Ordinance 027-1983ORDINANCE NO.027 -1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR
APPEAL OF ZONING BOARD DECISION ON
PRELIMINARY AND FINAL DEVELOPMENT PLAN TO
BOARD OF COUNTY COMMISSIONERS PURSUANT TO
SECTION 8(2), CHAPTER 61-2503, LAWS OF
FLORIDA; TO PROVIDE FOR LAPSE OF PRELIMINARY
DEVELOPMENT PLAN WITHIN ONE YEAR FROM ZONING
BOARD OR BOARD OF COUNTY COMMISSIONERS'
ACTION; PROVIDING FOR SEVERABILITY; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE HEREBY
REPEALED; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1. Section 6-234(e), Monroe County Code, is hereby
amended to read as follows:
Sec. 6-234(e)
Approval of the preliminary development plan shall not
constitute acceptance of the final development plan, provided,
however, that any decision by the Zoning Board on the preliminary
development approval shall be subject to appeal to the Board of
County Commissioners pursuant to Section 8(2), Chapter 61-2503,
Laws of Florida (1961). The approval of the preliminary
development plan shall lapse unless a final development plan
based thereon is submitted within one year from the date of such
approval by the Zoning Board, or, if appealed pursuant to Section
8(2), Chapter 61-2503, Laws of Florida within one year from the
date the Board of County Commissioners renders its decision
affirming such approval. An extension of time may be applied for
within 12 months from the issuance of approval of the preliminary
order, by the developer and granted by the Zoning Board. If the
preliminary development plan is conditionally approved, the
Zoning Board shall issue written authorization to the applicant
to prepare a final development plan of the proposed development
to be submitted to the zoning official.
Any person or persons, jointly or severally, who may be
aggrieved by anv decision of the Board of County Commissioners
made pursuant to a review of any decision or action of the Zoning
Board or the Board of Adjustment, or any taxpayer, may within
thirty (30) days after such decision, but not thereafter, apply
to said Circuit Court for relief. This thirty day period shall
start after a final decision of the Board of County
Commissioners, and not after a preliminary approval or denial of
a PUD project plat by the Zoning Board.
Section 2. If any section, subsection, sentence, clause or
provision of this Ordinance is held invalid, the remainder of
this Ordinance shall not be affected by such invalidity.
Section 3. All ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed to the extent of
said conflict.
Section 4. The provisions of this Ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 5. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office and shall apply to any decision or
approval of the Zoning Board covered hereby which was adopted
prior to the effective date of this Ordinance but where the
appeal period from such approval or decision is running as of the
effective date of this Ordinance.
(SEAL)
Attest:
Cle
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By LIN,'
Mayor Chairman
APP ED AS TO FORM
A LE AL SUFFICIENCY.
BY
Attorney's Office
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Friday, October 28, 1983, at 5:00 P.M. in Courtroom B, Monroe
County Courthouse Annex, 500 Whitehead Street, Key West, Monroe
County, Florida, and on Friday, November 10, 1983, at 5:00 P.M.
at the Plantation Governmental Center, Plantation Key, Monroe
County, Florida, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO. -1983
AN ORDINANCE OF MONROE COUNTY, FLORIDA, BOARD
OF COUNTY COMMISSIONERS AMENDING SECTION
6-234(e), MONROE COUNTY CODE, TO PROVIDE FOR
APPEAL OF ZONING BOARD DECISION ON
PRELIMINARY AND FINAL DEVELOPMENT PLAN TO
BOARD OF COUNTY COMMISSIONERS PURSUANT TO
SECTION 8(2), CHAPTER 61-2503, LAWS OF
FLORIDA; TO PROVIDE FOR LAPSE OF PRELIMINARY
DEVELOPMENT PLAN WITHIN ONE YEAR FROM ZONING
BOARD OR BOARD OF COUNTY COMMISSIONERS'
ACTION; PROVIDING FOR SEVERABILITY; PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE ARE HEREBY
REPEALED; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings, he will need a record of the proceedings, and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
DATED at Key West, Florida, this 30th day of September,
1983.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida
and ex officio Clerk of the
Board of County Commissioners
of Monroe County, Florida
(SEAL)
74
PROOF OF PUBLICATION
SERVING THE UPPER KEYS
BOX 1197, TAVERNIER, FL. 33070
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared W.—Br WOLFF
who on oath, says that he is EDITOR & PUBLISHER
of THE REPORTER, a weekly newspaper published at Tavernier, Monroe County, Florida;
that the attached copy of advertisement, being a LEGAL 1 lOTIGE
�'r
IN THE MATTER OF NOTICE OF INTENTION TO CONSIDER
in the Court, was published in said NOTICE OF INTENTION TO CONSIDERADOMONOFCOUNTYORDINANCE
newspaper in the issues of j 0_13 & 20-83 NOTICE IS HEREBY GIVEN T10 WHOM ITMAY CON 6W,'h tonFriday_
A f f i a n t further says that the said REPORTER i s a October28, 1988, at 5100 P.M. in Courtroom B, Monroe County Courthouse An-
nex, 500 ' sad Street, Key West, Monroe County, Florida, and on Friday,
news a er published at Tavernier, in said Monroe Count xovember 1988,at5oaP'M.atthePlantationGovermerwCenter,Pl�-
P P P Y tation 'Monroe County, Florida, the Board of County commissioners of
Monroe ty, Florida, intends to consider.the adoption of the'following County
Florida, and that the said newspaper has heretofore been Ordi
continuously published in the said Monroe County, Florid: ORDNANCE NO.1983
AN ORDINANCE OF MONROE COUNTY,FLORIDA, BOARD OF COUNTY
each week (on Thursday), and has been entered as second COMMISSIONERS AMENDING SECTION 6-284(ej MONROE COUNTY
CODE, TO PROVIDE FOR APPEAL OF ZONING BOARD, DECISION ON
class mail matter at the Post Office in Tavernier, in sa: PRELIMINARY AND FINAL DEVELOPMENT PLAN TO BOARD OFCOUN-
TY COMMISSIONERS PURSUANT TO SECTION lift CHAPTER. 61.2608,
County of Monroe, Florida, for a period of one year next LAWS OF FLORIDA; TO PROVIDE, FOR LAPSE OF7PRELIMINARY
DEVELOPMENT PLAN WITHIN ONE'YEAR FROM ZONING BOARD OR
preceding the first publication of the attached Copy Of BOARD OF ACTION; PROVIDING FOR
SEVERABILITYU PROVIDING THAT NTY NALL rORDINANCES OR PARTS OF
advertisement; and affiant further says that he has neit ORDINANCES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY
REPEALED; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
paid nor promised any firm, person, Or corporation any FOR AN EFFECTIVEDAT4
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person
discount, rebate, commission or refund for the purpose O decidedtoappealanydecisionmadebytheBoardwithrespecttoanymattercon-
sidered publicationatsuch hearings ormeetings, hewill need arecor±dofthe proceedings, and_
g P that, for such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which
said newspaper. the appeal is to be based.
DATED at Key West, Florida; this 80th day of September,1988.
W. WHITE
Clerk CIrM Corot
of Mon County, Florida
SEAL and ww' Clerk of the
Board of Co yCommissioners
SWORN TO A DgUBSCRIBED BEFORE ME THIS TH ofM County, Florida
7, Published;10148t W20/8,3, A %
OCTOB E R / HE REPORTER
DAY OF A. D., 1 9 Tavernier, FL *70
MY COMMISSION EXPIRES: AP 2 1987,
7SU1',F,;iC: UND
PROOF OF PUBLIC=
THE FLORIDA KEYS KEYNOTER
Published Weekly
MARATHON, MONROE COUNTY, FLORIDA
STATE OF FLORIDA )
COUNTY OF MONROE )
Before the undersigned authority personally appeared Judith E. Proulx ,who on oath, says
that he is Office Manager of The FLORIDA KEYS KEYNOTER, a weekly newspaper published at Marathon, in
Monroe County, Florida; that the attached copy of advertisement, being a Adoption of County Ordinance
IN THE MATTER OF Section 6 — 2 3 4 (e) in the
Cour
newspaper in the issues of October 13, 20, 1983
Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Mara-
thon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously
published in said Monroe County, Florida, each week (on Thursday) and has been entered as second
class mail matter at the post office in Marathon, in said Monroe County, Florida, for a period of orie
year next preceding the first publication of the attached copy of advertisement; and affiant further
or meetings, ne win need-' rec-1
says that he has neither paid nor promised any person, firm, or corporation any mat, for s�uchpPurposser, he mad l
need to ensure that a verbatim
record of the Proceedings is
made which record - includes
mission of refund_for the purpose of securing this advertisement for publication i the (estimonv and evidence;
upon which the appeal is to be
based:
_ - - - DATED at Key West, Florida,
is 30th day of September,
R'ALPH W. WMITEi
Clerk of the Circuit Court
- of Monroe County, -Florida'
_ and ex officlo ClerKof the
Board of County Commission-
(Aj�
(SEAL) ers
of Monroe County, Florida
(SEAL)
Publish: October 13, 1983
FlOrid_a Kevs Keynoterler .
SWORN .TO AND SUBSCRIBED BEFORE ME THIS
DAY ,OF A.D. 19
NOTARY PUBLIC STATE OF FLONDA
MY COMA. I SS I OFJ E" P I RCES MAY '31 19.8 7
Bn1dnFn TLJoi I ...-
I M. .
PROOF OF PUBLICATION
THE KEY WEST C I'_ZEN
Published Daily
Key West, Monroe County, Florida 33040
10
STATE OF FLORIDA)
ss.
count OF mm,-ROE)
Before the undersigned authority personally appeared.............
BOBBY ADRIAN
.•...., w:�o on cara says that he is ...,..........
. .............
Advertising Manager
..............................of Z'hp hey least C-_,Lizen, a
daily newspaper /published at Key West in Monroe County; Florida, that
the attached copy of advert; setaent, being a � 11 o
F
COUNTY O G2
NOTICE Is HEREBY
GIVEN TO. WHOM IT MAY
CONCERN that on Friday,,
f October 28, 1983, at 5:00 P.M.
in the I' i n�' of in Courtroom B, Monroe .
County Courthouse Annex,
( 1, 500 Whitehead Street, Key
s y-CC_n0..heC'� West, Monroe County,
Novemberan 1 98onr3, at S 00
P.M. at the. Plantation
Governmental Center,
to �2v, ckl� 2-5 I 0 Plantation" Key, Monroe
—
—t ) efiC Count Florida, tne.Boar.d of
County Commissioners of.
Monroe County, Florida,
intends to consider the
adoption of the following
j: County Ordinance:
f ORDINANCE NO.-1983
AN ORDINANCE OF
MON,ROE COUNTY,
FLORIDA, BOARD OF
was published in said newspaper in. the _.;3;d:1eR Or COUNTY
DINGAME.MMISSSECONE S ,
234(e), :MONROE COUNTY'
CODE, TO PROVIDE FOR
APPEAL_ OF ZONING
IBOARD . DECISION ON
' PRELIMINARY AND
Af fi+ant further says that the «-c+ 'Tne Key WeSt l PLANE OE BOARD EOF
COUNTY COMMISSIONERS
newspaper published at Key West, i_. sa-id, Noncos County,' PURSUANT TO SECTION
that the said newspaper has heretofore been continuously LAWS of FLORIDA?STO'
in said Monroe County, Florida, each day except Saturdaf PROVIDEPRELIMINARY
FOR LAPSE -OF
been entered as second class mail matter at the post of. DEVEN ONE NT PLANT
FROM
West. in said Monroe County, Florida, for a period ofl ZONING BOARD OR
BOARD OF COUNTY
preceeding the first publication of the attached copy G COMMISSIONERSDING FOR
meat; and affiant further says that: he has neither paie. PEVERA ILTHAT ALL
any peKson, firm or corporation any &i� count, rebate, @ ORDINANCES OR PARTS
OF ORDINANNCES IN
refund for the pt,rpose of securing this advertisement J,CONFLICT WITH THIS
ORD�. HEREBYN REARE
PEALED;
ED;
ir.. the said newspaper. PROVIDING FOR IN-
CLUSION iN THE CODE;
_ 'PROVIDING FOR. AN
5� r�r _ EFFECTIVE DATE.
B�1C FS DULY 27 WB , Pursuant to Section
�oll� ,� • • • • • • ' • 286.0105, Florida statutes,
i�SU'�°,;C� 111vEP .� I notice is given that if a person
�Y COPA,M S10N ,GCAG . decided to appeal any
(SEAL) OiyllEL Tt''� u CE�41 decision made by the Board
Q with respect to any matter
considered at such hearings
or meetings, he will need a
Swor to and ubse ibed before me this... ...... record of the proceedings,
and that, for such purpose; he
day of ..... , A.D. 19 i may need to ensure that a
verbatim record of the
proceedings is made,. which
record includes the testimony
y and evidence upon which the 1
P� appeal is to be based.
• • . • • .... • • • • • . • • • • • • . • .. DATED at Key West,
'Florida, this 30th day of '
i September, 1983. a
i RA PH
W. WHITE, Clerk of +
+ the Circuit Court of Monroe '
P, County, Florida and exofficio
a Clerk of the Board of County
Commissioners of Monroe
/ County, Florida.
Oct. 6, 13, 1983
�'tHE Sr4,
< a
W C
FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
November 16, 1983
Honorable Ralph W. White
Clerk of Circuit Court
Post Office Box 1680
Key West, Florida 33040
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of your letter/s of
and certified copy/ies of
County Ordinance/s No./s
2.
0
4
NK/
Receipt of
relative to:
(a)
which we have numbered
Monroe
83-27 and 83-28
County Ordinance/s
(b ) --- -- —
which we have numbered
We have filed this/these Ordinance/s in this office
on November 16, 1983.
The original/duplicate copy/ies showing the filing date is/are
being returned for your records.
Cordially,
(Mrs.)v Nancy Kavanaugh
Chief, Bureau of Laws
FLORIDA-State of the Arts