Ordinance 001-1973 •
ORDINANCE NO. 1 -1973
AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
ADOPTING COMPREHENSIVE ZONING RULES AND REGULA- •
TIONS; SETTING FORTH THE AUTHORITY, INTENT, PUR-
POSE, METHODS, SHORT TITLE, DEFINITIONS, APPLICA-
TION PROCEDURES, AND SPECIAL EXCEPTIONS; PROVIDING
FOR AMENDMENTS AND APPEALS, ADMINISTRATION AND
ENFORCEMENT, GENERAL PROVISIONS, ZONING, GENERAL
USE, RESIDENTIAL, BUSINESS DISTRICTS, AND PLANNED
UNIT DEVELOPMENTS; REGULATING SIGNS; PROVIDDTG FOR
LEGAL STATUS OF SAID RULES AND REGULATIONS; PRO-
VIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS
OF SAID ORDINANCE AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That the Comprehensive Zoning Ordinance prepared by
Bailey and Post, Consulting Engineers and Surveyors, Islamorada, Florida,
dated May, 1.972, copy of which is attached hereto and declared to be a part
hereof, is hereby adopted as the zoning rules and regulations within all of
Monroe County, Florida, except within municipalities located in said county.
Section 2. Any person, partnership, firm, and/or corporation violating
any of the provisions of this Ordinance shall be prosecuted in accordance with
the provisions of Chapter 125. 69, Florida Statutes, 1971 or any re-enactment
thereof.
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Section 3. All Special Laws, Ordinances, Resolutions, rules and
regulations in conflict herewith are hereby repealed to the extent of said
conflict.
Section 4. This Ordinance shall not take effect until May 1, 1973.
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• ARTICLE I
AUTHORITY, INTENT, PURPOSE, METHODS AND SHORT TITLE •
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This Comprehensive Zoning Ordinance is hereby adopted under authority
• • of Chapter 61-2503, Laws of Florida, 1961. '.
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• The purpose of this Zoning Ordinance is to promote the public health,
safety, morals, convenience, comfort, appearance, amenities, prosperity,
and general welfare of Monroe County by the adoption of regulations and re- •
• . strictions to aid in making adequate provision for increased safety in traffic
• transportation, vehicular parking, parks, parkways, recreation, schools, • •
public buildings, housing, light, air, water supply, sewage, sanitation and •
other public requirements; that lessen congestion, disordei , and dangers •
• , that inhere in unplanned and unregulated development; that prevent overcrowd-
ing of land and undue concentration of population; that provide for a more •
• • equitable and just land-use pattern and basis for tax assessment; that increase
the safety at-id security of home life by creating a more favorable environment
in which to rear children; and that provide more reasonable and serviceable
means and methods of protecting and safeguarding the economic structure upon:: •
which the good of all depends.
To accomplish these aims and purposes, the unincorporated area of
the County is divided into districts of such number, shape, area, common '
unity of purpose, and adaptability for use as are deemed most suitable to
- provide economic, wholesome, sightly, and harmonious activities and •opera-
tions. In further aid of these purposes, the locations, uses, and occupancy
of buildings, structures, and land and water to be used for trade, residence,
or other purposes are limited as.are the percentages of lot occupancy and •
coverage, street setback lines, sizes of yards, and other open spaces. • •
This ordinance shall be known and may be cited as "The Monroe County .
Zoning Ordinance". It is intended that this ordinance shall be liberally con-• '
strued to accomplish its valid stated purposes. • •
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ARTICLE II
DEFINITIONS
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Section 1 . General
For the purpose of the administration and enforcement of this ordinance,
and unless otherwise stated in this ordinance, the following words shall
have the meanings indicated herein.
Words used in the present tense shall include the future tense;
words used in the singular number shall include the plural number, and
words used in the plural number shall include the singular number. The
word "shall" is mandatory; the word "may" is permissive.
Section 2. Definitions of Terms
2.1 Accessory Use or Accessory Structure. A use or
structure on the same lot with, and of a nature customarily incidental
to the principal use or structure, and which is not an integral part of
(. ) the main structure.
2.2 Accommodations . Any hotel, motel , tourist court,
rooming house, or rental unit intended to be used for transient persons '
or tourists, for overnight lodging or longer. Any business containing.
one (1) or more rental units for transients or tourists shall be
deemed an accommodation facility. •
2.3 Advertising Signs . Any outdoor surface,, support
• or structure upon which advertising matter is set in public view, including
every sign, billboard, ground sign, wall sign, roof sign, illuminated
sign, projected sign, marquee sign, awning sign, street clocks or thermometers,
and shall include any announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interest of
any person or business .
• 2.4 Alley. Any public or private right-of-way set
aside for -public travel intended to be used only as a secondary means of
access or service to abutting properties and not intended for general
traffic circulation.
2.5 Alteration. Any change in the arrangement of a
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building; any work affecting the structural parts of a building; or any
change in the wiring, plumbing, heating, or cooling system; and includes
the words "to alter" and "alter". Alteration does not include customary
maintenance and repairs .
2.6 Animal Accommodation Facility. Any facility operated
for treating, boarding, training, breeding, confining, grooming, testing, •
conducting research or renting out of any animal. Such a facility may or
may not be operated by a qualified licensed veterinarian. Included in this
term are the .related terms of kennel, stable, animal hospital, veterinary
hospital, grooming parlor or salon, laboratory and breeding farm or other
similarly coined term.
2.7 Apartment Building. A building used or intended for
use as a home or residence for more than two families living in separate
quarters . •
2.8 Automotive Vehicles . Any self-propelled vehicle or
conveyance designed and used for the purpose of transporting •or moving
persons , animals, freight, merchandise or any substance,' and shall include
passenger cars, trucks , buses , motorcycles, scooters; but shall not include
tractors, construction equipment or machinery, or any device used for
performing a job except as stated above.
2.9 Bar. See "Cocktail Lounge".
• 2.10 Barbecue Pit or Building. An open or enclosed pit,
fireplace or building used primarily for cooking meat in the barbecue
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2.11 Barbecue Stand. A structure providing space for
vehicles to gather for the primary purpose of the occupants of the
vehicles being served refreshments and barbecued meats by employees of
the barbecue stand.
2.12 Billboard. See "Advertising Signs".
2. 13 Block. A block shall be deemed to describe all that
property fronting on one highway between the two nearest intersecting or
intercepting streets, railroad right-of-way, waterway, golf course, campus,
park or other similar open space.
2. 14 Board. of Zoning Appeals . The Board of Zoning Appeals
shall mean the Monroe County Board of Zoning Appeals as provided in
this ordinance.
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• 2.15 • Boarding House. See "Rooming and Boarding House."
2. 16 Boundary of District. The .centerline•,of a street or
right-of-way or the centerline of the alley, between the rear or side
property' lines or, where no alley or passageway exists, the rear or side
property lines of all lots bordering on any zoning district limits or any
district boundary as shown on the Official Zoning Maps of Monroe County. • •
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2.17 Building.. Any structure constructed or used for
residence, business, industry•or other public or private purposes or
accessory thereto, and including, but not limited to, tents, lunchwagons,
dining cars, trailers, mobile homes, sheds, garages, carports, animal •
kennels, store rooms, billboards, signs, gasoline pumps , boat docks, boat
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hoists , boat lifts, boat houses, and similar structures .whether stationary
or movable, with or without roof and with or without walls .
2. 17.1 Principal Building. A building wherein the principal
use of the, lot on which it is situated is conducted. In a residential
district any dwelling shall be deemed to be the principal building on the
lot. An attached• carport, shed, garage or other structure with one (1)
. wall being a part of the principal building shall comprise a part of the •
principal building and shall be subject to all regulations applicable ,
to the principal building. A detached and structurally independent garage,
carport, or other structure shall conform to the 'requirements of an
:` accessory building. A structurally independent garage, carport, or other
building conforming as an accessory building may he attached to the
• principal building by an open breezeway not to exceed six (6) feet in
• width. A connecting breezeway in excess of six (6) feet in width and/or .
enclosed on one (1) or both sides , including louvers and/or screening,
shall cause the entire structure to be construed as the principal •
building and shall be subject to the regulations applicable to the •
principal building.
2. 17.2 Accessory Buildings . A subordinate building, the use •
of which is incidental to that of the principal building on the same
lot. .
2.18 Building Area. That area within and bounded by the
building line established by required yards and setbacks .
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2. 19 Building Height. The height of a building with a
. gabled or hip roof shall be the vertical distance .measured from the average
' elevation of the finished grade of the building site to the top of the
roof of the uppermost story. The height of a building with a flat roof
shall be measured as stated above to the highest point of the roof .
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(but shall not include the parapet or coping) . A flat roof shall be
considered a roof that has a slope of less than seven (7) degrees with the
horizontal. Maximum height limitations shall not apply to church spires , `.
belfries , cupolas, domes , monuments, utility towers, fire observation towers,
chimneys , smokestacks, antennas, transmission towers, cooling towers,
mechanical equipment and housing for same, or other appurtenances either
temporary or permanent.
2.20 Building Line. The line established within a lot or
parcel of land by setbacks or yard requirements, measured perpendicular
from the property line, street centerline, or other reference line or
point as may be designated. Within the area between such building line
and the property line, no principal building may be erected and no
accessory building may be erected except as otherwise permitted in this
ordinance.
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2.21 . Building Requirements . Lot and building requirements
as set forth in this ordinance do not imply reference to the building
requirements as set forth in any building code for Monroe County, Florida,
now in effect or which may hereafter be adopted.
2.22 Building Site. The lot or parcel of land upon which a
building has been or is proposed to be erected. A building site must
provide at least the minimum width and area set forth for the particular
) zone or district in which it is located, except as hereinafter provided
. for existing lots of record.
2.23 Bulkhead Line. A line on the waterfront property
abutting Sovereign (State-owned) land which has been established by
survey and-approved by proper authority; or has been established by an
existing seawall; or if not so established, a line which has been estab-
lished by the Board of County Commissioners of Monroe County.
2.24 Bungalow Court or Villa. A group of three (3) or more
single family dwellings having separate outside entrances on the ground •
floor level on one or more adjoining lots complete with all required -
open spaces .
2.25 Business Services . . Any commercial activity primarily
conducted in an office, not involving the sale of goods or commodities
available in the office, and not. dispensing personal services , but including
such business as real estate brokers, or agents , insurance agencies , stock '
brokers, counselors, consultants, accountants; collection agencies , title
and abstract companies; income tax services, travel agencies , advertising
agencies ; studios of art, music, dancing and photography, laboratories,
business or stenographic schools, and any similar office type use.
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2.26 Camp Site. Any described area where two (2) •
• or more sites for tents, tent campers , truck-car campers, travel trailers •
or other recreational vehicles are offered by any person, firm, entity or
• corporation for sleeping or eating accommodations, most generally to
transient public, and where there is direct remuneration in money to the
• owner, or indirect benefit to the owner in connection with a related •
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2.27 Cemetery. An area of land set apart for the sole
purpose of the interment of the remains of deceased persons and for the
erection of customary markers, monuments, and mausoleums .
2.28 • Center-Line. A line bisecting, or lying everywhere
equidistant from the extreme boundaries of a subject. When the subject
• is a street; highway or other thoroughfare, the boundaries shall be •
construed as the right-of-way lines ; when the subject is' a body of water,
the boundaries shall be construed as the shoreline or the bulkhead
line thereof. .
2.29 ' Certified Survey. A survey, sketch,. plan, map or other
• exhibit containing a written statement regarding its accuracy or con-
formance to specified standards signed by a registered land surveyor,
or other legally authorized person.
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2.30 Church. Any building used for non-profit purposes.
by any duly constituted and legally established denomination or sect
.primarily intended to be used as a place of worship and including customary
accessory uses .
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2. 31 Club, Private. An association of persons for some common
purpose, but not including groups organized primarily to render a service
which is customarily carried on as a business . This definition shall
include the terms "lodge'!, "fraternal orders", and "societies" and shall -
apply to all social organizations not operated as a profit making .
business enterprise.
• 2.32 Cocktail Lounge. The term "cocktail lounge" shall
include the terms "bar" and "tavern", "saloon", and similar uses in
which alcoholic beverages are sold for consumption on the premises , and
in which no customer dancing or paid entertainment other than music' is'
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permitted.
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2.33 Condominium. That form of property under which units •
of development are subject to ownership by one or more owners, where there
is appurtenant to each unit as a part thereof an undivided share in •
the common element.
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2.34 Convalescent Home. See "Nursing home".
2.35 County. The term "County" shall refer to Monroe
County, a legally constituted subdivision of the State of Florida.
2.36 County Clerk. That person duly, officially and
gainfully employed as the County Clerk of Monroe County, Florida.
2. 37 County Commission. The term "County Commission"
shall mean the Board of County Commissioners of Monroe County, Florida.
2.38 Day Nursery. A day nursery is defined as a residence
or building in which one (1) or more children under eighteen (18) years.'
of age are received, for full time or part time care, or training, and
for whom board may or may not be provided, and that for such care and/ar
custody, remuneration shall be paid by the parents or legal guardians of the
children, and shall include the terms "kindergarten", !'nursery schools",
"schools for child care", and "child care centers". A day nursery shall
be subject to the provisions of this ordinance regulating private schools .
2.39 Depth, Lot. The distance between the mean front street
line and the mean rear line of any lot of record.
2.40 Director. The term "Director" shall mean the
,. Director of the Monroe County Building and Zoning Department unless the
context clearly indicates otherwise.
2.41 Drive-in Establishments . The term "drive-in .
establishment " includes drive-in restaurants, drive-in theaters, or any
retail sales or services facility in which persons receive goods or
services in the automobile, but excludes drive-in tellers, drive-in .
windows for business transactions, or drive-in facilities of an accessory '
nature.
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2.42 Duplex. A single residential building containing
two (2) dwelling units .
2.43 Dwelling. A house, apartment or building used
primarily for human habitation. The word dwelling shall not include
dormitories, fraternities , sororities , hotels, motels, tourist
courts, or other buildings for transients .
2.44 Dwelling Unit. A .building or portion thereof
designed for residential occupancy by one (1) family, having all rooms of
the unit accessible from within the unit, with complete housekeeping
facilities for the exclusive use of the occupancy family, including only '.
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• one (1) facility for the cooking and preparation of food.
2.45 Eaves . The extension or overhang of a roof, measured
from the outer face of the supporting wall or column to the farthest •
point of the overhanging structure.
2.46 Family. One person, or a group of persons inter-related
by blood, marriage, or legal adoption, occupying a single housekeeping ,
• unit and using common cooking facilities . The persons thus constituting
a family may also include, but not exceed a combined total of four (4) •
guests and domestic servants . • •
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2.47 Filling Station. See "Service Station".
• 2.48 Frontage. The distance or width of a parcel of land
measured along a public street right-of-way. ,
. 2.49. Garage; Community. A'structure, or series of
structures under one (1) roof, and under one (1) ownership, for the .
• storage of vehicles by three (3) or more owners or occupants of property • .
in the vicinity, where said structure has no public shop or mechanical
services in connection therewith.
- 2.50 Garage, Private. A building for the private use of
the owner or occupant of a principal building, situated on the same lot
as the principal building, for the storage of motor vehicles , with no
facilities for mechanical service or repair of a commercial or public •
nature.
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•2.51 Garage, Public. A building designed and used for the
storage of automotive vehicles, operated as a business enterprise•with a.
service charge or fee being paid to the owner or' operator for the parking-
• or storage of privately owned vehicles . .
2,52 Garage, Repair. A building designed and used for the
storage, care, repair, or refinishing of motor vehicles , including both
• minor arid major mechanical overhauling, paint and body works .
2.53 Gas Pumping Station. See "Service Station".
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• 2.54 Grade. The elevation above mean sea level of any •
property within the. County. •
2.55 Home Occupation. Any vocation, trade, or profession
carried on within •a dwelling by. the occupant thereof within the limits
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and provisions of the regulations pertaining to home occupations as
provided in this ordinance. •
• 2.56 Hotel. A building designed to provide accommodations
for transients or persons for short time residence, with or without meals ,
providing for ten (10) or more sleeping rooms with no provisions for cooking
in the rooms, and including customary accessory uses in connection with the. •
• principal use. •
• 2.57 Houseboat. See "Live-aboard vessel."
2.58 Industry. Any activity involving the manufacturing or
treatment of any commodity including the assembly,. packaging, canning, •
bottling, or processing of any item. The changing of any commodity in
• composition, form, size, shape, texture or appearance is deemed an •
industrial process . • •
2.59 ' Junk., The term "junk" shall include the term "junk
yards" and shall be identified by automotive vehicles, including trucks and
tractors , being inoperative and unlicensed, and including any parts thereof,
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used building material or equipment of any kind, being abandoned or unusable,
• household appliances, abandoned or unusable, and shall include all
miscellaneous items of any type material or substance which appears to be
abandoned or in a.state of scrap, or waste material, stored or offered for
' T,) sale.
2.60 Live-aboard Vessel. Any floating structure used for
living purposes for more than three (3) consecutive days.
2.61 Living Area. That enclosed area of a dwelling unit,
• which is protected from the elements , including• interior halls, closets,
utility and storage areas, but excluding garages and carports , together
with utility rooms or storage areas contained therein, screened porches ,
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unenclosed areas, cellars, basements, and attics . The living area of a
mobile home shall be determined by the area of the basic unit only, and •
shall not include additions such as cabanas, carports, storage areas, or .
screened enclosures .
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2.62 Living Unit. See definition of "Dwelling Unit". •
• 2.63 Lot. A piece, parcel, tract or plot of land occupied
or to be occupied by one (1) principal building and its accessory buildings'
and including the required yards and shall include all lots of record
• included in such piece, tract or plot of land, and all lots otherwise desigT -
- nated.
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2..64 Lot Area. The horizontal land area computed in square •
• . feet or acres excluding public rights-of-way, easements or water surface
area. .
( i 2.65 . • Lot, Corner. Any lot situated at. the intersection of
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two (2) adjacent side abutting features. •
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2.66 Lot Coverage. The total area in square feet of all •
buildings and structures located on a lot. Maximum percent of lot •
coverage permitted shall not include covered parking areas without side or
• rear walls, nor projections of eaves, stairways .or fire -escapes, but
shall include any garage, carport, porch, or storage area attached to the . •
principal building. Swimming pools and patios uncovered or covered with •
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screened enclosures shall not be included in computing coverage.
2.67 Lot, Double Frontage. Any lot abutting two (2) streets
on opposite ends, or sides , rather than adjacent sides at the intersection
of two (2) streets . •
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2.68 Lot, Depth. See ."Depth, Lot".
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2.69 Lot, Interior. Any lot bounded on both side$ by lots .
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'2.70 Lot Line.
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2.70. 1 "Front" lot line shall he that property line which is •
common with the road right-of-way. In lots having frontage on' two (2) or
• more streets the front lot line shall be considered to be that facing the •
major entrance of the principal building which has been or is proposed to
1 be erected thereon.
2.70.2 "Rear" lot line shall be that property line, or on
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waterfront property, that bulkhead line or shoreline as applicable, most .
nearly opposite the front lot line and generally running parallel thereto. .
2.70.3 "Side" lot line shall be any property line, or on
waterfront property, that bulkhead line or shoreline as applicable, other'
than the front or rear line.
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2. 71 Lot of Record. A lot whose existence, location and
dimensions have been legally recorded or registered in a deed or on a plat,
either prior to or after the effective date of this ordinance.
2.72 Lot, Substandard. .Any lot having less area or less width
at the building setback line than the minimum area or width required by this
• ordinance for the Zoning District in which the lot is located.
• 2.73 Lot, Width. The mean, horizontal distance between-the
side lot lines, measured at right angles to the depth.
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2, 74 - Marinas, Industrial . A marine oriented establishment
engaged in the construction, manufacture, sale, maintenance, repair,
• docking and storage of commercial boats, barges, and watercraft, and
• accessories including engines , motors, winches , mechanical equipment,
• supplies , the sale of fuel, lubricants and provisions; receiving, processing,
storing, and distribution of seafood products . Boats and watercraft
used for living purposes shall be in the water and shall meet the r.equj.re-
ments of the County Board of Health and the State Division of Health.
2. 75 Marinas, Resort. A sheltered water or harbor area •
with docking facilities for sports and pleasure boasts, houseboats, and
watercraft to he used./for living purposes, meeting the requirements
of the County Board of Health and the State Division of Health, includ
. ing watercraft docked but not used for living purposes . Accessory uses
may include the sale of _fuel and lubricants; service buildings with laundry
facilities, showers, toilets, and lavatories; and recreational facilities .
2. 76 Marinas, Sports . A commercial establishment engaged in
the sale, maintenance, repair, docking and storage, wet or dry, of boats
and watercraft used for pleasure or sports purposes , and accessories
including motors, trailers, equipment and supplies . The sale of fuel and
• lubricants, provisions, bait and tackle shall he permitted. Watercraft
used for living purposes shall be permitted only with the craft in the
water, and meeting the requirements of the County Board of Health and
the State Division of Health.
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2. 77 Marquees and Canopies . Any shelter, cover or pro-
jection, extending beyond the outer face of the building wall, of either " •
rigid or non-,rigid construction designed and intended to be used for the
• purpose of shelter or protection for entrances and walkways . •
2. 78 Mayor. The Monroe County Commissioner duly elected
and serving in the capacity of Mayor. of Monroe County, Florida. •
2. 79 Minimum Zoned Area. The minimum land area permitted
for a single zoning district . Additions to, or expansion of, a district by
an amount less than the required minimum zoned area is not applicable •
• to this definition.
2. 80 Mobile Home . A movable living unit or similar portable
• structure containing a flush toilet, tub and/or shower bath, kitchen,
• ' cooking, living, sleeping and eating facilities complete with all
plumbing and electrical connections for hook-up to external systems and
designed to he transported on the highway, on its own wheels, flatbed or •
other trailer, having no foundation other than wheels, jacks, or blocks , in
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excess of eight (8) feet in overall width and/or in excess of thirty three
(33) feet in overall_ length, including hitch. See also definition of
"Travel Trailer" and "Modular Unit".
2.81 Mobile Home Park. A lot or parcel of land under
single ownership or management upon which is operated a business engaged
in renting space for the parking of mobile homes to be used for both
living and storage purposes, and including the customary accessory uses
such as owner's and manager's living quarters, rest rooms, laundry
facilities, utility areas, and facilities for parks and recreation.
2.82 Mobile Home Subdivision. A subdivision of land
recorded in the office of the County Clerk of Monroe County, Florida, •
designed for the parking of mobile homes , and/or single family dwellings,
the lots of which are sold for individual ownership and which provides
dedicated streets, water and sewers, drainage, parks and •other public
use areas and facilities .
2.83 Modular Unit. A dwelling unit designed for long term
occupancy containing a flush toilet, tub and/or shower bath, kitchen,
cooking, living, sleeping and eating facilities complete with all plumbing
and electrical connections for hookup to external systems . The unit is
designed and fabricated off site and transported to the building site as
(`' :,, a whole or in major components requiring only assembly of the major
components and installation of such furnishings and appliances not included
as a part of the unit. Modular units are not equipped with wheels ,
hitches or electrical running gear and must be located on permanent
foundations or other permanent supports or integrated into a previously
prepared structure at the building site and connected to external utility
systems . Modular units shall conform to all applicable codes and the
"Florida Factory-Built Housing Act of 1971" and must be accompanied
by an affidavit upon arrival at the job site stating that it is the
unit which was approved for erection. Upon completion of erection,
another affidavit will be required stating that the unit was erected
in accordance with the manufacturer's recommendations and all applicable
codes .
2.84 Motel . The term "motel" shall include the term "motor _.
hotel", "tourist court", and "transient accommodations", primarily for
those persons traveling by automotive vehicles and consisting of two (2)
or more units or buildings designed to provide sleeping accommodations with
or without a common entrance or lobby.
2.85 Motel , Efficiency. A motel with units having facilities • .
for the preparation of food and including a sink, cooking units, refrigerator,
and eating area.
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2.86 Motor Home. . The term "motor home" shall include. the
terms "motor coach", "sport coach", and describes any self-propelled
vehicle fitted and equipped for living purposes , including facilities for
• sleeping and the preparation of food.
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2.87 Night Club . A commercial establishment dispensing
alcoholic beverages for .consumption on the premises and in which customer . .
dancing is permitted, and includes the term "cabaret" and may include .
floor shows and paid entertainment.
2.88 Non-Conforming Building. Any building which does not
conform to the regulations for the district in which it is located.
2.89 Non-Conforming Use of Building. The use of any building
other than a use specifically permitted• in the district in which the
building is located.
• 2.90 • . Non-Conforming Use of Land. The use of any land for
other than a use specifically permitted in the district in which the lot or
parcel is located.
• 2.91 Nursery. The use of land and buildings for the purpose
. of .growing for sale, or selling., various ornamental plants , grasses ,
shrubs, flowers, and horticultural specialties , and including the sale of
' landscaping accessories such as statuary, fertilizer, tools , and similar
• commodities as accessory to the propogation and growth of plants .
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2.92 Nursing Home. The term "Nursing home" shall apply to
all institutional type operations designed to provide full or part time
supervision. and assistance to those persons not able to care for themselves?
and shall include convalescent homes , homes for• the. aged, and similar -
facilities, but excluding homes for the mentally ill, hospitals , clinics,
• and institutions devoted primarily to the diagnosis and treatment of the •
sick and injured. •
2.93 Package Store. A place where alcoholic beverages are •
• sold in containers for consumption off the premises .
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2.94 Parking Lot. An area or plot of land used for the
storage or parking of vehicles . •
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• 2.95 Parking Space. A permanently designated space of not
less than nine (9) by twenty (20) feet off the ,public rights-of-way
for the off-street parking or storage of a vehicle.
• 2.96 Person. The word "person" shall include any individual,
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group of persons , firm, corporation, municipal corporation, association,
.organization, or any legal public entity.
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2.97 Personal Services . Beauty parlor, shop or salon;
barber shop; massage, reducing or slenderizing studio; steam or turkish
baths; or any similar use where a service is performed to or on a person;
poodle parlors, and animal grooming shops .
2.98 Pit. An excavated hole or rock quarry.
:2.99 Premises . Any• lot, parcel , plot or tract of land,
together with any buildings or structures thereon.
2. 100 Private School. Any school owned and operated by
a non-public agency, provided such school receives less than fifty (50)
percent of its financial support from public sources . •
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2. 101 Professional Services . The conduct of business as in
any of the following or related categories ; law, architecture, planning,
engineering, medicine, dentistry, osteopaths, chiropractors , opticians , or
consultants in these or related fields, and similar professional activities .
2. 102 Public Body. Any government or governmental agency of
1 Monroe County, the State of Florida, the United States Government, or 4ny •
municipality within Monroe County, Florida.
2. 103 Public Use. The use of any land, water or building
by a public body for a public.service or purpose.
2. 104 Recreation and Entertainment. Recreation and enter-
tainment uses include but are not limited to amusement arcades , pool •
• halls, bowling lanes, skating rinks , miniature golf, carnival type •
concessions., rides , boating and fishing facilities .
2. 105 Repair. Restoration of portions of a building to
its condition before decay, wear, or damage, but not including alteratipn
of' the shape or size of any portion.
2. 106 Residence. A single family dwelling, or a dwelling,
unit in a multiple family dwelling which contains sleeping, bathroom, food
refrigeration, cooking and dining facilities .
2. 107 Restaurants . An establishment where meals or prepared
. foods, including beverages and confections, are served to customers .
Restaurants are hereby classified and further defined into four (4) -
categories : •
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2. 107.1 Type "A" Restaurants, Conventional; consisting of
eighty (8Q) seats or more, at tables or booths , with the number of counter
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stools not exceeding fifteen (15%) percent of the number of table and/or
booth seats; with .all service indoors; -and providing no service to persons •
in vehicles or at walk-up windows , and shall include cafeterias .
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2. 107.2 Type "B" Restaurants, Conventional; same as Type "A" .
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restaurants, except no minimum of seats and/or counter stools, and including
delicatessens .
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2. 107.3 Type "C" Restaurants, Short Order; specializing in
short order foods and beverages including the preparation of food to be
• taken out and consumed off the premises ; may be a total counter stool type
operation, or with any combination of counter stool and/or tables and
booths; and no service provided to persons in vehicles . Establishments dis-
. pensing food from service windows for consumption either on the premises .
• or off the premises are classified as Type "C".Restaurants .
2. 107.4 Type "D". Restaurants, Drive-Ins : any restaurant
serving food and/or beverages to persons in their automobiles for consumption
in the automobile on the premises . Service by "car hops" to persons in
automobiles on the premises shall cause any such restaurant to be • .
classified as Type "D".
• 2.108 Retail Sales and Services . Retail sales and services •
. shall include those ,business activities customarily providing retail
convenience goods . Such uses shall include department stores , variety
• stores , drug and sundry stores , Types "A" and "B" restaurants, grocery
and markets, gift shops, wearing apparel, home and auto supply, hardware
stores, furniture and stationery stores , shoe repair shops , radio and
television sales and service, floor coverings, sporting goods, florists,
• . jewelers, music and piano sales and service, art: shops , pawn. shops,
electrical and lighting fixtures and similar uses .
2.109 Right-Of-Way Line. The right-of-way line shall be •
• considered as the property line. All setback requirements provided in .
this ordinance shall be measured, from said right-of-way line except as •
otherwise may be provided.
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• • • . 2. 110 Road. Any public or private right-of-way set aside for •
public• travel, excluding alleys , as defined in-this ordinance. The word
"road" shall also include the words "street", "avenue", "lane", "boulevard"
"thoroughfare", and "highway" for such purpose. .
2. 111 • Road Centerline. The line midway between the road
right-of-way lines , or. the surveyed and platted -centerline of a road which • .
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may or may not be the line midway between the existing right-of-way lines .
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2.112 Road Right-Of-Way Line. The lines which bound a
right-of-way set aside for use as a road. •
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2. 113 Rooming and Boarding House. A residential building .
used, or intended to be used, as a place where sleeping and housekeeping
accommodations are furnished or provided for pay to transient or permanent •
• • guests or tenants in which less than ten (10) and more than three (3)
• rooms are used for the accommodation of such guests or tenants, which
. may maintain a public dining room in the same building, serving only
residents and regular boarders by the week or month.
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• 2. 114 Semi-Public Body. Includes churches and organizations
• operating as a non-profit activity serving a public purpose or service •
and includes such organizations as non-commercial clubs and lodges , •
theater groups , recreational and neighborhood associations , and cultural
activities .
. 2. 115 Service Stations . Any business engaged primarily in
the servicing of automotive vehicles, including the sale and delivery of
. fuel, lubricants , and other-products necessary to the operation of
automotive vehicles including the sale and installation of accessories ,
tires and batteries , seat covers, tire repair, cleaning facilities,
minor engine tune-ups and, wheel balancing end aligning, brake service, but'
not including mechanical or body repair facilities , the sale or rental
• of vehicles or trailers . This term shall also include the term "filling
. station" and "gasoline pumping station".
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2.116 Setback. The minimum horizontal distance between the
street, rear or side lines, and front, rear or side lines of the building?
including steps, terraces, or any projection thereof; when two (2)
or more lots under one (1) ownership are used for a single permitted
principal use, the exterior property lines of the lots so grouped shall •
• be used in determining setbacks . . .
2. 117 Shopping Centers . Shopping centers are hereby defined
• as a group of retail sales and service business establishments customarily ,
under single ownership and/or management, identified as a shopping entity,
• constructed in accordance with an approved plan consisting of at least •
• five (5) acres of land with a minimum depth of three hundred (300) feet
and having common .ingress , egress , and parking facilities . •
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2. 118 Shoreline. A line on waterfront property other than a •
bulkhead line which follows the general configuration of the apparent mean
high water line.
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2.119 Special Approval. The affirmative consent of the •
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Zoning Board in the approval of Special Exception or "Uses Permitted •
Upon Special Approval" where specific provision is.made, and under the
conditions provided in this ordinance.
• , 2. 120 . Special Exception. Uses of land and/or water and •
buildings, not permitted as a matter of right or as a permitted
principal use, in a particular district, but which may be permitted
by special approval of the Zoning Board in accordance with the provisions
• of this -ordinance. •
2. 121 Structure. Any construction or-any production or
piece of work artifically built up or composed of parts joined' together
in some definite manner.
2. 122 Subdivision. A division of a lot, tract, or parcel of •
land or water into two (2) or more lots, plots, sites or other subdivisions •
of land or water for the purpose, whether immediate or future of sale,
rent, lease, building development, anchorage or other use,. and which
further includes. the term "subdivide',' meaning to divide land by conveyance
or improvement into lots, blocks , parcels, tracts or other portions . •
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2.123 Tourist Cottage. ' A single family dwelling used as •
f '? a part of a Tourist Park. •
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2. 124 Tourist Park. A lot or parcel of land upon which
three (3) or more tourist cottages are offered as living accommodations to
• the public. •
2. 125 Townhouse. A single family. living unit in a group ,
of similar units situated on its own lot or parcel 'of land, having •
no side yards or setbacks from adjacent townhouses in the group and no
openings in side walls; being physically separated and structurally •
independent from adjoining townhouses .
2. 126 Trailer. Any portable or movable structure or non-self,
• • • propelled vehicle not used for living purposes , but used for moving and
hauling freight, equipment or merchandise and including collapsible
camping trailers , boat trailers and construction trailers..
2. 127 Travel Trailer. Any vehicular portable structure
built .on a chassis designed by the manufacturer as a temporary dwelling
for travel , recreational, and vacation use and when equipped for the road,
with a body width not exceeding eight (8) feet, and overall length not
exceeding thirty three (33) feet, and weight not exceeding 4,500 pounds;
hereinafter called "travel trailer".
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. 2. 128 Truck Coach or Camper. Any portable structure without
chassis ,or wheels built by the manufacturer for transport by truck and
designed as a temporary dwelling for travel, recreational and vacation use, .
hereinafter called "camper".
2. 129 Truck Stop. Any business primarily engaged in providing
services to truckers and the servicing of trucks , tractors, semi-trailers
while enroute, of any size up to and including the legal maximum size -
and weight permitted to travel on Florida roads and highways . Service shall
include. the sale and delivery of fuel, lubricants, and other products
necessary to the operation of trucks, tractors and semi-trailers , including .
the sale, installation or repair of accessories , tires, batteries , and
filters; engine tune-up and minor engine repairs; wheel balancing and
aligning, brake service, cleaning facilities , service and repair to the
electrical system and electrical components; but shall exclude major engine
and mechanical repairs, engine and transmission overhaul , paint and body
repairs except as may be required as an emergency repair to permit a truck,
tractor, and/or semi-trailer to proceed safely to its destination. Accessory.
uses may include a restaurant, bunk house, or lodging accommodations
and personal services for truckers . •
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2. 130 Use. Any activity, function, or purpose to which •
a -parcel of land or a building is put and shall include the words
( .. ) • "used", "arranged", or "occupied" for any purpose including all residential,
commercial, business , industrial, public or any other use.
2. 130.1 Principal Use. The main use establishing the reason and
basis for a building or structure and comprising the general activity
for which such_ building_and/or property is used.
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2. 130.2 Accessory Use: Accessory uses are those activities . .
• established as secondary, in support of and dependent upon the principal
use.• No accessory use shall be permitted which is not otherwise permitted
as a principal use in the district in which both the principal use and
• accessory use are proposed. • •
2. 131 Vacant. .A building or parcel of land shall be deemed
vacant, when it is neither occupied nor used, or when it is in a non-
operative status for a period of one (1) year.
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2. 132 Variance. The reduction or relaxation of the terms of
restrictions or requirements in regard to lot area or width, or building.
height., size, or setback granted by the Zoning Board or Board of Zoning Appeals;
provided such action is not contrary to the public-interest, and where, due to
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conditions perculiar to a given property, the strict enforcement of the terms
would result in obvious and undue hardships. No variance can grant land-
use which is 'Otherwise prohibited. •
2. 133 Waterfront. Any site shall be considered as waterfront
property provided that any portion of such property physically abuts any body .
of water, natural or artificial; but excluding swimming pools and drainage
• • facilities which do not permit any type of sport or recreational pursuit.
2. 134 Yard. The open space existing on the same lot with a
• principal,building, unoccupied and unobstructed by buildings from the ground
to the sky, between the lot line and the building line. .
2. 134. 1 Front Yard. The yard extending across the entire width
of the lot between the front lot line and front building line. The lot line of a • •
lot abutting a public street shall be deemed the front lot line. The front yard
of a corner lot shall be that yard aubtting the street with the least frontage,
, unless otherwise determined on a recorded plat or in a recorded deed.. The
front yard of a lot existing between two (2) streets not intersecting at a corner,.
of the lot shall be the yard abutting the street on which adjoining properties
face, unless .otherwise determined on a recorded plat or in a recorded c3,ed.
2. 134. 2 Rear Yard. The yard extending across the entire width
of the lot between the rear lot line and the rear building line. The rear lot . •
line shall be the lot line farthest removed from the front lot line. •
2. 134. 3 Side Yard. The yard extending from the front building •
line to the rear building line between the side lot line and the side building '
• line.
2. 135 Zoning Board. The term "Zoning Board" shall refer to
. ' the Monroe County Zoning Board as provided in Chapter 61-2503 Laws of
Florida 1961.
2. 136 Zoning Director. The term "Zoning Director" as used
• in this ordinance shall mean the person duly authorized by the Board of
County Commissioners and delegated the responsibility for the administration
and enforcement of the Zoning Ordinance of Monroe County, Florida. This
then is interchangeable with the term "Director of the Building and Zoning
Department" of Monroe, County, Florida. •
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• 2. 137 Zoning_District, The unincorporated areas of Monroe •
• County, Florida, having been assigned a classification as provided by law..: •
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and as designated on the Zoning Maps of Monroe County, Florida.
2. 138 Zoning District Boundary. See "Boundary of District".
2. 139 Zoning Map. The term "Zoning Map" or "Maps" shall .refer.
to the official Zoning Map of Monroe County, Florida.
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ARTICLE III
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APPLICATION PROCEDURES •
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Section 1, General Procedures
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Rezone, Special Exception, Variance and Text Change Petitions to this
ordinance may be initiated by the County Commission, Zoning Director, or
• by the owner of the land included in the petition as follows .
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1. 1 Petitioner fills out petition form and submits it to •
• the Building and Zoning Department together with the required fee. Attached
to the petition shall be a sketch not larger than 17" x 22", approximately to
scale showing the property for which the petition is filed and all adjoining
property within a 500' radius of the subject property boundaries. •
1.2 A public hearing date is set; the petitioner is notified
by mail of the date of the hearing, and a legal notice regarding the hearing
is published in a local newspaper. Both notice by mail and notice by publi-
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cation shall be given at least fifteen days before the board meeting. •
1.3 Except for amendments or changes in the text of the zoning
ordinance, a copy of the petition and notice of the public hearing date shall
• be mailed by the Building and Zoning Department to all property owners-within a
500' radius of all the boundaries of the property included in the petition,
1.4 The public hearing is held by the Zoning Board. At the
hearing the petitioner or his agent, 'under oath, explains thie reason for the
petition and answers any questions which may be asked. Any person who wishes
to .voice an opinion on the petition at the hearing may do so.
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1.5 After all parties at the public hearing are heard, the
Zoning. Board shall act on the petition either on the same day as the public,
• . hearing or at a later date, after all necessary investigations are completed.
1.6 If, after the Zoning Board has acted on the petition, an
appeal is brought by the petitioner or another concerned party, the. Board of
Zoning Appeals shall hold a public hearing to take action upon the appeal.
Notice of the public hearing stating the time and place of the hearing shall •
be mailed by the Building and Zoning Department to all property owners within
a 500' radius of all boundaries of the property included in the petition. The
notice of the hearing shall be mailed at least fifteen days prior to the
• scheduled public hearing date. •
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1.7 Upon completion of action by the Zoning Board and/or the
Board of Zoning Appeals, the County Clerk notifies the petitioner of. the final
action.
Section 2. Schedule of Petitions , Appeals and Application Fees •
Rezone Petition $50 .00
Zoning Ordinance Amendment Petition $50 .00
Special. Exception Petition $50 .00 •
Variance Petition $50 .00
Administrative Decision Appeal . ' $15 .00
Temporary Use Permit Application • $15.00
When the petitioner is a public agency or in other circumstances which .
warrant the waiver or reduction of a fee, the Zoning Director may authorize
such waiver or reduction. �.
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Section 3. General Considerations
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All development projects shall be laid out in accordance with the Monroe
County Plat Filing Regulations with due consideration given to the intended
• purpose of the project.
Section 4. Shopping Center Plan Requirements
An application for approval of a shopping center plan shall include the
following:
4.1 Location Map. Location map drawn to a suitable scale.
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4.2 A Site Plan. A site plan shall be drawn at a scale of
not less than 1"=50 ' showing:
4.2. 1 All property and/or parcel lines and dimensions; the
location and dimensions of each building; the square footage of each build-
ing; and unit and total of all buildings by (1) retail sales or business use
area, (2) storage and other. non-retail and non-business uses , and (3) total .
4.2. 2 The layout and location of off-street narking spaces ,
total number of spaces, ingress and egress locations and dimensions, driving
lanes , pedestrian ways , sidewalk, curb lines , loading and unloading zones .
4.2.3 Screening, including walks, and landscaping.
4.2.4 Storm drainage facilities , water and sanitary sewer •
mains, by location and size.
4. 3 Perspective Drawings . The perspective drawings or render-
ings should indicate mass relationships, architectural treatment, and color
schemes as a minimum.
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4.4 Approval. Approval of the plan by the Zoning Board with
• such changes and recommendations as may be required for approval constitutes
authority for the issuance of a Building Permit(s) for all or part of the
• shopping center as approved, subject to all other codes and regulations of
Monroe County. If the shopping center is to be constructed in phases , no
further review or approval of the plan will be required for subsequent
Building _Permits provided such permits are issued in accordance with the
plan as originally approved. If. changes to the originally approved plan
• are proposed, the revised plan must again be reviewed and approved by the .
Zoning Board,
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4.5 Ownership. Parcels of land may be sold to separate
owners within the shopping center area, and the original plan may include 'one
(1) or more parcels, under separate ownership, provided the total area meets
all. the requirements of this Section.
• Section 5. Townhouse Development Requirements •
5.1 Subdivision Plat. Any application for a permit for a
project permitted under this Section shall include a subdivision plat if any
parcels of land are to be sold,and/or streets or other land areas are to be
dedicated to the public, in accordance with the procedures and requirements
of the Monroe County Plat Filing Regulations; or a Site Plan if no land
is to be divided or separate parcels sold and no public streets or lands
are. to be dedicated to the public. Such subdivision plat or site plan
shall be drawn to a scale of not less than 1"=50 ' , and shall show all property
lines and dimensions, lot, parcel, and block numbers or appropriate identification,
street and easement lines and dimensions, offstreet parking spaces ,, the
location and dimensions of all buildings , structures, yards and spaces ;
• and the identification of uses of all buildings and lands . Each subdivi •
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sion plat or site plan shall be submitted to the Zoning Board for its
review and approval. No Building 'Permit shall be issued for less than twelve
(12) units and no Certification of Occupancy shall be issued until at least •
twelve (12) units are completed.
• 5.2 Plan Requirements. Same as for Apartment Projects. See
Section 7 of this Article.
5.3 Compliance With Condominium Act. Condominiums shall •
also meet the requirements of Chapter 711, Condominium Act, Laws of
Florida. •
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Section 6. • Mobile Home Development .Requirements
6.1 Approval of Mobile Home Parks . . No Mobile Home Park
may hereafter be developed or expanded until the Site Plan has been approved
by the Zoning Board, which approval shall be given provided the plans as
submitted meet the requirements contained in this ordinance. -
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6.2 Contents of Plans . Complete site plans for mobile home
. parks shall be submitted at a scale, of not less than 1"=50 ! and shall show:
6 .2. 1 The area and dimensions of the proposed mobile home park.
6.2.2 The proposed street and lot layout..
6.2. 3 The proposed location of water, natural gas, and sewer,
lines . •
6:2.4 A preliminary drainage plan for the mobile home park
• prepared by a registered engineer.
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6.2.5 Proposed location and dimensions of all buffers, office . .
structures , utility buildings , recreation areas, and like uses .
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6.2.6 A preliminary plan showing the proposed method of central
sewage collection, treatment and disposal.
6.3 Perspective Drawings . The perspective drawings or render-
ings should indicate mass relationships, architectural treatment, and color
schemes as a minimum.
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Section 7. Apartment Project Requirements
7. 1 Plan Requirements . An application fo-r approval of an •
apartment project site plan shall include the following:
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7. 1.1 Location map at a suitable scale showing the location
of the proposed project in relation to the community or general area in
which the project is to be located. This map should show major identifi-
cation features such as major roads and highways , public buildings and
• water courses , scale, north arrow, and city or county boundaries .
7. 1. 2 The Site Plan should be prepared at a scale of net less
than 1"=50 ' , and shall show the following: •
7. 1 .2. 1 All property and/or parcel lines and dimensions of
each building, the square 'footage of each building, the number of square •
feet in each building in living units, the number of living units in each
building, accessory buildings and facilities , recreational buildings and
facilities , building heights, and building setbacks .
7. 1 .2. 2 The layout and location of off-street parking spaces
as required, showing the total number of spaces , ingress and egress loca-
tions and dimensions; driving lanes , pedestrian ways , sidewalks and curb
lines .
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7.1 . 2.3 Screening, landscaped buffer areas , proposed landscape
planting plan, architectural entrance features , and the location, size. and
screening of storage and garbage collection areas . -
7. 1.2 .4 Plans showing the storm drainage, water and sanitary •
sewer mains , by location and size, sewage treatment facilities , and
utility easements .
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• 7. 1.3 Perspective Drawings. The perspective drawings or render-
ings should indicate mass relationships , architectural treatment, and color
schemes as a minimum.
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ARTICLE IV
SPECIAL EXCEPTIONS
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Section 1. Purpose
: This Article provides for the approval of Uses Permitted Upon Special •
Approval not otherwise provided for in the various District Regulations;
which are unique in character, or because of unusual circumstances related •
to such uses, may be proper uses, in suitable locations, with appropriate
restrictions as may be determined in each case.
Section 2. Applicability
The "Uses Permitted Upon Special, Approval" as provided in this Article
• may he permitted in any district except where District Regulations expressly •
prohibit such uses in the District for which the use is sought. • None of the
Special Uses specified in this Article are permitted in any District as a
matter of right, except where such uses are specified under "Special •
Exceptions" for the District in which the use is requested.
Section 3. . Procedure
Requests for approval of special exceptions shall be submitted to the
Zoning Director in writing; setting. forth in detail the proposed use, .and such
• other plans or information as the Director may deem pertinent. After find-
ing 'the request in order, the Director shall set a date and time for a '
public hearing on the request. After the public hearing, and after its-
own review of the request the Board may grant or deny the special use re,
quested, or may grant special approval 'subject to compliance with such
conditions, restrictions or requirements as the Beard may require in order
to protect the best interests of the public health, safety, morals and
general welfare. This procedure shall apply to all "Uses Permitted Upon
Special Approval" as provided in each of the several District Regulations.
Approval of a Special Use, with or without conditions , shall be considered
• . valid for a period of one year to the extent that it may be revoked following
the procedure for amendment to the Zoning Maps . Upon expiration of the time
limit, if the special use has not been initiated, the special use approval -
shall become void and the-property shall revert to its original zoning
classification.
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Section 4. Standards for Approval •
The Board shall either approve, approve with conditions or disapprove
each request for a special use after giving due consideration to:
4. 1 The effect of such use upon surrounding properties .
4.2 The suitability of the use in regard to its location,
site characteristics, and intended purpose.
4.3 Access , traffic generation and road capacities .
4.4 Economic benefits or liabilities . •
• 4.5 Demands on utilities , community facilities , and public
services .
4.6 Compliance with the Comprehensive Plan for Monroe County.
4. 7 Factors relating to safety, health, morals, and general
public .welfare.
Section 5. Lot and Building Requirements
Lot and building requirements shall comply with the lot and building
requirements of the district in which the special use is to be located, or
shall comply with such requirements as may be imposed by the Board upon
approval of the Special Use. •
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Section 6. Signs Permitted
Signs shall comply with the District requirements in which the Special
Use is located or such requirements as may be imposed by the Board upon
approval of the Special Use.
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• ARTICLE V •
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AMENDMENTS AND APPEALS •
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Section 1. General Intent •
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The regulations, restrictions, and boundaries set forth in this ordin-
ance may from time to time be amended, supplemented, changed, or repealed:
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Section 2. General Procedure for Amendments
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The general procedure for the amendment of .this ordinance is as follows : •
2.1 A zoning amendment may be proposed by (1) the Board
. of County .Commissioners, (2) the Zoning Board, or (3) by an individual,
corporation or duly authorized agent holding title to the land which is
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the subject of the proposed zoning change. Any individual, corporation, or
agency wishing to request an amendment shall submit their request in writing
to the Building and Zoning Department which shall transmit the same to the •
secretary of the Zoning Board. A request submitted by an individual, ' •
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.corporation, or agency shall be accompanied by the necessary fees and the
. request shall contain or be accompanied by all 'pertinent information which '
may be required by the Zoning Board for proper consideration of the matter. •
2.2 All proposed amendments shall be submitted to the Zon-
ing Board for study and recommendations . The said board shall study such
proposals to determine: (1) the need and justification for 'the change;
(2) when pertaining to the rezoning of land, the effect of the 'change, if
any, on the particular property and on surrounding properties ; (3) when
pertaining to the rezoning of land, the amount of undeveloped land in the
general area having the same classification as that requested; and (4) the
. relationship of the proposed 'amendment to the purposes of the County's
• comprehensive plan for development, with appropriate consideration as to
whether the proposed change will further the purposes of this ordinance and
the comprehensive plan.
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• 2.3 No action on the requested change may be considered by the
Zoning Board until such time as public notice of a public hearing on the
proposed change has been given to the citizens of Monroe County by publication
of a notice of the hearing in a newspaper of general circulation, at least .fif-
teen (15) days in advance of the hearing. No action on the requested change
shall be made by the Zoning Board unless and until the public hearing has
been held.
', 2.4 Proposals originating with the• Board of County Commis
• sioners , the Zoning Board, or a department or agency of the County shall
he processed as in 2.2 and 2. 3 above.
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If the Zoning Board does not act upon the petition within• six (6) months of the date of its receipt the petition shall be deemed to have been denied.
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Section 3. Limitations
No amendment to rezone property shall contain conditions , limitations,
or requirements not applicable to all other similarly zoned property.
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When a parcel of land contains less than 200 feet of frontage' and less
than 40,000 square feet of area, no amendment to this ordinance shall be •
enacted to change the zoning classification of that parcel except to the
zoning classification of a property adjoining the said parcel .
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Whenever the Zoning Board has taken action to deny a petition for the rezoning of property, the Zoning Board shall not:
3. 1 Consider any further petition for the same rezoning of
any part of the same property for a period of one year from the date of
such action;
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.J.2 Consider a petition of any other kind of rezoning on
any part of the same property for a period of one year from the date of
such action. •
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Whenever the Board of County Commissioners has , by amend-
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ment, changed the zoning of any property, the Zoning Board shall not consider .
any petition for rezoning of any part of the same property for a period of
six months from the effective date of the amendatory ordinance.
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The time limits of this subsection may be waived by the
affirmative vote of four (4) members of the Board of County Commissioners,
when such action is deemed necessary to prevent injustice .or to facilitate
the proper development of Monroe County.
J.3 The Zoning Board shall act upon any request for change
with a written statement of the reasons for its action.
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Section 4. Board of Zoning Appeals• •
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The Board of County Commissioners shall serve as the Board of Zoning . • .
Appeals, and, when acting in the latter capacity shall have the following •
duties*: •
4..1 To hear and decide appeals where it is alleged there is
• • error in any order, requirement, decision, determination or action of the
Zoning Board or its staff in the enforcement of this ordinance.
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Section 5. Appeals from Administrative Rulings
5.1 . Any person or persons claiming to be aggrieved on account '
• of any ruling which enforces this ordinance may appeal in writing to the
Board of Zoning Appeals. Any such appeal must be filed within thirty (30) •
days after the act or decision upon which any appeal is made and must specify
the grounds thereof.
• . 5.2 Upon receipt of a written appeal , the Board of Zoning
*Appeals shall set the date, time, and place of the public hearing and shall
give public notice as well as written notice to all interested parties .
The building official shall forthwith transmit to the Board of Zoning
Appeals all papers-or other records upon which the action or decision appealed
t. from was taken. During the' hearing of an appeal, any interested party
. may appear in person or by agent or attorney.
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5. 3 An appeal from administrative ruling shall stay all • •
• ' proceedings and all work on the premises involved unless such stay shall
be deemed to imperil life or property. In such cases , proceedings or work
shall not be stayed except by a restraining order which may be granted by •
the Board of County Commissioners or by the Circuit Court if the same shall
have theretofore been refused by the Board of County Commisioners . The
• Board of County Commissioners may, upon proper petition and after reasonable
notice and hearing, reverse or affirm, wholly or partly, •or may modify the
order, requirement, decision or determination made by an administrative
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official in the enforcement of any zoning ordinance adopted pursuant to this
act or may make such decision or take such action as the official should
have made or taken. To that end, the Board shall have the powers of the
• official from whose decision the appeal is taken.
Section 6. Application for Variance
6 . i Any owner, agent, lessee or occupant of land or struc-
ture may apply in writing to the Zoning Board for variance from the requirements
or restrictions of this ordinance; except that no appeal for use variance
may be considered. Applications should be submitted through the Director,
stating specific variances requested.
6.2 Upon receipt of application for variance the Zoning
Director shall fix a date, time and place for the hearing thereof, and
• give public notice as well as written notice to parties in interest. The
Director shall investigate the conditions pertaining to the particular
variance requested, and. shall, at the public hearing, give the facts involved.
The parties in interest may appear at the hearing in person, by agent .or
attorney.
6.3 After hearing the application for variance, together
with such other reports or' testimony deemed pertinent, the Zoning Board
may deny the application or grant such variance from the terms of
this ordinance as may meet the conditions hereinafter set forth. Action.
by the Zoning Board shall require the concurring vote of a majority of •
its members , and a variance can be granted only if all .of the following •
conditions are found to exist: •
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6.3. 1 Unique or peculiar conditions or circumstances apply
• . to the property in question which do not apply to other properties in
the same district. •
• 6.3.2 The strict and literal enforcement of the terms of this .
ordinance would result in demonstrable and undue hardships , or deprive the
petitioners of rights commonly enjoyed by other property owners in the •
same district.
• 6. 3. 3 The granting of the variance would not confer upon the
• petitioner any special privilege .that is denied by this ordinance to other
properties in the same district. •
6.3.4 The variance, if granted, would not be injurious to
surrounding properties nor contrary to the public interest.
6. 3.5 The variance requested does not involve any use which is
not permissible in the district:wherein the property is located.
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Section 7. Time. Limitation
If a petition for rezoning, special use or variance be granted by the .
Zoning Board, the applicant shall initiate necessary action to. implement his .
plans within one year from the date the petition was granted. Should the
• owner fail to initiate action within one year, the granted rezoning, special
use or variance shall become void and the property in question shall revert
to its original zoning classification. Under certain circumstances , the
property owner may request a reasonable time extension beyond the one year
limit. If the Zoning Board deems the request to be reasonable and justified
a time extension for a specific period may be granted.
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ARTICLE VI •
ADMINISTRATION AND ENFORCEMENT
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Section 1. Administration
1.1 Zoning Board. The Zoning Board shall consist of members
appointed for atone year term which may be extended on a year to year basis .
Members shall be subject to removal for cause at any time by majority vote
of the Board of County Commissioners . Appointment to the Zoning Board •
shall be made by the Board of County Commissioners . •
Members of the Board shall receive a salary of $50.00
per month plus reimbursement of expenses based on mileage traveled in the
performance of their duties .
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The Board shall elect from its membership, a chairman
• and a secretary and such other officers as the Board may deem necessary or .
proper. The chairman, secretary and other officers of the. Zoning 'Board
shall serve for one year and may succeed themselves upon reelection to the
office by the Board of County Commissioners. . .
1.2 Procedure. ' The Board of County Commissioners shall
adopt rules. of procedure for the transaction of business by the Board. The
Board shall maintain a record of all transactions and the same shall be a
public record.
The Board shall hold regular meetings at least once in
each calendar month. The monthly meetings shall be held on alternating
months in the Upper Keys (Plantation Key) , Middle Keys (Marathon) and
Lower Keys (Key 'West) in the County Courthouse; its substation courthouses
or other designated locations .
1.3 Zoning. The Board shall, on its own motion or upon
request of the Board of County Commissioners, act on all zoning matters.
1.4 Amendments and Alterations . Amendments and alterations
to the zoning ordinance and district boundaries may be proposed by the
Board of County Commissioners , by the Zoning Board, or by a petition of the
• owners of fifty (50) percent or more of the land to be affected by the pro-
• posed amendments . Upon due notice and hearing the Zoning Board shall act
upon the matter as provided by law.
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Section 2. Administration and Enforcement of Performance Standards
Every application for individual uses shall be subject to the following
' procedures:
2. 1 Application. Application for a Building Permit or a
Certificate of Occupancy for any individual use shall be submitted to the Zoning
Director. The applicant shall also submit, in duplicate, a plan of the proposed
construction or development, including a description of the proposed machinery
operations, products, and specifications for the mechanisms and techniques
• Used in restricting the emission of dangerous or objectionable elements. The
applicant shall also acknowledge, in writing, his understanding of the applicable
performance standards Section 36, Article VII of this ordinance and' shall submit
an agreement to conform with such performance standards at all times. No
applicant shall be required to reveal any secret process, and any information
submitted will be treated as confidential if so requested.
• 2. 2 Review of Application. If, after review of such application
by the Director, there is found to be any reasonable doubt as to the likelihood
of conformance, the Director shall refer the application to the Board. The
Board may determine whether.or not the Building Permit should be issued. In
•the event the Board is unable to determine whether or not the applicant will
conform to the performance standards as set forth in Section 36, Ar\ticle VII,
the Board may, on its own initiative, request advice and recommendations from
specialists or consultants in such technical fields as might be deemed neces-
. sary. Costs of such consultants or specialists shall be borne by the applicant.
2. 3 Enforcement. The Zoning Director shall cause any alleged
violations of•the performance standards to be investigated, and if there is
found to be a reasonable ground that a violation exists, such violation shall be •
noted and shall be treated as all violations of this ordinance.
Section 3. Violations
Whenever violations of this ordinance are .observed by or reported to the
• Director, he shall promptly investigate. If such violation exists, the Director
shall immediately notify the offending party. If such notification fails to result
• in satisfactory conformity within a reasonable, time the Director shall either
request legal counsel to petition the Courts for an injunction to require satis-
factory conformity, or in the alternative violators of this ordinance may be
charged with a misdemeanor. Any legally constituted law enforcement agent
of Monroe County is empowered to take any and all necessary action to assure
enforcement of and conformance with this ordinance.
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ARTICLE VII
GENERAL PROVISIONS .
Regulations under this Article shall apply to all zoning districts and
to all buildings , structures , and uses of land or water in all zoning districts
except as may otherwise be provided in the following regulations :
Section 1. Access Control •
In order to promote the safety of motorists and the pedestrian and to
minimize traffic congestions and conflict, the following regulations shall
apply:
1.1 • A point of access , that is , a driveway or other opening
for vehicles onto a public road shall not exceed twenty 'four (24) feet in
width, except as otherwise provided. in this Section.
1.2 The maximum number of points of access permitted onto
any one (1) road shall be as follows :
Lot Width Abutting Road Number of Points of Access
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Less than 65 feet 1
65 feet to 200 feet 2
Over 200 feet 2, plus one (1) for each
additional 200 feet
1.3 In lieu of any two (2) openings permitted onto any one •
(1) road, there may be permitted a single point of access up to thirty five
(35) feet in width.
1.4 There shall be a minimum distance of twenty (20) feet
between any two (2) openings onto the same road.
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1.5 No point of access shall be allowed within twenty five
(25) feet of the intersection of the right-of-way lines of any public road.
1 .6 No curbs shall be cut or altered, and no point of access
or opening for vehicles onto a public road shall be established without a
permit issued by the Zoning Director.
.1. 7 Department of Transportation specifications on State Roads
shall be complied with. '
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1 .8 The Zoning Board may require the construction of pull- .
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over lanes for access to commercial uses generating significant traffic . .
. problems on U.S. Highway 1. The cost of these lanes shall be borne by
the applicant and shall be constructed in accordance with the Department
of Transportation standards and regulations . It shall be the responsi-
bility of the applicant, to contact the Department of Transportation ••
engineers and to arrive at a workable agreement with the Department of
Transportation for the construction of pull-over lanes . A Building Permit
shall not be issued until the. Building and Zoning Department receives in •
• writing sufficient evidence to indicate that such pull-over lands will be
• constructed.
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1.9 • On commercial properties where an applicant propose
development of an area abutting U.S. Highway 1, a distance of three
hundred' (300) feet or more, the Zoning Board may require the applicant to
construct., a marginal access road; such road intended to provide limited •
access to U.S. Highway 1 and providing direct access to each business use
along the property which it abuts . The cost of constructing such marginal •
access road shall be borne by the applicant.
Section 2. Abandoned Real Property
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2. 1 Should any public street or alley right-of-way hereafter
be officially vacated or abandoned, the character and zoning classification
of each parcel abutting the abandoned right-of-way shall apply to the center- .
line of.the abandoned property. In the event abandoned property is riot
divided at the centerline for abutting properties , the Zoning districts
• applicable shall apply to such oW nership lines as determined by virtue of •
such abandonment.
2.2 For any public property other than street or alley
rights-of-way, those portions of this. ordinance pertaining to the zoning
classification which abuts the property for the greatest number of lineal
• feet shall apply to the entire property. ,
Section 3. Abandoned Vehicles
Within all zoning districts except BU-3 Districts , all vehicles which
• are inoperative and/or unlicensed for a period of thirty (30) days shall be
prohibited on any public right-of-way or on private property except within a
completely enclosed garage.
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Section 4. Abandoned Watercraft •
Within all districts except BU-3, all watercraft which are inoperative
and/or unlicensed and appear to be in a state of decay and/or abandonment, as
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determined by the Zoning Director shall be prohibited on any waterway,
shore, private or public 'property unless contained in a completely
enclosed.building.. •
Section 5. Agricultural Uses in Residential Areas
Nothing in this ordinance shall be construed to prohibit the customary
growing of plants in residential districts including vegetable gardens and•
the growing of-horticultural specialties provided that no agricultural pro
ducts, 'including plants; shall be sold from the premises . This provision
• shall not prohibit the property owner from selling plants or agricultural
products delivered to other locations for sale.
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Section 6. Animal Accommodation Facilities
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Animal accommodation facilities as defined in Section 2.6, Article II
. shall be permitted uses only in the BU-3 District.
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• Section 7. Approval of Subdivision Plat
f- , All plats for the subdivision of land shall comply with the provisions
of the Monroe County Plat Filing Ordinance as adopted and as amended..
.Section S. Authority to Enter Upon Private Property •
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Any member of the Building and Zoning Department, in the performance of
his duties under the provisions of this ordinance may enter upon public or ... ' •
private property and make proper examinations and surveys as deemed necessary .
in the administration and enforcement of this ordinance. .
Section 9. Boat Docks , Boat Houses , Boat Lifts and Seawalls . .
• No covered or uncovered boat docks , boat houses or boat lifts or sea-
walls shall be constructed within Monroe County, Florida, without a permit.
All applications for a permit to construct a dock over any body of water
or stream ,shall be submitted to the Zoning Board for approval . Conditional
issuance of a permit by the County shall not be construed as relieving
the applicant from obtaining all applicable State and Federal Agency ap-
• provals and permits nor shall said County approval be construed as removing
or countermanding any deed restrictions or covenants .
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. The Zoning Board may regulate the length, construction, and such other
features of boat docks, and shall not approve structures which would create.
a• hazardous condition to the navigation of waterways and to the pursuit Of
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-- watersports . Approved structures shall comply with specifications and
requirements adopted by the Board of County Commissioners as available in the
Zoning Director's office. In single family residential areas , non-commercial,
permeable or floating uncovered structures such as piers, docks , wharfs, ramps ,
mooring devices, lifting and launching 'devices, accessory to a single family
•dwelling and serving only the residents of that dwelling shall be permitted..
Such structures shall not extend offshore from the apparent mean high water. . •
line more than one hundred (100) feet or ten (10) percent of the open water
span at the point of installation, whichever is less . Unwalled roofed areas
or boat shelters are permitted on conforming piers', docks or wharfs, provided
that no part of such superstructure extends further offshore from the apparent
mean high water line than the permitted structure.
Section. 10. Camping •
Camping in Monroe County is expressly prohibited' in all locations except, •
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in recreational vehicle parks in RU-6 districts .
Section 11. Churches and Schools •
Public and private schools shall be subject to the ,regulations set •
forth in Article IV, Special Exceptions of this ordinance. Churches and
religious institutions may be permitted in districts only after approval •
of the Zoning Board which shall hold a public hearing on such request
after giving fifteen (15) days notice of the time and place of such hearing.
Section 12. Condominiums • '
This ordinance 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 ordinance as is any
. other "form of ownership. Condominiums of any kind, type or use shall com •
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' ply with the provisions of Chapter 711, Florida Statutes , known as the
"Condominium Act". •
Section 13.. Deed Restrictions
This ordinance shall 'not affect any deed restrictions or restrictive '
• covenants recorded with any deed, plat, or other legal documents , relating-
to the use, or lot and building requirements . No person or agency, in the . .
capacity of enforcing and administering this ordinance, shall be responsible
for enforcing any deed restrictions or restrictive• covenants . Property
owners and builders should take such restrictions into consideration
" before. applying for a permit to avoid possible action by aggrieved parties .'
• Section 14. Fences and/or 'Hedges
• ' In all residential districts, rear setback requirements shall not apply
to fences and/or hedges six feet or less in height. Side setback requirement§ .
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shall not apply to fences and/or hedges six feet or less in height from the
rear lot line to the front setback line.
• Front and side setback,requirements shall not apply to fences and/or .
hedges three feet high or less nor shall they apply to chain link fences • . •
four feet high or less . In all districts other than residential, setback . •
requirements shall not apply to fences and/or hedges six feet high or less .
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Section 15. Home Occupations •
Home occupations, including any profession, vocation, business , trade
and personal services, may he conducted in any Residential District only
. after anproval of the Zoning Board which shall hold a public hearing on such
request, after giving fifteen (15) days public notice of the time and place of
such hearing, The Zoning Board may then deny or grant approval of the
home occupation in accordance with such regulations as the Zoning Board
may determine to be in the public interest, consistent with the provisions
of this ordinance.
15. 1 The home occupation shall be conducted within the •
principal building and only by a person resident in the building. • Not more •
than one (1) person shall be employed who is not a resident of the premises .
15.2 No more than twenty (20) percent of the total floor area
of any dwelling unit may be devoted to such uses .
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15. 3 For the purpose of identification of such use, one (1)
• non-illuminated wall sign, • not exceeding two (2) square feet %in •area may be
permitted. Such sign shall identify only the name of the profession and
the name of the occupant of the premises .
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15.4 No motore power other than electrically operated motors •
shall he used in conjunction with such home occupations and the total
horsepower of such nermitted electrical motors shall not exceed three (3)
horsepower or one (-1)horsepower for any single motor.
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15.5 There shall be no alteration in the residential character •
of the premises in connection with such home occupation.
15.6 No merchandise or articles for sale shall he displayed for •
advertising purposes and no sign device relative to the sale of such merchan-
dise shall be displayed on the premises .
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15. 7 No articles or materials used in connection with such
• home occupation shall be stored other than in the principal building so used.
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15. 8 Anv home, occupation as provided for in this Section may
. be reviewed by the Zoning Board at any time after twelve (12) months follow
ing the approval of such use; and. the Board may revoke the permission to •
• continue such home occupation, at any time thereafter.
Section 16. Houseboats and Boats Used for Living Purposes
No boat, houseboat or vessel shall be used for living purposes in any "R"
• (residential) district. Living •aboard houseboats or boats shall be permitted
• only in marinas approved for this purpose by the Zoning Board, and where •
permitted sanitary facilities aboard the vessel shall comply with all regu-
lations of.the State Division of Health. Prior to granting a permit for
living on a boat or houseboat, the Zoning Board will require a certificate
• from the owner stating that the vessel complies with all Monroe County
• I-Iealth Regulations and all sanitary requirements of the State Division of
.Health. Sanitary waste shall not be discharged into any watercourse.
• Marinas shall provide suitable sanitary waste collection and treatment •
facilities for all vessels accommodated within the marina boundaries .
Permanent docking of boats or other floating structures being used as
dwelling units or commercial establishments shall not, be approved unless the
boat or. other floating structure has an enclosed cabin area of at least
thirty (30) feet in length.
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Permits issued for boat or other floating structure occupancy through a
,public hearing shall not be granted far more than one year, renewable at the
discretion of the Zoning Director upon application of same and renewable fees
• in the amount of fifty ($50.00) dollars per year.
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Section 17. Interpretation of Permitted Uses
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In the administration and enforcement of this ordinance all uses not
• expressly permitted in any district are otherwise prohibited. •
Section 18. Junk Yards
Junk yards as defined in this ordinance shall he permitted only in, BU-3
districts with special approval. All junk yards shall be screened from view
from public right-of-way by a masonry wall with a minimum of six (6) feet of. •
height of solid face construction and two (2) feet ornamental superstructure.
The required wall along a public right-of-way shall conform to the front yard-
requirements of the BU-3 district. No junk shall be stacked such that it •
would be visible from the public roads . Existing non-conforming junk yards
shall comply with the above mentioned screening requirements within one year
of the effective date of this ordinance.
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Section 19. Land and Water Fills , Dredging, Excavation,
Mining and Quarrying
No person shall engage in the filling of land or water areas, dredging, •
the excavation of land or removal of earth, and no mining operation shall be
undertaken without approval by the Zoning Board which shall deny or grant •
approval only after a public hearing. . All applications for permits for •
activities covered by this Section shall he acted upon by the Building
and Zoning Department. The Zoning Board may require such safeguards as
may be deemed necessary to protect the-public health and safety upon '
approval of a permit. Approval action by the Building and Zoning Department
may be conditional until all permits for the proposed operation have been .
obtained from the cognizant State and Federal .agencies . All requirements
of the .plat filing ordinance governing pits, guarries, and excavations shall
be met.
Section 20. Land Subject to Flooding .
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No building shall be moved onto or constructed on land subject to fre-
• 'quent flooding in any zone, nor shall any existing building so located
be enlarged, repaired or altered except by permission of the Zoning Board.
If there is any question about the frequency of flooding of any property '
• for which a permit has been requested, it shall be resolved by the Board
• of County Commissioners . Building construction on land subject to flooding •
• may. be permitted if the structures are placed on an elevated pad or piles
• and the roads serving the property are placed'at the minimum required ele-
vations. •
Section 21. Living Units in Other Than Residential Zones
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Dwellings shall not be permitted. in any business or industrial zone as
• a principal use. However, living units may be permitted as accessory uses •
on lots of record where principal uses other than residential uses are per •
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mitted. .
Section 22. Minimum Setback from Centerline of All Roads
Required setback lines abutting a road shall be measured from the near-
est right-of-way line parallel to the centerline of such road. All setback
lines must also meet the front yard requirements as set forth in Sections
herein establishing minimum front yard requirements .
Section 23. Mobile Homes and 'Travel Trailers
Mobile homes shall be permitted to be used for living purposes in RU-5
and RU-5P districts and shall be limited to one story single wide or double
wide units with. customary additions including cabanas, carports and storage-
• units . Travel trailers, as defined in this ordinance, shall be permitted • .
only in RU-6 districts . Mobile homes used for temporary construction offices •
. , on job sites shall be permitted in any district during construction under. a
valid building permit and shall be removed from the premises before the
Certificate of Occupancy is issued. Unoccupied travel trailers and mobile •
homes shall he stored only in BU districts . Travel trailers and mobile
homes shall be prohibited in any district except as provided in this Sec-
tion, Section 41. 4 of this Article and Article X of this ordinance.
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Section 24. 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 South Florida Building Code and the Zoning Ordinance of
Monroe County, Florida. The persons causing the building to he moved shall
secure a Building Permit from the Building and Zoning Department and shall •
post a Performance Bond Of one thousand ($1,000) dollars, conditioned upon
the building being made to conform to all codes and the Zoning Ordinance
of Monroe County, Florida, within six (6) months from the date of issuance
of the Permits; said bond to be returned when all, wOrk has been completed
in accordance therewith.
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Section 25. • Non-Conforming Buildings or Structures
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Non-conforming buildings and structures shall be made to comply with,
this ordinance only after destruction exceeding one half (1/2) of the fair
market value as determined by the County Tax Assessor of Monroe County,
Florida, immediately prior to the time of the destruction. An existing .
non-conforming building or structure may be maintained and repaired, but •
shall not be structurally altered or added on to further the non-conform-
(.. ance; however, an existing non-conforming building or structure may be •
• • added onto or altered provided such addition, alteration or use is in •
compliance with this ordinance.
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Section 26. Non-Conforming Use of Buildings and Structures
26. 1 The use of any building or structure not in conformance
with this ordinance pertaining to uses permitted on the effective date of
• this ordinance may not be:
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26. 1 . 1 Changed to another non-conforming use.
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26. 1 .2 . Re-established after discontinuance for six months .
26. 1 .3 Extended, enlarged or expanded. •
26. 1.4 • Rebuilt or repaired after damage exceeding fifty (50)
percent of the fair market value as determined by the County Tax Assessor
of Monroe County, Florida, immediately prior to the damage . •
26.2 The use of all buildings and structures,' except for
residential ,uses , shall be made to conform on the basis of the fair market -
, value as fixed by the County Tax Assessor of Monroe County; Florida, at the
• • time of the effective date of this ordinance as follows : •
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Market Value of. Required Conformance •
Building or Structure Period (Years)
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0 - $ 2,000 3
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10,001 - 25,000 • 20
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25,001 - 50,000 25
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50,001 - and over 3p
•
26.3 Debris resulting from any building burned or demolished
by any cause shall be removed within thirty days (30) following the disaster,
or within thirty (30) days after settlement of any pending insurance claims .
•
Section 27. Non-Conforming Uses of Land '
All non-conforming uses of land, without principal buildings , including
open storage, building supplies, vehicles, implement and machinery storage,
either on the same lot or on another lot with a plant, factory or sales
facility; signs, billboards, junk yards and commercial animal yards and
similar uses shall comply with this ordinance pertaining. to uses permitted
within one (1) year from the effective date of this ordinance.
Section 28. Non-Conforming Structures , Vehicles , Vessels and
Mobile Home Parks •
•
Once a non-conforming structure, vehicle, vessel or other floating struc-
ture is removed from its location, no other non-conforming structure, vehicle,
vessel or other floating structure shall replace it. Non-conforming structures,
vehicles, vessels or other floating structures shall conform with this ordinance
within two (2) years after official notice by the Zoning Director. An exception
to this requirement may be granted if it is the owner's intention to return the
non-conforming structure, vehicle, vessel or other floating structure to the same'
location within thirty (30) days. Mobile I-Tome Parks in operation prior to the
adoption of this ordinance, and having a valid state license and State Division
of Health Certificate shall conform with this ordinance within five (5) years
after official notice by the Zoning Director.
•
Section 29. Nursing Homes
•
Nursing homes shall include convalescent homes , homes for the aged,
and such other activities designed to take care of the aged or persons
unable to care for themselves without supervision or assistance. Nursing
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•
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•
•
•
homes shall be permitted in districts only after application is made. and •
approved by the Zoning Board, which shall hold a public hearing on each
request after giving fifteen (15) days notice of the time and place of such •
hearing. Such uses shall comply with the off-street parking requirements as . •
set forth in Section 32 of this Article.
•
• . Section 30. Obstruction to Vision at Road Intersections •
•
In order to minimize accidents caused by obstruction to vision at road
intersections, the following shall apply in all districts:
30. 1 Within the area formed by the right-of-way lines of
• intersecting roads, and a straight line connecting points of such rights-of,,
way lines at a distance of forty (40) feet from their point of intersection,
such connecting line extending beyond the points to the curb lines, there
shall be a clear .space with no obstruction to vision between a height of
• three (3) feet and a height of eight (8) feet above the average grade of
each road as measured at the centerline thereof. •
30.2 The requirements of this Section shall not be deemed to
prohibit any necessary retaining wall .
30. 3 Trees shall be permitted in the clear space provided
that foliage is cut away within the prescribed heights .
•
•
r ._ 30.4 Lamp posts and street name sign posts shall be permitted,
provided that illuminating fixtures and name plates are not within the pre-
scribed clear space.
Section 31. Occupational Licenses •
Applications for occupational licenses must be approved by the'Building
and Zoning Department before the office of the Tax Collector can issue the
license applied for. As a condition for approval, the applicant must have
a permanent Monroe County address and the property for which the license is
being applied must be situated in a zoning district permitting the proposed
use.
•
•
Section 32. Off-Street Parking and Loading Facilities
•
In all districts , off-street parking shall be provided as shown in the •
table on the following page. •
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•
• 7-10
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OFF•STREET PARKING SPACE
REQUIREMENTS •
•
BUILDING OR USE PARKING SPACES
•
Single Family Dwelling Two spaces per dwelling unit.
•
Duplexes , Multiple •
Family Dwellings One and one half spaces per dwelling unit,
•
•
Churches , Temples , places of .
worship, funeral homes , cre-
matoriums , schools, public One space for each seventy-five square
buildings , theaters, audi- feet of seating area.
toriums , places of assembly,
private clubs and lodges . •
•
Retail sales , business ser-
vices , personal services, One space for each five members of the
• professional services organization. •
Country clubs , golf clubs,
• gun clubs, tennis clubs, One space for each five members of the
other outdoor sporting or . organization.
recreational organizations •
• Hotels One' space for each three bedrooms plus one
additional space for each five employees . .
Hospitals and sanitariums. - One space for each hospital bed. •
. . .
Nursing Homes One space for each two patient beds . ' •
Motels One space for each guest room or one space
for each bathroom, whichever is greater •
plus one space for each three employees . •
Restaurants and other non- . One space for each four seats plus one space.
drive-in eating establishments for each three employees
Rooming houses , boarding houses ,
dormitories , fraternities , One space for each two beds
sororities •
Wholesale and warehouse concerns One space for each three employees plus one
space for each company vehicle operating from
the premises plus one space for each 'one
•
hundred fifty square feet of area devoted to
sales and service.
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OFF STREET PARKING SPACE •
REQUIREMENTS
(Continued)
BUILDING OR USE PARKING SPACES
•
Manufacturing, Heavy One space for each three employees on the
Business concerns not largest working shift plus one space for
catering to retail trade each company vehicle operating from the premises
Manufacturing, Heavy One space for each three employees on the ' •
Business concerns with largest working shift plus one space for' .
retail business on the each company vehicle operating from the
premises premises plus one space for, each one. hun-
dred fifty square feet of area devoted to .
retail business.
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32. 1 Location.
•
32.1. 1 Such parking space as required in this Section shall in
. no part exist upon, and no portion of any vehicle shall overhang the right- • •
of-way of any public road, street, alley-, or walkway. There shall he no .
off-street parking in the .front yards of residential districts except as
normally exists in driveways .
32. 1.2 Parking spaces shall be provided on the same plot with •
• the main building, or not more than three hundred (300) feet distant, as
measured along the nearest pedestrian walkway, provided that such area is
under the same ownership as the principal use. Such parking area may be
located in an adjacent-residential district, contiguous to the business
' property which it will serve, provided that such area is screened so as .
to prevent headlights from shining on residential properties and to
minimize vehicular noise.. A plan for any such parking area proposed in a
residential district to serve an abutting commercial establishment shall
. he submitted to the Zoning Board for a public hearing. The Zoning Board
- may impose such regulations or conditions upon approval as it may deem
appropriate for the protection of the residential property, or it may
deny the request. The applicant for a Building Permit which proposes to
use an area for off-street parking in order to meet the requirements of
this ordinance and in accordance with the provisions of this subsection,
shall submit evidence of a restrictive covenant running with the land to
be used for off-street parking purposes stating that such land shall not
° �. be encroached upon, used, sold, leased or conveyed for any purpose until such
time as the principal building ceases to be required to provide such off-
street parking facilities . •
32. 1.3 . Parking requirements for two (2) or more uses, of the
same or of different types, may be provided by the establishment of the
required number of spaces for each use in a common parking area, provided .
that all such uses being served by. a common parking area are under the
same ownership., Accessory uses shall not be required to have additional •
• parking space other than those required by the principal use.
•
•
32. 1.4 Off-street parking areas may be situated in any
District abutting any "BU" District or RLI-2, RU-3, RU-4, RU-5, RU-5P,- . .
RU-6 or RU-7 Districts to a depth not exceeding three hundred (300) feet
and provided that all off-street parking lot improvement's as provided in
Section 30.2 of this Section are complied with.
32.2 - Off-Street Parking Requirements . Any off-:street park-
.
inglot serving any use other than dwellings of four (4) units per build-
. ing or less shall meet the following off-street parking lot improvement
requirements .
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32. 2. 1 Screening Wall. The parking area wi,.l be provided with a
continuous screening wall six (6) feet in height where such off-street parking
lot abuts a property used for single family purposes in a single family
residential district. The Zoning Director may approve nladting evergreen
foliage in accordance with specifications approved and adopted by the Zoning
Board. Such planting shall be installed and evidence shown of maintenance
capability acceptable to the Zoning Director before a Certificate of Occu-
' pancy is issued for the applicable property.
32.2.2 Retail operations , wholesale operations , and industrial
• operations, with a gross floor area of less than twenty thousand (20,00D) •
square feet shall provide sufficient space for loading and unloading
operations in order that the free movement of vehicles and pedestrians
over a sidewalk, street or. alley shall not be impaired.
. 32.2. 3 Every off-street loading and unloading space shall have •
• a direct access to a public street or alley, and shall have the following
minimum dimensions :
Length: Thirty (30) feet; Width: Twelve (12) feet;
Height: Fourteen (14) feet.
Section 33. Overhangs and/or Protrusions
Eaves shall not extend more than thirty six (36) inches over any required
yard; open fire escapes, outside stairways , balconies , chimneys and flues, and
uncovered steps may not extend more than thirty six (36) inches into any
required yard.
• Section 34. Parking of Trucks , Trailers and Travel Trailers
Within any Residential District, no trucks , trailers or wagons of one (1)
ton or greater capacity or motor homes or motor coaches in excess of twenty
(20) feet in length shall be parked for storage purposes , including over-
night, on any public right-of-way or on private property except within a
comnletely enclosed garage. Trailers of less than one (1) ton capacity,
including pleasure boat trailers, collapsible camping trailers , and cargo
trailers may be parked on private property in any district provided that
such trailers are parked only within the areas in which the principal
building, accessory buildings , or the parking of vehicles is permitted.
Only one (1) travel trailer shall be nermittec.i on any one (1) residential •
or mobile home lot for storage purposes as provided in this Section. Trucks;
trailers, wagons, motor homes or motor coaches as referred to in this para-
graph may only be parked on the same lot with and after the principal
• structure is erected.
•
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1,1111.
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Section 35. Pavement Cuts and Restoration
Utility lines and other underground facilities proposed for new projects
or subdivision shall be installed prior to placing sub-base, base course and
surface course for any road, street, highway, parking lot, driveway or similar •
paved area. When circumstances require the cutting of any pavement, a permit
will be required. The permit shall be obtained from the Building and Zoning
Department after the applicant posts acash or surety bond valued at one •
hundred ten percent of the estimated cost of the pavement cutting, utility
installation and pavement restoration. Upon receipt of a permit, the pave-
ment may then but cut, the necessary underground installation made, and the
pavement restored to its approximate original condition in accordance with
the "Standard Specifications and Details" of Monroe County. Failure to re
store the pavement to a satisfactory condition shall result in forfeiture of
all or any part of the posted cash or surety bond.
•
. Section 36. Performance Standards
•
Performance standards for all uses other than residential shall he as
established in Chapter 403 of the Florida Statutes and all regulations
enacted pursuant thereto with respect to radio activity, smoke, dust, dirt, •
fumes , vapors, gases, noise, odor, lighting glare and sanitary sewage. •
i
Section 37. • Permits in Conflict With This Ordinance
Permits for either the construction of buildings or for the use of land
• or buildings which have been issued prior to the adoption of this ordinance
and which are in violation of this ordinance shall be declared null and void
unless evidence is shown to establish that substantial expenditures have been
•made either for the preparation of plans for construction or for preliminary
planning. Investment in real property shall not be construed as an expendi-
ture towards construction. Unless actual construction work, including
grading and excavation, is under way within sixty (60) days after the adop-
tion of this ordinance; such permit shall become void.
•
Section 38. Permitted Building 'Area .
The principal building on any lot or parcel. of land shall be_ erected •
within the area bounded by the building lines established by yard or setback
requirements . Accessory buildings may be erected within any building line ,
established for the principal building and in required rear yards as may
be otherwise provided in this ordinance. •
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Section 39 : Principal Building On a Lot •
Except as otherwise provided in this ordinance, only one (1) principal
building and its customary accessory buildings may hereafter be erected on
any lot of record. In any residential district, a dwelling shall be deemed
to be the principal building on the lot on which it is located.
Section 40. Property Frontage
No building or structure shall be erected on a parcel of land which
does not abut a public or private road having a minimum width of fifteen feet.
Section 41. Service Stations
Service stations, as defined in this ordinance shall comply with the
following provisions :
41. 1 Zones in Which Permitted. BU-1 and BU-2 Districts , and
as approved in accordance with a Planned Unit Development. •
41.2 Lot and Building Requirements . •
41.2.1 Minimum Lot Width
150 feet
41.2.2 Minimum Lot Depth ' 100 feet
41.2.3 Minimum Setback from Road Right-of-Way Lines :
41.2.3. 1 To curb around principal building 50 feet
41.2.3.2 To curb around pump island 25 feet for one
• (1) pump island
or 15 feet for
two (2) pump is-
lands , one in
front of the
other
41.2.3.3 To edge of canopy 15 feet
To underground storage tanks 15 feet
41 .2.4 Minimum setback of all buildings, structures and storage
tanks from all property lines not abutting a public road 20 feet
41 .3 Storage Tanks . All storage tanks shall he underground,
except that the Zoning Board may grant a special exception for tanks above •
• ground. •
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41.4 • Storage, Sale and Rental of Vehicles and Trailers . The
• storage of vehicles and trailers shall be permitted only.as incidental to
the customary servicing of vehicles and trailers, except that one (1)
vehicle •or trailer may be stored for each two hundred (200) square feet of
land over fifteen thousand (15,000) square feet of lot area. The sale of .
vehicles and trailers shall be prohibited. The rental of vehicles or
trailers shall be permitted provided that an additional two hundred (200)
square feet of land over fifteen thousand (15,000) square feet of lot area
is provided for each rental vehicle and/or trailer.
. 41.5 Pavement. • All lot surface area upon which vehicles will
move or. be stored shall be paved with asphalt or Portland cement concrete,
or an equivalent hard surface and dustless material.
41.6 Access . Curb openings or points of access to a public
street shall not exceed forty two (42) feet in width and not more than two
(2) openings shall be permitted on any one (1) public road. There shall be
a minimum distance of twenty (20) feet between any two (2) openings on the
same road. 'No point of access shall be within twenty five (25) feet of
the intersection of the right-of-way lines of any public road, and no closer
than five (5) feet to any other lot line.
41.7 Truck Stops . Truck stops , as defined _in this ordinance
shall be permitted in BU-1 and BU-2 Districts provided that the lot has a
• minimum frontage of at least three hundred (300) feet, a minimum depth' of
three hundred (300) feet, and a minimum. setback of all buildings and structures
including delivery pumps of fifty (50) feet from all perimeter property lines .
• Screening shall be provided as required in Section 32..2.1 of this Article.
All performance standards as required in Section 36 of this. Article shall
be complied with. •
Section 42. ' Shopping Centers .
42. 1 Zones In Which Permitted. Shopping Centers shall be
permitted in BU-1 and BU-2 Districts .
•
42.2 Uses Permitted. Any use permitted in •the district in
which the shopping center is located. Service stations and automobile ser •
-
• vice facilities , excluding major repairs and paint-and-body works , shall be'
permitted.in shopping centers in BU-2 Districts as approved by the Zoning .
.Board.
•
42. 3 Requirements . •
42.3. 1 A minimum area of five (5) acres and a minimum depth of
• three hundred (300) feet. •
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• II,11111 2111111 '
42.3.2 • There shall be provided 5 .5 parking spaces per one •
thousand (1,000) square feet of gross floor area. •
42.3.3 No building or structure shall be closer than twenty
five (25) feet to any perimeter boundary line.
•
42. 3.4 All points of access shall be to a public street. No .
public streets or alleys shall be located within the shopping center.
Section 43. 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 flashpoint of sixty (60)
degrees Farenheit' or less where any of the boundaries of the lot upon which
• such gasoline or other liquid 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', auditorium, or theater, except open air theaters . •
This provision shall not prevent the use of liquified gases for, domestic
heating purposes . Any storage of flammable liquids shall be subject to the
requirements of the National Board of Fire Underwriters . •
•
Section 44. Structures, Dilapidated, Removal of
•
• Any structure or building in a dilapidated condition deemed to be a •
safety or health hazard by the Unsafe Structures and Housing Appeals Board
of Monroe County shall be removed by the owner of such building or structure -
within sixty (60) days after official notice.
Section 45. Subdivision of 'Land
• After the effective date of this ordinance no land shall be subdivided,
platted or recorded, nor lots or parcels created for sale by metes and
: bounds description, which would result in the creation of a lot or parcel of
• land of less than the minimum area, width, and depth as required in this.
' ordinance for the District in which it is located. Any existing beachftont.
•
or waterfron lot of record of not less than fifty (50) feet in width and
•
not less than fifteen thousand (15,000) square feet in area in any district
permitting multiple family, duplexes , or single family residential uses , may •
be subdivided into two (2) or more lots of not less than the minimum lot
area required for the district in which the lot is located. There shall be
permitted one (1) driveway easement connecting to a public road, of not
less than ten (10) feet in width along either side lot line of the total
.parcel , providing access to each lot. Side setback of not less than five (S).. '
•
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• •
. feet from the driveway easement shall be required for all buildings . Rear
• yards and front yards may be perpendicular to the driveway easement. A side • •
yard shall be required along the opposite property line, parallel to the
driveway easement as required for the district in which the property is
located. This provision shall also apply to any such parcel not subdivided
into lots, but on which more than one dwelling is constructed. .
Section 46. Substandard Lots
•
46.1 , Lots of Record. Lots or parcels of land legally recorded
prior to the effective date of this ordinance which do not contain the required
area, width or depth for the district in which they are located, may be used
• for any purpose permitted in and meeting the other lot and building require,
ments for the district in which they are located, subject to other limita-
tions as set forth in this Section. •
46.2 Dwellings on Non-Conforming Lots of Record. A building
permit may be issued for a single or multiple family dwelling on a non-con •
-
forming lot only a provided in Section 46.1 above, but excluding substandard
• lots as defined in this ordinance. • •
•
46.3 Dwellings on Substandard Lots of Record. Applications '
�� for a building permit for single or multiple family dwelling on a substandard
lot, as defined in this ordinance shall he approved by the Zoning Board which
may also grant .such variances on lots and building requirements in cases of •
• hardship as may be found justified. •
•
Section 47. Swimming Pools •
•
47. 1 Swimming pools shall he located only in areas permitting
the principal building and accessory buildings and shall meet the yard and •
setback requirements of the principal building if built in permitted building
area, andshall meet the yard and setback requirements for the accessory
building if constructed in the rear yard. All swimming pools shall comply
with applicable State and County Division of Health regulations.
• 47.2 Fencing. All swimming pools for single family dwellings, •
duplexes and mobile homes shall be completely enclosed by a fence or wall
. • not less than four (4) feet high. Screened enclosures shall be considered to '
satisfy this fencing requirement.
47. 3 • Screened Enclosures . Screened enclosures over and around
swimming pools shall be erected so as to comply with the yard and setback
requirements as described in Section 47.1 of this Article. Screened enclo-
sures may be attached to the principal building. However, such enclosures , -
if attached to the principal building, shall not be considered as part of '
the principal building. Flood lights shall be located- or shielded so as
not to be visible from adjoining properties .
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Section 48. 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 ordinance is prohibited.
'Section 49. Watercraft Anchoring
Boats or other floating structures being used as dwelling units or •
• commercial establishments may not anchor, tie up or anchor off-shore in- public
or private canals or water ways in any residential district. However, nothing
herein contained shall prevent boats or other floating structures not being
used as dwelling units or commercial establishments from anchoring., being tied
up or anchoring off-shore in residential districts, provided such anchoring
or tying up is not prohibited by deed restrictions or other legal regulations. .
Section 50. Waterfront Property •
On any lot having water frontage, as defined in this ordinance, no •
principal building shall be located closer to any seawall, bulkhead or
bulkhead line than the respective minimum setback from any waterway stated
• for the zoning classification of the principal building except that marine
f businesses and other permitted waterfront businesses may build up to the
seawall, bulkhead or bulkhead line provided the minimum floor elevation is
established as required by the Monroe County Plat Filing Regulations . Water.
• area is not to be considered in calculating lot or tract area or in deter-
mining setbacks even though title to the submerged bottom land may rest in
the upland property owner. •
Section 51. Yards and Open Spaces • . •
The minimum yards and open spaces , as required in this ordinance, •
existing at the time of the adoption of this ordinance or for any buildings
hereafter erected or altered, shall not be encroached upon or considered
as yard or open space or use requirements for any other building.
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ARTICLE VIII .
ZONING DISTRICTS •
•
Section 1. Establishment of Districts
For the purpose of the administration and enforcement of this
Comprehensive Zoning Ordinance, and in accordance with the provisions of
Article I of this ordinance, the unincorporated areas of Monroe. County,
Florida, are classified into Zoning Districts as follows :
1. 1 - General •
GU - General Use District
GR - General Recreation District
GA - General Airport District
1.2 • Residential .
RU - 1
RU - 1M
' RU - 2
RU - 3
RU - 4
RU - 5 •
RU - 5P
RU - 6
RU - 7 •
1.3 Business
BU - 1 Light Business District
BU - 2 Medium Business District
BU - 2A Alcoholic Beverage Business District
BU - 3 Heavy Business District
1.4 Planned Unit Development District
•
Section 2. District Boundaries •
•
2. 1 Zoning Districts are hereby established and declared
to be in effect upon all land and water areas included within the boundaries
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of each district as shown on the Comprehensive Zoning Maps of Monroe County,
Florida.
2.2 Unless otherwise indicated on the Comprehensive .Zoning
Maps of Monroe County, Florida, the boundaries of the districts are lot. •
or property lines , the centerline of streets, street rights-of-way,
alleys , railroad rights-of-way, the corporate limits of municipalities
as they exist at the time of the enactment of this ordinance, section •
lines, land grant lines, or such other geographical or topographical
features as may be indicated including watercourses , shorelines or
channels.
2.3 In any unsubdivided. property where a zoning district
boundary line is shown and where no other feature exists which would •
. indicate the exact location of the Zoning District boundary line, the •
location of such boundary, unless indicated by dimension, shall be •
determined by the.use of the scale appearing on the Zoning Map.
Section 3. Zoning Maps
3.1 . . The Official Zoning Maps shall consist of uncontrolled
•aerial photographs at a scale of 1"=200 ' marked to show the boundaries of
(-"" the zoning districts . The signature of the Mayor of Monroe County, Florida,
attested by the Clerk, shall be on the cover page of each of the Zoning
• • Map Books . .
• • 3.2 The territory covered by each of the Zoning Map
Books shall be indicated on an index map for each book which may
also comprise the cover page of each said Zoning Map Book. The index map
shall show in- sufficient clarity the location, area covered, and section • •
• , identification of each half-section or other map contained in the book to •
which the index map applies .
3. 3 The' Official Zoning Maps, as described in this Section,
together with all explanatory matter thereon, are hereby adopted by
reference and declared to be a part of this ordinance, to the same extent
as if herein reproduced in full.
•
3.4 The original Official Zoning Maps, properly signed •
by the Mayor and attested by the Clerk shall he located in the County
• Courthouse and maintained under the supervision of the Building and
honing Department, and shall be the final authority as to the current
zoning status of all land and water areas, buildings , and other structures
within the unincorporated areas of Monroe County. No changes of any kind
. shall be made on the Official Zoning Maps except as provided for in Article .
. . V of this ordinance: •
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5. 1. 10 Person means an individual,' firm, co-partnership, cor- .
poration, company, association, joint stock association or body politic,
• . and includes any trustee, receiver, assignee, administrator, executor, •
guardian or other, similar representative thereof.
5. 1. 11 . Runway means the paved surface of an airport landing
strip. .
•
5. 1. 12 Structure means 'an object constructed or installed by man,
' including, but without being limited to, buildings, derricks, draglines,
cranes' and other boom-equipped machinery, towers , signs, smokestacks, utility
poles, or overhead transmission lines . •
• 5. 1.13 Tree means any object of natural grorath. •
5.2 Districts within airport zones. •
5.2. 1 L or Landing Districts. A "landing district" is
established for each instrument runway for instrument landings and take-
offs and for each non-instrument runway for non-instrument landings and .
• take-offs. The landing districts shall have lengths and widths complying
with Federal Aviation Agency (FAA) . requirements.
5 .2.2 IA or Instrument Approach Districts . An "instrumen •
t
! approach district" is established for each end of each instrument runway .
for instrument landings and take-offs and it is further established that
each instrument approach district shall embrace. and include all of the
. land and water area lying vertically beneath and imaginary inclined
surface which shall hereafter, for the purposes of this article, be
referred to and described as the instrument approach surface. 'The
instrument approach surface shall comply with 'all FAA requirements .
5.2.3 NA or Non-Instrument Approach Districts: A "non- .
instrument approach district" is established for each end of each •
non-instrument runway for non-instrument landings and take-offs and
it is further established that each such non-instrument approach district
shall embrace and include all of the land and water area lying
vertically beneath an imaginary inclined surface which shall hereafter,
for the purposes of this article be referred to and described as the
non-instrument approach surface. The non'instrument approach surface shall •
comply with all FAA requirements . •
5.2.4 TR or Transition Districts . "Transition districts"
are hereby established adjacent to each landing, instrument approach •
and non-instrument approach district .. Transition districts adjacent to
runways embrace and. .include all of the land and water area lying vertically
beneath an imaginary inclined surface symmetrically located on each side ' •
-of each runway in accordance with FAA requirements . Transition districts
adjacent to approach districts embrace and include all of the land and
water area lying vertically beneath im'agi.nary inclined surfaces which
extend outward and upward from the long sides of the approach surfaces
• in accordance with FAA requirements .
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5.2.5 T or Horizontal Districts . A "horizontal district"
• . is established as the area within a circle having its center at the
airport reference point and 13,000 feet as its radius . The" horizontal
• district does not include the landing, instrument approach, non-
instrument approach and transition districts.
•
5.2 .6 TI or Conical District. A "conical district" is .
established commencing at the periphery of the horizontal district and
extending to a periphery 20,000 feet from the airport reference point.
The conical district does not include the instrument approach, non- •
• instrument approach and transition districts .
•
5.2. 7 NZ or Non-Zoned Districts . Those portions of the airport
zoning area not embraced andincluded in landing, instrument approach, non-
instrument approach, transition, horizontal and conical districts, as the
same are established and described elsewhere herein, are hereby designated .
as non-zoned districts .
5.3 Establishment of height limitations for zone
classification districts in the airport zoning area. Except as otherwise .
provided elsewhere in this article; no structure shall be erected or
altered and no tree shall be allowed to grow or be maintained in any .
district created and established by this article to a height in excess '
of the height limits herein established for such district.' Such height
limitations will, in applying the provisions of this article, be cor-
rected to elevations referred to the heretofore established mean sea
level datum plane, by adding such height limitations to .the mean sea
level elevation of the point, line or plane to which such height limitation •
is referenced, or to the airport elevation, as the context of this
article requires. Such limitations shall be established for all
districts by applicable FAA regulations. .
•
5.4 Use restrictions . Except as otherwise provided in this
. article, it shall be unlawful to put any land or water located within L,T,
and NA Districts and within' TR Districts adjoining L and NA Districts
and within the inner 10,000 feet of IA Districts and the adjoining
portions of TR Districts to any of the following prohibited uses: •
•
• 5 .4. 1 Prohibited uses .
•
•
5.4. 1. 1 Establishments or uses that emit smoke, gases, or
dust - in quantities or densities sufficient to jeopardize the safe use
of the airport.
5.4. 1.2 Notwithstanding any other provisions of this article,
no use may be made of land or water within the airport zoning area in • •
such a manner as to create electrical interference with radio communi •
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cations between the airport and aircraft; make it difficult for aircraft
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pilots and tower control operators to distinguish between airport lights,
aircraft and others ; result in glare in the eyes of aircraft pilots using
the airport, or tower control operators ; impair visibility in the vicinity
of the airport; or otherwise endanger the landing, taking off or
maneuvering of aircraft. •
•
5.5 Nonconforming uses, regulations not retroactive. The
. regulations prescribed by this article or any amendment thereto shall not.
be construed to require the removal, lowering, of other change or alteration •
of any structure or tree or use lawfully in existence not conforming to the •
regulations as of the effective date hereof, or otherwise interfere with the
continuance of any nonconforming use. After effective date hereof, property
owners shall not be permitted to grow or maintain trees to heights in excess
of those provided herein. Nothing herein contained shall require any •
• change in the construction, alteration, or intended use of any structure;
the construction or alteration of which was lawfully begun prior to •
establishment of .a GA-General Aviation District and is diligently prosecuted
and completed within the time limit as prescribed by the South Florida •
• Building Code. .Notwithstanding the preceding provisions of this article,
the owner of any such nonconforming structure or tree is hereby required
to permit the installation, operation and maintenance thereon of such marking,
or marking and lighting, to indicate to the operators of aircraft in the
vicinity-Of the airport the presence of such airport hazard. Such marking,
or marking and lighting, and the installation, operation and maintenance
{ • thereof, or such disposition of the hazard as may be agreed upon by and between
the owner and' the County.
5.6 • Administration and enforcement. It shall be the duty
•
of the Director of the Building and Zoning Department to administer and
enforce the regulations prescribed herein. In the event'of any violation
• of the regulations contained herein, the person responsible for such
violation shall be given notice in writing by the Director. Such notice
shall indicate the nature of the violation and the necessary action to •
correct or abate the violation. A copy of said notice shall be sent to
the Monroe County Commission. An administrative official shall order
discontinuance of use of land or building; removal of trees to conform
with height limitations set forth herein; removal of buildings , additions,
• alterations , or structures.; discontinuance of any work being done; or
shall take any or all other action necessary to correct violations and
obtain compliance with all the provisions of this article..
5. 7 Penalties and enforcement.. Each violation -of this
article or of any regulation, order, or ruling promulgated hereunder
shall be punishable as .provided by Section 3, Article VI
of this ordinance. '
5.8 Conflicting regulations . Where this article imposes
lower height limitations or more stringent restrictions upon the use of
land or water than are imposed or required by any other ordinance or resolu-
• tion, the provisions of this article shall govern. Nothing contained in this
t article shall, however be interpreted to conflict with or supersede any . •
Federal regulations pertaining to the control of airport hazards.
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ARTICLE X
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RESIDENTIAL DISTRICTS
Section 1. Purpose •
Residential districts are intended to provide protected homesites ; to
preserve and provide amenities conducive to a living environment; and to •
prevent the use of land and buildings which would tend to adversely affect .
these conditions .
Section 2. • Applicability
Within the RU-Districts the following regulations shall apply:
Section 3. RU-1. Single Family Residential District
This district is intended to provide residential areas consisting of •
lots having an area of at least 6,000 square feet .
• 3. 1 Principal Uses Permitted.
• -3. 1. 1 Permanent conventional single family dwellings .
3. 1 .2 Non-profit parks and playgrounds .
3.2 Accessory Uses Permitted.
•
3. 2. 1 Private garage, storeroom.
3.2.2 Greenhouses and growing of plants and horticultural .
specialties ; provided no retail sales are made on the premises .
3.2. 3 Swimming pools, as provided in Section 47, Article VII ,
of this ordinance.
3.2.4 Boat docks , as provided in Section 9, Article VII of this
ordinance.
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3.3 Uses Permitted Upon Special Approval .
3. 3.1 Home occupations as provided in Section 15 of Article VII.
3,3.2 Churches providing a minimum of three (3) acres in building site, •
3. 3.3 Bona fide servants ' quarters .
•
3.3.4 Public and private utility installations and buildings .
3.3.5 Non-profit educational, recreational and social centers . •
3.3.6 Modular Single Family Residential Units .
3.4 Uses Prohibited.
3.4. 1 Any commercial or recreational use other than parks or
•
playgrounds .
3.4.2 Mobile homes .
3.4. 3 All other uses .
3.5 Lot and Building Requirements .
•
3.5 .1 Minimum Living Area 750 sq. ft.
3.5 .2 Minimum Lot Area 6,000 sq. ft.. •
3.5.3 Minimum Lot Depth 100 feet
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• 3.5 .4 Minimum Lot Width 60 feet
3.5,5 Minimum Front Yard 20 feet
3.5.6 Minimum Rear Yard 20 feet
3.5. 7 Minimum Side Yard:
3.5.7. 1 . Inter.ior 1 story 7 feet
3.5.7. 2 Interior 2 story 12 feet •
3.5 .7. 3 Abutting a road • 15 feet
3.5 .8 Accessory Buildings , from 10 feet
• any property line
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3.5.9 Maximum Building Height Two (2) stories
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or 35 feet
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3.5.10 Maximum Percent of Lot Coverage 30%
3.5.11 Minimum setback from any waterway -20 feet
3.6 Front Yard Exceptions . When lots comprising forty (40).
• percent or more of the frontage on one side of a street`between intersecting
• streets are developed with the. principal buildings having an average front
yard with a variance of not more than six (6) feet from. the required front .
yard, the Zoning Director.may issue a Building Permit to provide for a•front
yard of no less than the average line established. This provision shall
apply to all Residential Districts .
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3. 7 Side Yard Exceptions . In any RU-1 District, any exist- '
ing lot, platted and recorded prior to having an average
width of less than sixty (60) feet, and if it has been determined by the
Zoning Director that the remedies provided in Section 46, Article VII, can-
not be complied with, it shall be permitted to have a side yard of not
less than ten (10) percent of the average lot width; but. not less than •
five (5) feet for an interior side yard, and not less than ten (10) feet
• for a side yard abutting a road. Any corner lot, abutting to the rear any
portion of the front yard of a lot facing the intersecting road, shall be
( ) required to set back all buildings from the intersecting road, a distance
of not less than the 'required front yard applicable to the abutting lot •
facing the intersection road.
•
3.8 Signs Permitted. Only those signs listed as "exempt"
signs as provided in Article XIII of this ordinance.
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J.9 Parking Requirements . Offstreet parking shall be pro-
vided as required in Section 32, Article VII of this ordinance. •
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Section 4. RU-1M, Single Family Residential District (Masonry
Construction) .
This District is intended to provide residential areas consisting of
lots having an area of at least 6,000 square feet and single family residences
constructed pf concrete masonry only.
•
4. 1 Principal Uses Permitted. Same as RU-1 Districts.
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4.2 Accessory Uses Permitted. Same as RU-1 Districts. -
4. 3 Uses Permitted Upon Special Approval. Same as RU-1 Districts.
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4.4 Uses Prohibited. Same as RU-1 Districts.
4.5 Lot and Building Requirements. Same as RU-1 Districts .
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4.6 Front Yard Exceptions. Same as RU-1 Districts.
4. 7 Side Yard Exceptions. Same as RU-1 Districts.
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4. 8 Signs Permitted. Same as RU,-1 Districts.
4.9 Parking Requirements . Same as RU-1 Districts.
•
Section 5. RU-2, Two Family Residential District •
This District is intended to provide residential areas in which duplexes
may be constructed and occupied.
5. 1 Uses Permitted.
5. 1.1 Any use permitted in RU-1 Districts .
5.1 .2 Permanent two family dwellings or duplexes .
5.2 Accessory Uses Permitted. Same as RU-1 Districts .
5.3 Uses Permitted Upon Special Approval. Same as RU-1 Districts . .
•
5.4 Uses Prohibited. Same as RU-1 Districts .
5.5 Lot and Building Requirements .
•
Two Family
5.5.1 Minimum Living Area 500 sq. ft. per unit
5.5.2 M ri mum.Lot Area 8,000 sq. ft.
5.5.3 Minimum Lot Width ' 80 ft.
5.5.4 Minimum Lot Depth 100 ft.
5.5.5 Minimum Rear Yard:
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5.5:5. 1 Abutting Another Lot 20 ft .
5.5.5 .2 Abutting a Road 25 ft. •
5.5 .6 Minimum Front Yard 20 ft.
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. 5.5 .7 Minimum Side Yard: •
5.5 .7. 1 Interior, 1 story 7-1/2 ft. "
5.5.7.2 Interior, 2 story 12 ft.
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5.5. 7. 3 Abutting a Road 15 ft.
5.5.8 Accessory Buildings :
•
5.5 .8. 1 From Interior Property Line 7-1/2 ft.
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5.5 ,8.2 Abutting A Road Same as the Principal .Bldg. •
5.5.9 Maximum Building Height Two (2) stories or thirty
five (35) feet.
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5.5 .10 Maximum Percent of Lot Coverage 30 v
5.5 .11 Maximum Density, Units Per Acre 8
5.5.12 Minimum setback from any waterway 20 ft .
5.6 Front Yard Exceptions . Same as RU-1 .
5. 7 Side Yard Exceptions . Same as RU-1.
5. 8 Signs Permitted. Same as .RU-1 Districts . •
•
5.9 Parking Requirements . Offstreet parking shall be pro--
vided as required in Section 32, Article VII of this ordinance.
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Section 6. RU-3, Multiple Family Residential District
This District is intended to provide residential areas in which multi-
ple family dwellings or apartments may be constructed and occupied with the
amenities of a protected living environment.
6. 1 Principal Uses Permitted.
6. 1 . 1 All principal uses permitted in the RU-2 District . •
6. 1.2 Multiple family dwelling apartments . •
• 6: 1 . 3 Rooming houses, boarding houses , guest homes .
6.2 Accessory Uses Permitted.
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6.2. 1 Same as RU-2 District.
6.2.2 Apartment buildings of one hundred (100) or more units ;.
sale of goods and services intended only from within the principal building.
6.3 Uses Permitted Upon Special Approval. Same as RU-1
District.
6.4 Uses Prohibited. Same as ItU-1 District .
6:5 Lots and Building Requirements .
6.5.1 Minimum Living Area: •
6.5 .1.1 Single Family Unit 750 sq. ft.
6.5.1 .2 Duplex Units 500 sq . ft.
6.5.1 .3 Multiple Family Units 400 sq.. ft. ,
6.5. 1.4 Efficiency Units 300 sq. ft.
6.5 .2 Minimum Lot Area: .
6.5.2.1 One and Two Family Units 7,500 sq. ft.
6.5.2.2 Additional Lot Area Per Additional Unit 2,500 sq. ft.
6.5.3 Minimum Lot Width:
6.5.3.1 1 Unit 60 ft.
6.5.3.2 2 through 4 Units 70 ft,
6.5.3. 3 5 through 9 Units 80 ft,
6.5.3.4 10 Units and Over 100 ft'.
6.5.4 Minimum Lot Depth ' 100 ft.
6.5.5 Minimum Front Yard: 20 ft .
6.5.5 .1 Abutting a State Road or Highway 35 ft .
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6.5.6 Minimum Rear Yard:
6.5.6. 1 Abutting Another Lot 20 ft.
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6.5 .6.2 Abutting a Road .25 ft. plus six (6)
inches for each foot
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of bldg. height over
thirty five (35) ft .
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6.5.7 Minimum Side yard: •
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6.5 .7. 1 Interior, 1 story 7 ft.
6.5.7.2 Interior, 2 story 12 ft.
6.5.7. 3 Interior, 3 story and over 12 ft. plus six (6)
inches for each foot
• of bldg. height over
thirty five (35) ft.
6.5 .7.4 Abutting a Road: •
6.5.7.4.1. 1 and 2 stories 15 ft.
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6.5.7.4.2 3 story and over 2g ft. plus six (6)
inches for each foot
of bldg. height 'over
thirty five (35) ft .
6.5 .8 Maximum Building Height Six floors or 75 ft.
.
Maximum Percentage of Lot Coverage
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6.5.9.1 Building 25 ' high or less 3'5 %
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6.5.9.2 Building over 25 ' high but less than 55' 33 %
6.5.9.3 Building over 5S' high but less than 65 '• 31 %
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6.5.9.4 Building height greater than 65' 29 %
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6.5 .10 Maximum Density, Units Per Acre
• 6.5. 10. 1 Up to three story structures 16
6.5. 10.2 Four and five story structures 25
6.5. 10.3 Over five stories 40
6.5.11 Accessory Buildings from Any Property Line 7- ft .
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6.5,.12 Minimum Distance Between Buildings 15 ft.
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6.5. 13 Minimum Setback from any .waterway 20 ft .
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• 6.6 • Apartment Project Requirements . This subsection sets .
• forth the requirements for apartment projects and supplements the preceding
portions of this section and Section 6 of this Article relating to apart- •
ment projects in RU-4_Dis tricts .
6.6.1 . . Definition. Apartment projects are hereby defined for
• the purpose of the administration enforcement of this ordinance as two (2)
or more multiple family buildings constructed on. a parcel of land under
single ownership, not subdivided into customary streets and lots, and which
shall not be so subdivided; including rental, cooperative, or condominium
types , or any combination thereof.
6.6.2 Zones In Which Permitted. Apartment projects shall be
permitted in any RU-3 or RU-4 District, provided that the requirements for
the district in which they. are located are met in addition to complying with •
the requirements of this Section.
6.6.3 Uses Permitted: Multiple family buildings and customary
• accessory buildings, including laundry and storage of maintenance equipment and
supplies , recreational buildings and facilities .
6.6.4 Off-Street Parking. Off-street parking shall be required
on the basis of one and one half (1-1/2) parking spaces per living unit.
Such spaces shall be located convenient to the. living units which. they are'
intended to serve, and in no instance shall be further removed than two hun-
dred (200) feet. Off-street parking .areas shall comply with the provisions
of Section 32, Article VII General Provisions , 'of this ordinance. , •
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6.6.5 Minimum Setback of Building from Single Family
• Residential Districts . No principal building or accessory .
building shall he constructed within thirty five (35) feet of an RU-1
single family residential district.
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6.6.6 Screening. Any land of an apartment project site which
has a comnion boundary with any other land in a single family residential
zoning classification shall be provided a landscaped buffer area not less
than five (5) feet in width, measured at right angles to the property lines
for screening purposes along the entire length and contigupus to the pro,
perty line. Such areas shall be so designed and planted with dense ever-
green foliage so as to be not less than ten percent (10%) opaque when viewed
horizontally between two (2) feet above average ground level and six (6)
feet above average ground level . No portion of this landscaped buffer area
may be used for off-street parking.purposes .
6.6. 7 Sanitary Sewer System. A central sanitary sewage collec-
tion, treatment, and disposal system for all multiple family apartment pro •
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jects (RU-3 and RU-4) shall be provided and shall meet the requirements of .
the State Division of Health
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. 6. 7 Signs Permitted. One secondary class "A" sign for each
street frontage for apartment buildings or other permitted uses .
Section 7. RU-4, Townhouse Residential District
7. 1 Purpose. It is the purpose of this Section to provide
a zoning district in which apartments, townhouses, cluster houses , garden,
court, and patio houses may be constructed in groups making efficient,
• economical, confortable, and convenient use of land and open space and
further serve the public purposes of zoning by means other than conventional
arrangements of yards, open spaces , and building areas .
7.2 Principal Uses Permitted.
• • 7. 2. 1 Any use permitted in the RU-3 District.
7.2.2 Apartments .
7.2.3 Townhouses , cluster houses, . attached and detached;
• garden, court, and patio houses .
7.3 Accessory Uses Permitted.
7. 3. 1 Private garages or vehicle shelters .
•
• 7.3.2 Swimming pools .
7. 3.3 Parks , recreational areas and buildings .
7.3.4 Storage and service buildings .
7. 3.5 Offices of manager or superintendent.
7.4 Uses Permitted Upon Special Approval.
7.4. 1 Churches and church schools .
7.4.2 Kindergartens and child care centers . •
•
7.4.3 • Public and private utility installations and buildings .
7.4.4 Non-profit, educational, recreational and social centers .
7.5 • Uses Prohibited.
•
7.5. 1 Any commercial use.
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7.5.2 • Mobile homes . •
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7.5.3 All other uses .
7.6 Signs Permitted. Only those signs listed as "exempt"
signs as provided in Article XIII of this ordinance.
7.7 • Minimum Project Area: 2 acres .
7.8 Maximum Density. Density shall not exceed sixteen (16)
units per net acre (excluding streets and public areas) nor twelve (12) units
per gross acre (including streets and public areas) .
7.9 Off-Street Parking. Off-street parking facilities shall be
• provided in the ratio of one and one half (1- ):'off-street parking spaces for
each living unit. Such off-street parking spaces may he either adjacent to the
'living unit which it serves , or may be provided in parking bays, either adjacent
to streets or in the interior of blocks, and shall be no more than one hundred
(100) feet by the most direct pedestrian route from the door of the living
unit which it is intended to serve.
7. 10 • Land or Lot Coverage. Land or lot coverage shall not
exceed -thirty (30) percent of gross area or forty (40) percent of net area.
7. 11 Accessory Structures . Shall be located no closer than
ten (10) feet to the rear line or twenty (20) •feet from the mean high water line.
7. 12 Maximum Building Height. Shall not exceed two (2) stories
or thirty five (35) feet.
7. 13 Park and Recreation Area. Any project comprising five
(5) acres or more shall be required to provide no less than ten (10) per-
cent of the total land area devoted to park and recreational uses for the •
occupants of the project. Such park and recreational land shall be common
property if a condominium under the management of the condominium director,
or a homes association if properties are individually sold, or shall be
Maintained by the owner if the project is rental or leased units ,
7. 14 Maintenance. In order to insure the general maintenance
and appearance of the total project, the applicant shall also submit a pro-
posed restrictive covenant setting forth the manner or method by which such
properties shall be maintained after purchase.
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7. 15 Subdivision Plat. Any application for a permit for, a
project permitted under this Section shall include a subdivision plat if
any parcels of land are to be sold and/or streets or other land areas dedi-
cated to the public, in accordance with the procedures and requirements of
the Monroe County Plat Filing Ordinance; or a Site Plan if no land is to be •
divided or separate parcels sold and no public streets or lands are to be - •
' dedicated to the public. Such subdivision plat or site plan shall be drawn
to a scale of not less than 1"=50 ' and shall show all property lines and •
dimensions, lot, parcel, and block numbers or appropriate identification,
street and easement lines and dimensions, offstreet parking spaces , the •
location and dimension of 'all buildings, structures, yards and spaces.;
• and the identification of uses of all buildings and lands .
• Each subdivision plat or site plan shall be submitted
to the Board for its review and approval. No Building Permit shall be •
• issued for less than twelve (12). units and no Certificate of Occupancy •
shall be issued until t least twelve (12) units are completed.
•
7. 16 Compliance With Condominium Act . Condominiums shall
also meet the requirements of Chapter 711, Condominium Act, Laws of Florida.
7. 17 Lot and Building Requirements .
•, 7. 17. 1 Single family dwellings and duplexes . Same as RU-2 pis. •
trict lot and building requirements .
7. 17.2 Apartments . Same as RU-3, except that additional lot
area per additional unit shall be 3,600 square feet and maximum density shall .
not exceed twelve (12) units per gross acre.
7. 17.3 Townhouses .
7. 17.3.1 Not more than six (6) contiguous townhouses shall be •
built in a row with the same front line, and not .more than twelve (12) '
townhouses shall be contiguous in any one (1) group or block. •
7. 17.3.2 The minimum width of a lot on which a townhouse is tot!e
constructed shall be twenty (20) feet.
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7. 17. 3.3 Minimum lot area shall be three thousand (3,000) sgpar
feet for each Townhouse.
7. 17.3.4 Separation. No part of a Townhouse or accessory structure
• in or related to .one (1) group to contiguous Townhouses shall be closer than
twenty (20) feet to any portion of a Townhouse or accessory structure related
to :another group, or to any building outside the Townhouse area.
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7. 17.3:5 Yards . No side yard for an individual unit is required in
connection with .any Townhouses . However, each Townhouse shall have on its
own lot one (1) or more yards, courts or patios, totalling not less than
fifteen hundred (1,500) square feet, at least one of which shall be reasonably
secluded from view. from streets or neighboring property. Such yards shall .
• not he used for off-street parking or for any accessory building.
. 7. 17.3.6 Setbacks . (Individual units) .
7.17.3.6.1 Front:
1 story • 20 feet •
2 stories • 20 feet .
7. 17.3.6.2 Rear:
1 and 2 stories 20 feet
7. 17.3.6.3 . Minimum setback from any waterway '20 Teet•
7.17.4 Cluster Houses, attached and detached.
7. 17.4.1 • Not- more than six (6) attached cluster houses shall be - -
built in a row with the same front building line, and no more than twelve
(12) attached cluster houses shall comprise any one (1) cluster. . . .
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7. 17.4.2 The minimum width of a lot on which an attached cluster '
. house may be built shall be twenty four (24) feet, and for detached cluster
houses shall be forty (40) feet.
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7. 17.4.3 Minimum lot area shall be three thousand (3,000) square
feet' for each cluster house. '
7.17.4.4 Separation. No portion of an attached or detached clus-
ter house shall be closer than twenty (20) feet to any structure.of an ad-
joining attached or detached cluster.
7. 17.4.5 Yards . At least two (2) yards shall be provided for •
each attached cluster house, with both totalling not less than two thousand
(2,000) square feet; and. four (4) yards shall be required for each detached
•
cluster house with side yards of not less than ten (10) 'feet between detached
units in a single cluster, and with not less than two thousand (2,000) square
feet total of front and rear yards .. •
• . 7.17.4.6 Minimum setback from any waterway: 20 ft.
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7. 17.5 Garden, Court and Patio Houses .
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7.17.5.1 The minimum width of a lot on which a garden, court. or
patio house may be built shall be twenty four (24) feet. •
7.17.5.2 Not more than six (6)garden, court or patio houses
• shall be built in a row with the same front building line', and not more
than twelve (12) garden, court or patio houses shall comprise any one group.'
7. 17.5.3 Minimum lot area shall be three thousand (3,000) square
feet for each living unit.
7:17.5.4 Separation. No portion of any living unit shall be
closer than twenty (20) feet to any structure of an adjoining or detached
living unit.
• 7. 17.5.5 • Yards.- At least two (2) yards shall he provided for each
attached living unit, with both yards totalling not less than two thousand
• (2,000) square feet; and four (4) yards shall be required for each detached '
living unit with side yards of not less than ten (10) feet between detached
living units in a single group, and with not less than two thousand (2,000)
square feet. total of front and rear yards .
• 7.17.5.6 Minimum setback from any waterway shall be 20 feet.
Section 8. RU-5, Mobile Home Residential District. ' •
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This district is intended to permit mobile homes and prefabricated
modular units on. individually owned lots within a minimum zoned area of
twenty (20) acres . .
•
8. 1 Principal Uses Permitted.
• •
8.1.1 . Mobile homes on permanent foundations with wheels, tongues
and electrical running gear removed.
8.1.2 Prefabricated modular units .
8.1.3 • • . Single Family conventional dwelling.
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8.1.4 Non-profit parks, playgrounds, and recreational facili-
ties , including private club operation. .
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8.2 Accessory Uses Permitted. .
8.2.-1 Private garage, store room. .
8.2.2 . Greenhouse or orchid house not for commercial use. - •
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8.2.3 Swimming pools, as provided in Section 47, Article VII
of this ordinance.
8.2.4 Boat docks , as provided in Section 9, Article VII of
this ordinance.
8.3 Uses Permitted Upon Special Approval.
8. 3.1 Churches and church schools , providing a minimum of
three (3) acres in building site.
8.3.2 Bona fide servants quarters .
8. 3.3 Public and private utility installations and buildings .
8. 3.4 Home occupations as provided in Section 15, Article VII?
of this ordinance.
8. 3.5 Travel trailer and camper storage areas and provisions
for fencing or screening of same.
8.4 Uses Prohibited.
• 8.4. 1 Any commercial or industrial use.
8.4.2 All other uses .
8.5 Lot and Building Requirements .
8.5.1 —Minimum Living Area: •
Mobile Homes • 400 sq. ft.
Other. Dwellings 750 sq. ft .
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8.5.2 Minimum Lot Area 6,000 sq. ft.
8.5.3 Minimum Lot Width 60 ft.
8.5.4 Minimum Lot Depth 100 ft.
8.5.5 Minimum Front Yard 20 ft.
8.5.6 Minimum Rear Yard:
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8.5.6.1 Abutting Another Lot 20 ft.
8.5.6.2 Abutting a Road 25 ft.
8.5 .7. . Minimum Side Yard: •
8.5.7. 1 Interior, 1 story 7_1/2 ft.
. 8.5.7.2 Interior, 2 stories 12 ft.
8.5 .7.3 Abutting a Road 15 .ft.
8.5.8 Accessory Buildings :
8.5.8. 1 From any Interior Property Line • 5 ft.
8.5 .8.2 Abutting a Road Same as Principal Bldg.
8.5.9\ Maximum Building Height Two (2) stories or thirty
five (35) ft.
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• 8.5 .10 Maximum Percent of Lot Coverage 30 %
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8.5.11 Minimum setback from any waterway 20 ft.
8.5.12 Mobile homes must be provided with suitable tie-downs as
• ' required by the Building Code.
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8.6 Front Yard Exceptions . Same as- RU-1.
g• 7 Side Yard Exceptions . Same as RU-1.
8.8 Signs Permitted. Same as RU-1.
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8.9 Parking. Off-street parking shall be provided as required
. in Section 32, Article VII of this ordinance. •
8. 10 Sanitary Sewer System. A central sanitary sewage collection,
• treatment and disposal system for all Mobile Home Residential developments
(RU-5) shall be provided and shall meet the requirements of the State Division
of Health.
• 10-15
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Section 9. RU-5P, Mobile Home Park Residential District.
This District is established for the purpose of providing a district
for mobile homes in approved parks where the lots are not individually owned
but are occupied as single family dwellings with the intent of creating an
environment of residential character, designed to enhance living conditions
and permitting only those uses, activities and services which are compatible
with the residential environment. If at any time individual lots within' an
RU-5P district are proposed to be sold, an application for rezoning to. RU-5
shall be submitted. All requirements for RU-5 zoning must be met in order
for the request for rezoning to RU-5 to be approved by the Zoning Board. ,
Sale of any lot in an RU-5P zone is prohibited.
This RU-SP zone is a residential district, not a commercial or business
district. The following regulations are intended to protect the residential
character of Mobile Home Parks .
9.1 Principal Uses Permitted.
9.1 .1 Parking, occupancy, or storage of mobile homes and
travel trailers .
9. 1 .2 Service buildings , including bath, toilet and laundry
facilities for park occupants .
9.1.3 Lounge, recreational buildings, areas, and facilities .
' 9.1.4 Office and living accommodations for park manager and
his immediate family.
9.1.5 Storage buildings .
9.1.6 The sale of new and used mobile homes shall be permitted
within the boundaries of an approved mobile home park subject to the follow-
ing conditions .
9.1.6. 1 Allowable Number. The number of mobile homes for sale
shall not exceed ten (10) percent of the total number of approved mobile
home spaces in the mobile home park.
9.1.6.2 Location. Mobile homes for sale shall be located only
on approved mobile home spaces in the mobile home park and shall be subject
to the same setbacks and yard requirements as occupied mobile homes .
9.1.6.3 Maintenance. There shall be no renovating, overhaul or
repair to mobile homes offered for sale within the mobile home park. How-
ever, customary maintenance shall be permitted, such as would be permitted
for an occupant while living in a mobile home or conventional dwelling.
10-16
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9.1.6.4 Advertising. There shall be no signs , banners, pennants,
or other type of display advertising mobile homes for sale, except that one
(1) sign not over 18 x 24 inches shall be permitted to be posted on each •
mobile home offered for sale.
9. 1.7 Sale of tobacco, sundries , pre-packaged foods and non, .
alcoholic beverages for the convenience of the mobile home park occupants
only, accessible only from within the park, will be permitted in parks hav-
ing an area of at least one hundred (100) acres and as approved by the
Zoning Board in the mobile home -park plan.
9.2 Accessory Uses Permitted. Temporary additions adjacent
to and attached to mobile homes, including cabanas, carports, storage units
of mobile home type construction only, excluding permanent conventional
type construction and subject to approval of the Director of the Building
and Zoning Department; the size of the additions shall not exceed the length?
width or height of the mobile home to which it is attached, and shall not
encroach into any required yard or setback.
9.3 Uses Permitted Upon Special Approval . None.
9.4 Uses Prohibited. All other uses .
9.5 Development Requirements . The Park shall be designed
and constructed in accordance with the following requirements :
9.5. 1 Size and Density. The minimum allowable area for a park
shall be twenty (20) acres and the maximum density of mobile homes or travel .
trailers within the park shall be seven units per gross acre. (Gross acre-
age shall include al.l--area within the approved Mobile Home Park boundaries) .
9.5.2 • Mobile Home Space. Each mobile home space shall be 'clearly
defined and shall abut on a driveway or street with unobstructed access to a
public street, and each mobile home space shall contain not more than one (1)
mobile home and its accessory structures .
9.5.2. 1 Minimum yards required between mobile homes or any
enclosed appurtenances and lot lines shall be:
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9.5.2. 1. 1 Front Yard 20 feet
9.5.2. 1.2 Side Yard 15 feet
9.5.2.1.3 • Rear Yard 10 feet
9.5.2.2 Minimum distance between detached structures shall be. •
10 feet. •
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10-17
9.5.2.3 Minimum setback of any structure from boundary of
Mobile Home Park:
9.5.2. 3. 1. Street 25. feet .
9.5.2.3.2 Interior 10 feet
9.5.2.4 Minimum setback from any waterway or canal : 20 feet
9.5 .3 Street and Driveway Improvements . All streets and drive-
ways shall be paved in accordance with "Standard Specifications and Details"
of Monroe County and shall have a minimum pavement width of twenty (20) fcet
for streets ; ten (10) feet for single driveways; fifteen (15) feet for drive-
ways serving two (2) through four (4) units, and twenty (20) feet for drive-
ways serving more than four (4) units .
9.5.4 Street Lighting. All streets and driveways within the
park shall be lighted at night with electric lights providing a minimum
average illumination of 0.2 footcandles .
9.5.5 Required Utilities . An electrical outlet supplying at
least one hundred ten (110) volts with adequate current to provide for the
needs of each mobile home shall be provided for each trailer space. All
such outlets shall be weatherproof and underground to each space.
9.5.5.1 Water Supply. An adequate supply of pure water for'
drinking and domestic purposes shall be supplied by pipes to all buildings
and mobile home spaces within the Park, to meet the requirements of the •
Park. Each mobile home space shall be provided with a cold water tap. An
adequate supply of hot water shall be provided at all times in the service
buildings for all bathing, washing, cleansing and laundry, facilities .
9.5 .5.2 Sanitary Sewer System. Waste from showers, bath tubs,
flush toilets, urinals, lavatories , slop sinks , and laundries in service
and other buildings within the Park shall be discharged into a central
sewage collection, treatment and disposal system which shall have been •
approved by the Monroe County Board of Health and the State Division of
Health.
9.5.6 Garbage Receptacles . Approved garbage cans with tight
fitting covers shall be provided in quantities adequate to permit disposal
no further than three hundred (300) feet from any mobile home space. The gar-
bage shall be collected and disposed of as frequently as may he necessary to
insure that the garbage cans shall not overflow. The use of a central gar-
bage collection system shall be permitted as an alternative. The location
• of garbage collection areas shall be shown on the Mobile Home Park Plan. •
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10-18
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9.5.7 Fire Protection. Every park shall be adequately equipped
at all times with fire extinguishing equipment in good working order. No
open or unattended fires shall be permitted at any time or place.
9.5.8 Required Recreational Area. A minimum of five (5) percept
of the gross land area within the parkboundaries shall be designated for
use as a park and recreation area.
9.5.9 Required Buffers .
9.5.9.1 Mobile Home Parks shall be -surrounded by buffer strips
at least ten (10) feet wide on the sides and rear and twenty five (25)
feet wide along street frontage, provided however that no side or rear
buffer is required between adjacent mobile home developments . Streets may
be located in buffer strips .
9.5.9.2 Buffers shall be attractively landscaped and neatly
maintained, and shall otherwise be unoccupied except for permitted utility
facilities, signs or entrance ornamentations . •
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9.5.9.3 Landscape planting and screening in buffer strips as
required in this Section shall be required along that portion of the
boundary where the Mobile Home Park has a common boundary with a GU
District provided no dwelling is located within two hundred (200) feet of
I . such boundary. Upon a change of abutting GU Districts to any other zoning
classifications, the Mobile Home Park owner shall comply with the landscap-
ing and screening requirements as provided in this Section.
9.5.10 Noise. Intercommunication .systems must not be audible
beyond the park boundary. Outdoor public address systems shall not be per-
mitted.
9.5 .11 Screening. Any portion of the property of a Mobile 'Home
• Park abutting any residential or business district shall be screened there- .
from by a four (4) foot masonry wall of solid face construction or an
approved fence with a minimum height of four (4) feet screened on the resi-
dential side by dense evergreen foliage maintained to a minimum height of
four (4) feet. Such screening shall be erected and maintained by the owners
of-the Mobile Home Park property.
In lieu of the above described masonry wall, the
director of the Building and Zoning Department may approve planting evergreen
foliage in accordance with specifications approved and adopted by the Zoning
Board. Such planting shall be installed and evidence shown of maintenance
capability acceptable to the Director of the Building and Zoning Department
• before a Certificate of Occupancy is issued for the applicable property. - • '
• 10-19
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9.5. 12. Parking. No parking shall be allowed on any mobile home
space access driveway unless a paved parking lane of not less than eight and
one half (S-?) feet shall be provided in addition to the required minimum
width access driveway.
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9.5.13 Anchors and Tiedowns . All mobile homes shall be tied
• down to anchors with both tiedowns and anchors as required by the Building •
. Code. '
9.5.14 Minimum Elevation. Each mobile home space shall comply
• with the development requirements on filled or low land as required by the ' . •
Plat Filing Ordinance—of Monroe County, Florida.
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9.6 • Signs Permitted. Same as RU-4 District.
9. 7 Parking. Off-street parking shall be. provided as required
in Section 32, Article VII of this Ordinance.
•
Section 10. RU-6, Recreational Vehicle Park District
•
This District is intended to provide an area in which travel trailer
• resorts and related facilities may be developed. Parks, developed under - •
provisions of this section are intended. to provide short term occupancy
by tourists .
•
10. 1 Principal Uses Permitted.
10. 1. 1 . Travel trailer and camper parking.
10. 1.2 Mobile homes shall be allowed within the District only
to serve as living quarters for employees of the Recreational Vehicle Park.
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. 10. 1.3 Tent camping. .
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10.2 Accessory Uses Permitted.
10.2. 1 Offices related to the operation of the Recreational
Vehicle Park. '
. 10.2.2 Residence of a manager and his immediate family.
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10.2.3 Service buildings, including bath, toilet and laundry
facilities .
• 10.2.4 Recreational facilities including swimming pools, golf, •
recreational and social center buildings, and other recreational facilities
and areas . .
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10.2.5 Utility buildings and storage buildings .
10.2.6 Marinas, including docking, storage, fuel and supplies ,
but excluding any repairs or overhaul of boats, motors or equipment.
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10.3 Uses Permitted Upon Special Approval. Recreational
Vehicle Resort development providing one hundred (100) or more spaces may
have a filling station, restaurant and cocktail lounge, retail stores , and
service establishments for the primary use of the development provided:
10.3.1 No signs or displays other than on-site identification
signs not exceeding eight (8) square feet in area indicating such use shall
be visible from any dedicated public street.
10.3.2 Such uses are for the convenience of the occupants of
the development and not normally available to other persons .
10.3. 3 Travel trailer and camper storage areas and provisions
for fencing or screening of same.
10.4. Uses Prohibited. Any other use.
( > 10.5 Development Requirements .
10.5. 1 The site proposed shall contain not less than twenty. (20)
acres, shall have not less than eighty (80) spaces completed and available at
first occupancy and shall have no more than ten (10) Recreational Vehicle
spaces or camper spaces per gross acre. •
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10.5.2 A landscaped vegetative buffer zone at least twenty five
(25) feet in width shall be provided where this District abuts some other
zoning district of a higher classification.
10.5.3 Each space shall have an average width of at least forty.
feet (40) and contain not less than two thousand (2,000) square feet.
10.5.4 If a mobile home is sited within the park for the use of
employees, manager, or owner, the space shall be not less than six thousand
(6,000) 'square feet in area.
10.5.5 No part of any Recreational Vehicle, camper, tent or
appurtenance thereto shall be placed within ten (10) feet of any other such
unit or appurtenance thereto. No part of any unit shall be located within
tw.enty five (25) feet of any accessory structure or building or service
building located in the development.
,�•,. 10-21 . •
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10.5.6. Each site or space shall be at least thirty (30) feet
in width where it abuts on a driveway or accessway, said driveway or accessway
shall have unobstructed access to a street. Such driveway or accessway
shall have an all-weather roadway not less than twenty (20) feet in width
and adequately lighted. A paved or all weather surface of not less than
ten (10) feet in width shall be provided for both the recreational vehicle
and automobile parking space on each site.
10.5.7 A potable water supply shall be furnished to each site.
No recreational vehicle, camper, or tent' shall be located more than two
hundred (200) feet--fra approved toilet facilities, except that this pro-
vision shall be deemed to have been met when approved sewage hookups are
supplied to' individual sites, and where the unit to be placed on the site
is provided with adequate toilet facilities .
10.5.8 Garbage, trash and refuse collection shall be furnished
to each site.
10.5.9 The development shall have a sewage disposal system
approved by the Monroe County Board of Health and the State Division of
Health.
10. 5. 10 Porches, additions, and other appurtenances to recrea-
( . tional vehicles, campers and tents shall comply with this ordinance and the
Building Code of Monroe County. All canvas, or other demountable roofs,
porches, or other appurtenances shall be dismantled and stored if the
dwelling unit is not to be occupied for a period of thirty (30) days or '
more, except •that a roof, porch, or appurtenance constructed under a
Building Permit issued by Monore County is not subject to this requirement.
10.5. 11 A recreation area shall be provided and maintained
equivalent to one hundred (100) square feet of land area for each site or
• space within the development. Such recreation area shall not be longer
than two (2) times its width and shall be maintained in a clean, safe and
presentable condition.
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10.5. 12 Display or sale of recreational vehicles, campers,
tents or any second hand articles is prohibited within the development, .
except that an unoccupied unit previously occupied on the same site, or
an occupied unit, may be sold by the owner on that site, together with
any appurtenant equipment.
10.6 Signs Permitted. Same as RU-4 District.
10.7 Parking. Off-street parking shall be provided as required
in Section 32, Article VII of this ordinance.
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Section 11. RUJ-7 Residential Tourist District
. This District is intended to provide an area for accommodations oriented
to the transient and resort trade, with a residential character, and. preserv-
ing and protecting the amenities of a living environment.
• 11. 1 Principal Uses Permitted.
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• 11. 1 . 1 Any use permitted in "RU-3" Districts .
11. 1.2 Hotels, motels, tourist accommodations ; marinas, resort.
11. 1.3 Parking lots and parking garages .
• 11. 1.4 Churches .
11.2 Accessory Uses Permitted. •
11.2,1 Hotels, Motels, and Tourist Accommodations . Any hotel,
motel , .or tourist accommodations facility in any RU-.7 District containing
one hundred (100) rental units or more shall be permitted to establish
accessory uses within the principal building, designed to serve only the
guests of the facility, and accessible only from an interior court, lobby
or corridor, as follows : •
Drug,and sundry shops , florists, gift shops , confection-
ary stores , restaurants, coffee shops, news stands, personal services, and
cocktail lounges , provided such use is in conformance with all State and
County laws .
11. 2.2 Apartment Buildings . Any apartment building in any RUr7
District containing two hundred (200) or more rental units shall be permitted
to establish accessory uses within the principal building, designed to serve
only the occupants of the building, and accessible only from an interior
court, lobby, or corridor, as follows : •
All uses permitted in subsection 11 .2. 1 of this Article
relating to hotels , motels, and tourist accommodations , and in addition,
stock brokers , travel agents, accountants, professional offices including
physicians , dentists, and attorneys .
11'.3 Uses Permitted Upon Special Approval.
11. 3.1 Clubs, lodges .
11.3.2 Fraternities , Sororities .
11.4 Uses Prohibited. All uses not otherwise permitted. .
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10-23 •
11.5 Lot and Building Requirements . Same as RU-3 Districts .
11.6 Signs Permitted. Same as RU-3 Districts .
11. 7 Parking. Off-street parking shall be provided as
required in Section 32, Article VII of this ordinance.
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ARTICLE XI •
BUSINESS DISTRICTS
Section 1 Purpose
Business districts are intended to provide areas in which the customary
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and traditional conduct of trade and commerce may be carried on without ,dis-
ruption by the encroachment and intrusion of incompatible uses, and protected
from the adverse effects of undesirable industrial uses . •
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Section 2 Applicability
.Within the BU-1, BU-2, BU-2A and BU-3 districts the 'following regula-
tions shall apply.
Section 3 BU-1 Light Business District •
The District is intended to protect and enhance the areas best suited
for the preservation and development of tourist oriented resort type
facilities , including both accommodations, and businesses related to the .
tourist-resort trade.
3.1 Principal Uses Permitted
3. 1.1 Multiple family dwellings , (apartments) of five (5) units
or more.
3. 1.2 Hotels, motels , tourist accommodations
3.1.3 Professional services
3.1 .4 Business services
3.1.5 Personal services
• 3.1.6 Restaurants, Types "A" and "B", drug and sundry shops ,
tobacco and news stands, florists, gift shops , confectionary stores, and
coin operated laundries .
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3.1.7 Plant nurseries .
• 3.1.8 . Churches and schools •
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3.1.9 Clubs and lodges .
3.1.10 . Funeral homes , crematoriums and mortuaries
3.1.11 Hospitals, .clinics, medical and dental laboratories .
3.1.12 Nursing homes, homes for the aged. •
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3. 1. 13 - Coin operated laundries
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• 3.1.14 Shopping Center
3.2 Accessory Uses Permitted •
•
3.2.1 Apartments within the principal building.
3.2.2 Living uses only for watchmen and caretakers . •
• 3.2.3 Accessory uses for motels and hotels . •
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3.3 Uses Permitted Upon' Special Approval .
3.3. 1 Retail sales and services not expressly permitted.
3. 3.2 Outdoor or open air recreation, amusement, entertainment.
3.3.3 . Multiple family dwellings of less than five (5) units.
3.3.4 Type "C" and "D" Restaurants .
3.3.5 Wood frame or temporary buildings . . •
3.3.6 Technical and vocational schools . '
3.3.7 . Parks and recreation areas . •
• 3.3.8 Class "B" Signs
3.4 Uses Prohibited
3.4.1 ' Single family dwellings ..
3.4.2 Industrial and manufacturing uses . .
11-2 •
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3.4.3 Alcoholic beverage wholesale, retail and serving
establishments . .
3.5 Lot and Building Requirements
3.5 .1 Multiple family dwellings (apartments) : Same as RU-3 •
district.
3.5.2 All automotive uses except service stations .
3.5.2. 1 Minimum Lot Area 7,500 sq. ft.
3.5..2.2 Minimum Lot Depth 100 ft.
3.5.2.3 Minimum Lot Width 75 ft.
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3.5 .2.4 Minimum 'Front Setback 25 ft.
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3.5.2.5 Minimum Rear Setback:
• 3.5.2.5.1 Abutting Another Lot .10 ft.
3.5.2.5.2 Abutting a Road 20 ft.
• 3.5.2.6 • Minimum Side Setback:
• 3.5.2.6.1 Interior 5 ft.
Except that no side yard or setback shall be required provided side
walls are eight (8) inch thick masonry construction without openings, .and .
extend above roof line as required in the Building Code.
3.5.2.6.2 . Abutting a Road 10 ft.
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3.5.2.7 Accessory Buildings : Same as principal building
3.5.2. 8 . Maximum Building Height None
3.5.2.9 Maximum Percent of Lot Coverage 80%
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• 3.5.2. 10 Minimum setback from any waterway 10 ft.
3.5.3 Service Stations . See Section 41, Article VII
3.5.4 Shopping Centers . See Section 42, Article VII •
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3.5.5 • All other uses :
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3.5.5.1 Minimum Lot Area 5,000 sq. ft.
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3.5.5.2 Minimum Lot Width 50 ft.
• 3.5 .5.3 Minimum Lot Depth 100 ft.
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3.5.5.4
Minimum Front Setback • 25 ft. •
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3.5.5.5 Minimum Rear Setback:
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3.5.5.5.1 Abutting Another Lot 10 ft.
3.5.5.5.2 Abutting a Road 20 ft. '
3.5,5 .6 Minimum Side Yard:
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3.5.5.6.1 • Abutting A Road 20 ft.
3.5.5.6.2 Interior • 5 ft.
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Except that no side yard or setback shall be required provided side walls
are eight (8) inch thick masonry construction without openings, and extend
above roof line as required in the Building Code.
Abutting a Residential District 5 ft.
3.5.5.7 Accessory Buildings Same as principal building. •
3.5.5.8 Maximum Building Height • None •
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3.5 .5 .9
Maximum Percent of Lot Coverage 80%
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3.5.5.10 Minimum setback from any waterway - 10 ft.
Except that marine oriented business may build up to bulkhead, bulkhead .•
line, or apparent mean high water line.
3.6 Signs Permitted •
• 3.6.1 One (1) class "A" sign for each street frontage for each .
lot or parcel under separate ownership, plus one (1) secondary class "A" sign • •
for each separate business on any single lot or parcel . •
• 3.6.2 Class "B" signs are permitted only upon special approval.
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3. 7 Parking. Offstreet parking shall be provided as
required in Section 32, Article VII of this ordinance.
Section 4. BU-2 Medium Business District
This district is intended to provide areas suitably situated for the
conduct of businesses engaged in the wholesaling, warehousing and distri-
bution of goods and commodities , serving the public traveling on the high-.
way, and for the sale, servicing and storage of boats and accessories .
4. 1 Principal Uses Permitted
4.1.1 Any use permitted in BU-1 districts .
4.1 .2 Warehouses , wholesaling.
4.1.3 Restaurants of all types .
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4.1.4 Sale of fuel, lubricants and supplies :
4.1.5 Shopping Centers . •
4.1.6 Recreation, entertainment and amusement uses including
theaters, bowling lanes, billiard parlors , amusement arcades, dance halls,
auctions, and art galleries ; provided that all such uses are in a completely
enclosed building.
4.1.7 Marinas, Resort and Sports .
4.1.8 Retail sales and services , provided that all merchandise
shall be stored and displayed within fully enclosed buildings .
4.1.9 Parking lots and parking garages .
4.1.10 Automotive specialty services including the sale and
repair of starters, generators, alternators, and electrical parts; carbur-
etors, speedometers, instruments, and radio repair; provided the service
is performed on parts off of the vehicle, and no installation or removal
from the vehicle is performed on the premises .
4. 1.11 Automotive parts, excluding used parts, provided no .in-
stallation is performed on the premises and all .parts are stored within a
completely enclosed building.
4.1.12 Automotive sales and services .
4.1.13 Boats, trailers and motor sales . •
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4.1.14 Service stations and truck stops .
4.1.15 Major mechanical and body overhaul and repair, to be
conducted within a fully enclosed building.
4. 1.16 Lumber and building materials; excluding cement, ready
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mix concrete and concrete products manufacturing plants .
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4.1 .17 Sale and storage of mobile homes , travel trailers and
campers .
4.2 Accessory Uses Permitted
4.2.1 Living quarters for watchmen and caretakers only.
4.2.2 Parks and recreational facilities .
4.2. 3 Utility buildings and facilities .
4.2.4 Customary accessory uses for principal-permitted uses .
4.3 Uses Permitted Upon Special Approval
4.3.1 Wood frame or temporary building.
4.3.2 Amusement and entertainment uses .
4.3.3 Bait and fish houses .
4.3.4 Rental of motor scooters or motorcycles, automobiles,. or
any other self propelled conveyance.
4.3.5 Sales, service, storage and parking of construction
machinery and equipment.
4.4 Uses Prohibited
4.4.1 Single Family dwellings .
4.4.2 Any industrial or manufacturing use.
4.4.3 Commercial fishing docks; seafood processing, sales or
storage.
4.4.4 Alcoholic beverage wholesale, retail and serving
establishments .
• ✓i 11-6
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4.5 Lot and Building Requirements
4.5 .1 Wholesale and Warehousing Businesses; Highway Businesses..
4.5 .1.1 Minimum Lot Area 15,000 sq . ft. •
4.5.1.2 Minimum Lot Depth 150 ft.
4.5.1.3 Minimum Lot Width 100 ft.
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• 4.5.1.4 Minimum Front Setback 50 ft.
4.5 .1.5 • Minimum Rear Setback • 25 ft. •
4..5,1 .6 Minimum. Side Setback 25 ft.
4.5.1.7. Accessory Buildings Same as principal
building . •
4.5.1 .8 Maximum Building Height None
4.5.1.9 Maximum Percent Lot Coverage 800
•
4.5.1.10 Minimum setback from any waterway • 25 ft. •
4.5.2 Marine Oriented Businesses
• 4.5.2.1 Minimum Lot Area 1 acre
4.5.2.2 Minimum. Lot Depth 150 ft. •
4.5.2.3 Minimum Lot Width 150 ft.
•
4.5.2.4 Minimum Front Setback 50 ft.
•
. 4.5.2.5 Minimum Rear Setback 25 ft. • •
Except that boat service buildings may build up to the apparent •
mean high water line, or bulkhead line as established.
4.5.2.6 Minimum Side Setback 25 ft.
•
• 4.5;2.7 Accessory Buildings Same as principal
building.
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4.5.2.8 ' Maximum Building Height 35 ft. •
• 4.5.2.9 Maximum Percent of Lot Coverage 40%
4.6 Signs Permitted. Class "A" Signs and Class "B" signs
complying with the sign requirements provided in this ordinance.
4.7 Parking. 0ffstreet parking shall be provided as required
in Section 32, Article VII of this ordinance.
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Section 5. BU-2A Alcoholic Beverage Business District
This district is intended to provide areas where businesses involved
in the wholesale, retail and individual dispensing of alcoholic beverages
may be located.
5.1 Principal Uses Permitted.
5.1 .1 Bars , package stores , saloons , taverns , wine shops ,
cabarets, night clubs, cocktail lounges .
5.2 Accessory Uses Permitted. Uses and structures which are
customarily and clearly incidental and subordinate to the principal use and/or
structure; provided that no residential facilities shall be permitted except •
for watchmen or caretakers whose work requires their residence on the premises ,
5.3 Uses Permitted Upon Special Approval. None. •
5.4 Uses .Prohibited. All uses not expressly permitted.
5.5 Lot and Building Requirements . Same as BU-2. •
5.6 Signs Permitted. Same as BU-2.
5.7 'Parking. Same as BU-2.
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Section 6. BU-3 Heavy Business District
•
This district is intended to provide suitable areas for manufacturing
processing, storage and distribution of goods and commodities . The dis-
trict is established to provide areas in which compatible or related in-
dustrial type uses may be located.
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6.1 Principal Uses Permitted. •
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6.1 .1 Retail sales and services for products manufactured on . •
• the premises only.
6.1.2 Wholesale, warehousing, and distribution of products
• manufactured on the premises only.
• • 6.1.3 Manufacturing, fabrication, and processing of goods and
: commodities primarily intended for use or consumption within the local trade
area including construction and fabrication of building equipment such as
cabinet shops , sheet metal shops , heating and air conditioning, plumbing,
electrical, welding, laundries , and dry cleaners, bakeries , bottling plants,
boat building and outfitting, light manufacturing and processing.
•
• 6.1.4 Manufacturing and industrial uses meeting the requirements .
of the Industrial Performance Standards cited in Section 36, Article VII of
• this ordinance.
6.1.5 Related offices , laboratories, and testing facilities . •
6.1.6 Research and development facilities .
6.1 .7 Boat, barge, and ship building, maintenance, repairs,
sales , and services .
6.1,8 • Piers, docks and warehouses .
6.1.9 Seafood processing, and production.
•
6. 1.10 Wholesale, warehousing, storage and distribution
facilities , truck terminals .
6.1.11 Boat and ship supply establishments . • •
•
6.1 .12 Bulk petroleum products storage, and facilities for '
distribution and sale.
• • 6.1.13 Terminals for passengers and freight, freight depots .
• 6.1.14 Operation bases for marine salvage, off-shore drilling,
or oceanographic research.
6.1.15 Marinas, Industrial
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6.1.16 Bait and fish houses
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6.1.17 Moving and storage facilities .
6.1.18 Sales, storage and repair of construction machinery and
equipment.
6.1.19 Docking facilities , both wet and dry boat storage, covered
and enclosed boat houses ;
6.1*.20 Sales , service, repair and maintenance of boats , motors
and accessories .
6.2 Accessory Use Permitted. Uses and structures which are
customarily and clearly incidental and subordinate to permitted principal use
• and structures; provided that no residential facilities shall be permitted-
in the district except for watchmen and caretakers whose work requires resi-
dence on the premises or for employees who will be temporarily quartered ,on •
the premises . •
6.3 Uses Permitted Upon Special Approval
6.3.1 Schools and churches .
6.3.2 Clubs and lodges .
6.3.3 Recreation, amusement, and entertainment.
6.3.4 Automotive sales and services , •
6.3.5. Mobile homes and travel trailer• sales and services .
6.3.6 Automotive sales and services .
6.3.7 Restaurants, all types .
6.3.8 , Wholesale, warehousing and distribution.
6.3.9 Moving, storage, and freight depots . •
6.3.10 Local service and light manufacturing uses complying
with the Industrial Performance Standards as provided in this ordinance.
6.3.11 Junk yards .
6.3.12 Parks
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6.3.13 Veterinary facilities, animal hospitals, kennels .
6.3. 14 Industrial Parks . -
6.4 Uses Prohibited
6.4.1 Residential uses except as provided in subsection 6.2
above.
6.4.2 All uses not expressly permitted or granted upon approval
of a Special Use Application.
6.5 Lot and Building Requirements
6.5.1 Minimum Lot Area 1 acre
6.5.2 Minimum Lot Width 150 ft.
6.5.3 Minimum Lot Depth 150 ft.
6..5.4 Minimum Front Setback 50 ft.
6.5.5 Minimum Rear Setback 25 ft.
Except that boat service buildings and facilities may build up to the
apparent mean high water line, bulkhead or bulkhead line as established.
6.5 .6 Minimum Side Setback 25 ft.
6.5.7 Accessory Buildings Same as principal
building.
6.5.8 Maximum Building Height 35 ft.
6.5.9 Maximum Percent of Lot Coverage 40%
6.5.10 No Industrial use or structure shall be placed closer
than 100 feet to an existing residence. •
6.6. Signs Permitted
6.6.1 One Class "A" sign per plant entrance provided that
two (2) such signs may be placed back to back or connected in a "V" shape;
plus one (1) secondary Class "A" sign per principal structure.
6.6.2 Class "B" signs must conform to spacing requirements as
set forth in Article XIII .
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6.7 Parking. . Offstreet parking shall be provided as required
in Section 32, Article VII of this ordinance.
Section 7. General Provisions for Business Districts .
7. 1 Facing of Business Uses . When applicable, business uses
shall face another business district across a street if within a business
zone, and shall not face residential zones which may front on an intersecting
or rear street adjacent to such business zone.
7.2 Access to Business Uses . Where business district property
abuts two (2) streets and where that portion of such street abutting business
district property also abuts any residential district, access to such business .
district property shall be provided only from the street not abutting a resi-
dential district.
7.3 Screening of Business Property. Any lot in a business zone
abutting a residential zone shall provide screening for protection of the
residential property as follows :
7.3.1 A four (4) foot masonry wall of solid or open face con-
struction of twenty five (25) percent or less, with a two (2) foot ornamental
superstructure totalling six (6) feet in height shall be erected and maintained
by the owner or occupant .of the business property.
In lieu of the above described masonry wall, the Building and Zoning
Department may approve planting evergreen foliage in accordance with specifi-
cations' approved and adopted by the Zoning Board. Such planting shall be
installed and evidence shown of maintenance capability acceptable to the
Building and Zoning Department before a Certificate of Occupancy is issued
for the applicable property.
7.3.2 On any lot in a business zone which abuts a lot lying
within a residential zone, there shall be provided a minimum setback of
five (5) feet for the principal building and accessory buildings on the
property in the business zone along property lines abutting properties
existing within a residential zone.
•
Section 8. Performance Standards
All uses in business districts shall comply with the standards set
forth in Section 36, Article VII of this ordinance.
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planned unit development project has been approved by the Zoning Board' and
properly recorded in the office of the County Clerk. The zoning map amend-
ment shall be valid only for the planned unit development project as approved.
1.4 Development Requirements . The general requirements for
all PUD projects shall be as described hereinafter.
1.4.1 General Regulations for all PUD projects shall be as
follows .
•
1.4.1. 1 Minimum area in a PUD shall be twenty acres .
1.4. 1.2 Construction of all PUD projects shall be initiated within
one year after approval of the final plat or the district shall automatically
revert to its previous zoning classification(s) . Under certain conditions, upon
application by the developer, the Zoning Board may grant reasonable time -exten-
sions .
1.4.1.3 The applicant of a PUD project may be required to provide
a detailed statement of proposal, including covenants , agreements, or other
specific documents , showing the ownership and method of assuring perpetual
maintenance to be applied to those areas within the project that are to be
used for open space, recreational or other common or quasi-public purposes .
Such a statement, if required, shall be attached to the preliminary and
} final plats as special conditions .
1.4. 1.4 The applicant of a PUD project may be required to pro-
•
vide a statement of financial responsibility including the posting of a :
security bond or certified check payable to Monroe County to assure the
installation of improvements required as special conditions . The bond or
check shall be subject to the condition that the improvements will be com-
pleted within one year after approval of the final plat." The Zoning Board
may, however, grant a one year extension when such extension is deemed rea-
sonable and necessary by the Zoning Board.
1.4.1.5 An application for a PUD project may include a proposed
subdivision of the tract of land within the project property lines into one
or more separately owned and operated units . Such proposed subdivision, if
approved with the proposed PUD project is in compliance with the Monroe
County Plat Filing Ordinance, shall be permitted without further approval.
Any PUD project which includes a proposed subdivision of the total tract of
land within the property lines into one or more separately owned and operated
units shall, if approved, be subject to all attached special conditions and
all provisions of this ordinance regarding PUD projects in its entirety
including all approved subdivisions regardless of their ownership.
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ARTICLE XII
PLANNED UNIT DEVELOPMENTS (PUD)
Section 1. Planned Unit Developments (PUD)
1.1 A planned unit development (PUD) project may depart from
the literal conformance with this ordinance after an amendment to the zoning
map designates the area as a Planned Unit Development District. All PUD
projects shall be subject. to all requirements of this Article XII.
1.2 Procedure . When a planned unit development project is
proposed, the developer shall meet with the Zoning Board prior to the pre-
paration or submission of a preliminary plat of a proposed PUD project. The
purpose of this meeting shall be to discuss informally the minimum require-
ments and design standards for PUD as well as to discuss existing or proposed
development which may affect, or be effected by, the proposed PUD project.
For the purpose of such discussion, the developer shall provide a sketch plan
� indicating the proposed project area, its relationship to the surrounding
area and general development scheme. The advisory meeting and informal review
is designed to prevent unnecessary and costly revisions in the preliminary
plat application. Formal application or filing of a plat is not required for
the advisory meeting. After the advisory meeting, the developer of a proposed
PUD project may submit a preliminary and final PUD project plat in accordance
with the procedures set forth hereinafter for PUD projects , A preliminary and
final development plat, approved by the Zoning Board showing all appropriate and
applicable data and information proposed within the PUD project shall be required.
Essentially, the PUD project shall be developed according to the approved and
recorded final development plat. Minor changes are permissible provided the
general PUD concept is not significantly altered. Building permits and
certificates of occupancy shall be required for each building according to ,the
respective sections of this ordinance.
1.3 Permitted Uses . Permitted uses in a PUD project may be a
mixture of several compatible uses once the proposed project location has
been zoned as a PUD district. If the Monroe County Commission approves the
proposed Preliminary PUD Project Plat, it shall amend the zoning district
map to designate the proposed PUD project location as a Planned Unit Develop-
ment District. Upon adoption of the zoning map amendment, the County Commis-
sion shall issue written authorization to the developer to prepare a Final
Development Plat of the proposed PUD project to be submitted to the Zoning
Board for final review. The zoning map amendment adopted by the County
Commission shall not become final until the Final Plat of the proposed
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1.4. 1.6 There shall be no subdivision of an approved PUD project
unless such subdivision is in conformance with th.e originally approved and
" recorded final plat or an amended final plat approved and recorded in con-
' fonnance with the procedures of this ordinance regarding review and approval
of PUD projects .
1.4.1.7 There shall be no significant change, alteration, amend-
ment or extension of any approved PUD project final plat unless such change,
. alteration, amendment or extension is approved in conformance with this
resolution regarding the procedure for review and approval of all PUD pro-
jects . This does not preclude minor adjustments, of the PUD project by the
developer so long as the overall concept of the project remains intact.
1.4.1.8 Construction of all PUD projects shall be completed within
two (2) years after approval of the final plat. The Zoning Board may, however,
require as a special condition, the completion of the project at an earlier
date or may grant an extension of completion time when such extension is
deemed reasonable and necessary by the Zoning Board.
1.4.2 General Standards . In any PUD project although it is
permissible to depart from literal conformance with the individual lot
dimension and area requirements, there shall be no reduction of the total
equivalent lot area, and loading and unloading area requirements that would
be necessary for the equivalent amount of individual lot development. In
addition, the Zoning Board shall examine the .proposed PUD project with
particular attention to the following:
1.4.2.1 The influence the proposed project may be expected to
have on existing or future development in surrounding areas and the achieve-
ment of a desirable spatial relationship between the buildings and the land,
and between the buildings themselves .
1.4.2.2 To ensure that the roads, thoroughfares,. streets , and
accompanying access points proposed are suitable and adequate to carry
anticipated traffic and increased land use intensity will not generate
traffic in such amounts as to overload the existing or proposed street network.
1.4.2.3 To ensure that existing or proposed utility services are
adequate for the population densities or land use intensities proposed.
1.4.3 Special Conditions . The Zoning Board shall attach ,
reasonable special conditions to ensure that there shall be no departure
from the intent of this zoning ordinance. The PUD project shall conform
with all such conditions . Because a PUD project is inherently more complex
than individual lot development and because each such project must be tailored
to the topography and neighboring uses , the standards for such projects can-
not be inflexible. The following standards define the typical special con-
ditions the Zoning Board may attach to PUD projects . The Zoning Board may
also attach any other reasonable special conditions .
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1.4.3.1 It is desirable that access points to all arterial
streets shall be located not more frequently than once every one-sixteenth
(1/16) to one-eighth (1/8) mile. The Zoning Board may approve the platting
of temporary access points which shall be closed when the permanent access
• points are provided.
1.4.3.2 Wherever there is an abrupt change in uses -- e.g. , • •
residential to commercial -- it is desirable that a buffer area of open
space or protective planting be: placed between them which will protect
' .each use from the undesirable effects of the other.
• 1.4.3.3 Parking and other public areas used at night shall be
adequately lighted, and private areas shall be adequately protected from,
• such lighting and any other lighting from public areas . Public streets
. may also require protection. from excessive glare of lighted areas .
•
1.4.3.4 Areas shall be provided for the parking,_ loading and
• unloading of'delivery"trucks and other vehicles and for the servicing of .
buildings by refuse collection, fuel and other service vehicles in addi-
tion to the required off-street parking and loading spaces . Such areas : -
shall be adequate in size and so arranged that they may be used without .
blockage or interference with the use of accessways or automobile parking
•
facilities and shall be paved in accordance with the requirements for off-
,� street parking and loading areas as required in Section'32, Article VII of
this ordinance.
1.4.3.5 All access roads shall meet the requirements •of the
"Standard Specifications and Details" of Monroe County.
1.4.3.6 All PUD project building construction shall conform
to all .local, state and federal codes pertaining to the particular type
of building or buildings proposed. The developer shall provide the Zoning . .
Board with assurance of such compliance when appropriate`. The Zoning '
Director may also require as a special condition that any building con- •
struction in a PUD project be of an approved fire resistant material or. that . .
before the certificate of occupancy for any building within the project is •
approved the developer must provide the Zoning Director written certificates. .
of approval from the State Fire Marshall and/or State Division of Health ..
• 1 .4.4 Proposed Development Plan. Applicants seeking to rezone
. . lands to PUD District shall submit, as part of the rezoning petition, a .
proposed development plan for the land involved. The plan•shall be in
sufficient detail to show proposed:
1.4.4.1 Land area.
. - 1.4.4.2 Land. uses .
. 1.4.4.3 Street pattern. •
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1.4.4.4 Street and sidewalk right-of-way widths and pavement
widths and the interconnection, if any, with existing or proposed streets
and sidewalks outside the development.
1.4.4.5 Water bodies, open spaces , recreation areas .
1.4.4.6 Commonly owned and used areas, the schedule for their '
development and the method by which they will be managed and maintained:
1.4.4. 7 Areas, if any, proposed for public 'or semi-public purposes .
1.4.4.8 Building sites .
•
1.4.4.9 Maximum building heights . •
1.4.4.10 Minimum yard dimensions . _
1.4.4.11 Minimum building floor areas .
1.4.4.12 Minimum off-street vehicular parking and off-street load-
ing.
1.4.4. 13 Utilities to be provided, and easements therefor.
A
Upon receipt of a petition for establishment of a PUD
District, the Zoning Board shall review the petition and shall either approve,.
approve with modifying stipulations, or• deny the petition.
1.4.5 Standards . In the analysis of the rezone petition and '
the proposed development plan, the Zoning Board shall insure that the fol-
lowing standards and conditions are met: •
1.4.5 .1 Land uses within the development shall be appropriate
• in their proposed location; in their relationship to each other; and
in their relationship with uses and activities on adjacent .and nearby
properties .
1.4.5.2 ' The development shall comply with applicable County
plans and planning policies , and shall have a beneficial effect both upon
the immediate area of the County in which it is proposed •to be established,
and upon the County as a whole.
1.4.5.3 The total land area within the development, and the
area devoted to each functional portion of the development, shall be
adequate to serve its intended purpose.
1.4.5 .4 Streets; utilities ; drainage facilities ; recreation '
areas ; building heights, sizes and yards ; and vehicular parking and loading
facilities shall be appropriate for the particular use or uses involved,'
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and shall equal or exceed the level of design and construction quality re-
quired of similar land development elsewhere in the County.
1.4.5.5 Visual character and community amenities shall be equal
or better in quality than that required by standard zoning districts for
similar development.
1.4.5.6 Open space shall be adequate for the type of development
and the population densities proposed.
1.4:5.7 Commonly owned lands and facilities shall be subject to a
reliable and continuing maintenance guarantee.
1.4.5.8 In the case of developments which are to be constructed
in several units, the proposed units shall be shown on the overall developed
plan. In addition, a step by step construction schedule shall be submitted,
showing the proposed construction schedule for recreational and other com-
' monly owned and used areas . It shall divide the recreational and other
commonly owned and used areas into as many increments as there are proposed
units . Completion of each construction increment shall include completion of
the appropriate portion of the recreational facilities or the posting of •
security which is acceptable to the County and which is sufficient in amount
to guarantee future completion of the planned recreational facility increment.
( ) 1.4.6 Effect of Rezoning Land to PUD District. Upon the rezon-
ing of land to PUD District, the approved development plan, along with such
requirements, safeguards, modifications , or stipulations as may have been
included by the County in its rezoning action, shall be the basis for issu-
ance of all buildings permits, zoning clearances , and certificates of occupancy
by the County. Deviation from the approved development plan or failure to
comply with any requirement, safeguard, modification or stipulation imposed
by the County at the time of rezoning land to PUD District shall constitute a
violation of this zoning ordinance.
1.4.7 Changes in the Development Plan. Any significant proposed
change of an approved development plan shall be submitted and processed in
the same manner as an original application for establishment of a PUD District.
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ARTICLE XIII • • •
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SIGNS
• Section 1. Definition •
For the purpose of this ordinance and whenever used hereinafter, the
tens "sign" shall include any outdoor advertising display using letters,
words, figures, .pictures, design or combinations thereof, to attract the
attention of the public to any place, subject, person, firm, corporation
or any merchandise whatsoever, whether such display be portable or attached
in any manner upon any vehicle or vessel or to a building or structure, or •
affixed to the ground by footings , post, framework, wall or other support-
ing device..
•
Section 2 . Classifications •
•
2.1 Class "A" signs include all signs advertising any pro-
ducts for sale, • service to be rendered, or admission to the grounds Qr a
performance on the premises where the sign is located.
2.2 Class "B" signs include all signs advertising any •
products for sale, service to be rendered, or admission to the grounds or
a performance at a location other than on the premises where the sign is
located.
Section 3. Permits Required •
• Prior to the erection, construction, installation or alteration of •
any sign within the unincorporated areas of Monroe County, a permit there-
for shall be secured from the Zoning Director, unless such sign is speci-
fically exempted hereinafter.
•
•
Section. 4. Exempt Signs
•
The following signs shall be exempt from the above permit requirements,
and also from any permit or inspection fees ; however, all other provisions
• of this ordinance shall apply.
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4. 1 Professional name plates not exceeding two (2) - square
feet in area. -
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• 4.2 Bulletin boards or directories for public, charitable
or religious institutions located on the premises of said institutions -
and not exceeding twelve (12) square feet in area.
4.3 Signs denoting the architect, engineer, contractor, sub-
contractors, and suppliers of materials and/or equipment on the premises
of work under construction, provided that individual signs shall not exceed
four (4) square feet in area, or a single sign listing all names, not to
• exceed thirty two square feet in area. _
. 4.4 One sign, not exceeding' four (4) square feet in area,
per parcel of property which is for sale, rent or lease. •
4.5 Dedicatory tablets or memorial plaques setting forth the
name. or erection date of a building,. commemorating a person or persons, or
like uses; provided that such signs are cast in metal, engraved in stone or •
concrete, or otherwise inscribed in or on a suitable material incorporated
into• or permanently attached to a monument or structure.
4.6 Occupational signs, not exceeding two (2) square feet
in area, listing the name, location and business of an occupant within the
building. .
4.. 7 Non-structural class "A" signs consisting of' letters,
'numerals, or ornamentation painted or applied to awnings, canopies , windows , .
doors, or show windows , provided that no business sh all 'h ave more than ten •
(10) square feet of total sign area. •
4. 8 Identification signs at the 'entrance to residences,
estates, ranches, and like uses, which do not exceed two (2) -square feet
• in area.
4.9 Non-advertising directional signs or symbols (such as •
"entrance", "exit", "slow", "no treaspassing" and the like) pertaining to ,
private property, none to exceed four (4). square feet in area.
4. 10 Traffic or other directional signs erected by municipal,
county, state or federal authorities . Also non-advertising signs by private •
contractors or public carriers established for public warning purposes, such
as "danger - high voltage", "railroad crossing", and the like, whether such
signs be temporary in nature or permanent warnings .
. 4.11 Street identification signs, and entrance 'signs giving
name of a subdivision. The latter shall be located at the main entrance,
• shall not :exceed seventy five (75) square feet in area, and shall contain .
no other advertising. ,
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4. 12 Temporary signs advertising activities of educational,
religious', charitable or other non-profit institutions may be permitted .
• if not in violation with other Sections of this ordinance. .
4. 13 • Signs painted directly on or attached directly to the
body.of a business owned automobile, truck, van, •tractor trailer and the'
like. S
Section 5 . Temporary Signs
Permits may be issued for temporary signs not fully conforming to the
requirements set forth for permanent signs , providing that the Zoning Director
may require such reasonable .conditions and time limits as to protect the
public safety, health, and .general welfare.
Applicants for temporary sign permits shall pay the same
permit fee as for.standard signs (unless specifically exempted) , but.no •
inspection fee is •required. The time limit for temporary signs shall not '
exceed one (1) year and can not be renewed or extended. . •
. Section 6 . Prohibited Signs . '
6.1 No sign shall be erected or maintained which produces • '
a traffic hazard, such as blind corners at intersections ; glare from • '
sign lighting; words, symbols or lights that might be confused with traf-
,-' fic directions . -
• 6.2 No sign shall. be erected or maintained so as ,to prevent
free ingress and egress from any door, window, fire escape or other entrance
•
or exit to any building, nor shall any sign be attached to a standpipe or
• fire escape.
6.3 No sign shall be permitted which involves 'a public nui-,
• sance, glare or noise on adjacent property, or other reasonably objectionable
materials. .
6.4 Any sign now or hereafter existing which no longer ad-
vertises a bona fide business or product shall be removed, painted out or
altered within thirty (30) days after becoming obsolete.
6.5 All lights for illumination of signs shall be shielded
from direct view or glare. All other lights shall not exceed an intensity
or brightness which would cause undue glare, confusions or distraction
. : when viewed from a public right-of-way or adjoining property. . No light
•
shall be •installed or operated which would -by its color, location, intensity •
or movement distract motorists on public roads, or which would tend to be . .
confused with or impair visibility of traffic control signals or devices, or
be mistaken for a police or emergency vehicle.
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Section 7. Maintenance of Signs
All signs for which . a permit is required, together with all their supports?
braces, guys and anchors, shall be kept in good repair and, unless made of
galvanized or noncorroding metal, shall be painted at least once every two, (2)
years. Reverse side of .signs, where exposed, shall be painted and maintained. •
•
• 7. 1 The base of all signs shall be kept free of trash, debris,
• and unsightly vegetations. • •
•
7.2 Where any structural element of a sign is damaged, worn, .
. corroded, or otherwise substantially weakened, it shall be promptly'repaired.
Section 8. Removal or Alteration of Signs
The Director may require the removal or alteration of any sign when one
• or more of the following conditions exist: •
•
• 8. 1 Any sign which is prohibited by this ordinance, or any
sign erected for which a required permit has not been issued, must be re-
moved or altered as directed within thirty (30) days after .notification. . •
•
( 8.2 Any sign which is improperly maintained, or any sign
for which a required annual inspection fee has, not been paid, must be re-
moved or altered as directed within thirty (30) days after notification. •
8.3 Any sign which, in the opinion of the Director or his
agent, is structurally unsafe, or- which presents a hazardous condition
shall be removed or altered as directed within ten (10) days after
notification. The Director may, when such conditions are deemed urgent
. have such hazardous signs removed immediately at the owner's expense
even through the owner or lessor is not• available for immediate notifi-
cation:
• Upon written notice by registered mail or personal
• delivery, the property owner where the improper sign is located shall take
action as directed. Upon failure to act when so notified; the Director
may have the sign removed or altered. The entire expense of such removal
or alteration shall be charged to the property owner. • •
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Section 9. . Restrictions '
• 9.1 No class "A" or. class "B" signs (except those listed '
• under Section 4, of this Article XIII shall be permitted in any Residential
District. •
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9.2 For each. lot or parcel of land in districts permitting .
. class "A" signs , one (1) class "A" sign shall be allowed for each street
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per street frontage for each separate business enterprise on that lot or
parcel . •
9.3 No class "B" signs shall be closer than five hundred
(500) feet to .another class "B" sign fronting along the same right-of-way,
except that two (2) class "B" signs may be connected back• to back or con-
nected in a "V" having an included angle no greater than ninety (90) degrees .
No class' "B" sign shall be closer than 2,000 feet along the same right-of-
way to another class "B" sign advertising the same product or service.
9.4' During the construction and periodic maintenance of a
permitted sign, the land area immediately beneath the sign shall be cleared
and disturbed only to the extent necessary to permit said construction and-
maintenance function. Wholesale clearing. of nearby shrubs, trees or •
vegetation is expressly prohibited. •
Section 10. • Heights and Setbacks
10.1 No private signs shall be erected, altered or maintained.
over or upon any public property or any officially adopted right-of-way.
• 10.2 No signs over walkways or driveways shall have any por, •
tion thereof less than eight (8) feet above the surface of vehicle drive,
ways or parking.
10.3 No roof sign shall be erected, altered or maintained
having any portion thereof within five (5) feet of the side or rear
• wall lines, nor shall it extend more than twenty (20) feet above the
roof level at any point.
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• 10.4 No ground sign shall have a total height at any point •
greater than thirty (30) feet above the average ground level . • •
10.5 All signs within fifty (50) feet of a .street inter-
section shall be placed behind the building setback line. _ If. the signs
• are not behind the building setback line then the bottom of the signs
shall be at least (10) feet above the street crown elevation at the intersection
and the top of the sign shall be thirty feet or less above the street
crown elevation at the intersection.
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10.6 No setback is required for Exempt or Class "A" signs . •
Class "B" signs shall have no portion thereof nearer than fifteen (15)
feet along the right-of-way. -
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10. 7 No sign of any type or classification, including exempt
signs, shall be erected, altered or maintained in such a location or posi •
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tion which obscures another sign in the same vicinity, or blocks light,
ventilation or worthwhile view from adjacent property; nor shall any sign
present an unsightly or reasonably objectionable unfinished side facing
towards adjacent property:
10.8 • Special Approval may be granted by the Zoning Board 'for
. signs to exceed the height limitation set forth herein, provided conditions
and safeguards shall be established by said Zoning Board which it may deem
. :necessary for the protection of private proerty or public interest.
Section 11. Size Limitations 0
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11.1 • Class "A" signs shall not exceed 300 square feet in area.
• 11.2 . Secondary Class "A" signs shall not exceed fifty (50)_
square feet in area. '
11.3 Class "B" signs shall not exceed five hundred (500)
square feet in area. . •
11.4 Special approval may be granted by the Monroe County
Zoning Board for Class "A" Signs or Class "B" signs to exceed the above
• areas provided that conditions and safeguards shall be established by
said Zoning Board which it may deem necessary for the protection of pri-
vate.property or public interest. .
Section 12. Non-Conforming signs •
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12.1 • Existing signs which do not comply with this ordinance
or signs which may, because of changes in this ordinance fail- to comply,
shall be termed "non-conforming" signs. Where Class "B" signs do not
conform to.spacing requirements, the sign or signs last constructed shall
be the non-conforming signs(s) .
' 12.2 Non-conforming signs shall be removed or altered to cpm-
• ply with this ordinance within one year from the date on which they became
non-conforming. Failure to remove or alter any non-conforming sign
shall constitute atviolation of this ordinance and subject the owner of the
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sign to all applicable penalties . ,
12.3 Nonconforming signs are not exempt from annual •
inspection fees unless they are specifically exempt under Section 4 of this
Article.
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Section 13. General
Nothing in this Article or ordinance shall be construed to' countermand
or supersede any more restrictive provision of any State qr Federal law
regulating signs. . Where the requirements of this ordinance exceed State
and Federal requirements, this ordinance shall govern.
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ARTICLE XIV
LEGAL STATUS PROVISIONS
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Section 1 Savings Clause
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If any section, sentence, clause, phrase, or word of this ordinance
shall be for any reason held or declared to be unconstitutional, invalid Or
• inoperative, such holding shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the legislative intent to pass
this ordinance without such unconstitutional, invalid or inoperative part and
the remainder of this ordinance after the exclusion of such part or parts,
shall be deemed and held to be valid as if such parts had not been included •
herein; or if this ordinance or any provision thereof shall be held inapplicable
to any person, group of persons, property, circumstances, such holdings
shall not affect the applicability thereof to any other persons, property or
circumstances.
Section 2 Interpretation
• In interpreting and applying the provisions of this 'ordinance; the pro-
visions shall be held to be the minimum requirements for the promotion of
the public health, safety, morals and general welfare of the County. '
Section 3 Conflict with Other Legal Documents
It is not the intent of this ordinance to interfere with or abrogate or.
.annul any easements, ' covenants or other agreements between parties; pro-
vided, however, that where this ordinance imposes a greater restriction upon
the use of buildings or premises or upon the height of buildings, or requires
larger open spaces than are imposed or required by other ordinances, reso-
• lutions, rules, regulations, laws or by easements, covenants or agreements,
the provisions of this ordinance shall control.
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STATE OF FLORIDA
—IS
,cL THE CAPITOL
TALLAHASSEE 32304
(904) 488-39I8
(1.2DXC.U) STONE
SECRETARY OF STATE
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April 6, 1973
•
Honorable Earl R. Adams, Clerk
Board of County Commissioners
Monroe County
Key West, Florida 33046
Dear Mr. Adams:
Pursuant to the provisions of Section 125. 66, Florida Statutes,
this w acknowledge your letter of April 4 and certified copies of
Monroe County Ordinances Nos. 73-1 and 73-2, which were filed
in this office on April 6, 1973.
Kindest regards.
Cordia:ly,
Secretary of
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• (Mrs.. ) Nancy
Burea,:, of Laws
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