk waste" Ineans any waste that requires additional managelnent due to its weight and includes but not be liln-
ited to furniture., bicycles., and oversize horticultural trash.
b. \'\'Garbage" means animal, fruit and vegetable waste., either along with or in combination with other putrescible Inat-
ter resulting froln the handling, storage., sale., preparation., cooking, serving., processing, slaughter., manufacture or consump-
tion of animal, fruit or vegetable matter., which is subject to decomposition or decay, and any container of such material.
c. ~~Horticultural trash'" Ineans an acculnulation of lawn, grass or shrubbery cuttings., leaf clippings and dry leafrak-
ings., palm fronds., slnall tree branches., bushes or shrubs, green leaf cuttings., or other matter usually created as refuse in the
care of lawns and yards, not exceeding six feet in length and six inches in diameter.
d. "~Rubbish"" means refuse acculnulation of paper, excelsior., rags., wooden or paper boxes or containers, sweepings.,
and all other acculnulations of a nature other than garbage which are usual to housekeeping and to the operation of stores.,
offices and other business places: also any bottles., cans or other containers not containing garbage.
2. \'~Special solid waste" means construction and demolition debris., hazardous waste., biohazardous wastes and sludge.,
as defined below:
a. "~Construction and demolition debris" means discarded materials generally considered to be not water soluble and
nonhazardous in nature., including., but not limited to., steel., glass., brick, concrete., asphalt., roofing material, pipe, gypsuln
wallboard., and lumber., from the construction or destruction of a structure as part of a construction or demolition project or
from the renovation of a structure., and including rocks., soils., tree remains., trees., and other vegetative matter that normally
results from land clearing or land developlnent operations for a construction project., including such debris from construc-
tion of structures at a site remote from the construction or delnolition project site. Mixing of construction and demolition
debris with other types of solid waste will cause it to be classified as other than construction and delnolition debris. The
tenn also includes:
l. Clean cardboard paper., plastic., wood., and metal scraps from a construction project:
ii. De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects., pro-
vided such amounts are consistent with best Inanagelnent practices of the industry.
b. \'~Extraordinary waste" includes itelns which require extraordinary management due to their extreme bulk or weight
and includes., but not be lilnited to., abandoned automobiles., automobile parts., tires., boats, and matter or debris resulting
from tree removal., land clearing., land development or such other like material not defined herein as horticultural trash.
c. ~~Hazardous waste" means solid waste as defined by the state of Florida Department of Environmental Regulation
as a hazardous waste in the state of Florida Administrative Code Chapter] 7-30.
d. ~~Biohazardous wastes"" means any solid waste or liquid waste which Inay present a threat of infection to hUlnans.
The tenn includes., but is not lilnited to., non-liquid human tissue and body parts: laboratory and veterinary waste which con-
tains human disease-causing agents: discarded sharps., human blood., human blood products and body fluids. The following
are also included:
i. U sed., absorbent Inaterials such as bandages., gauzes or sponges that are supersaturated., having the potential to drip
or splash blood or body fluids., from areas such as operating rooms., delivery rooms., trauma centers., emergency rooms or
autopsy roolns:
ii. Devices which retain visible blood adhering to inner surfaces after use and rinsing such as intravenous tubing.,
helTIodialysis filters and catheters: and
iii. Other contaminated solid waste materials which represent a significant risk of infection that are generated in medi-
cal facilities which care for persons suffering from those rare or unusual diseases requiring strict isolation criteria and listed
by the U.S. Departlnent of Health and Human Services., Centers for Disease Control, \'~CDC Guidelines for Isolation Precau-
tions in Hospitals.,'" July/August., ] 983.
674
14.32.030
e. 4.'Sludge" means any solid or semisolid or liquid generated from any water or wastewater treatment plant, air pollu-
tion control facility., septic tank, grease trap, portable toilet and related operations, or any such waste having similar charac-
teristics or effect.
4.4.Solid \vaste assessment" means the annual special assessment ilnposed upon a lot or parcel of improved property in the
unit to pay::
I. The principal of, redemption premium, if applicable, and interest on all outstanding obligations of the county and
the MonrOE~ County municipal service district (the "district") due in such year, the payment of which is secured by such spe-
cial assessrnents, all in accordance with the resolutions authorizing the issuance of such obligations;
2. The cost of the collection, recycling, disposal and Inanagement of domestic solid waste generated or capable of
being generated from such property; and
3. The administrative costs related to subdivisions 1 and 2 of this subsection.
4.'Solid \vaste assessment category" means the classification of itnproved property incorporated in the rate resolution for
the imposition of the solid waste assessment for such property.
4.'Solid '-'taste disposal" facility means those sites, places or facilities operated or maintained by the county for the dis-
posal of soljd waste.
"Solid \vaste disposal facility budget" means the estimated fiscal year cost of the operation, administration and mainte-
nance of the solid waste disposal facility as incorporated into the annual county budget, including in addition to such cost:
1. The principal of, redemption premium, if applicable, and interest on all outstanding obligations of the county and
the district due in such year, the payment of which is secured by the solid waste assessments, all in accordance with the
resolutions authorizing the issuance of such obligations;
2. Payments to contractors for the design, construction, operation or maintenance of any portion of the solid waste
disposal facility, to the extent not paid froln other sources;
3. The estimated cost of required additions and improvements to land or equipment;
4. Administrative expenses in implementation of this chapter; and
5. Necessary reserves for renewal and replacement, operational contingencies and required landfill closures.
4.4.Specialty hauler" means those persons who are licensed under the provisions of Section 14.32.070 and who provide for
the collection of special solid waste.
"Tax collector" means the tax collector of Monroe County, Florida.
4.'lJnit" rneans the Monroe County solid waste municipal service benefit unit created under Section 14.32.140.
4.'Unsanitary nuisance" is the commission of any act or the giving of the permission for the commission of any act of
keeping, maintaining, propagating or permitting the existence of any domestic or special solid waste by any person by
which health or life Inay be threatened or impaired or by which disease may be caused. The keeping of the following mate-
rials on any real property shall be considered an unsanitary nuisance: untreated and improperly treated human waste., offal,
dead animals or dangerous waste materials resulting from manufacturing processes or pollutant gases and noxious odors
which are harmful to health or to human and anilnal life. The creation, maintenance or causing of any condition capable of
harboring, attracting or breeding flies, mosquitoes or other arthropods and rodents capable of physical harm and translnitting
diseases directly or indirectly to humans -shall also be considered an unsanitary nuisance.
"White goods" means discarded refrigerators, ranges, washers, water heaters, dishwashers, and other similar household
goods and appliances generated froln the property ofa dwelling unit. (Editorially amended during 2004 codification; prior
code * 8-72)
14.32.030 Findings.
It is ascertained, determined and declared that:
A. Tht~re is an inordinate amount of littering and illegal dumping on the public right-of-way and private lands of the
county of domestic solid waste and special solid waste generated from improved property located within the county.
B. Such littering and illegal dumping constitutes a health hazard to the residents of the county and an invasion of the
property rights of landowners.
C. Such littering and illegal dUlnping often results in the creation of an unsanitary nuisance.
D. A substantial number of occupants of improved property within the unit do not subscribe to any collection service
for the collection of domestic solid waste and other waste and discarded property generated on such property.
675
14.32.040
E. The requiring of all persons owning or occupying improved property within the county to dispose of solid waste
and other wastes and discarded property generated on such property at the solid waste disposal facility will greatly reduce
the instances of illegal dumping and littering.
F. It is necessary to the health., welfare and safety of the residents of the county to provide for a cOlnprehensive pro-
gram of solid waste collection and disposal.
G. Because of the number of ilnproved property custolners and the adlninistrative impossibility of monitoring the
transport or disposal arrangelnents of each improved property customer with a collector., it is necessary in the implementa-
tion of such a cOlnprehensive program of solid waste collection and disposal for the prolTIotion of the comlnon health and
welfare of the residents of the county that collection services within the unit be regulated through the issuance of collection
agreelnents for service areas in which improved property is located.
H. It is further necessary in the ilnplelnentation of such a comprehensive prograln of solid waste collection and dis-
posal to require all persons owning or occupying iInproved property in the unit to have their domestic solid waste and other
waste and discarded property collection by a residential or commercial collection services.
I. The imposition of an annual solid waste asseSSlnent is the most equitable and efficient method of allocating and
apportioning the cost of collection services among classifications of iInproved property in the county.
J. The annual solid waste assessment imposed under this chapter to pay the cost of collection services is a non-ad-
valorem (special) assessment within the meaning and intent ofF.S. ~ 197.3632 (1988)., or its successor in function. (Prior
code S 8-73)
14.32.040 Statement of intent.
A. It is the intent of the board to require owners and occupants of all improved property within the unit to have dOlnes-
tic solid waste and special waste generated on such improved property collected and disposed of in a proper., sanitary and
efficient Inanner~ to require owners of all improved property to cause the occupants of such property to utilize methods of
solid waste collection and disposal ilTIplemented by this chapter~ to eliminate illegal dumping~ to provide an effective and
equitable method of collecting the cost for the services rendered~ and to promote the health., safety and welfare of the citi-
zens of the county.
B. It is declared and determined by the board that the collection services provided pursuant to this chapter and the cor-
responding collection agreements shall and do constitute a benefit to all improved property., equal to., or in excess of the cost
of providing such collection services.
c. It is the intent of the board that collection of all solid waste shall be done only by those persons who satisfy the re-
quirements contained herein and who are licensed by the county., except for those persons who receive an exemption pursu-
ant to this chapter. (Prior code S 8-74)
Article 2
Collection and Disposal
14.32.050 Mandatory disposal of solid waste.
All domestic solid waste generated within the county shall be disposed of exclusively at the solid waste disposal facility.
(Prior code ~ 8-80)
14.32.060 Description of service.
A. Effective October I., 1989., the owners or occupants of improved property within the unit shall be required to utilize
the collection services provided by the collector granted a collection agreement for that service area in which such property
is located.
B. The board shall provide for such collection services through the granting of collection agreements to collectors to
provide collection services within applicable service areas. The board may periodically establish fees by resolution which
shall be paid by the collector for the granting of a collection agreement.
c. The board may award as many collection agreements as are necessary to provide., in the board"s sole determination.,
effective and efficient solid waste collection services. Each collection agreement shall not exceed a term offive years and
shall contain the following:
1. The name and address of the person who will provide the collection services~
676
] 4.32.070
2. A description of the service area within which the person will provide such collection services~
3. A description of the services to be provided within the service area~
4. The length of the agreement~
5. All standards~ regulations or restrictions which shall govern the collection services within the service area; and
6. The amount and method of payment to be provided for the performance of services under the collection agreement.
D. The county~ in awarding a collection agreelnent~ shall consider~ at a minimum:
I. The past experience of the proposed collector in providing collection services in the county or in similar geographic
areas;
2. The ability of the proposed collector to cOlnply with the standards~ regulations and restrictions of collection services
established in this chapter and in the collector's agreelnent;
3. Thte ability of the collector to provide collection services at a reasonable rate~ and
4. All other matters which would effect the interests of the public as a whole.
E. No collection agreement may be granted to any collector until such collector is licensed under the provisions of
Section 14.32.070~ or can delnonstrate to the satisfaction of the board, in its sole discretion, that he can comply with the
requirements of Section J 4.32.070 prior to commencing operations pursuant to the proposed collection agreelnent. In no
event shall a collector be permitted to comlnence operations prior to receiving a license.
F. There are established the Monroe County solid waste collection service areas No. J through No.7, inclusive. The
boundaries of each service area shall be defined by resolution of the board. Each service area shall be included in a collec-
tion agreelnent granted to a collector under the provisions of this chapter. (Prior code 9 8-81)
14.32.070 Regulation of collectors.
A. Any persons that provide collection services within the unit shall obtain a license, as provided herein, unless ex-
cepted as provided in this chapter. Any person collecting any special solid waste shall be required to obtain a license prior to
collection of such waste and shall comply with all provisions of this section~ provided~ however that the applicant for a
building permit which has elected to collect and dispose of construction waste pursuant to Section 14.32.] 00 shall be ex-
empt from the requirement of obtaining a license. Each collector and specialty hauler shall be required to obtain a license.
The standards for obtaining a license shall be as follows:
I. Any individual who desires to obtain a license from the county shall be at least eighteen ( ] 8) years old. A partner-
ship, corporation or other business entity which desires to obtain a license must currently be in good standing with the Flor-
ida Departlnent of State~ Division of Corporations.
2. No license shall be issued to any person who has failed to file a sworn statement under F.S. 9 287. I 33(3)(a), on
public entity crimes or who is disbarred from contracting with the county pursuant to F.S. 9 287.133.
3. The applicant shall provide evidence that he or she has obtained all permits and licenses required by law or ordi-
nance in order to provide residential or commercial collection services or special waste collection, and shalllnaintain the
same in full force and effect.
4. Thf applicant shall provide a list of vehicles by size and type, including the vehicle identification number~ that will
be used to provide the collection services, or special solid waste collection. The applicant shall notify the county of any
changes in e:quipment within fourteen (14) days. The county shall have the right to inspect such vehicles at any time.
5. The~ applicant must sign a sworn affidavit that all solid waste collected shall be disposed of at the solid waste dis-
posal facility~ except as otherwise permitted under subsection E of this section or Section 14.32.050, and that the applicant
will comply with all standards and provisions of this chapter.
6. All applicants for a license must demonstrate that they are financially responsible. The applicant shall provide a
sworn staternent to the county that he or she has:
a. No unsatisfied judgments against him or her resulting from the collection or disposal of any domestic solid waste or
special solid waste as defined in this chapter;
b. That there are no liens of record by the Internal Revenue Service or the state of Florida Corporate Tax Division
against any business or any organization he or she is qualifying.
7. Each applicant shall agree to indemnify the county from any loss which may result from the failure of the applicant
to perform his or her responsibilities.
8. The applicant shall furnish proof of comprehensive liability insurance in an amount deemed adequate by the board,
but not less than one hundred thousand dollars ($1 OO~OOO.OO) per person bodily injury, three hundred thousand dollars
677
14.32.070
($300,000.00) per occurrence, and fifty thousand dollars ($50,000.00) property damage per occurrence. Each holder of a
license shall furnish evidence of the above-described insurance prior to having his or her license renewed each year.
9. Prior to the issuance ofa license, every applicant shall show proof that the requirements of the Worker's COlTIpen-
sation Law of the state of Florida have been ITIet. Each holder of a license shall furnish evidence that the requirements of the
Worker's Compensation Law of the state of Florida have been complied with prior to having his or her license renewed
each year.
B. The application for license shall be filed with the county adlninistrator and shall be accompanied by a nonrefund-
able fee in an amount which shall be established by the board by resolution.
C. The term of the license shall be froln October 1 st to September 30th each year. Prior to the expiration of the license,
the collector or specialty hauler lnay renew the license by filing an affidavit with the county administrator indicating contin-
ued compliance with the requirements of subsection A of this section, along with such fees as lTIay be established by the
board by resolution. Prior to renewal of a license, a collector providing collection services or a specialty hauler shall provide
to the county such information as may be required by the county or by Florida Statutes, including, but not limited to, the
rates charged and the number of custolners serviced.
D. A license shall be conditioned upon the collector's or specialty hauler's cOlTIplying with the following additional
requirements:
1. Assignment of License. The collector or specialty hauler shall not assign the license to any person. A transfer dur-
ing the tenTI of a license of more than twenty-five (25) percent of the issued or outstanding stock of the collector or specialty
hauler or of any corporation which holds lTIOre than fifty (50) percent of issued and outstanding stock of the collector or
specialty hauler shall constitute an assignlnent for the purposes of this section. Likewise. during the tenTI of a license, any
transfer of the voting rights attendant to twenty-five (25) percent or more of the issued or outstanding stock of the collector
or specialty hauler or of any corporation which holds more than fifty (50) percent of issued and outstanding stock of the
collector or specialty hauler shall constitute an assignment for the purposes of this section.
2. Interlocking Directorships. No person shall serve on the board of directors or as an officer, or own any interest in
three or more collectors providing collection services within the county or any corporation which holds more than fifty (50)
percent of the issued and outstanding stock of any collector.
3. Certification of Compliance. Each collector shall annually certify in writing to the county administrator that the
collector and its officers, directors and stockholders have not violated any of the provisions of this subsection and is in COlTI-
pliance with the remaining provisions of this section.
E. The following requirements are only applicable to special waste collectors (hereafter collector in this subsection)
engaged in the collection and transportation of construction and demolition debris. A transfer station which only accepts
delivery of construction and demolition debris for transfer to a solid waste disposal facility pennitted by the Florida De-
partment of Environmental Protection is not a collector for the purposes of this subsection.
I. The collector must apply to the county for a nonrefundable special solid waste license, subcategory construction
and demolition debris (hereafter "Iicense" in this subsection). The application fee is two hundred fifty dollars ($250.00.) The
initial license fee and each annual renewal is one thousand dollars ($1,000.00).
2. The collector must pay a ten (10) percent surcharge on the collector's gross receipts received for construction and
demolition debris removal~ except, however, no surcharge is due on the gross receipts received for construction and delTIoli-
tion debris that are delivered to the county's transfer stations and the full tipping fee is paid. The surcharge is payable quar-
terly and is due twenty (20) days after the close of each quarter. The payment must be accompanied by a report listing loca-
tions of service, the customer fees charged, the alTIOunt of recovered material and the disposal site, together with receipts
from the disposal facility, stating volume or weight.
3. In order to assure compliance with subsection (E)(2) of this section, the collector's financial records lTIUSt be made
available to representatives of the county during regular business hours (Monday through Friday, nine a.m.-five p.ln.,
hol idays excepted) at a location within Monroe or Dade counties.
4. The collector Inay only collect and transport construction and demolition debris troIn a construction site traIn seven
a.m. until seven p.lTI. Monday through Saturday.
5. All equipment used by the collector in the collection and transportation of construction and demolition debris ITIUSt
be clearly identified with the name of the collector, his or her telephone nUlnber and his or her license number. The collector
must purchase from the county a county decal or sticker for each vehicle used in the collection of construction and delTIoli-
tion debris. Each decal/sticker costs two hundred fifty dollars ($250.00) and is valid for one year from date of purchase. The
678
14.32.070
decaVstick(~r must clearly show the date of purchase and be displayed on the vehicle as long as the vehicle is used in collect-
ing construction and demolition debris in the county.
6. Construction and demolition debris in transit Inust be sufficiently covered to prevent the release of the debris while
in transit.
7. All construction and demolition debris must be disposed of at a solid waste facility permitted for such debris by the
Florida Department of Environmental Protection.
8. A c:ollector exiting Monroe County with equipment loaded with construction and demolition debris shall use Card
Sound Road and shall., on a daily basis., deposit with the toll collector service tickets which includes the following infonna-
tion:
a. Company nalne., address., and telephone number;
b. Driver"s nalne~
c. Specialty hauler"s license nUlnber;
d. Vehicle number~
e. Container number and size;
f. Building permit number (if applicable);
g. Service address/location~
h. Disposal site (including DEP permit number)~
l. Service ticket number; and
J. Cost of service.
9. A collector disposing of construction and demolition debris within the county at a site other than a county-owned
transfer station shall., on a monthly basis., deliver service tickets containing the information set forth in subsection (E)(8) of
this section., to the office of solid waste management.
10. A collector licensed under this subsection., may not collect any residential or commercial solid waste or (non-
construction or demolition) special solid waste without first obtaining a franchise therefor. Construction and delnolition
debris Inay not be commingled with residential or commercial solid waste or other (non-construction or demolition) special
solid waste regardless of the license or franchise held by the collector.
II. Tht~ county administrator is authorized to suspend or revoke the license of a collector when the administrator de-
termines that the collector has violated a provision of this section. Before suspending or revoking the license the adlninistra-
tor must aftlJrd the collector an opportunity to offer such evidence as the collector deems necessary to support his or her
position., although the administrator is not bound to consider., and may reject., evidence that is cumulative., slanderous., or
irrelevant. T'he adlninistrator's decision on a suspension or revocation must be in writing and state the reasons therefor. The
decision is the final adtninistrative action of the county. This subdivision is cumulative to all other lawful relnedies and pro-
cedures availlable to the county for the enforcement of its ordinances., including but not limited to: prosecution as a second
degree misdemeanoc issuance of citations to appear in county court; prosecution before the county code enforcelnent board
or special master~ and suits for injunctive relief.
F. Persons who provide lawn care or lawn maintenance for improved property and who transport the horticulture trash
from such property shall be exempt from the provisions of this section., provided that all horticulture trash which is trans-
ported from the property shall be disposed of at the solid waste disposal facility.
G. The: following requirements are only applicable to special waste collectors (hereafter "collector" in this subsection)
engaged in the collection and transportation of sludge. A transfer station which only accepts delivery of sludge for transfer
to a solid waste disposal facility permitted by the Florida Department of Environmental Protection is not a collector for the
purposes of this subsection.
1. The collector must apply to the county for a nonrefundable special solid waste license., subcategory sludge (hereaf-
ter .-license" in this subsection). The application fee is two hundred fifty dollars ($250.00). The initial license fee and each
annual renev/al is one thousand dollars ($] .,000.00).
2. The collector must pay a ten (10) percent surcharge on the collector's gross receipts received for sludge removal;
except., howt~ver., no surcharge is due on the gross receipts received for sludge which is delivered to the county"s transfer
stations and the full tipping fee is paid. The surcharge is payable quarterly and is due twenty (20) days after the c lose of
each quarter. The payment must be accompanied by a report listing locations of service., the customer fees charged., the
atnount of recovered Inaterial and the disposal site., together with receipts from the disposal facility., stating volume or
weight.
679
14.32.080
3. In order to assure cOlnpliance with subsection (G)(2) of this section~ the collector's financial records Inust be made
available to representatives of the county during regular business hours (Monday through Friday~ nine a.ln. - five p.ln.,
holidays excepted) at a location within Monroe or Dade counties.
4. All equiplnent used by the collector in the collection and transportation of sludge lnust be clearly identified with the
nalne of the collector~ collector~s telephone nUlnber and collector's license number. The collector must purchase froln the
county a county decal or sticker for each vehicle used in the collection of sludge. Each decal/sticker costs two hundred fifty
dollars ($250.00) and is valid for one year from date of purchase. The decal/sticker Inust clearly show the date of purchase
and be displayed on the vehicle as long as the vehicle is used in collecting sludge in Monroe County.
5. Sludge must be sufficiently contained to prevent the release of the sludge while in transit.
6. All sludge must be disposed of at a facility pennitted for such purposes by the Florida Departlnent of Environ-
mental Protection.
7. A collector exiting Monroe County with equiplnent loaded with sludge shall use Card Sound Road and shall~ on a
daily basis~ deposit with the toll collector service tickets which includes the following infonnation:
a. COlnpany name, address~ and telephone number~
b. Drive( s nalne;
c. Specialty hauler's license number~
d. V ehicle nUlnber~
e. Container number and size~
f Building pennit number (if applicable)~
g. Service address/location~
h. Disposal site (including DEP permit number)~
l. Service ticket number~
J. Cost of service.
8. A collector disposing of sludge within Monroe County at a site other than a county-owned transfer station shalL on
a monthly basis, deliver service tickets containing the information required in subsection (E)(8) of this section, to the office
of solid waste management.
9. A collector licensed under this subsection~ may not collect any residential or commercial solid waste or special
solid waste other than sludge without first obtaining a franchise therefor. Sludge may not be commingled with any other
type of solid waste regardless of the license or franchise held by the collector.
10. The county administrator is authorized to suspend or revoke the license of a collector when the administrator de-
termines that the collector has violated a provision of this section. Before suspending or revoking the license the adlninistra-
tor must afford the collector an opportunity to offer such evidence as the collector deelns necessary to support his or her
position~ although the administrator is not bound to consider, and may reject, evidence that is cumulative, slanderous, or
irrelevant. The administrator~s decision on a suspension or revocation Inust be in writing and state the reasons therefor. The
decision is the final administrative action of the county. Subsection (E)( II) of this section is cUlnulative to all other lawful
remedies and procedures available to the county for the enforcement of its ordinances, including but not lilnited to: prosecu-
tion as a second degree misdemeanor~ issuance of citations to appear in county court~ prosecution before the county code
enforcement board or special master~ and suits for injunctive relief (Ord. 0 13-2004 ~ 1 ~ prior code ~ 8-82)
14.32.080 Duties of collector.
In addition to all other requirements of law and as contained in the collection agreelnent~ the collector shall provide the
fo Ilowing:
A. Collect and remove all domestic solid waste generated by improved property within the service area of the collec-
tor~
B. Collect and remove all dOlnestic solid waste generated by itnproved property within the service area of the collector
at the rates established by the rate resolution~ in accordance with the provisions of this chapter~
C. Provide the county with a listing of all improved property within the service area of the collector not utilizing the
services of the collector. Such listing shall be provided on a monthly basis~
D. Provide the county ~ on or prior to June 30th of each year, a financial audit performed by a certified public account-
ant, performed in accordance with generally accepted accounting principles. (Prior code ~ 8-83)
680
14.32.090
14.32.090 Responsibility of property owners.
The owners and occupants of iJnproved property shall use the collection services provided by the collector for the service
area where such property is located~ unless exempted by the provisions of this chapter. All improved property shall be sub-
ject to the imposition of the solid waste asseSSlnent for such services as may be established in the rate resolution.
A. Re:sidential Collection Service.
I. The owner of residential property shall pay to the county the solid waste asseSSlnent imposed on such residential
property for the benefits received by such property for the residential collection service provided or made available.
2. The owner shall provide garbage receptacles adequate to contain all domestic solid waste generated from their resi-
dential property in accordance with the provisions herein.
3. Any owner which either denies a collector access to his or her property by prohibiting the use of a private road or
who resides on a road which is inadequate for use by a collector's vehicle, as detennined by the county, shall be required to
transport all solid waste generated from his or her property to the nearest county-approved road for collection in accordance
with the provisions of this chapter, unless exempted under this chapter.
B. COlnlnercial and Governmental Collection Service. The owners and occupants of cOlnmercial property, and gov-
emlnental property which generates solid waste regardless of use, within the county shall enter into an agreement with a
collector for the service area where such commercial property is located to provide commercial and governmental collection
servIce.
The board shall adopt the commercial and governmental rates charged the owner and occupants of commercial and gov-
ernmental property at a public hearing to be held in conjunction with the public hearing on solid waste non-ad-valorem as-
seSSlnents described in F.S. S 197.3632(4)(b). Notice of the public hearing on comlnercial and governmental rates~ stating
the place and time of the hearing and the proposed rates, shall be published at least twenty (20) days in advance of the hear-
ing in quart1er-page advertisement in a newspaper of general circulation in the county in a section of the paper not reserved
for classified advertising. In the event the board decides to utilize F.S. S 197.3632(6), and no public hearing is held on solid
waste non-ad-valorem assessments~ the board shall still hold a public hearing to adopt the cOlnmercial and governmental
collection rates on or before September 30th of each year, noticed according to the preceding method. Nothing in this sec-
tion shall preclude the board from also imposing a solid waste non-ad-valorem asseSSlnent against cOlnmercial property.
(Prior code S 8-84) .
14.32.100 Construction waste.
A. Prior to the issuance of a building permit for the construction or renovation of any structure, or the demolition of a
structure or land clearing; the applicant shall provide for the collection and disposal of any construction~ demolition of a
structure or land clearing debris, waste which may result from the construction. In order to obtain a building permit for the
construction of any structure, the applicant shall indicate in writing on forms provided by the county which of the following
methods of collection and disposal shall be used:
1. The applicant will contract with a specialty hauler, with a construction demolition debris collection Iicense~ to col-
lect and properly dispose of all construction waste and demolition debris generated at the construction site~ and the applicant
shall provide the name of the licensed collector or specialty hauler which will be utilized; or
2. The applicant or his or her contractor will provide for the collection and disposal of construction waste and demoli-
tion debris at a solid waste disposal facility permitted by the Florida Departlnent of Environmental Protection using the ap-
plicanfs or his or her contractor~s equipment for such collection and disposal that is acceptable to the county. Neither the
applicant nor his or her contractor may collect or dispose of any construction and demolition debris other than that gener-
ated at the site for which the building permit was issued.
B. No building permit shall be issued by the county until one of the above alternatives has been selected by the appli-
cant. (Prior code S 8-85)
14.32.110 Prohibited acts.
A. With the exception of construction and demolition debris, no person shall place, deposit or dispose of any solid
waste, other than at the solid waste disposal facility. If any solid waste is found on public or private property or roadways
and its origin is traced to improved property by identification such as mail, statements, checks, receipts, etc., and such occu-
pant or owner of such property is not receiving collection service by a collector, it shall be presumed that such solid waste
was generatl~d froln that improved property.
681
14.32.120
B. No person shall place or deposit for temporary storage any domestic solid waste or special solid waste anywhere in
the county in such a Inanner that it Inay be carried or deposited by the uncontrolled physical elelnents upon any public prop-
erty or upon the land of another person.
C. No person may provide collection services unless certified pursuant to the provisions of Section 14.32.070 and pur-
suant to a collection agreelnent, unless they have received an exemption pursuant to this chapter.
D. No person may collect or transport special solid waste without being certified under the provisions of Section
14.32.070, unless exempted froln those provisions.
E. It is unlawful to scatter or spread about or cause to scatter or spread about any domestic solid waste or special solid
waste which has been set out for relnoval by a collector or specialty hauler.
F. No owner or occupant shall maintain or pennit on any improved property an unsanitary nuisance.
G. No person shall place any special solid waste in any garbage receptacle or commercial container or in any location
intended for the collection and disposal of domestic solid waste.
H. A violation of any provision of this section shall be punished as provided in Section 14.32.120. (Prior code ~ 8-86)
14.32.120 Violations-Penalties.
Any person found guilty of violating any provisions of this chapter shall be punished by a fine not exceeding five hun-
dred dollars ($500.00), or by itnprisonment in the county jail for not more than sixty (60) days, or by both such fine and
imprisonment. (Prior code S 8-87)
14.32.130 Remedies.
In addition to the penalties as provided herein, the county may have recourse to such remedies as provided in law and
equity to ensure cOlnpliance with the provisions of this chapter, to include temporary and permanent injunctive relief and
recovery of damages. Each day a violation of this chapter continues unabated shall be deemed a separate violation of same
for penalty purposes. Administrative fines, as provided in F. S. S 381.112, may be imposed by the health authority should
conditions necessitate. (Prior code S 8-88)
Article 3
Assessment
14.32.140 Creation of unit.
Pursuant to F.S. Ch. 125, there is established the Monroe County solid waste municipal service benefit unit. The bounda-
ries of such unit shall consist of the unincorporated areas of the county. Each municipality within Monroe County may re-
quest to be included within the boundaries of the Monroe County solid waste municipal service benefit unit. A certified
copy of the resolution requesting inclusion must be received by the county prior to June 1 st and shall be effective beginning
the next fiscal year. Upon being included, all provisions of this chapter shall apply within the boundary of such municipal-
ity. (Prior code S 8-94)
14.32.150 Prima facie evidence of accumulation of waste.
The fact that any improved property is capable of being occupied shall be prima fade evidence that solid waste is being
generated from or accumulated upon such property. (Prior code S 8-95)
14.32.160 Solid waste assessment.
A. There is imposed on the asseSSlnent date against each lot or parcel of assessed property within the unit a solid waste
assessment for the collection, disposal and recycling services provided under the provisions of this chapter.
B. The alnount of the solid waste assessment imposed each fiscal year against each lot or parcel of assessed property
shall be at the rate established in the rate resolution for the solid waste assessment category applicable to such assessed
property .
C. It is the intent of the board that the cost of collection services within the unit, and the disposal, management and
administrative costs to support such services, be paid through the imposition of the annual solid waste assessments on all
assessed property. To fulfill this intent, it is contemplated by the board that the disposal charge of the solid waste assess-
682
14.32. I 70
Inent deriv(~d from assessed property shall be sufficient to fund the solid waste disposal facility budget for the ensuing fiscal
year. (Prior code ~ 8-96)
14.32.170 Adoption of rate resolution and annual solid waste assessment roll.
A. The rate resolution shall fix and establish for the ensuing fiscal year:
1. The solid waste assessment categories~
2. The solid waste assessment to be imposed within each solid waste assessment category~
3. The collection charge~
4. The disposal charge~ and
5. The recycling charge of the solid waste assessment.
B. On or before August 1 st of each year, the board shall adopt by resolution a tentative rate resolution establishing the
solid waste assesslnents proposed to be itnposed in the ensuing fiscal year against each lot or parcel of assessed property in
the unit for the purpose of providing collection services for the ensuing fiscal year. Upon adoption by the board of the tenta-
tive rate resolution, the county administrative shall cause to be prepared a preliminary annual solid waste aSSeSSITIent roll
and, upon completion, shall file such preliminary roll with the clerk for public inspection.
c. Upon the filing of the preliminary annual solid waste assesslnent roll with the clerk, the board shall hold a public
hearing to adopt the rate resolution and the annual solid waste assessment roll for the ensuing fiscal year. Such hearing shall
be held bet,,veen June 1 st and September 15th. At such public hearing, the board shall hear comments and objections from
owners and other members of the public as to the proposed solid waste assessment categories, solid waste assessments, and
the various proposed charges, and shall review the preliminary solid waste assessment roll prepared by the county adminis-
trator for preparation in conformity with the tentative rate resolution and this chapter. The board shall also hear comlnents or
objections from any owner or member of the public as to the Inethod of apportionment of the cost of providing collection
services against any parcel of improved property within any solid waste assessment category. The board shall make such
increase, de:crease or revision to any proposed solid waste assessment or solid waste assesslnent category as it shall deem
necessary or appropriate and shall adopt a rate resolution. In addition, the board shall make such changes, modifications or
additions as. necessary to conform the prelilninary annual solid waste assessment roll with the adopted rate resolution and
this chapter. The board may continue the public hearing to a date and time certain without the necessity of further public
notice to allow prior to final adoption increases, decreases or revisions to the tentative rate resolution or changes, ITIodifica-
tion or additions to the preliminary annual solid waste assessment roll or for such other reason deemed necessary in the sole
discretion of the board. If upon completion of such public hearing the board shall be satisfied that the annual solid waste
assessment roll has been prepared in conformity with the rate resolution and this chapter, it shall ratify and confinn such
roll~ and tht~ chairperson of the board shall certify the roll to the tax collector no later than September 15th of each year
unless a subsequent date is approved by the tax collector.
D. Notice of the date, time and place of the public hearing by the board on the adoption of the rate resolution and of
the annual solid waste assessment roll shall be published by the board twice in a newspaper of general circulation, with the
first publication begin at least ten (10) days prior to the public hearing, excluding Sundays and legal holidays established by
the state of Florida. The notice shall set forth the property to be assessed, a schedule of solid waste assessments, solid waste
assessment categories and any disposal charges proposed to be fixed and established during the ensuing fiscal year, and
shall announce the availability of the preliminary annual solid waste assessment roll for public inspection.
E. In the event that the board elects to utilize the statutory collection procedures contained in Section 14.32.210, notice
of the date, time and place of the public hearing for the adoption of the rate resolution and the annual solid waste assessment
roll shall be as provided in F.S. S 197 .3632( 4 )(b), (1988), if:
I . Tht~ solid waste assessment is being levied for the first time under the statutory collection procedures~
2. Tht~ solid waste assessment is increased beyond the maximulTI rate authorized by law or judicial decree at the time
of the initial imposition~
3. The boundaries of the unit have changed and all the newly affected property owners have not provided written con-
sent for such assessment to the board; or
4. Thf~re has been a change in the purpose of the solid waste assessment or in the use thereof.
It shall be presulned that there is no Inaximum rate established for the solid waste assesslnent unless such amount is ex-
pressly contained within the rate resolution.
683
14.32.180
F. Notwithstanding the Inailing or publication ofa proposed schedule ofassessment~ charges and categories~ the board
shall have full and absolute discretion at such public hearing to increase~ decrease or Inodify any proposed solid waste as-
sessment., solid waste assessment category or disposal charge. (Prior code S 8-97)
14.32.180 Revision of rate resolution.
The board shall have the authority to revise and alnend any rate resolution adopted under the provisions of Section
14.32.170 upon a detennination that alnendment or revision of the established assesslnents or charges is appropriate and
necessary. The rate resolution may be amended and revised at the time of the adoption of the solid waste budget~ at any pub-
lic hearing required by law to adopt the county budget~ or at any other special or regular meeting of the board. In the event
such revision or alnendment increases the solid waste assesslnents~ or revises or changes the solid waste assessment cate-
gory for any assessed property resulting in an increased solid waste assesslnent for such property~ the revision or atnend-
Inent of the rate resolution shall become effective only if confirmed by the board at a public hearing held in confonnity with
the public hearing and notice provisions of Section 14.32.170(D)~ provided~ however., the notice of such public hearing in
the event of such revision shall be only required to be published once at least five days prior to the public hearing~ excluding
Sundays and legal holidays established by the state of Florida. (Prior code S 8-98)
14.32.190 Adoption of addendum.
A. The board may adopt an addendum to the solid waste assessment roll at any regular or special meeting in the event
the board determines:
I. That lots or parcels of improved property which are subject to the solid waste assessment were not incorporated on
the annual solid waste assesslnent roll because of error or omission~
2. That the rate resolution should be amended or revised as provided in Section 14.32.180~ or
3. That the legal description of any lot or parcel has been altered on the real property asseSSlnent roll from that re-
flected on the adopted annual solid waste assessment roll. The addendum shall supplement the corresponding annual solid
waste assessment roll by incorporating any omitted or altered lots or parcels or by revising the annual solid waste assess-
Inent or the solid waste assesslnent category incorporated in any revised and amended rate resolution.
B. Notwithstanding the provisions of Section 14.32.180., the addendum may be adopted at any regular or special meet-
ing of the board without the necessity of a public hearing to:
1. Incorporate omitted lots or parcels or lot or parcel alterations~ or
2. Reduce the annual solid waste assessment imposed on any lot or parcel or to change any solid waste assessment
category for any classification of assessed property if such change results in a decrease in the alnount of the solid waste as-
sesslnent.
c. Notwithstanding the provisions of Section 14.32.180., in the event the addendum increases the annual solid waste
assessment itnposed on any lot or parcel or changes any solid waste assesslnent category for any classification of assessed
property resulting in an increase in the amount of the annual solid waste assesslnent~ the addendum may be adopted by the
board at the public hearing held for the confinnation of the amendment and revision of the rate resolution provided under
Section 14.32.180~ and no separate public hearing or notice shall be required for the adoption of the addendum.
D. Upon adoption., the addendum shall be certified by the chairperson in a cOlnpatible electronic medium no later than
Septelnber 15th of each year to the tax collector for collection., unless a subsequent date is approved by the tax collector.
(Prior code * 8-99)
14.32.200 Election of collection procedures.
A. Prior to January 1 st of each year~ the board shall elect by resolution whether to utilize the statutory procedures con-
tained in F .S. ~ 197 .3632~ (1988)., and authorized by Section 14.32.21 O~ or the alternative collection procedures contained in
Section 14.32.220., for the collection of the solid waste assessment in the ensuing fiscal year.
B. Notice of intent to utilize the statutory procedures contained in F.S. S 197.3632~ (1988)., and Section 14.32.190 shall
be published weekly in a newspaper of general circulation within the county for four consecutive weeks prior to the public
hearing scheduled for the adoption of the resolution electing to use the statutory procedures. A copy of such resolution shall
be provided to the property appraiser~ tax collector and department of revenue prior to January 10th.
C. During fiscal year 1989-1990., the collection charge., disposal charge and recycling charge on assessed property
shall be collected pursuant to the alternative collection procedures contained in Section 14.32.220. For fiscal year
684
14.32.210
1989-1990~ the county may adopt the rate resolution and solid waste assessment roll for that fiscal year at any public hear-
ing and without the necessity of the prior adoption of a tentative rate resolution and preliminary asseSSlnent roll. (Prior code
~ 8-100)
14.32.210 Utilization of statutory collection procedures.
A. The collection of the solid waste assessment under the statutory collection procedures shall be in the manner pro-
vided for the uniform collection of non- ad-valorem aSSeSSlTIent and in accordance with the provisions ofF.S. ~ 197.3632~
(1988)~ or its successor in function.
B. The collection of solid waste assessments pursuant to this section shall be subject to all collection procedures of
F.S. Ch. 197~ including provisions relating to discount for early payment~ prepayment by installment method~ deferred pay-
ITIent penalty for delinquent payment~ and issuance and sale of tax certificates and tax deeds for nonpayment.
C. The tax collector includes on the notice of ad valorem tax and non-ad-valorem assessments mailed under F.S.
~ 197.3635., (1988)~ or its successor in function~ the solid waste assessment for each lot or parcel listed on the real property
assessment roll as incorporated on the annual solid waste assessment roll and addendum~ if any.
D. Ifpermitted by law~ the board shall have the authority~ in its sole discretion~ to mail a separate notice ofsolid waste
assessment to the owner of each lot or parcel of assessed property incorporated on the annual solid waste asseSSlnent roll or
addendum~ if any~ in lieu of utilizing the notice of tax statelnent method under F.S. S 197 .3635~ (1988)~ or its successor in
function~ in the event the board detennines such separate notice will facilitate the billing of the solid waste assessments.
E. In the event that F.S. S 197 .3632~ (1988)~ or its successor in function~ or any law requires that the solid waste as-
sessment bE~ included on the notice prepared pursuant to F.S. S 200.069~ then the solid waste assessment shall be included
on that notice. (Prior code S 8-101)
14.32.220 Utilization of the alternative collection procedures.
A. The board may elect as provided in Section 14.32.200 to utilize the alternative collection procedures set forth in this
section for solid waste assessments any fiscal year in lieu of the statutory collection procedures contained in Section
14.32.210.
B. The board shall specify in the resolution adopting the annual solid waste assessment roll or in a separate resolution
electing to utilize the alternative collection procedures provided under this section:
I. The due date~
2. Any discounts for early payment~
3. Any prepayment by installment method~
4. Tht~ penalty for delinquent payment~
5. Tht~ date when such payment becomes delinquent~ and
6. Tht~ place of payment.
C. Th~~ tax collector~ should he or she agree~ or the county shall~ within forty-five (45) days of the adoption of the an-
nual solid waste assessment roll or the addendum~ if any~ mail a billing notice to the owner of each lot or parcel of assessed
property at the address incorporated on the annual solid waste assessment roll~ or its addenduln~ if any. The billing notice
shall advise such owner of:
I. The amount due~
2. Tht~ due date~
3. Any established discounts for early payment~
4. Any right to pay by installments~
5. The' delinquency date~
6. The' penalty upon becoming delinquent~ and
7. The' potential liability that exists under this collection method for failure to pay the solid waste assessment.
D. The' tax collector~ should he or she agree~ or the county is vested with the power~ and it shall be the duty~ to collect
payments of solid waste assessments under the alternative collection procedure provided in this section.
E. The tax collector~ should he or she agree~ or the county shall mail a delinquency notice to all owners of assessed
property who have not paid the applicable solid waste assessment by the due date. Such delinquency notice shall specify:
1. The amount of the annual solid waste assessment~
2. The delinquency date~
685
] 4.32.230
3. The penalty~
4. The requirement in this section for the recordation of a lien in the manner provided by Section 14.32.230~ and
5. The potential liability which exists for failure to pay the solid waste assesslnent. (Prior code ~ 8-102)
14.32.230 Imposition of liens under alternative collection procedure.
A. All solid waste assessments collected under the alternative collection procedures of Section 14.32.220 shall consti-
tute~ and are imposed as~ liens as of the assessment date against the assessed property against which the solid waste assess-
Inent is ilnposed. Until fully paid and discharged or barred by law~ such solid waste assesslnents shall relnain liens equal in
rank and dignity with the liens of all state~ county~ district or lnunicipal taxes and special assesslnents and superior in rank
and dignity to all other filed liens~ encumbrances~ titles and clailns in~ to or against the real property involved.
B. Unpaid solid waste assessment liens shall remain and constitute liens against such parcels of assessed property
within the county for a period of five years froln the assessment date and shall be enforced pursuant to the provisions of
Section 14.32.240.
C. Prior to the beginning of the sale of tax certificates~ the tax collector~ should he or she agree~ or the county shall
prepare a list of outstanding and uncollected solid waste assessments for such fiscal year. Such list shall contain for each lot
or parce I:
I. The alTIOunt of the outstanding solid waste assessment for the fiscal year~
2. The legal description~ and
3. The owner.
D. If any solid waste assessment lien becomes delinquent by not being fully paid prior to the delinquent date~ the
county~ upon receipt of the list of outstanding and uncollected solid waste assessments for such fiscal year~ shall cause to be
prepared a notice of lien containing:
1. The alTIOunt of the delinquent solid waste assessment~ including the amount of the penalty~
2. A legal description of the assessed property against which the lien is imposed~ and
3. The name of the owner.
The notice of lien shall be recorded in the Official Records Book of Monroe County~ Florida.
E. Upon the delivery of such list of outstanding and uncollected solid waste assessments~ all such outstanding solid
waste assessments or liens may be discharged and satisfied by payment to the tax collector~ should he or she agree~ or the
county of the aggregate alTIOunt due for such outstanding solid waste assessments~ together with the additional SUlTI offive
dollars ($5.00) for abstracting costs and the total of any prior solid waste assessments or liens~ plus penalties~ for such as-
sessed property that remains outstanding and unpaid. When any such lien or liens have been fully paid or discharged~ the
county shall properly cause evidence of the satisfaction and discharge of such lien to be provided. Such lien or liens shall
not be assigned by the board to any person. (Prior code ~ 8-103)
14.32.240 Enforcement of delinquent solid waste assessments.
All delinquent solid waste assessment liens imposed pursuant to the alternative collection procedures may be enforced at
any time by the board subsequent to the date of the recording of the notice of lien provided for in Section] 4.32.230 for the
amount due under such recorded liens~ including all penalties~ plus costs and reasonable attorney~s fees~ by proceedings in a
court of equity to foreclose such liens in the manner in which a mortgage lien is foreclosed under the Laws ofFlorida~ or~ in
the alternative~ foreclosure proceedings may be instituted and prosecuted under the provisions ofF.S. Ch. 173 ~ or the collec-
tion and enforcement ofpaYlnent thereoflnay be accomplished by any other method unauthorized by law. It shall be lawful
to join in any complaint for foreclosure or any such legal proceedings anyone or more lots or parcels of land that is the sub-
ject of a lien or liens. (Prior code ~ 8-104)
14.32.250 Interim collection service charge on new construction.
A. An interim solid waste assessment shall be imposed against the owner of all assessed property for which a certifi-
cate of occupancy is issued subsequent to the assessment date. The amount of the interim solid waste assessment shall be
calculated upon a monthly rate~ which shall be one-twelfth of the annual solid waste assessment as established in the rate
resolution for the fiscal year in which the certificate of occupancy is issued for the applicable classification of assessed
property. Such lTIonthly rate shall be imposed for each full calendar lnonth remaining in the fiscal year. No certificate of
occupancy shall be issued until full paYlnent of the interim solid waste assessment is received by the county.
686
14.32.260
B. I ssuance of a certificate of occupancy by mistake or inadvertence~ and without the paYlnent in full of the interim
solid waste assesslnent~ shall not relieve the owner of the assessed property of the obligation offull payment. Such interiln
solid waste assessment shall be deemed delinquent on the date the certificate of occupancy was issued and shall constitute a
lien against such assessed property as of that date. The lien shall be equal in rank and dignity with the liens of all state~
county~ district or Inunicipal taxes and special assessments~ and superior in rank and dignity to all other subsequently filed
liens~ encurnbrances~ titles and claims in and to or against the real property involved and Inay be recorded as provided in
Section 14.32.230 and enforced as provided in Section 14.32.240. (Prior code ~ 8-] 05)
14.32.260 Correction of errors and omissions-Petition to board.
A. No act of error or olnission on the part of the property appraiser~ tax collector~ county~ clerk~ board or their deputies
or elnployees shall operate to release or discharge the obligation of the owner of assessed property for payment of the solid
waste assessment or the interim solid waste asseSSlnent imposed by the board under the provision of this chapter. Any errors
or omissions may be corrected at any time by the board~ or its designee~ and when so corrected shall be considered valid ab
initio and shall in no way affect the enforcelnent of the solid waste assessment or the interim solid waste asseSSlnent iln-
posed under the provisions of this chapter.
B. When it shall appear that any solid waste assessment should have been ilnposed under this chapter against an as-
sessed propl~rty~ but that such property was omitted from the solid waste assesslnent roll and its addendum~ ifany~ and col-
lection serviices were provided to such lot or parcel~ the board may~ by resolution~ impose the applicable annual solid waste
assessment for the fiscal year in which such error is discovered, in addition to the applicable solid waste assessment due for
the prior two fiscal years. Such total solid waste assessments shall become delinquent ifnot fully paid upon the expiration of
ninety (90) days from the date of the adoption of the resolution. Such solid waste assessment shall constitute a lien against
such assesst~d property upon becoIning delinquent and shall be subject to a penalty. The lien shall be equal in rank and dig-
nity with tht~ liens of all state, county ~ district or municipal taxes and special assessments and superior in rank and dignity to
all other subsequently filed liens~ encumbrances, titles and claims in and to or against the real property involved and may be
recorded as provided in Section] 4.32.230 and enforced as provided in Section 14.32.240.
C. Any owner of assessed property may petition the board to correct any asserted error or omission in relation to this
assessed property in the adoption of the annual solid waste assessment roll or its addendutn~ ifany~ or in the implementation
of this within ninety (90) days of the date the asserted error or omission occurred. Such petition shall be initiated by filing
with the county a written petition containing the name of the owner~ a legal description of the lot or parcel of assessed prop-
erty affectecl~ a summary description of the asserted error or omission and the relief requested of the board. Such petition
shall be considered by the board at any regular or special meeting.
D. Tht~ board shall have the authority at any time~ upon its own initiative or in response to a timely filed petition froIn
any owner of assessed property~ to correct any error or omission in the adoption of any annual solid waste assessment roll or
any addendum~ ifany, or in the implementation of this chapter~ including~ but not litnited to~ an error in inclusion or exclu-
s ion of any assessed property. (Prior code ~ 8-] 06)
14.32.270 Calculation of time periods.
For the purpose of calculating the time periods for the public notice required under Sections ]4.32.] 70 and ]4.32.200~
the date of initial publication shall be counted and the date of the public hearing shall not be counted. (Prior code ~ 8-107)
687
14.36.010
Chapter 14.36
INSPECTION AND COMPLIANCE PROGRAM FOR UNKNOWN
AND UNPERMITTED ON-SITE SEWAGE TREATMENT
AND DISPOSAL SYSTEMS
Sections:
14.36.010
14.36.020
14.36.030
14.36.040
14.36.050
Purpose and intent.
Applicability.
OSTDS permitting procedure.
Enforcement.
Certain properties declared cold spots for a limited purpose.
14.36.010 Purpose and intent.
This chapter establishes an inspection and compliance prograln for unknown and unpennitted on-site sewage treatment
and disposal systems (OSTDS) in unincorporated Monroe County~ as required by Policy 901.2 of the Monroe County Year
2010 Comprehensive Plan. The intent of this chapter is to require operating pennits for the (up to) seven thousand nine hun-
dred (7~900) existing~ unknown and unpermitted OSTDS located within approved areas that are not scheduled to hookup to
a centralized wastewater collection~ treatment, and disposal system by December 31,2009. This program shall be adminis-
tered by the Monroe County health department (""MCHD"). (Prior code ~ 15.5-16)
14.36.020 Applica bility.
This chapter shall apply to property owners of residential and comlnercial structures that are: (1) listed in the cesspool
identification and elimination project as having unknown sewage disposal~ and (2) located within specific geographic
boundaries approved by the board of county comlnissioners (""commission") as not being planned for hookup to a central
wastewater collection, treatment, and disposal system by December 31 ~ 2009. These comlnission-approved areas shall be
known collectively as ""cesspool identification and elimination areas." (Prior code ~ 15.5-17)
14.36.030 OSTDS permitting procedure.
A. Notification of Owners of Structures With Unknown OSTDS. Owners of the residential or comlnercial structures
listed in the cesspool identification and elitnination project conducted by the county and the MCHD in 1993-94, as having
unknown sewage disposat and located within a commission-approved cesspool identification and elimination area shall
receive a second notitication~ including an application form for an OSTDS operating permit from MCHD. It is the intent of
this chapter that all structures on the unknown sewage disposal list located within a cesspool identification and elimination
area shall receive this second notification by no later than July 12~ 2000. Notice shall be deemed complete and effective
upon mailing by U.S. mail to the owner"s current address as shown on the property appraiser~s roll on the date of In ailing.
B. Application Submittal and Compliance Determination for Properties Without Permitted OSTDS on Record. Owners
of improved properties without approved final OSTDS permits on record shall respond to MCHD within thirty (30) days of
the receipt of notification by MCHD by doing one of the following:
I. If the property owner has an OSTDS permit~ he or she shall submit a completed operating permit application with a
copy of the OSTDS permit and other requested infonnation.
2. If the property owner has a cesspool or unpermitted OSTDS, he or she shall sublnit to the MCHD a copy of his or
her executed contract, with a professional engineer registered in the state ofFlorida~ for the installation of a new MCHD-
approved OSTDS. The executed contract shall require the professional engineer to submit an application for the installation
ofa new OSTDS accompanied by the appropriate fees to the MCHD within thirty (30) days of the date of the execution of
the contract. The property owner shall have one hundred eighty (180) days from the date the OSTDS permit is issued to
install the new OSTDS and sublnit a completed application to MCHD for an OSTDS operating permit. The one hundred
eighty (180) day period may be extended ifan OSTDS variance is granted as provided for under the Florida Administrative
Code.
C. Variance from state requirements. A variance procedure~ provided by F.S. ~ 381.0065(4)(G), is available to appli-
cants~ if a proposed replacement OSTDS cannot meet state requirelnents of Chapter 1 OD-6~ Florida Adlninistrative Code. If
688
14.36.040
such variance is granted by the departtnent of health (including MCHD), then the property owner will be deelned in compli-
ance with this chapter. (Prior code ~ 15.5-18)
14.36.040 Enforcement.
A. Monitoring of Septic Tank Contractors, Engineers, and Plumbers.
1. All licensed septic tank contractors and plumbers doing business in the county, and registered with state, and regis-
tered professional engineers doing business in the county, must receive certification by the MCHD to be eligible to submit
systeln evaluations pursuant to this section.
2. To facilitate Inonitoring and enforcement, licensed septic tank contractors and plulnbers doing business in the
county, and registered with the state, and registered professional engineers doing business in the county, shall sublnit their
inspection schedules weekly to MCHD.
3. M<:HO shall monitor OSTOS inspections without notice.
B. Prohibitions.
1. Property owners. Property owners of residential and commercial structures located in a cesspool identification and
elilnination area and listed in the cesspool identification and elilnination project as having an unknown sewage disposal are
in violation of this section if: (I) structures on their property are served by an OSTDS and the property owner fails to submit
an application for an operating pennit by the date specified; or (2) the OSTOS on the property is permitted but is failing to
provide satisfactory service because it is a cesspool or an OSTOS which is either improperly built or improperly maintained.
Failure to obtain an operating permit by the date specified, creates a rebuttable presumption that the OSTOS is operating in
an unsafe or unsanitary manner, and creates reasonable cause to believe that a sanitary nuisance exists under F.S. Ch. 386.
2. Septic Tank Contractors, Engineers, Plumbers. Licensed septic tank contractors and plulnbers doing business in the
county, and registered with the state, and registered professional engineers doing business in the county are in violation of
this section if they: (I) falsify information on the operating pennit applications; (2) fail to regularly submit inspection
schedules; or (3) refuse monitoring by MCHO inspectors. Septic tank contractors, engineers, and plumbers found guilty ofa
violation of this section shall be referred to their licensing agency for disciplinary action. Two separate violations of this
section shall result in revocation of certification by MCHO to submit system evaluations pursuant to this section.
C. Penalties.
1. Violations of this section may be under F .S. Ch. 162, and Chapters 1.08 and 1.12 of this code, or pursuant to Chap-
ter 76-435, Laws of Florida. The violations may also be prosecuted in the same manner as misdemeanors are prosecuted, in
which case the violations shall be prosecuted in the name of the state in a court havingjurisdiction oflnisdelneanors by the
prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00) or
by imprisonment not to exceed sixty (60) days or by both such fine and imprisonment. Violations may also be prosecuted
through any other lawfully available means including civil and injunctive relief.
2. Where there is a reasonable cause to believe that an OSTOS constitutes a sanitary nuisance as defined in F.S. ~ 386,
local authorities shall request that the department of health or MCHD investigate the OSTOS pursuant to F.S. ~ 386.02, and,
if necessary, conduct enforcement activities as authorized by F.S. ~ 386.03 and 386.041. (Prior code ~ 15.5-19)
14.36.050 Certain properties declared cold spots for a limited purpose.
Residential structures that are in locations ranked 39-45 Keys wide in the Monroe County Sanitary Wastewater Master
Plan shall al.so be considered cold spots to the same extent as those properties described in Section ] 4.36.020. Property
owners of such structures are declared eligible for grant funds for the upgrade and replacement of noncompliant on-site
sewage disposal systems. Such property owners are subject to the enforcelnent provisions of Section ] 4.36.030. (Prior code
~ 15.5-19 . I}
689
14.40.0) 0
Chapter 14.40
CONNECTION OF ON-SITE SEWAGE TREATMENT AND
DISPOSAL SYSTEMS TO CENTRAL SEWAGE SYSTEM
Sections:
14.40.010
14.40.020
14.40.030
14.40.040
14.40.050
14.40.060
14.40.070
14.40.080
Definitions.
In te rp reta tio n-Co nstru ctio n.
Authority and purpose.
Connection to authority facilities-Findings.
Mandatory connection to authority facilities.
Connection of existing on-site sewage treatment and disposals systems to central sewerage
system.
Areas where effective.
V io la tions-Pena Ities.
14.40.010 Definitions.
As used in this chapter~ the following words and terms shall have the following Ineanings~ unless the context clearly oth-
erwise requires:
~~Authority" Ineans the Florida Keys Aqueduct Authority.
~~A vailable~~~ as applied to a governmentally owned sewerage system owned by the authority~ means that the governmen-
tally owned sewerage system is capable of being connected to the plumbing of an establishment or residence~ is not under a
department of environmental protection moratorium~ and has adequate permitted capacity to accept the sewage to be gener-
ated by the establishment or residence~ and~ unless determined otherwise by a court of competent jurisdiction:
1. For a residential subdivision lot~ a single-family residence~ or nonresidential establishment or building~ any of
which has an estimated sewage flow of one thousand (1 ~OOO) gallons per day or less~ a gravity sewer line to maintain gravity
flow from the property~s drain to the sewer line~ or a low pressure or vacuum sewage collection line in those areas approved
for low pressure or vacuum sewage collection~ exists in a public easement or right-of-way that abuts or is within two hun-
dred fifty (250) feet of the property line of the lot~ residence~ establishment or building~
2. For any residential or nonresidential establishment~ building or development with an estimated combined sewage
flow exceeding one thousand (1 ~OOO) gallons per day~ a sewer line~ force main~ or lift station exists in a public easelnent or
right-of-way that abuts the property line of the establishment~ building or development~ is within five hundred (500) feet of
the property line thereof as accessed via existing right-of-way or easements~
3. For proposed residential subdivisions with more than fifty (50) lots~ for proposed nonresidential subdivisions with
more than five lots~ and for areas zoned or used for an industrial manufacturing purpose or its equivalent, a sewerage system
exists within one-fourth mile of the property line of the development or building as measured and accessed via existing
easement or right-of-way~ or
4. For repairs or modifications within areas zoned or used for an industrial or manufacturing purpose or its equivalent~
a sewerage system exists within five hundred (500) feet of such establislunent's, building's or development's sewer stub-out
or property line as measured and accessed via existing right-of-way or easelnents.
~~Blackwater~~ means that part of domestic sewage carried off by toilets~ urinals~ and kitchen drains.
~~Boat slip/dock/berth" means a slip, dock or berth bordered by a seawall~ or a fixed or floating pier used for mooring or
docking boats~ houseboats~ barges, or other types of floating Inodules or vessels used for or capable of being used for resi-
dential~ or nonresidential use at either marina facilities or on private waterways.
~~Building~' Ineans any prelnises or structure~ either telnporary or permanent~ built for the support~ shelter or enclosure of
persons~ chattels or property of any kind~ or any other improvelnent~ use~ or structure which creates or increases the poten-
tial delnand on the water wastewater and/or reclailned water utility systeln operated by the authority. This term includes
trailers~ mobilehomes~ boat slip/dock/berth, or any vehicle serving in any way the function ofa building. This term shall not
include temporary construction sheds or trailers erected to assist in construction and maintained during the term of a build-
ing penn it.
690
14.40.020
"~Building permit" means an official document or certificate issued by the authority having jurisdiction, authorizing the
construction or siting of any building. The tenn ~~building penn it" also includes tie-down permits or other siInilar authoriza-
tions for those structures or buildings, such as a mobilehome or a boat slip/dock/berth, that does not otherwise require a
building permit in order to be occupied.
~~Domestic sewage" means hUlnan body waste and wastewater, including bath and toilet waste, residential laundry waste,
residential kitchen waste, and other similar waste from appurtenances at a residence or establishment.
"~Graywater" lneans that part of domestic sewage that is not blackwater including waste from the bath, lavatory, laundry
and sink, except kitchen sink waste.
....Onsite sewage treatInent and disposal system" means a systeln that contains a standard subsurface, filled, or lnound
drainfield systeln~ an aerobic treatment unit~ a graywater systeJn tank; a laundry wastewater system tank; a septic tank; a
grease interceptor; a closing tank; a solids or effluent pUJnp; a waterless, incinerating, or organic waste-composting toilet~ a
sanitary pit privy that is installed or proposed to be installed beyond the building on land of the owner or on other land to
which the owner has the legal right to install a systeJn; and package sewage treatment facilities, including those facilities
that are in tllll compliance with all regulatory requirements and treat sewage to advanced wastewater treatment standards or
utilize effluent reuse as their pritnary method of effluent disposal. As used in this definition the reference to ~~package sew-
age treatment facilities" includes any wastewater treatment facility permitted for operation by the Florida Department of
Environmental Protection, or its successor in function.
"~Ordinance" means this Florida Keys Aqueduct Authority Wastewater Facilities Use Ordinance.
~~Owner" means a person who is the record owner of any premises, or any person claiming by through or under such per-
son.
"~Person" means any individual, partnership, firm, organization, corporation, association, or any other legal entity,
whether singular or plural, masculine or feminine, as the context may require.
"~Premises'" means any and all real property and tangible personal property affixed to real property served or capable of
being served by the authority. (Prior code ~S 15.5-20, 15.5-26)
14.40.020 Interpretation-Construction.
A. Unless the context indicates otherwise, words importing the singular nUlnber include the plural number and vice
versa; the t(;~rms "~hereof," ~~hereby," "herein," "hereto," ~~hereunder" and similar terms refer to this chapter; and the term
"~hereafter" means after., and the term "~heretofore" means before., the effective date of the ordinance codified in this chapter.
Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise.
B. The adoption of the ordinance codified in this chapter is done at the request of the authority in furtherance of an
interIocal agreeJnent between the county and the authority. (Prior code ~ 15.5-27)
14.40.030 Authority and purpose.
A. Pursuant to Section 4, Chapter 99-395, Laws of Florida, the county is expressly authorized to enact certain provi-
sions of this chapter: (1) requiring connection to authority wastewater facilities; and (2) providing for the use of certain
definitions relating to on-site sewage treatment and disposal systems.
B. Pursuant to Chapter 76-441, Laws of Florida., as amended, the authority has exclusive jurisdiction over the adlnini-
stration, maintenance., development and provision of wastewater services within certain incorporated and unincorporated
areas of Monroe County; the adoption of the ordinance codified in this chapter has been requested and preapproved by the
authority. (Prior code ~ ] 5.5-28)
14.40.040 Connection to authority facilities-Findings.
It is ascertained, determined, and declared that:
A. The~ Florida Legislature has identified the Florida Keys as an area of critical state concern; pollution and question-
able water quality resulting from the absence of adequate wastewater treatlnent throughout the Florida Keys is a threat to the
environment and the health., safety and welfare of landowners and persons inhabiting the Florida Keys.
B. The' Florida Legislature has charged the authority with the responsibility to plan and provide for water and sewer
systems within the Florida Keys and to enforce the use of its wastewater facilities whenever and wherever they are accessi-
ble.
69]
14.40.050
C. The Florida Legislature has elnpowered the authority to both prohibit the use of and Inandate the use of wastewater
facilities within the Florida Keys.
D. The Florida Legislature has authorized the county to enact local legislation that: (1) requires connection to a central
sewage system within specified time periods~ and (2) provides a definition of on-site sewage treatlnent and disposal systelns
that does not exclude package sewage treatment facilities even facilities are in full cOlnpliance with all regulatory require-
ments and treat sewage to advanced wastewater treatment standards or utilize effluent reuse as their primary method ofef-
fluent disposal.
E. The authority has embarked upon the creation of a wastewater system to equitably ~ ecologically and economically
manage wastewater and improve water quality in the Florida Keys. The presence of the authority~s wastewater facilities will
enhance and benefit the environment and the health~ safety and general welfare of landowners and persons inhabiting the
Florida Keys.
F. Mandatory connection to the authority~s wastewater facilities is fundalnental to the successful financing~ creation
and operation of the authority~s wastewater systelns~ mandatory connection to a governmental utility system and the subse-
quent charges flowing therefrom have long been held to be a proper exercise of the governmental power to regulate and
protect the welfare of the public. (Prior code ~ 15.5-29)
14.40.050 Mandatory connection to authority facilities.
A. The owner of an improved parcel of land or premises shall~ at the owner~s expense~ connect anyon-site sewage
treatment and disposal system (including decomlnissioning any such on-site sewage treatment and disposal system and con-
nection of the collection facilities served thereby to the authority's wastewater system) and or a building's plulnbing to the
authority's wastewater system upon written notification that the authority's wastewater facilities are available for connec-
tion. Connection shall occur within thirty (30) days of notice of availability of services~ or as otherwise provided by law.
B. No less than one year prior to the date the Authority~s wastewater system is expected to become available, the Au-
thority shall be responsible for notifying the affected owners of the anticipated availability of such wastewater facilities and
such owners shall be required to connect~ at their expense, to the Authority's wastewater facilities within thirty (30) days of
actual availability~ or as otherwise may be provided by law. Failure to tilnely provide such notice or failure of any individual
owner to timely receive such notice shall not serve as a bar to enforcement of mandatory connection by the authority.
C. All connections shall be consistent with and governed by the Authority~s agreement for service provisions and all
other applicable authority rules and regulations relating to water and wastewater and the provision thereof.
D. In the event an owner fails or refuses to timely connect the premises, anyon-site disposal system and/or a building
to the authority wastewater facilities within the tilne prescribed herein, or by state and/or local rules and regulations, the
authority may seek and elnploy any legally available remedy to cause the installation of the on-site wastewater facilities
necessary to effectuate the connection of the premises to the Authority~s wastewater system.
E. In the event the county or the authority is required to seek a writ or order, or otherwise litigate any action compel-
ling connection~ all costs of such action experienced by the county and/or the Authority~ including attorney fees and court
costs, may be assessed to the owner. (Prior code ~ 15.5-30)
14.40.060 Connection of existing on-site sewage treatment and disposals systems to central sewerage
system.
A. The owner of an on site sewage treatment and disposal system must connect the system or the building~s plumbing
to an available publicly owned or investor-owned sewerage system within thirty (30) days after written notification by the
owner of the publicly owned or investor-owned sewerage system that the systeln is available for connection. The publicly
owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the
availability of the central sewerage system. No less than one year prior to the date the sewerage systeln will becolne avail-
able, the publicly owned or investor-owned sewerage systeln shall notify the affected owner of the onsite sewage treatment
and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will
be required to connect to the sewerage systeln within thirty (30) days of the actual availability. The owner shall have the
option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to
exceed two years from the date of the initial notification of anticipated availability.
B. Subsequent to the effective date of this chapter the county comlnission may, subject to approval of the FKAA,
adopt a resolution providing that the owner of an onsite sewage treatment and disposal system may pay any connection fees
692
14.40.070
charged by an investor-owned sewerage system in monthly installments without interest over a period of time not to exceed
five years fi~om the date the sewerage system becomes available if the county determines that the owner has demonstrated
financial hardship. The resolution must contain, at a minimum, the following:
I. The designation of the county employees or officers elnpowered to tnake the hardship detennination~ and
2. The criteria for Inaking the determination which take into account the owner's net worth, income, and financial
needs. (Prior code ~ 15.5-21)
14.40.070 Areas where effective.
Notwithstanding any provision herein or in this code to the contrary, the provisions of this chapter shall be deelned to be
effective as to the Florida Keys Aqueduct Authority, and wastewater systems or facilities owned by the Florida Aqueduct
Authority, in all areas of Monroe County in which the Florida Keys Aqueduct Authority is authorized by law to provide
wastewater services and facilities. (Prior code ~ 15-31)
14.40.080 Violation-Penalties.
Violations of this chapter may be prosecuted before the code enforcement special master (or board) as authorized by
Chapters 1.08 and 1.12 of this code, and F.S. Ch. 162, Part I, by a notice to appear issued under F.S. Chs. 53, Art. II and
] 62, Part II and F.S. 9 125.69(2), or Chapter 76-435, Laws of Florida, by prosecution as a second degree misdemeanor pur-
suant to F.S. ~ ] 25.69( I), or by any other method authorized by law for assuring compliance with the terms of this chapter
including suits for injunctive relief. (Prior code SS 15.5-22, 15.5-32)
693
14.44.010
Sections:
14.44.010
14.44.020
14.44.030
14.44.040
14.44.050
14.44.060
14.44.070
14.44.080
14.44.090
Chapter 14.44
UNIFORM WASTEWATER CONNECTION STANDARDS
Short title.
Purpose.
Applica bility.
Definitions.
Hydrostatic test.
Infiltration and Inflow (1&1).
Ownership of system constructed by private property owner.
General direction.
Conflicts with other laws or regulations.
14.44.010 Short title.
This chapter shall be known as the "Unincorporated Monroe County Uniform Wastewater Connection Standard."" (Ord.
028- 2003 ~ 1 (part): prior code ~ 15.5-33)
14.44.020 Purpose.
This chapter serves to supplement Chapter 14.40 of the Monroe County Code. (Ord. 028-2003 ~ 1 (part): prior code
~ 15.5-34)
14.44.030 Applicability.
A. This policy applies to all publicly owned and investor-owned wastewater utilities in unincorporated Monroe County
financially supported by the board of county cOlnmissioners., including the Florida Keys Aqueduct Authority (FKAA)., the
Key Largo wastewater treatment district (KL WTD)., and Key West resort utility (KWRU).
B. The goal of this policy is to have every residential and commercial user of a system treated equitably to the greatest
extent possible:
1. In the utilities" provision of wastewater facilities in the public right-of-way~ and
2. In the wastewater components that are required to be provided by the user on his or her private property. (Ord. 028-
2003 ~ 1 (part): prior code ~ 15.5-35)
14.44.040 Definitions.
As used in this chapter:
""Compatible system" Ineans a vacuum system (or other collection system provided by the utility within the public right-
of-way)., or a sewage force main., if the utility has a force Inain with adequate capacity. Note larger concentrated flows may
require connection to a utility-provided force main within the public right-of-way.
"'Connection"" is defined as the point where an individual or multiple EDUs are connected to the utility"s central collec-
tion system and may be by gravity., pressure., or vacuum.
Equivalent Dwelling Unit (EDU). For purposes of this chapter., one EDU is assumed to generate a sewage flow of one
hundred sixty-seven (167) gallons per day., and a recreational vehicle (RY) unit is assumed to generate a sewage flow of
seventy-five (75) gallons per day. One EDU is equivalent to one equivalent residential connection (ERC) as defined by
some utilities. (Ord. 028-2003 ~ 1 (part): prior code ~ 15.5-36 (part))
14.44.050 Hydrostatic test.
A. Pipelines. All private gravity sewers shall be tested for leakage prior to connection to the utility.
All testing for acceptance shall be performed at periods of lowest tide. Testing shall be performed only during the six
hour period of the lowest tide period of each day (once per day). The utility shall determine this six hour period each day.
B. Testing equipment accuracy: plus or minus one-half gallon of water leakage under specified conditions.
C. Maximum allowable leakage: 0.16 gallon per hour per inch diameter per one hundred (100) feet.
694
14.44.060
D. Hydrostatic head shall be:
1. At least six feet above Inaxilnum estimated groundwater level in section being tested~
2. No less than six feet above inside top of highest section of pipe in test section.
E. PUJmping stations shall be designed with a standard receptacle for connecting portable power generating equipment.
F. Multiple pumps shall be provided with capacity such that., with any unit out of service., the remaining units will
have capacity to handle the peak hourly flow.
G. Force main leakage tests shall be performed in a manner acceptable to the utility's engineers. (Ord. 028-2003 ~ 1
(part): prior code ~ 15.5-36 (part))
14.44.060 Infiltration and Inflow (1&1).
Infiltration and inflow (1&1) is the introduction of storm water run-off, groundwater or other sources ofuncontalninated
water into a sanitary sewer system. The introduction of 1&1 is prohibited by Chapter 62 of the Florida Administrative Code.
All sewer collection systems shall be demonstrated to be free of 1&1 using one of the test methods cited under the definition
of industry and utility standard or by an alternative test method approved by the utility's engineer. (Ord. 028-2003 ~ ]
(part): prior code ~ 15.5-36 (part))
14.44.070 Ownership of system constructed by private property owner.
Where reasonable pennanent and temporary easements are granted by the private property owner, the utility may take
over the facilities within the permanent easement for ownership and for operation and maintenance in accordance with Sec-
tion 14.44.080. Facilities outside the pennanent easement shall remain the responsibility of the private property owner.
(Ord. 028-2003 ~ 1 (part): prior code 9 15.5-36 (part))
14.44.080 General direction.
A. Ev(~ry user, either residential or commercial, shall have utility facilities made available to him or her for connection
of his or her system in the public right-of-way, abutting his or her property.
B. Ne\v wastewater systems or extensions generally will be vacuum systems, which the Monroe County Sanitary
Wastewater Master Plan identifies as the most economical for systems of two hundred (200) to three hundred (300) users or
greater in M[ onroe County.
C. Larger concentrated flows may best be accommodated by connection of an upgraded existing or new pump station
to a wastewater force main provided by the utility within the public right-of-way rather than connection to the vacuum main.
The decisions as to such improvements will be made by the utility based principally on cost efficiency in consideration of
expense to both the utility and properties that may be connected to it.
D. Purnp Stations.
I. For existing wastewater pump stations, the user shall upgrade, at his or her cost, the pump station to industry and
utility standards so that the station is able to discharge the design flow to the wastewater to the collection system.
2. For new wastewater pump stations, the user shall provide, at his or her cost, the new pump station that complies
with industry and utility standards.
3. Once installed or upgraded, the user may own and operate the pump station, or may turn it over to the utility, free of
charge, for ownership and for operation and maintenance, if the utility policy permits. The utility is encouraged to adopt
such a policy if one does not exist. Generally, the gravity wastewater collection system upstream of the pump station shall
remain the responsibility of the owner.
E. For private property or contiguous properties under one ownership with one or more EDUs which in total haslhave
a cumulativ(~ estimated wastewater flow of less than one thousand (] ,000) gallons per day:
I. The utility shall provide a Ineans of connection within the public right-of-way, whether by vacuum pit or other, that
abuts the property and that can be accessed via a gravity systeln~ or
2. At the request of the property owner, the utility shall provide a connection to the utility system at the public right-
of-way line that abuts the property for the property owner to extend onto his or her property a collection system that is COlTI-
patible with the utility system and meets the minimum utility design standards.
F. There are two options available for a private property or contiguous properties under one ownership with multiple
dwelling units., such as mobilehome parks, apartments, condominium associations, etc. which cumulatively has an estilnated
695
14.44.090
sewage flow exceeding one thousand (1 ~OOO) gallons per day and which is currently served by onsite wastewater systelTIs
(septic or unknown) or which is currently served by existing wastewater infrastructure and a wastewater treatment plant:
1. The utility Inay provide a connection to the utility system at the public right-of-way line for the property owner to
extend a collection system onto his or her property. The collection systeln shall be cOlnpatible with the utility systeln and
shalllneet minimum utility design standards.
2. Where reasonable permanent and temporary easements are granted by the private property owner~ the utility Inay ~
at its discretion~ provide facilities within the granted easelnents~ or at the utility~s discretion may accept facilities con-
structed by the private property owner for operation and Inaintenance.
The utility is encouraged to meet with the property owner and his or her engineer to review the options that are available.
G. For new developlnents or existing developments constructing a new collection system (including subdivisions)~ the
developer shalJ construct the colJection system to industry and utility standards and turn over the facilities within public
rights-of-way~ or within acceptable permanent and telnporary easelnents granted by the developer~ free of charge~ to the
utility for ownership and for operation and maintenance. The wastewater ilnprovements~ and all local and state permitting
that may be required~ shall be coordinated with the county's development review process as defined in Title 9~ Monroe
County Code.
H. Before a wastewater collection system can be connected to the utility~s system, the user shall delnonstrate to the
satisfaction of the utility that the collection system is free of excessive infiltration and inflow (1&1)., in accordance with in-
dustry and utility standards. If the system is not free of excessive 1&1, the system shall be brought up to industry and utility
standards before connection to the utility system. All other components of the wastewater system must meet industry and
utility. standards. (Ord. 028-2003 ~ 1 (part): prior code * 15.5-37)
14.44.090 Conflicts with other laws or regulations.
In the case of a contlict between this unincorporated Monroe County wastewater connection standard and any state or
federal law or administrative rule or regulation~ the provisions of state or federal law or administrative rule or regulation
shall control. (Ord. 028-2003 ~ 1 (part): prior code * 15.5-38)
696
Sections:
14.48.010
14.48.020
14.48.030
14.48.040
14.48.050
14.48.0()10
14.48.070
14.48.0B:0
14.48.0910
14.48.010
Chapter 14.48
KEY LARGO AREA CENTRAL SEWAGE
MUNICIPAL SERVICE BENEFIT UNIT
Creation of MSBU.
Establishment.
Governing body-Designated.
Governing body-Powers and duties.
Levy of non-ad valorem assessment.
Contractual requirements.
Use of county personnel for MSBU tasks.
Clerk designated-Duties.
Adoption of assessment resolutions and non-ad valorem rolls.
14.48.010 Creation ofMSBU.
A. Thl~ creation of the Key Largo Area central sewage municipal service benefit unit (MSBU) is the best available
alternative to funding, constructing, operating and maintaining a central sewage systeln for residential, commercial.. charita-
ble or religious properties within the MSBU because only those property owners who will be specially benefitted will pay
the non-ad valoreln assessment~
B. The construction, operation and maintenance ofa central sewage system constitutes a valid public purpose and mu-
nicipal service for which a municipal service benefit unit lnay be created under F.S. ~ ]25.0]{I){q) and (r). (Prior code
~ 15.5-5])
14.48.020 Establishment.
Pursuant to the provisions ofF.S. ~ 125.0 I (l){ q) and (r), there is established the Key Largo Area central sewage munici-
pal service benefit unit (MSBU) for the purpose of providing central sewage infrastructure. The MSBU is cOlnprised of the
following areas:
A. Key Largo excluding Ocean Reef~ and
B. Cross Key. (Prior code ~ 15.5-52)
14.48.030 Governing body-Designated.
The governing body of the MSBU is the board of county commissioners of Monroe County, Florida. (Prior code
~ 15.5-53)
14.48.040 Governing body-Powers and duties.
The gove~rning body has the following powers and duties:
A. To sue and be sued~
B. To contract and be contracted with and to enter into interlocal agreements with other government entities, in order
to carry out any of the purposes of this chapter~
C. To construct, operate and maintain central sewage infrastructure (including, but not limited to, treatment facilities,
pipes and pUlnping stations) necessary to provide sewage collection service to residential, commercial, charitable and reli-
gious propel1ies within the MSBU and to transport the sewage so collected to a central wastewater treatment facility~
D. To levy non-ad valorem assessments against all property within the MSBU specially benefited by the construction
of central sewage infrastructure for the payment of the costs of such construction~
E. To borrow and expend money, issue bonds, revenue certificates, and other obligations of indebtedness, subject to
the limitations provided by generallaw~
F. To establish, charge and collect fees, including connection fees, for the construction, operation or maintenance of
the sewage infrastructure~
697
14.48.050
G. To transfer funds collected or received to other governmental entities or private entities for carrying out the pur-
poses of this chapter~
H. To employ and hire such elnployees and independent contractors as deemed necessary for the construction, opera-
tion of the central sewage infrastructure~
I. To receive grants and other revenues on behalf of the MSBU~
J. To acquire by gift, purchase/lease purchase, or the exercise of elninent domain, land or any other property and to
convey land or any other property~
K. To lease land or goods for its own behalf or to others. (Prior code ~ 15.5-54)
14.48.050 Levy of non-ad valorem assessment.
A. In order to fund the MSBU expenditures authorized by this chapter, the governing body lnay ilnpose non-ad
valorem assessments pursuant to F.S. ~ 197.3632, against all real property within the MSBU that will be specially benefited
by the construction, operation and lnaintenance of central sewage infrastructure. The non-ad valoreln asseSSlnents lnay be
calculated on a front footage or per lot or per unit basis or according to any other lnethod lawful in the state of Florida that
fairly apportions the cost of constructing the central sewage infrastructure and the benefit received by the property subject to
the asseSSlnent. If the owner of real property contributes land or capital ilnprovements that will be used and useful in the
construction or operation of the central sewage infrastructure, then the amount of the non-ad valoreln assessment levied
against the real property of the owner must be reduced by a credit equal to the value of the contribution, or to zero if the
contribution exceeds the amount of the assessment. However if the governing body levies a non-ad valoreln asseSSlnent
pursuant to this chapter for multiple years and, if the contribution exceeds the value of the asseSSlnent in the year in which
the contribution was made, then the value of the contribution remaining after the initial deduction must be credited against
subsequent asseSSlnents until the credit value is reduced to zero. The value of any contribution of land or capital improve-
ments must be made by a real estate appraiser employed by the county or the county engineer, as appropriate, after confer-
ring with the contributing property owner or his or her representative(s). The decision of the appraiser or county engineer as
to value is the final determination of the MSBU.
B. Ifupon completion of central sewage infrastructure and the retirement of any bonds, anticipation warrants, notes or
other instruments of indebtedness, there remain unused MSBU funds originally collected through non-ad valorem assess-
lnents, those funds may be refunded to the owners of properties (as shown by the most current records of the property ap-
praiser) that were subject to assessment in a lnanner that the governing body determines to be fair and just. However, in
calculating the alnount available for refund, the governing body must set aside s sufficient amount to cover the adlninistra-
tive costs in lnaking the refund. (Prior code ~ 15.5-55)
14.48.060 Contractual requirements.
In entering into contracts, the MSBU must observe all applicable statutes, county ordinances and purchasing policies,
including all county insurance and indelnnification requirelnents. The requirement of any applicable statute, county ordi-
nance or purchasing policy may be waived for the MSBU only to the extent that waivers are authorized by the statute, ordi-
nance or policy. (Prior code ~ 15.5-56)
14.48.070 Use of county personnel for MSBU tasks.
The county adlninistrator must make county personnel available to the MSBU for carrying out its task of constructing,
operating and maintaining central sewage infrastructure. The MSBU must, however, reimburse to the county the county's
costs in furnishing personne 1. ""Costs," for the purposes of this subsection, means a pro-rata share of salaries and benefits
(including retirement contributions) for the county personnel furnishing assistance, plus F.S. ~ 112.061, reimbursable ex-
penses. (Prior code ~ 15.5-57)
14.48.080 Clerk designated-Duties.
The clerk of the circuit court is the clerk, accountant and auditor for the MSBU. The clerk is the custodian of the
MSBU's records, Ininutes and accounts. The clerk must invest or reinvest surplus MSBU funds in the saIne Inanner as the
clerk invests or reinvests other surplus county funds and audit the MSBU's account in the same manner as the accounts of
the county cOlnmission are audited. The MSBU lnust reimburse the clerk's costs in furnishing his or her services as clerk
and accountant. ""Costs," for the purpose of this section, lneans a pro-rata share of the salaries and benefits (including re-
698
14.48.090
tirement contributions) of the clerk's personnel furnishing services to the MSBU, plus F.S. S 112.061, reimbursable ex-
penses. (Prior code ~ 15.5-58)
14.48.090 Adoption of assessment resolutions and non-ad valorem rolls.
A. The adoption of assessment resolutions and non-ad valorem rolls must be as provided in F.S. ~ 197.3632. At the
public hearing at which the governing body adopts the assessment, the governing body may adjust the assessment, or the
application of the assessment to any affected property, based on the benefit which the governing body will provide or has
provided to the property with the revenue generated by the assessment notwithstanding the notice provided as required by
F .S. ~ 197 .3632( 4 )(b).
B. At the public hearing provided in subsection A of this section, the governing board may also adopt such fees and
service charges as the governing board detennines are prudent and useful in carrying out the purposes of the MSBU. (Prior
code ~ 15.5-59)
699
14.52.0 10
Chapter 14.52
WATER AND IRRIGATION CONSERVATION
Sections:
14.52.010
14.52.020
14.52.030
14.52.040
14.52.050
14.52.060
14.52.070
Short title-Applicability-Authority.
Pu rpose.
Definitions.
Restrictions.
Exemptions.
Violations-Penalties.
Variance relief.
14.52.010 Short title-Applicability-Authority.
A. This chapter shall be known as the ~"Monroe County Water and Irrigation Conservation Ordinance.~~
B. All provisions of this chapter shall be effective within the unincorporated areas of Monroe County~ Florida~ and
shall set restrictions~ constraints and prohibitions to enhance the county ~ s water resources and provide a permanent water
conservation measure. Unless otherwise provided~ nothing in this chapter shall be construed to relieve any person from
cOlnpliance with any applicable regulations enacted by the county or any municipality~ district or other political subdivision
of the state of Florida.
C. This chapter is adopted under the authority ofF.S. Ch. 125~ as alnended. (Prior code ~ 2.4-41)
14.52.020 Purpose.
The purpose of this chapter is to establish a regulatory framework and guidance document which will help ensure that
water and landscape irrigation conservation will be consistent throughout Monroe County. (Prior code ~ 2.4-42)
14.52.030 Definitions.
The following definitions shall apply within this chapter:
~~Agriculture" means the growing offann products including~ but not limited to~ vegetables~ citrus and other fruits~ sod or
nursery stock including~ but not limited to~ ornamental foliage and greenhouse plants.
~~Code enforcement officer/code inspector" means any authorized agent or employee of the county whose duty is to en-
sure compliance with the provisions of this chapter~ including~ but not limited to~ law enforcement officers and designated
elnployees of the code enforcement department.
~"Impervious~~ means land surfaces which do not allow the penetration of water including paved roads~ sidewalks~ drive-
ways~ parking lots and highly compacted areas including shell or clay.
~"Irrigation" means the direct application of water by means other than precipitation.
~"Irrigation systems~~ means equipment and devices which deliver water to plants being irrigated.
~"Person~~ includes any natural person~ individuaL public or private corporation~ firm~ association~joint venture~ partner-
ship, municipality~ governmental agency~ political subdivision~ public officer or any other entity whatsoever~ or any combi-
nation of such~ jointly or severally. (Prior code ~ 2.4-43)
14.52.040 Restrictions.
A. Irrigation of any residential~ cOlnmercial~ institutional, governmental or industrial landscape areas shall be restricted
to the hours of five p.In. to nine a.m.
B. It is unlawful to operate or cause the operation of any irrigation system or device in a manner causing potable water
to be washed~ including~ but not limited to, unnecessary watering of impervious areas, other than that which may occur inci-
dental to the property operation of the primary irrigation system.
C. Upon the effective date of this chapter, new installations of automatic irrigation systems shall be equipped with a
water sensing device which will automatically discontinue irrigation during periods of rainfall. (Prior code ~ 2.4-44)
700
14.52.050
14.52.050 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Landscape irrigation by hand watering using a self-canceling nozzle;
B. Landscape irrigation by systems from which the sole source is treated wastewater effluent, cistern water, or desali-
nated water;
C. The operation of irrigation systems for system repair and maintenance;
D. Flushing of water mains required for normal water main clearance and maintenance and for maintenance of water
quality; ho\vever, where practical, contractors shall direct flushed water into pervious areas, flush at the minimum rate nec-
essary for cleaning and disperse the water in such a tnanner to benefit local vegetation;
E. La1t1dscape irrigation for purposes of watering in fungicides, insecticides and herbicides as required by the manufac-
turer or by federal or state laws; however, this exemption applies only to licensed pest control operators and shall be limited
to tnanufacturer's recomtnendations;
F. Landscape irrigation for the purpose of watering in newly planted grass and foliage for the first forty-five (45) days
after initial installation;
G. Irrigation activity for dust emissions required by court or administrative action:
H. Agricultural irrigation where the use of water is permitted by a consumptive or water use permit issued by the
SFWMD. (Prior code ~ 2.4-45)
14.52.060 Violations-Penalties.
A. Failure to comply with the requirements of this chapter shall constitute a violation of a county ordinance., and may
be punished as provided by F. S. ~ 125 .69( 1 ).
B. Violations of the provisions of this chapter may also be punished, pursuant to F.S. ~ 162.21, as a civil infraction
with maximum civil penalty not to exceed five hundred dollars ($500.00) as set forth in the Monroe County Code enforce-
ment citation system.
C. Each day in violation of the provisions of this chapter shall constitute a separate offense.
D. In addition to the sanctions contained herein, the county may take appropriate action, including but not limited to,
administrative action and requests for temporary and permanent injunctions, to enforce the provisions of this chapter.
E. All moneys collected pursuant to this chapter shall be deposited in the Monroe County general fund or such other
place as tnay be designated by resolution of the SOCC. (Prior code ~ 2.4-46)
14.52.070 Variance relief.
A. Any person affected by the provisions of this chapter may make application to the growth management director, or
his or her designee, for a variance, if compliance would impose a unique, unnecessary and inequitable hardship on such
person. Reliefmay be granted only upon a demonstration that such hardship is peculiar to the person or the affected prop-
erty and is not self-imposed, and that the grant of the variance will be consistent with the general intent and purpose of this
chapter. Any application for variance or appeal shall be sent by certified mail, return receipt requested.
B. Upon receipt of an application for variance, the growth management director, or his or her designee, shall render a
written decision on the variance within ten (10) working days. Denials of variance reliefmay be appealed to the planning
cotnmission within twenty (20) days of such person's receipt of the notice of denial. The planning commission 'l s decision is
the final adrninistrative action of Monroe County.
C. An application for a variance, and/or the granting of a variance, shall operate prospectively, and shall not affect any
pending enforcement action against the property owner pursuant to the provisions of this chapter. (Prior code ~ 2.4-47)
701
14.56.010
Chapter 14.56
WATER SHORTAGE REGULATIONS
Sections:
14.56.010
14.56.020
14.56.030
14.56.040
14.56.050
14.56.060
14.56.070
14.56.080
Intent and purpose.
Definitions.
Application.
Amendments to water shortage plan.
Declaration of water shortage-Water shortage emergency.
Enforcement.
V io la tio ns-Pena Ities.
Water users to accept chapter provisions.
14.56.010 Intent and purpose.
It is the intent and purpose of this chapter to protect the water resources of the county from the harmful effects of overuti-
lization during periods of water shortage and allocate available water supplies by assisting the SFWMD in the implementa-
tion of its water shortage plan. (Prior code ~ 2.4-26)
14.56.020 Definitions.
For the purpose of this chapter the following terms~ phrases~ words and their derivatives shall have the meaning given
herein. When not inconsistent with the context~ words used in the present tense include the future~ words in the plural in-
clude the singular~ and words in the singular include the plural. The word ~'shall" is always Inandatory and not merely direc-
tory .
~'Districf~ means the South Florida water management district.
~'Person" means any person~ firm~ partnership~ association~ corporation~ company ~ or organization of any kind.
~'Water resource" means any and all water on or beneath the surface of the ground~ including natural or artificial water
courses~ lakes~ ponds~ or diffused surface water~ and water percolating~ standing~ or flowing beneath the surface of the
ground.
~'Water shortage condition" means when sufficient water is not available to Ineet present or anticipated needs of persons
using the water resource~ or when conditions are such as to require temporary reduction in total water usage within a par-
ticular area to protect the water resource from serious harm. A water shortage usually occurs due to drought.
~'Water shortage emergency" means that situation when the powers which can be exercised under Part II of Chapter
40E-21 ~ Florida Adlninistrative Code~ are not sufficient to protect the public health~ safety~ or welfare~ or the health of ani-
mals~ fish or aquatic life~ or a public water supply~ or cOlnmerciat industrial~ agriculturat recreational or other reasonable
uses. (Prior code S 2.4-27 (part))
14.56.030 Application.
The provisions of this chapter shall apply to all persons using the water resource within the geographical areas subject to
the water shortage or water shortage emergency~ as determined by the district~ whether from public or privately owned wa-
ter utility systems~ private wells~ or private connections with surface water bodies. This chapter shall not apply to persons
using treated effluent or saltwater. (Prior code S 2.4-27)
14.56.040 Amendments to water shortage plan.
Chapter 40E-21 ~ Florida Adlninistrative Code~ as it may be amended from time to time~ is incorporated herein by refer-
ence as a part of the Monroe County Code. (Prior code ~ 2.4-28)
14.56.050 Declaration of water shortage-Water shortage emergency.
The declaration of a water shortage or water shortage emergency within all or any part of the county by the governing
board or the executive director of the district shall invoke the provisions of this chapter. Upon such declaration~ all water use
restrictions or other measures adopted by the district applicable to the county~ or any portion thereof~ shall be subject to en-
702
14.56.060
forcelnent action pursuant to this chapter. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code,
or any order issued pursuant thereto, shall be a violation of this chapter. (Prior code ~ 2.4-29)
14.56.060 Enforcement.
Every police officer or sheriffhavingjurisdiction in the areas governed by this chapter shall, in connection with all other
duties imposed by law, diligently enforce the provisions of this chapter. In addition, the county administrator may also dele-
gate enforcement responsibility for this chapter to agencies and departments of the county government governed by this
chapter, in accordance with state and local law. (Prior code S 2.4-30)
14.56.070 Violations-Penalties.
Violation of any provision of this chapter shall be subject to the following penalties:
First violation
Second and subsequent violations
Twenty-five dollars ($25.00).
Fine not to exceed five hundred dollars ($500.00) and/or
imprisonment in the county jail not to exceed sixty (60) days.
Each day in violation of this chapter shall constitute a separate offense. In the initial stages of a water shortage or water
shortage emergency, law enforcement officials may provide violators with no more than one written warning. The county,
in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited
to emergency injunctive action, to enforce the provisions of this chapter. (Prior code S 2.4-31 )
14.56.080 Water users to accept chapter provisions.
No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the
provisions of this chapter. The acceptance of water service shall be in itself the acceptance of the provisions thereof. (Prior
code S 2.4-32)
703
14.60.010
Sections:
14.60.010
14.60.020
14.60.030
14.60.040
Sections:
14.60.050
14.60.060
14.60.070
14.60.080
14.60.090
14.60.100
14.60.110
14.60.120
14.60.130
14.60.140
14.60.150
14.60.160
Sections:
14.60.170
14.60.180
14.60.190
Sections:
14.60.200
14.60.210
Chapter 14.60
WASTEWATER ASSESSMENTS
Article 1
Introduction
Definitions.
Interpretation.
Findings and Purpose.
Legislative determinations of special benefit.
Article 2
Annual Wastewater Assessments
General authority.
Initial proceedings.
Conditions on election to pay the assessable costs in installments.
Initial assessment roll.
Notice by publication.
Adoption of final assessment resolution.
Effect of final assessment resolution.
Adoption of annual rate resolution.
Lien of annual wastewater assessments.
Revisions to annual wastewater assessments.
Procedural irregularities.
Correction of errors and omissions.
Article 3
Collection and Use of Annual Wastewater Assessments
Method of collection.
Alternative method of collection.
Government property.
Article 4
General Provisions
Applica bility.
Alternative method.
Article 1
Introduction
14.60.010 Definitions.
As used in this chapter, the following words and terms shall have the following Ineanings, unless the context clearly other-
wise requires:
;.;.Annual rate resolution" means the resolution described in Section 14.60.120, establishing the rate at which an annual
wastewater assessment for a specific fiscal year will be computed. The final assessment resolution shall constitute the an-
nual rate resolution for the initial fiscal year in which an annual wastewater assessment is imposed or reimposed.
704
14.60.0 I 0
"~Annual wastewater assessment" means a special assessment lawfully imposed by the board against assessed property to
permit payrnent of the assessable costs over a period of years.
~~Assessable costs" means the amount computed by adding: (a) the aInount of the capacity fee; and (b) a)) costs associ-
ated with the structure, implementation, collection, and enforcement of the annual wastewater assessments, including any
service charges of the county, tax co))ector, or property appraiser and aInounts necessary to off-set discounts received for
early payment of annual wastewater assessments pursuant to the Uniform Assessment CoHection Act and any other costs or
expenses related to the collection of the assessment costs.
"~Assess(~d property" means all parcels of land included on the asseSSInent roll that receive a special benefit troIn the de-
livery of the wastewater services and facilities identified in the initial assessment resolution or the annual rate resolution.
~~ Assessrnent interest amount" means the annual interest rate charged against the unpaid assessable costs by a utility pro-
vider, pursuant to a duly enacted resolution.
"~Assesslnent ro))" means the special assessment roll relating to an annual wastewater assessment approved by a final
asseSSInent resolution pursuant to Section 14.50.100 or an annual rate resolution pursuant to Section 14.60.120.
"~Board'" means the board of county commissioners of Monroe County" Florida.
"~Building" means any structure, whether temporary or permanent" built for support, shelter or enclosure of persons" chat-
tel.. or propt:~rty of any kind, including mobilehomes. This tenn includes the use of land in which lots or spaces are offered
for use, rent or lease for the placement of lnobilehomes., travel trailers, or the like for residential purposes.
"~Capacity fee" means the fee established by a utility provider in the utility rate resolution to fund the capital cost of the
wastewater capacity attributable to a connection.
"~Clerk"" Jneans the clerk of the circuit court for Monroe County., Florida, as ex-officio clerk of the board and such other
person as may be duly authorized to act on his or her behalf.
"~Connection"" means the physical interconnection ofa building's sanitary sewer system to a central sewage system pro-
vided by a utility provider.
"~Consent and acknowledgment agreement" means the agreement., required as provided in Sections 14.60.060 and
14.60.070., as a condition precedent to the owner receiving the privilege of paying the assessable costs in installments as an
annual wastewater assessment rather than as a lump sum at the tilne of connection. The consent and acknowledgment
agreement shall provide for the consent of the owner to the imposition of an annual wastewater assessment against the
owner's property, acknowledge the total assessable costs., acknowledge the atnount and use of the annual wastewater as-
sessment., confirm the benefit accruing to the owner"s property trom the assessable costs and the imposition of the annual
wastewater assesstnent., confirm the assessment interest aITIOunt., confmn the wastewater assessment tenn for the instalhnent
payment of the annual wastewater assessment, acknowledge the maximum annual wastewater assessment and that failure to
pay the annual wastewater assessment wilJ cause a tax certificate to be issued against the owner" s property which will result
in a loss of title under the Unifonn Assessment Collection Act, and waive the provision of first class mailed notice provided
for under thl~ Unifonn AssessInent Collection Act.
"~County'" means Monroe County., Florida.
~~County administrator" means the chief administrative officer of the county, designated by the board to be responsible
for coordinating the annual wastewater assessments., or such person's designee.
"'final assessment resolution" means the resolution described in Section 14.60.100 which shall confirm, modify, or re-
peal the initial assessment resolution and which shall be the final proceeding for the initial imposition of annual wastewater
assessments.
"~fiscal year'" means that period commencing October 1 st of each year and continuing through the next succeeding Sep-
tember 30th, or such other period as may be prescribed by law as the fiscal year for the county.
~"GovernInent property" means property owned by the United States of America or any agency thereof" a sovereign state
or nation, the state of Florida or any agency thereof: a county, a special district or a municipal corporation.
"'Initial assessment resolution" means the resolution described in Section 14.60.060 which shall be the initial proceeding
for the identification of the assessable costs for which an assessment is to be made and for the imposition of an annual
wastewater assessment.
"~Initial wastewater assessment installment" means the initial installtnent in the wastewater asseSSlnent term required to
be paid at the time of the execution ofa consent and acknowledglnent agreement as a condition for an owner to exercise the
privilege to pay the assessable costs in installments as provided in Section 14.60.070.
705
14.60.020
'~Initial wastewater assessment notice" means the initial certification provided by a utility provider required under Sec-
tion 14.60.060 for the preparation of the initial assessment resolution.
'~Ordinance" means this wastewater asseSSlnent ordinance, as alnended from time-to-time.
'~Owner" means the person reflected as the owner of assessed property on the tax roll.
'~Person" lneans any individual, partnership, firm, organization, corporation, association, or any other legal entity,
whether singular or plural, lnasculine or felninine, as the context may require.
~~Property appraiser" means the Monroe County property appraiser.
'~Supplelnental annual wastewater assessment" means a new annual wastewater asseSSlnent not included or the initial
assessment roll certified by the utility provider or in a supplelnental wastewater assessment notice previously certified by
the utility provider pursuant to Section 14.60.120.
'~Supplemental wastewater assessment notice" lneans the certification required under Section 14.60.120 for the prepara-
tion of an annual rate resolution provided by the utility provider for fiscal years subsequent to the fiscal year in which the
initial assessment resolution is prepared.
'~Tax collector" Ineans the Monroe County tax collector.
'~Tax roll" means the real property ad valorem tax assessment roll maintained by the property appraiser for the purpose of
the levy and collection of ad valorem taxes.
'~Unifonn Assessment Collection Act" means F.S. ~~ 197.3632 and 197.3635, or any successor statutes authorizing the
collection of non-ad valorem assessments on the saIne bill as ad valorem taxes, and any applicable regulations prolnulgated
thereunder.
'~Utility rate resolution" means the schedule of rates, fees, and charges duly approved by the board or by a utility pro-
vider.
'~Utility provider" means all publicly owned wastewater utilities operating in the unincorporated area of the county and
all privately owned wastewater utilities operating within the unincorporated area of the county where the county has pur-
chased utility capacity from that utility, including, but not lilnited to, the Florida Keys Aqueduct Authority, the Key Largo
wastewater treatment district and the KW resort utility operating within South Stock Island.
'~Wastewater assessment term" means the number of installments, excluding the initial assessment instalhnent, that an
annual wastewater assessment is to be imposed as documented in the initial wastewater assessment notice or a supplemental
wastewater assessment notice. The wastewater assessment term shall not exceed a time period of twenty (20) years. (Ord.
027-2003 ~ 1.01)
14.60.020 Interpretation.
Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa~
the terms ~~hereof," ~~hereby, ~~herein," '~hereto," '~hereunder" and similar terms refer to this chapter~ and the tenn ~~hereafter"
means after, and the term '~heretofore" lneans before, the effective date of the ordinance codified in this chapter. Words of
any gender include the correlative words of the other genders, unless the sense indicates otherwise. (Ord. 027-2003 ~ 1.02)
14.60.030 Findings and purpose.
It is ascertained, determined, and declared that:
A. Pursuant to Article VIII, Section 1, Florida Constitution, and F.S. ~~ 125.01 and 125.66, the board has all powers of
local self-government to perfonn county functions and to render county services in a manner not inconsistent with law, and
such power may be exercised by the enactment of county ordinances.
B. A reduction in the amount of costs due at the time of connection from the owners of properties required to connect
to a central sewage system by the availability of an annual wastewater assessment option that permits assessable costs to be
paid over a period of years provides a special benefit to property and encourages properties to connect to a central sewage
system on a timely basis.
C. The annual wastewater assessment authorized by this chapter provides an equitable method of funding the assess-
able costs.
D. The purpose of this chapter is to: (1) provide procedures and standards for the imposition of an annual wastewater
asseSSlnent by the county under the general home rule powers of a county to impose special assessments~ (2) identify the
assessable costs to be collected in installments by the imposition of the annual wastewater assessments~ (3) authorize a pro~
706
14.60.040
cedure for the funding of wastewater facilities providing special benefits to property within the county; and (4) legislatively
detennine the special benefit provided to assessed property froIn the provision of wastewater facilities and services.
E. The annual wastewater assessment~ to be imposed using the procedures provided in this chapter~ shall constitute
non-ad valorem assessments within the meaning and intent of the Unifonn Assessment Collection Act.
F. The annual wastewater assessment to be imposed using the procedures provided in this chapter are imposed by the
board~ not the clerk~ property appraiser or tax collector. The duties of the clerk, property appraiser and tax collector under
the provisions of this chapter and the Uniform Assessment Collection Act are ministerial. (Ord. 027-2003 S 1.03)
14.60.040 Legislative determinations of special benefit.
It is ascertained and declared that the wastewater services and facilities comprising the assessable costs provide a special
benefit to property because wastewater services and facilities possess a logical relationship to the use and enjoyment of im-
proved property by: (I) facilitating the development of property and increasing the use and enjoyment thereof; (2) positively
affecting the marketability and market value of the property by the presence ofa central sewage treatment service; (3) prop-
erly and safi~ly disposing of sewage generated on improved property; and (4) enhancing improved property through the en-
vironlnentaHy responsible use and enjoyment of the property. (Ord. 027-2003 S 1.04)
Article 2
Annual Wastewater Assessments
14.60.050 General authority.
A. The board is authorized to impose an annual wastewater assessment to fund all or any portion of the assessable
costs upon benefited property at a rate of assessment based on the special benefit accruing to such property from a utility
provider's provision of wastewater services and facilities. All annual wastewater assessments shall be imposed in confor-
mity with the procedures set forth in this article.
B. Annual wastewater assessments shall be imposed for a term of years, not to exceed twenty (20) years~ in equal an-
nual amounts sufficient to pay the assessable costs and the assessment interest amount.
C. Nothing contained in this chapter shall be construed to require the imposition of an annual wastewater assessment
against government property. (Ord. 027-2003 S 2.0 I)
14.60.060 Initial proceedings.
A. At the time of connection, an owner shall pay directly to the utility provider the capacity fee required by the utility
provider under its utility service rules and regulations as a condition of connection or an owner may elect to pay the capacity
fee together with an assessable interest amount and all other assessable costs in installments in the form of an annual waste-
water assessment assessed against such property over a set period not to exceed twenty (20) years. In the event a property
owner elects the privilege to pay an annual wastewater assessment in installments, such owner will sign a binding consent
and acknowledgment agreement with the county prior to connection and shall pay the initial wastewater assessment install-
ment as required in Section 14.60.070. .
B. As a condition pursuant to the initial imposition of an annual wastewater assessment, the utility provider shall cer-
tify to the county ~ prior to June 1 st, an initial wastewater assessment notice containing the following information:
I. A list of the owners who have elected the privilege of paying the annual wastewater assessment in installments and
a copy of the consent and acknowledgment agreement executed by such owner;
2. Sunlmary description of each parcel of property (conforming to the description contained on the Tax Roll) subject
to the annual wastewater assesslnent;
3. The name of the owner of each parcel as shown on the tax roll;
4. The assessable costs attributable to each parcel;
5. The annual wastewater assessment amount;
6. The tenn of years for the instalhnent payment of the annual wastewater assessment;
7. The applicable assessment interest amount; and
8. Acknowledgment of receipt of the initial wastewater assessment installment for each parcel of property.
c. Thereafter, the initial proceeding for the imposition of an annual wastewater asseSSlnent shall be the adoption of an
initial assessment resolution by the board: (I) describing the properties electing to pay the assessable costs in installments
707
14.60.070
by the imposition of an annual wastewater assessment~ (2) determining the assessable costs to be assessed against each
property~ (3) establishing the annual wastewater assessment alnount for the ensuing fiscal year~ (4) confinning the wastewa-
ter assessment tefln~ and (5) directing the county administrator to: (a) prepare the initial asseSSlnent roll, as required by Sec-
tion 14.60.080, and (b) publish the notice required by Section 14.60.100. (Ord. 027-2003 ~ 2.02)
14.60.070 Conditions on election to pay the assessable costs in installments.
As a condition pursuant to the owner receiving the privilege of paying the assessable costs in instalhnents the county and
the owner shall enter into a consent and acknowledglnent agreelnent and the owner shall pay to the utility provider the ini-
tial wastewater assessment installment. (Ord. 027-2003 ~ 2.03)
14.60.080 Initial assessment roll.
A. The county administrator shall prepare, or direct the preparation of, the initial assessment roll, which shall contain
the following:
1. A summary description of all assessed property confonning to the description contained on the tax roll:
2. The name of the owner of the assessed property~
3. The amount of the annual wastewater assessment to be imposed against each such parcel of assessed property.
B. The initial assessment roll shall be retained by the county adlninistrator and shall be open to public inspection. The
foregoing shall not be construed to require that the assessment roll be in printed fonn if the amount of the annual wastewater
assessment for each parcel of property can be determined by use of a cOlnputer terminal available to the public. (Ord.
027-2003 ~ 2.04)
14.60.090 Notice by publication.
Upon completion of the initial assessment roll, the county administrator shall publish, or direct the publication of, once in
a newspaper of general circulation within the county a notice stating that at a meeting of the board on a certain day and
hour, not earlier than twenty (20) calendar days from such publication, which Ineeting shall be a regular, adjourned, or spe-
ciallneeting, the board will hear objections of all interested persons to the final assessment resolution and approve the
aforementioned initial assessment roll. The published notice shall conform to the requirements set forth in the Unifonn As-
seSSlnent Collection Act. (Ord. 027 -2003 ~ 2.05)
14.60.100 Adoption of final assessment resolution.
At the public hearing as noticed pursuant to Section 14.60.090, or to which an adjournment or continuance may be taken
by the board, the board shall receive any oral or written objections of interested persons and may then, or at any subsequent
meeting of the board adopt the final assessment resolution which shall: (A) confirm, modify, or repeal the initial assessment
resolution with such amendments, if any, as may be deemed appropriate by the board: (B) impose the annual wastewater
assessment~ (C) approve the initial assessment roll, with such amendments as it deems just and right~ and (D) determine the
Inethod of collection. The adoption of the final assessment resolution by the board shall constitute a legislative determina-
tion that al I parcels assessed derive a special benefit from the wastewater services and facilities, to be provided or con-
structed and a legislative determination that the annual wastewater assessment is fairly and reasonably apportioned alnong
the properties that receive the special benefit. All written objections to the final assessment resolution shall be flied with the
county administrator at or before the time or adjourned time of such hearing. The final assessment resolution shall constitute
the annual rate resolution for the initial fiscal year in which an annual wastewater assessment is itnposed or reimposed here-
under. (Ord. 027-2003 ~ 2.06)
14.60.11 0 Effect of final assessment resolution.
The annual wastewater assessment for the initial fiscal year shall be established upon adoption of the final assessment
resolution. The adoption of the final assessment resolution shall be the final adjudication of the issues presented (including,
but not limited to, the reasonableness of the legislative detennination of special benefit and fair apportionlnent to the as-
sessed property: the reasonableness of the method of apportionment: the enforceability and accuracy of the calculation of
the initial rate of assessment and the preparation of the initial assessment roll~ and the validity and enforceability of the lien
of the annual wastewater assessment), unless proper steps shall be initiated in a court of competent jurisdiction to secure
relief within twenty (20) days from the date of the board action on the final assessment resolution. The initial asseSSlnent
708
] 4.60.] 20
roll, as approved by the final assessment resolution, shall be delivered to the tax collector, as required by the Uniform As-
sessment Collection Act, or if the alternative method described in Section 14.60.180 is used to collect the annual wastewater
asseSslnents, such other official as the board by resolution shall designate. (Ord. 027-2003 S 2.07)
14.60.120 Adoption of annual rate resolution.
A. The board shall adopt an annual rate resolution during its budget adoption process for each fiscal year following the
initial fiscal year during the wastewater assessment term.
B. As the initial proceedings for the adoption of an annual rate resolution the utility provider shall certify prior to June
] st of each fiscal year a supplemental wastewater assessment notice containing the following information:
]. For each supplemental annual wastewater assessment: (a) summary description of the parcel subject to the assess-
ment (conforming to the description contained on the tax roll); (b) the name of the owner of the parcel assessed as shown on
the tax roll; (c) the assessable costs, annual wastewater assesslnent amount, wastewater assessment term and assesslnent
interest alnount attributable to the assessed parcel for the supplemental annual wastewater assessment; and (d) acknowl-
edglnent of the receipt of the initial wastewater assessment for the parcel subject to the supplemental annual wastewater
assessment:;
2. Any deletions of an annual wastewater assessment ilnposed against a parcel of property or a previously adopted
assessment roll as a consequence of the prepayment of unpaid assessable costs pursuant to any right of prepayment provided
by resolution.
C. Based on the information provided in the supplemental wastewater assessment notice, the board shall adopt an an-
nual rate resolution:
1. Authorizing the date, time, and place of a public hearing to receive and consider comments from the public and
consider the adoption of the annual rate resolution for the upcoming fiscal year; and
2. Directing the county adlninistrator to: (a) update the assessment roll; (b) provide notice by publication pursuant to
Section] 4.60.090; (c) provide notice by first class mail to affected owners in the event circumstances described in subsec-
tion E of thils section so require; and (d) directing and authorizing any supplemental or additional notice deemed proper,
necessary or convenient by the county.
D. The annual rate resolution shall: (]) establish the annual wastewater assessment to be imposed in the upcoming
fiscal year; and (2) approve the assesslnent roll for the upcoming fiscal year with such adjustments as the board deems just
and right. The assessment roil shall be prepared in accordance with the method of apportionment set forth in the in itial as-
sessment resolution, together with modifications, if any, that are provided and continned in the final assesslnent resolution
or any subsequent annual rate resolution.
E. In the event: (1) the proposed annual wastewater assessment for any fiscal year exceeds the Inaximum rate of as-
seSSlnent provided in the consent and acknowledgment agreelnent; (2) the purpose for which the annual wastewater assess-
ment is imposed or the use of the revenue from the annual wastewater assessment is substantially changed from that ac-
knowledged in the consent and acknowledglnent agreement; or (3) assessed property is reclassified or the method ofappor-
tionment is revised or altered resulting in an increased annual wastewater assessment from that represented in any publica-
tion provided pursuant to Section 14.60.090 or acknowledged in the consent and acknowledgment agreement, notice shall
be provided first class Inail to the owners of such assessed property. Such notice shall substantially conform with the notice
requirements set forth in the Uniform Assessment Collection Act and inform the owner of the date, time, and place for the
adoption of the annual rate resolution. The failure of the owner to receive such notice due to mistake or inadvertence, shall
not affect the validity of the assessment roll nor release or discharge any obligation for paYlnent of an annual wastewater
assessment lllnposed by the board pursuant to this chapter.
F. As to any assessed property not included on an assessment roll approved by the adoption of the final assessment
resolution or a prior year annual rate resolution, the adoption of the succeeding annual rate resolution shall be the tinal adju-
dication of the issues presented as to such assessed property (including, but not limited to, the reasonableness of the legisla-
tive determination of special benefit and fair apportionlnent to the assessed property; the reasonableness of the method of
apportionlnt~nt; the enforceability and accuracy of the calculation of the initial rate of assessment and the preparation of the
initial assesSlnent roll; and the validity and enforceability of the lien of the annual wastewater assessment), unless proper
steps shall be initiated in a court of competent jurisdiction to secure reliefwithin twenty (20) days froIn the date of the board
action on tht~ annual rate resolution. Nothing contained herein shall be construed or interpreted to affect the finality of any
annual wastewater assesslnent not challenged within the required twenty (20) day period for those annual wastewater as-
709
14.60. 130
sesslnents previously imposed against assessed property by the inclusion of the assessed property on an asseSSlnent roll ap-
proved in the final assessment resolution or any subsequent annual rate resolution.
G. The asseSSlnent roll, as approved by the annual rate resolution, shall be delivered to the tax collector as required by
the Uniform Assessment Collection Act or if the alternative method described in Section 14.60.180 is used to collect the
annual wastewater assessment, such other official as the board by resolution shall designate. If the annual wastewater as-
sessment against any property shall be sustained, reduced, or abated by the court, an adjustment shall be made on the as-
seSSlnent roll. (Ord. 027-2003 S 2.08)
14.60.130 Lien of annual wastewater assessments.
Upon the adoption of the assessment rolL all annual wastewater aSSeSSlTIents shall constitute a lien against assessed prop-
erty equal in rank and dignity with the liens of all state, county, district, or municipal taxes and special asseSSlnents. Except
as otherwise provided by law, such lien shall be superior in dignity to all other prior liens, mortgages, titles, and clailTIs,
until paid. The lien for an annual wastewater assessment shall be deemed perfected upon the board's adoption of the final
assessment resolution or the annual rate resolution, whichever is applicable. The lien for an annual wastewater asseSSlnent
collected under the Uniform Assessment Collection Act shall attach to the property included on the asseSSlnent roll as of the
prior January I s1. the lien date for ad valOrelTI taxes imposed under the tax roll. The lien for an annual wastewater assess-
Inent collected under the alternative method of collection provided in Section 14.60.180 shall be deemed perfected upon the
board~s adoption of the final assessment resolution or the annual rate resolution, whichever is applicable, and shall attach to
the property on such date of adoption. (Ord. 027-2003 ~ 2.09)
14.60.140 Revisions to annual wastewater assessments.
If any annual wastewater assessment made under the provisions of this chapter is either in whole or in part annulled, va-
cated, or set aside by the judgment of any court, or if the board is satisfied that any such annual wastewater assessment is so
irregular or defective that the same cannot be enforced or collected, or if the board has failed to include or olnitted any
property on the assessment roll which property should have been so included, the board may take all necessary steps to im-
pose a new annual wastewater assessment against any property benefited by the wastewater assessed costs, following as
nearly as may be practicable, the provisions of this chapter and in case such second annual wastewater asseSSlnent is an-
nulled, vacated, or set aside, the board may obtain and impose other annual wastewater assessments until a valid annual
wastewater assessment is imposed. (Ord. 027-2003 S 2.10)
14.60.150 Procedural irregularities.
Any infonnality or irregularity in the proceedings in connection with the levy of any annual wastewater asseSSlnent un-
der the provisions of this chapter shall not affect the validity of the same after the approval thereof, and any annual waste-
water assessment as finally approved shall be competent and sufficient evidence that such annual wastewater assessment
was duly levied, that the annual wastewater assessment was duly made and adopted, and that all other proceedings adequate
to such annual wastewater assessment were duly had, taken, and performed as required by this chapter~ and no variance
from the directions hereunder shall be held material unless it be clearly shown that the party objecting was materially in-
jured thereby. (Ord. 027-2003 S 2.11)
14.60.160 Correction of errors and omissions.
A. No act of error or omission on the part of the property appraiser, tax collector, county administrator., board, or their
deputies or employees., shall operate to release or discharge any obligation for payment of an annual wastewater assessment
imposed by the board under the provision of this chapter.
S. When it shall appear that any annual wastewater assessment should have been imposed under this chapter against a
parcel of property specially benefited by the provision of wastewater services, facilities., or programs., but that such property
was omitted from the assessment roll~ or such property was erroneously assessed~ or was not listed on the tax roll as an in-
dividual parcel of property as of the effective date of the assessment roll approved by the annual rate resolution for any up-
coming fiscal year., the board may., upon provision of a notice by mail provided to the owner of the omitted or erroneously
assessed parcel in the Inanner and form provided in the Uniform AsseSSlnent Collection Act., impose the applicable annual
wastewater assessment for the fiscal year in which such error or omission is discovered, in addition to the applicable annual
wastewater assessment due for the prior two fiscal years. Such annual wastewater assessment shall constitute a lien against
710
] 4.60. ] 70
assessed property equal in rank and dignity with the liens of all state~ county ~ district~ or municipal taxes and special as-
sessments~ and superior in rank and dignity to all other prior liens~ mortgages~ titles~ and claims in and to or against the real
property involved~ shall be collected as provided in Article 3 of this chapter~ and shall be deemed perfected on the date of
adoption of the resolution imposing the omitted~ deIinquent~ or corrected assessments.
C. Prior to the delivery of the assessment roll to the tax collector in accordance with the Uniform Assessment Collec-
tion Act~ the county adlninistrator shall have the authority at any time~ upon his or her own initiative or in response to a
timely filed petition from the owner of any property subject to an annual wastewater assessment~ to reclassify property
based upon presentation of competent and substantial evidence~ and correct any error in applying the annual wastewater
assesslnent apportionlnent method to any particular parcel of property not otherwise requiring the provision of notice pursu-
ant to the Uniform Assessment Collection Act. Any such correction shall be considered valid ab initio and shall in no way
affect the enforcelnent of the annual wastewater assessment imposed under the provisions of this chapter. All requests from
affected property owners for any such changes~ modifications or corrections shall be referred to~ and processed by~ the
county adm:inistrator and not the property appraiser or tax collector.
D. Aft:er the assessment roll has been delivered to the tax collector in accordance with the Uniform Assesslnent Collec-
tion Act~ any changes~ modifications~ or corrections thereto shall be made in accordance with the procedures applicable to
correcting errors and insolvencies on the tax roll upon timely written request and direction of the county administrator. (Ord.
027-2003 ~ 2. ]2)
Article 3
Collection and Use of Annual Wastewater Assessments
14.60.170 Method of collection.
A. Unless otherwise directed by the board~ the annual wastewater assessments shall be collected pursuant to the uni-
form method provided in the Uniform Assessment Collection Act~ and the county shall comply with all applicable provi-
sions of the Uniform Assessment Collection Act. Any hearing or notice required by this chapter may be combined with any
other hearing or notice required by the Uniform Assessment Collection Act or other provision of law.
B. Th(~ amount of an annual wastewater assessment to be collected using the uniform method pursuant to the Uniform
Assessment Collection Act for any specific parcel of benefited property may include an amount equivalent to the payment
delinquency, delinquency fees and recording costs for a prior year~s assessment for a comparable service~ facility, or pro-
gram provided: (1) the collection method used in connection with the prior year's assessment did not employ the use of the
unifonn method of collection authorized by the Uniform Assessment Collection Act~ (2) notice is provided to the owner as
required under the Uniform Assessment Collection Act and (3) any lien on the affected parcel for the prior year's assess-
ment is supplanted and transferred to such annual wastewater assessment upon certification of a non-ad valorem roll to the
tax collector by the county. (Ord. 027-2003 S 3.01)
14.60.180 Alternative method of collection.
In lieu of using the Uniform Assessment Collection Act, the board may elect to collect the annual wastewater assess-
ments by any other method which is authorized by law or under the alternative collection method provided by this section:
A. The' Board shall provide annual wastewater assessment bills by first class mail to the owner of each affected parcel
of property, other than government property. The bill or accompanying explanatory material shall include: (1) a brief expla-
nation of the' annual wastewater assessment; (2) a description of the unit of measurement used to determine the amount of
the annual \\'astewater assessment; (3) the nUlnber of units contained within the parcel; (4) the total amount of the annual
wastewater assessment ilnposed against the parcel for the appropriate period~ (5) the location at which payment will be ac-
cepted~ (6) the date on which the annual wastewater assessment is due; and (7) a statement that the annual wastewater as-
sessment constitutes a lien against assessed property equal in rank and dignity with the liens of all state~ county~ district or
municipal taxes and other non-ad valorem assessments.
B. A general notice of the lien resulting from imposition of the annual wastewater assessments shall be recorded in the
official records of the county. Nothing herein shall be construed to require that individual liens or releases be filed in the
official records.
C. The board shall have the right to foreclose and collect all delinquent annual wastewater assessments in the Inanner
provided by law for the foreclosure of mortgages on real property or appoint or retain an agent to institute such foreclosure
711
14.60.190
and collection proceedings. An annual wastewater assessment shall becoIne delinquent if it is not paid within thirty (30)
days from the date any installment is due. The board or its agent shall notify any property owner who is delinquent in pay-
Inent of his or her annual wastewater assessment within sixty (60) days from the date such assessment was due. Such notice
shall state in effect that the board or its agent will either: (I) initiate a t(lreclosure action or suit in equity and cause the fore-
closure of such property subject to a delinquent annual wastewater assessment in a method now or hereafter provided by
law for foreclosure of mortgages on real property~ or (2) cause an amount equivalent to the delinquent annual wastewater
assessment~ not previously subject to collection using the uniform method under the Uniform Assessment Collection Act~ to
be collected on the tax bill for a subsequent year.
D. All costs~ fees and expenses~ including reasonable attorney fees and title search expenses~ related to any foreclosure
action as described herein shall be included in any judgment or decree rendered therein. At the sale pursuant to decree in
any such action~ the county may be the purchaser to the same extent as any person. The board or its agent Inay join in one
foreclosure action the collection of annual wastewater asseSSlnents against any or all property assessed in accordance with
the provisions hereof. All delinquent owners whose property is foreclosed shall be liable for an apportioned aInount of rea-
sonable costs and expenses incurred by the board and its agents~ including reasonable attorney fees~ in collection of such
delinquent annual wastewater assessments and any other costs incurred by the board as a result of such delinquent annual
wastewater assessments and the same shall be collectible as a part of or in addition to~ the costs of the action.
E. In lieu of foreclosure~ any delinquent annual wastewater asseSSInent and the costs~ fees and expenses attributable
thereto~ may be collected pursuant to the Unifonn AsseSSInent Collection Act~ provided however~ that: (I) notice is pro-
vided to the owner in the manner required by the Unifonn Assessment Collection Act and this chapter~ and (2) any existing
lien of record on the affected parcel for the delinquent annual wastewater assessment is supplanted by the lien resulting
from certification of the assessment roll~ as applicable~ to the tax collector.
F. Notwithstanding the board~s use of an alternative method of collection~ the county administrator shall have the
saIne power and authority to correct errors and omissions as provided to him or her or other county officials in Section
14.60.160.
G. Any board action required in the collection of annual wastewater assessments may be by resolution. (Ord. 027-2003
~ 3.02)
14.60.190 Govern ment property.
A. In the event annual wastewater assessments are imposed against government property~ the board shall provide an-
nual wastewater assessment bills by first class mail to the owner of each affected parcel of government property. The bill or
accompanying explanatory material shall include: ( I ) a brief explanation of the annual wastewater assessment~ (2) a descrip-
tion of the unit of measurement used to determine the amount of the annual wastewater assessment~ (3) the number of units
contained within the parcel~ (4) the total amount of the parcel's annual wastewater assessment for the appropriate period~ (5)
the location at which payment will be accepted~ and (6) the date on which the annual wastewater assessment is due.
B. Annual wastewater assessments imposed against governlnent property shall be due on the same date as all other
Annual Wastewater Assessments and~ if applicable~ shall be subject to the same discounts for early payment.
C. An annual wastewater assessment shall become delinquent ifit is not paid within thirty (30) days from the date any
installment is due. The board shall notify the owner of any government property that is delinquent in payment of its annual
wastewater assessment within sixty (60) days from the date such assessment was due. Such notice shall state that the Board
will initiate a mandamus or other appropriate judicial action to compel payment.
D. All costs~ fees and expenses~ including reasonable attorney fees and title search expenses~ related to any mandamus
or other action as described herein shall be included in any judgment or decree rendered therein. All delinquent owners of
government property against which a mandamus or other appropriate action is filed shall be liable for an apportioned
amount of reasonable costs and expenses incurred by the county~ including reasonable attorney fees~ in collection of such
delinquent annual wastewater asseSSlnents and any other costs incurred by the board as a result of such delinquent annual
wastewater asseSSlnents and the same shall be collectible as a part of or in addition to~ the costs of the action.
E. As an alternative to the foregoing~ an annual wastewater assessment imposed against governlnent property may be
collected as a surcharge on a utility bill provided to such government property in periodic installments with a remedy of a
mandamus action in the event of nonpayment. (Ord. 027-2003 * 3.03)
712
14.60.200
Article 4
General Provisions
14.60.200 Applicability.
This chapter and the board's authority to impose assessments pursuant hereto shall be applicable throughout the unincor-
porated area of the county and throughout the incorporated area of any municipality whose governing body has heretofore
or hereafter requested and consented to the provision of the wastewater services, facilities and programs by the county.
(Ord. 027-2003 S 4.01)
14.60.210 Alternative method.
A. This chapter shall be deelned to provide an additional and alternative method for the doing of the things authorized
and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in
derogation of any powers now existing or which may hereafter COIne into existence. This chapter, being necessary for the
welfare of the inhabitants of the county, shall be liberally construed to effect the purposes hereof.
B. Nothing herein shall preclude the board from directing and authorizing, by resolution, the combination with each
other of: (1) any supplemental or additional notice deemed proper, necessary, or convenient by the county; (2) any notice
required by this chapter; or (3) any notice required by law, including the Uniform Assessment Collection Act. (Ord.
027-2003 ~ 4.02)
713
Tables:
Title 1
Title 2
Title 3
Title 4
Title 5
Title 6
Title 7
Title 8
Title 9
Title 10
Title 11
Title 12
Title 13
Title 14
Appendix
PENAL TV TABLE
General Provisions
Administration and Personnel
Revenue and Finance
Appointed Boards, Commissions and
Committees
Business Licenses and Regulations
Buildings and Construction
Animals
Health and Safety
Land Acquisition and Development
Public Peace and Welfare
Vehicles and Traffic
Boats, Docks and Waterways
Streets, Sidewalks and Public Places
Public Services
A-I
APPENDIX
Monroe County Penalty Table
Title t
GENERAL PROVISIONS
Chapter Section Violation Penalty
1.08 Code Enforcelnent 1.08.070 Noncompliance with an order 1 st violation: up to $1000 per day
of the board per violation
Repeat violation: up to $5000 per
day per violation
Irreparable violation: up to $15,000
per violation
1. 12 Supplemental 1.12.040 General violation of code or Civil penalty of $200 up to $500
Code Enforcelnent ordinance
Procedures
1 .16 General Penalty 1. 16.010 General violation of code Fine not less than $15 or more than
where no specific penalty $500 and/or imprisonment in jail
provided up to 60 days
A-3
PENALTY TABLES
Monroe County Penalty Table
Title 2
ADMINISTRATION AND PERSONNEL
Chapter Section Violation Penalty
2.20 Fire Marshal 2.20.070 Parking in emergency vehicle Civil fine of $] 00
zone
2.24 Lobbying by 2.24.060 Lobbying Fine up to $500 and/or
Former Officers and itnprisonlnent in jail up to 60 days
Employees
2.24.070 Intent to influence in Fine up to $500 and/or
connection to procurelnent imprisonment in jail up to 60
of goods and/or services days~ county officers may be
subject to disciplinary action up to
and including discharge
2.52 Public Libraries 2.52.030 Library rules of conduct Asked to leave~ charged with
trespassing as set forth in F .S. ~
8] 0.08 if violator refuses to leave
2.68 Reimbursement 2.68.090 Fraudulent or false clailn Punishable as provided in F.S. ~
Policy 775.082 or 775.083~ subject to
discipline up to and including
termination
2.72 Miscellaneous 2.72.030 Failure to obey lawful order Fine up to $500 and/or
Administrative issued during state of ilnprisonlnent in jail up to 60 days
Provisions emergency
A-4
APPENDIX
Monroe County Penalty Table
Title 3
REVENUE AND FINANCE
Chapter" Section Violation Penalty
3.32 Tourist 3.32.020 Dealer refuse to permit Punishable as provided in F.S. ~
Development Tax exalnination of books~ 775.082 or 775.083
records and other
documents
3.32.040(A) Refusal to charge and collect Punishable as provided in F.S. ~
taxes 775.082 or 775.083
3.32.040(B) Advertising or holding out~ Punishable as provided in F.S. ~
directly or indirectly~ that 775.082~ 775.083 or 775.084
tax will not be collected or
will be refunded or refused
3.36 Tourist Impact 3.36.01 O(F)( 6) Dealer refuse to permit Punishable as provided in F.S. ~
Tax in Critical Areas examination of books~ 775.082~ 775.083 or 775.0835
records and other
documents
3.36.010(H) Refusal to charge and collect Punishable as provided in F.S. ~
tax es 775.082 or 775.083
3.36.010(1) Advertising or holding out~ Punishable as provided in F.S. ~
directly or indirectly ~ that 775.082 or 775.083
tax will not be collected or
will be refunded or refused
3 .36.020(F)( 6) Dealer refuse to permit Punishable as provided in F.S. ~
examination of books~ 775.082~ 775.083 or 775.0835
records and other
documents
3.36.020(H) Refusal to charge and collect Punishable as provided in F.S. ~
taxes 775.082. 775.083 or 775.084
3.36.020(1) Advertising or holding out~ Punishable as provided in F.S. ~
directly or indirectly ~ that 775.082~ 775.083 or 775.084
tax will not be collected or
will be refunded or refused
A-5
PENALTY TABLES
Monroe County Penalty Table
Title 4
APPOINTED BOARDS, COMMISSIONS AND COMMITTEES
Chapter Section Violation Penalty
4. 12 Examining Board 4.12.080(C) General building code Unlicensed activity-l st violation:
for Construction- violations (see Title 6 of $500~ 2nd and subsequent
Related Professions Monroe County Code) violations: $1000 and referral to
state attorney for criminal
prosecution
Aiding and abetting-l st violation:
$500~ 2nd and subsequent
violations: $1000
All other violations-l st violation:
$150~ 2nd violation: $250~ 3rd
violation: $500
4.12.080(1) V iolation of notice to cease Civil penalty of at least $500 and not
and desist more than $5000 for each offense
A-6
APPENDIX
Monroe County Penalty Table
Title 5
BUSINESS LICENSES AND REGULATIONS
Chapter Section Violation Penalty
5.04 Business and 5.04.070 Failure to pay tax or false Fine and/or imprisonment pursuant
Occupation Tax statement relative to tax to F.S. 99 775.082 and 775.083
payment or obligation;
general violation of chapter
provisions
5.04.090(A) Delinquent tax Penalty of 10% for October plus
additional 5% for each ITIonth of
delinquency not to exceed 250/0 of
tax originally due
5.04.100(B) Engaging in Penalty of 25% of tax originally
business/occupation without due
first paying tax
5.04.100(C) NonpaYlnent of tax for 150 Subject to civil actions and
days penalties including attorney's
fees, court costs and
administrati ve costs and a penalty
of up to $250
5.08 Alcoholic 5.08.120 Selling alcoholic beverages Second degree misdelneanor
Beverage Sales between 4 a.m. and 7 a.m. punishable as provided in F.S. 9
775.082 or 775.083; revocation of
permit
5. 16 Cornlnerc ial 5.16.010 Residential occupation Fine and/or imprisonment pursuant
Fishin2; license required to F.S. 99 775.082 and 775.083
5.20 Convenience Food 5.20.040 General violation of chapter Notice mailed requiring cOlTIpliance
Stores provisions within 10 days; if no compliance,
civil fine up to $5000
5.24 Motor Vehicle 5.24.060 General violation of chapter Denial of license application;
Title Loans provisions (see 9 revocation or suspension of
5.24.060(A) of Monroe license; probation; letter of
County Code for specific concern or reprimand; pennanent
list of violations) restrictions or conditions;
administrative fine up to $2500
for each violation
5.24.070 General violation of chapter Borrower injured by violation may
provisions bring action for recovery of
damages
5.28 Price Gouging 5.28.060 Price gouging Upon conviction fine up to $500
During Emergencies and/or imprisonlTIent in jail up to
60 days
5.32 Wrecker 5.32.070 General violation of chapter Upon conviction fine up to $500
Businesses provisions and/or imprisonment in jail up to
60 days
A-7
PENALTY TABLES
Monroe County Penalty Table
Title 6
BUILDINGS AND CONSTRUCTION
Chapter Section Violation Penalty
6.04 General Provisions 6.04.1 00 General violation of title Subject to fines and penalties
and Definitions provisions or Florida stipulated in Chs. 1.08 and 1.12 of
Building Code Monroe County Code
6.12 Building Permits~ 6.12.040 Failure to obtain inspections Permit rendered null and void
Inspections and
Certificates of
Occupancy
6. 12.050 False statement in application Revocation of permit
and plans~ work outside the
scope of or contrary to
permit conditions~ permit
issued in error
6. 12.220 Working through a stop work Minimum $500 fine~ autolnatic
order revocation of all permits and
development orders and
mandatory minimum 6-month
suspension of contractor's permit
pulling privileges
6.12.230(G) Failure to obtain final Permit rendered null and void
inspection
6. 12.250 False statement in Revocation of certificate of
application~ use not conform occupancy
with district where structure
located
6.16 Construction 6.16.040 Failure to include permanent Fine not less than $15 or Inore than
Contractors and certificate of competency $500 and/or imprisonlnent in jail
Ski II ed Workers number in all advertising up to 60 days
6.16.100 General violation of chapter Suspension or revocation of
provisions~ 3rd failure certificate of competency
within 2 years to obtain
required permits~ failure to
maintain required insurance~
conviction relating to
unlawful disposal of
garbage etc.~ conviction of
crime & currently serving
imprisonment tenn
A-8
APPENDIX
Chapter Section Violation Penalty
6.16.130 Working outside scope of Prosecuted as code violation under
certificate ~ departure from F.S. Ch. 162~ prosecuted under
approved p lans~ Ch. 76-145, Laws of Florida
Inisrepresentation of any
material fact in application~
aiding or abetting person
not holding a certificate~
allowing another to use
one" s certificate~
committing fraudulent act
which results in substantial
injury or loss to others
6.16.150(D) General violation of chapter Suspension or revocation of
provisions certificate of competency~ letter of
repriInand~ administrative fine up
to $500 for 1 st violation and up to
$1000 for repeat violation~ fine
for incurred costs of 100/0 of
administrati ve fine or $1 00,
whichever is greater
A-9
PENALTY TABLES
Monroe County Penalty Table
Title 7
ANIMALS
Chapter Section Violation Penalty
7.12 Animal Control 7.12.030(E) Allowing animals where not Removal of animal
Regulations permitted~ allowing dog to
defecate on private property
without cleaning up
7.12.040 Failure to confine dangerous AniInal subject to seizure under ~
animal 7.08.020 of Monroe County Code
7. 16 Sea Turtle 7.16.070 General violation of chapter Fine up to $500 and/or
Protecti on prOVISIons ilnprisonlnent in jail up to 60
days~ may also be prosecuted
through code enforcement board
or pursuant to Ch. 76-435~ Laws
of Florida
7.20 Impoundment and 7.20.040 Failure by owner to dispose Department Inanager to dispose of
Quarantine of dead animal animal and bill owner for costs
7.24 Enforcelnent 7.24.010(A) Failure to sign citation Fine up to $500 and/or
(I) ilnprisonment in jail up to 60 days
7.24.010(A) General violation of title Impoundment of animal and
(2) provisions prosecution pursuant to F. S. ~
828.21 (1 )(f)
7.24.010(A) Unprovoked biting~ attacking Mandatory court appearance
(3) or wounding by domestic
animal~ violations resulting
in destruction or loss of
property~ 2nd or subsequent
violations~ issuance of 3rd
or subsequent citation
7.24.010(C) General violation of title Maximum civil penalty of $500~
provisions uncontested citation-$1 00
A-I0
APPENDIX
Monroe County Penalty Table
Title 8
HEALTH AND SAFETY
Chapter Section Violation Penalty
8.04 Blasting and 8.04.040 Failure to use reasonable Revocation of pennit
Explosives safety precautions
8.04.190 General violation of chapter Revocation of permit
provisions., state law,
regulations of the state Fire
Marshal or of federal law or
regulations cited in chapter
8.08 Burglar Alann 8.08.100 Failure to update alarm users Prosecution as misdemeanor;
Systems infonnation within 48 hrs; violation of Monroe County Code
failure to equip alarm S 8.08.050 may also be prosecuted
system with backup power before code enforcement board or
supply, device that pursuant to Ch. 76-435, Laws of
automatically silences alarm Florida
within 30 minutes of
activation and frequency
other that that of police
dept.
8.12 Emtergency and 8.12.110 Certificate user failed or Certificate revocation., modification
Nonemergency neglected to render services or suspension
Medical Services required by certificate,
chapter or rules of the
board; provided false
infonnation or omitted facts
on certificate application;
demanded compensation in
excess of that established in
user's schedule of fees;
failed to adequately service
public's convenience and
necessity; failed to comply
with correction order
8.12.160 General violation of chapter Fine up to $500 and/or
provisions imprisonment in jail up to 60 days
8.20 Fire Alarm 8.20.070(A) & Failure to follow posting 1 st violation-written warning; 2nd
Systems (B) requirements violation-$250 fine
8.20.070(C) & 3rd and subsequent alse fire $250 fine for each false alarm
(D) alarms within I year
8.20.070(E) & Failure to follow inspection I st violation-written warning; 2nd
(F) requirements following 2nd and subsequent violations-$250
and each additional false fine
alarm
A-II
PENALTY TABLES
Chapter Section Violation Penalty
8.32 Noise Control 8.32.070 General violation of chapter Fine up to $500 and/or
prOVISIons imprisonlnent in jail up to 60
days~ code enforcement Inay also
bring case before speciallnaster
pursuant to Monroe County Code
~~ 1.08.040 and 1.08.120~ F.S. ~
162.21 and 76-435., Laws of
Florida: if code enfOrCelTIent
citation is issued fine is $250 for
1 st occurrence and $500 for
subsequent offenses~ occupational
license for commercial entity Inay
also be revoked upon finding of 2
or more violations
8.40 Sale of Detergents 8.40.040 Sale~ otfer for sale., give or Fine up to $500 and/or
furnish any detergent imprisonment in jail up to 60
containing lTIOre than 0- days~ may also be prosecuted
0.50/0 phosphorus by weight before code enforcement board or
pursuant to Ch. 76-435~ Laws of
Florida
8.44 Spearguns 8.44.030 U se~ fire or discharge any Fine not less than $15 or more than
speargun above., on or $500 and/or imprisonment in jail
below the surface of any up to 60 days
manmade canal
A-12
APPENDIX
Monroe County Penalty Table
Title 9
LAND ACQUISITION AND DEVELOPMENT
Chapter Section Violation Penalty
9.02 General Provisions 9.02.050 General violation of title Fine up to $500 and/or
and Definitions imprisonment in jail up to 60 days
9.36 HOllne Occupation 9.36.080 Application contains Revocation of pennit
Special Use Permits knowingly false or
misleading information;
general violation of chapter
provisions; violation of any
condition of home
occupation permit; home
occupation constitutes a
public or private nuisance
9.42 Development 9.42.030(J) Owner failure to maintain Board to take corrective action and
Standards required storm water place a lien on property of the
management system owner to recover costs
9.42.030(K) Stormwater management Penalties assessed pursuant to F.S.
system project not being Ch. 163
carried out in accordance
with approved plan or
without a permit
9.44 Floodplain 9.44.060 Failure to comply with Subject to code enforcement
Managl~lnent inspection sublnittal procedures of Monroe County
requirements Code Chs. 1.08 and 1.12
9.76 Vac:ation Rental 9.76.030 Violation of vacation rental Subject to fines and punishable as a
Permits regulations by lessee to 2nd degree misdemeanor, grounds
constitute violation of for termination of the lease and
Monroe County Code eviction under F.S. ~~ 509.141-
509.143 and 509.151
9.76.080 General violation by permit Fines or revocation of permit
holder of permit conditions
or material
misrepresentation on permit
application
9.76.110 Renting, leasing, advertising Fine up to $500 per day, per unit,
vacation rental dwelling per violation; may enforce under
where prohibited or without Monroe County Code ~~ 1.08.050
pennit; failure to or 1.08.110, F.S. ~ 162.21 or 76-
discontinue pre-existing 435, Laws of Florida; if code
rental use in prohibited area enforcement citation is issued fine
within 30 days of chapter to be $250 for 1 st offense and
effective date $500 for each subsequent offense
A-13
PENALTY TABLES
Chapter Section Violation Penalty
9.86 Miscellaneous 9.86.040 Overnight camping within Fine up to $500 and/or
Land Use Regulations right -of- way of U. S. 1 in ilnprisonment in jail up to 60 days
un incorporated area of
county between II pm and
6aln where prohibited
9.86.050 Camping on county property Fine up to $500 and/or
imprisonlnent in jail up to 60 days
A-14
APPENDIX
Monroe County Penalty Table
Title 10
PUBLIC PEACE AND WELFARE
Chapter Section Violation Penalty
10.08 Obscenity 10.08.050 General violation of chapter Fine of not more than $500 and/or
provisions imprisonment in jail up to 60
days; Inay also be prosecuted
through a citation issues under
F.S. S 125.69(2) or Ch. 76-435,
Laws of Florida; or prosecuted
before the code enforcelnent
board under F.S. Ch. 162 and Chs.
1.08 and 1.12 of Monroe County
Code
10.12 Discrimination in 10.12.040 Violation of Monroe County Civil penalty of $200 up to $500
Employment, Credit human rights ordinance
Transa~;;tions or Public
Accomlnodations
A-15
PENALTY TABLES
Monroe County Penalty Table
Title 11
VEHICLES AND TRAFFIC
Chapter Sectio n Violation Penalty
11.08 Parking 11.08.0 I 0 Illegal parking in parking $250 fine
spaces designated for dis-
abled persons
11.08.020 Parking in area at Courthouse $20 fine~ vehicle may be towed and
Cotnplex reserved for eln- ilnpounded
ployees of the county ~ state
and constitutional officers
and persons summoned for
jury duty
11.08.030 Parking on U.S. 1 right-of- $20 fine~ vehicle may be towed and
way impounded when parked for 6 con-
tinuous hours or more
11.08.040 Parking between paved road- $20 fine
ways of North and South Air-
port Drive and the runway on
Summerland Key
11.08.050 Illegal parking on Stickney $20 fine~ vehicle may be towed and
Lane in the vicinity of the impounded
public works garage reserved
for county elnployees
11.08.060 Parking~ stopping or standing $20 fine
a vehicle in violation of
posted restriction or prohibi-
tion
11.08.080 Parking during time and date Issuance of county parking ticket:
that official signs prohibit vehicle may be towed and im-
parking for the purposes of pounded
road cleaning
A-16
APPENDIX
Monroe County Penalty Table
Title 12
BOATS, DOCKS AND WATERWAYS
Chaptelr Section Violation Penalty
12.08 Liive-Aboard 12.08.030 General violation of chapter Civil penalty of $50; upon
Vessel Restrictions provisions conviction after appearance before
county court-penalty not to
exceed $500
12.16 Mooring Fields 12.16.080 General violation of chapter Prosecuted as provided in F.S. S
provisions 125.69( 1)
12.20 Vl~ssel Restricted 12.20.070 General violation of chapter Civil penalty of $50; upon
Zones provisions conviction after appearance before
county court-penalty not to
exceed $500
12.28 Interference With 12.28.030 Causing~ suffering or Fine up to $500 and/or
Navigable Canals permitting trees or itnprisonment in jai I up to 60
vegetation to grow or days; shall also be punished by
extend into or over a Monroe County Code Ch. 1.08
manmade water body that and F.S. Ch. 162 or by
constitutes a navigational prosecution before code
hazard to vessels enforcement special master
pursuant to Monroe County Code
Ch. 1.12 and F.S. Ch. 162
]2.32 Noise Pollution 12.32.010 Refusal to submit to sound Punishable as provided in F.S. ~
and ExJhaust level test 775.082 or 775.083
Regulations
]2.36 Diving and 12.36.040 Diving or snorkeling in any Civil penalty of $50; upon
Snorkeling manmade water body or conviction after appearance before
within 300 ft of an county court-penalty not to
improved residential or exceed $500
commercial shoreline
during the entirety of the
lobster mini-season
A-17
PENALTY TABLES
Monroe County Penalty Table
Title 13
STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter Section Violation Penalty
13.04 Streets and 13.04.030 Fishing from the Card Sound Fine not less than $15 or more than
Highways Generally Bridge $500 and/or imprisonlnent in jail
up to 60 days
13.04.040 Fishing froln TOlTI ~s Harbor $15 fine
Channel County Bridge
13.08 Public Right-of- 13.08.140(D)(3) Work commenced prior to $25 fine
Way Use Permits obtaining permit
13.08.190 Use of county public rights- Punishable as provided for in F .S. ~
of-way or easements prior 125.69
to obtaining permits
I 3 . I 6 Pub I i c 13. 16.110 Causing~ authorizing or Fine up to $500 and/or
Assembly Permits permitting a public imprisonment in jail up to 60
asselnbly without a permit days: may also be prosecuted by
or not in conformity with issuance of citations as authorized
issued permit by F.S. S 125.69(2) and Ch. 76-
435~ Laws of Florida or by county
code enforcement special master
13.24 Airport 13.24.040(C) Parking in no-parking area at $15 fine: parking in a metered
Regulations Key West Airport: parking space past time designated by
in area designated for meter-$IO
employees: double
parking: parking at an
expired meter
13.24.040(D) Parking in no-parking area at $20 fine
Marathon Airport: parking
in area reserved for
vehicles of a different type
or category or reserved for
vehicles leased~ licensed or
pennitted by the county
13.24.050 General violation of chapter Punishable as provided for in F.S. S
provisions 332.08(2)(b)
] 3.28 Parks and 13.28.030 General violation of chapter Fine up to $500 and/or
Beaches Generally provisions imprisonment in jail up to 60 days
13.32 Specific County 13.32.0]0 V io lation of general Pines Fine up to $500 and/or
Parks County Park regulations itnprisonment in jail up to 60 days
13.32.020 Violation of general Higgs Fine up to $500 and/or
Beach County Park imprisonment in jail up to 60 days
regulations
] 3.32.030 Launching ultralight aircraft Fine up to $500 and/or
or retrieving aircraft from imprisonment in jail up to 60 days
water on certain boat
ralnps
A-] 8
APPENDIX
Chapter Section Violation Penalty
13.32.040 General violations of rules Fine up to $500 and/or
of conduct and operational imprisonlnent in jail up to 60 days
procedures in certain parks
A-19
PENALTY TABLES
Monroe County Penalty Table
Title 14
PUBLIC SERVICES
Chapter Section Violation Penalty
14.08 Municipal 14.08.200 Damaging property of ~~ . . . punished as provided in the
Service Taxing and districts general law for punishments for
Benefit Districts malicious injury to property."
Created
14.28 Municipal 14.28. ] 70 Dalnaging property of district ~~. . . punished as provided in the
Service Taxing general law for punishlnents for
District for Garbage Inalicious injury to property."
and Waste Disposal
14.32 County Solid 14.32.070 Collection regulations Suspension or revocation of license
Waste Collection, ( E)( 1 1) &
Disposal and (G)( 10)
Assessment Code
] 4.32.120 General violation of chapter Fine up to $500 and/or
provisions imprisonment in jail up to 60 days
14.32.130 General violation of chapter Additional fines may be imposed as
provisions provided in F.S. ~ 381.112
14.32.230 Delinquent solid waste Lien imposed on property
assessment
14.36 Inspection and 14.36.040(B) Failure to sublnit operating Fine up to $500 and/or
Compliance Program ( 1 ) Property permit application~ OSTDS ilnprisonlnent in jai I up to 60 days
for Unknown and owners fails to provide satisfactory
Unpermitted On-site service
Sewage Treatlnent
and Disposal Systems
14.36.040(B) Falsify info on permit ~~ . . . referred to their licensing
(2) Septic applications~ fail to agency for disciplinary action."
tank regularly submit inspection Revocation of certification by
contractors schedules~ refuse MCHD after 2 separate violations
and plumbers monitoring by MCHD
inspectors
14.36.040(C) General violation of section Fine up to $500 and/or
ilnprisonment in jail up to 60 days
14.40 Connection of 14.40.090 General violation of chapter Prosecution before code
On-Sale Sewage provisions enforcelnent speciallnaster or as a
Treatment and second degree Inisdelneanor
Disposal Systeln to pursuant to F .S. ~ 125 .69( 1 )
Central Sewage
System
14.52 Water and 14.52.060 General violation of chapter Punished as provided in F.S. ~
Irrigation provisions 125 .69( 1)~ or as civil infraction
Conservation w/civil penalty up to $500
A-20
APPENDIX
Chapter Sectio n Violation Penalty
J 4.56 \\'ater Shortage J 4.56.070 General violation of chapter J st violation: $25 fine
Regulations provisions 2nd & subsequent violations: fine
up to $500 and/or imprisonlnent
in jail up to 60 days
A-21
STATUTORY REFERENCES
FOR
FLORIDA COUNTIES
The statutory references listed below refer the code user to state statutes applicable to Florida counties. They
are up to date through June~ 2004.
General Provisions
Se I f- governtm ent
Fla. Stats. ~ 125.60 et seq.
Optional county charters
Fla. Stats. ~ 125.80 et seq.
County seats
Fla. Stats. Ch. 138
Elections
Fla. Stats. Chs. 97-107
Codification of ordinances
Fla. Stats. ~ 125.68
Penalties for ordinance violations
Fla. Stats. ~ 125.69
County code enforcement
Fla. Stats. Ch. 162
Eminent dornain
Fla. Stats. ~~ 127.01 and 127.02
Administration and Personnel
Comm issioners ~ districts
Fla. Stats. Ch. 124
County commissioners~ powers and duties
Fla. Stats. ~ 125.001 et seq.
Countyadmltnistration
Fla. Stats. ~~ 125.70-125.74
Ordinance enactInent procedure
Fla. Stats. ~~ 125.66 and 125.67
Compensation of county officials
Fla. Stats. Ch. 145
Bonds of county officers
Fla. Stats. Ch. 137
County property management
Fla. Stats. ~~ 125.35-125.411
Emergency management
Fla. Stats. ~ 252.31 et seq.
Employee regulations generally
Fla. Stats. ~~ 125.5801-125.585
Revenue and Finance
Fiscal year
Fla. Stats. ~ 129.04
Annual budget
Fla. Stats. Ch. 129
County depositories
Fla. Stats. Ch. 136
Tourist development tax
Fla. Stats. ~ 125.0104
Bond financing
Fla. Stats. Ch. 159
Public project financing
Fla. Stats. ~~ 125.0 I 1-125.019
County bonds
Fla. Stats. Ch. 130
Refunding bonds
Fla. Stats. Ch. 131
County fine and forfeiture fund
Fla. Stats. Ch. 142
SR-l
STATUTORY REFERENCES
Business Taxes,
Licenses and Regulations
Beach and shore preservation
Fla. Stats. Ch. 161
Professions and occupations generally
Fla. Stats. Ch. 454 et seq.
Public Peace, Morals
and Welfare
Alcoholic beverages
Fla. Stats. Ch. 561 et seq.
State crilTIinal code
Fla. Stats. Ch. 775 et seq.
Solicitation of Contributions Act
Fla. Stats. ~ 496.401 et seq.
Possession and sale of alTIlTIunition
Fla. Stats. ~ 125.0107
HOlTIe solicitations
Fla. Stats. ~ 501.021 et seq.
Vehicles and Traffic
T elecommun ications
Fla. Stats. ~ 125.421
Motor vehicles generally
Fla. Stats. Ch. 316 et seq.
Animals
Powers of local authorities
Fla. Stats. ~ 316.008
Dangerous dogs
Fla. Stats. ~ 767.0 I et seq.
Driving under influence
Fla. Stats. ~ 316.193 et seq.
Health and Safety
State public health statutes
Fla. Stats. Ch. 381 et seq.
Parking infractions
Fla. Stats. ~ 3 18.325
Public health facilities
Fla. Stats. Ch. 154
Streets, Sidewalks
and Public Places
Elnergency medical services
Fla. Stats. ~ 125.271
State highway systelTI
Fla. Stats. Ch. 335
Hospitals
Fla. Stats. Ch. 155
Public projects generally
Fla. Stats. ~~ 125.011-125.019
Fire prevention code enforcement
Fla. Stats. ~ 125.56
Ports and harbors
Fla. Stats. Title XXII
Pu blic Services
Sanitary nuisances
Fla. Stats. ~ 386.0 I et seq.
Water and sewer systems
Fla. Stats. Ch. 153
Smoking regulations preelTIpted by state
Fla. Stats. ~ 386.209
Buildings and Construction
Children ~ s services
Fla. Stats. SS 125.901 and 125.902
Building code enforcement
Fla. Stats. S 125.56
Air quality protection
Fla. Stats. ~ 125.275
Sign ordinances
Fla. Stats. S 125.0102
SR-2
ST A TUTORY REFERENCES
Subdivisions
Platting
Fla. Stats. ~ 177.01 ] et seq.
Zoning
Planning and development
Fla. Stats. Ch. ] 86
Falnily day care homes
Fla. Stats. ~ ] 25.0] 09
SR-3
PRIOR CODE CROSS-REFERENCE TABLE
This tablle provides users with the legislative history and the current disposition of the sections in the Monroe County
Municipal <:ode.
Thus, prior code Section 1-] appears in this Code in Chapter] .04.
The legislative history information was derived from the Monroe County Code, comprising the general ordinances of the
city enacted through Ordinance 038-2002, passed December 18, 2002.
Prior
Code ~
I-I
1-2
1-3
1-4
1-5
1-6
1-7
1-8
1-9
2-1
2-1 . I
2-1.2
2-2
2-3
2-3.1
2-4
2-5
2-6
2-7
2-7. 1
2-8
2-9
2-9.1
2-10
2-11
2-12
2-13
2-14
2-15
2-15. ]
2-15.2
2-15.3
2-15.4
2- ] 5.5
Ordinance
History
Ord. 63-1997 ~ 2, 12-10-97
Ord. 25-1987 ~S 1, 2
Ord. 13-1977 ~ I ~ Ord. 29-1991 ~ 1 ~ Ord. 11-1993 ~ 1 ~ Ord. 6-1994
~ 1 ~ Ord. 22-1997 S I ~ Ord. 27-1998 S 1 ~ Ord. 012-2002 S 1
Ord. 18-1987 S 2~ Ord. ] 4-1996 ~S 1-5~ Ord. 22-1996 ~ 2~ Ord.
24-2000 ~ 1 ~ Ord. 4] -2000 ~ ]
Ord. 26-1998 ~~ 1-4, 9-9-98
Ord. 7-1974 S I
Ord. 22-1976 ~S ]-6,8
Ord. 2-1996 ~~ 1-4
Ord. ] -1977 ~ I
Ord. 1-1977 ~ 1
Ord. 23-1987 ~ 3 ~ Ord. 24-1987 ~ 3 ~ Ord. 1 OA-1988 ~ 1 ~ Ord. 27-1988
~ ] ~ Ord. 8-] 991 S I
Ord. 3-] 978 S 2
Ord. 52-] 995 ~~ 1-3
Ord. 19-1979 S~ 1, 2
Ord. 16-1979 SS 2-5
Ord. 4-]999 ~~ 1-7,1-]3-98
Ord. 25-1977 SS 1-4
Ord. 6-1982 ~ I
Ord. 021-1984 ~~ 1-3; Ord. 53-1988 S I
Ord. 7-1986 SS 1-4~ Ord. 43-] 987 ~ I
Ord. 30-1986 SS 1-4~ Ord. 44-1987 ~ 1
Ord. 52-1987 ~ 1
Ord. 28-1987 ~~ 1-3~ Ord. 30A-200 1 S I
Ord. 47 -1 987 ~ S 1, 2 ~ Ord. 32-] 988 ~ 2
Ord. 22-1988 SS ],2
Ord. 29-] 988 ~ S ], 2
Ord. 30-1988 SS ]-3
T-]
Herein
1.04.010
] .04.020
1.04.030
1.04.040
1.04.050
1.04.060
1.16.010
1.04.070
1.04.080
2.04.0 I 0
2.12.010
2. 16.0 1 0-
2.16.040
2.60.0 10
2.32.0] 0
2.32.020
2.60.020
2.60.030
2.72.010
Repealed by 022-
2004
2.72.020
2.64.0] 0
3.04.0 I 0
3.04.020
2.28.0 I 0
2.60.040
2.44.0 10-
2.44.030
8.16.010
8. ] 6.020
8. 16.030
2.72.030
2.56.010, 2.56.020
2.72.040
2.72.050
1.08. ] 30
TABLES
Prior
Code ~
2-15.6
2-15.7
2-16
2-17
2-18
2-19
2-20
2-21
2-22-2-212
2-213
2-214
2-215
2-216
2-217
2-218
2-219
2-220
2-22 I
2-222
2-223
2-224
2-225-2-234
2-235
2-236
2-237
2-238
2-239
2-240
2-241
2-242
2-243
2-244
2-245
2-246
2-247
2-248
2-249
2-250
Ordinance
History
Ord. 38-1988 ~~ 1 ~ 2
Ord. 27-2000 ~ 1
Res. 20-1973 ~ 1 ~ Res. 133-1973 ~ Res. 520-1991 ~ 2
Res. 20-1973 9 2~ Res. 520-1991 ~ 3
Res. 20-1973 9 3~ Res. 520-1991 9 1
Res. 20-1973 ~ 4~ Res. 520-1991 9 4
Res. 20-1973 ~ 5~ Res. 520-1991 ~ 5
Ord. 38-1988 9 I
Ord. 38-1988 ~ 2~ Ord. 30-1990 9 1
Ord. 38-1988 ~ 3; Ord. 30-1990 ~ 2~ Ord. 19-1994 S 1
Ord. 38-1988 ~ 4
Ord. 38-1988 ~ 5; Ord. 30-1990 S 3; Ord. 19-1994 S 2
Ord. 12-1975 S~ 1-3
Ord. 8-1975 S9 1-3
Ord. 4-]976 ~~ 1-3
Ord. 4-1976 ~~ 1 ~ 2
Ord. 1-1976 9S 1-3
Ord. 13-1987 ~ ]
Ord. 5-1977 ~ 1 ~ Ord. 14-1977 ~ 3 ~ Ord. 12-1978 S 1 ~ Ord. 7-] 979 S 1 ~
Ord. 1 ] -1979 ~ 1; Ord. 4-1981 ~ 1: Ord. 50-1987 ~ 2~ Ord. 44-1988
~ I; Ord. 35-1996 ~ 1: Ord. 45-2000 ~~ 1 ~ 3~ Ord. 52-2000 ~ 1
Ord. 5-1977 9 2
Ord. 5-1977 ~ 3~ Ord. 12-1978 ~ 2
Ord. 5-1977 9~ 4-7~ Ord. 12-1978 ~~ 3~ 4: Ord. 50-1987 S 3~ Ord.
44-1988 ~ 2
Ord. 5-1977 S 8
Ord. 5-1977 ~ 8
Ord. 5-1977 ~ 9
Ord. 5-1977 ~ 10
Ord. 5-1977 ~ 11 ~ Ord. 14-1977 ~ 4~ Ord. 44-1988 S 3
Ord. 5-1977 9 12: Ord. 14-1977 ~ 4; Ord. 44-1988 S 4
Ord. 5-1977 ~S 13~ 29
Ord. 5-1977 ~ 14
Ord. 5-1977 ~ 15
Ord. 5-1977 * 16
Ord. 5-1977 *S 17-19~ Ord. 14-1977 ~ 4; Ord. 11-1979 ~ 2; Ord.
44-1988 9 5
Ord. 5-1977 S 30~ Ord. 14-1977 ~ 5: Ord. 12-1978 ~ 5~ Ord. 44-1988
S6
T-2
Herein
Repealed by 022-
2004
3.24.010
Repealed by
022-2004
Repealed by
022-2004
Repealed by
022-2004
Repealed by
022-2004
Repealed by
022-2004
2.08.010
Reserved
4.24.010
4.24.020
4.24.030
4.24.040
4.24.050
3.16.010
3.16.020
3.16.030
3.16.040
3.16.050
Reserved
3.16.060
Reserved
14.08.010
14.08.020
14.08.030
14.08.040
14.08.050
14.08.060
14.08.070
14.08.080
14.08.090
14.08.100
14.08. 1 10
14.08.120
14.08.130
] 4.08.140
14.08.150
14.08.160
Prior
Code ~
2-25 1
2 -2 5 2
2-253
2-254
2-255
2-256
2-257
2-258, 2-259
2-260
2-26 I
2-262
2-263
2-264
2-267
2-268
2-269
2-270-2-279
2-280
2-28 I
2-282-2-296
2-297
2-298
2-299
2-300
2-301
2-302
2-303-2-312
2-3 13
2-314
2-315
2-316
2-317
2-3 18
2-3 19
2-320-2-33 I
2-332
2-332(A)
2-333
2-334
2-335
2-336
2-337
2-338
2-339
Ordinance
History
Ord. 5-1977 ~ 20
Ord. 5-1977 ~ 21
Ord. 5- I 977 ~ 22
Ord. 5-1977 ~ 23
Ord. 5-1977 ~ 27
Ord. 5- I 977 ~ 29~ Ord. 14- I 977 ~ 4~ Ord. 44- I 988 ~ 7
Ord. 45-2000 ~~ 1, 2, 4- I I
Ord. 10-] 982 ~ I ~ Ord. 44-1988 ~ 8~ Ord. 4-2002 ~ 2
Ord. I 0-1982 ~ 2~ Ord. I 0-1983 ~ I ~ Ord. 26- I 987 ~~ 1, 2~ Ord.
44- I 988 ~ 9~ Ord. I 3-1992 ~ 1 ~ Ord. 4-2002 ~ 3
Ord. 1 0-1982 ~ 3 ~ Ord. 44-1988 ~ 10
Ord. 1 0-1982 ~ 4~ Ord. 44-] 988 ~ 1] ~ Ord. 13- I 992 ~ 2~ Ord. 4-2002
~4
Ord. I 0-1982 ~ 5~ Ord. 44-1988 ~ ] 2
Ord. 10-1979 S 2
Ord. 10-1979 S 3
Ord. 10-] 979 S 4
Ord. 045-1999 S I
Ord. 045- I 999 ~ 2
Ord. ] 5- ] 988 S I
Ord. I 5- ] 988 S I ~ Ord. 26- I 990 ~ 1
Ord. ] 5-1988 S 1 ~ Ord. 3-1990 ~ ] ~ Ord. 45- I 995 ~ 1 ~ Ord. 50-] 996
S I ~ Ord. 38-1999 99 1-4
Ord. ]5-1988 9 1~ Ord. 17-1988 9 2~ Ord. 5-1990 S 1~ Ord. ]7-1900
92~Ord.28-1990S I~Ord. ]9-1991 9 I~Ord.3-1993 ~3~Ord.
20- I 993 ~ 1 ~ Ord. 20- I 994 9 1 ~ Ord. 31-1998 9 2
Ord. I 5-1988 ~ 1
Ord. 15-1988 S 1
Ord. 15-1988 ~ 2~ Ord. 17-1988 S 3
Ord. I 6-1989 ~ 1
Ord. ] 6- ] 989 9 2
Ord. 16- I 989 S 3
Ord. 16-1989 S 4
Ord. 16-1989 S 5~ Ord. 26- I 989 ~ 2
Ord. ] - I 98 I ~ I
Ord. 22-2001 S I
Ord. 1-1 98 1 9 2
Ord. I - I 981 ~ 3
Ord. ] -1981 ~ 4
Ord. 1-] 98] S 5
Ord. I - I 98] ~ 6
Ord. 1-1981 ~ 7
Ord. 1-1981 ~ 8
T-3
CROSS-REFERENCE TABLE
Herein
14.08.] 70
14.08.180
14.08. 190
] 4.08.200
14.08.210
14.08.220
14.08.230
Reserved
3.44.0] 0
3.44.020
3.44.030
3.44.040
3.44.050
2.40.0] 0
2.40.020
2.40.030
Reserved
3.24.020
3.24.020
Reserved
3.32.0]0
3.32.020
4.36.0] 0-
4.36.050
3.32.030
3.32.040
3.32.050
Reserved
3.32.060
Reserved
3.20.0] 0
3.20.020
3.20.030
3.20.040
3.20.050
Reserved
3.40.010
3.40.020
3.40.030
3.40.040
3.40.050
3.40.060
3.40.070
3.40.080
3.40.090
TABLES
Prior
Code ~
2-340
2-341
2-342
2-343
2-344-2-369
2-370
2-371
2-372
2-373
2-374
2-375
2-376
2-377
2-378-2-387
2-388
2-389
2-390
2-391
2-392
2-393
2-394
2-395
2-396
2-397
2-398
2-399
2-400
2 -40 1
2-402
2-403
2-404
2 -405
2 -406
2 -40 7
2-408-2-414
2 -4 1 5
2-416-2-456
2-457
2-458
2 -4 5 9
2-460
2 -46 ]
2 -462
2 -463
2-464-2-473
2-474
2-475
Ordinance
History
Ord. 1-1981 ~ 9
Ord. 1-1981 ~ 10
Ord. 1-198] ~ 1 1
Ord. 1-1981 ~ ]2
Ord. 24-1985 ~ 1 ~ Ord. 21-1987 ~ 1 ~ Ord. 23-1996 ~ 1 ~ 4-17-96~ Ord.
54-1996 ~ 1
Ord. 24-1985 ~ 2~ Ord. 23-] 996 ~ 2~ 4-17-96
Ord. 24-] 985 ~ 3~ Ord. 23-1996 ~ 3~ 4-17-96~ Ord. 54-1996 ~ 2
Ord. 24-] 985 ~ 4~ Ord. 23-] 996 ~ 4~ 4-17 -96~ Ord. 54-1996 ~ 3
Ord. 24-1985 ~ 5~ Ord. 23-1996 ~ 5~ 4-17-96
Ord. 24-1985 ~ 6
Ord. 24-] 985 ~ 7
Ord. 24-1985 ~ 8
Ord. 31-] 985 ~ 2~ Ord. 34-1986 S 1 ~ Ord. 29-2000 ~ 1
Ord. 3 1-1985 ~ 3 ~ Ord. 34-1986 ~ 2
Ord. 3 1- ] 985 ~ 4
Ord. 3 1- ] 985 ~ 5
Ord. 3 1-1985 ~ 6
Ord. 3 1 - 1 985 ~ 7
Ord. 3 1-1985 ~ 8
Ord. 3 1-1985 ~ 9
Ord. 3 1-1985 ~ 1 0
Ord. 3 1-1985 ~ 11
Ord. 3 1- ] 985 ~ 12
Ord. 3 1-1985 ~ 13
Ord. 3 1-1985 ~ 14
Ord. 3 1-1985 S 15
Ord. 3 1-1985 ~ 16
Ord. 3 1-1985 ~ 17
Ord. 3 ) -1985 S 18~ Ord. 34-] 986 ~ 3
Ord. 3 1-1985 ~ ] 9
Ord. 3 ] -1985 ~ 20~ Ord. 34-] 986 ~ 4
Ord. 3 1- ] 985 ~ 21
Ord. 40-] 986 ~ 2
Ord. 25-] 988 ~ 2~ Ord. 37-1999 ~ )
Ord. 25-1988 ~ 3~ Ord. 5-1991 ~ 1~ Ord. ] 1-1995 ~ 2~ Ord. 37-]999
~ ~ 2~ 3
Ord. 25-1988 ~ 4
Ord. 25-1988 ~ 5
Ord. 25- ] 988 ~ 6
Ord. 25-1988 ~ 7
Ord. 25-] 988 ~ 8
Ord. 56-1988 ~ I
Ord. 56-] 988 ~ 2
T-4
Herein
3.40.]00
3.40.110
Not codified
3.40.120
Reserved
4.]6.010
4. ] 6.020
4. ] 6.030
4.16.040
4. ] 6.050
4.16.060
4.16.070
4.16.080
Reserved
14.04.0 I 0
14.04.020
14.04.030
14.04.040
14.04.050
14.04.060
14.04.070
14.04.080
14.04.090
14.04.100
14.04. I I 0
14.04.120
] 4.04. 130
14.04.140
14.04.150
14.04.160
14.04. ] 70
14.04. 180
14.04. ] 90
14.04.200
Reserved
Not codified
Reserved
3.08.010
3.08.020
3.08.030
3.08.040
3.08.050
3.08.060
3.08.070
Reserved
3.12.0]0
3.12.020
Prior
Code ~
2 -4 76
2-477
2-478
2-479
2-480
2-481
2 -4 82
2-483
2-484
2 -4 8 5
2-486-2-495
2-496
2 -4 97
2 -4 9 8
2-499
2-500-2-510
2-511
2-512
2-513
2-514
2-5 15
2-516
2-517-2-526
2-527
2-528
2-529
2-530
2-531
2-532
2-533
2-534-2-540
2-541
2-542-2-550
2-551
2-552
2-553
2-554
2-555
2-556
2-557
2-558
2-559
2-560
2-561-2-570
2-571
2-572
5-573-5-600
2-60 1
2-602
Ordinance
History
Ord. 56-1988 ~ 3
Ord. 56-1988 ~ 4
Ord. 56-1988 ~ 5
Ord. 56-1988 ~ 6
Ord. 56-1988 ~ 7
Ord. 56-1988 ~ 8
Ord. 56-1988 ~ 9
Ord. 56-1988 ~ 10
Ord. 56-1988 ~ II
Ord. 56-1988 ~ 12
Ord. 27-1989 ~ 1
Ord. 27-1989 ~ 2
Ord. 27-1989 ~ 3
Ord. 27-1989 ~ 4
Ord. 13-1989 ~ 2
Ord. 13-1989 ~ 3
Ord. 13-1989 ~ 4; Ord. 1-2000 ~ I
Ord. 13-1989 ~ 5; Ord. 34-1998 ~ 1
Ord. 13-1989 ~ 6
Ord. 13-1989 ~ 7
Ord. 10-1990 S 1
Ord. 1 0-1990 ~ 2~ Ord. 20-1990 ~ 1
Ord. 1 0-1990 ~ 3
Ord. 1 0-1 990 S 4
Ord. 1 0-1990 ~ 5
Ord. 1 0-1 990 ~ 6
Ord. I 0- 1 990 ~ 7
Ord. 32-1998 ~~ 1-14~ Ord. 19-1999 ~~ 1-3; Ord. 31-2000 S~ 1,2
Ord. 39-1993 ~ I
Ord. 39-1993 S 2
Ord. 39-1993 ~ 3
Ord. 39-1993 ~ 4
Ord. 39-1993 ~ 5
Ord. 39-1993 S 6
Ord. 39-1993 S 7
Ord. 39-] 993 ~ 8
Ord. 39-1993 ~ 9
Ord. 39-1993 ~ 10
Ord. 11-19-88 ~S 1-10, 1-19-88~ Ord. 47-1995 S 1, 10-18-95
Ord. 12-1988, ~S 1-1 O~ Ord. 48-1995, ~ 1
Ord. 30-2000 ~ 1
Ord. 30-2000 ~ 2
T-5
CROSS-REFERENCE TABLE
Herein
3.12.030
3.12.040
3.12.050
3. 12.060
3.12.070
3.12.080
3.12.090
3. 12.100
3.12.110
3.12.120
Reserved
3.48.010
3.48.020
3.48.030
3.48.040
Reserved
3.28.010
3.28.020
3.28.030
3.28.040
3.28.050
3.28.060
Reserved
2.24.010
2.24.020
2.24.030
2.24.040
2.24.050
2.24.060
2.24.070
Reserved
3.04.030
Reserved
4.32.010
4.32.020
4.32.030
4.32.040
4.32.050
4.32.060
4.32.070
4.32.080
4.32.090
4.32.100
Reserved
3.36.010
3.36.020
Reserved
4.28.010
4.28.020
TABLES
Prior
Code ~
2-603
2 -604
2-605
2-606
2-607
2-608
2 -609
2 -6 1 0
2-61 1
2-612
2-613
2-614
2 -6 1 5
2.1-1
2.1-2
2.1-3
2.1-4
2.1-5
2.3-1
2.3-2
2.3-3
2.3-4
2.3-5
2.4-1-2.4-25
2.4-26
2.4-27*
2.4-27*
[*There are
two sections
2.4-27]
2.4-28
2.4-29
2.4-30
2.4- 3 1
2.4-32
2.4-33-
2.4-40
2.4-41
2.4-42
2.4-43
2.4-44
2.4-45
2.4-46
2.4-47
3-1
3-2
'" '"
-'--'
Ordinance
History
Ord. 30-2000 ~ 3
Ord. 17-1977 ~ 3
Res. of 6-1 0-4 7~ Ord. 6-1989 ~ 1
Ord. 20-1986~ Ord. 1 0-1987 ~ 1
Ord. 19-1997 ~~ 1,2
Ord. 13-200 1 ~ 1
Ord. 11-1987 * 1 ~ Ord. 30-1987 ~ 2
Ord. 11-1987 ~ 2~ Ord. 30-1987 ~ 3
Ord. 11-1987 ~ 3
Ord. 11-1987 ~ 4~ Ord. 30-1987 ~ 4~ Ord. 8-1993 ~~ 1-3: Ord.
17-1993 ~ 1 ~ Ord. 38-1997 * 1, 1 0-15-97~ Ord. 38-2000 ~ 2
Ord. 11-1987 ~ 5 ~ Ord. 30-1987 ~ 5
Ord. 0-2001 * 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 0-200 1 ~ 2
Ord. 030-2002 S 1
Ord. 030-2002 ~ 2
Ord. 030-2002 ~ 3
Ord. 030-2002 ~ 4
Ord. 030-2002 ~ 5
Ord. 030-2002 ~ 6
Ord. 030-2002 ~ 7
Ord. 5-1988 * 2
Ord. 5-1988 * 3: Ord. 21-1993 S 1 ~ Ord. 1 0-1995 ~ 1 ~ Ord. 14-1997 ~ 1
Ord. 5-1988 ~ 4
T-6
Herein
4.28.030
2.68.0 10
2.68.020
2.68.030
2.68.040
2.68.050
2.68.060
2.68.070
2.68.080
2.68.090
2.68.100
2.68.110
2.68.120
5.08.110
5.08.120
Repealed by
022-2004
5.08.130
10.04.030
13.24.010
13.24.020
13.24.030
13.24.040
13.24.050
Reserved
14.56.010
14.56.020
14.56.030
14.56.040
14.56.050
14.56.060
14.56.070
14.56.080
Reserved
14.52.010
14.52.020
14.52.030
14.52.040
14.52.050
14.52.060
14.52.070
7.04.0 1 0
7.04.020
7.08.010
Prio r
Code ~
3-4
3-5
3-6
3-7
3-8
3-9
3-10
3-11
3-12
3-13
3-14
3-15
3-16
3-17
3-18
3-19
3-20
3-21
3-22
3-23
4-1-4- ]l5
4-16
4-17
4-18
4-19-4..23
4-24
4-25
4-26
4-27
4-28
4-29
4-30
4-31
4-32
4-33
5-1
5-2
5-3
5-4
5-5
5-6
5-7
5-7.1
5-7.2
5-8
5-9
Ordinance
History
Ord. 5-1988 ~ 5
Ord. 5-1988 ~ 6~ Ord. 1 0-1995 ~ 3
Ord. 5-1988 ~ 7
Ord. 5-1988 ~ 8~ Ord. 21-1993 ~ 2~ Ord. I 0-1995 ~ 2~ Ord. 37-2000
~ 1 ~ Ord. 34-200 I ~ I
Ord. 5-1988 ~ 9~ Ord. I 0-1995 ~ 2~ Ord. 18A-1995 ~ 1 ~ Ord. 14-1997
~2
Ord. 5-1988 ~ ] 0
Ord. 5-1988 ~ 11
Ord. 5-1988 ~ 12
Ord. 5-1988 ~ 13 ~ Ord. 1 0-1989 ~ ~ 1- 5 ~ Ord. 24-1992 ~ S I ~ 2~ Ord.
25-] 996 S I ~ 4-17-96~ Ord. 43-1996 ~ 1
Ord. 5-1988 ~ 14
Ord. 5-1988 S 15
Ord. 5-1988 ~ ] 6~ Ord. 3-2000 ~ 1 ~ Ord. 7 A-2000 ~ 2
Ord. 5-1988 ~ 17
Ord. 5-1988 S 18
Ord. 5-1988 ~ 19
Ord. 5-1988 ~ 20
Ord. 5-] 988 S 2 1
Ord. 5-1988 ~ 22
Ord. 5-1988 ~ 23
Ord. 5-1988 ~ 24
Ord. 51-1987 9 I
Ord. 5] - ] 987 S 2
Ord. 5] -1987 S 3
Ord. 3-1988 S 1
Ord. 3-1988 S 2
Ord. 3-] 988 ~ 3
Ord. 3-1988 ~ 4
Ord. 3-1988 S 5
Ord. 3-] 988 ~ 6
Ord. 3-1988 S 7
Ord. 3-1988 ~ 8
Ord. 3-1988 ~ 9
Ord. 3-1988 S 10
Ord. 5-]975 ~ 3~ Ord. 1-1988 S I
Ord. 5-1975 S 2
Ord. 5-1975 S 8~ Ord. ] 8-1985 ~ ]
Ord. 5-1975 S 9~ Ord. 18-1985 S 2~ Ord. 1-] 988 S 1
Ord. 5-1975 S I O~ Ord. 18-1985 S 3 ~ Ord. ] -1988 ~ I
Ord. 5-1975 S ] I
Ord. 5-1975 ~ 12~ Ord. 5-1980 S 1~ Ord. 1-1988 S ]
Ord. 1-1988 S 1
Ord. 1-1988 S 1
Ord. 5-]975 ~ 15~ Ord. 18-1985 ~ 4~ Ord. 1-1988 S 1
Ord. 5-1975 ~ 17~ Ord. 1-1988 S 1
T-7
CROSS-REFERENCE TABLE
Herein
7.08.020
7.12.010
7.12.020
7.12.030
7.20.010
7. 12.040
7.20.020
7.12.080
7.24.010
7.20.030
7.20.040
7.20.050
7. 12.050
7. ] 2.060
7. ]2.090
7.08.030
7.08.040
7.12.070
7.04.030
7.04.040
Reserved
2.36.0]0
2.36.020
2.36.030
Reserved
13.36.0]0
13.36.020
13.36.030
13.36.040
13.36.050
13.36.060
13.36.070
13.36.080
13.36.090
I 3 .36. ] 00
8.04.0 10
8.04.020
8.04.030
8.04.040
8.04.050
8.04.060
8.04.070
8.04.080
8.04.090
8.04.100
8.04. I I 0
TABLES
Prior
Code ~
5-10
5-11-5-21
5-22
5-23
5-24
5-25
5-26
5-27
5-28
5.5-1
5.5-2-5.5-15
5.5-16
5.5-17
5.5-18-
5.5 -4 5
5.5-46
5.5 -47
5.5 -4 8
5.5-49-
5.5-75
5.5-76
5.5-77
5.5-78
5.5-79
5.5-80
5.5-81
5.5-82
5.5-83
5.5-84-
5.5-105
5.5-106
5.5-107
5.5-108
5.5-109
5.5-110
5.5-111
5.5-112
5.5-113
5.5-114-
5.5-130
5.5-131
5.5-132
5.5-133
5.5-140
5.5-141
Ordinance
History
Ord. 5-1975 ~ 7~ Ord. 1-1988 ~ 1
Ord. 5-1975 ~ 4~ Ord. 1-1988 ~ 1
Ord. 5-1975 ~~ 5~ ]3(b)(I)~ (2)~ Ord. 21-1976 ~ 3~ Ord. 18-1985 ~ 5~
Ord. 1-1988 ~ I ~ Ord. 19-1990 ~ 4
Ord. 5-1975 ~ 13(a)~ Ord. 21-1976 ~~ I~ 2~ Ord. 18-1985 S 6
Ord. 5-1975 S 13(b)(3)~ Ord. 21-1976 S 4~ Ord. 1-1988 ~ 1
Ord. 5-1975 ~ 14~ Ord. 21-1976 ~ 5~ Ord. 18-1985 S 7~ Ord. 1-1988 S 1
Ord. 5- I 975 ~ 6~ Ord. 18- I 985 ~ 8
Ord. 5-1975 ~~ 7~ 16~ Ord. 21-1976 ~ 6~ Ord. 18-1985 ~ 9~ Ord. 1-1988
S 1
~
Ord. 031-2002 ~ 5
Ord. 3-1995 ~S 1-3~ 6~ 7~ Ord. 031-2002 ~ 2
Ord. 42-2001 ~~ 1-3~ Ord. 031-2002 S 2
Ord. 20-1999 ~ I ~ Ord. 03 1-2002 ~ 3
Ord. 20-1999 S 2~ Ord. 031-2002 ~ 3
Ord. 20-1999 S 3~ Ord. 031-2002 ~ 3
Ord. 26-200 I S I ~ Ord. 03] -2002 S 4
Ord. 26-200 I S I ~ Ord. 031-2002 S 4
Ord. 26-200 I S 1 ~ Ord. 03] -2002 ~ 4
Ord. 26-200 I S I ~ Ord. 03 1-2002 ~ 4
Ord. 26-200 I ~ I ~ Ord. 031-2002 ~ 4
Ord. 26-200 1 ~ I ~ Ord. 031-2002 ~ 4
Ord. 26-200 I ~ I ~ Ord. 03 1-2002 ~ 4
Ord. 26-200 I S I ~ Ord. 031-2002 S 4
Ord. 03 1-2002 ~ 6
Ord. 03 1-2002 S 6
Ord. 031-2002 S 6
Ord. 03 I -2002 ~ 6
Ord. 031-2002 S 6
Ord. 03 1-2002 S 6
Ord. 03 1-2002 ~ 6
Ord. 031-2002 ~ 6
Ord. 034-2002 S 1
Ord. 034-2002 S 2
Ord. 034-2002 ~ 3
T-8
Herein
8.04.120
Reserved
8.04.130
8.04.140
8.04.150
8.04.160
8.04.170
8.04.180
8.04.190
12.04.010
Reserved
12.08.010-
12.08.040
12.28.0 I 0-
12.28.030
Reserved
12.12.010
12.12.020
12.12.030
Reserved
12.16.010
12.16.020
12.16.030
12.16.040
12.16.050
12.16.060
12. 16.080
12.16.070
Reserved
12.20.010
12.20.020
12.20.030
12.20.040
12.20.050
12.20.060
12.20.070
12.20.080
Reserved
] 2.24.010
12.24.020
12.24.030
12.36.0] 0
12.36.020
Prior
Code ~
5.5-142
5.5-143
6-1
6-2
6-3
6-4
6-5
6-6
6-7
6-8
6-9
6-10
6-11
6-12
6-13
6-14
6-15
6-16
6-17
6-18
6-19
6-20
6-21
6-22
6-23
6-24
6-25
6-26
6-27
6-28
6-29
6-30
6-31
6-32
6-33
6-34
6-35
6-36
6-37
6-38
6-39
6-40
6-41
6-42-6-54
6-55
Ordinance
History
Ord. 0 I 0-2002 9 2
Ord. 0 I 0-2002 9 2
Ord. 010-2002 ~ 2
Ord. 010-2002 ~ 2
Ord. 0 I 0-2002 9 2
Ord. 0 I 0-2002 9 2
Ord. 0 10-2002 9 2
Ord. 0 I 0-2002 S 2
Ord. 0] 0-2002 S 2
Ord. 0 I 0-2002 ~ 2
Ord. 0 I 0-2002 9 2
Ord. 0 I 0-2002 9 3
Ord. 0 I 0-2002 9 3
Ord. 0] 0-2002 9 3
Ord. 0 I 0-2002 9 3
Ord. 0 10-2002 9 3
Ord. 010-2002 9 6
Ord. 0 I 0-2002 S 6
Ord. 0 10-2002 S 6
Ord. 0 10-2002 S 6
Ord. 0] 0-2002 S 6
Ord. 0] 0-2002 9 6
Ord. 0 I 0-2002 S 6
Ord. 0 10-2002 9 6
Ord. 0 I 0-2002 ~ 6
Ord. 010-2002 S 6
Ord. 0] 0-2002 S 6
Ord. 0] 0-2002 S 6
Ord. 0 I 0-2002 9 6
Ord. 0 I 0-2002 ~ 6
Ord. 0 I 0-2002 S 6
Ord. 0 I 0-2002 S 6
Ord. 0 10-2002 S 6
Ord. 010-2002 S 7
Ord. 010-2002 S 7
Ord. 0 10-2002 9 7
Ord. 0 10-2002 S 7
Ord. 010-2002 ~ 7
Ord. 010-2002 S 7
Ord. 0 I 0-2002 9 7
Ord. 0] 0-2002 S 8
Ord. 3-1983 9 1 ~ Ord. 4-1984 ~ 2~ Ord. 21-1986 9S 2~ 3; Ord. 2-1995
~ I
T-9
CROSS-REFERENCE TABLE
Herein
12.36.030
12.36.040
6.04.010
6.04.020
6.04.030
6.04.040
6.04.050
6.04.060
6.04.070
6.04.080
6.04.090
6.04.100
6.04. 1 I 0
6.08.010
6.08.020
6.08.030
6.08.040
6.08.050
6.12.010
6.12.020
6.12.030
6.12.040
6.12.050
6.12.060
6.12.070
6.12.080
6.12.090
6. 12. 1 00
6.12.110
6.]2.120
6.12.130
6. 12. 140
6.12.150
6. 12. 160
6.]2.170
6.]2.180
6.12.] 90
6.12.200
6.12.210
6.12.220
6.12.230
6.12.240
6.12.250
Reserved
6.16.010
TABLES
Prior
Code ~
6-56
6-57
6-58
6-59
6-60
6-61
6-62
6-63
6-64
6-65
6-66
6-66. 1
6-67
6-68
6-69
6-70
6- 7 1-6-82
6-83
6-84
6-85
6-86
6-87
6-88
6-89
6-90
6-91
Ordinance
History
Ord. 16-1975 ~~ 1 ~ 3(A)-(W): Ord. 2-1984 S 1 ~ Ord. 21-1986 ~~ 4-
24~ Ord. 3-1991 S 1 ~ Ord. 8-1992 S 1 ~ Ord. 9-1992 ~ 1 ~ Ord. 4-1993
~ LOrd. 35-1993 S 1: Ord. 18-1994 ~S 1 ~ 2~ Ord. 14-1995 S 1 ~ Ord.
15-1996 S 1 ~ 3-30-96~ Ord. 17-1996 S 1 ~ Ord. 20-1996 S 1 ~ Ord.
53-1996 S 1 ~ Ord. 60-1996 S 1 ~ Ord. 28-1997 ~ 1: Ord. 30-1997 ~S 1 ~ 2:
Ord. 53-1997 ~ 1 ~ Ord. 54-1997 ~ 1: Ord. 9-1998 ~S 1 ~ 2; Ord. 20-1998
~ 1 ~ Ord. 12-1999 ~ 1: Ord. 025-2002 ~ 1
Ord. 16-1975 ~ 10; Ord. 27-1984 ~ 1 ~ Ord. 28-1984 ~S L 2~ Ord.
21-1996 S~ 25-29~ Ord. 3-1992 ~~ 1-3~ Ord. 14-1993 ~ 1
Ord. 16-1975 ~ 14: Ord. 21-1986 ~ 30
Ord. 16-1975 S 11: Ord. 27-1984 ~~ 3-6: Ord. 12-1986 ~ 1: Ord.
21-1986 ~ 31: Ord. 2-1990 ~ 1 ~ Ord. 3-1991 ~ 2; Ord. 17 -1992 ~ 1:
Ord. 31-1993 ~~ 1 ~ 2: Ord. 16-1995 ~ 1 ~ Ord. 16-1996 S 1 ~ 3-20-96:
Ord. 55-1996 ~ 1: Ord. 29-1997 ~ 1 ~ Ord. 56-1997 ~ 1 ~ 12-10-97
Ord. 16-1975 ~ 13: Ord. 13-1993 ~ 2: Ord. 31-1994 ~ 1~ Ord. 54-1995
S 1
s
Ord. 16-1975 S 12~ Ord. 3-1983 ~~ 2~ 3~ Ord. 4-1984 ~ 3~ Ord. 21-1986
~ 33 ~ Ord. 13-1993 ~ 1: Ord. 31-1997 S 1
Ord. 16-1975 S 16: Ord. 6-1978 ~ 2: Ord. 6-1979 ~ 1 ~ Ord. 21-1986
S 34: Ord. 23-1993 ~ 1
Ord. 16-1975 ~ 8~ Ord. 6-1978 ~ 1 ~ Ord. 21-1986 ~ 35~ Ord. 12-1992
~ 1 ~ Ord. 37-1993 ~ 1: Ord. 16-1996 ~ 2~ 3-20-1996~ Ord. 20-1996 ~ 2~
3-20-96~ Ord. 57-1996 S 1. 11-12-96
Ord. 16-1975 ~ 9: Ord. 16-1990 ~ 1
Ord. 16-1975 ~ 8: Ord. 16-1990 ~ 2~ Ord. 17-1995 ~ 1: Ord. 25-2000
~~ 1-3: Ord. 12-2001 S 1: Ord. 5-2002 ~S 1~ 2
Ord. 16-1990 ~ 3
Ord. 16-] 975 ~ 4: Ord. 21-1986 ~ 36
Ord. 16-1975 S 7~ Ord. 14-1990 S 1: Ord. 12-1992 S 2~ Ord. 5-1993
~ 1: Ord. 15-1993 ~~ L 2: Ord. 32-1993 ~ 2: Ord. 33-1993 S 1: Ord.
20-1996 S 3~ 3-20-96: Ord. 56-1996 ~ 1 ~ Ord. 8-] 998 S L 3-11-98
Ord. 16-1975 S 5 ~ Ord. 2 1-1986 S 37: Ord. 6-1993 S 1
Ord. 16-1975 S 17
Ord. 16-1975 ~ 6(A): Ord. 10-1993 S 1; Ord. 25-1998 S 1 ~ 9-9-98
Ord. 16-1975 S 6(B): Ord. 46-1988 ~ 1; Ord. 1 0-1993 S~ 2~ 3~ Ord.
25-1998 ~~ 2~ 3~ 9-9-98
Ord. 16-1975 S 6(C): Ord. 46-1988 S 2: Ord. 18-1991 S 1 ~ Ord.
10-1993 ~S 4-7
Ord. 16-1975 S 6(0)
Ord. 16-1975 S 6(E): Ord. 21-1986 SS 39~ 40; Ord. 20-1996 S 4~
3-20-96~ Ord. 25-1998 S 4~ 9-9-98
Ord. 16-1975 S 6(F)
Ord. 16-1975 S 6( G): Ord. 21-1986 S 41
Ord. 16-1975 S 6(H): Ord. 21-1986 S 42~ Ord. 46-1988 ~ 3: Ord.
23-1991 ~ 1: Ord. 32-1993 ~ I: Ord. 20-1996 ~ 5~ Ord. 58-1997 ~S I~ 2:
Ord. 8-1998 S 2~ Ord. 25-1998 ~ 5: Ord. 23-1999 S 1
Ord. 21-1986 S 43
T-10
Herein
6.16.020~ 6.16.030
6.16.040
6.16.050
6.16.060
6.16.070
Reserved
6.16.080
6.16.090
6.16.100
6.16.110
6.16.120
6.16.130
6.16.140
6.16.150
6.16.160
6.16.170
Reserved
4.12.010
4.12.020
4.12.030
4.12.040
4.12.050
4.12.060
4.12.070
4.12.080
4.12.090
CROSS-REFERENCE TABLE
Prior Ordinance
Code ~ History Herein
6-92-6-284 Reserved
6-285 Ord. 10-1988 9 1; Ord. 113-1988 9 2 6.08.060
Chs. 6.1 , 6.2 Reserved
6.3-1 Ord. 50-2000 ~ 3 1.08.010
6.3-2 Ord. 50-2000 ~ 3 1.08.020
6.3-3 Ord. 50-2000 ~ 3 1.08.030
6.3-4 Ord. 50-2000 ~ 3 1.08.040
6.3-5 Ord. 50-2000 * 3 1.08.050
6.3-6 Ord. 50-2000 ~ 3 1.08.060
6.3-7 Ord. 50-2000 S 3 1.08.070
6.3-8 Ord. 50-2000 S 3 1.08.080
6.3-9 Ord. 50-2000 * 3 1.08.090
6.3-10 Ord. 50-2000 * 3 1.08.100
6.3-11 Ord. 50-2000 ~ 3 1.08.110
6.3-12 Ord. 50-2000 ~ 3 1.08.120
6.3-13 Ord. 50-2000 ~ 3 1.08.140
6.3-14 Ord. 50-2000 ~ 3 1.08.150
6.3-15--
6.3-30 Reserved
6.3-3 1 Ord. 50-2000 ~ 3 1.12.010
6.3-32 Ord. 50-2000 S 3 1.12.020
6.3-33 Ord. 50-2000 S 3 1.12.030
6.3-34 1.12.040
6.3-35 Ord. 50-2000 ~ 3 1. 12.050
6.3-36 Ord. 50-2000 ~ 3 1.12.060
6.3-37 Ord. 50-2000 ~ 3 1.12.070
6.4-1 Ord. 34-1990 S I 5.20.010
6.4-2 Ord. 14-1989 ~ I; Ord. 34-1990 S 2 5.20.020
6.4-3 Ord. 14-1989 S I; Ord. 34-1990 S 3 5.20.030
6.4-4 Ord. 14-1989 S 1; Ord. 34-1990 S 4 5.20.040
6.5-1 Ord. 1-1982 S I; Ord. 20-1983 S I 8.12.010
6.5-2 Ord. 20-1983 ~ 2 8.12.020
6.5-3 Ord. 1-1982 S 3; Ord. 20-1983 S 3 8.12.030
6.5-4 Ord. 1-1982 S 4; Ord. 20-1983 S 4 8.12.040
6.5-5 Ord. 1-1982 S 5; Ord. 20-1983 S 5; Ord. 5-1987 S I 8.12.050
6.5-6 Ord. 1-1982 S 6; Ord. 20-1983 S 6 8.12.060
6.5- 7 Ord. 1-1982 ~ 7; Ord. 20-1983 ~ 7 8.12.070
6.5-8 Ord. 1-1982 S 8; Ord. 20-1983 S 8 8.12.080
6.5-9 Ord. 1-1982 S 9 8.12.090
6.5-10 Ord. ] -1982 S 10 8.12.100
6.5-1 ] Ord. 1-1982 S 11; Ord. 20-1983 S 9 8.12.1]0
6.5- ] 2 Ord. I - I 982 S 12 8.12.]20
6.5-13 Ord. 1-1982 ~ 13 8.12.130
6.5-14 Ord. 1-] 982 * 14; Ord. 20-1983 S 10 8.]2.140
6.5-] 5 Ord. 20-1983 S 11 8.12.150
6.5-16 Ord. 1-1982 S 16; Ord. 20-1983 S 12 8. ] 2. 160
6.5-] 7 Ord. 1-] 982 ~ ] 8 8.12.]70
6.5-18 Ord. ] -1982 ~ ] 9 8.]2.180
T-II
TABLES
Prior
Code ~
6.5-19-
6.5-30
6.6- )
6.6-2
6.6-3
6.6-4
6.6-5
6.6-6
6.6-7
6.6-8
Ch.6.7
6.8-1-6.8-15
6.8-16
6.8-17
6.8-18
6.8-19
6.8-20
6.8-21
6.8-22
6.8-23
6.8-24
6.8-25
6.8-26
6.8-27
6.8-28
6.8-29
6.8-30
6.8-3 1
6.8-32
6.8-33
6.8-34
6.8-35
6.8-36
7-1
8-1-8-15
8-16
8-17
8-18
8-19
8-20
8-2 )
Ordinance
History
Ord. 20-1984 ~ )
Ord. 20-1984 ~ 1
Ord. 20-1984 ~ 1
Ord. 20-1984 ~ 1 ~ Ord. 41-1986 ~ 2
Ord. 20-1984 ~ 1
Ord. 38-1987 ~ 1 ~ Ord. 19-1988 ~ 1: Ord. 3-1989 ~ 2~ Ord. 40-1992
~ 2~ Ord. 26-1993 ~ 1 ~ Ord. 0 15-2002 ~ 1
Ord. 29-1992 ~ 1
Ord. 25-1999 ~~ 1-7
Ord. 9-1989 ~ 1
Ord. 9-) 989 ~ 2
Ord. 9-1989 ~ 3
Ord. 9-1989 ~ 4
Ord. 9-1989 ~ 5
Ord. 9-1989 ~ 6
Ord. 9-1989 ~ 7
Ord. 9-1989 ~ 8
Ord. 9-1989 ~ 9
Ord. 9-1989 ~ 10
Ord. 9-1989 ~ 11
Ord. 9-1989 ~ 12
Ord. 9-1989 ~ 13
Ord. 9-1989 ~ 14
Ord. 9-) 989 ~ 15
Ord. 9-1989 S 16
Ord. 9-1989 ~ 17
Ord. 9-1989 ~ 18
Ord. 9-1989 ~ 19
Ord. 9-1989 ~ 20
Ord. 9-1989 S 21
Ord. 6-1975 ~S 1--4
Ord. I 9-1980 ~ 1
Ord. 19-1980 S 1 ~ Ord. 22-1985 S 1
Ord. 19-1980 ~ 1
Ord. I 9-1980 ~ 1 ~ Ord. 16-1983 S 1
Ord. I 9-1980 ~ 1: Ord. 11-1983 S 1 ~ Ord. 32-1983 S 3 ~ Ord. 50-1988
~ 1
Ord. 19-1980 ~ I
T-12
Herein
Reserved
2.20.010
2.20.020
2.20.030
2.20.040
2.20.050
2.20.060
8.20.0] 0-
8.20.080
2.20.070
Reserved
Reserved
5.12.010
5.12.020
5.12.030
5.12.040
5.12.050
5.12.060
5.12.070
5.12.080
5.12.090
5.12.100
5.12.110
5.12.120
5.12.130
5.12.140
5.12.150
5. 12. 1 60
5.12.170
5.12.180
5.12.190
5.12.200
5.12.210
5.16.020
Reserved
Repealed by
22-2004
Repealed by
22-2004
Repealed by
22-2004
Repealed by
22-2004
Repealed by
22-2004
Repealed by
22-2004
CROSS-REFERENCE TABLE
Prior Ordinance
Code ~ History Herein
8-22 Ord. ] 9-1980 S 1 Repealed by
22-2004
8-23 Ord. 19-1980 S ]; Ord. 22-1985 S 2 Repealed by
22-2004
8-24 Ord. 19-1980 S 1 Repealed by
22-2004
8-25 Ord. 19-] 980 S 1 Repealed by
22-2004
8-26 Ord. ] 9-1980 S 1 Repealed by
22-2004
8-27 Ord. 19-1980 S 1; Ord. 22-1985 S 3 Repealed by
22-2004
8-28 Ord. 19-1980 S 1 Repealed by
22-2004
8-29 Ord. 19-1980 S 1 Repealed by
22-2004
8-30 Ord. 19-1980 S 1; Ord. 14-2001 S 1 Repealed by
22-2004
8-3 ] Ord. 19-1980 S 1 Repealed by
22-2004
8-32 Ord. 19-1980 S 1 Repealed by
22-2004
8-33 Ord. 19-1980 S 1; Ord. 7-1982 S I; Ord. 7-1984 S 1 Repealed by
22-2004
8-34 Ord. 19-1980 S 1 Repealed by
22-2004
8-35 Ord. 19-1980 S 1 Repealed by
22-2004
8-36 Ord. 19-1980 S 1 Repealed by
22-2004
8-37 Ord. 19-1980 S 1 Repealed by
22-2004
8-38 Ord. 19- J 980 S 1 Repealed by
22-2004
8-39 Ord. 6-1984 S 2 Repealed by
22-2004
8-40 Ord. 22-1985 S 4 Repealed by
22-2004
8-41 Ord. 22-1985 S 5 Repealed by
22-2004
8-42 Ord. 22-1985 S 6 Repealed by
22-2004
8-43 Ord. 21-1980 S 1 14.28.010
8-44 Ord. 2 1-1 980 S 1 14.28.020
8-45 Ord. 21-1 980 S 1 14.28.030
8-46 Ord. 21-1980 S 1 14.28.040
8-47 Ord. 2 1-1980 S 1 14.28.050
8-48 Ord. 21-1980 S 1 14.28.060
8-49 Ord. 21-1980 S 1 14.28.070
T-13
TABLES
Prior
Code ~
8-50
8-51
8-52
8-53
8-54
8-55
8-56
8-57
8-58
8-59
8-60
8-61-8-70
8-71
8-72
8-73
8-74
8-75-8-79
8-80
8-81
8-82
8-83
8-84
8-85
8-86
8-87
8-88
8-89-8-93
8-94
8-95
8-96
8-97
8-98
8-99
8-1 00
8-1 0 1
8-102
8-103
8-104
8-105
8-106
8- 1 07
8-108-8-110
8-1 1 1
8-112
8-113
9-1-9-15
9. L 9.2
Ordinance
History
Ord. 21-1980 ~ 1
Ord. 21-1980 ~ 1
Ord. 21-1980 ~ 1
Ord. 21-1980 S 1
Ord. 2 1-1980 ~ I
Ord. 2 1- ] 980 S I
Ord. 2 1-1980 ~ 1
Ord. 2 ] -1980 ~ 1
Ord. 2 1- ] 980 ~ 1
Ord. 2 1- ] 980 ~ ]
Ord. 2 ] -1980 ~ I
Ord. 33-1989 ~ ]
Ord. 33-] 989 ~ 2~ Ord. 33-1990 ~ 3.A~ B~ Ord. 22-] 991 ~~ ] ~ 2~ Ord.
35-2000 ~ I
Ord. 33-1989 ~ 3
Ord. 33-1989 S 4
Ord. 33-1989 9 5
Ord. 33-1989 S 6
Ord. 33-1989 ~ 7~ Ord. 15-1994 ~ I ~ Ord. 35-2000 ~~ 2-4~ Ord.
4-200 I ~ ]
Ord. 33-1989 ~ 8
Ord. 33-1989 ~ 9~ Ord. 25-1992 ~ ]
Ord. 33-] 989 S 1 O~ Ord. 35-2000 ~ 5
Ord. 33-1989 9 11 ~ Ord. 35-2000 ~ 6
Ord. 33-1989 S 12
Ord. 33-1989 ~ 13
Ord. 33-1989 S 14
Ord. 33 -1 9 89 ~ 15
Ord. 33 -I 989 ~ 16
Ord. 33-1989 9 17
Ord. 33-1989 ~ 18
Ord. 33-1989 ~ 19
Ord. 33-1989 ~ 20
Ord. 33-1989 ~ 21
Ord. 33-1989 ~ 22
Ord. 33-1989 ~ 23
Ord. 33-1989 S 24
Ord. 33-1989 9 25
Ord. 33-1989 S 26
Ord. 33-1989 ~ 27
Ord. 14-1994 S 1
Ord. 14-1994 ~ 2
Ord. 14-1994 ~ 3
T-14
Herein
14.28.080
14.28.090
14.28. 100
14.28.110
14.28.120
14.28.130
14.28.140
14.28.150
14.28.160
14.28.170
14.28.180
Reserved
14.32.0 10
14.32.020
14.32.030
14.32.040
Reserved
14.32.050
14.32.060
14.32.070
14.32.080
14.32.090
14.32.100
14.32.110
] 4.32.120
] 4.32.130
Reserved
14.32.140
14.32.150
14.32.160
14.32. ] 70
14.32.180
14.32.190
14.32.200
14.32.210
14.32.220
14.32.230
14.32.240
14.32.250
] 4.32.260
14.32.270
Reserved
8.28.010
8.28.020
8.28.030
Reserved
Reserved
Prio r
Code ~
9.3-1
9.3-2
9.3-3
9.3-4
9.3-5
9.3 -6
9.3-7
9.3-8
9.3-9
9.3-10
9.3-11
9.3-] 2
9.3-] 3
9.3-14
9.4
9.5- ]
9.5-2
9.5-3
9.5-4
9.5-5-9.5-20
9.5-2 ]
9.5-22
9.5-23
9.5-24
9.5-25
9.5-26
9.5-27
9.5-28
9.5-29-
9.5-40
9.5-4 ]
9.5 -42
9.5 -43
9.5-44
9.5 -4 5
CROSS-REFERENCE TABLE
Ordinance
History
Ord. 3 ] - ] 986 S ]
Ord. 3 J - ] 986 S 2
Ord. 3 I-I 986 S 3
Ord. 31-] 986 S 4; Ord. 4] -] 987 S 2
Ord. 3 ] -1986 S 5
Ord. 3] -1986 S 6
Ord. 31-] 986 S 7; Ord. 53-1987 S ]; Ord. 16-1988 ~ I
Ord. 3 1- ] 986 S 8
Ord. 3 ] -1986 S 9
Ord. 3 1-1986 S 10
Ord. 3 1- ] 986 S 11
Ord. 3 ] - J 986 S ] 2
Ord. 3 1-1986 S 13; Ord. 48-1987 S 1
Ord. 3 1- ] 986 S 14
Ord. 33-1986 S ]-101
Ord. 33-1986 S 1-102; Amends. 1 ~ 2; Ord. 4-] 997 ~ 24~ 2-3-97
Ord. 33-1986 S 2-101; Ord. 39-1989 S I
Ord. 19-] 981 S I(PD90-L)~ (TI-l); Ord. 33-1986 ~ 3-] 0 I; Ord. 40-1987
S~ 5~ 6~ 8-] I~ 14~ 15~ 18~ ]9~ 56~ ]03~ ]40; Ord. 15-1989 ~ 2(2); Ord.
19-1989 S I(PD3)~ (PD7)-(PD9)-(PDJ IA)~ (PDI3)~ (POI5)~
(PO 16)~ (PD 16A)~ (PO 18C)~ (PO] 9)~ (PO 19 A)~ (P022)~ (P024)~
(P090C)-(PD90K)~ (P090M)~ (PD90P)-(P090T)~ (PDI20A(I))~
(STMI)~ (STM2)~ (STM4)-(STM32)~ (STM34HSTM64)~ (TA2)-
(T A8)~ (TC I)~ (TO])~ (TM 1 )-(TM3)~ (TR I )~ (TV]); Ord. 21- ] 989
~ I (PD I 93N(a)); Amend. of ] -2-96; Ord. 19-1990 S 1(PD5)~ (P090B)~
(TAl); Ord. 7-1992 S I; Ord. 4-1997 S 2; Ord. 36-1997 S I; Ord.
47-1999 S 2; Ord. 12-2000 ~ 1; Ord. 44-2000 S I; Ord. 47-2000 ~ 1;
Ord. 53-2000~ S I; Ord. 003-2002 S 1
Ord. 33-1986 S 4-101; Ord. 39-1989 S 2; Ord. 19-1993 S I
Ord. 33-1986 S 4-] 02; Ord. 19-1989 S 1 (P027); Ord. 39-1989 S 3; Ord.
46-1996 S 1 ~ 8-12-96
Ord. 33-] 986 S 4-104; Ord. 40-1987 S~ 22~ 23~ 25~ 27; Ord. 51-1988
S I; Ord. 21-1989 ~ I (P029N)
Ord. 33-1986 S 4-105
Ord. 33-1986 S 4-106
Ord. 33-1986 S 4-107
Ord. 33-1986 S 4-108
Ord. 33-1986 S 5-101
Ord. 33-1986 S 5-102
Ord. 33-1986 S 5-] 03; Ord. 21- J 989 S I (PD29N)
Ord. 33-1986 9 5-104; Ord. 19-1989 9 1 (PD29)
Ord. 33-1986 S 5-105; Ord. 40-1987 S 148; Ord. 19-] 989 S I (PD30)~
(P032)~ (P033)~ (PD 143A)
T-15
Herein
9.88.010
9.88.020
9.88.030
9.88.040
9.88.050
9.88.060
9.88.070
9.88.080
9.88.090
9.88.100
9.88.1]0
Repealed by
022-2004
9.88.120
9.88.]30
Reserved
9.02.0]0
9.02.020
9.02.030
9.02.040
Reserved
9.04.0 1 0
9.06.0 I 0-
9.06.080
Reserved
9.08.010-
9.08.080
9.04.020
9.04.030
9.04.040
9.04.050
Reserved
9.10.010
9.] 0.020
9.10.030
9.10.040
9.10.050
TABLES
Prior
Code ~
9.5-46
9.5 -47
9.5 -4 8
9.5 -49
9.5-50-
9.5-54
9.5-55
9.5-56-
9.5-60
9.5-61
9.5-62
9.5-63
9.5-64
9.5-65
9.5-66
9.5-67
9.5 -6 8
9.5-69
9.5-70
9.5-71
9.5-72
9.5-73
9.5-74
9.5-75
9.5-76-
9.5-80
9.5-81
9.5-82
9.5-83
9.5-84
9.5-85
9.5-86
9.5-87
9.5-88
9.5-89
9.5-90
9.5-91
9.5-92
9.5-93
9.5-94
9.5-95-
9.5- 1 00
9.5-101
Ordinance
History
Ord. 33-1986 ~ 5-1 06~ Ord. 19-1989 S 1 (PD34)~ Ord. 19-1993 ~ 2
Ord. 33-1986 ~ 5-1 07~ Ord. 39-1989 S 4
Ord. 33-1986 ~ 5-108
Ord. 33-1986 ~ 5-109
Ord. 33-1986 ~ 5-20 1 ~ Ord. 40-1987 ~ 167~ Ord. 19-1989 ~ 1 (PD36)~
Alnend. of 1-2-96
Ord. 33-1986 ~ 5-301
Ord. 33-1986 ~ 5-302
Ord. 33-1986 ~ 5-303 ~ Ord. 19-1989 S 1 (PD38)
Ord. 33-1986 ~ 5-304~ Ord. 19-1989 ~ 1 (PD39)
Ord. 33-1986 S 5-305~ Ord. 40-1987 S 32~ Ord. 19-1989 S I(PD40)
Ord. 33-1986 S 5-306
Ord. 33-1986 ~ 5-307
Ord. 33-1986 S 5-308~ Ord. 19-1989 S 1 (PD41), (PD42)~ Ord. 21-1989
~ ] (PD34N)
Ord. 33-1986 ~ 5-309~ Ord. 40-] 987 S 35~ Ord. 19-1989 S 1 (PD43),
(PD43A)~ Ord. ] 9-1993 S 3
Ord. 33-1986 S 5-31 O~ Ord. 19-1989 ~ 1 (PD45), (PD4 7)~ Ord. 19-1993
~ ~ 4, 5
Ord. 33-1986 ~ 5-311 ~ Ord. 40-1987 ~ 36~ Ord. 19-1989 S 1 (PD48A)~
Ord. 19-1993 S 6
Ord. 33-1986 S 5-312~ Ord. 40-1987 S 3 7 A~ Ord. 19-1989 ~ ] (PD49),
(PD50)~ Ord. ] 9-1993 S~ 7-9
Ord. 33-1986 ~ 5-313~ Ord. ]9-1993 S 10
Ord. 40-1987 ~ 37B
Ord. 19-1993 ~ 11
Ord. 33-] 986 ~ 5-401
Ord. 33-1986 ~ 5-402~ Ord. 40-1987 ~ 41 ~ Amend. of 1-2-96
Ord. 33-1986 S 5-403
Ord. 33-] 986 S 5-404
Ord. 33-1986 ~ 5-405
Ord. 33-1986 S 5-406
Ord. 33-1986 ~ 5-407
Ord. 33-1986 ~ 5-408
Ord. 33-1986 ~ 5-409
Ord. 33-1986 ~ 5-410
Ord. 33-1986 ~ 5-411
Ord. 33-1986 S 5-412
Ord. 33-1986 ~ 5-413
Ord. 33-1986 ~ 5-414
Ord. 5-1994 ~ 1
T-16
Herein
9.10.060
9.10.070
9.10.080
9.10.090
Reserved
9.12.010-
9.12.040
Reserved
9.14.010
9.14.020
9.14.030
9.]4.040
9.14.050
9.14.060
9.14.070
9.14.080
9.14.090
9. 14. 1 00
9.14.110
9.]4.120
9.14.130
9.14.140
9.14.150
Reserved
9.16.010
9.16.020
9.16.030
9.16.040
9.16.050
9.16.060
9.16.070
9.16.080
9.]6.090
9.16.100
9.16.110
9.16.120
9.16.130
9.16.140
Reserved
9.18.010
Prio r
Code ~
9.5-102
9.5-103--
9.5-110
9.5-111
9.5-112
9.5-113
9.5-114
9.5-115---
9.5-1 18
9.5-119
9.5-120
9.5-120.1
9.5-120.2
9.5-120.3
9.5-120.4
9.5-120.5
9.5-120.6
9.5-121
9.5-122
9.5-122.1
9.5-122.2
9.5-122.3
9.5-123
9.5-124
9.5-124.1
9.5-124.2
9.5-124.3
9.5-124.4
9.5-124.5
9.5-124.6
9.5-124.7
9.5-124.8
9.5-124.9
9.5-125--
9.5-140
9.5-141
9.5-142
9.5-143
9.5-144
9.5-145
9.5-146
9.5-147
9.5-148--
9.5-160
9.5-161
9.5-162--
9.5-170
9.5-171
9.5-172
Ordinance
History
Ord. 5-1994 ~ 1
Ord. 40-1987 S 45; Alnend. of 1-2-96
Ord. 47-1999 ~ 3
Ord. 47-1999 ~ 3
Ord. 47-1999 ~ 3
Ord. 47-1999 S 3
Ord. 47-1999 S 3; Ord. 34-2000 S 1
Ord. 47-1999 S 3; Ord. 001-2002 ~ 1
Ord. 47-1999 ~ 3~ Ord. 12-2000 ~ 2
Ord. 47-1999 S 3
Ord. 47-] 999 S 3
Ord.12-2000s3~Ord.6-200] S]
Ord. 47-1999 S 3
Ord. 032-200 1 ~ 1
Ord. 032-200 I ~ ]
Ord. 032-200 1 ~ ]
Ord. 032-200 1 ~ 1
Ord. 032-2001 S 1
Ord. 032-200] ~ I
Ord. 032-200] S ]
Ord. 032-2001 S ]
Ord. 032-200 I S 1
Ord. 032-200 1 S 1
Ord. 33-1986 ~ 7-101
Ord. 33-1986 S 7-1 02~ Ord. 40-1987 S 46
Ord. 33-1986 S 7-103; Ord. 4-1997 ~S 25, 26, 2-3-97
Ord. 33-1986 S 7-104; Ord. 40-1987 ~ 47~ Ord. 22-1999 S 3
Ord. 33-1986 ~ 7-105
Ord. 33-1986 ~ 7-106; Ord. 40-1988 S 48
Ord. 33-] 986 S 7-107
Ord. 33-1986 S 8-101
Ord. 33-1986 S 8-201; Ord. 21-] 998 S 2, 6-] 0-98
Ord. 33-1986 S 8-202~ Ord. 2] -1998 ~ 3, 6-] 0-98
T-17
CROSS-REFERENCE TABLE
Herein
9.]8.020
Reserved
9.20.010
9.20.020
9.20.030
9.20.040
Reserved
9.20.050
9.22.0 I 0, 9.22.020
9.22.030
9.22.040
9.22.050
9.22.060
9.22.070
9.22.080
Reserved
9.22.090
9.22.100
9.22.110
9.22.120
9.22.130
9.24.010, 9.24.020
9.24.030
9.24.040
9.24.050
9.24.060
9.24.070
9.24.080
9.24.090
9.24.100
9.24.110
Reserved
9.26.010
9.26.020
9.26.030
9.26.040
9.26.050
9.26.060
9.26.070
Reserved
9.28.010
Reserved
9.28.020
9.28.030
TABLES
Prior
Code ~
9.5-1 73
9.5-174
9.5-] 75-
9.5-180
9.5-181
9.5-]82
9.5-183
9.5- I 84
9.5-185-
9.5-200
9.5-20 I
9.5-202
9.5-203
9.5-204
9.5-205
9.5-205.1
9.5-206
9.5-207
9.5-208
9.5-209
9.5-210
9.5-211
9.5-212
9.5-213
9.5-214
9.5-215
9.5-216
9.5-217
9.5-218
9.5-219
9.5-220
9.5-221
9.5-222
9.5-223
9.5-224
9.5-225
9.5-226
9.5-227-
9.5-230
9.5-23 1
9.5-232
9.5-233
Ordinance
History
Ord. 2 1-1998 ~ 4~ 6-10-98
Ord. 21-1998 ~ 5~ 6-10-98
Ord. 33-1986 ~ 8-301
Ord. 33-1986 ~ 8-302~ Ord. 21-1998 ~ 6~ 6-] 0-98
Ord. 33-1986 ~ 8-303~ Ord. 2] -1998 ~ 7~ 6-10-98
Ord. 33-1986 ~ 8-304~ Ord. 4-1997 9 27~ 2-3-97~ Ord. 2]-1998 ~ 8~
6-10-98
Ord. 33-1986 S 9-101
Ord. 33-1986 ~ 9-102
Ord. 33-1986 ~ 9-103
Ord. 33-1986 ~ 9-1 04~ Ord. 4-1997 S 3~ 2-3-97
Ord. 33-1986 S 9-105
Ord. 19-1989 S 1 (PD59)
Ord. 33-] 986 S 9-106
Ord. 33-1986 ~ 9-] 07
Ord. 33-1986 9 9-] 08
Ord. 33-1986 ~ 9-] 09
Ord. 33-]986 S 9-110
Ord. 33-1986 ~ 9-111
Ord. 33-1986 ~ 9-112~ Ord. 40-1987 9 54
Ord. 33-1986 S 9-113
Ord. 33-1986 ~ 9-114
Ord. 33-1986 9 9-115
Ord. 33-1986 S 9-116
Ord. 33-1986 S 9-117
Ord. 33-1986 S 9-1 ] 8
Ord. 33-1986 ~ 9-] 19
Ord. 33-1986 ~ 9-120
Ord. 33-1986 ~ 9-121
Ord. 33-1986 ~ 9-122
Ord. 33-1986 S 9-123
Ord. 33-1986 ~ 9-124
Ord. 33-1986 ~ 9-125
Ord. 33-1986 S 9-126
Amend. of 1-2-96
Ord. 33-1986 ~ 9-202~ Ord. 19-1989 S 1 (PD66A): Ord. 4-1997 9 4~
Ord. 28-1999 S 2~ Ord. 27-2001 S 2: Ord. 33-2001 S 3~ Ord. 003-2002
~ 1 ~ Ord. 0 18-2002 ~ 1
Ord. 33-1986 S 9-203~ Ord. 40-1987 S 56~ Ord. 19-1989 9 I(PD66B)~
Ord. 4-1997 ~ 5~ Ord. 28-1999 S 2~ Ord. 53-2000 S 2~ Ord. 27-2001
9 2~ Ord. 33-200 1 ~ 3 ~ Ord. 018-2002 S 2
T-18
Herein
9.28.040
9.28.050
Reserved
9.30.0 1 O~ 9.30.020
9.30.030
9.30.040
9.30.050
Reserved
9.32.010
9.32.020
9.32.030
9.32.040
9.32.050
9.32.060
9.32.070
9.32.080
9.32.090
9.32.100
9.32.110
9.32.120
9.32.130
9.32.140
9.32.150
9.32.160
9.32.170
9.32.180
9.32.190
9.32.200
9.32.210
9.32.220
9.32.230
9.32.240
9.32.250
9.32.260
9.32.270
Reserved
9.34.010
9.34.020
9.34.030
Prio r
Code ~
9.5-234
9.5-235
9.5-235.1
9.5-236
9.5-237
9.5-238
9.5-239
9.5-240
9.5-241
9.5-242
9.5-242.5
9.5-243
9.5-244
9.5-245
9.5-246
9.5-247
9.5-248
9.5-249
9.5-250
CROSS-REFERENCE TABLE
Ordinance
History Herein
Ord. 33-1986 S 9-204~ Ord. 40-1987 ~~ 56~ 57~ Ord. J 9-] 989
~ 1 (PD66C)~ Ord. 4-1997 ~ 6~ Ord. 28-] 999 ~ 2~ Ord. 53-2000 ~ 3 ~
Ord. 27-200] ~ 2~ Ord. 33-2001 S 3~ Ord. 018-2002 S 3 9.34.040
Ord. 33-1986 S 9-205~ Ord. 40-1987 S 58~ Ord. 19-1989 ~ 1 (PD66D)~
Ord. 4-1997 S 7~ Ord. 28-1999 ~ 2~ Ord. 53-2000 ~ 4~ Ord. 27-2001
~ 2~ Ord. 33-2001 S 3~ Ord. 003-2002 S 1 ~ Ord. 0] 8-2002 9 4 9.34.050
Ord. ] 9-] 989 ~ 1 (PD69)~ Ord. 4-1997 ~ 8~ Ord. 28-] 999 ~ 2~ Ord.
53-2000 S 5~ Ord. 27-2001 9 2~ Ord. 33-2001 S 3~ Ord. 018-2002 S 5 9.34.060
Ord. 33-1986 S 9-206~ Ord. 40-1987 ~ 56~ Ord. 19-1989 9 I(PD66E)~
(PD72)-(PD75)~ Ord. 21-1989 S I (PD59N)~ Ord. 4-1997 S 9~ Ord.
28-1999 S 2~ Ord. 53-2000 S 6~ Ord. 27-2001 ~ 2~ Ord. 33-2001 S 3:
Ord. 0] 8-2002 S 6 9.34.070
Ord. 33-1986 S 9-207~ Ord. 40-1987 S 56~ Ord. 4-1997 S I O~ Ord.
28-1999 9 2~ Ord. 53-2000 9 7~ Ord. 27-2001 S 2~ Ord. 33-2001 9 3~
Ord. 0] 8-2002 ~ 7 9.34.080
Ord. 33-1986 ~ 9-208~ Ord. 40-1987 ~ 56~ Ord. 19-] 989 9 ] (PD66F)~
(P077 A)~ (PD79)~ Ord. 4-1997 S 11 ~ Ord. 28-1999 ~ 2: Ord. 53-2000
~ 8: Ord. 27-200 1 ~ 2: Ord. 33-200] ~ 3~ Ord. 0 18-2002 ~ 8 9.34.090
Ord. 33-1986 S 9-209~ Ord. 40-1987 S~ 56~ 61: Ord. 19-] 989
~ 1 (P081): Ord. 4-1997 9 12~ Ord. 28-1999 S 2: Ord. 27-2001 S 2: Ord.
33-2001 S 3: Ord. 018-2002 S 9 9.34.100
Ord. 33-1986 ~ 9-210: Ord. 40-1987 S 56: Ord. 4-1997 9 13: Ord.
27-2001 S 2: Ord. 33-2001 S 3 9.34.110
Ord. 33-1986 S 9-211: Ord. 40-1987 S 56~ Ord. 4-1997 9 14: Ord.
44-2000 9 2: Ord. 33-200] S 3 9.34.120
Ord. 33-1986 S 9-212: Ord. 40-1987 S 56: Ord. 19-1989 S 1 (P066J)~
(P084)~ (PD86): Ord. 21-1989 S I(PD62N): Ord. 4-1997 ~ 15: Ord.
28-1999 9 2: Ord. 53-2000 ~ 9: Ord. 27-200 1 ~ 2: Ord. 33-200 I S 3:
Ord. 018-2002 S 10:0rd.019-2002 S 1 9.34.130
Ord. 4-1997 ~ 16: Ord. 44-2000 S 3 9.34.] 40
Ord. 33-1986 S 9-213: Ord. 4-1997 S 17: Ord. 28-1999 S 2~ Ord.
27-200 I S 2: Ord. 33-2001 S 3~ Ord. 018-2002 S 11 9.34.150
Ord. 33-1986 S 9-2] 4: Ord. 40-1987 S 63: Ord. 19-1989 S I (PD66K):
Ord. 4-1997 S 18: Ord. 28-] 999 S 2: Ord. 27-2001 S 2: Ord. 33-200 I
S 3~ Ord. 0 18-2002 ~ 12 9.34.160
Ord. 33-1986 S 9-215: Ord. 40-1987 S 191: Ord. 28-1999 S 2: Ord.
27-2001 S 2: Ord. 33-200] S 3 9.34.170
Ord. 33-1986~ Ord. 28-1999 S 2: Ord. 27-200 I S 2: Ord. 33-200 I S 3:
Ord. 018-2002 S 13 9.34.180
Ord. 26-1995 S ]: Ord. 28-1999 S 2: Ord. 41 A-1999 S 2: Ord. 53-2000
S 10: Ord. 33-2001 S 3 ~ Ord. 014-2002 S I 9.34.190
Ord. 33-1986 S 9-2] 8: Ord. 40-1987 S 56~ Ord. 19-1989 S 1 (PD66L)~
(PD89): Ord. 4-1997 S 20: Ord. 28-1999 9 2: Ord. 53-2000 S 11: Ord.
27-2001 s2:0rd.33-2001 s3:0rd.003-2002S 1:0rd.018-2002 S]4 9.34.200
Ord. 33-1986 S 9-219: Ord. 21-1989 S 1 (64N)~ Ord. 28-1999 S 2: Ord.
47-2000 S 2: Ord. 27-2001 S 2: Ord. 33-2001 S 3: Ord. 003-2002 S 1 9.34.210
()rd. 33- I 986 ~ 9-220: Ord. 19- I 989 S I (PD90): Ord. 4- I 997 ~ 2 I: Ord.
28-] 999 S 2: Ord. 27-200 I S 2~ Ord. 33-2001 S 3: Ord. 003-2002 S I 9.32.220
T-19
TABLES
Prior
Code ~
9.5-251
9.5-252
9.5-253
9.5-254
9.5-255
9.5-256
9.5-257.1
9.5-257.2
9.5-257.3
9.5-257.4
9.5-257.5
9.5-258
9.5-259
9.5-260
9.5-261
9.5-262
9.5-263
9.5-264
9.5-265
9.5-266
9.5-267
9.5-268
9.5-269
9.5-270
9.5-271-
9.5-280
9.5-281
9.5-282
9.5-283
9.5-284
9.5-285
9.5-286
9.5-287
9.5-288-
9.5-290
9.5-291
9.5-292
9.5-293
9.5-293.1
9.5-294
9.5-295
9.5-296
Ordinance
History
Ord. 33-1986 ~ 9-221 ~ Ord. 28-1999 S 2~ Ord. 27-2001 S 2~ Ord.
33-2001 S 3: Ord. 018-2002 S 15
Ord. 33-1986 S 9-222~ Ord. 19-1989 S I (P090A)~ Ord. 28-1999 S 2~
Ord. 47-2000 S 3~ Ord. 33-2001 S 3: Ord. 018-2002 S 16
Ord. 33-1986 S 9-223~ Ord. 28-1999 S 2~ Ord. 27-200 I S 2~ Ord.
33-2001 S 3~ Ord. 018-2002 * 17
Ord. 33-1986 S 9-224: Ord. 33-2001 S 3
Ord. 33-1986 S 9-225: Ord. 40-1987 S 8: Ord. 4-1997 S 19
Ord. 33-1986 S 9-226
Ord. 27-2001 S 1
Ord. 27-2001 S 1
Ord. 27-200 I S 1
Ord. 27-200 I S 1
Ord.27-2001 S 1
Ord. 43-2001 S I
Ord. 33-1986 S 9-301: Ord. 40-1987 S 146
Ord. 33-1986 S 9-302: Ord. 26-1995 S 1
Ord. 33-1986 S 9-303
Ord. 33-1986 S 9-304: Ord. 40-1987 S 68
Ord. 33-1986 S 9-305~ Ord. 40-1987 ~ 70
Ord. 33-1986 S 9-306: Ord. 40-1987 SS 5~ 73: Ord. 6-2001 S 2: Ord.
003-2002 S 1: Ord. 013-2002 S S 1 ~ 2
Ord. 33-1986 S 9-307 ~ Ord. 19-1989 S 1 (PO I 06)
Ord. 33-1986 S 9-308
Ord. 33-1986 S 9-309: Ord. 40-1987 S 77: Ord. 19-1989 (PD I 08)
Ord. 33-1986 S 9-401: Ord. 40-1987 SS 78~ 80: Ord. 19-1989
S I (PO Ill): Amend. of 1-2-96: Ord. 25-200] S I
Ord. 33-1986 S 9-403
Ord. 33-1986 S 9-404~ Ord. 003-2002 S I
Ord. 33-] 986 S 9-405: Ord. 024-2002 S I
Ord. 40-] 987 S 84
Ord. 33-1986 S 9-501
Ord. 33-1986 S 9-502: Ord. 40-1987 S 86: Ord. 19-1989 S I (PD] 17)~
(PO 119)~ Ord. 6-1990 S 2: Ord. 7-1992 S 1
Ord. 33-1986 S 9-503: Ord. 30-] 992 S 1
Ord. 33-1986 S 9-503: Ord. 40-1987 S 157
Ord. 33-1986 S 9-504
Ord. 33-1986 S 9-505
Ord. 33-1986 S 9-506~ Ord. 40-1987 SS 88~ 89
T-20
Herein
9.34.230
9.34.240
9.34.250
9.34.260
9.34.270
9.34.280
9.34.290
9.34.300
9.34.310
9.34.320
9.34.330
9.34.340
9.36.010-
9.36.080
Reserved
9.38.010
9.38.020
9.38.030
9.38.040
9.38.050
9.38.060
9.38.070
9.38.080
9.38.090
9.38.100
Reserved
9.40.010
9.40.020
9.40.030
9.40.040
9.40.050
Reserved
9.40.060
Reserved
9.42.0 10
9.42.020
9.42.030
9.42.040
9.42.050
9.42.060
9.42.070
Prio r
Code ~
9.5-297
9.5-298
9.5-299
9.5-300
9.5-301
9.5-302
9.5-303
9.5-304
9.5-305
9.5-306
9.5-307
9.5-308
9.5-309
9.5-310--
9.5-314
9.5-315
9.5-316.1
9.5-316.2
9.5-317
9.5-318
9.5-319
9.5-320--
9.5-324
9.5-325
9.5-326
9.5-327
9.5-328--
9.5-334
9.5-335
9.5-336
9.5-337
9.5-338
9.5-339
9.5-339. ]1
9.5-339.2
9.5-339.3
9.5-340
9.5-341
9.5-342
9.5-343
9.5-344
9.5-345
9.5-346
9.5-347
9.5-348
9.5-349
Ordinance
History
Ord. 33-1986 ~ 9-507~ Ord. 40-1987 ~ 90
Ord. 33-1986 ~ 9-508~ Ord. 40-1987 ~ 91
Ord. 33-1986 ~ 9-509~ Ord. 40-1987 ~ 92
Ord. 33-1986 ~ 9-510
Ord. 33-1986 ~ 9-511 ~ Ord. 40-1988 ~ 42
Ord. 33-1986 ~ 9-512~ Ord. 40-1987 ~ 93
Ord. 33-1986 ~ 9-513
Ord. 33-1986 ~ 9-514~ Ord. 40-1987 S 94
Ord. 33-] 986 ~ 9-515
Ord. 33-1986 ~ 9-516
Ord. 33-1986 ~ 9-517~ Ord. 40-1987 ~ 95
Ord. 33-1986 ~ 9-5] 8
Ord. 19-] 989 ~ 1 (PO 123)~ Amend. of 1-2-96~ Ord. 20-200 1 ~ 1 ~ Ord.
002-2002 ~ 1
Ord. 33-] 986 ~ 9-60 1 ~ Ord. 14-1988 S 2( I)~ Ord. 15-1989 S 2( I)~ Ord.
39-2000 ~ 3
Ord. 39-2000 ~ 4
Ord. 39-2000 ~ 4
Ord. 33-1986 ~ 9-603~ Ord. 14-1988 S 2(3)~ Ord. 15-1989 S 2(3)~ Ord.
15-1990 ~ 2~ Ord. 2-1994 ~ 1 ~ Ord. 39-2000 ~ 5
Ord. 39-2000 ~ 6
Ord. 33-] 986 S 9-701
Ord. 33-1986 ~ 9-702
Ord. 33-1986 ~ 9-703 ~ Ord. 40-1987 ~ 97
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 ~ 1 (Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 ~ 1 (Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 9 I(Exh. A)
Ord. 007-2002 ~ l(Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 9 I(Exh. A)
Ord. 007-2002 ~ I(Exh. A)
Ord. 007-2002 9 ] (Exh. A)
Ord. 007-2002 9 1 (Exh. A)
Ord. 007-2002 9 1 (Exh. A)
Ord. 007-2002 ~ ] (Exh. A)
Ord. 007-2002 ~ 1 (Exh. A)
Ord. 007-2002 9 l(Exh. A)
T-21
CROSS-REFERENCE TABLE
Herein
9.42.080
9.42.090
9.42.]00
9.42.110
9.42.120
9.42.130
9.42.140
9.42.150
9.42.160
9.42.]70
9.42.180
9.42.]90
9.42.200
Reserved
9.44.010
9.44.020
9.44.030
9.44.040
9.44.050
9.44.060
Reserved
9.46.010
9.46.020
9.46.030
Reserved
9.48.010
9.48.020
9.48.030
9.48.040
9.48.050
9.48.060
9.48.070
9.48.080
9.48.090
9.48.] 00
9.48.110
9.48.120
9.48.130
9.48.140
9.48.150
9.48.160
9.48.170
9.48.180
TABLES
Prior
Code ~
9.5-350
9.5-351
9.5-352
9.5-353
9.5-354
9.5-355
9.5-356-
9.5-360
9.5-361
9.5-362
9.5-363
9.5-364
9.5-365
9.5-366
9.5-367
9.5-368-
9.5-374
9.5-375
9.5-376
9.5-377
9.5-378
9.5-379
9.5-380
9.5-381
9.5-382-
9.5-390
9.5-391
9.5-392
9.5-393
9.5-394
9.5-395
9.5-396-
9.5-400
9.5-401
9.5-402
9.5-403
9.5-404
9.5-405
9.5-406
9.5-407
9.5-408-
9.5-420
9.5-421
9.5-422
9.5-423
9.5-424
Ordinance
History
Ord. 33-1986 ~ 9-90 I ~ Ord. 40-1987 ~~ I 05~ ] 85~ Ord. ] 9-] 989
~ ](PD]30)
Ord. 33-1986 ~ 9-902
Ord. 33-1986 ~ 9-903
Ord. 33-] 986 ~ 9-904~ Ord. 40-1988 ~ ] 06
Ord. 33-1986 ~ 9-100 1 ~ Ord. 40-1987 ~ 107
Ord. 33-1986 ~ 9-] 003
Ord. 33-1986 S 9-] 004
Ord. 33-1986 S 9-1005
Ord. 33-1986 S 9-1 006~ Ord. 40-] 987 ~S I 08~ 110
Ord. 33-1986 ~ 9-1 007~ Ord. 40-1987 ~ ] 09
Ord. 33-1986 ~ 9-110 1 ~ Ord. 21-1989 ~ 1 (PO III N)
Ord. 33-] 986 ~ 9-] 102
Ord. 33-1986 ~ 9-11 03 ~ Ord. 19-1989 S I (PO 13 1)
Ord. 33-1986 S 9-11 04~ Ord. 19-1989 ~ I (PD 132)
Ord. 33-1986 S 9-1105
Ord. 33-]986 S 9-II06~ Ord. 19-1989 ~ I(POI33)
Ord. 33-1986 S 9-1107
Ord. 33-1986 S 9-120 1 ~ Ord. 39-1998 S 1
Ord. 33-1986 S 9-1202~ Ord. 39-1998 ~ I
Ord. 33-1986 ~ 9-1203 ~ Ord. 39-1998 ~ I
Ord. 33-1986 ~ 9-1204~ Ord. 39-1998 ~ 1
Ord. 33-1986 ~ 9-1205 ~ Ord. 40-1987 ~ 112~ Ord. 39-] 998 ~ 1
Ord. 54-1987 ~ 2~ Ord. 1-1994 ~ 1 ~ Ord. 36-1997 S 2~ 9-17-97
Ord. 54-1987 S 3 ~ Ord. 1-] 994 ~ I ~ Ord. 95-402 ~ 3~ 9-17-97
Ord. 54-1987 S 4~ Ord. 19-1989 S 1 (PO 135)~ (PO 135A)~ Ord. 1-1994
~ I ~ Ord. 36-1997 ~ 4~ 9-17-97
Ord. 54-1987 ~ 5~ Ord. 19-1989 S I (PD 134)~ Ord. 1-1994 S I ~ Ord.
36-1997 ~ 5~ 9-17-97~ Ord. 3-1998 S I~ 1-14-98
Ord. 54-1987 ~ 6~ Ord. 1-1994 ~ 1 ~ Ord. 36-1997 ~ 6~ 9-17-97
Ord. 1-1994 ~ I ~ Ord. 36-1997 ~ 7 ~ 9-17-97
Ord. 1-1994 S 1 ~ Ord. 36-1997 ~ 8~ 9-17-97
Ord. 33-1986 S 9-1401
Ord. 33-1986 S 9-1402~ Ord. 40-1987 ~ 173
Ord. 33-1986 S 9-1403
Ord. 33-1986 ~ 9-1404
T-22
Herein
Reserved
9.50.010
9.50.020
9.50.030
9.50.040
9.50.050
Reserved
9.52.010
9.52.020
9.52.030
9.52.040
9.52.050
9.52.060
9.52.070
Reserved
9.54.010
9.54.020
9.54.030
9.54.040
9.54.050
9.54.060
9.54.070
Reserved
9.56.010
9.56.020
9.56.030
9.56.040
9.56.050
Reserved
9.58.010
9.58.020
9.58.030-
9.58.060
9.58.070
9.58.080
9.58.090
9.58.100
Reserved
9.60.010
9.60.020
9.60.030
9.60.040
CROSS-REFERENCE TABLE
Prior Ordinance
Code ~ History Herein
9.5-425 Ord. 33-] 986 ~ 9-] 405 9.60.050
9.5-426 Ord. 33-1986 ~ 9-1406 9.60.060
9.5-427 Ord. 33-] 986 ~ 9-1407~ Ord. 40-1987 ~ 115 9.60.070
9.5-428--
9.5-430 Reserved
9.5-431 Ord. 33-1986 ~ 9-1501 9.62.010
9.5-432 Ord. 33-1986 S 9-1502 9.62.020
9.5-433 Ord. 33-1986 ~ 9-1503 9.62.030
9.5-434 Reserved
9.5-434.1 Ord. 33-2001 S 2 9.64.010
9.5-434.2 Ord. 33-200] S 2 9.64.020
9.5-434.3 Ord. 33-200 I S 2 9.64.030
9.5-434.4 Ord. 33-200 I S 2 9.64.040
9.5-434.5 Ord. 33-200 I S 2 9.64.050
9.5-434.6 Ord. 33-200 I ~ 2 9.64.060
9.5 -4 3 4.7 Ord. 33-200 I S 2 9.64.070
9.5-434.8 Ord. 33-2001 S 2 9.64.080
9.5-435 Ord. 027-2002 S I 9.66.010
9.5-436 Ord. 027-2002 S 1 9.66.020
9.5-437 Ord. 027 -2002 ~ 1 9.66.030
9.5-438 Ord. 027 -2002 ~ 1 9.66.040
9.5-439--
9.5-450 Reserved
9.5-451 Ord. 22-1999 SS I, 2 9.68.010
9.5-452 Ord. 22-1999 S ~ I, 2 9.68.020
9.5-453 Ord. 22-1999 S~ I, 2 9.68.030
9.5-454 Ord. 22-1999 SS I, 2 9.68.040
9.5-455 Ord. 22-1999 S S I, 2 9.68.050
9.5-456 Ord. 22-1999 S S I, 2 9.68.060
9.5-457 Ord. 22-1999 SS I, 2 9.68.070
9.5-458 Ord. 22-1999 SS 1,2 9.68.080
9.5-459 Ord. 22-1999 S S I, 2 9.68.090
9.5-460 Ord. 22-1999 99 I, 2 9.68.100
9.5-461 Ord. 4-1998 S I 9.70.010
9.5-462 Ord. 4-1998 S 2 9.70.020
9.5-463 Ord. 4-1998 S 3 9.70.030
9.5-464 Ord. 4-1998 S 4 9.70.040
9.5-465 Ord. 4-1998 S 5 9.70.050
9.5-466 Ord. 4-1998 96 9.70.060
9.5-467 Ord. 4-1998 S 7 9.70.070
9.5-468--
9.5-470 Reserved
9.5 -4 7 I Ord. 33-1986 S 11-10 I 9.72.010
9.5-472 Ord.33-19869 11-102 9.72.020
9.5-473 Ord. 33-1986 S 11-103 9.72.030
9.5-473. ] Ord. 33-1986 9 11-103A 9.72.040
9.5-474 Ord. 33-] 986 S ] ] -] 04~ Ord. 40-] 987 S 116 9.72.050
9.5-475 Ord. 33-1986 S 1 ] -1 05 9.72.060
9.5 -4 7 6 Ord. 33-1986 ~ 11-106 9.72.070
T-23
TABLES
Prior
Code ~
9.5-477
9.5-478
9.5-479
9.5-480-
9.5-489
9.5-490
9.5-490.1
9.5-490.2
9.5-490.3
9.5-490.4
9.5-490.5
9.5-491
9.5-492
9.5-493
9.5-494
9.5-495
9.5-496
9.5-497-
9.5-510
9.5-511
9.5-512-
9.5-520
9.5-521
9.5-522
9.5-523
9.5-524-
9.5-532
9.5-533
9.5-534
9.5-535
9.5-536
9.5-537
9.5-538
9.5-539
9.5-540
9.5-54 1
9.5-542
I 0-1-1 0-1 9
10-20
10-21
10-22
10-23
Ordinance
History
Ord. 33-1986 S 11-107~ Ord. 40-1987 ~S 119~ 156
Ord. 33-1986 ~ 11-108
Ord. 33-1986 ~ 11-1 09~ Ord. 40-1987 ~ 158
Ord. 33-1992
Ord. 33-1992~ Ord. 4-1997 ~ 28~ 2-3-97
Ord. 33-1992~ Ord. 23-1998 ~ 1 ~ 7-8-98
Ord. 33-1992
Ord. 33-1992
Ord. 33-1992
Ord. 33-1986 ~ 12-101~ Ord. 40-1987 S~ 121A~ 121C~ 121E~ 123~ 124~
Ord. 19-1989 S 1 (PO 144)
Ord. 33-1986 S 12-102~ Ord. 40-1988 SS 121A~ 123~ 124
Ord. 33-1986 S 12-1 03~ Ord. 40-1988 ~S 121 A~ 123~ 124~ Ord. 27-1990
S 1
~
Ord. 33-1986 S 12-104~ Ord. 40-1987 SS 121A~ 123~ 124~ 127
Ord. 33-1986 S 12-105~ Ord. 40-1987 SS 121A~ 123~ 124
Ord. 33-1986 S 13-101~ Ord. 40-1987 SS 147~ 148~ Ord. 19-1989
S I(POI45)~ (POI46)
Ord. 33-1986 S 14-101 ~ Ord. 40-1987 ~ 189~ Ord. 19-1989 S 1 (PO 153)~
(PO 153A)~ (PO 153B)~ Ord. 19-1993 S 15
Ord. 22-1987 S 1
Ord. 40-1988 S 190~ Ord. 19-1993 9 16
Ord. 33-1986 9 15-103
Ord. 4-1997 S 22~ Ord. 030-1999 SS I ~ 2~ Ord. 44-2000 9 4
Ord. 19-1993 S 17
Ord. 19-1993 S 1 7
Ord. 19-1993 9 1 7
Ord. 19-1993 9 1 7
Ord. 19-1993 S 1 7
Ord. 19-1993 S 17
Ord. 19-1993 S 1 7
Ord. 19-1993 S 1 7
Ord. 3-1973 S 1
Ord. 3-1973 S 2~ Ord. 2-1975 S 1
Ord. 3-1973 S 2~ Ord. 2-1975 9 1 ~ Ord. 44-1995 S 1 ~ 10-18-95
Ord. 3-1973 S 3
T-24
Herein
9.72.080
9.72.090
9.72.100
Reserved
9.74.010
9.74.020
9.74.030
9.74.040
9.74.050
9.74.060
9.74.070
9.74.080
9.74.090
9.74. I 00
9.74.110
9.74.120
Reserved
9.84.010-
9.84.050
Reserved
9.82.010-
9.82.060
Repealed by
011-2004
9.78.010-
9.78.110
Reserved
9.02.050
9.76.0 I 0-
9.76.110
9.80.010
9.80.020
9.80.030
9.80.040
9.80.050
9.80.060
9.80.070
9.80.080
Reserved
2.48.0 I 0
2.48.020
2.48.030
2.48.040
CROSS-REFERENCE TABLE
Prio r Ordinance
Code ~ History Herein
I 0-24 Ord. 3-1973 ~ 4 2.48.050
10-25 Ord. 3-1973 ~ 5 2.48.060
10-26 Ord. 3-1973 ~ 6 2.48.070
10-27 Ord. 3-1973 ~ 7 2.48.080
10-28-10-37 Reserved
10-38 Ord. 6-198 J ~ 1 4.20.010
I 0- 39 Ord. 6-1981 ~ 2 4.20.020
10-40 Ord. 6-198 J ~ 3 ~ Ord. 29-1999 ~ 1 4.20.030
1 0-4 1 Ord. 6-1981 ~ 4 4.20.040
1 0-42 Ord.6-1981 ~5 4.20.050
1 0-43 Ord. 6-198] ~ 6 4.20.060
10-44-10-50 Reserved
1 0- 5 1 Ord. ] 8-1996 ~ 1, 3-20-96 2.52.010
1 0- 5 2 Ord. 18-1996 ~ 2, 3-20-96 2.52.020
1 0-53 Ord. 18-1996 ~ 3, 3-20-96 2.52.030
10-54 Ord. 18-1996 ~ 4, 3-20-96 2.52.040
1 0- 55 Ord. 18-1996 ~ 5, 3-20-96 2.52.050
10.5-1-
10.5-15 Reserved
10.5-16 Ord. 30-1996 ~ J 13.16.010
10.5-1 7 Ord. 30-1996 ~ 2 13.16.020
10.5-18 Ord. 30-1996 ~ 3 13.]6.030
10.5-]9 Ord. 30-1996 ~ 4 13.16.040
10.5-20 Ord. 30-1996 ~ 5 13.] 6:050
10.5-21 Ord. 30-1996 ~ 6 13.]6.060
10.5-22 Ord. 30-1996 ~ 7 13.16.070
10.5-23 Ord. 30-1996 ~ 8 13.16.080
10.5-24 Ord. 30-1996 * 9 13.16.090
10.5-25 Ord. 3 0-1996 ~ 1 0 13.16.100
10.5-26 Ord. 30- 1 996 * 1 J 13. J 6.1 J 0
10.5-27--
10.5-50 Reserved
10.5-51 Ord. 35-1999 ~ I 5.28.010
10.5-52 Ord. 35-1999 ~ 2 5.28.020
10.5-53 Ord. 35-1999 ~ 3 5.28.030
10.5-54 Ord. 35-1999 ~ 4 5.28.040
10.5-55 Ord. 35-1999 ~ 5 5.28.050
10.5-56 Ord. 35-1999 ~ 6 5.28.060
10.5-57--
10.5-75 Reserved
10.5-76 Ord. 23-2000 ~ 1 5.24.010
10.5- 77 Ord. 23-2000 ~ 1 5.24.020
10.5-78 Ord. 23-2000 ~ 1 5.24.030
10.5-79 Ord. 23-2000 ~ 1 5.24.040
10.5-80 Ord. 23-2000 ~ 1 5.24.050
10.5-81 Ord. 23-2000 ~ 1 5.24.060
10.5-82 Ord. 23-2000 ~ I 5.24.070
10.5-83 Ord. 23-2000 ~ 1 5.24.080
T-25
TABLES
Prior
Code ~
I I - 1
I 1-2
11-3
I 1-4
I 1-5
I 1-6
I I -6. 5
I I -6.6
11-7
11-8
I 1-9
11-10
II-II
11-12
I I. 5-1
11.5-2
11.5-3
I I. 5 -4
11.5-5
1 I. 5 -6
11.5-7
Ch. 12
12.1-1
12.1-2
12.1-3
I 2. I -4
12.1-5
I 2. I -6
12.1-7
12. 1-8
I 2. 1-9
12.1-10
12.1-11
12.1-12
12.1-13
12.1-14
12.1-15
12.1-16
12.1-17
12.1-18
12.1-19
12.1-20
12.1-21
12.1-22
12.1-23
Ordinance
History
Ord. 27-1987 ~~ 1 ~ 2: Ord. 43-1988 ~ 1: Ord. 38-1993 ~ I: Ord.
30-1994 ~ 1: Ord. 44-1996 ~ 1: Ord. 33-1997: Ord. 35-200 1 ~ 1
Ord. 42-1988 ~ I
Ord. 23-1976 SS 1-3: Ord. 7-1977 S~ L 2
Herein
11.04.010
11.08.010
1 I. 12.0 I 0-
I 1.12.050
Reserved
Repealed by
022-2004
11.08.020
11.08.030
11.08.040
5.32.0 I 0-
5.32.070
11.08.050
11.16.010
11.08.060
11.08.070
11. ] 6.020
8.36.010
8.36.020
8.36.030
8.36.040
8.36.050
8.36.060
8.36.070
Reserved
5 .04.0 I 0
5.04.020
5.04.030
5.04.040
5.04.050
5.04.060
5.04.070
5.04.080
5.04.090
5.04.100
5 .04. 1 1 0
5.04.120
5.04.130
5.04.] 40
5 .04. I 50
5.04.160
5 .04. 1 70
5.04.]80
5.04.190
5.04.200
5.04.210
5.04.220
5.04.230
Ord. 55-1988 SS 1-3
Ord. 7 - 1 994 S ~ 1 ~ 2
Ord. 45-1996 SS 1-3
Ord. 7-1998 ~ 1 ~ 3-1 ] -98
Ord. 22-1994 S~ 1-6: Ord. 23-1995 ~~ 1, 2, 7-18-95
Ord. 27-] 994 SS 1 ~ 2
Ord. 1-1995 ~ I
Ord. 32-1996 ~ 2, 6-19-96
Ord. 32-1996 ~ 3, 6-19-96
Ord. 021-2002 S 1
Ord. 4-1988 ~ 1 (])
Ord. 4-1988 ~ ] (2)
Ord. 4-1988 ~ 1 (3)
Ord. 4-1988 S 1(4)
Ord. 4-1988 ~ 1 (5)
Ord. 4-1988 ~ ] (6)
Ord. 4-1988 ~ 1 (7)
Ord. 22-]995 S 2,7-18-95: Ord. 53-1996 S 2
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 ~ 2, 7-] 8-95
Ord. 22-1995 S 2~ 7-18-95
Ord. 22-1995 S 2~ 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 ~ 2~ 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 ~ 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-18-95
Ord. 22-1995 S 2, 7-] 8-95
T-26
Prior
Code ~
12.1-24
12.1-25
12.1-26
12.1-27
12.1-28
12.1-29
12.1-30
12.1-31
12.1-32
12.1-33
12.1-34
12.1-35
12.1-36
12.1-37
12.1-38
12.1-39
12.1-40
12. 1-41
12. 1 -42
12. 1 -43
12. 1 -44
12. I -45
12. 1-46
12. 1-4 7
12. 1 -48
12.5-1
12.5-2
12.5-3
13-1
13-2
13-3
13-4
13-5
13-6
13-7
13-8
13-9
13 -9. I
13-10
13-1 I
13-12
13-13
13-14
Ordinance
History
Ord. 22-1995 9 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 9 2., 7-18-95
Ord. 22-1995 92., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 9 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-] 995 9 2., 7-18-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-] 995 S 2., 7-18-95
Ord. 22-1995 S 2., 7-] 8-95
Ord. 22-1995 S 2., 7-18-95
Ord. 22-1995 9 2., 7-18-95
Ord. 22-] 995 S 2., 7-18-95
Ord. 28-1989 S 1
Ord. 28-] 989 S 1
Ord. 28-1989 S 1
Ord. 7-1976 SS 1-3
Ord. 11-1977 9S 1., 1 A., 4
Ord. 4-1982 S 9 1., 2
Ord. 29-1983 SS 1-4~ Ord. 30-1985 9S 1-3~ Ord. 34-1985~ Ord.
5-1986 S 1 ~ Ord. 1-1991 S 1
Ord. 23-1984 ~ ]
Ord. 5-1985 S 1
Ord. 36-1998 S 1 ~ Ord. 14-1991 S 1
Ord. 36-1998 S 2~ Ord. 14-1991 S 2
Ord. 14-1991 S 3
Ord. 17-1989 S 1
Ord. 29-1989 SS 1-4~ Ord. 20-1991 SS 1., 2
Ord. 24-1990 SS 2., 3
Ord. 32-1997
Ord. 28-2000 SS 1-6~ Ord. 5-2001 9 1
T-27
CROSS-REFERENCE TABLE
Herein
5.04.240
5.04.250
5.04.260
5.04.270
5.04.280
5.04.290
5.04.300
5.04.310
5.04.320
5.04.330
5.04.340
5.04.350
5.04.360
5.04.370
5.04.380
5.04.390
5.04.400
5.04.4 1 0
5.04.420
5.04.430
5.04.440
5.04.450
5.04.460
5.04.470
5.04.480
5.16.010
5.16.010
5.16.010
10.04.010
10.04.020
Repealed by
022-2004
8.24.010-
8.24.030
8.44.010-
8.44.030
Repealed by
022-2004
Reserved
13.28.010
13.28.020
13.28.030
12.32.0 10
8.40.010-
8.40.040
13.20.010.,
13.20.020
2.32.030
2.32.060
TABLES
Prior
Code ~
13-15
13-16
13-17
13-18
13-19
13-20
13-21-13-25
13-26
13-27
13-28
13-29
13-30-13-50
13-51
13-52
13-53
13-54
13-55
13-56
13-57
13-58
13-59~ ]3-60
I 3 -6 I
13 -62
] 3-63
] 3 -64
13-65
1 3 -66
I 3 -67
13-68-13-80
I 3 -81
13 -82
] 3-83
] 3 -84
13-85
13-86
13-87
13-88
13-89
13-90
Ordinance
History
Ord. 5 - I 973 ~ I
Ord. 5-1973 ~ 2
Ord. 5-] 973 ~ 3
Ord. 5-1973 ~ 4
Ord. 5-1973 ~ 5
Ord. 5-1982 9 1 ~ Ord. 3 1-1983 ~ I ~ Ord. I 0-1984 ~ 1
Ord. 5-1982 9 2
Ord. 5-] 982 ~ 3
Ord. 5-1982 ~ 5~ Ord. ] 0-1984 9 2~ Ord. 34-1987 9 2~ Ord. 33-1988
~ 1:0rd.29-1990~ I~Ord.33-1995 ~ 1
Ord. 32-2000 9 3
Ord. 32-2000 9 3~ Ord. 2-200 I ~ 2
Ord. 32-2000 9 3~ Ord. 2-200 I 9 I
Ord. 32-2000 ~ 3
Ord. 32-2000 9 3
Ord. 32-2000 ~ 3
Ord. 32-2000 ~ 3
Ord. 32-2000 ~ 3
Ord. 8-1994 ~ I ~ Ord. I 0-1998 ~ I ~ 3-11-98
Ord. 8-1994 ~ 2~ Ord. I 0-1998 ~ I ~ 3-11-98
Ord. 8-1994 ~ 3 ~ Ord. 1 0-1998 ~ I ~ 3-11-98
Ord. 8-1994 ~ 4~ Ord. 1 0-1998 ~ I ~ 3-11-98
Ord. 8-1994 ~ 5~ Ord. 10-1998 ~ ]~ 3-11-98
Ord. 8-1994 ~ 6~ Ord. 10-1998 S L 3-11-98
Ord. 8-1994 9 7: Ord. ] 0-1998 ~ I ~ 3-11-98
Ord. 8-1990 ~ I
Ord. 8-1990 S 2
Ord. 8-1990 S 3
Ord. 8-1990 S 4
Ord. 8-1990 ~ 5
Ord. 8-1990 ~ 6
Ord. 8-1990 ~ 7
Ord. 8-1990 ~ 8
Ord. 8-1 990 ~ 9
Ord. 8-1990 ~ ]0
T-28
Herein
Reserved
Repealed by
005-2003
Repealed by
005-2003
Repealed by
005-2003
Repealed by
005-2003
Repealed by
005-2003
Reserved
Repealed by
005-2003
Repealed by
005-2003
Repealed by
005-2003
Repealed by
005-2003
Reserved
8.32.010
8.32.020
8.32.030
8.32.040
8.32.050
8.32.060
8.32.070
8.32.080
Reserved
7.16.0]0
7.16.020
7.16.030
7.16.040
7.16.050
7.16.060
7.16.070
Reserved
8.08.0 I 0
8.08.020
8.08.030
8.08.040
8.08.050
8.08.060
8.08.070
8.08.080
8.08.090
8.08.100
Prio r
Code ~
13-91-
I 3 - 1 00
13-101
13-102
13-103
13-104
13-105
I 3 - 1 06
1 3 - I 07--
13-110
13-111
13- I 12
13- I 13
13- I 14
13- I 15
1 3 - I 1 5 A.
13-116
13- I 17
13- I 18
13-119
13-120
13-121
13-122
13-123
I 3 -124--
13- I 30
13- I 3 I
13- I 32
13-133
I 3-134
13-135
13.5-1
13.5-2
13.5-3
1 3 .5-4
13.5-5
13.5-6-
13.5-15
13.5-16
13.5- I 7
13.5-18
13.5-19
13.5-20
CROSS-REFERENCE TABLE
Ordinance
History
Ord. 36-200 1 ~ 1
Ord. 36-200 I ~ I
Ord. 36-200 1 ~ I
Ord. 36-200 1 ~ I
Ord. 36-200 1 ~ 1
Ord. 36-200 1 ~ 1
Ord. 22-1986 ~ 1; Ord. 36-2001 S 2
Ord. 22-1986 ~ 2; Ord. 9-199 I ~ I; Ord. 36-200 I ~ 3
Ord. 22-1986 ~ 3
Ord. 22-1986 ~ 4
Ord. 22-1986 ~ 5; Ord. 9-1991 ~ 2; Ord. 36-200 I ~ 4
Ord. 36-200 I S 5
Ord. 36-200 1 ~ 6
Ord. 36-200 I ~ 7
Ord. 36-200 1 ~ 8
Ord. 36-200 1 ~ 9
Ord. 36-2001 S 10
Ord. 36-2001 S 11
Ord. 36-2001 S 12
Ord. 36-2001 S 13
Ord. 11-1994 ~ 1
Ord. 11-1 994 ~ 2
Ord. 11-1994 S 3
Ord. I 1- 1 994 S 4
Ord. 1 1- 1 994 S 5
Ord. 15-1991 SS 1-5; Ord. 36-1998 ~ 1
Ord. 16-1991 ~S 1-6; Ord. 24-1995 S I; Ord. 1-1997 S I; Ord.
33-1998 S~ 1-3; Ord. 36-1998 S 2; Ord. 2-2000 S 1; Ord. 18-2001 ~ 1~
Ord. 008-2002 ~ 1; Ord. 026-2002 S I
Ord. 59-1996 S 2; Ord. 5-1998 S 2; Ord. 011-2002 S 1; Ord. 029-2002
S2
Ord. 1-1997 ~ 2; Ord. 5-1998 S~ 3-9; Ord. 36-1998 S 3; Ord. 24-1999
9 1; Ord. 43-1999 ~S 1, 2; Ord. 37-2000 S 1; Ord. 40-2000 ~ I ~ Ord.
42-000 9 I; Ord. 19-2001 9 1; Ord. 21-2001 S 1; Ord. 30-200 1 ~ I;
Ord. 0 11-2002 ~S 2-5; Ord. 028-2002 S 1; Ord. 029-2002 SS 3, 4
Ord. 18-1983 ~ 1
Ord. 18-1983 ~ 2
Ord. 18-1983 9 3
Ord. 18-1983 S 4
Ord. 18-1983 S 5
T-29
Herein
Reserved
10.12.010
10.12.020
10.12.030
10.12.040
10. 12.050
10.12.060
Reserved
10.16.010
10. 16.020
10.16.030
10.16.040
10. 16.050
10.16.060
10.16.070
10.16.080
10. 16.090
1 O. 1 6. 1 00
10.16.110
10. 16.120
10.16.130
10. 16. 140
Reserved
10.08.010
10.08.020
10.08.030
10.08.040
10.08.050
Reserved
13.32.010
13.32.020
13.32.030
13.32.040
Reserved
4.04.010
4.04.020
4.04.030
4.04.040
4.04.050
TABLES
Prior
Code ~
13.5-21
13.5-22
14-1-14-30
14-3 I
14-32
14-33
14-34-
14-34.1
I 4-35
14-36
14-37
15-1-15-15
15-16
15-1 7
15-18
15-19
15.5-1-
15.5-15
15.5-16
15.5-1 7
15.5-18
15.5-19
15.5-19.1
15.5-20
15.5-21
15.5-22
15.5-23-
15.5-25
15.5-26
15.5-27
15.5-28
15.5-29
15.5-30
15.5-31
15.5-32
15.5-33
15.5-34
15.5-35
15.5-36
15.5-37
15.5-38
15.5-39-
15.5-50
15.5-51
Ordinance
History
Ord. 18-1983 ~ 6
Ord. 23-1989 S 1
Ord. 1-1974 ~ 1
Ord. 1-1974 ~ 2~ Ord. 21-1994 ~ 1 ~ Ord. 24-1998 S C 8-12-98
Ord. 1-1974 ~ 4~ Ord. 21-1994 ~ 2~ Ord. 24-1998 ~ 2~ 8-12-98
Ord. 1-1974 ~ 3~ Ord. 6-1976 ~ 1~ Ord. 21-1994 ~ 3~ Ord. 24-1998 ~ 3~
8-12-98
Ord. 1-1974 ~ 5~ Ord. 21-1994 ~ 4~ Ord. 24-1998 ~ 4~ 8-12-98
Ord. 1-197 4 ~ 6
Ord. 1-197 4 ~ 7
Ord. 1-1972 ~ 1 ~ 1-11-72
Ord. 1-1972 ~ 2~ 1-11-72
Ord. 1-1972 S 3 ~ I-I 1-72
Ord. 1-1972 ~ 3 ~ 1-11-72
Ord. 3 1 -1 999 ~ 1
Ord. 3 1 - I 999 ~ I
Ord. 3 1-1999 ~ I ~ Ord. 42-1999 ~ I ~ Ord. 7 -2000 ~ ~ L 2
Ord. 3 1-1999 ~ I
Ord. 0 16-2002 ~ 1
Ord. 4-2000 ~ 1
Ord. 4-2000 ~ 2
Ord. 4-2000 ~ 3
Ord. 0 17-2002 ~ I
Ord. 0 17-2002 ~ 2
Ord. 0 17-2002 ~ 3
Ord. 0 17-2002 ~ 4
Ord. 0 17-2002 ~ 5
Ord. 0 17-2002 ~ 6
Ord. 0 17-2002 ~ 7
Ord. 22-2000 ~ 1
T-30
Herein
4.04.060
4.04.070
Reserved
4.08.010
4.08.020
4.08.030
4.08.040
4.08.050
4.08.060
4.08.070
Reserved
Repealed by
022-2004
Repealed by
022-2004
Repealed by
022-2004
Repealed by
022-2004
Reserved
14.36.010
14.36.020
14.36.030
14.36.040
14.36.050
14.40.010
14.40.060
14.40.080
Reserved
14.40.010
14.40.020
14.40.030
14.40.040
14.40.050
14.40.070
14.40.080
14.44.010
14.44.020
14.44.030
14.44.040-
14.44.070
14.44.080
14.44.090
Reserved
14.48.010
Prio r
Code ~
] 5.5-52
]5.5-53
] 5.5-54
] 5.5-55
15.5-56
15.5-57
]5.5-58
15.5-59
15.5-60--
] 5.5-80
15.5-8 ]
] 5.5-82
15.5-83
15.5-84
15.5-85
15.5-86--
15.5-90
15.5-91
] 5.5-92
15.5-93
] 5.5-94
15.5-95
15.5-96--
15.5-100
15.5-101
15.5-102
15.5-103
I 5.5 - I 04
15.5-105
15.5- I 06-
15.5-110
15.5-111
15.5-112
15.5-113
15.5-]14
15.5-115
16- I
16-2
16-3
16-4
16-5
16-6
16-7-16-15
16- I 6
1 6- ] 7
] 6-1 8
I 6- I 9
] 6-20
Ordinance
History
Ord. 22-2000 ~ 2
Ord. 22-2000 ~ 3
Ord. 22-2000 ~ 4
Ord. 22-2000 ~ 5
Ord. 22-2000 ~ 6
Ord. 22-2000 ~ 7
Ord. 22-2000 ~ 8
Ord. 22-2000 ~ 9
Ord. 035-2002 ~ ]
Ord. 035-2002 ~ 2
Ord. 035-2002 ~ 3
Ord. 035-2002 ~ 4
Ord. 035-2002 ~ 5
Ord. 036-2002 ~ 1
Ord. 036-2002 ~ 2
Ord. 036-2002 ~ 3
Ord. 036-2002 ~ 4
Ord. 036-2002 S 5
Ord. 037-2002 ~ I
Ord. 037-2002 ~ 2
Ord. 037-2002 ~ 3
Ord. 037-2002 ~ 4
Ord. 037-2002 S 5
Ord. 038-2002 ~ ]
Ord. 038-2002 ~ 2
Ord. 038-2002 ~ 3
Ord. 038-2002 ~ 4
Ord. 038-2002 ~ 5
Ord. ] 5- I 986 ~S 1-3; Ord. 28-] 998 ~ 1, 9-9-98
Ord. ] 9-1986 ~ ]
Ord. ] 1-1989 S ~ 1, 2
Ord. 18-1989 ~~ 1--4; Ord. 34-1989 ~ 2; Ord. 28-1992 ~~ ], 3; Ord.
9-1 99 5 ~ 1
Ord. 34-1997 ~~ ]-3
Ord. 31A-200 1 ~~ I, 2
Ord. 19-1983 ~ ]; Ord. 3-1985 ~ 3
Ord. 19-1983 ~ 2; Ord. 3-] 985 ~ 4
Ord. 19-1983 ~ 3 ~ Ord. 3-1985 ~ 5
Ord. 19-1983 ~ 4; Ord. 3-1985 S 6; Ord. 41-1986 ~ 4
Ord. 19-1983 S 5; Ord. 3-1985 S 7
T-31
CROSS-REFERENCE TABLE
Herein
14.48.020
14.48.030
14.48.040
14.48.050
14.48.060
14.48.070
14.48.080
14.48.090
Reserved
14.12.010
14. 12.020
14.12.030
14. ] 2.040
14. ] 2.050
Reserved
14.]6.010
14.16.020
14. ] 6.030
14.16.040
14. 16.050
Reserved
14.20.0 I 0
14.20.020
14.20.030
14.20.040
14.20.050
Reserved
14.24.0] 0
14.24.020
14.24.030
14.24.040
14.24.050
I 3 .04.0 ] 0
13.04.020
13.04.030
1 3. ] 2.0 1 0-
13.12.040
13.04.040
11.08.080
Reserved
13.08.010
13.08.020
13.08.030
13.08.040
13.08.050
TABLES
Prior
Code ~
16-21
1 6-2 1. 1
16-21.2
16-22
16-23
16-24
16-25
16-26
16-27
16-28
16-29
16-30
16- 3 I
16-32
Chs. 17 ~ 18
19-1-19-94
19-95
1 9-96
19-97-
19-99
1 9-1 00
1 9-1 0 1
1 9-102
19-102.5
19-103
1 9-1 04
19-105
1 9-1 06-
1 9- 1 1 5
1 9-1 1 6
19-117-
1 9-122
19-123
1 9-124-
19-128
19-129
1 9-1 30-
1 9- 1 37
19-138
1 9-139-
19-142
19-143
1 9- 144-
1 9-146
19-147
19-148-
1 9-15 1
19-152
Ordinance
History
Ord. 19-1983 ~ 6~ Ord. 3-1985 ~ 8
Ord. 3-1985 ~ 9
Ord. 33-1999 ~ I
Ord. 19-1983 ~ 7~ Ord. 3-1985 ~ 10~ Ord. 41-1986 ~ 5
Ord. 19-1983 9 8~ Ord. 3-1985 ~ 2~ Ord. 3-1985 ~ II
Ord. 19-1983 ~ 9~ Ord. 3-1985 ~ 12~ Ord. 6-1992 ~ I
Ord. 3-1985 ~ 13
Ord. 19-1983 ~ II ~ Ord. 3-1985 ~ 14~ Ord. 53-1995 ~ I
Ord. 19-1983 ~ 12~ Ord. 3-1985 ~ 15
Ord. 19-1983 ~ 13 ~ Ord. 3-1985 ~ 16
Ord. 19-1983 ~ 14~ Ord. 3-1985 ~ 17
Ord. 19-1983 ~ 15~ Ord. 3-1985 ~ 18
Ord. 19-1983 9 16~ Ord. 3-1985 9 19
Ord. 19-1983 ~ 17~ Ord. 3-1985 9 20
Ord. 1-1973 ~ 1 (Art VII ~ 3)~ Ord. 46-1987 ~ I ~ Ord. 20-1988 ~ 1
Ord. 1-1973 ~ 1 (Art VII ~ 4)~ Ord. 46-1987 ~ 2~ Ord. 20-1988 ~ 2
Ord. 1-1973 ~ 1 (Art VII ~ 8)
Ord. 1-1973 ~ I (Art VII S 1 O)~ Ord. 20-1975 ~ 26~ Ord. 9-1990 ~ I ~
Ord. 12 - I 991 ~ I
Ord. 1-1973 ~ I (Art VII S 1)~ Ord. 41-1986 ~ 7
Ord. 1-1973 S I (Art VII ~ 13)
Ord. 1-1973 ~ I (Art VI ~ 24)
Ord. 1-1973 ~ 1 (Art VII ~ 30)~ Ord. 46-1987 ~ 8
Ord. 1-1973 ~ I (Art VII ~ 34)~ Ord. 1 0-1985 ~ I
Ord. 1-1973 ~ 1 (Art VII S 43)
Ord. 1-1973 S I (Art VII ~ 48)
Ord. 1-1973 S 1 (Art VII S 52)~ Ord. 5-1974 ~ 10~ Ord. 17-1979 ~ 1
Ord. 1-1973 ~ 1 (Art VII ~ 57); Ord. 20-1975 ~ 30~ Ord. 41-1986 ~ 9
T-32
Herein
13.08.060
13.08.070
13.08.080
13.08.090
13.08.100
13.08.110
13.08.120
13.08.130
1 3.08. 140
13.08.150
13.08.160
13.08.170
13.08.180
13.08.190
Reserved
Reserved
9.86.010
9.86.020
Reserved
9.86.030
Reserved
9.86.040
9.86.050
Reserved
9.86.060
9.86.070
Reserved
9.86.080
Reserved
9.86.090
Reserved
9.86.100
Reserved
9.86.1 10
Reserved
9.86.120
Reserved
9.86.130
Reserved
9.86.140
Prio r
Code ~
19..153
19..154--
19..217
19..218
19-219--
19-399
CROSS-REFERENCE TABLE
Ordinance
History Herein
Ord. 1-1973 S 1 (Art VII ~ 58)~ Ord. 2-1978 S 1 9.86.150
Reserved
Ord. 1-1973 S 1 (Art XI 9 5)~ Ord. 5-1974 9 27~ Ord. 20-1975 S 67~ Ord.
29-1978 S 1~ Ord. 5-1979 S 1~ Ord. 17-1980 S 12~ Ord. 4-1985 SS 1~ 2~ 5.08.010-
Ord. 39-1986 S 2~ Ord. 55-1987 SS 1-3~ Ord. 19-1993 S 14 5.08.100
Reserved
T-33
Ordinance
Number
039-2002
040-2002
041-2002
042-2002
043-2002
001-2003
002-2003
003-2003
004-2003
005-2003
006-2003
007-2003
008-2003
009-2003
010-2003
011-2003
012-2003
013-2003
014-2003
015-2003
016-2003
017-2003
018-2003
019-2003
020-2003
021-2003
022-2003
023-2003
024-2003
025-200.3
026-2003
027-2003
028-2003
029-2003
030-2003
03 1-2003
032-2003
033-2003
034-2003
035-2003
036-2003
ORDINANCE LIST AND DISPOSITION TABLE
Rezone (Special)
Amends Year 2010 Comprehensive Plan (Special)
Amends Year 2010 Comprehensive Plan (Special)
Amends Year 2010 Cotnprehensive Plan (Special)
Repeals prior code S 9.5-122.3 (9.22)
Service awards for certain volunteer firefighters (Special)
Bond issue (Special)
Amends prior code s~ 5.5-46,5.5-47 and 5.5-48, no discharge zones for boats (12.12)
Amends prior code ~ 5.5-108, vessel restricted zones (12.20)
Repeals prior code ~~ 13-16-13-20 and 13-26-13-29, translator taxing district (Repealer)
Adds prior code S 5.5-1 08~ amends prior code ~s 5.5-1 and 5.5-108, boats, docks and waterways
( 12.04, 12.20 )
Amends ~s 9.5-4, 9.5-233-9.5-242 and 9.5-245-9.5-248, land development code (9.02, 9.34,
9.36)
Amends prior code SS 13-102, 13-103, 13-112 and 13-115, gender discrimination (10.12, 10.16)
Amends prior code S 6.3-3, interlocal agreements (1.08)
Amends Ord. 023-2002, municipal service culvert district (Special)
Service awards for certain volunteer firefighters (Special)
Amends prior code ~ 5.5-108, Adams Waterway speed zone (12.20)
Amends prior code ~ 9.5-22, planning comtnission (16.06)
Amends prior code ~ 9.5-22, planning commission (16.06)
Amends prior code S 9.5-4, affordable housing (16.02)
Corrects scrivener's error in Ord. 038-2002, Big Coppitt service unit (Special)
Corrects scrivener"s error in Ord. 035-2002" Little Venice wastewater service area (Special)
Municipal service taxing unit (Special)
Amends prior code ~ 6-27, building and construction (6.12)
i\mends prior code SS 5.5-1,5.5-16,5.5-17,5.5.46" 5.5-77 and 5.5-108" manmade water body
(12.04" 12.08.,12.12, 12.16, 12.20, 12.28)
Loop Road (Special)
Amends prior code ~ 6-56, building and construction (6.16)
Amends prior code ~ 6-90, fine schedule (4.12)
Alnends prior code SS 6-59 and 6-62, testing agency (6.16)
Adds prior code S 9.5-120.6, transfer of recreational vehicle spaces (9.22)
Amends prior code ~ 9.5-268, existing residential dwellings (9.38)
Wastewater assesstnent (14.60)
Adds prior codes S~ 15.5-33-15.5-38, uniform wastewater connection policy (14.44)
Harvey government center (Special)
Amends prior code SS 9.5-4, 9.5-122 and 9.5-266, affordable housing (9.02, 9.22, 9.38)
Adds prior code S 9.5-258~ amends prior code S 9.5-252, naval air station (9.34)
Amends prior code S 13.5-5, Key Largo community park (13.32)
Amends Whale Harbor Channel (Special)
;\dds prior code ~S 9.5-282 and 9.5-524~ repeals and replaces prior code S 9.5-523, dwellings (9.40"
9.78)
Amends prior code ~ 6-56, landscaping curb container (6.16)
Amends prior code ~S 9.5-309 and 9.5-367, fences (9.42, 9.52)
T-35
TABLES
Ordinance
Number
037-2003
038-2003
039-2003
040-2003
041-2003
042-2003
043-2003
044-2003
045-2003
046-2003
047-2003
048-2003
049-2003
001-2004
002-2004
003-2004
004-2004
005-2004
006-2004
007-2004
008-2004
009-2004
010-2004
o 1 1 -2004
11 A-2004
012-2004
013-2004
014-2004
015-2004
016-2004
017-2004
018-2004
019-2004
020-2004
021-2004
022-2004
023-2004
024-2004
025-2004
Adds prior code ~ 9.5-319~ amends prior code ~~ 9.5-316.1 ~ 9.5-316.2 and 9.5-317~ floodplain Inan-
agement regulations (9.44)
Alnends prior code ~ 6-85~ term of office (4.12)
Firefighters service award (Special)
Aluends prior code ~~ 5.5-1 and 5.5-108~ no anchor zones (12.04~ 12.20)
Amends prior code ~ 9.5-262~ density and district open space (9.38)
Alnends prior code ~S 9.5-351-9.5-355~ parking and loading standards (9.50)
Repeals and replaces prior code ~ ~ 9 .5-111-9 .5-118~ building penn its (9.20)
Adds prior code ~~ 5.5-140-5.5-143~ amends prior code ~ 5.5-1~ diving and snorkeling (12.04~
12.36)
Taxable wastewater improvement assessment bonds (Special)
Amends prior code ~~ 9.5-124~ 9.5-124.2~ 9.5-124.3 and 9.5-124.9~ land development (9.24)
Alnends prior code S 9.5-266~ affordable housing (9.38)
Amends prior code S 9.5-4~ land developlnent (9.02)
Aluends cOlnprehensive plan (Special)
Amends prior code ~ 13.5-5~ Big Coppit volunteer fire department park (13.32)
Aluends prior code ~ 16-4~ bridge toll (13.12)
(Rescinded)
Adds prior code Ch. 2 Art XXVI SS 2-604-2-615~ travel reilnbursement for county officers and
employees (2.68)
Alnends prior code ~ 9.5-317~ building pennits (9.44)
Alnends prior code ~ 6-29~ buildings and construction (6.12)
(Rescinded)
Amends S 5A of Ord. 18-2003~ municipal service taxing unit (Special)
Amends prior code ~ 19-129~ land use regulations (9.86)
Amends prior code ~S 9.5-122.3~ 9.5-124.8 and 9.5-266~ land development (9.22~ 9.24~ 9.38)
Amends prior code ~S9.5-21 ~ 9.5-491-9.5-495 and 9.5-522~ land development (9.04~ 9.74)
Alnends prior code S 9 .5-122~ land developluent (9.22)
Amends prior code S 2-541 ~ bid bonds (3.04)
Amends prior code S 8-82~ solid waste collection (14.32)
(Pending)
Amends prior code ~S 5.5-1 and 5.5-1 08~ repeals prior code S 5.5-1 ~ no anchor zones (12.04~ 12.20)
Adds prior code S 2-605~ additional court costs (2.32)
Adds prior code S 2-604~ surcharge in traffic cases (2.32)
Interiln moratorium deferring ROGO and NROGO allocations in certain areas (Special)
Alnends prior code S 9.5-119~ repeals and replaces prior code S 9.5-346~ land development (9.20~
9.48)
Adds prior code ~ 19-1 02.5~ land use regulations (9.86)
Amends prior code ~ 2-6~ planning commission (2.72)
Adds prior code ~ 2-21 ~ amends prior code SS 1-7~ 2-1 0, 2-15.2~ 2-298, 2-30 I, 2-476~ 2-527, 2-533~
2-57L 5-L 6-56, 6-62~ 6-63~ 6-65. 8-111, 8-113~ 11-2~ 12.5-1~ 12.5-2~ 13-8-13-10, 13-57~ 13-13 C
16-21 and 16-28~ repeals prior code ~s 2-7, 2-15.6~ 2-15.16-2-15.19, 2-16-2-20~ 2.1-3,8-16-8-
42~ 9 .3-12, 11-5~ 13-3 and 13-6 (1.16~ 2.08~ 2.24~ 2.28~ 2.56~ 3 .12~ 3 .32~ 3 .36~ 5 .16, 6.16~ 8.04~ 8.28,
8.32~ 10.08, 11.08~ 12.32~ 13.08, 13.28)
Rezone (Special)
Rezone (Special)
Aluends prior code ~ 9.5-317~ land development (9.44)
T-36
Ordinance
Number
026-2004
027-2004
028-2004
029-2004
030-2004
ORDINANCE LIST
Approves amendment to 20 10 Comprehensive Plan (Special)
Rezone (Special)
Rezone (Special)
Alnends 20] 0 Comprehensive Plan (Special)
Rezone (Special)
T-37
INDEX
A
ABANDONED PROPERTY
Lost or abandoned property
Definitions 2.56.010
Proc{~dures 2.56.020
ABANDO~NED VEHICLES
Land use regulations 9.86.010
ABANDOINED WATERCRAFT
Land use regulations 9.86.030
AIRPORT' REGULATIONS
Aircraft operations 13.24.030
Aircraft parking 13.24.010
Aircraft nlnups 13.24.020
Penalty for violation 13.24.050
Vehicles 13.24.040
ALARM SYSTEMS
See BU]~GLAR ALARM SYSTEMS
FIRE ALARM SYSTEMS
ALCOH01LIC BEVERAGES
Open containers
Possession of open containers of alcoholic
beverages 10.04.030
Parks
Consun1ption of alcoholic beverages on public
beaches and parks 13.28.020
Public assembly pern1its 13.16.070
ALCOHOI..JIC BEVERAGE SALES
Appeals 5.08.090
Approval by planning comn1ission 5.08.060
Authority to approve per event sale of alcoholic
beverages 5.08.130
Classifications 5.08.030
Criteria 5.08.050
Hours of sale 5.08.120
Permits 5.08.020
Procedure 5.08.040
ABANDONED PROPERTY
Purpose and intent 5.08.010
Special beverage licenses 5.08.110
Successive applications 5.08.] 00
Transferability 5.08.080
Where pern1itted 5.08.070
AMUSEMENT DEVICES
Business and occupation tax 5.04.180
ANIMALS
Administration
Contract with humane organizations 7.08.030
Rules and regulations 7.08.040
Animal control department manager
Appointment, duties 7.08.020
Aninlal control regulations 7.12.070
Animals at large prohibited 7.12.030
Confinement of fierce., dangerous or vicious
animals 7.12.040
Exemptions 7.]2.090
Keeping of fowl or wildlife 7.] 2.060
Licensing of dogs 7.12.020
Luring., enticing, seizing, molesting or teasing
an animal 7.12.080
Number of dogs and cats restricted 7.12.050
Vaccination of dogs and cats 7.] 2.0 1 0
Enforcement of title
Fines 7.24.010
General provisions and definitions
Areas of enforcement 7.04.040
Construction of provisions 7.04.030
Definitions 7.04.020
Short title
Authority and purpose of provisions
7.04.0 1 0
Impoundment and quarantine
Disposal of dead anin1als 7.20.040
Impounding., redeeming by owner., disposition
of unredeemed dogs 7.20.050
Impoundment and treatment of sick and
injured animals 7.20.040
Interference with department manager in
performance of duty 7.20.030
Seizure, destruction of animals adjudged
nuisances 7.20.010
IX-I
APPROPRIA TIONS
Conlpensation to owners 7.20.010
Disposal of impounded aninlals 7.20.010
Exemption of feral cats from the five-day
holding period 7.20.010
Seizure of animals by property owners or
tenants
Delivery to departnlent nlanager
7.20.020
Inlpoundlnent and disposal 7.20.020
Standard of care to be exercised by
seizing party 7.20.020
Surrender of aninlal to department manager
7.20.030
Land use regulations 9.86.150
Pounds
Construction., maintenance of pound
Purposes and fees for impounded animals
7.08.010
Sea turtle protection
Definitions 7.16.010
Prohibition of activities disruptive to sea
turtles 7.16.020
Protection from predation 7.16.060
Standards for exterior artificial lighting
7.16.030
Standards for interior artificial lighting
7.16.040
Standards for mechanical beach cleaning
17.16.050
Violation., penalty 7.16.070
APPROPRIA TIONS
Charitable appropriations by county
Council on The Aging., Inc.
Honlemaker progranl 3.] 6.020
Nutrition program 3.] 6.0 1 0
Disbursal of funds for senior conlmunity
service project 3.16.060
Guidance clinic of the middle keys 3.16.050
Health systenls agency of south Florida
3.16.030
Volunteer ambulance services 3.16.040
ARCHEOLOGICAL LANDMARKS
See HISTORICAL., CULTURAL.,
ARCHEOLOGICAL AND
ARCHITECTURAL LANDMARKS
ARCHITECTURAL LANDMARKS
See HISTORICAL., CULTURAL.,
ARCHEOLOGICAL AND
ARCHITECTURAL LANDMARKS
ART
Public display of materials depicting hunlan
nudity and sexual organs 10.04.020
ASSEMBL Y
Public assenlbly permits
Alcoholic beverages 13.16.070
Application for a public assembly pemlit
13.]6.030
Conduct under a permit not a violation of
other county ordinances 13.16.100
Criteria for inlposing conditions on the pernlit
] 3.16.050
Definitions 13.16.010
Denial of a pernlit 13.16.060
Grant of a pernlit 13.16.040
Modification of permit terms and revocation
of a permit 13.16.080
Noise pernlit 13.16.070
Planning director's decision is final
adnlinistrative action 13.16.090
Publ ic assenlbly permit required 13.16.020
Violations 13.16.110
AUTHORITIES
See MONROE COUNTY
TELECOMMUNICATIONS AUTHORITY
AWARDS
Enlployee awards
Use of county funds for enlployee awards
2.64.010
IX-2
B
BAY POD\1T MUNICIPAL SERVICE TAXING
UNIT
See PUI3LIC SERVICE
BEACH A.ND SHORE PRESERVATION
AUTHC)RITY
Created 2.36.0 I 0
Duties., responsibilities 2.36.030
Menlbers 2.36.020
BEACHES
Consumption of alcoholic beverages on public
beaches and parks 13.28.020
County beach and shore preservation districts
Advisory boards
COInposition 13.36.090
Menlbers'terms 13.36.100
Required 13.36.080
Creat~~d 13.36.010
District 1 boundaries 13.36.020
District 2 boundaries 13.36.030
District 4 boundaries 13.36.050
District no. 3 boundaries 13.36.040
Governing body 13.36.070
Statutes of districts 13.36.060
County parks and beaches in unincorporated
areas to be closed during certain hours
13 .28.0 1 0
Violations., penalties 13.28.030
BIDS ANI) BIDDING
Conlpetitive bidd ing
Contract and competitive bidding procedures
Change orders to contracts 3.04.020
Cornpetitive bidding procedures 3.04.030
Contracts with nongovernmental
organizations for performance of valid
purposes 3.04.010
BIG COPPITT MUNICIPAL SERVICE TAXING
UNIT
See PUI3LIC SERVICE
BAY POINT MUNICIPAL SERVICE TAXING UNIT
BLASTING AND EXPLOSIVES
AtlTIospheric overpressure or airblast
performance standards
Monitoring 8.04.080
Blasting agents
General requirenlents 8.04.060
Blasting records 8.04.100
Definitions 8.04.0 I 0
Effect of chapter on previously issued pernlits
8.04. 11 0
Flyrock 8.04.090
General requirenlents 8.04.030
Particle velocity 8.04.070
Permits
Appeals from refusal to issue and from
revocation
Public hearing 8.04.180
Waiver of prior conviction 8.04.180
Application
Fee 8.04.140
Prerequisites to issuance 8.04.140
Building official to issue 8.04.150
Limitations., conditions and modifications
8.04.170
Required 8.04.130
Revocation 8.04.190
Scope 8.04.160
Scope of chapter
Exceptions 8.04.020
Storage at blasting sites 8.04.040
Use and handling of explosives 8.04.050
Violations of state and federal laws and
regulations deemed violation of chapter
8.04.120
BOARD OF COMMISSIONERS
Defense of board members
Reimbursement of attorney's fees in defense
of board member 2.28.010
BOARDS AND COMMISSIONS
See COMMISSION ON THE STATUS OF
WOMEN
EXAMINING BOARD FOR
CONSTRUCTION-RELA TED
IX-3
BOA TS~ DOCKS AND WATERWAYS
PROFESSIONS AND OCCUPATIONS
LIBRARY ADVISORY BOARD
PARKS AND RECREATION BOARD
PERSONNEL POLICIES AND
PROCEDURES REVIEW BOARD
PLANNING COMMISSION
SHARED ASSET FORFEITURE FUND
ADVISORY BOARD
County beach and shore preservation districts
Advisory boards See BEACHES
BOATS~ DOCKS AND WATERWAYS
Diving and snorkeling
Definitions 12.36.020
Diving and snorkeling prohibited 12.36.030
Intent and purpose 12.36.010
Penalties 12.36.040
General provisions
Definitions 12.04.010
Interference with navigable canals
Definitions 12.28.010
Prohibition on causing or permitting trees to
interfere with vessels upon any manmade
water body 12.28.020
Violations
Penalties 12.28.030
Live-aboard vessel restrictions
Affected area 12.08.040
Definitions 12.08.010
Prohibition on live-aboard vessels in
residential areas~ exception 12.08.020
Violations'\ penalties 12.08.030
Mooring fields
Additional nlooring fields proposed
12. 16.040
Definitions 12.16.020
Fee schedule 12.16.060
Force and effect 12.16.030
Purpose ] 2.16.0 1 0
Renloval and impoundnlent of dangerous or
hazardous vessels 12.16.070
Rules and regulations for mooring field
12.16.050
Violations~ penalties 12.16.080
No discharge zones
Definitions 12.12.010
Force and effect 12.12.030
No discharge zone established 12.12.020
Noise pollution and exhaust regulations
State noise pollution and exhaust regulations
adopted 12.32.010
Vessel registration fees
County authorized to enter into interlocal
agreenlents with nlunicipalities for
distribution of fees 12.24.030
Imposition of county annual vessel
registration fee 12.24.010
Use of the county annual vessel registration
fee 12.24.020
Vessel restricted zones
Boat restricted zones established 12.20.030
Definitions 12.20.020
Exenlptions 12.20.080
Hold harmless agreement authorized
12.20.060
New vessel restricted areas 12.20.050
Purpose 12.20.010
Vessel use restriction zone delineation
nlarkers 12.20.040
Violations
Penalties 12.20.070
BONDS
See REVENUE AND FINANCE
BRIDGES
Fishing frOlll Card Sound bridge prohibited
13.04.030
Fishing from Tonl's Harbor Channel Count
bridge prohibited 13.04.040
BUILDINGS AND CONSTRUCTION
See LAND ACQUISITION AND
DEVELOPMENT
Adnlinistration
Administrative appeals 6.08.030
Amount 6.08.060
Authorized 6.08.060
Building department 6.08.010
IX-4
Construction board of adjustment and appeals
6.08.020
Right of entry 6.08.050
Use 6.08.060
Variances 6.08.040
Building pernlits., inspections and certificates of
occupancy
Certificate of occupancy 6.12.250
Inspections
Inspection service 6.12.190
Inspections prior to issuance of certificate
of occupancy 6.12.230
Manufacturers and fabricators 6.12.200
Required inspections 6.12.180
Sih;~ debris 6.12.240
Work concealed prior to inspection
6.12.210
Working through a stop work order
6.12.220
Permits
Bu i Iding pernlit application process
6.12.020
Bu ilding permits required 6.12.010
Building pernlit valuations 6.12.120
Ce11ificate of competency required
6.12.090
F e t~ s 6. 1 2. 1 I 0
Fet~s and permitting requirements for work
done without a permit 6.12.130
Issued permits 6.12.040
Mobile/manufactured homes plan review
criteria 6.12.080
Motion picture., commercial and television
production 6.12.150
Ne"N permit required 6.12.170
Permit applications for hazardous
occupancies 6.12.070
Permit application time limitations
6.12.030
Revocation of pernlits 6.12.050
Stop work orders 6.12.060
Tern porary structures 6. 12. 160
Tests for product compliance 6.12.140
Unlawful uses and improvements 6.12.100
Certificate of occupancy 6.12.250
BUILDINGS AND CONSTRUCTION
Construction contractors and skill workers
Certificate of conlpetency
Application 6.16.060
Prereq u isite to issuance of occupational
license 6.16.050
Required 6.16.040
Suspension or revocation 6. 1 6. 100
Certificate of occupancy
Application
Issuance of master' S"l journeynlan' s,
maintenance personnel's and
apprentice's certificate 6.16.070
Fees 6.16.090
Reciprocity 6.16.080
Reexamination 111ay be required for renewal
or reinstatement 6.] 6. 1 10
Definitions 6.] 6.020
Direct supervision required 6.] 6.160
Disciplinary proceedings 6.] 6.150
Exemptions 6.16.010
Prohibited actions 6.16.120
Prohibited actions., journeyman and nlaster
6.16.130
Restriction as to number of apprentices
6.16.]40
Scope 6.16.] 70
Specialty trades
Testing required when 6.] 6.030
Definitions 6.04.070
Exanlining board for construction-related
professions and occupations
Appointment
Secretary 4.] 2.020
Created 4.12.0]0
Employees 4.12.060
Meetings 4.12.050
Organization 4.12.040
Powers and duties 4.12.080
Removal and vacancies 4.12.030
Rules and regulations 4.12.070
Status of current license holders 4.12.090
Terms of office 4.12.030
General provisions and definitions
Definitions 6.04.070
Mobile/manufactured homes 6.04.090
IX-5
BURGLAR ALARM SYSTEMS
Penalties 6.04.100
Pernlitting and inspections 6.04.080
Purpose 6.04.010
Requirements not covered 6.04.050
Rules of construction 6.04.060
Scope 6.04.020
Severability 6.04.110
Unsafe buildings 6.04.040
Windload requirenlents 6.04.030
Inspections
Inspection service 6.12.190
Inspections prior to issuance of certificate of
occupancy 6.12.230
Manufacturers and fabricators 6.12.200
Required inspections 6.12.180
Site debris 6.12.240
Work concealed prior to inspection 6.12.210
Working through a stop work order 6.12.220
Moving of buildings 9.86.080
Pernlits
Building permits., inspections and certificates
of occupancy. See within this heading.,
"Building permits., inspections and
certificates of occupancy."
BURGLAR ALARM SYSTEMS
Definitions 8.08.030
Enforcenlent 8.08.090
False burglar/robbery alarnls prohibited
8.08.060
Filing of alarm information 8.08.040
Notification of false alarms 8.08.080
Purpose 8.08.010
Required equipment in a burglar/robbery alarnl
8.08.050
Scope of regulations 8.08.020
Service charge 8.08.070
Violations., penalties 8.08.100
BUSINESS AND OCCUPATION TAX 5.04.380
Advertising space renters 5.04.170
Anlusenlent devices 5.04.180
Cafes., restaurants., nlobile food vendors and
other eating establishments 5.04.230
Cenleteries and nlausoleunls 5.04.200
IX-6
Charitable organizations
Exenlption 5.04.150
Occasional sales., fundraising 5.04.150
Circuses., traveling shows'l tent shows and side
shows 5.04.210
Contracting 5.04.240
Dance halls and variety exhibitions 5.04.250
Definitions 5.04.020
Delinquent license tax., penalty 5.04.090
Disabled persons and widows 5.04.110
Disabled veterans 5.04.120
Distribution of revenues 5.04.030
Electric power plants., gas plants and comnlunity
television antenna companies 5.04.260
Enligrant agents 5.04.270
Farm., agricultural and grove exemption fronl tax
5 .04. 1 30
Flea nlarkets 5.04.470
Forms 5.04.080
Fortunetellers and clairvoyants 5.04.280
Fractional tax payments 5.04.050
Hotels'l apartment hotels and motels 5.04.190
Insurance adjusters 5.04.290
Liquified petroleunl gas distributors., installers
and nlanufacturers 5.04.320
Manufacturing., processing., quarrying and
nlining 5.04.330
Miscellaneous businesses not otherwise provided
5.04.340
Mobile repair or service 5.04.480
Pawnbrokers 5.04.360
Pernlanent exhibits 5.04.370
Procedure for the payment of the occupational
tax 5.04.060
Professions'l businesses and occupations
5.04.380
Public service 5.04.390
Purpose and prohibition 5.04.010
Religions tenants
Exemption 5.04.140
Retailing 5.04.400
School activities
Certain exemption 5.04.160
Schools and colleges 5.04.410
Scrap ITletal processors and junk dealers
5.04.300
Tax not in lieu of regulatory fees or licenses
5.04.100
Telephone systems 5.04.420
Term of privilege granted by the tax, transfer
5.04.040
Theaters that are permanent in nature 5.04.350
Trading in intangible personal property 5.04.430
Trading in tangible personal property 5.04.440
Traveling entertainment and sales presentations
5.04.220
Travel ing junk dealers 5.04.31 0
Vending machines 5.04.450
Violations, penalties 5.04.070
Water companies and sewage disposal
companies 5.04.460
C
CAMPINCr
No camping on county property 9.86.050
No overnight camping 9.86.040
CAPITAL PROJECTS
See RE1VENUE AND FINANCE
CATV FR,\NCHISES
Assignnlent of the franchise 5.12.140
Definitions 5.12.010
Duration of the franchise 5.12.040
Effect on existing franchises 5.12.210
Franchise fee 5.12.130
Franchis,e grant 5.12.030
Grant of a renewed franchise to franchise
holders 5.12.180
Insuranct~ and indenlnification 5.12.110
Legal expenses 5.12.200
Mininlufll services to be provided 5.12.060
Modification of the franchise 5.12.150
Operation, purchase and sale of the cable system
after tt~rmination or expiration of the franchise
5.12.170
Overlapping franchises 5.12.190
CAMPING
Procedure for the initial grant of a franch ise
5.12.020
Provision for basic cable service to certain
county facilities 5.12.100
Rates and charges to the subscriber 5.12.120
Rights-of-way use conditions 5.12.080
Service availability 5.12.050
Service standards 5.12.070
Ternlination of the franchise for cause 5.12.160
Use of franchisee equipnlent in the event of an
enlergency 5.12.090
CEMETERIES AND MAUSOLEUMS
Business and occupation tax 5.04.200
CHARITABLE ORGANIZATIONS
Business and occupation tax
Exemption 5.04.150
CIRCUSES, TRAVELING SHOWS, TENT
SHOWS AND SIDE SHOWS
Business and occupation tax 5.04.210
CODE
General provisions
Altering code 1.04.060
Catchlines of sections 1.04.030
Jurisdiction of code 1.04.050
Officers, employees not liable to fine for
failure to perform duties 1.04.070
Rules of construction and definitions
1.04.020
Severability of parts of code 1.04.080
CODE ENFORCEMENT
Administrative fines, liens 1.08.070
Amendnlents to chapter 162, Florida statutes
1.08.110
Appeals ] .08.090
Code enforcement by other means 1.08.140
Code enforcement special master
Creation, powers and duties 1.08.030
Conduct of hearing 1.08.050
Definitions 1.08.020
Department of code enforcement
IX-7
COMMERCIAL FISHING
Creation 1.08.0 I 0
Duration of lien 1.08.080
Enforcement procedure 1.08.040
Issuance of citations by code enforcement
officers 1.08.130
Notices 1.08.100
Passage of four years a bar to prosecutions
1.08.150
Powers of the enforcenlent special nlaster
) .08.060
Supplenlental code enforcement procedures
Code enforcenlent officers designated
1.12.020
Legislative intent 1.12.010
Notice to appear 1.12.060
Provisions supplenlental 1.12.070
Schedule of violations and penalties 1.12.040
V iolations of certain codes declared a civil
infraction 1.12.030
Violations procedure 1.12.050
Violation citations 1.08.120
COMMERCIAL FISHING
Conlmercial fishing residential occupation
license 5.16.010
Unloading of shrimp by comnlercial fishing
vessels restricted 5.16.020
COMMISSION ON THE STATUS OF WOMEN
Establishment of commission and branches
4.08.020
Limitation of powers 4.08.070
Officers and meetings 4.08.050
Powers and duties 4.08.060
Qualifications 4.08.040
Short title 4.08.010
TernlS of nlembers 4.08.030
COMMUNITY TELEVISION ANTENNA
COMP ANIES
Electric power plants., gas plants and community
television antenna companies
Business and occupation tax 5.04.260
COMPETITIVE BIDDING
Contract and conlpetitive bidding procedures
Change orders to contracts 3.04.020
Conlpetitive bidding procedures 3.04.030
Contracts with nongovernmental
organizations for perfornlance of val id
purposes 3.04.010
CONCH KEY MUNICIPAL SERVICE TAXING
UNIT
See PUBLIC SERVICE
CONDOMINIUMS
Land use regulations 9.86.060
CONTRACTORS
See BUILDINGS AND CONSTRUCTION
CONTRACTS
Contract and conlpetitive bidding procedures
Change orders to contracts 3.04.020
Conlpetitive bidding procedures 3.04.030
Contracts with nongovernnlental
organizations for performance of valid
purposes 3.04.010
CONVENIENCE FOOD STORES
Definitions 5.20.010
Penalties and enforcenlent 5.20.040
Regulations 5.20.020
Training employees 5.20.030
CORRIDORS AND BUFFERY ARDS
Land acquisition and development
See SCENIC CORRIDORS AND
BUFFERY ARDS
COUNCILS
See FLORIDA KEYS COUNCIL FOR THE
HANDICAPPED
See MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL
COUNTY ADMINISTRATOR
County administration law adopted 2.04.010
IX-8
COUNTY COMMISSIONER DISTRICTS
Boundaries 2.08.010
COUNTY ROADS
V oluntary dedication for county roads
13.04.020
COUNTY SOLID WASTE COLLECTION~
DISPOSAL AND ASSESSMENT CODE
See S()LID Vvr ASTE
COUNTY VEHIC:LES
Automobile allowance for supervisor of
elections 2.60.040
Automobile to be furnished clerk of circuit court
2.60.010
Minimum vehicle liability insurance limits
County-owned vehicles 2.60.020
Vehicles owned by sheriffs department
2.60.030
COURTS
Additional cost for any misdemeanor where
unlav(ful use of drugs or alcohol is involved
2.32.030
Additional court costs in criminal cases
2.32.050
Clerk of court service charges on any circuit
court proceedings and petitioners for
modification in 16th judicial circuit 2.32.020
Legal aid for civil legal services for indigent
persons 2.32.010
Surcharge in traffic cases 2.32.040
Teen court funding through mandatory cost to be
assessed in specific cases 2.32.060
CUL TURj\L LANDMARKS
See HISTORICAL~ CUL TURAL~
j\RCHEOLOGICAL AND
A~RCHITECTURAL LANDMARKS
D
DANCE HALLS AND VARIETY EXHIBITIONS
COUNTY ROADS
Business and occupation tax 5.04.250
DEDICA TION
County roads
V oluntary dedication for county roads
13.04.020
DEPARTMENT OF PLANNING
Land acquisition and developnlent
Sui Iding officials 9.08.050
Developnlent review committee: 9.08.040
Developnlent review coordinator 9.08.030
Director of planning 9.08.020
Division of capital improvenlents planning
9.08.060
Environmental resources division 9.08.080
Generally 9.08.010
Planning division 9.08.070
DETERGENTS
Sale of detergents
Detergent defined 8.40.010
Exemption 8.40.030
General prohibition 8.40.020
Violations 8.40.040
DEVELOPMENT
See LAND ACQUISITION AND
DEVELOPMENT
DISCRIMINA TION
Employment~ credit transactions or public
acconlmodations
Alternative remedies 10.12.060
Definitions 10.12.020
Enforcenlent by civil action 10.12.040
Liberal construction 10.12.060
Nonwaivability 10.12.050
Prohibited conduct 10.12.030
Title 10.12.010
Violations~ penalties 10.12.040
Housing discrimination
Board of county commissioners to administer
division 10.16.030
IX-9
DIVING
Cooperation with federal, state and local
agencies adnlinistering fair housing laws
10.16.040
Declaration of policy 10.16.010
Definitions 10.16.020
Duties and powers of fair housing director
10.16.080
Duties and powers of the fair housing board
10.16.100
Exenlption 10.16.060
Fair housing board 10.16.090
Fair housing director 10.16.070
Hearings before the fair housing board
10.16.120
Other remedies 10.16.130
Procedure 10.16.110
Report to real estate comnlission 10.16.140
Unlawful practices 10.16.050
DIVING
Diving and snorkeling See BOATS, DOCKS
AND WATERWAYS
DOCKS
See BOATS, DOCKS AND WATERWAYS
DRUG ABUSE TRUST FUND
Administration 3.48.040
Created 3.48.010
Disposition of funds 3.48.030
Purpose 3.48.020
E
ELECTRIC POWER PLANTS, GAS PLANTS
AND COMMUNITY TELEVISION
ANTENNA COMPANIES
Business and occupation tax 5.04.260
EMERGENCIES
See PRICE GOUGING DURING
EMERGENCIES
Authority of nlayor to declare state of local
enlergency 2.72.030
EMERGENCY AND NONEMERGENCY
MEDICAL SERVICES
Applicability 8.12.180
Certificate revocation, modification, suspension
8.12.110
Certificates required 8.12.040
Conlplaint procedures 8.12.120
Deficiencies 8.12.100
Definitions 8.12.030
Enlergency powers 8.12. 130
Exclusion fronl certificate requirenlent 8.12.140
Exclusion of Monroe county transportation
progranl provided under the social services
department 8.12.170
General prohibition 8.12.090
Procedure for obtaining certificate 8.12.050
Purpose 8.12.020
Renewal of certificate 8.12.070
Rights and duties granted by certificate 8.12.060
Rules and regulations 8.12.080
Short title 8.12.010
Turning in a false alarnl 8.12.150
Violations
Penalties 8. 12.160
EMERGENCY TELEPHONE SERVICE
Local option fee for emergency telephone
serVIce
Lower Keys 8.16.030
Middle Keys 8.16.020
Upper Keys 8.16.010
EMPLOYEE AWARDS
Use of county funds for enlployee awards
2.64.010
EMPLOYMENT
See DISCRIMINATION
ENVIRONMENTAL STANDARDS
See LAND ACQUISITION
EXAMINING BOARD FOR CONSTRUCTION-
RELATED PROFESSIONS AND
OCCUPATIONS
IX-IO
See BlJILDINGS AND CONSTRUCTION
EXPENSE:S
Fire and rescue personnel
Reinlbursement of expenses
Authority to promulgate nlles and
regulations 3.44.050
Findings of fact 3.44.0] 0
Funds to be budgeted in districts 3.44.030
Personnel affected 3.44.020
Required agreements 3.44.040
Reimbulrsement policy
Advancenlents 2.68.110
Authority to incur travel expenses 2.68.020
Conlputation of travel tinle for reimbursement
2.68.040
Definitions 2.68.010
Direct paynlent of expenses by agency
2.68.120
Fraudulent claims 2.68.090
Official headquarters location 2.68.030
Other expenses 2.68.070
Rates of per diem and subsistence allowance
2.68.050
Rules 2.68.080
Transportation 2.68.060
Travel voucher forms 2.68.100
EXPLOSI'/ES
See BL)~STING AND EXPLOSIVES
F
FIRE ALARM SYSTEMS
Definitions 8.20.030
Enforcernent 8.20.080
False fin~ alamls prohibited 8.20.050
Inspection requirenlents 8.20.060
Posting requirements 8.20.040
Purpose of regulation 8.20.010
Scope of regulations 8.20.020
Violations, penalties 8.20.070
FIRE MA~~SHAL
Appeals 2.20.050
EXPENSES
Appointnlent and job description 2.20.010
Duty to enforce certain laws and ordinances
2.20.020
Duty to inspect 2.20.040
Duty to investigate and nlake reconlmendations
2.20.030
Establishment of enlergency vehicle zones on
private property 2.20.070
Fire safety codes adopted 2.20.060
FIREWORKS
Permit required 8.24.010
Supervision 8.24.020
Tinle limit on pemlit 8.24.030
FISHING
Commercial fishing
Commercial fishing residential occupation
license 5.16.0] 0
Unloading of shrimp by commercial fishing
vessels restricted 5.16.020
Fishing fronl Card Sound bridge prohibited
13.04.030
Fishing fronl Tom's Harbor Channel Count
bridge prohibited 13.04.040
FLAMMABLE LIQUIDS
Storage of flammable liquids 9.86.1 10
FLEA MARKETS
Business and occupation tax 5.04.470
FLOODPLAIN MANAGEMENT
Land acquisition and development
General provisions 9.44.020
Permit requirements 9.44.030
Purpose and intent 9.44.0 I 0
Required inspections of residential structures
9.44.060
Standards for issuance of building permits in
areas of special flood hazards 9.44.040
Variances to the floodplain management
requirements 9.44.050
IX -] 1
FLORIDA KEYS COUNCIL FOR THE HANDICAPPED
FLORIDA KEYS COUNCIL FOR THE
HANDICAPPED
Advisory nature of conlnlission
Aid by county staff 4.16.080
Compensation 4.16.060
Composition of menlbership 4.16.020
Created., nunlber of nlenlbers 4.16.010
Filling of vacancies 4.16.040
Meetings 4. 16.050
Powers 4.16.070
Selecting of nlenlbers by nlayor and board of
county comnlissioners 4.16.030
Selection of chairperson 4.16.040
Ternl of office of menlbers 4.16.040
FOOD STORES
See CONVENIENCE FOOD STORES
FORTUNETELLERS AND CLAIRVOYANTS
Business and occupation tax 5.04.280
G
GARBAGE AND WASTE DISPOSAL
Municipal service taxing district for garbage and
waste disposal
Annual report 14.28.110
Auditing of books 14.28.130
Authorization to issue obligations 14.28.090
Clerk 14.28.050
Connection of on-sale sewage treatment and
disposal systems to central sewage systenl
See SEWAGE TREATMENT AND
DISPOSAL SYSTEMS
County solid waste collection., disposal and
assessment code
See SOLID WASTE
Composition., terms 14.28.040
Damaging property 14.28.170
Disposition of funds 14.28.120
Establishment 14.28.010
Governing body designated., powers
14.28.030
Hiring and regulation of personnel 14.28.070
Intent of article 14.28.180
Interlocal agreenlents 14.28.020
Menlbers not to receive conlpensation
14.28.060
Officers 14.28.100
Organization 14.28.050
Participation by nlunicipalities 14.28.080
PaYlnent of expenses 14.28.150
Quorunl 14.28.050
Record of meetings 14.28.100
Rules 14.28.100
Taxation., special assessment., service charge
14.28.140
Voters' approval of obligations 14.28.160
Voting 14.28.050
GAS PLANTS
Electric power plants., gas plants and comnlunity
television antenna conlpanies
Business and occupation tax 5.04.260
H
HANDICAPPED PERSONS
Florida keys council for the handicapped See
FLORIDA KEYS COUNCIL FOR THE
HANDICAPPED
HAZARDOUS WASTE
County administrator
Authority to seek reimbursement for costs
incurred from hazardous release 8.28.030
Duties during release of a hazardous
substance., pollutant or contaminant
8.28.020
Definitions 8.28.010
HEARING OFFICER DIVISION
Created., duties 2.12.010
HEARING OFFICERS
See SPECIAL MASTERS OR HEARING
OFFICERS
IX -12
HISTORICAL, CULTURAL, ARCHEOLOGICAL AND ARCHITECTURAL LANDMARKS
HISTORIC:AL, CULTURAL,
ARCHE~OLOGICAL AND ARCHITECTURAL
LANDIVIARKS
Land acquisition and development
Appeals 9.68.090
Assignment of the planning director's duties
and fees 9.68.100
Certificates of appropriateness 9.68.060
Criteria for the designation of historic
properties 9.68.040
Definitions 9.68.020
Historic designation process 9.68.050
Historic preservation commission 9.68.030
Maintenance of designated historic property
9.68.080
Nonconforming structures 9.68.070
Purpose 9.68.010
HISTORIC: PROPERTIES
Land acquisition and development
Tax exemption for historic properties
Additional ad valorenl tax exemptions for
properties open to the public 9.70.040
Ad valorem tax exenlption authorized for
inlprovements to historic properties
9.70.020
Ad valorem tax exenlption resolutions to be
furnished to the property appraiser
9.70.060
Chapter nonexclusive 9.70.070
Definitions 9.70.010
Loss of exemption 9.70.050
Properties eligible for the ad valorem tax
exemption
Procedure for obtaining the exemption
9.70.030
HITCHHI}(ING
Definitions 11.12.010
Effect of special laws 11.12.050
Exceptions 11.12.030
Notice 11.12.040
Prohibih~d 11.12.020
HOTELS, APARTMENT HOTELS AND
MOTELS
Business and occupation tax 5.04.190
HOUSING
See LAND ACQUISITION AND
DEVELOPMENT
HOUSING DISCRIMINATION
See DISCRIMINATION
HOUSING FINANCE AUTHORITY
Created 2.40.020
Findings of fact 2.40.010
Subject to board of county commissioners
2.40.030
HYPODERMIC SYRINGES AND NEEDLES
Sale, disposal restricted 10.04.010
IMPACT FEES
See LAND ACQUISITION AND
DEVELOPMENT
J
JUNK DEALERS
Travelingjunk dealers
Business and occupation tax 5.04.310
JURISDICTION OF CODE 1.04.050
K
KEY LARGO AREA CENTRAL SEW AGE
MUNICIPAL SERVICE BENEFIT UNIT
See PUBLIC SERVICE
KEY WEST INTERNATIONAL AIRPORT
MANAGEMENT
Enforcement 2.44.030
Management, governnlent and use 2.44.0] 0
Penalties 2.44.020
IX -13
LAND ACQUISITION AND DEVELOPMENT
L
LAND ACQUISI1'ION AND DEVELOPMENT
See FLOODPLAIN MANAGEMENT
HISTOR]CAL~ CUL TURAL~
ARCHEOLOGICAL AND
ARCHITECTURAL LANDMARKS
LANDSCAPING
PLANNING COMMISSION
SIGNS
Access standards
Access within two hundred fifty feet of
bridges prohibited 9.60.030
Clear sight triangles 9.60.070
Major road access 9.60.010
Nonconforming access 9.60.050
Parallel access 9.60.020
Tenlporary access 9.60.040
Traffic study 9.60.060
Amendnlents
Anlendnlents to this title 9.84.010
Authority 9.84.020
Procedures 9.84.040
Tinling 9.84.030
Typographical or drafting errors 9.84.050
Appeals
Action of the comnlission 9.82.050
Appeal to hearing officer 9.82.060
Authority 9.82.010
Effect of filing an appeal 9.82.040
Initiation 9.82.020
Procedures 9.82.030
Areas of critical county concern
Big pine key area of critical county concern
9.72.100
Developnlent impact report 9.72.070
Development review in an area of critical
county concern 9.72.060
Effect of designation of area of critical county
concern 9.72.050
North key largo area of critical county
concern 9.72.080
Ohio key area of critical county concenl
9.72.090
Procedures for designation 9.72.040
IX -14
Purpose 9.72.010
Standards for designation of areas of critical
county concern 9.72.030
Threshold designations 9.72.040
Beneficial use deternlinations
Final determination by BOCC 9.28.050
Generally 9.28.020
ProceduresOj standards and criteria for relief
9.28.030
Purpose 9.28.010
Relief under beneficial use 9.28.040
Building permits
Building permit required 9.20.010
Compliance requirenlents for building permit
applications requiring a ROGO or NROGC)
allocation award or subolitted under
privatized plan review 9.20.030
Deadlines for submission of building permit
applications to be entered into the
residential and nonresidential permit
allocation systenls 9.20.040
Environmental restoration standards 9.20.050
Permits and letters of coordination 9.20.020
Bulk regulations
Additional requirements for residential
dwellings 9.40.040
Applicability of required yards 9.40.050
Maxinlum height 9.40.030
Mininlum yards 9.40.010
Monuments 9.40.060
Residential dwelling permits and bulk
regulations 9.40.020
Conditional uses
Anlendnlents to permits for conditional uses
9.14.130
Authority 9.14.020
Authorized conditional uses 9.14.030
Conditional use permits and bulk regulations
9.14.060
Conditions 9.14.070
Development of regional impact 9.14.140
Developments of regional impact and
developnlent agreements 9.14.150
Development under an approved conditional
use pernlit 9.14.120
Final developnlent plan subsequent to
approval of conditional use pertnit
9. ] 4.100
Initiation 9.14.040
Major conditional uses 9.14.090
Minor conditional uses 9.14.080
Purpose 9.14.010
Recording of conditional uses 9.14.11 0
Standards applicable to all conditional uses
9.14.050
Decision-nlaking and administrative bodies
generally
Board of county conlmissioners 9.04.010
County attorney 9.04.020
County engineer 9.04.030
Hearing officer 9.04.040
Qualified biologist 9.04.050
Departnlent of planning
Building officials 9.08.050
Development review conlnlittee: 9.08.040
Deve.lopnlent review coordinator 9.08.030
Director of planning 9.08.020
Division of capital improvements planning
9.08.060
Environmental resources division 9.08.080
Generally 9.08.010
Planning division 9.08.070
Developnlent agreement authorization
Development agreement approval procedures
9.]8.020
Purpose and intent 9. 18.0 1 0
Developnlent approval as of right
Action on the application 9.12.030
Certified is districts 9.] 2.040
Pernlit
App I ication 9. 12.020
Purpose 9.12.010
Development approval generally
Actions by decision-making persons and
bodies 9.10.070
Applicability 9.10.020
Application and fees 9.10.020
Detennination of completeness and
conlpliance., except for single-family
dw(~lIings 9.10.040
IX -15
LAND ACQUISITION AND DEVELOPMENT
Hearing procedures for applications for
development approval 9.] 0.060
Notice 9.10.050
Preapplication conference 9.10.030
Successive applications 9.10.080
Suspension of development review
proceedings 9.] 0.090
Development standards
Adequate facilities and development review
procedures 9.42.020
Blocks 9.42.090
Conlpliance required 9.42.010
Curbs and gutters 9.42.130
Easements 9.42.080
Fences 9.42.200
General requirements for site improvenlents
9.42.060
Installation of utilities and driveways
9.42.] 50
Live-aboards 9.42.190
Lots 9.42.100
Monuments 9.42.120
Public sites and open spaces 9.42.1] 0
Revision of surface water nlanagement criteria
9.42.040
Sidewalks 9.42.140
Street name signs 9.42.] 70
Streets 9.42.070
Surface water management criteria 9.42.030
Traffic-control signs 9.42.180
Wastewater treatment criteria 9.42.050
Water supply and sanitary sewer service
9.42.160
Districts
See within this heading., "Land use districts."
Energy and water conservation standards
Energy conservation standards 9.46.020
Potable water conservation standards
9.46.030
Purpose of energy and water conservation
standards 9.46.0] 0
Environmental standards
Automatic high quality forest classification
9.48.070
Environmental design criteria 9.48. 130
LAND ACQUISITION AND DEVELOPMENT
Environmental design criteria for specific
habitat types 9.48.] 70
Existing conditions nlap 9.48.020
General environmental design criteria
9.48.]40
Habitat analysis definitions and approach
9.48.080
Habitat analysis for high hammocks 9.48.090
Habitat analysis for low hamnlocks 9.48.] 00
Habitat analysis for palnl hammocks 9.48.110
Habitat analysis for pinelands 9.48.] 20
Habitat analysis objective 9.48.060
Habitat analysis required 9.48.030
Habitat type analysis 9.48.050
Mitigation standards and county
environmental land nlanagement and
restoration fund. 1 9.48.150
Open space requirenlents.l 9.48.160
Purpose of environnlental perfornlance
standards 9.48.010
Shoreline setback 9.48.180
Waiver of habitat analysis 9.48.040
General provisions and definitions
Applicability 9.02.020
Definitions 9.02.040
Purpose 9.02.010
Rules of construction 9.02.030
Violations., penalties 9.02.050
Hearing officer review
Automatic stay of order to be reviewed
9.80.080
Contents of the briefs 9.80.050
Contents of the record 9.80.040
Invocation of jurisdiction 9.80.020
Jurisdiction 9.80.010
Motions and sanctions 9.80.070
Oral argunlent and the contents and effect of
the hearing officer's order 9.80.060
Preparation of the record 9.80.030
Home occupation special use pernlits
Applicability 9.36.010
Applications 9.36.020
Authority 9.36.030
Decision by the planning director 9.36.060
IX -16
Public hearing on an application for a honle
occupation special use pemlit 9.36.070
Public notification of pending approval
9.36.050
Review by the planning director 9.36.040
Revocation 9.36.080
Inlpact fees
Affordable and enlployee housing fair share
inlpact fee trust fund 9.74.120
Appeals 9.74.060
Appropriation ofinlpact fee funds 9.74.050
Definitions 9.74.020
Establishnlent of impact fee accounts
9.74.050
Fair share conlmunity park impact fee
9.74.080
Fair share library impact fee 9.74.090
Fair share police facilities impact fee
9.74.110
Fair share solid waste impact fee 9.74.100
Fair share transportation inlpact fee 9.74.070
General provisions
Applicability 9.74.030
Procedures for inlposition., calculation and
collection of impact fees 9.74.040
Purpose and intent 9.74.010
Refunds 9.74.050
Land acquisition progranl
Annual report 9.88.100
Executive director 9.88.120
Land authority
Created 9.88.030
Meetings 9.88.050
Powers 9.88.040
Land authority advisory committee
Meetings and actions 9.88.070
Powers 9.88.080
Monroe county conlprehensive plan land
authority advisory committee
Established 9.88.060
Plan of acquisition 9.88.110
Purpose 9.88.020
Se lection of parcels of land for acquisition
9.88.090
Severability 9.88.130
Short title 9.88.010
Land use districts
General purpose 9.32.010
Land use district nlap 9.32.270
Land use districts established 9.32.020
Purpose of the airport district (AD) 9.32.240
Purpose of the commercial fishing area district
(CF A) 9.32.170
Purpose of the commercial fishing special
district (CFS) 9.32.190
Purpose of the comnlercial fishing village
district (CFV) 9.32.180
Purpose of the conservation district (CD)
9.32.260
Purpose of the destination resort district (DR)
9.32.150
Purpose of the improved subdivision district
(IS) 9.32.140
Purpose of the industrial district (I) 9.32.210
Purpose of the nlainland native district (MN)
9.32.120
Purpose of the maritime industries district
(MI) 9.32.220
Purpose of the military facilities district (MF)
9.32.230
Purpose of the mixed use district (MU)
9.32.200
Purpose of the native area district (NA)
9.32.110
Purpose of the offshore island district (OS)
9.32.130
Purpose of the park and refuge district (PR)
9.32.250
Purpose of the recreational vehicle district
(R\l) 9.32.160
Purpose of the sparsely settled residential
dis1trict(SS) 9.32.100
Purpose of the sub urban commercial district
(SC:) 9.32.070
Purpose of the sub urban residential district
(linlited) (SRL) 9.32.090
Purpose of the sub urban residential district
(SR~) 9.32.080
Purpose of the urban commercial district (UC)
9.32.030
IX -1 7
LAND ACQUISITION AND DEVELOPMENT
Purpose of the urban residential district (UR)
9.32.040
Purpose of the urban residential mobile honle
district (URM) 9.32.050
Purpose of the urban residential mobile honle-
limited district (URML-L) 9.32.060
Land use intensity and density
Affordable and enlployee housing
Administration 9.38.060
Conlnlercial retail and multiple land use
intensities and district open space 9.38.100
Existing residential dwellings 9.38.080
Inlproved subdivision and conlmercial fishing
village district densities 9.38.030
Maxinlum hotel-motel., recreational vehicle
and institutional residential densities
9.38.070
Maximum nonresidential land use intensities
and district open space (1) 9.38.090
Maximum residential density and district open
space 9.38.020
Purpose and intent 9.38.010
Transferable developnlent rights 9.38.050
Urban residential mobile home district density
9.38.040
Nonconformities
Nonconforming accessory uses and accessory
structures 9.26.050
Nonconforming live-aboard vessels 9.26.070
Nonconfomling signs., parking, landscaping.,
lighting., access, and bufferyards 9.26.060
Nonconforming structures 9.26.040
Nonconforming uses 9.26.030
Purpose 9.26.010
Registration 9.26.020
Nonresidential rate of growth ordinance
Administrative relief 9.24.090
Application procedures for NROGO 9.24.070
Definitions 9.24.020
Enlployee housing fair share impact fee
9.24.110
Evaluation criteria 9.24.100
Evaluation procedures for nonresidential floor
area allocation 9.24.080
General provisions 9.24.030
LAND ACQUISITION AND DEVELOPMENT
NROGO allocations 9.24.060
Purpose and intent 9.24.0 I 0
Type of development affected 9.24.040
Type of developnlent not affected 9.24.050
Outdoor lighting
Maxinlunl illunlination 9.56.030
Outdoor lighting 9.56.010
Outdoor lighting standards 9.56.020
Shielding of nonresidential lighting 9.56.040
Waterfront lighting 9.56.050
Parking and loading standards
Parking agreements 9.50.030
Purpose and intent 9.50.0 I 0
Required number and size of off-streetloading
spaces 9.50.040
Required off-street parking 9.50.020
Restriction on use of parking and loading
spaces 9.50.050
Pernlits
Building permits. See within this heading.,
"Building pernlits."
V acation rental permits. See within this
heading., "Vacation rental permits."
Pernlitted uses
Aggregation of developnlent 9.34.280
Agricultural/aquaculturaluse overlay (a)
9.34.290
AICUZ overlay 9.34.350
Airport district (AD) 9.34.240
Coastal barrier resources system overlay
district 9.34.340
Commercial fishing area district (CF A)
9.34.170
Comnlercial fishing residential 9.34.270
Commercial fishing special district (CFSD)
9.34.190
Conlnlercial fishing village district (CFV)
9.34.180
Conservation district (CD) 9.34.260
Destination resort district (DR) 9.34.150
Educational use overlay (E) 9.34.300
General 9.34.010
Improved subdivision district 9.34.140
Improved subdivision district (IS) 9.34.130
Industrial district (I) 9.34.210
IX -1 8
Institutional use overlay (INS) 9.34.310
Mainland native area district (MN) 9.34.110
Maritinle industries district (MI) 9.34.220
Military facilities district (MF) 9.34.230
Mixed use district (MU) 9.34.200
Native area district (NA) 9.34.100
Offshore island district (OS) 9.34.120
Park and refuge district (PR) 9.34.250
Public buildings/grounds use overlay (PB)
9.34.330
Public facilities use overlay (PF) 9.34.320
Recreational vehicle district (RV) 9.34.160
Sparsely settled residential district (SS)
9.34.090
Sub urban commercial district (SC) 9.34.050
Sub urban residential district (limited) (SR-L)
9.34.080
Sub urban residential district (SR) 9.34.070
Urban comnlercial district (UC) 9.34.020
Urban mobilehonle
Linlited district (URM-L) 9.34.060
Urban residential district (UR) 9.34.030
Urban residential nlobilehome district (URM)
9.34.040
Vacation rental district 9.34.140
Plat approval
Acceptance of public inlprovements 9.16.080
Amendnlent of a recorded final plat 9.16.140
Danlage and nuisance guarantee 9.16.070
Final plat approval 9. 16.040
General standards for plat approval 9.16.020
Improvement guarantees 9.16.050
Limitations as to county maintenance
9.16.090
Maintenance of private improvements
9.16.100
Plat approval and recording required 9.16.010
Preacceptance maintenance of public
itnprovements 9.16.060
Preliminary plat approval 9.16.030
Recording of final plat 9.16.110
Vacation 9.16.130
Variances to required subdivision
improvenlents 9.16.120
Progranl. See Within this heading., "land
acquisition program."
Rentals
V acation rental permits. See within this
heading., "Vacation rental pernlits."
Residential rate of growth ordinance (RaG)
Affected area 9.22.040
Appeals 9.22.130
Application procedures 9.22.100
Definitions 9.22.020
Evaluation criteria 9.22.120
Evaluation procedures for residential dwelling
unit allocation 9.22.110
General provisions 9.22.030
Moratorium on new transient units 9.22.070
Moratorium on off-site transfer of recreational
vehicle spaces 9.22.080
Purpose and intent 9.22.010
Residential RaGa allocations 9.22.090
Type of development affected 9.22.050
Type of development not affected 9.22.060
Resource extraction
Compliance required 9.62.010
Resource extraction standards 9.62.020
Restoration standards 9.62.030
Scenic corridors and bufferyards
Bufferyard standards 9.54.050
District boundary buffers 9.54.030
Generally 9.54.010
Nonconforming buffers 9.54.070
Required scenic corridor and major street
buffers 9.54.040
Responsibility for district boundary
bufferyards 9.54.060
Scenic corridor 9.54.020
Standards
Development standards. See within this
heading., "Developnlent standards."
Energy and \vater conservation standards. See
within this heading, "Energy and water
conservation standards."
Environmental standards. See within this
heading., "f:nvironmental standards."
V acation rental permits
IX-19
LAND ACQUISITION AND DEVELOPMENT
Duration and renewal of special vacation
rental use pernlit 9.76.090
Exenlptions 9.76.020
Fines or revocation of special vacation rental
use permit 9.76.080
Notification to adjacent neighbors and permit,
approval., issuance and appeal 9.76.070
Pernlit., license and fees 9.76.040
Prohibitions, enforcement, and penalties
9.76.110
Regulations 9.76.050
Special vacation rental permit 9.76.010
Special vacation rental permit application
9.76.060
Vacation rental manager license 9.76.030
Application., issuance., renewal, fines and
revocation 9.76.100
Variances
Application 9.78.030
Authority and scope of authority 9.78.020
Decision 9.78.050
Decision by the planning director 9.78.090
Procedures 9.78.040
Public hearing by the planning conlmission
9.78.100
Public notification of proposed approval
9.78.080
Purpose 9.78.010
Special accessibility setback variance
9.78.070
Standards 9.78.060
Variances granted by planning commission
9.78.110
Vested rights determinations
Application linlitation 9.30.020
Limitations on vested rights determinations
9.30.050
Procedure for vested rights determinations
9.30.030
Purpose 9.30.010
Standards and criteria for vested rights
9.30.040
LANDMARKS
LANDMARKS
See HISTORICAL~ CUL TURAL~
ARCHEOLOGICAL AND
ARCHITECTURAL LANDMARKS
LANDSCAPING
Landscape nlaterial 9.52.030
Landscaping installation criteria 9.52.040
Landscaping nlaterials 9.52.070
Landscaping standards 9.52.020
Renloval or major pruning 9.52.050
Required landscaping 9.52.010
Street trees 9.52.060
LAND USE DISTRICTS
See LAND ACQUISITION AND
DEVELOPMENT
LAND USE REGULATIONS
Abandoned vehicles 9.86.010
Abandoned watercraft 9.86.030
Animals 9.86.150
Authority to enter upon private property
9.86.040
Aviation hazards 9.86.140
Condominiunls 9.86.060
Construction trailers 9.86.130
Deed restrictions 9.86.070
Moving of buildings 9.86.080
No camping on county property 9.86.050
No overnight camping 9.86.040
Occupational licenses 9.86.090
Parking of trucks, trailers and travel trailers
9.86.100
Storage of tlamnlable liquids 9.86.110
Use of public right-of-way 9.86.120
LAW LIBRARIES
Board 2.48.050
Commissioners to provide space 2.48.040
Declaration of need 2.48.010
Effect on preceding libraries 2.48.080
Established 2.48.020
Fund 2.48.030
Librarian 2.48.060
Purchase of books, property 2.48.070
LIBRARIES
See LA W LIBRARIES
PUBLIC LIBRARIES
LIBRARY ADVISORY BOARD
Creation 4.20.020
Declaration of legislative intent 4.20.010
Duties 4.20.060
Menlbership, qualifications and terms 4.20.030
Organization~ quorum and meetings 4.20.050
Renloval of nlembers 4.20.040
LIQUIFIED PETROLEUM GAS
DISTRIE3UTORS, INSTALLERS AND
MANUFACTURERS
Business and occupation tax 5.04.320
LOBBYING
Former officers and enlployees
Appearance relating to procurenlent of goods
and services 2.24.030
County's right to ternlinate procurement for
goods., services 2.24.050
Definitions 2.24.010
Denial of procurement of goods~ services for
unauthorized use of former county officer~
employee 2.24.040
Lobbying regulated 2.24.020
Prosecution of fornler officer., employee
Lobbying 2.24.060
Procurenlent of goods and services
2.24.070
LOST OR ABANDONED PROPERTY
Definitions 2.56.010
Procedures 2.56.020
M
MARATHON MUNICIPAL SERVICE TAXING
UNIT
See PUBLIC SERVICE
IX-20
MEDICAI-I SERVICES
See E~v1ERGENCY AND NONEMERGENCY
]\1EDICAL SERVICES
MONIES
See REIMBURSEMENT POLICY
MONROE, COUNTY GENERAL PURPOSE
MUNICIPAL SERVICE
See PlJBLIC SERVICE
MONROE COUNTY TELECOMMUNICATIONS
AUTHC)RITY
Appeals 4.32.080
Authority 4.32.020
Evaluation., compliance and enforcement
4.32.090
Hearing procedures 4.32.070
Membership 4.32.030
Public complaints 4.32.050
Purpose 4.32.010
Reconsideration and hearing 4.32.060
Reimbursement of expenses 4.32.100
Requests for increases or other changes in
subsclriber rates and fees by cable television
systerns 4.32.040
MONROE COUNTY TOURIST
DEVEL10PMENT COUNCIL
Advisory committees 4.36.040
Annual report 4.36.020
Appointment and menlbership 4.36.010
Duties 4.36.020
Executive director 4.36.030
Tax coll,ection district boundaries 4.36.050
MOORS
Mooring fields See BOA TS,DOCKS AND
W PlTERW A YS
MOTOR FUEL TAX
Collection 3.20.020
Distribution of proceeds 3.20.050
Effectiv(~ period 3.20.030
Inlposed 3.20.010
Use of proceeds 3.20.040
MEDICAL SERVICES
MOTOR VEHICLES
See COUNTY VEHICLES
MOTOR VEHICLE TITLE LOANS
PARKING
WRECKER BUSINESSES
Abandoned vehicles
Land use regulations 9.86.010
Moving violations
Surcharge for oloving traffic violations
11.]6.010
MOTOR VEHICLE TITLE LOANS
Additional relnedy to borrower
Private right of action 5.24.070
Definitions 5.24.010
Licenses 5.24.050
Maximum interest rate 5.24.030
Transaction period for regulations., restrictions
and licensure provisions 5.24.080
Transactions 5.24.020
Transaction satisfaction and default 5.24.040
V iolations and penalties 5.24.060
MOVING VIOLATIONS
Surcharge for moving traffic violations
] ].]6.0]0
MUNICIPAL SERVICE TAXING BENEFIT
DISTRICTS
Public service See PUBLIC SERVICE
N
NOISE CONTROL
Applicability 8.32.010
Definitions 8.32.020
Emergency exception 8.32.040
Liability
Penalties and enforcement 8.32.070
Motor vehicle noise emissions 8.32.050
Other remedies and citizen suits 8.32.080
Prohibition against unreasonable noise 8.32.030
Sound-proofing requirement 8.32.030
Special variance 8.32.060
IX-21
NOISE POLLUTION
NOISE POLLUTION
Boats., docks and waterways
Noise pollution and exhaust regulations
State noise pollution and exhaust
regulations adopted 12.32.010
NUDITY
Public display of nlaterials depicting hunlan
nudity and sexual organs 10.04.020
NUISANCE
Appeals 8.36.050
Conduct of hearings 8.36.040
Definitions 8.36.010
Enjoining of nuisances 8.36.060
Nuisance abatenlent board
Organization 8.36.020
Operating procedures 8.36.030
Rights preserved 8.36.070
o
OBSCENITY
Applicability 10.08.030
Definitions 10.08.010
General law preemption 10.08.040
Prohibition 1 0.08.020
Public display of nlaterials depicting human
nudity and sexual organs 10.04.020
Violations., penalties 10.08.050
OCCUPATIONAL LICENSES
Land use regulations 9.86.090
OFFICERS AND EMPLOYEES
See PERSONNEL POLICIES AND
PROCEDURES REVIEW BOARD
Fornler officers and employees
See LOBBYING
OPEN CONTAINERS
Alcoholic beverages
Possession of open containers of alcoholic
beverages 10.04.030
ORDINANCES
Repeal of ordinances
Effect of repeal of ordinances 1.04.040
OUTDOOR LIGHTING
Land acquisition and developnlent
Maxinlunl illunlination 9.56.030
Outdoor lighting 9.56.010
Outdoor lighting standards 9.56.020
Shielding of nonresidential lighting 9.56.040
Waterfront lighting 9.56.050
P
PARKING
Civil penalty for illegal parking at courthouse
11.08.020
Civil penalty for illegal parking at public works
garage 11.08.050
Civil penalty for illegal parking between paved
roadways of north and south airport drive
11.08.040
Civil penalty for illegal parking on U.S. 1 right-
of-way 11.08.030
Collection of civil parking penalties 11.08.070
Disabled parking space violations 11.08.010
Parking of trucks., trailers and travel trailers
9.86.100
Parking 011 county roads prohibited during
certain tinles for street cleaning 11.08.080
Penalties 11.08.060
Signs to be erected 11.08.060
PARKING AND LOADING STANDARDS
Land acquisition and developnlent
Parking agreements 9.50.030
Purpose and intent 9.50.010
Required nunlber and size of off-streetloading
spaces 9.50.040
Required off-street parking 9.50.020
Restriction on use of parking and loading
spaces 9.50.050
IX-22
PARKS
ConsuITLption of alcoholic beverages on public
beaches and parks 13.28.020
County parks and beaches in unincorporated
areas to be closed during certain hours
13.28.010
Specific: county parks
Higgs Beach county park 13.32.020
Rules of conduct and operational procedure
for certain parks 13.32.040
The Pines County park 13.32.010
Ultrallight aircraft prohibited at certain county
boat ramps 13.32.030
V iolations., penalties 13.28.030
PARKS AND RECREATION BOARD
Compensation 4.04.060
Created 4.04.010
Disqualilfication of members 4.04.060
Duties 4.04.050
Funding 4.04.070
Meetings 4.04.060
Membership 4.04.020
Officers 4.04.040
Reports 4.04.060
Ternl of office 4.04.030
P A WNBR10KERS
Business and occupation tax 5.04.360
PENAL TIl~S
Prohibitl~d acts
General penalty., use of funds 1.16.010
PERMITS
See BL)~STING AND EXPLOSIVES
Alcoholiic beverage sales 5.08.020
Building permits., inspections and certificates of
occupancy
See BUILDINGS AND CONSTRUCTION
LAND ACQUISITION AND
DEVELOPMENT
Floodplain management
Standards for issuance of building permits in
areas of special flood hazards 9.44.040
IX-23
PARKS
Honle occupation special use permits
See LAND ACQUISITION AND
DEVELOPMENT
Public assembly pernlits See ASSEMBLY
Right-of-way
Public right-of-way use pernlits See RIGHT-
OF-WAY
Vacation rental pernlits
See LAND ACQUISITION AND
DEVELOPMENT
PERMITTED USES
See LAND ACQUISITION AND
DEVELOPMENT
PERSONNEL POLICIES AND PROCEDURES
REVIEW BOARD
Creation and purpose 4.24.010
Election of officer and duties 4.24.040
Meetings 4.24.050
Membership 4.24.030
Procedures 4.24.020
PLANNING COMMISSION
Land acquisition and developnlent
Creation 9.06.010
Meetings., hearings and procedure 9.06.080
Membership
Appointnlent., removal., terms., and
vacancies 9.06.040
Powers and duties 9.06.020
Qualifications for membership 9.06.030
Quorum and necessary vote 9.06.070
Recording secretary 9.06.050
Staff 9.06.060
Members
Compensation 2.72.010
PLA TS
See LAND ACQUISITION AND
DEVELOPMENT
PRICE GOUGING DURING EMERGENCIES
Definitions 5.28.040
Enforcenlent 5.28.060
PUBLIC LIBRARIES
Prohibitions against price gouging 5.28.050
Purpose 5.28.030
Regulatory authority 5.28.020
Short title 5.28.010
PROCLAMA TIONS
Authority of mayor to issue proclamations
without consent of board of county
conlmissioners 2.72.040
PROHIBITED ACTS
General penalty~ use of funds 1.16.010
PROPERTY TAXES
Honlestead exemption for certain persons age
sixty-five or older 3.24.020
Land authority exempt from non-ad valorenl
assessments 3.24.010
PUBLIC INDECENCY
Public display of materials depicting human
nudity and sexual organs 10.04.020
PUBLIC LIBRARIES
Areas affected 2.52.050
Declaration of purpose 2.52.010
Rules of conduct 2.52.020
Rules of conduct displayed 2.52.040
Violations 2.52.030
PUBLIC SERVICE
Bay Point nlunicipal service taxing unit
Authority and purpose 14.20.020
Authorization of ad valorenl taxes 14.20.040
Creation of nlunicipal service taxing unit
14.20.030
Implenlentation 14.20.050
Title 14.20.010
Use of revenue 14.20.050
Big Coppitt municipal service taxing unit
Authority and purpose 14.24.020
Authorization of ad valorenl taxes 14.24.040
Creation of municipal service taxing unit
14.24.030
Inlplenlentation 14.24.050
IX-24
Title 14.24.010
Use of revenue 14.24.050
Conch Key nlunicipal service taxing unit
Authority and purpose 14.16.020
Authorization of ad valorem taxes 14. 16.040
Creation of nlunicipal service taxing unit
14.16.030
Inlplenlentation 14.16.050
Title 14.16.010
Use of revenue 14.16.050
Inspection and conlpliance progranl for
unknown and unpernlitted on-site sewage
treatment and disposal systenls
Applicability 14.36.020
Certain properties declared cold spots for a
linlited purpose 14.36.050
Enforcenlent 14.36.040
OSTDS permitting procedure 14.36.030
Purpose and intent 14.36.010
Key Largo area central sewage nlunicipal
service benefit unit
Adoption of assessment resolutions and non-
ad valorenl rolls 14.48.090
Clerk designated
Duties 14.48.080
Contractual requirenlents 14.48.060
Creation ofMSBU 14.48.010
Establishnlent 14.48.020
Governing body
Designated 14.48.030
Powers and duties 14.48.040
Levy of non-ad valorem assessment
14.48.050
Use of county personnel for MSBU tasks
14.48.070
Marathon municipal service taxing unit
Authority and purpose 14.12.020
Authorization of ad valorenl taxes 14.12.040
Creation of municipal service taxing unit
14.12.030
Implementation 14.12.050
Title 14.12.010
Use of revenue 14.12.050
Monroe county general purpose municipal
servIce
Acquisition of property 14.04.070
Annual report
Fiscal year 14.04.140
Audit of books 14.05.060
Clerk 14.04.050
Conlpensation of nlembers ] 4.04.050
Created ] 4.04.010
Deposit., disbursenlent of funds 14.04.090
Dutie's of officers ] 4.04.130
Effective date of anlendments 14.04.190
Effect on previous legislation ] 4.04.200
Expenditures ] 4.04.100
Governing body 14.04.030
Hiring of personnel 14.04.020
Meetilngs 14.04.130
Nam{~ of district ] 4.04.020
Paynlent by municipalities under interlocal
agreement 14.04.030
Payment of expenses authorized 14.04.180
Powers of district governing body 14.04.040
Purposes 14.04.010
Referendum required for inlposition of tax
] 4.04. ] 70
Right of governing body to borrow 14.04.080
Services of independent contractors permitted
] 4.04.020
Tax levy authorized 14.04.160
Warrant required for payment of district funds
] 4.04. ] 50
Municipal service taxing benefit districts
See GARBAGE AND WASTE DISPOSAL
Amendments 14.08.210
Annual report of board
Fisl:;al year 14.08.130
Article to be full authority for projects
] 4.108.220
Auditing of books 14.08.050
Authority to borrow ]4.08.070
Authority to purchase services 14.08.100
Boundaries 14.08.010
Damaging property of districts
Punishment 14.08.200
Deposit., handling funds 14.08.080
Duties of officers of board ] 4.08.120
Each district to be separate political entity
] 4.08.020
IX-25
RELIGION
Exemption fronl licensing., requirements
] 4.08.220
Funds to be paid out only on warrant of clerk
] 4.08. ] 40
Governing body 14.08.040
Incorporation 14.08.010
Interlocal agreenlents 14.08.] 10
lnterlocal agreenlents with municipalities
14.08.030
Jurisdiction of board 14.08.220
Lawful uses of funds 14.08.090
Local road patrol law enforcement district
14.08.230
Organizational and administrative expenses
] 4.08.1 70
Power to purchase., hold property 14.08.060
Tax levy
Generally 14.08.150
When referendum is required 14.08.] 60
Voter approval of obligations 14.08.190
Yearly publication of income statement
required 14.08.180
R
RELIGION
Tenants
Business and occupation tax
Exemption 5.04.140
RENTALS
Vacation rental permits
See LAND ACQUISITION AND
DEVELOPMENT
REPEAL OF ORDINANCES
Effect of repeal of ordinances 1.04.040
REVENUE AND FINANCE
See EXPENSES
RISK MANAGEMENT PROGRAM
Bond financing
Additional authority 3.12.120
Authority 3.12.020
RIGHT-OF-WAY
Findings 3.12.030
Investnlent of funds 3.12.090
Negotiability 3.12.080
No impairnlent 3.12.100
ObI igations 3.] 2.050
Powers vested in board
Exercise 3.12.110
Referendum 3.12.1] 0
Projects 3.12.040
Refunding obligations 3.] 2.060
Security 3.12.070
Short title 3.12.0] 0
Capital projects
Authorization of bonds 3.40.030
Authorization of projects 3.40.010
Bonds legal investments 3.40.060
Bonds negotiable instruments 3.40.] 00
Chapter to be supplenlental authority
3.40.110
Costs of projects 3.40.080
Funding of art in new public construction and
nlajor renovation projects 3.40.020
No inlpairment of contract 3.40.090
No referendum required 3.40.070
Powerofboard 3.40.120
Refunding bonds 3.40.040
Security for bonds 3.40.050
Charitable appropriations by county
Council on The Aging., Inc.
Honlemaker progranl 3.16.020
Nutrition progranl 3.16.0 10
Disbursal of funds for senior community
service project 3.16.060
Guidance clinic of the middle keys 3.16.050
Health systenls agency of south Florida
3.16.030
Volunteer anlbulance services 3.16.040
RIGHT-OF-WAY
Abandonment of rights-of-way 13.04.010
Public right-of-way use permits
Access driveways 13.08.120
Appeals 13.08.170
Application procedures 13.08.090
Construction standards and specifications
13.08.130
Definitions 13.08.060
Emergency repairs 13.08.160
Exemptions 13.08.040
Fees 13.08.140
General provisions 13.08.110
Insurance and bonding 13.08.100
New utility construction in the county right-
of-way of loop road., mainland., Monroe
county 13.08.030
Pernlit required 13.08.030
Pernlit review by the county public works
director 13.08.050
Public and private utility 13.08.070
Purpose and intent 13.08.020
Relocation upon notice by the public works
director 13.08.150
Restoration and penalty 13.08.190
Short title 13.08.010
Special provisions and general permits
13.08.070
Time limits 13.08.180
Use of public right-of-way 9.86.120
RISK MANAGEMENT PROGRAM
Claims administration 3.08.030
Costs of administration 3.08.070
Creation of progranl 3.08.010
Legal services 3.08.060
Payment of clainls 3.08.040
Subrogation 3.08.050
Uninsured loss fund 3.08.020
S
SAFE NEIGHBORHOOD IMPROVEMENT
DISTRICTS
Authorized 13.20.010
Method of establishment 13.20.020
SALES SURTAX
Bonds 3.28.060
Distribution of funds 3.28.020
IX-26
Duration of surtax 3.28.030
Effect on existing fees, taxes 3.28.050
Expenditure of funds 3.28.040
Levied 3.28.010
SCENIC C~ORRIDORS AND BUFFERY ARDS
Land acquisition and development
Bufferyard standards 9.54.050
District boundary buffers 9.54.030
Generally 9.54.010
Nonconforming buffers 9.54.070
Required scenic corridor and major street
buffers 9.54.040
Responsibility for district boundary
bufferyards 9.54.060
Scenic corridor 9.54.020
SCHOOLS AND COLLEGES
Business and occupation tax 5.04.410
SCRAP METAL PROCESSORS AND JUNK
DEALE-RS
Business and occupation tax 5.04.300
SEA TUR~rLE PROTECTION
Definitions 7.16.010
Prohibition of activities disruptive to sea turtles
7.16.020
Protection from predation 7.16.060
Standards for exterior artificial lighting 7.16.030
Standards for interior artificial lighting 7.16.040
Standards for mechanical beach cleaning
17.16.050
Violation, penalty 7.16.070
SERVICE IOF PROCESS
County t~mployees accepting service of process
on behalf of other employees prohibited
2.72.020
SEWAGE 'TREATMENT AND DISPOSAL
SYSTEJvlS
Connection of on-sale sewage treatment and
disposal systems to central sewage system
Areas where effective 14.40.070
SCENIC CORRIDORS AND BUFFERY ARDS
Authority and purpose 14.40.030
Connection of existing on-site sewage
treatnlent and disposals systenls to central
sewerage systenl 14.40.060
Connection to authority facilities
Findings 14.40.040
Definitions 14.40.010
Enforcement 14.40.080
Interpretation and construction 14.40.020
Mandatory connection to authority facilities
14.40.050
SEXUALLY ORIENTED BUSINESSES
Land acquisition and development
Applicability 9.66.030
Definitions 9.66.020
Nonconforming uses 9.66.040
Purpose and intent 9.66.010
SHARED ASSET FORFEITURE FUND
ADVISORY BOARD
Establishment 4.28.010
Procedure for disbursement of funds 4.28.030
Saff fund 4.28.020
SIGNS
Land acquisition and development
Applicability 9.58.030
Criteria for variances 9.58.090
Dangerous signs 9.58.050
Definitions 9.58.020
Nonconforming signs 9.58.100
Prohibited signs 9.58.040
Purpose and intent 9.58.010
Regulations pertaining to the measurement,
construction, and nlaintenance of all signs
9.58.080
Signs not requiring a pernlit 9.58.060
Signs requiring a permit and specific
standards 9.58.070
SNORKELING
Diving and snorkeling See BOATS, DOCKS
AND WATERWAYS
SOLID WASTE
IX-27
SPEARGUNS
County solid waste collection., disposal and
assessment code
Assessment
Adoption of addendum ] 4.32.] 90
Adoption of rate resolution and annual solid
waste assessnlent roll 14.32.] 70
Calculation of tinle periods ] 4.32.270
Correction of errors and omissions~ petition
to board 14.32.260
Creation of unit 14.32.] 40
Election of collection procedures
14.32.200
Enforcement of delinquent solid waste
assessments ] 4.32.240
Imposition of liens under alternative
collection procedure 14.32.230
Interim collection service charge on ne\v
construction 14.32.250
Prima facie evidence of accunlulation of
waste ] 4.32. ] 50
Revision of rate resolution 14.32.] 80
Solid waste assessment 14.32.160
Uti lization of statutory collection
procedures 14.32.210
Utilization of the alternative collection
procedures 14.32.220
Collection and disposal
Construction waste ] 4.32.1 00
Description of service 14.32.060
Duties of collector 17.32.080
Mandatory disposal of solid waste
] 4.32.050
Prohibited acts 14.32.110
Regulation of collectors 14.32.070
Remedies 14.32.130
Responsibility of property owners
17.32.090
Violations., penalties 14.32.120
General provisions
Definitions 14.32.020
Findings ] 4.32.030
Short title 14.32.010
Statement of intent 14.32.040
SPEARGUNS
Penalties 8.44.030
Prohibited activity 8.44.020
Speargun defined 8.44.010
SPECIAL MASTERS OR HEARING OFFICERS
Disqualification of
Appeals 2.16.040
Criteria to be considered in ruling on ITIotion
2.16.020
Form of ITIation for disqualification
Filing 2.16.010
Grounds upon which motion to be based
2.16.010
When prior disputes not to be considered
2.] 6.030
SPEED LIMITS
Establishnlent of county speed zones 11.04.010
T
TELECOMMUNICA TIONS
Monroe county telecommunications authority
See MONROE COUNTY
TELECOMMUNICA TIONS
AUTHORITY
TELEPHONE SYSTEMS
See EMERGENCY TELEPHONE SERVICE
Business and occupation tax 5.04.420
THEATERS
Business and occupation tax
Theaters that are permanent in nature
5.04.350
TOLLS
Card Sound road and toll bridge facility tolls
Described 13.12.010
Toll schedule 13.12.020
Useofotherfunds 13.12.040
Use of revenue 13.12.030
IX-28
TOU~STSANDTOU~SM
See :MONROE COUNTY TOURIST
DEVELOPMENT COUNCIL
Tourist development tax
Collection 3.32.020
Levy of tourist development tax 3.32.010
Modification of tourist development plan
3.32.060
Penalties and liens 3.32.040
Repeal of the tourist developnlent tax
3.32.050
Tourist development plan 3.32.030
Tourist inlpact tax in critical areas
City of Key West 3.36.020
Monroe county 3.36.010
TRAFFIC EDUCATION FUND 11.16.020
TURTLES
See SEA TURTLE PROTECTION
v
V ARIANC:ES
See L,AND ACQUISITION AND
DEVELOPMENT
VENDINCi MACHINES
Business and occupation tax 5.04.450
VESSELS
Boats., docks and waterways
V esse I registration fees
County authorized to enter into interlocal
agreements with municipalities for
dlistribution of fees 12.24.030
Imposition of county annual vessel
registration fee 12.24.010
U St~ of the county annual vessel registration
tee 12.24.020
Vessel restricted zones
Boat restricted zones established 12.20.030
Definitions 12.20.020
EXt:~mptions 12.20.080
IX-29
TOURISTS AND TOURISM
Hold harnlless agreement authorized
12.20.060
New vessel restricted areas ) 2.20.050
Purpose 12.20.0) 0
Vessel use restriction zone delineation
markers 12.20.040
Violations., penalties 12.20.070
VETERANS AFFAIRS OFFICE
Administrative control of veterans affairs office
2.72.050
w
WASTEWATER ASSESSMENTS
Adoption of annual rate resolution 14.60.120
Adoption of final assessment resolution
14.60.100
Collection and use of annual wastewater
assessments
Alternative method of collection 14.60.180
Government property 14.60. ) 70
Method of collection 14.60. ) 70
Conditions on election to pay the assessable
costs in installments 14.60.070
Correction of errors and omissions 14.60.160
Effect of final assessment resolution 14.60.110
General authority 14.60.050
General provisions
Alternative nlethod 14.60.210
Applicability 14.60.200
Initial assessnlent roll 14.60.080
Initial proceedings 14.60.060
Introduction
Definitions 14.60.010
General findings 14.60.030
Interpretation 14.60.020
Legislative determinations of special benefit
14.60.040
Lien of annual wastewater assessments
14.60.130
Notice by publication 14.60.090
Procedural irregularities 14.60.150
Revisions to annual wastewater assessments
14.60.140
W ASTEW A TER CONNECTION STANDARDS
W ASTEW A TER CONNECTION STANDARDS
Applicability 14.44.030
Conflicts with other laws or regulations
14.44.090
Definitions 14.44.040
General direction 14.44.080
Hydrostatic test 14.44.050
Infiltration and inflow (1/1) 14.44.060
Ownership of systenl constructed by private
property owner 14.44.070
Purpose 14.44.020
Short title 14.44.01 0
WATER AND IRRIGATION CONSERVATION
Applicability 14.52.010
Authority 14.52.010
Definitions 14.52.030
Exemptions 14.52.050
Purpose 14.52.020
Restrictions 14.52.040
Short title 14.52.0] 0
Variance relief 14.52.070
Violations., penalties 14.52.060
WATER COMPANIES AND SEWAGE
DISPOSAL COMPANIES
Business and occupation tax 5.04.460
WATER SHORTAGE REGULATIONS
Amendments to water shortage plan 14.56.040
Application of article 14.56.030
Declaration of water shortage 14.56.050
Definitions 14.56.020
Enforcement 14.56.060
Intent and purpose 14.56.010
Violations., penalties 14.56.070
Water shortage emergency 14.56.050
Water users to accept provisions of article
14.56.080
WATERWAYS
See BOATS., DOCKS AND WATERWAYS
WIRELESS COMMUNICATIONS FACILITIES
Abandonment 9.64.080
Applicability 9.64.030
Definitions 9.64.020
Development standards 9.64.050
Expert review 9.64.060
Purpose and intent 9.64.010
Uses by land use district 9.64.040
Variance 9.64.070
WOMEN
See COMMISSION ON THE STATUS OF
WOMEN
WRECKER BUSINESSES
Definitions 5.32.0] 0
Insurance requirements 5.32.030
Jurisdiction 5.32.060
Rates 5.32.040
Storage facilities 5.32.050
Violations., penalties 5.32.070
Wrecker classification and required equipnlent
5.32.020
IX-30