Ordinance 020-1975
ORDINANCE NO. 20 -1975
AN ORDINANCE .AMENDING ORDINANCE NO. 1 -1973 ENTITLED
"AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
ADOPTING COMPREHENSIVE ZONING RULES AND REGULATIONS;
SETTING FORTH THE AUTHORITY, INTENT, PURPOSE, METHODS,
SHORT TITLE, DEFINITIONS, APPLICATION 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; PRO-
VIDING FOR LEGAL STATUS OF SAID RULES AND REGULATIONS;
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF
SAID ORDINANCE AND PROVIDING AN EFFECTIVE DATE." AS
AMENDED BY ORDINANCE NO. 6 -1973 AND ORDINANCE NO. 5 -1974;
BY AMENDING ARTICLE I SETTING FORTH THE AUTHORITY; INTENT,
PURPOSE, METHODS, METHODS AND SHORT TITLE; BY REPEALING
PARAGRAPH 2.14 OF SECTION 2 OF ARTICLE II WHICH DEFINES
BOARD OF ZONING APPEALS AND SUBSTITUTING THEREFORE THE
PHRASE "BOARD OF ADJUSTMENT" AND PROVIDING FOR DEFINITION
THEREOF; BY ADDING PARAGRAPH 2.38.1 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR THE TERM "DIMENSIONAL VARIANCE"
AND PROVIDING FOR THE DEFINITION THEREOF; BY AMENDING
PARAGRAPH 2.136 OF SECTION 2 OF ARTICLE II TO REDEFINE
THE DEFINITION OF "ZONING DIRECTORII; BY AMENDING PARAGRAPH
2.40 OF SECTION 2 OF ARTICLE II TO REDEFINE THE TERM
"DIRECTOR"; BY ADDING PARAGRAPH 2 .17 .0 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "BUILDING
OFFICIALII; BY ADDING PARAGRAPH 2.14 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "BOARD OF
ADJUSTMENT"; BY ADDING PARAGRAPH 2. 73.1 OF SECTION! OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "MAJOR
DEVELOPMENT PROJECT"; BY REPEALING PARAGRAPH 2 .140 OF
SECTION 2 OF ARTICLE II DEFINING "BUILDING OFFICIAL" AND
SUBSTITUTING THEREFORE THE TERM "ZONING OFFICIAL" AND
PROVIDING FOR THE DEFINITION THEREOF; BY AMENDING PARAGRAPH
2.116 OF SECTION 2 OF ARTICLE II TO ADD THE PHRASE "AND
OVERHANG" UNDER THE DEFINITION OF IISET-BACK"; BY REPEALING
PARAGRAPH 2.132 OF SECTION 2 OF ARTICLE II; BY TRANSFERRING
THE DEFINITION OF IIDEAD-END CANAL" CONTAINED IN PARAGRAPH
2.141 OF SECTION 2 OF ARTICLE II TO NEW PARAGRAPH 2.38.0
OF SECTION 2 OF ARTICLE II; BY DELETING ALL PROVISIONS
CONTAINED IN SECTION I OF ARTICLE III AND SUBSTITUTING
THEREFORE PARAGRAPHS 1.0 THROUGH 1.10 OF SECTION I SETTING
FORTH ZONING APPLICATION PROCEDURES TO BE FOLLOWED, WHO MAY
FILE ZONING APPLICATIONS, REQUIRED FEE, DATA AND PROPERTY
SKETCHES INCLUDING SKETCHES ADJACENT PROPERTY WITHIN 1000
FEET, AND REQUIRING NAMES AND ADDRESSES
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OF ALL PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT
PROPERTY, REQUIRING PUBLIC HEARING AFTER LEGAL NOTICE
30 DAYS PRIOR TO HEARING; NOTICE BY MAIL TO ADJACENT
PROPERTY OWNERS, PROVIDING FOR HEARING BY ZONING BOARD
FOR ZONING DISTRICT BOUNDARY CHANGE, SPECIAL EXCEPTION
USE AND TEXT CHANGES TO THE ORDINANCE, PROVIDING FOR
PUBLIC HEARING BY BOARD OF ADJUSTMENTS FOR ALL APPLICA-
TIONS FOR DIMENSIONAL VARIANCES, REQUIRING BOTH BOARDS
TO ACT ONLY AFTER ALL NECESSARY INVESTIGATIONS HAVE
BEEN COMPLETED; PROVIDING FOR APPEAL FROM SAID BOARDS
TO THE BOARD OF COUNTY COMMISSIONERS AFTER PUBLIC
NOTICE OF SAME; REQUIRING BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY TO ACT ON PROPOSED ENACTMENTS OF TEXT
CHANGES TO THE ZONING ORDINANCE; REQUIRING ZONING OFFI-
CIAL TO NOTIFY APPLICANTS OF FINAL ACTION; BY AMENDING
SECTION 3 OF ARTICLE III TO DELETE PREVIOUS PROVISIONS
AND SUBSTITUTE THEREFORE, GENERAL REQUIREMENTS FOR ALL
MAJOR DEVELOPMENT PROJECTS PROVIDING THAT SAME SHALL BE
PROCESSED, REVIEWED AND APPROVED IN ACCORDANCE WITH THE
MONROE COUNTY MAJOR DEVELOPMENT PROJECT ORDINANCE; BY
REPEALING THE PROVISIONS OF PRESENT ARTICLE IV AND
SUBSTITUTING THEREFORE PROVISIONS RELATING TO THE
PURPOSE, APPLICABILITY PROCEDURES, STANDARDS FOR APPROVED
LOT BUILDING AND SIGN REQUIREMENTS, TIME LIMITATIONS AND
REVERSION CLAUSE REGULATING THE ISSUANCE OF SPECIAL
EXCEPTION USES AND PROVIDING FOR PROCESSING AND DECISION
BY THE ZONING BOARD AND APPEAL THEREFROM TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS; BY AMENDING SECTIONS
2, 3,4, 5,6 AND 7 OF ARTICLE V RELATING TO AMENDMENTS AND
APPEALS OF THE ZONING BOARD, TO PROVIDE-FOR AUTHORIZED
PERSONS OR ENTITIES TO AMEND ZONING ORDINANCE, PROVIDING
FOR GENERAL PROCEDURE FOR AMENDMENTS, DECISION BY THE
ZONING BOARD, PUBLIC NOTICE OF HEARING ON SAME; AUTOMATIC
DENIAL OF REQUESTED AMENDMENT IF NOT ACTED UPON BY THE
ZONING BOARD WITHIN 6 MONTHS, PROVIDING FOR ENACTMENT -
BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR LIMITATIONS OF APPLICATIONS FOR AMENDMENT
WITHIN 1 YEAR FOR AMENDMENTS PREVIOUSLY DENIED AND FOR
REZONING OF ANY NATURE FOR ZONING PREVIOUSLYDENIED; PRO-
VIDING FOR WAIVER OF LIMITATIONS BY AFFIRMATIVE VOTE OF
FOUR MEMBERS OF ZONING BOARD; PROVIDING FOR APPEAL OF
ZONING DECISIONS BY THE BOARD OF COUNTY COMMISSIONERS WITHIN
30 DAYS OF ZONING DECISION, PROVIDING FOR APPEAL PROCEDURE,
PUBLIC AND WRITTEN NOTICE OF HEARING, PROVIDING FOR STAY
OF CONSTRUCTION DURING APPEAL; PROVIDING FOR APPEALS FROM
DECISIONS OF THE ZONING OFFICIAL TO THE BOARD OF ADJUSTMENT
WITHIN 30DAYS OF SAID DECISION, PROVIDING FOR PUBLIC NOTICE
OF SAID HEARING, PROVIDING FOR A STAY IN CONSTRUCTION
DURING PENDENCY OF APPEAL; PROVIDING FOR APPLICATIONS TO
THE BOARD OF ADJUSTMENT FOR VARIANCES FROM THE ZONING
ORDINANCES, EXCEPTING THEREFROM APPLICATIONS FOR USE
VARIANCES, REQUIRING APPLICATIONS FOR ORDINANCE VARIANCES
AND DIMENSIONAL VARIANCES TO BE SUBMITTED THROUGH THE
ZONING OFFICIAL FOR PROCESSING TOGETHER WITH FEE AND
PLANS AND INFORMATION CONCERNING THE ORDINANCE VARIANCE
REQUESTED, REQUIRING PUBLIC AND WRITTEN NOTICE OF HEARING
ON SAME, SETTING FORTH STANDARDS UPON WHICH REQUESTS FOR
DIMENSIONAL VARIANCES SHALL BE DETERMINED, PROVIDING FOR
APPEAL TO THE BOARD OF COUNTY COMMISSIONERS, PROVIDING
LIMITATION OF 1 YEAR FOR ACTION TO IMPLEMENT ALL GRANTED
MAP AMENDMENTS, SPECIAL EXCEPTION USE OR DIMENSIONAL
VARIANCE, VOIDING ALL AMENDMENTS NOT SO IMPLEMENTED AFTER
PUBLIC HEARING AND NOTICE TO THE GRANTEE AUTHORIZING THE
ZONING BOARD OR BOARD OF ADJUSTMENT TO GRANT REASONABLE
EXTENSIONS OF TIME FOR IMPLEMENTATION; BY AMENDING
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PARAGRAPHS 1.1 THROUGH 1.3 OF SECTION 1 OF ARTICLE VI
TO DELETE THE PREVIOUS PROVISIONS RELATING TO THE
ZONING BOARD AND TO SUBSTITUTE THEREFORE NEW PROVISIONS
FOR A ZONING BOARD CONSISTING OF 5 MEMBERS, PROVIDING
FOR 1 YEAR TERMS AND EXTENSIONS THEREOF, APPOINTMENT BY
THE BOARD OF COUNTY COMMISSIONERS, PROVIDING FOR A SALARY
OF $100 PER MONTH PER BOARD MEMBER AND TRAVEL REIMBURSE-
MENT, PROVIDING FOR ELECTION OF A CHAIRMAN AND VICE CHAIR-
MAN AND SUCH OTHER OFF ICERS AS THE ZONING BOARD SHALL DEEM
NECESSARY, PROVIDING FOR THE ZONING OFFICIAL TO BE THE
SECRETARY TO SAID BOARD, AUTHORIZING THE BOARD OF COUNTY
COMMISSIONERS TO ADOPT RULES OF PROCEDURE FOR TRANSACTION
OF BOARD BUSINESS, REQUIRING RECORD KEEPING BY BOARD AND
MAKING SAME PUBLIC RECORDS REQUIRING MONTHLY BOARD MEETINGS
TO ALTERNATE BETWEEN PLANTATION KEY, MARATHON AND KEY WEST,
FLORIDA; PROVIDING AUTHORITY AND DUTIES OF ZONING BOARD IN
CONSIDERING AND ACTING UPON APPLICATION FOR DISTRICT BOUN-
DARY CHANGES, SPECIAL EXCEPTION USES, PLANNED UNIT DEVELOP-
MENT PROJECTS, AND MAJOR DEVELOPMENT PROJECTS, EMPOWERING
ZONING BOARD TO REQUEST CHANGES IN REGULATIONS OR RESTRIC-
TIONS CONTAINED IN THE ZONING ORDINANCES TO BE MADE BY THE
BOARD OF COUNTY COMMISSIONERS AND TO ACT IN AN ADVISORY
CAPACITY TO THE BOARD OF COUNTY COMMISSIONERS AND TO MAKE
SUCH STUDIES AND INVESTIGATIONS AS MAY BE REQUESTED BY THE
BOARD OF COUNTY COMMISSIONERS; BY REPEALING THE PROVISIONS
OF PARAGRAPHS 2.1 THROUGH 2.3 OF SECTION 2 OF ARTICLE VI TO
DELETE THE PROVISIONS RELATING TO APPLICATIONS FOR BUILDING
PERMITS AND/OR CERTIFICATES OF OCCUPANCY AND TO SUBSTITUTE
THEREFORE NEW PROVISIONS WHICH PROVIDE FOR A FIVE MEMBER
BOARD OF ADJUSTMENT TO BE APPOINTED FOR ONE YEAR TERMS BY
THE BOARD OF COUNTY COMMISSIONERS REMOVABLE BY 3/5 VOTE
OF THE BOARD OF COUNTY COMMISSIONERS, PROVIDING FOR FILLING
VACANCIES IN OFFICE, PROVIDING FOR ELECTION AMONGST THE
BOARD OF ADJUSTMENT A CHAIRMAN AND VICE CHAIRMAN AS SUCH
OTHER OFFICERS WHICH SAID BOARD MAY FIND NECESSARY, PROVI-
DING FOR THE SECRETARY OF SAID BOARD SHALL BE THE ZONING
OFFICIAL, PROVIDING THE PROCEDURES OF THE BOARD TO BE ADOP-
TED BY THE BOARD OF COUNTY COMMISSIONERS REQUIRING THE
BOARD OF ADJUSTMENTS TO MAINTAIN RECORDS AND MINUTES OF
ALL TRANSACTIONS AND REQUIRING THE SAME TO BE PUBLIC
RECORDS, AUTHORIZING MEETINGS OF SAID BOARD TO BE HELD
AT THE CALL OF THE CHAIRMAN, SECRETARY, OR BOARD, EMPOW-
ERING THE CHAIRMAN OR ACTING CHAIRMAN, REQUIRING ALL
MEETINGS TO BE OPEN TO THE PUBLIC, REQUIRING EACH BOARD
MEMBER'S VOTE TO BE RECORDED AND THE MINUTES AND RECORDS
FILED WITH THE BOARD OF COUNTY COMMISSIONERS, PROVIDING
FOR THE DUTIES OF THE BOARD OF ADJUSTMENT AND AUTHORITY
TO HEAR AND DECIDE APPEALS OF ADMINISTRATIVE OFFICIALS
CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF THIS
ORDINANCE OR RULE OR REGULATION THEREUNDER EXCEPT IN
DECISIONS MADE BY THE BOARD OF COUNTY COMMISSIONERS
SPECIFICALLY DIRECTING SUCH ADMINISTRATIVE OFFICIAL
CONCERNING THE SAME, CONFERRING AUTHORITY OF BOA~ OF
ADJUSTMENT TO AUTHORIZE VARIANCES FROM THE TERMS OF THE
REGULATIONS OR RESTRICTIONS IN HARDSHIP OR PUBLIC INTEREST
CASES PROVIDING THE SAME DO NOT CONSTITUTE USE VARIANCES;
BY REPEALING THE PROVISIONS OF SECTION 3 OF ARTICLE VI
RELATING TO "VIOLATIONS" AND SUBSTITUTING THEREFORE
PROVISIONS RELATING TO THE ZONING OFFICIAL PROVIDING
SAID OFFICE TO BE THE DIRECTOR OF THE PLANNING AND
ZONING DEPARTMENT OF MONROE COUNTY, FLORIDA OR HIS
AUTHORIZED REPRESENTATIVE, PRESCRIBING THE DUTIES OF
SAID OFFICIAL TO INCLUDE SERVING AS SECRETARY TO THE
ZONING BOARD AND TO THE BOARD OF ADJUSTMENT, REVIEWING
ALL REQUESTS FOR ZONING AND USE CLEARANCE PRIOR TO THE
ISSUANCE OF BUILDING PERMITS OR CERTIFICATES OF OCCUPAN-
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CIES FOR ANY INDIVIDUAL USE, REQUIRING SAID OFFICIAL TO
REFER ALL SUCH MATTERS TO THE ZONING BOARD FOR ACTION
WHERE THERE IS REASONABLE DOUBT AS TO THE LIKELIHOOD OF
THE PROPOSED USE CONFORMING TO THE APPLICABLE PERFORMANCE
STANDARDS OF THIS ORDINANCE OR THE PERFORMANCE STANDARDS
ESTABLISHED PURSUANT TO CHAPTER 403 OF THE FLORIDA STATUTES,
MAKING SAID OFFICIAL RESPONSIBLE FOR THE GENERAL ADMINISTRA-
TION AND ENFORCEMENT OF THIS ORDINANCE. BY CREATING
PARAGRAPH 4.1 THROUGH 4.3 OF SECTION 4 OF ARTICLE VI TO
RELATING TO APPLICATIONS FOR BUILDING PERMITS AND CERTIFI-
CATES OF OCCUPANCY FOR INDIVIDUAL USE TO REQUIRE SAME TO
BE FORWARDED TO THE ZONING OFFICIAL FOR ZONING AND USE
CLEARANCE PRIOR TO ISSUANCE, REQUIRING ALL SUCH APPLICA-
TIONS TO INCLUDE PLAN OF PROPOSED CONSTRUCTION OR
DEVELOPMENT, DESCRIPTION OF ANY PROPOSED MACHINERY
OPERATIONS PRODUCTS AND SPECIFICATIONS FOR THE MECHANISMS
AND TECHNIQUES USED IN RESTRICTING THE EMISSION OF
DANGEROUS OR OBJECTIONABLE ELEMENTS, REQUIRING WRITTEN
ACKNOWLEDGMENT BY APPLICANT OF THE PROVISION FOR PERFOR-
MANCE CONTAINED SET FORTH IN CHAPTER 403 OF THE FLORIDA
STATUTES AND RULES AND REGULATIONS PROMULGATED THERETO
AND AGREEMENT TO ABIDE BY SAME, REQUIRING CERTIFICATION
FROM APPROPRIATE REGULATORY AGENCIES THAT ADEQUATE WATER,
SANITARY SEWAGE DISPOSAL, STORM DRAINAGE AND HIGHWAY
FACILITIES ARE IN EXISTENCE TO SERVE THE NEEDS AND
REQUIREMENTS OF BOTH THE EXISTING POPULATION AND THE
PROPOSED DEVELOPMENT; REQUIRING ZONING OFFICIAL TO REVIEW
ALL REQUESTS FOR THE ISSUANCE OF ZONING AND USE CLEARANCE
PRIOR TO THE ISSUANCE OF SAID PERMIT OR CERTIFICATE;
REQUIRING ZONING BOARD TO DETERMINE WHETHER OR NOT THE
ZONING AND/OR USE CLEARANCE SHALL BE ISSUED; AUTHORIZING
THE ZONING BOARD TO REQUEST ADVICE AND RECOMMENDATIONS
FROM OUTSIDE SPECIALISTS OR CONSULTANTS IN DETERMINING
THE PROPRIETY OF ZONING OR USE CLEARANCE BEING GRANTED
AND PROVIDING FOR SUCH CONSULTANT COSTS TO BE PAID FOR
BY THE APPLICANT, REQUIRING THE ZONING OFFICIAL TO
INVESTIGATE ZONING VIOLATIONS OR ZONING ORDINANCE
VIOLATIONS AND TO TAKE SUCH ACTION AS IS NECESSARY TO
ENFORCE THE ZONING ORDINANCES; BY CREATING PARAGRAPH 5.1
OF SECTION 5 OF ARTICLE VI RELATING TO VIOLATIONS OF THE
ZONING ORDINANCE, REQUIRING THE ZONING OFFICIAL TO INVES-
TIGATE SAME AND REQUIRING THE ZONING OFFICIAL TO NOTIFY
OFFENDING PARTIES OF SAID VIOLATION AND TO ALLOW THEM A
REASONABLE LENGTH OF TIME TO COME WITHIN REASONABLE CON-
FORMITY; REQUIRING THE ZONING OFFICIAL TO REQUEST LEGAL
COUNSEL TO PETITION THE COURTS FOR INJUNCTION TO REQUIRE
SATISFACTORY CONFORMITY OR IN THE ALTERNATIVE THAT THE
OFFENDER BE PROSECUTED IN THE COUNTY COURT FOR VIOLATION
OF ORDINANCE AND IN LIEU TO PROSECUTION FOR SUCH VIOLATION
AUTHORIZING AND EMPOWERING ANY LEGALLY CONSTITUTED LAW
ENFORCEMENT AGENT OF MONROE COUNTY OR OF THE STATE OF
FLORIDA TO AKE ANY AND ALL NECESSARY ACTION TO ASSURE
ENFORCEMENT OF AND CONFORMITY WITH THIS ZONING ORDINANCE;
PROVIDING FOR VIOLATIONS OF ZONING ORDINANCE SHALL BE
PROSECUTED IN THE NAME OF THE STATE IN THE COUNTY COURT
BY THE PROSECUTING ATTORNEY THEREOF AND, UPON CONVICTION
THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED $500
OR BY IMPRISONMENT IN THE COUNTY JAIL NOT TO EXCEED 60
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT, MAKING EACH
DAY OF VIOLATION CONSTITUTING A SEPARATE AND DISTINCT
VIOLATION; BY REPEALING THE PROVISIONS OF SECTION 1 OF
ARTICLE VII RELATING TO ACCESS CONTROL AND SUBSTITUTING
THEREFORE PROVISIONS RELATING TO "SET-BACK AND ACCESS
CONTROL ON U.S. 1; BY REPEALING THE PROVISIONS CONTAINED IN PARAGRAPHS 1.1 THROUGH 1.9 OF SECTION 1 OF ARTICLE VII
AND SUBSTITUTING THEREFORE PARAGRAPHS 1.1 THROUGH 1.11
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TO PROVIDE MINIMUM SET-BACKS OF 25 FEET FROM THE RIGHT-
OF-WAY OF U.S. 1 TO PROHIBIT ACCESS POINTS WITHIN 250
FEET OF A BRIDGE, WITHOUT VARIANCE FROM THE BOARD OF
ADJUSTMENTS TO LIMIT ACCESS ROADS TO 24 FEET IN WIDTH,
TO LIMIT NUMBER OF ACCESS POINTS ALLOWABLE IN ACCORDANCE
WITH LOT WIDTH ABUTTING THE ROAD, TO PROHIBIT POINT OF
ACCESS WITHIN 25 FEET OF INTERSECTION OF THE RIGHT-OF-
WAY LINES OF ANY PUBLIC ROAD; TO REQUIRE PERMIT FROM
ZONING OFFICIAL TO ALTER CURBS OR TO ESTABLISH ACCESS
POINT, TO AUTHORIZE PLANNING AND ZONING DEPARTMENT TO
REQUIRE CONSTRUCTION OF PULLOVER LANES FOR ACCESS TO
COMMERCIAL USES GENERATING TRAFFIC PROBLEMS ON U.S.
HIGHWAY 1 AT THE COST TO APPLICANT, AND TO REQUIRE
CONSTRUCTION OF A MARGINAL ACCESS ROAD TO PROVIDE
LIMITED ACCESS TO U.S. HIGHWAY 1; TO REQUIRE ALL ACCESS
POINTS AND SET-BACKS TO BE BUILT ACCORDING TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION SPECIFICATION; BY REPEALING
THE PROVISIONS CONTAINED IN SECTION 10 OF ARTICLE VII
RELATING TO "CAMPING" AND SUBSTITUTING THEREFORE PROVI-
SIONS MAKING CAMPING EITHER BY MOTOR COACH, BOAT TRAILER,
COLLAPSIBLE CAMPING TRAILERS, TENTS OR BED ROLLS OUTSIDE
OF DESIGNATED AREAS A VIOLATION OF THE ZONING ORDINANCE
PUNISHABLE AS SET FORTH IN THIS ORDINANCE; BY REPEALING
SECTION 19 OF ARTICLE VII TO DELETE THE PROVISIONS
RELATIVE TO LAND AND WATER FILLS, DREDGING, EXCAVATION,
MINING AND QUARRYING AND SUBSTITUTING THEREFORE PROVI-
SIONS REQUIRING SUCH ACTIVITIES TO BE CARRIED OUT ONLY
AFTER PERMIT ISSUED BY THE COUNTY COMMISSION, AND SETTING
FORTH APPLICATION REQUIREMENTS FOR SUCH PERMITS AND
LIMITATIONS AS TO ISSUANCE THEREUNDER; BY REPEALING THE
PROVISIONS OF SECTION 33 OF ARTICLE VII RELATING TO "OVER-
HANGS AND/OR PROTRUSIONS" AND SUBSTITUTING THEREFORE
PROVISIONS PROHIBITING PROTRUSION OF SAME INTO ANY REQUIRED
SET-BACK; BY ADDING SECTION 55 TO ARTICLE VII RELATING TO
"NON-CONFORMING ZONING CLASSIFICATIONS" TO REQUIRE 6 MONTHS
NOTICE TO OFFENDING PROPERTY OWNERS PRIOR TO CONFORMITY
UNDER ORDINANCE; BY ADDING SECTION 56 TO ARTICLE VII RELATING
TO "DRAINAGE" TO REQUIRE ADEQUATE CONSTRUCTION DRAINAGE AND
TO REQUIRE THAT PERMANENT DRAINAGE SYSTEMS MAKE MAXIMUM USE
OF NATURAL DRAINAGE PATTERNS; BY ADDING PARAGRAPHS 1.0
THROUGH 1.6 TO SECTION 57 TO ARTICLE VII RELATING TO "AVIA-
TION HAZARDS" TO PROHIBIT LAND USE WHICH INTERFERES WITH
AIRCRAFT; REQUIRING INSTALLATION OF SPECIAL LIGHTING UNDER
CERTAIN CIRCUMSTANCES; BY REPEALING THE PROVISIONS OF PARA-
GRAPHS 3.1 THROUGH 3.5 OF SECTION 3 OF ARTICLE VIII RELATING
TO "ZONING MAPS" AND SUBSTITUTE THEREFORE PROVISIONS REQUIRING
ZONING DISTRICT BOUNDARY MAPS ACCORDING TO SPECIFICATIONS AND
PRESCRIBING ADOPTION PROCEDURES; BY REPEALING THE LAST SEN-
TENCE OF SECTION 1 OF ARTICLE IX RELATING TO THE "GENERAL
AVIATION DISTRICT"; BY REPEALING PARAGRAPHS 3.1 AND 3.2 OF
SECTION 3 OF ARTICLE IX RELATING TO "GENERAL USE DISTRICT";
BY REPEALING SECTION 4 OF ARTICLE IX RELATING TO THE "INTERIM
DISTRICT" OF A GENERAL USE DISTRICT; BY REPEALING SECTION 5
OF ARTICLE IX RELATING TO "GENERAL AIRPORT DISTRICT"; BY
AMENDING PARAGRAPH 3.1.1 OF SECTION 3 OF ARTICLE X TO DELETE
THE WORD "CONVENTIONAL"; BY REPEALING THE PROVISIONS OF
PARAGRAPH 3.1.2 OF SECTION 3 OF ARTICLE X RELATING TO "NON-
PROFIT PARKS AND PLAYGROUNDS" AND SUBSTITUTING THEREFORE
PROVISIONS AUTHORIZING NON-PROFIT PARKS AND PLAYGROUNDS
OWNED AND OPERATED BY RESIDENTS OF THE SUBDIVISION AS A
PERMISSABLE PRINCIPAL USE PERMITTED IN A SINGLE FAMILY
RESIDENTIAL DISTRICT; BY AMENDING THE PROVISIONS OF
PARAGRAPH 3.3.5 OF SECTION 3 OF ARTICLE X TO AUTHORIZE AS
A PERMITTED USE IN A SINGLE FAMILY RESIDENTIAL DISTRICT
AFTER SPECIAL APPROVAL A NON-PROFIT EDUCATIONAL, RECREATIONAL
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AND SOCIAL CENTERS IF OWNED AND OPERATED BY THE RESIDENTS
OF THE SUBDIVISION; BY REPEALING THE PROVISIONS OF PARA-
GRAPH 3.3.6 OF SECTION 3 OF ARTICLE X TO DELETE REFERENCE
TO MODULAR SINGLE FAMILY RESIDENTIAL UNITS; BY AMENDING
PARAGRAPH 3.5.10 OF SECTION 3 OF ARTICLE X RELATING TO
MAXIMUM PERCENT OF LOT COVERAGE TO REQUIRE INCLUSION OF
EAVES AND OVERHANGS IN SAID CALCULATIONS; BY AMENDING
PARAGRAPH 3.5.11 OF SECTION 3 OF ARTICLE X TO HAVE SET-
BACK REQUIREMENT APPLY ONLY TO MAN-MADE WATERWAYS; BY
ADDING PARAGRAPH 3.5.12 TO SECTION 3 OF ARTICLE X TO
ESTABLISH MINIMUM SET-BACK FROM HIGH WATER MARK OF ANY
NATURAL WATERWAY TO BE 50 FEET; BY AMENDING PARAGRAPH
3.7 OF SECTION 3 OF ARTICLE X TO PROVIDE THAT SIDE
PROPERTY LINES ON CORNER LOTS MAY BE TREATED AS REAR
SET-BACK LINES; BY REPEALING THE PROVISIONS OF PARAGRAPH
4.1 OF SECTION 4 OF ARTICLE X RELATING TO PRINCIPAL USES
PERMITTED AND SUBSTITUTING THEREFORE THE PHRASE: PERMA-
NENT CONVENTIONAL SINGLE FAMILY DWELLINGS; BY AMENDING
PARAGRAPH 5.5.1 OF SECTION 5 OF ARTICLE X TO REQUIRE THE
MINIMUM LIVING AREA FOR A TWO FAMILY DWELLING BE 750 FEET
PER UNIT RATHER THAN 500 SQ. FEET; BY AMENDING PARAGRAPH
5.5.2 OF SECTION 5 OF ARTICLE X TO INCREASE THE MINIMUM
LOT AREA FOR TWO FAMILY DWELLINGS FROM 10,000 TO 12,000
SQ. FEET; BY AMENDING PARAGRAPH 5.5.4 OF SECTION 5 OF
ARTICLE X TO INCREASE THE MINIMUM LOT DEPTH FOR A TWO
FAMILY DISTRICT FROM 100 FEET TO 120 FEET; BY AMENDING
PARAGRAPH 5.5.12 OF SECTION 5 OF ARTICLE X TO MAKE
PARAGRAPH APPLY ONLY TO MAN-MADE WATERWAYS: BY ADDING
PARAGRAPH 5.5.13 TO SECTION 5 OF ARTICLE X TO REQUIRE
MINIMUM SET-BACKS FROM THE HIGH WATER MARK OF ANY
NATURAL WATERWAY OF 50 FEET;BY AMENDING PARAGRAPH 6.5.1.2
OF SECTION 6 OF ARTICLE X TO INCREASE THE MINIMUM PROJECT
AREA REQUIRED FOR DUPLEX UNITS FROM 500 SQ. FEET TO 750
SQ. FEET; BY AMENDING PARAGRAPH 6.5.1.3 OF SECTION 6 OF
ARTICLE X TO INCREASE THE MINIMUM PROJECT AREA REQUIRED
FOR MULTIPLE FAMILY UNITS FROM 400 SQ. FEET TO 750 SQ.
FEET; BY AMENDING PARAGRAPH 6.5.1.4 OF SECTION 6 OF
ARTICLE X TO INCREASE THE MINIMUM PROJECT AREA REQUIRED
FOR EFFICIENCY UNITS FROM 200 SQ. FEET TO 500 SQ. FEET;
BY AMENDING PARAGRAPH 6.5.2 OF SECTION 6 OF ARTICLE X
TO DELETE REFERENCE TO MINIMUM LOT AREA AND SUBSTITUTE
THEREFORE THE TERM "MINIMUM PROJECT AREA"; BY AMENDING
PARAGRAPH 6.5.2.1 OF SECTION 6 OF ARTICLE X TO DELETE
REFERENCE TO ONE AND TWO FAMILY UNITS AND TO SUBSTITUTE
THEREFORE THE TERM "FOUR ACRES"; BY AMENDING PARAGRAPH
6.5.5.1 OF SECTION 6 OF ARTICLE X TO INCREASE THE
REQUIRED FRONT YARD SIZE FROM 35 FEET TO 100 FEET FOR
LOTS ABUTTING A STATE ROAD OR HIGHWAY; BY AMENDING
PARAGRAPH 6.5.1.3 OF SECTION 6 OF ARTICLE X TO MAKE
MINIMUM SET-BACK REQUIREMENT OF 20 FEET APPLY ONLY TO
MAN-MADE WATERWAYS; BY ADDING PARAGRAPH 6.5.14 TO SECTION
6 OF ARTICLE X TO REQUIRE THE MINIMUM SET-BACK FROM THE
MEAN HIGH WATER MARK OF ANY NATURAL WATERWAY TO BE 50
FEET; BY ADDING PARAGRAPH 7.17.4.5a TO SECTION 7 OF
ARTICLE X TO REQUIRE A MINIMUM SET-BACK FROM THE MEAN
HIGH WATER MARK OF ANY NATURAL WATERWAY OF 50 FEET IN
TOWNHOUSE RESIDENTIAL DISTRICTS; BY AMENDING PARAGRAPH
8.5.11 OF SECTION 8 OF ARTICLE X TO MAKE SET-BACK PRO-
VISION OF 20 FEET THEREIN APPLY ONLY TO MAN-MADE WATER-
WAYS IN A MOBILE HOME RESIDENTIAL DISTRICT; BY ADDING
PARAGRAPH 8.5.11a TO SECTION 8 OF ARTICLE X TO REQUIRE
SET-BACK OF 50 FEET FROM MEAN HIGH WATER MARK OF ANY
NATURAL WATERWAY IN A MOBILE HOME RESIDENTIAL DISTRICT;
BY AMENDING PARAGRAPH 9.5.2.4 OF SECTION 9 OF ARTICLE X
TO MAKE MINIMUM SET-BACK REQUIREMENT OF 20 FEET APPLY
ONLY TO MAN-MADE WATERWAYS LOCATED IN MOBILE HOME PARK
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RESIDENTIAL DISTRICTS; BY ADDING PARAGRAPH 9.5.2.4a TO
REQUIRE A 50 FOOT SET-BACK REQUIREMENT FROM THE MEAN HIGH
WATER MARK OF ANY NATURAL WATERWAY LOCATED IN A MOBILE
HOME PARK RESIDENTIAL DISTRICT; BY AMENDING PARAGRAPH
11.B.ll OF SECTION 11 OF ARTICLE X TO MAKE MINIMUM SET-
BACK REQUIREMENT OF 20 FEET APPLY ONLY TO MAN-MADE WATER-
WAYS LOCATED IN A RESIDENTIAL TOURIST DISTRICT; BY ADDING
PARAGRAPH 11.B.12 TO SECTION 11 OF ARTICLE X TO REQUIRE A
MINIMUM SET-BACK OF 50 FEET FROM MEAN HIGH WATER MARK OF
ANY NATURAL WATERWAY LOCATED IN A RESIDENTIAL TOURIST
DISTRICT; BY REPEALING PARAGRAPH 3.4.3 OF SECTION 3 OF
ARTICLE XI WHICH PROHIBITS ALCOHOLIC BEVERAGE WHOLESALING,
RETAILING AND SERVING ESTABLISHMENTS IN A LIGHT BUSINESS
DISTRICT; BY AMENDING PARAGRAPH 3.5.2.B OF SECTION 3 OF
ARTICLE XI TO REDUCE THE MAXIMUM PERCENT OF LOT COVERAGE
ALLOWABLE IN A LIGHT BUSINESS DISTRICT FROM BO% TO 50%;
BY AMENDING PARAGRAPH 3.5.2.9 OF SECTION 3 OF ARTICLE XI
TO MAKE 20 FOOT SET-BACK REQUIREMENT APPLY ONLY TO MAN-
MADE WATERWAYS LOCATED IN LIGHT BUSINESS DISTRICTS; BY
ADDING PARAGRAPH 3.5.2.9a TO SECTION 3 OF ARTICLE XI TO
REQUIRE 50 FEET SET-BACK FROM MEAN HIGH WATER MARK OF ANY
NATURAL WATERWAY LOCATED IN A LIGHT BUSINESS DISTRICT; BY
AMENDING PARAGRAPH 3.5.5.10 OF SECTION 3 OF ARTICLE XI TO
MAKE 20 FOOT SET-BACK REQUIREMENT APPLY ONLY TO MAN-MADE
WATERWAYS LOCATED IN A MEDIUM BUSINESS DISTRICT; BY ADDING
PARAGRAPH 3.5.5.11 TO SECTION 3 OF ARTICLE XI TO REQUIRE
50 FEET SET-BACK REQUIREMENTS FROM HIGH WATER MARK OF ANY
NATURAL WATERWAY LOCATED IN A MEDIUM BUSINESS DISTRICT;
BY REPEALING PARAGRAPH 4.4.4 OF SECTION 4 OF ARTICLE XI
TO DELETE FROM THE USES PROHIBITED A MEDIUM BUSINESS
DISTRICT THE WHOLESALING, RETAILING AND SERVING OF
ALCOHOLIC BEVERAGES; BY AMENDING PARAGRAPH 4.5.1.2 OF
SECTION 4 OF ARTICLE XI TO DECREASE THE MINIMUM LOT DEPTH
REQUIRED IN MEDIUM BUSINESS DISTRICT FROM 150 FEET TO
100 FEET; BY AMENDING PARAGRAPH 4.5.1.9 OF SECTION 4 OF
ARTICLE XI TO DECREASE THE REQUIREMENT OF MAXIMUM PERCENT
OF LOT COVERAGE PERMITTED IN A MEDIUM BUSINESS DISTRICT
FROM BO% TO 50%; BY AMENDING PARAGRAPH 4.5.1.10 OF SECTION
4 OF ARTICLE XI TO DECREASE THE MINIMUM SET-BACK REQUIRED
FROM ANY WATERWAY LOCATED IN A MEDIUM BUSINESS DISTRICT FROM
25 FEET TO 20 AND TO MAKE SAID SET-BACK APPLY ONLY TO MAN-
MADE WATERWAYS; BY ADDING PARAGRAPH 4.5.1.11 TO SECTION 4
OF ARTICLE XI TO REQUIRE SET-BACK OF 50 FEET FROM THE HIGH
WATER MARK OF ANY NATURAL WATERWAY LOCATED IN A MEDIUM
BUSINESS DISTRICT; BY AMENDING PARAGRAPH 5.2 OF SECTION 5
OF ARTICLE XI TO PROVIDE THAT BEER ONLY, BEER AND WINE,
BEER, WINE AND LIQUOR MAY BE SOLD IN A LIGHT BUSINESS DISTRICT,
A MULTIPLE FAMILY RESIDENTIAL DISTRICT, AND IN A TOWNHOUSE
RESIDENTIAL DISTRICT UNDER CERTAIN CONDITIONS AND UPON
APPROVAL OF THE ZONING BOARD; BY REPEALING PARAGRAPHS 1.2
THROUGH 1.4.7 OF SECTION 1 OF ARTICLE XII AND SUBSTITUTING
THEREFORE PARAGRAPHS 2.1 THROUGH 2.9 OF SECTION 2 OF
ARTICLE XII RELATING TO PROCEDURE APPLICABLE TO PLANNED
UNIT DEVELOPMENT, REQUIRING AN ADVISORY MEETING WITH THE
ZONING OFFICIAL BY APPLICANT AND SUBMISSION OF A PRELIMINARY
PLANNED UNIT DEVELOPMENT PLAT; REQUIRING REVIEW OF APPLICA-
TION AND PLAT BY ZONING BOARD, REQUIRING AMENDMENT TO ZONING
DISTRICT MAP IN CASES OF APPROVAL AND REQUIRING ZONING BOARD
TO GIVE WRITTEN AUTHORIZATION TO APPLICANT TO PREPARE FINAL
DEVELOPMENT PLAT IN CASES OF APPROVAL, REQUIRING FINAL
PROJECT PLAT TO BE SUBMITTED TO ZONING BOARD FOR REVIEW AND
APPROVAL; REQUIRING APPROVED FINAL PLATS TO BE RECORDED IN
THE PUBLIC RECORDS OF MONROE COUNTY, REQUIRING DEVELOPMENT
ONLY IN ACCORDANCE WITH APPROVED AND RECORDED FINAL DEVELOP-
MENT PLAT, REQUIRING ALL MAJOR CHANGES TO AN APPROVED FINAL
DEVELOPMENT PLAT TO BE APPROVED IN LIKE MANNER AS THE ORIGI-
-8-
NAL APPROVAL; BY ADDING SECTION 3 TO ARTICLE XII TO PROVIDE
FOR LEGAL EFFECT OF A PLANNED DEVELOPMENT DISTRICT IN DETER-
MINING THE ISSUANCE OF ZONING AND USE CLEARANCES AND BUILDING
PERMITS AND CERTIFICATES OF OCCUPANCY, MAKING DEVIATION FROM
THE APPROVED FINAL PLAT A VIOLATION OF THIS ZONING ORDINANCE;
BY ADDING SECTION 4 TO ARTICLE XII TO SET FORTH PERMISSABLE
USES IN A PLANNED DEVELOPMENT PROJECT SHALL BE SET FORTH IN
THE APPROVED FINAL PLAT; BY ADDING PARAGRAPHS 5.1 THROUGH
5.8, SECTION 5 ARTICLE XII TO SET FORTH DEVELOPMENT REQUIRE-
MENTS FOR A PLANNED DEVELOPMENT DISTRICT, REQUIRING A MINIMUM
AREA OF FIVE ACRES; CONSTRUCTION WITHIN ONE YEAR OF APPROVAL
OF FINAL PLAT, PROVIDING FOR REVISION TO PREVIOUS ZONING IF
NOT SO CONSTRUCTED, AUTHORIZING TIME EXTENSIONS BY THE ZONING
BOARD, AUTHORIZING THE REQUIREMENT FOR A DETAILED STATEMENT
OF PROPOSAL, COVENANTS, AGREEMENTS OR OTHER DOCUMENTS, SHOWING
OWNERSHIP AND METHOD OF ASSURING PERPETUAL MAINTENANCE;
FINANCIAL STATEMENT OF APPLICANT, BOND TO INSURE INSTALLATION
OF IMPROVEMENTS, MAKING ALL PROPOSED SUBDIVISIONS WITHIN A
PLANNED DEVELOPMENT DISTRICT SUBJECT TO THE PROVISIONS OF
ARTICLE XII, REQUIRING ALL FUTURE SUBDIVISIONS WITHIN SUCH
A DISTRICT TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS
CONTAINED IN THE FINAL DEVELOPMENT PLAT; REQUIRING ALL CON-
STRUCTION WITHIN A PLANNED DEVELOPMENT DISTRICT TO BE COM-
PLETED WITHIN 2 YEARS OF THE APPROVAL OF THE FINAL PLAT, OR
SUCH EARLIER DATE AS MAY BE REQUIRED BY THE ZONING BOARD,
AUTHORIZING THE GRANTING OF REASONABLE TIME EXTENSIONS; BY
ADDING PARAGRAPHS 6.1 THROUGH 6.8.9, SECTION 6, ARTICLE XII
TO SET FORTH GENERAL STANDARDS TO BE FOLLOWED BY THE ZONING
BOARD IN THE APPROVAL OF PLANNED DEVELOPMENT DISTRICTS;
BY ADDING PARAGRAPH 7.1 THROUGH 7.9, SECTION 7, ARTICLE XII
TO AUTHORIZE THE ZONING BOARD TO REQUIRE SPECIAL CONDITIONS
AND SETTING FORTH THE NATURE THESE SPECIAL CONDITIONS MAY
CALL FOR; BY ADDING PARAGRAPHS 8.1 THROUGH 8.13, SECTION 8,
ARTICLE XII TO REQUIRE APPLICANTS SEEKING TO REZONE LANDS
TO A PLANNED UNIT DEVELOPMENT TO ATTACH AS A PART OF THE
REZONING PETITION DETAILS AS TO THE PROPOSED DEVELOPMENT
PLAN; BY ADDING PARAGRAPHS 9.1 THROUGH 9.8, SECTION 9,
ARTICLE XII TO SET FORTH THE STANDARDS TO BE APPLIED BY
THE ZONING BOARD IN DETERMINING WHETHER AN APPLICATION TO
REZONE A PLANNED UNIT DEVELOPMENT SHOULD BE GRANTED; BY
AMENDING PARAGRAPH 4.13 OF SECTION 4 OF ARTICLE XIII TO
PROVIDE THAT SIGNS ON A BUSINESS OWNED VEHICLE BEING EXEMPT
FROM PERMIT REQUIREMENTS SHALL NOT BE USED AS A PERMANENT
SIGN IN AN EFFORT TO CIRCUMVENT THE PROVISIONS OF THIS
ORDINANCE; BY REPEALING THE PROVISIONS CONTAINED IN PARA-
GRAPH 9.2 OF SECTION 9 OF ARTICLE XIII AND SUBSTITUTING
THEREFORE THE REQUIREMENT THAT THE TOTAL SQUARE FOOTAGE OF
CLASS A SIGNS NOT EXCEED ONE PERCENT OF THE TOTAL LOT OR
PARCEL WHEREON THE SAME IS LOCATED; BY AMENDING PARAGRAPH
10.6 OF SECTION 10 OF ARTICLE XIII TO DELETE SET-BACK
REQUIREMENT FOR EXEMPT SIGNS OF 4 SQUARE FEET OR LESS AND
TO REQUIRE ALL OTHER SIGNS TO BE SET-BACK NO LESS THAN 15
FEET FROM A RIGHT-OF-WAY; BY AMENDING PARAGRAPH 11.1 OF
SECTION 11 OF ARTICLE XIII TO REDUCE THE PERMISSABLE SIZE
OF CLASS A SIGNS FROM 320 SQUARE FEET TO 200 SQUARE FEET;
BY ADDING PARAGRAPH 12.4 TO SECTION 12 OF ARTICLE XIII TO
REQUIRE ALL SIGNS TO BE BUILT ON CONVENTIONAL FOUNDATIONS
OF WOOD, CONCRETE OR STEEL SECURELY ANCHORED INTO THE GROUND
EXCEPT SIGNS UPON BU&NESS VEHICLES, DECLARING ALL OTHER
SIGNS TO BE NON-CONFORMING; BY TRANSFERRING SECTION 1
THROUGH 3 OF ARTICLE XIV TO BECOME SECTION 1 THROUGH 3
RESPECTIVELY OF ARTICLE XV; BY ADDING PARAGRAPHS 1.1
THROUGH 1.3, SECTION 1, ARTICLE XIV RELATING TO ESTABLISH-
MENT OF AIRPORT DISTRICT, PROVIDING PURPOSE AND SCOPE; BY
ADDING PARAGRAPHS 2.1 THROUGH 2.13, SECTION 2, ARTICLE XIV
PROVIDING DEFINITIONS OF TERMS; BY ADDING PARAGRAPHS 3.1
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THROUGH 3.3.7, SECTION 3, ARTICLE XIV TO CREATE AND
ESTABLISH AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS
IN MONROE COUNTY TO APPLY AT KEY WEST INTERNATIONAL,
MARATHON FLIGHT STRIP AND PORT LARGO AIRPORT; BY ADDING
PARAGRAPHS 4.1 THROUGH 4.2.1, SECTION 4, ARTICLE XIV TO
PROVIDE AIRPORT ZONES AND LAND USE RESTRICTIONS; BY ADDING
SECTION 5, ARTICLE XIV TO PROVIDE FOR ISSUANCE OF AIRPORT
ZONE VARIANCES BY BOARD OF ADJUSTMENT UPON APPLICATION;
BY ADDING SECTION 6, ARTICLE XIV RELATING TO NON-CONFORMING
USES IN AIRPORT ZONE, PROHIBITING PROPERTY OWNERS FROM
ALLOWING THE GROWTH OF TREES IN EXCESS OF HEIGHT LIMITATIONS;
BY ADDING SECTION 7, ARTICLE XIV TO PROVIDE FOR ADMINISTRA-
TION AND ENFORCEMENT OF AIRPORT ZONE REQUIREMENTS BY THE
ZONING OFFICIAL, REQUIRING NOTICE TO OFFENDER PRIOR TO
ENFORCEMENT, PROVIDING ZONING OFFICIAL WITH AUTHORITY TO
REQUIRE CONFORMITY WITH AIRPORT DISTRICT REGULATIONS; BY
ADDING SECTION 8, ARTICLE XIV TO PROVIDE SAID AIRPORT
DISTRICT PROVISIONS SHALL CONTROL OVER CONFLICTING
REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That the following paragraphs, sections and
articles of Ordinance No.1 -1973 entitled: "An Ordinance relating
to Monroe County, Florida; Adopting Comprehensive Zoning Rules and
Regulations; Setting forth the Authority, Intent, Purpose, Methods,
Short Title, Definitions, Applications Procedures ~nd Special Ex-
ceptions; providing for Amendments and Appeals, Administration and
Enforcement, General Provisions, Zoning, General Use, Residential,
Business Districts, and Planned Unit Developments; Regulating Signs;
Providing for Legal Status of said Rules and Regulations; Providing
Penalties for Violations of the provisions of said Ordinance and
Providing an Effective Date" as amended by Ordinance No. 6-1973 and
Ordinance No. 5-1974, are amended, repealed or added to as herein-
after set forth.
Section 2. That Article I be and the same is hereby amended
to read as follows:
"ARTICLE I AUTHORITY, INTENT, PURPOSE, METHODS AND SHORT TITLE
This Comprehensive Zoning Ordinance is hereby adopted under
authority of Chapter 61-2503 Laws of Florida, 1961.
The purpose of this Zoning Ordinance is to promote the
public health, safety, morals, convenience, comfort, ap-
pearance, amenities, prosperity, and general welfare of
Monroe County by the adoption of regulations and restrictions
• •
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to aid in making adequate provision for increased safety
in traffic transportation, vehicular parking, parks, park-
ways, recreation, schools, public buildings, housing, light,
air, water supply, sewage, sanitation and other public re-
quirements; that lessen congestion, disorder, and dangers
that inhere in unplanned and unregulated development; that
prevent overcrowding of land and undue concentration of popu-
lation; that provide for a more equitable and just land use
pattern and basis for tax assessment; that increase the
safety and security of home life by creating a more favorable
environment in which to rear children; that provide more
reasonable and serviceable means and methods of protecting
and safeguarding the economic structure upon which the good
of all depends; that promote the coordination of local
administrative procedures which facilitate the orderly
review and approval of desirable development and utilization
of the area ' s resources; that prevent haphazard, premature,
uneconomic and ecologically damaging development from
occurring within Monroe County; that ensure that citizens
and taxpayers will not have to bear unnecessary costs re-
sulting from undesirable land and water use or the lack of
adequate and sufficient physical improvements and public
services incidental to land use and development within the
County; and that provide a means of implementing the County's
Comprehensive Planning Program and related Development Policies
and Growth Strategies in furtherance of and in compliance of
Chapter 22F-8.
To accomplish these aims and purposes, the unincorporated
area of the County is divided into districts of such shape, area,
common unity of purpose, and adaptability for use as are deemed most
suitable to provide economic, wholesome, sightly, and harmonious
activities and operations. In further aid of these purposes, the
locations, uses, and occupancy. of building, structures, and land and
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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 libera-
lly construed to accomplish its valid stated purposes."
Section 3. That paragraph 2.14 of Section 2 of Article II
be and the same is hereby amended to read as follows:
"2.14 Board of Adjustment: The term "Board of Adjustment"
shall refer to the Monroe County Board of Adjustment as provided in
Chapter 61-2503 Laws of Florida, 1961."
Section 4. That paragraph 2.381 of Section 2 of Article II
be and the same is hereby added to read as follows:
"2.381 Dimensional Variance: A departure from the terms of
this Ordinance pertaining to height, width, depth, and area of struc-
tures and size of yards and open spaces, where such departure will
not be contrary to the public interest, and where, owing to conditions
peculiar to the property because of its size, shape or unique condition,
the literal enforcement of this Ordinance would result in unnecessary
and undue hardship."
Section 5. That paragraph 2.136 of Section 2 of Article II
be and the same is hereby amended to read as follows:
"Zoning Director: The term "Zoning Director" shall mean the
Zoning Official."
Section 6. That paragraph 2.40 of Section 2 of Article II
be and the same is hereby amended to read as follows:
"2.40 Director: The term Director shall mean the Zoning
Official unless the context clearly indicates otherwise."
Section 7. That paragraph 2.17.0 of Section 2 of Article II
be and the same is hereby added to read as follows:
"2.l7.0 Building Official: The term "Building Official"
shall mean the Director of the Building Department for Monroe County,
Florida."
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Section 8. That paragraph 2.73.1 of Section 2 of Article II
be and the same is hereby added to read as follows:
"2.73.1 Major Development Project: Any existing and/or
proposed activity or use which reflects the characteristics of a
major Development Project as defined in the Monroe County Major Develop-
ment Project Ordinance."
Section 9. That paragraph 2.140 of Section 2 of Article II
be and the same is hereby amended to read as follows:
"2.140 Zoning Official: The term "Zoning Official" shall
mean the Director of the Planning & Zoning Department for Monroe
County, Florida, or his authorized representative. The Zoning Official
shall be responsible for the overall administration and enforcement of
this Ordinance."
Section 10. That paragraph 2.116 of Section 2 of Article II
be and the same is hereby amended to read as follows:
"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 and overhang thereall when
two (2) or more lots under one (1) ownership are used for a single per-
mitted principal use, the exterior property lines of the lots so grouped
shall be used in determining setback:."
Section 11. That paragraph 2.132 of Section 2 of Article II
be and the same is hereby repealed.
Section 12. That paragraph 2.141 of Section 2 of Article II
be and the same is hereby repealed.
Section 13. That paragraph 2.38.0 of Section 2 of Article II
be and the same is hereby added to read as follows:
"2.38.0 Dead End Canal. A man made body of water, other than
a land locked lake or pond, having a length greater than twice its width."
Section 14. That Section 1 of Article III be and the same is
hereby amended to read as follows:
"Section 1. GENERAL PROCEDURES
Rezone, Special Exception, Dimensional Variance and Text Change
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Petitions to this Ordinance may be initiated by the County Commission,
Zoning Board, Zoning Director, or by the owner of the land included in
the petition as follows:
1.1 Applicant fills out required form and submits to Zoning
Official together with required fee, data and sketch showing property
in question and all adjoining property within one thousand (1,000) feet
of subject property boundaries. Also names and addresses of all property
owners within three hundred (300) feet of subject property boundaries
shall be attached.
1.2 Public hearing is set; applicant is notified by mail and
legal notice is published in local newspaper at least thirty (3~ days
prior to Zoning Board public hearing.
1.3 Notice of public hearing is also mailed by Zoning Official
to all property owners within 300' of boundaries of any property included
in petition at least thirty (30) days prior to public hearing.
1.4 Public hearing is held by Zoning Board for zoning district
boundary change, special exception use and text changes to the Ordinance.
1.5 Public hearing is held by Board of Adjustments for Dimen-
sional Variance.
1.6 Zoning Board or Board of Adjustment acts on request after
all necessary investigations are completed. all required public hearings
are held and all required written recommendations are received.
1.7 If, after Zoning Board has acted on a request for a special
exception use of zoning district boundary change on appeal is brought by
applicant or another concerned party, Board of County Commissioners
shall hold a public hearing to take action on the appeal. Notice of
such public hearing shall be provided for as set forth in 1.2 and 1.3
above.
1.8 If, after the Board of Adjustments has acted on a request
for a Dimensional Variance an appeal is brought by the applicant or
another concerned party, Board of County Commissioners shall hold a
public hearing to take action on the appeal. Notice of such public
hearing, shall be provided for as set forth in 1.2 and 1.3 above.
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1.9 After the Zoning Board has acted on a request for a
text change, it shall forward such action to the Board of County
Commissioners. The Board of County Commissioners shall then hold
a public hearing and take final action on the text change request.
Notice of such public hearing shall be provided for as set forth in
1.3 and 1.3 above.
Section 15. That Section 3 of Article III be and the same
is hereby amended to read as follows:
"Section 3. GENERAL REQUIREMENTS FOR ALL MAJOR DEVELOPMENT
PROJECTS. All Major Development Projects shall be processed, reviewed
and approved in accordance with the Monroe County Major Development
Project Ordinance."
Section 16. That Article IV be and the same is hereby amended
to read as follows:
"ARTICLE IV SPECIAL EXCEPTIONS
Section 1. PURPOSE
This Article provides for the approval of certain specified
uses which are permitted only upon special approval and then only
when approved in accordance with the provisions regulating such uses.
Section 2. APPLICABILITY
The 'Uses Permitted Upon Special Approval' as provided herein
may be permitted in only thoses zoning districts where the Zoning
District Regulations expressly designate such uses by listing them
as 'Uses Permitted Upon Special Approval.'
Section 3. PROCEDURE
3.1 Requests for approval of special exception uses shall be
submitted to the Zoning Official in writing, along with the necessary
fee and such other plans or information as the Zoning Official may
require.
3.2 After finding the request in order, the Zoning Official
shall set a date and time for a public hearing on the request and
shall provide for the required public hearing notice.
3.3 After public hearing, review of the request and recomen-
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mendation from the zoning Official, the Zoning Board may grant or
deny the special exception use requested, or may grant conditional
approval subject to compliance with certain specified conditions.
Section 4. STANDARDS FOR APPROVAL
The Zoning Board shall act on each request for a special
exception 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 County's Comprehensive Plan.
4.7 Factors relating to safety, health, morals, and general
public welfare.
Section 5. LOT, BUILDING AND SIGN REQUIREMENTS
Lot, building and sign requirements shall comply with the
requirements of the district in which the special exception use is to
be located, and shall comply with such requirements as may be imposed
by the Zoning Board in its approval of the Special Exception Use.
Section 6. TIME LIMITATION AND REVERSION CLAUSE
If a request for a special exception use is granted by the
Zoning Board, the applicant shall initiate necessary action to imple-
ment the approved plans within one (1) year from the date the request
was granted. Should the owner of the property in question fail to
initiate action within one (1) year, the special exception use granted
shall become void and the property in question shall revert to its
prior zoning classification. The owner of such property shall be
notified to appear at the Zoning Board's meeting at which this action
will be taken. Under certain circumstances, the owner of the property
in question may request and be granted by the Zoning Board a reasonable
time extension beyond the one year limitation.
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Section 7. APPEAL OF ZONING BOARD DECISION
If, after the Zoning Board has acted on a request for approval
of a special exception use, an appeal is brought by the applicant or
another concerned party, the Board of County Commissioners shall hold
a public hearing to take action upon the appeal. Notice of such public
hearing shall be provided as required."
Section 17. That Sections 2,3,4,5,6, and 7 of Article V be and
the same are hereby amended to read as follows:
"Section 2. GENERAL PROCEDURE FOR AMENDMENTS
The general procedure for the amendment of this ordinance is as
follows:
2.1 A zoning amendment, to either the text of the ordinance or
the zoning district map, may be proposed by the Board of County Commis-
sioners, the Zoning Board, Zoning Official or by an individual provided,
however, if the zoning amendment proposed by an individual involves a
specific parcel of land such individual, or his duly authorized agent
shall hold title to the land which is the subjec t of the proposed
zoning amendment.
2.2 Applicants wishing to request a zoning amendment shall submit
their request in writing along with the necessary fee and data required
to the Zoning Official.
2.3 All proposed zoning amendments shall be submitted to the
Zoning Board for review and action. The Zoning Board shall study each
each proposal to determine:
(1) The need and justification for the proposed change;
(2) When pertaining to the rezoning of land,
the effect of the change, if any, on the particular
property and on surrounding properties:
the amount of undeveloped land in the general area
having the same classification as that requested;
(3) the relationship of the proposed zoning amendment to the
purposes of the County's Comprehensive Plan, with appropriate consideration
as to whether the proposed change will further the purposes of this
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ordinance and the Comprehensive Plan.
2.4 No action on the requested Zoning Amendment shall be taken
by the Zoning Board unless and until the Zoning Board has held a public
hearing on the proposed change. Notice of such public hearing shall
be provided as required.
2.5 Proposals originating with the Board of County Commissioners,
the Zoning Board, or a department or agency of the County through the
Zoning Official, shall be processed as in 2.3 and 2.4 above.
2.6 If the Zoning Board does not act upon a request to amend the
zoning district map within six (6) months of the date of its receipt by
the Zoning Official, the proposed zoning amendment contained therein shall
be deemed to have been denied by the Zoning Board.
2.7 After the Zoning Board has acted on a proposed amendment to
the text of the ordinance it shall forward a written statement of such
action to the Board of County Commissioners.
2.8 The Board of County Commissioners, after holding a public
hearing and giving public notice as required, shall take final action
on the proposed zoning amendment request.
Section 3. LIMITATIONS
3.1 Whenever the Zoning Board has taken action to deny a request
for an amendment to the zoning district maps, the Zoning Board shall not:
(1) Consider any further request for the same amendment of any
part of the same property for a period of one year from the date of such
action by the Zoning Board.
(2) Consider a request of any other kind of zoning amendment
on any part of the same property for a period of one year from the date
of such action by the Zoning Board.
3.2 The time limits above may be waived by the affirmative vote
of four (4) members of the Zoning Board when such action is deemed
necessary to prevent injustice or to facilitate the proper development
of Monroe County.
3.3 The Zoning Board shall act upon any request for a zoning
-18-
amendment with a written statement of the reasons for its action.
Section 4. APPEALS
4.1 It shall be the duty of the Board of County Commissioners 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
Board of Adjustment in the enforcement of this ordinance.
4.2 Any person or persons claiming to be aggrieved on account of
any ruling of the Zoning Board or Board of Adjustment which enforces this
ordinance may appeal in writing to the Board of County Commissioners.
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.
4.3 Upon receipt of a written appeal, the Board of County Com-
missioners 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 Zoning Official shall forthwith transmit to the Board of
County Commissioners all papers or other records upon which the action
or decision appealed from was taken. During the hearing of an appeal,
any interested party may appear in person or by agent or attorney.
4.4 An appeal from a ruling of the Zoning Board or Board of
Adjustment shall stay all proceedings and all work on the premises in-
volved 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 Commis-
sioners or by the Circuit Court if the same shall have theretofore been
refused by the Board of County Commissioners. The Board of County Com-
missioners 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 the Zoning Board or Board
of Adjustment.
Section 5. APPEALS FROM ADMINISTRATIVE RULINGS
5.1 Any person or persons claiming to be aggrieved on account of
any ruling of the zoning official which enforces this ordinance may appeal
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in writing to the Board of Adjustment. 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 Adjustment
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
Zoning Official shall forthwith transmit to the Board of Adjustment all
papers or other records upon which the action or decision appealed from
was taken. During the hearing of an appeal, any interested party may
appear in person or by agent or attorney.
5.3 An appeal from administrative ruling shall stay all pro-
ceedings 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 Adjustment, Board of County Commissioners or
by the Circuit Court if the same shall have theretofore been refused
by the Board of Adjustment and Board of County Commissioners.
The Board of Adjustment 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 the
Zoning Official and/or in the enforcement of any zoning ordinance adopted
pursuant to this act or may make such decision or take action as the
Zoning Official should have made or taken. To that end, Board of Adjust-
ment shall have the powers of the Zoning Official from whose decision
the appeal is taken.
Section 6. APPLICATION FOR VARIANCE
6.1 Any owner, agent, lessee or occupant of land or structure may
apply in writing to the Board of Adjustment for dimensional variance from
the requirements or restrictions of this ordinance; except that no appeal
for use variance will be considered. Applications should be submitted
through the Zoning Official, stating the specific variances requested.
6.2 Applications for a dimensional variance shall be submitted to
the Zoning Official in writing along with the necessary fee and such other
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plans or information as the Zoning Official may require.
6.3 Upon receipt of an application for dimensional variance the
Zoning Official 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 Zoning Official shall investigate the conditions pertaining to the
particular dimensional variance requested, and shall provide the Board
of Adjustments with the facts involved. The parties in interest may
appear at the hearing in person, by agent or attorney.
6.4 After hearing the application for dimensional variance, to-
gether with such other reports or testimony deemed pertinent, the Board
of Adjustment may deny the application or grant such dimensional variance
as may meet the conditions hereinafter set forth. Action by the Board of
Adjustment shall require the concurring vote of a majority of its members,
and a dimensional variance shall be granted only if all of the following
conditions are found to exist:
6.4.1 Unique or peculiar conditions or circumstances apply
to the property in question which do not apply to other properties in
the same district.
6.4.2 The strict and literal enforcement of the terms of this
ordinance would result in demonstrable and undue hardships, or deprive
the petitioners or rights commonly enjoyed by other property owners in
the same district.
6.4.3 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.
6.4.4 The variance, if granted, would not be injurious to
surrounding properties nor contrary to the public interest.
6.4.5 The variance requested does not involve any use which
is not permissible in the district wherein the property is located.
6.5 If, after the Board of Adjustment has acted on a request for
approval of a dimensional variance, an appeal is brought by the applicant
of another concerned party, the Board of County Commissioners shall hold
a public hearing to take action upon the appeal. Notice of such public
hearing shall be provided as required.
•
-21-
Section 7 . TIME LIMITATION
If a zoning district map amendment special exception use, or
dimensional variance is granted by the Zoning Board,. Board of Adjustment
or Board of County Commissioners on appeal, the applicant shall initiate
necessary action to implement the approved plans within one (1) year from
the date the request was granted . Should the owner of the property in
question fail to initiate action within one (1) year, the zoning amend-
ment granted shall become void and the property in question shall revert
to its prior zoning classification. The owner of such property shall be
notified to appear at the Zoning Board or Board of Adjustment meeting
at which this action will be taken. Under certain circumstances, the
owner of the property in question may request and be granted by the
Zoning Board or Board of Adjustment a reasonable time extension beyond
the one (1) year limitation. "
Section 18. That paragraphs 1.1, 1.2 and 1.3 of Section 1 of
Article VI be and the same are hereby amended to read as follows :
"1.1 ZONING BOARD
The Zoning Board shall consist of five (5) members appointed
for a one 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 $100.00 per month
plus reimbursement of expenses based on mileage traveled in the perfor-
mance of their duties .
The Board shall elect from its membership, a chairman and a
vice-chairman and such other officers as the Board may deem necessary
or proper. The chairman, vice-chairman and such other officers as the
Board may deem necessary or proper. The chairman, vice-chairman and
other officers of the Zoning Board shall serve for one year and may
succeed themselves upon re-election to the office by the Zoning Board.
The secretary shall be the Zoning Official or his authorized represen-
tative.
-22-
1.2 PROCEDURE
The Board of County Commissioners shall adopt rules of pro-
cedure 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 meeting 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 court-
house or other designated locations
1.3 DUTIES
The Zoning Board shall have the authority and duty to consider
and act upon applications for district boundary changes, special excep-
tion uses, Planned Unit Development Project (PUD's), and Major Develop-
ment Projects. In addition, the Zoning Board shall have the authority
and duty to consider any proposal or request for a change in the
regulation or restrictions contained in this ordinance and after public
hearing as prescribed forward the request to the Board of County Com-
missioners for action with either a favorable or unfavorable recommen-
dation. The Zoning Board shall also act in an advisory capacity to the
Board of County Commissioners, and make such studies and investigations
as requested by the Board of County Commissioners."
Section 19. That paragraph 1.4 of Section 1 of Article VI be
and the same is hereby repealed.
Section 20. That paragraphs 2.1, 2.2 and 2.3 of Section 2 of
Article VI be and the same are hereby amended to read as follows:
"2.1 BOARD OF ADJUSTMENT
The Board of Adjustment shall consist of five (5) members, each
to be appointed by the Board of County Commissioners for a term of one
(1) year, or until a successor is appointed, and removable by a three-
fifths (3/5) vote of the Board of County Commissioners. Vacancies
shall be filled for the unexpired term of any member whose term becomes
vacant.
The Board shall elect from its membership a chairman and a vice-
-23-
chairman and such other officers as the Board may deem necessary or
proper. The Chairman, Vice-Chairman and other officers of the Board
of Adjustment shall serve for one year and may succeed themselves
upon re-election to the office by the Zoning Board. The secretary
shall be the Zoning Official or his authorized representative.
2.2 PROCEDURE
The Board of County Commissioners shall adopt rules of pro-
cedure 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.
Meetings of the Board shall be held at the call of the Chairman
or Secretary and at such other times as the Board may determine. All
meetings of the Board shall be open to the public. The Board shall
keep minutes of its proceedings, showing the vote of each member upon
each question, or if absent, or failing to vote, indicating such fact,
and shall keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the Board of
County commissioners of any such county and shall be a public record.
2.3 DUTIES
The Board of Adjustment shall have the authority and duty to
hear and decide appeals where it is alleged there is error in any
order, requirement, decision, determination or action of any administra-
tive official charged with the enforcement of the provisions of this
ordinance and of any regulations or restrictions made under authority
hereof, unless such order, requirement, decision, determination or
action shall have occurred pursuant to an order or resolution of the
Board of County Commissioners specifically directing such administra-
tive official concerning the same.
To authorize upon application in specific cases such variances
from the terms of the regulations or restrictions as will not be
contrary to the public interest, where, owing to special conditions, a
literal enforcement of the provisions thereof will result in unnecessary
hardship, and so that the spirit of the regulations or restrictions shall
-24-
be observed and substantial justice done. However, no use variances
shall be granted by the Board of Adjustment."
Section 21. That Section 3 of Article VI be and the same is
hereby amended to read as follows:
"Section 3
3.1 ZONING OFFICIAL
The zoning official shall be the Director of the Planning
and Zoning Department for Monroe County, Florida, or his authorized re-
presentative.
3.2 DUTIES
The zoning official shall have the following authority and
duties:
3.2.1 Serves as secretary to Zoning Board
3.2.2 Serves as secretary to Board of Adjustment
3.2.3 Receives and reviews all requests for zoning and use
clearance prior to the issuance of any Building Permit or Certificate
of Occupancy for an individual use.
3.2.4 Refers all requests for zoning and use clearance to
the Zoning Board for action where there is, in the Zoning Official's
opinion, a reasonable doubt as to the likelihood of the proposed use
conforming to the applicable performance standards of this ordinance.
(See Article VII, Section 36, which refers to Chapter 403 of the Florida
Statutes).
3.2.5 Responsible for general administration and enforcement
of the Zoning Ordinance."
Section 22. That paragraphs 4.1 through paragraph 4.3 of Section
4 of Article VI be and the same are hereby added to read as follows:
"4.1 APPLICATION DATA
All applications for a Building Permit or a Certificate of
Occupancy for any individual use shall be referred to the Zoning Official
for zoning and use clearance prior to the issuance of any Building Permit
or Certificate of Occupancy. The material to be referred to the Zoning
Official shall include the following, in duplicate, which shall be re-
-25-
quired by the Building Official as part of the Building Permit and
Certificate of Use Application process:
4.1.1 Plan of the proposed construction or development.
4.1.2 Description of any proposed machinery operations,
products, and specifications for the mechanisms and techniques used in
restricting the emission of dangerous or objectionable elements.
4.1.3 Acknowledgement, in writing, of the applicant's
understanding of the applicable performance standards contained in
Article VII, Section 36, of this ordinance.
4.1.4 Agreement to conform with above performance standards
at all times. No applicant shall, however, be required to reveal any
secret process. and any information submitted will be treated as confi-
dential if so requested.
4.1.5 Certification from the appropriate regulatory agencies
that adequate water, sanitary sewage disposal, storm drainage and highway
facilities are in existence to serve the needs and requirements of both
the existing population and the proposed development.
4.2 REVIEW OF APPLICATION
4.2.1 The Zoning Official shall review all requests for the
issuance of zoning and use clearance prior to the issuance of any
Building Permit or a Certificate of Occupancy by the Building Official
for any individual use.
4.2.2 If, as a result of the above review, the Zoning Official
finds any reasonable doubt as to the likelihood of conformance with all
appropriate regulations and requirements, he shall cause the request to
be referred to the Zoning Board.
4.2.3 The Zoning Board shall then determine whether or not
the zoning and/or use clearance shall be issued.
4.2.4 In the event the Zoning Board is unable to determine
whether or not the applicant will conform to the performance standards as
set forth in Article VII, Section 36, the Zoning Board may, on its own
initiative, request advice and recommendations from specialists or con-
sultants in such technical fields as might be deemed necessary. Costs
-26-
of such consultants or specialists shall be borne by the applicant.
4.3 ENFORCEMENT
The Zoning Official shall cause any alleged violations of this
ordinance, including any applicable performance standards, to be investi-
gated. If there is found to be a reasonable ground that a violation
exists, such violation shall be noted and all necessary actions to assure
enforcement of and conformance with this ordinance shall be taken."
Section 23. That paragraph 5.1 of Section 5, Article VI be and
the same is hereby added to read as follows:
"Section 5.
5.1 VIOLATIONS
Whenever violations of this ordinance are observed by or reported
to the Zoning Official, 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 Zoning Official shall either request legal counsel
to petition to courts for an injunction to require satisfactory conformity,
or in the alternative, violators of any provision of Article I through
Article XV of this ordinance may be prosecuted in the County Court in
the name of the state of Florida by the prosecuting attorney thereof, and
upon conviction shall be punished by a fine not less than $15.00 nor to
exceed $500.00 or by imprisonment in the county jail not to exceed 60
days or by both such fine and imprisonment.
For the purpose of prosecution hereunde4 each day of violation
shall constitute and be a separate and distinct violation punishable and
triable as such. Any legally constituted law enforcement agent of
Monroe County or of the State of Florida is empowered to take any and
all necessary action to assure enforcement of and conformance with this
ordinance."
Section 24. That paragraphs 1.1 through 1.9 of Section 1 of
Article VII be and are hereby amended to read as follows:
"Section 1. SETBACK AND ACCESS CONTROL ON U.S. 1
In order to promote the safety of motorists and the pedestrian
-27-
and to minimize traffic congestions and conflict on u.s. 1, the following
regulations shall apply:
1.1 A minimu, setback of 25 feet from the right-of-way of
u.s. Highway 1 is established.
1.2 No access point shall be developed within 250 feet of any
bridge or bridge ramp. In the event that an applicant can provide satis-
factory evidence to the Board of Adjustments that compliance with this
requirement will result in extreme hardship, a variance may be granted
by the Board of Adjustments.
1.3 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.
1.4 The maximum number of points of access permitted onto
anyone (1) road shall be as follows:
Lot Width Abutting Road
Number of Points of
Access
Less than 65 feet
1
65 feet to 200 feet
2
Over 200 feet
2, plus (1)
for each additional
200 feet
1.5 In lieu of any two (2) openings permitted onto anyone (1)
road, there may be permitted a signal point of access up to thirty-five
(35) feet in width.
1.6 There shall be a minimum distance of twenty (20) feet
between any two (2) openings onto the same road.
1.7 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.
1.8 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 Official.
1.9 The Planning and Zoning Department may require the
construction of pullover lanes for access to commercial uses generating
significant traffic problems on u.s. Highway 1. The cost of these lanes
-28-
shall be borne by the applicant and shall be constructed in accordance
with Florida Department of Transportation standards and regulations. It
shall be the responsibility of the applicant to contact the Department of
Transportation standards and regulations. It shall be the responsibility
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 Planning and Zoning Department receives in writing
sufficient evidence to indicate that such pull-over lanes will be con-
structed."
Section 25. That paragraphs 1.10 and 1.11 of Section 1 of Arti-
cle VII be and are hereby added to read as follows:
"1.10 On commercial properties where an applicant proposes develop-
ment of an area abutting u.s. Highway 1, a distance of three-hundred (300)
feet or more, the Planning & Zoning Department 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.
1.11 Florida Department of Transportation specifications and
design standards shall be met for all access points and setbacks for
construction of developments fronting on or accessed from U.S. Highway 1.
It shall be the responsibility of the applicant to contact said depart-
ments to determine the applicable standards and obtain the required appro-
vals. No zoning or building permit approvals shall be issued until the
zoning official received in writing sufficient evidence that this require-
ment has been met."
Section 26. That Section 10 of Article VII be and the same is
hereby amended to read as follows:
"Section 10.
Camping in Monroe County either by Motor Coach, Boat Trailer,
collapsible camping trailers, camping trailers, tents or bed rolls is
expressly prohibited in all locations except in legally permitted recrea-
-29-
tional vehicle parks. Any violation of this section shall be prosecuted
as provided in paragraph 5.1 of Section 5 of Article VI without obligation
of the Zoning Official to give notice to the violator or to allow reasonable
time for conformity with the within provisions of Section 10 of Article 10
of Article VII."
Section 27. That Section 19 of Article VII be and the same is
hereby amended to read as follows:
"Section 19
No person shall engage in the filling of land or water areas,
dredging the excavation of land or removal of earth, and no mining
operations shall be undertaken without first obtaining a permit approved
by the County Commission. This approval does not preclude the applicant
from obtaining any necessary State and/or Federal permits. Applications
for a County permit for dredgining, excavations, and mining operations
must adhere to the following:
1. No deeper than 30 ft. from mean sea level.
2. A Topographic map of the area signed by a registered land
surveyor or engineer.
3. Sufficient core borings to the depth desired in order to
determine the advisability of the project. This work must be performed
and/or documented by a licensed professional engineer. After approval
by the County Commission or in cases where State or Federal approval is
required the permit shall be issued by the Monroe County Building & Zoning
Department. Subject to the necessary State or Federal approval."
Section 28. That Section 33 of Article VII be and the same is
hereby amended to read as follows:
"Section 33
Eaves, stairways, fire escapes, balconies, chimneys and uncovered
steps shall not protrude into any required setback. Setbacks shall be
from the ground to the sky, except as indicated in other sections of this
ordinance."
Section 29. That Sections 55 and 56 of Article VII be and the
same are hereby added to read:
-30-
"Section 55 - Non-conforming zoning classifications. Owners of
property where the use of their property is in direct conflict with the
zoning of the property shall be given six (6) months, after notification,
to correct the non- conformity or the County Commission, after Public
Hearing, shall do so by amendment.
Section 56 - DRAINAGE
1. Retention of construction related runoff or discharge of
such runoff into adquately sized natural vegetative filtration areas in
a manner approximating the natural runoff regime.
2. Permanent drainage systems which make make maximum use of
natural drainage patterns, vegetative retention and filtration."
Section 30. That paragraphs 1.0 through 1.6 of Section 57 of
Article VII be and the same are hereby added to read:
"Section 57 - AVIATION HAZARDS
1.0 No use shall be made of land or water within the County of
Monroe in such a manner as to interfere with the operation of an air-
borne aircraft. The following special requirements shall apply to each
permitted use:
1.1 All lights or illumination used in conjunction with street,
parking, signs or use of land and structures shall be arranged and operated
in such a manner that it is not misleading or dangerous to aircraft
operating from a public or military airport or in vicinity thereof.
1.2 No operations from any use shall produce smoke, glare or other
visual hazards within three (3) statute miles of any usable runway of a
public or military airport.
1.3 No operations from any use in Monroe County shall produce
electronic interference with navigation signals or radio communication
between the airport and aircraft.
1.4 Notwithstanding the preceding provision of this section, the
owner of any structure over 200 feet above ground level must install on
that structure lighting in accordance with Federal Aviation Administration
Advisory Circular 70-7460-lC and Amendments. Additionally, any structure
exceeding 749 feet above mean sea level must install on that structure high
-31-
intensity white obstruction lights must be in accordance with Federal
Aviation Administration Advisory Circular 70-7460-lC and Amendments.
1.5 No application for variance to the requirements of this
Section may be considered by the Board of Adjustment unless a copy of
the application has been furnished to the Florida Department of Trans-
portation, Bureau of Aviation.
1.6 Any permit or variance granted may be so conditioned as to
require the owner of the structure of growth in question to permit the
Monroe County as its own expense to install, operate, and maintain there-
to such markers and lights as may be necessary to indicate to pilots the
presence of an airspace hazard."
Section 31. That paragraphs 3.1 through 3.4 of Section 3 of
Article VIII be and the same are hereby amended to read as follows:
"Section 3 - ZONING MAPS
3.1 Zoning district boundaries shall be recorded on the official
zoning maps. The official zoning maps shall consist of section maps at
a scale of I" = 200' on a reproducible material deemed suitable by the
Zoning Official. There shall be a cover page bearing the title Official
Zoning Maps, Monroe County, Florida dnd the signature of the Mayor of
Monroe County, Florida, attested by the Monroe County Clerk.
3.2 The territory covered by the Official Zoning Maps Atlas shall
be indicated on an index map. The index map shall show in sufficient
clarity the location, area covered, and section identification of each
section or part-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 be located in the offices of the
Planning & Zoning Department and maintained under the supervision of the
Zoning official, and shall be the final authority as to the current zoning
-32-
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."
Section 32. That paragraph 3.5 of Section 3 of Article VIII
be and the same is hereby added to read:
"3.5 It shall be the responsibility of the Zoning Official to
maintain the official zoning maps and properly record all amendments to
the official zoning maps adopted by the Zoning Board in accordance with
the provisions of Article V of this ordinance. It shall also be the
responsibility of the Zoning Official to establish procedures for the
proper and timely recording of amendments to the zoning district
boundaries on the official zoning maps."
Section 33. That Section 1 of Article IX be and the same is
hereby amended to read as follows:
"Section 1. PURPOSE
The GU-General Use District is established as an interim land
classification pending action to rezone the property to a residential,
business or industrial classification."
Section 34. That paragraphs 3.1 and 3.2 of Section 3 of Article
IX be and the same are hereby repealed.
Section 35. That Section 4 and 5 of Article IX be and the same
are hereby repealed.
Section 36. That paragraph 3.1.1 of Section 3 of Article X be
and the same is hereby amended to read as follows:
"3.1.1 Permanent Single Family Dwellings"
Section 37. That paragraph 3.1.2 of Section 3 of Article X be
and the same is hereby amended to read as follows:
"3.1.2 Non-profit parks and playgrounds when owned and operated
by the residents of the subdivision."
Section 38. That paragraph 3.3.5 of Section 3 of Article X be
and the same is hereby amended to read as follows:
"3.3.5 Non-Profit educational, recreational and social centers
-33-
when owned and operated by the residents of the subdivision."
Section 39. That paragraph 3.3.6 of Section 3 of Article X
be and the same is hereby repealed.
Section 40. That paragraph 3.5.10 of Section 3 of Article X
be and the same is hereby amended to read as follows:
"3.5.10 Maximum Percent of Lot Coverage 30% including eaves and
overhangs."
Section 41. That paragraph 3.5.11 of Section 3 of Article X
be and the same is hereby amended to read as follows:
"3.5.11 Minimum setback from any man-made waterway 20 ft."
Section 42. That paragraphs 3.5.12 and 3.7 of Section 3 of
Article X be and the same are hereby added to read as follows:
"3.5.12 Minimum setback from the high water mark of any natural
waterway 50 ft.
3.7 On corner lots the rear setback line may be treated as a
side property line in regards to setbacks."
Section 43. That paragraph 4.1 of Section 4 of Article X be
and the same is hereby amended to read as follows:
"4.1 Permanent conventional single family dwellings."
Section 44. That paragraphs 5.5.1 and 5.5.2 and 5.5.4 of Section
5 of Article X be and the same are hereby amended to read as follows:
"5.5.1 Minimum Living Area
5.5.2 Minimum Lot Area
5.5.4 Minimum Lot Depth
750 sq. ft. per unit
12,000 sq. ft.
120 ft. "
Section 45. That paragraphs 5.5.12 and 5.5.13 of Section 5 of
Article X be and the same are hereby amended to read as follows:
"5.5.12 Minimum setback from any man-made waterway 20 ft.
5.5.13 Minimum setback from the high water mark of any natural
waterway 50 ft."
Section 46. That paragraphs 6.5.1.2, 6.5.1.3, 6.5.1.4, 6.5.2,
6.5.2.1 and 6.5.5.1 of Section 6 of Article X be and the same are hereby
amended to read as follows:
"6.5.l.2
Duplex units
750 sq. ft.
-34-
6.5.1.3 Multiple Family Units
6.5.1.4 Efficiency units
6.5.2 Minimum Project Area
6.5.3.1 4 acres
6.5.5.1 Abutting a State Road on Highway 100 ft."
750 sq. ft.
500 sq. ft.
Section 47. That paragraph 6.5.13 of Section 6 of Article X
be and the same is hereby amended to read as follows:
"6.5.13 Minimum setback from any man-made waterway 20 ft."
Section 48. That paragraph 6.5.14 of Section 6 of Article X
be and the same is hereby added to read:
"6.5.14 Minimum setback from the mean high water mark of any
natural waterway 50 ft."
Section 49. That paragraph 7.17.4.5 of Section 7 of Article X
be and the same is hereby amended to read as follows:
"7.17.4.5 Minimum setback from any manmade waterway 20 ft."
Section 50. That paragraph 7.17.4.5a of Section 7 of Article X
be and the same is hereby added to read as follows:
"7.17.4.5a Minimum setback from the mean high water mark of any
natural waterway 50 ft. ..
Section 51. That paragraph 8.5.11 of Section 8 of Article X
be and the same is hereby amended to read as follows:
"8.5.11 Minimum setback from any manmade waterway 20 ft."
Section 52. That paragraph 8.5.11a of Section 8 of Article X
be and the same is hereby added to read as follows:
"8.5.11a Minimum setback from mean high water mark of any
natural waterway 50 ft.."
Section 53. That paragraph 9.5.2.4 of Section 9 of Article X
be and the same is hereby amended to read as follows:
"9.5.2.4 Minimum setback from any manmade waterway 20 ft."
Section 54. That paragraph 9.5.2.4a of Section 9 of Article X
be and the same is hereby added to read as follows:
"9.5.2.4a Minimum setback from mean high water mark of any
natural waterway 50 ft."
-35-
Section 55. That paragraph 11.8.11 of Section 11 of Article X
be and the same is hereby amended to read as follows:
"11.8.11 Minimum setback from any manmade waterway 20 ft."
Section 56. That paragraph 11.8.12 of Section 11 of Article X
be and the same is hereby added to read as follows:
"11.8.12 Minimu setback from mean high water mark of any
natural waterway 50 ft."
Section 57. That paragraph 3.4.3 of Section 3 of Article XI be
and the same is hereby repealed.
Section 58. That paragraph 3.5.2.8 of Section 3 of Article XI
be and the same is hereby amended to read as follows:
"3.5.2.8 Maximum percent of Lot Coverage
50% "
Section 59. That paragraph 3.5.2.9 of Section 3 of Article XI
be and the same is hereby amended to read as follows:
"3.5.2.9 Minimum setback from any manmade waterway 20 ft."
Section 60. That paragraph 3.5.2.9a of Section 3 of Article XI
be and the same is hereby added to read as follows:
"3.5.2.9a Minimum setback from mean high water mark of any
natural waterway 50 ft."
Section 61. That paragraph 3.5.5.9 of Section 3 of Article XI
be and the same is hereby amended to read as follows:
"3.5.5.9 Maximum percent of Lot Coverage
50% ..
Section 62. That paragraph 3.5.5.10 of Section 3 of Article XI
be and the same is hereby amended to read as follows:
"3.5.5.10 Minimum setback from any manmade waterway 20 ft."
Section 63. That paragraph 3.5.5.11 of Section 3 of Article XI
be and the same is hereby added to read as follows:
"3.5.5.11 Minimum setback from high water mark of any natural
waterway 50 ft."
Section 64. That paragraph 4.4.4 of Section 4 of Article XI be
and the same is hereby repealed.
Section 65. That paragraphs 4.5.1.2, 4.5.1.9 and 4.5.1.10 of
Section 4 of Article XI be and the same are hereby amended to read as
-36-
follows:
"4.5.1.2 Minimum Lot Depth
4.5.1.9 Maximum Percent Lot Coverage
100 ft.
50%
4.5.1.10 Minimum setback from any manmade waterway 20 ft."
Section 66. That paragraph 4.5.1.11 of Section 4 of Article XI
be and the same is hereby added to read as follows:
"4.5.1.11 Minimum setback from high water mark of any natural
waterway 50 ft."
Section 67. That paragraph 5.2 of Section 5 of Article XI be
and the same is hereby amended to read as follows:
"5.2 Where Permitted - BU-l, BU-2, RU-3 and RU-4 under certain
conditions and upon approval of Zoning Board."
Section 68. That paragraphs 1.2 through 1.4.7 of Section 1 of
Article XII be and the same are hereby repealed.
Section 69. That paragraphs 2.1 through 2.9 of Section 2 of
Article XII be and the same are hereby added to read as follows:
"Section 2. PROCEDURE
2.1 When a planned unit development project is proposed, an
advisory meeting with Zoning Official to discuss procedures, standards,
regulations and related considerations shall be held.
2.2 Applicant submits preliminary PUD project plat to Zoning
Official as part of application requesting PUD Zoning District Amendment.
2.3 Zoning Board reviews the request and either approves, approves
with modifying stipulations, or denies the application.
2.4 If the Zoning Board approves the preliminary PUD project plat,
it shall amend the Zoning District Map to designate the proposed PUD
project location as a Planned Unit Development District.
2.5 Upon adoption of the Zoning District amendment, the Zoning
Board shall issue written authorization to the applicant to prepare a
Final Development Plat of the proposed PUD project to be submitted to
the Zoning Official.
2.6 Zoning Official submits final PUD project plat to Zoning Board
for review and approval.
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2.7 The Zoning District Map amendment adopted shall not become
final until the final development plat of the proposed PUD project has
been approved by the Zoning Board and properly recorded in the office
of the County Clerk and/or Zoning Official, as appropriate. The Zoning
District Map amendment shall be valid only for the PUD project as
approved.
2.8 The PUD project shall be developed according to the approved
and recorded Final Development Plat.
2. 9 Any change other than minor changes in the location of a
structure and other minor details proposed for an approved PUD project
shall be submitted and processed in the same manner as an original
application for establishment of a PUD District. Minor changes in-
volving the location of structures or similar details are permissible
provided the general PUD project concept is not altered and such minor
changes are reviewed and approved by the. Zoning Board. If any minor
changes are approved by the Zoning Board, such changes shall be indicated
in writing and provided to the Zoning Official prior to any zoning or
use clearance being issued which reflects such changes. "
Section 70. That Sections 3 and 4 of Article XII be and the
same are hereby added to read as follows :
"Section 3. EFFECT OF PUD DISTRICT
Upon the rezoning of land to a PUD District, the approved final
development plat, along with any specified conditions, shall be the
basis for the issuance of all zoning and use clearances and, when
appropriate to the approval of the PUD project, the issuance of all
building permits and certificates of occupancy. Deviation from the
approved final development plat and specified conditions shall constitute
a violation of this zoning ordinance.
Section 4. PERMITTED USES
Permitted uses in a PUD project may be a mixture of several com-
patible uses, however, all such uses shall be determined and specifically
approved and identified in the approval of the development plan and final
development plat which is required as part of the process to amend the
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zoning district map to establish the location of the PUD project. "
Section 71. That paragraphs 5.1 through 5.8 of Section 5,
Article XII, paragraphs 6.1 through 6.8. 9 of Section 6, Article XII,
paragraphs 7.1 through 7 .7 of Section 7, Article XII, paragraphs 8.1
through 8.13 of Section 8, Article XII and paragraphs 9.1 through 9.8
of Section 9, Article XII be and the same are hereby added to read as
follows:
"Section 5. DEVELOPMENT REQUIREMENTS
The general requirements for all PUD projects shall be as
described hereinafter.
5.1 Minimum area in a PUD shall be five acres.
5.2 Construction of all PUD projects shall be initiated within
one year after approval of the final plat or the district shall auto-
matically revert to its previous zoning classification (s) . Under
certain conditions, upon application by the developer, the Zoning
Board may grant reasonable time extensions .
5.3 The applicant of a PUD project shall be required to provide
a detailed statement of proposal, including covenants, agreements, or
other specific documents, showing the owernship 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.
5.4 The applicant of a PUD project shall be required to provide
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 completed within one year after approval of the final plat. The
Zoning Board may, however, grant a one year extension when such
extension is deemed reasonable and necessary by the Zoning Board.
5.5 An application for a PUD project may include a proposed
subdivision of the tract of land within the project property lines into
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one or more separately owned and operated units. Such proposed subdivi-
sion, if approved with the proposed PUD project 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.
5.6 There shall be no subdivision of an approved PUD project
unless such subdivision is in conformance with the originally approved
and recorded final plat or an amended final plat approved and recorded
in conformance with the procedures of this ordinance regarding review
and approval.
5.7 There shall be no significant change, alteration, amendment
or extension of any approved PUD project final plat unless such change,
alteration, amendment or extension is approved in conformance with this
ordinance regarding the procedure for review and approval of all PUD
projects. This does not preclude minor adjustments of the PUD project
by the Developer so long as the overall concept of the project remains
intact.
5.8 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 ormay grant an extension of completion time when such
extension is deemed reasonable and necessary by the Zoning Board.
Section 6. GENERAL STANDARDS
In any PUD project although it is permissible to depart from
literal conformance with the individual lot dimension and area require-
ments, 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
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attention to the following:
6.1 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.
6.2 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.
6.3 To ensure that existing or proposed utility services are ade-
quate for the population densities or land use intensities proposed.
6.4 To ensure that proper and adequate buffer zones are provided
to protect surrounding land uses and environmentally sensitive lands.
6.5 To ensure that sufficient parking, loading and unloading areas
with appropriate lighting and access roads provided.
6.6 To ensure the use of safe building construction and materials.
6.7 To ensure such other reasonable conditions as may be required
to ensure desirable project compatibility with surrounding development.
6.8 The following specific criteria should also be considered
by the Zoning Board in its review of the proposed PUD project:
6.8.1 Appropriate project land uses.
6.8.2 Project compatibility with County plans and development
policies.
6.8.3 Adequate land area to serve its intended purpose.
6.8.4 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.
6.8.5 Desirable visual character and community amenities.
6.8.6 Open space shall be adequate for the type of develop-
ment and the population densities proposed.
6.8.7 Commonly owned lands and facilities shall be subject
to a reliable and continuing maintenance guarantee.
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6.8.8 In the case of developments which are to be constructed
in several units, the proposed units shall be shown on the overall develop-
ment plan and all recreation and commonly owned and used areas shall be
appropriately scheduled and constructed in conjunction with each such
proposed unit.
Section 7. SPECIAL CONDITIONS
7.1 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 condi-
tions. 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 cannot
be inflexible. The following standards define the typical special
conditions the Zoning Board may attach to PUD projects. The Zoning
Board may also attach any other reasonable special conditions.
7.2 It is desirable that access points to all arterial streets
shall be located not more frequently than once everyone-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.
7.3 Wherever there is an abrupt change in uses - i.e., residential
to commercial - it is desirable that a buffer area of open space or protec-
tive planting be placed between them which will protect each use from the
undesirable effects of the other.
7.4 Parking and other public areas used at night shall be adequate-
ly 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.
7.5 Areas shall be provided for the parking, loading and unloading
of delivery trucks and other vehicles and for the servicing of buildings
by refuse collections, fuel and other service vehicles in addition 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
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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 VVII of this
ordinance.
7.6 All access roads shall meet the requirements of the "Standard
Specifications and Details" of Monroe County.
7.7 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
construction 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.
Section 8. 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:
8.1 Land area.
8.2 Land uses.
8.3 Street pattern.
8.4 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.
8.5 Water bodies, open spaces, recreation areas.
8.6 Commonly owned and used areas, the schedule for their develop-
ment and the method by which they will be managed and maintained.
8.7 Areas, if any, proposed for public or semi-public purposes.
8.8 Building sites.
8.9 Maximum building heights.
8.10 Minimum yard dimensions.
8.11 Minimum building floor areas.
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8.12 Minimum off-street vehicular parking and off-street loading.
8.13 Utilities to be provided, and easements therefor.
Section 9. STANDARDS
In the analysis of the rezone petition and the proposed develop-
ment plan, the Zoning Board shall ensure that the following standards
and conditions are met:
9.1 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 proper-
ties.
9.2 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.
9.3 The total land area within the development, and the area de-
voted to each functional portion of the development shall be adequate to
serve its intended purpose.
9.4 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,
and shall equal or exceed the level of design and construction quality
required of similar land development elsewhere in the County.
9.5 Visual character and community amenities shall be equal or
better in quality than that required by standard zoning districts for
similar development.
9.6 Open space shall be adequate for the type of development and
the population densities proposed .
9.7 Commonly owned lands and facilities shall be subject to a
reliable and continuing maintenance guarantee.
9.8 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 for recreational
and other commonly owned and used areas. It shall divide the recreational
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and other commonly owned and used areas into as many increments as there
are proposed units. Completion of each construction increment shall in-
clude 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 recrea-
tional facility increment."
Section 72. That paragraph 4.13 of Section 4 of Article XIII be
and the same is hereby amended to read as follows:
"4.13 Signs painted directly on or attached directly to the
body of a business owned automobile, truck, van, trailer and the like,
except that portable signs of this nature shall not be used as permanent
signs in an effort to circumvent the provisions of this ordinance."
Section 73. That paragraph 9.2 of Section 9 of Article XIII be
and the same is hereby amended to read as follows:
"9.2 For each lot or parcel of land in 6istricts permitting
class "A" signs, total square footage of signs shall not exceed one (1%)
percent of the total land area."
Section 74. That paragraph 10.6 of Section 10 of Article XIII be
and the same is hereby amended to read as follows:
"10.6 No setback is required for Exempt Signs that contain 4 sq.
feet or less, all other signs shall have no portion thereof nearer than
fifteen (15') to the right-of-way."
Section 75. That paragraph 11.1 of Section 11 of Article XIII be
and the same is hereby amended to read as follows:
"11.1 Class "A" signs shall not exceed 100 sq. feet in area."
Section 76. That paragraph 12.4 of Section 12, Article XIII be
and the same is hereby added to read as follows:
"12.4 All signs must be built on a conventional foundation of
wood, concrete, or steel, securely anchored into the ground, except as
allowed in Section 4, Paragraph 4.l3. All other signs shall be considered
non-conforming."
Section 77. That Section 1, 2 and 3 of Article XIV be and the
same are hereby transferred to become Section 1, 2 and 3 of Article XV,
respectively.
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Section 78. That Sections 1, 2, 3, 4, 5, 6, 7 and 8 of Article
XIV be and the same are hereby added to read as follows:
II ARTICLE XIV - AIRPORT DISTRICT
Section 1. PURPOSE AND SCOPE
The purpose of this regulation is to provide a classification of
property where an airport may be established and to provide for regula-
tion of uses around and adjacent to civil military airports in order to:
1.1 Establish the control of construction of structures affecting
navigable airspace in accordance with criteria delineated in Volume XI,
Part 77 of the Federal Aviation Regulations.
1.2 Protect public airports against encroachment, to protect
public airport neighbors against excessive airport related noise and to
reduce public exposure of community activities to hazards associated
with public airport operations.
1.3 Promote health, safety and the general welfare by reducing
public exposure of community activities to hazards associated with
noise and aircraft accident potential arising from the operations at
military airports. Ensure compatible land use development in high
noise and accident potential areas and protect the operational capability
of the air installation in accordance with the Department of Defense,
AICUZ (Air Installation Compatible Use Zones) Program.
Section 2. DEFINITIONS
As used in this Article, unless the context otherwise requires:
2.1 AICUZ (Air Installations Compatible Use Zones) - is a program
to protect the public's safety, health and welfare while forestalling
degradation of the operational capability of military air installations.
The main intent of the AICUZ program is to ensure that development of
surrounding lands will be compatible with the noise levels and accident
potential associated with airport operations.
2.2 Airport - Key West International, Marathon Flight Strip,
Port Largo Airport, NAS Key West.
2.3 Airport Elevation - The highest point of an airport's usable
landing area measured in feet above mean sea level.
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2.4 Airport Hazard - Any structure or tree or use of land which
would exceed the federal obstruction standards as contained in 14 CFR
SSe 77.21, 77.23, 77.25 and 77.2 2 (revised March 4, 1972) or which
obstruct the airspace required for flight of aircraft in landing and
take-off at an airport or is otherwise hazardous to such landing or take-
off of aircraft.
2.5 Airspace Height - For the purpose of determining the height
limits in all zones set forth in this ordinance, the datum shall be mean
sea level elevation (AMSL) unless otherwise specified.
2.6 Control Zone - Airspace extending upward from the surface of
the earth which may include one or more airports and is normally a cir-
cular area of five statute miles in radius, with extensions where neces-
sary to include instrument approach and departure paths.
2.7 Decision Height - The height at which a decision must be
made, during an ILS instrument approach, to either continue the approach
or to execute a missed approach.
2.8 Instrument Runway - A runway having an existing instrument
approach procedure utilizing air navigation facilities or area type
navigation equipment, for which an instrument approach procedure has
been approved or planned.
2.9 Minimum Descent Altitude - The lowest altitude, expressed in
feet above mean sea level, to which descent is authorized on final
approach or during circle-to-land maneuvering in execution of a standard
instrument approach procedure, where no electronic glide slope is pro-
vided.
2.10 Minimum En Route Altitude - The altitude in effect between
radio fixes which assures acceptable navigational signal coverage and
meets obstruction clearance requirements between those fixes.
2.l1 Minimum Obstruction Clearance Altitude - The specified alti-
tude in effect between radio fixes on VOR airways, off-airway routes, or
route segments which meets obstruction clearance requirements for the
entire route segment and which assures acceptable navigational signal
coverage only within 22 miles of a VOR.
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2.12 Runway - A defined area on an airport prepared for landing
and takeoff of aircraft along its length.
2.13 Visual Runway - A runway intended solely for the operation
of aircraft using visual approach procedures with no straight-in instru-
ment approach procedure and no instrument designation indicated on a
FAA approved airport layout plan, a military services approved military
airport layout plan, or by any planning document submitted to the FAA
by competent authority.
Section 3. AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS
3.1 In order to carry out the provisions of this Section, there
are hereby created and established overlay zones around and adjacent to
public and military airports in Monroe County within which certain height
limitations shall apply. An area located in more than one (1) zone of
the described zones is considered to be only in the zone with the more
restrictive height limitation. The various zones are hereby established
and defined as follows:
3.2 Public Civil Airport Height Zones and Limitations.
3.2.1 Primary Zone - The area longitudinally centered on a
runway, extending 200 feet beyond each end of that runway with the width
so specified for each runway for the most precise approach existing or
planned for either end of the runway. No structure will be permitted
within the primary zone, that is not part of the landing and take-off
area, that is a greater height than the nearest point on the runway
centerline. The width of the primary zone for each runway is as follows:
(1) Key West International - runway 09/27;500 feet.
(2) Marathon Flight Strip - runway 07/25;500 feet.
(3) Port Largo Airport - runway 01/19;250 feet.
3.2.2 Horizontal Zone - The land area extending outward from
the primary zone to a perimeter which is constructed by swinging arcs
of 5,000 feet radius from the center of each end of the primary zone for
the runways at each airport and connecting adjacent arcs by lines tangent
to those arcs. No structure will be permitted in the horizontal zone
that exceeds 150 feet above the established airport elevation. Height
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limits within the horizontal zone for each airport follows:
(1) Key West International - height limit of 154 feet AMSL.
(2) Marathon Flight Strip - height limit of 152 feet AMSL.
(3) Port Largo Airport - height limit of 156 feet AMSL.
3.2.3 Conical and Circling Approach Zone - The area ex-
tending outward from the periphery of the horizontal zone for a speci-
fied distance. The horizontal distance and height limits within the
conical zone of each airport are as follows:
(1) Key West International - 154 feet at the inner boundary
increasing at a rate of one foot vertically for every 20 feet horizon-
tally for a distance of 520 feet to a height of 180 feet AMSL then
remaining level at 180 feet outward for a distance of 4,810 feet then to
a height limit of 320 feet AMSL remaining level for a distance of
3,645 feet. The outside perImeter of the conical zone is 13,975 feet
from the primary zone and encompasses the circling approach area.
(2) Marathon Flight Strip and Port Largo Airport - 150 feet above
airport elevation at the inner boundary increasing at a rate of one foot
vertically for every 20 feet horizontally for a distance of 4,000 feet.
The outside perimeter of the conical surface is 9,000 feet from the
primary zone and 350 feet above airport elevation. Height limitations
at the inner and outer boundary for each airport follows:
(a) Marathon Flight Strip - 158 feet AMSL at inner boundary
to 358 feet AMSL at outer boundary.
(b) Port Largo Airport - 156 feet AMSL at inner boundary to
356 feet AMSL at outer boundary.
3.2.4 Approach Zone - The area longitudinally centered on the
extended runway centerline and proceeding outward from each end of the
primary surface for a horizontal distance of 5,000 feet. The width at
the inner boundary is the same as the primary zone and expands uniformly
to a width at the outer boundary as follows:
(1) Key West International and Marathon Flight Strip - 1,500 feet.
(2) Port Largo Airport - 1,250 feet.
Height limitations within the approach zone are the same as the
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height of that runway end at the inner boundary and increases at the
rate of one foot vertically for every 20 feet horizontally to a height
of 250 feet above airport elevation at the outer boundary.
3.2.5 Transitional Zone - The area extending outward from
the sides of the primary zones and approach zones. Height limits within
the transitional zone are the same as the primary zone or approach zone
it adjoins and increases at a rate of one foot vertically for every
seven feet horizontally with the horizontal distance measured at right
angles to the runway centerline and extended centerline until the
height matches the height of the horizontal zone, which forms the
outer boundary.
3.3 NAS Key West Height Zones and Limitations
3.3.1 Primary Zone - The area longitudinally centered on
each runway with the same length as the runway and is 2,000 feet wide.
No structure that is not a part of the landing and take-off area is
permitted in the primary zone that is of greater height than the nearest
point on the runway.
3.3.2 Clear Zone - The area extending 1,000 feet off each
end of a primary surface and is the same width as the primary surface.
No structure not a part of the landing and take-off area is permitted
that is a greater height than the end of the runway.
3.3.3 Inner Horizontal Zone - The area extending outward
from the periphery of the primary zone with an outer perimeter formed
by sWinging arcs of 7,500 feet radius about the centerline at the end
of each primary zone and connecting adjacent arcs by lines tangent to
these arcs. No structure will be permitted in the inner horizontal zone
of greater height than 156 feet AMSL.
3.3.4 Conical Zone - The area extending outward from the
periphery of the inner horizontal zone for a distance of 7,000 feet.
Height limits in the conical zone commence at 156 feet AMSL at the inner
boundary and increase at a rate of one foot vertically for every 20 feet
horizontally for a distance of 200 feet to a height of 160 feet.
AMSL thence level at 160 feet for a distance of 2,629
feet at which point the height limit increases to 260 feet AMSL thence
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level at 260 feet for a distance of 3,646 feet at which point the height
limit changes to 480 feet AMSL and begins to slope upward at the rate of
one foot vertically for every 20 feet horizontally for a distance of 525
feet to a height of 506 feet AMSL at the outer boundary of the conical
zone.
3.3.5 Outer Horizontal Zone - The area extending outward
from the outer periphery of the conical zone for a distance of 30,000
feet. The height limit with outer horizontal zone is 506 feet AMSL.
3.3.6 Approach Zone - The area longitudinally centered on
each runway extended centerline, with an inner boundary 200 feet out
from the end of the runway and the same width as the primary zone then
extending outward for a distance of 50,000 feet expanding uniformly in
width to 16,000 at the outer boundary. Height limits within the
approach zones commence at the height of the runway end and increase
at the rate of one foot vertically for every 50 feet horizontally for
a distance of 25,000 feet at which point it remains level at 506 feet
AMSL to the outer boundary.
3.3.7 Transitional Zone - The area with an inner boundary
formed by the side of the primary zones, the first 200 feet of the clear
zones and the approach zones then extending outward a right angle to
the runway centerline and extended centerline until the height matches
the adjoining inner horizontal zone, conical zone and outer horizontal
zone height limit. The height limit at the inner boundary is the same
as the height of the adjoining zone and increases at the rate of one
foot vertically for every seven feet horizontally to the outer boundary
of the transitional zone, where it again matches the height of the
adjoining zone.
Section 4. AIRPORT ZONES AND LAND USE RESTRICTIONS
4.1 Public Civil Airport Land Use Restrictions - Overlay zones
are hereby created and established conforming to the boundaries of
horizontal zones as defined in Section 3 of this Article and within which
the following restrictions on the uses permitted by underlying districts
shall apply.
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4.1.1 No residential uses are allowed in this zone.
4.1.2 No schools, public or private, shall be permitted in
this zone.
4.2 NAS Key West Land Use Restrictions - The AICUZ area of that
portion of the County adjacent to and outside the boundaries of the NAS
Key West airfield is determined from airport operation data and depicted
on a map showing a combination of Composite Noise Rating (CNR) zones or
other equivalent noise measurement areas and Accident Potential Zones
(APZ's). The AICUZ area map prepared and furnished to the Zoning
Official by the U. S. Navy shall define an- overlay district in which the
land use regulations provided in this section for AICUZ zones shall apply.
4.2.1 The Land Use Objectives shown in Figure
shall be used
in determining the allowable land uses for the various AICUZ Zones. Each
Land Use Category was evaluated in terms of compatibility within the
various AICUZ Zones. Compatibility for each land use was judged in terms
of density of population, density of structures, explosion hazards, air
pollution, height obstructions, accident potential zones, and composite
noise rating zones. The evaluation resulted in ratings of : (1) no new
development, (2) restricted new development, and (3) no restrictions.
Land Use Categories were rated as restricted new development if any
activity or activities within the category were classified as incompatible.
However, because not all activities within a particular category are incom-
patible, footnotes to Figure
are added to explain areas of concern
which should be considered in evaluating a particular land use.
The various AICUZ Zones are coded as follows:
A Accident Potential Zone A (APZ-A)
(The most critical Accident potential zone)
B3 Accident Potential Zone B (APZ-B)
(That area which has an identifiable accident potential
but less than APZ-A)
B2 Accident Potential Zone B
Moderate Noise Impact - CNR Zone 2
C3 Accident Potential Zone C (APZ-C)
1111 • • 11111
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(That area which is less critical than APZ-C but still may
possess potential for accidents)
High Noise Impact - CNR Zone 3
C2 Accident Potential Zone C
Moderate- Noise Impact - CNR Zone 2
Cl Accident Potential Zone C
Low Noise Impact - CNR Zone 1
3 High Noise Impact - CNR Zone 3
2 No Accident Potential Zone
Moderate Noise Impact - CNR Zone 2
Section 5. VARIANCES
Appeals and variances of the provisions 'of this Article shall be
in accordance with the provisions of Article V, Sections 5 and 6 of this
Ordinance. No application for variance to the requirements of this
Article may be considered by the Board of Adjustment unless a copy of
the application has been furnished to the Florida Department of Trans-
portation, Bureau of Aviation.
Section 6. NONCONFORMING USES
Nonconforming uses, regulations not retroactive. The regulations
prescribed by this Article or any amendment thereto shall not be construed
to require the removal, lowering, or 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 law-.
fully begun prior to establishment of an Airport District and is diligently
prosecuted and completed within the time limit as prescribed by the
Southern Standard 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
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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.
Section 7. ADMINISTRATION AND ENFORCEMENT
It shall be the duty of the Zoning Official 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 Zoning Official. 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 Zoning Board. The Zoning 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.
Section 8. CONFLICTING REGULATIONS
Where there exists a conflict between the regulations or
limitations prescribed in this Article and any other regulations applicable
to the same area, whether the conflict be with respect to the height of
structures or trees, the use of land, or any other matter, the more
stringent limitation or requirement shall govern and prevail. "
Section 78. This Ordinance shall take effect upon receipt of
the official acknowledgment from the Department of State acknowledging
receipt of certified copy of this Ordinance and that said Ordinance has
been filed in said office.
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Monday, December 15, 1975,atl0:l5AM.at the Sub-Courthouse in
Marathon, Monroe County, Florida, the Board of County Commissioners
of Monroe County, Florida, intends to consider the adoption of the
following County Ordinance:
ORDINANCE NO.
-1975
AN ORDINANCE AMENDING ORDINANCE NO. 1 -1973 ENTITLED
"AN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA;
ADOPTING COMPREHENSIVE ZONING RULES AND REGULATIONS;
SETTING FORTH THE AUTHORITY, INTENT, PURPOSE, METHODS,
SHORT TITLE, DEFINITIONS, APPLICATION 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; PRO-
VIDING FOR LEGAL STATUS OF SAID RULES AND REGULATIONS;
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF
SAID ORDINANCE AND PROVIDING AN EFFECTIVE DATE. II AS
AMENDED BY ORDINANCE NO. 6-1973 AND ORDINANCE NO. 5-1974;
BY AMENDING ARTICLE I SETTING FORTH THE AUTHORITY; INTENT,
PURPOSE, METHODS, METHODS AND SHORT TITLE; BY REPEALING
PARAGRAPH 2-14 OF SECTION 2 OF ARTICLE II WHICH DEFINES
BOARD OF ZONING APPEALS AND SUBSTITUTING THEREFORE THE
PHRASE "BOARD OF ADJUSTMENT" AND PROVIDING FOR DEFINITION
THEREOF; BY ADDING PARAGRAPH 2.381 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR THE TERM "DIMENSIONAL VARIANCE"
AND PROVIDING FOR THE DEFINITION THEREOF; BY AMENDING
PARAGRAPH 2.136 OF SECTION 2 OF ARTICLE II TO REDEFINE
THE DEFINITION OF "ZONING DIRECTOR"; BY AMENDING PARAGRAPH
2.40 OF SECTION 2 OF ARTICLE II TO REDEFINE THE TERM
"DIRECTOR"; BY ADDING PARAGRAPH 2 .17 .0 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "BUILDING
OFFICIAL"; BY ADDING PARAGRAPH 2.13.1 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "BOARD OF
ADJUSTMENT"; BY ADDING PARAGRAPH 2.73.1 OF SECTION 2 OF
ARTICLE II TO PROVIDE FOR DEFINITION OF THE TERM "MAJOR
DEVELOPMENT PROJECT"; BY REPEALING PARAGRAPH 2.140 OF
SECTION 2 OF ARTICLE II DEFINING "BUILDING OFFICIAL" AND
SUBSTITUTING THEREFORE THE TERM "ZONING OFFICIAL" AND
PROVIDING FOR THE DEFINITION THEREOF; BY AMENDING PARAGRAPH
2.116 OF SECTION 2 OF ARTICLE II TO ADD THE PHRASE "AND
OVERHANG" UNDER THE DEFINITION OF "SET-BACK"; BY REPEALING
PARAGRAPH 2.132 OF SECTION 2 OF ARTICLE II AND SUBSTITUTING
THEREFORE THE TERM "VARIANCE" AND PROVIDING FOR A DEFINITION
THEREOF; BY TRANSFERRING THE DEFINITION OF "DEAD END CANAL"
CONTAINED IN PARAGRAPH 2.141 OF SECTION 2 OF ARTIICLE II TO
NEW PARAGRAPH 2.38.0 OF SECTION 2 OF ARTICLE II; BY DELETING
ALL PROVISIONS CONTAINED IN SECTION I OF ARTICLE III AND
SUBSTITUTING THEREFORE PARAGRAPHS l.O THROUGH 1.10 OF SEC-
TION I SETTING FORTH ZONING APPLICATION PROCEDURES TO BE
FOLLOWED, WHO MAY FILE ZONING APPLICATIONS, REQUIRING FEE,
DATA AND PROPERTY SKETCHES INCLUDING SKETCHES ADJACENT
PROPERTY WITHIN 1000 FEET, AND REQUIRING NAMES AND ADDRESSES
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OF ALL PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT
PROPERTY, REQUIRING PUBLIC HEARING AFTER LEGAL NOTICE
30 DAYS PRIOR TO HEARING; NOTICE BY MAIL TO ADJACENT
PROPERTY OWNERS, PROVIDING FOR HEARING BY ZONING BOARD
FOR ZONING DISTRICT BOUNDARY CHANGE, SPECIAL EXCEPTION
USE AND TEXT CHANGES TO THE ORDINANCE, PROVIDING FOR
PUBLIC HEARING BY BOARD OF ADJUSTMENTS FOR ALL APPLICA-
TIONS FOR DIMENSIONAL VARIANCES, REQUIRING BOTH BOARDS
TO ACT ONLY AFTER ALL NECESSARY INVESTIGATIONS HAVE
BEEN COMPLETED; PROVIDING FOR APPEAL FROM SAID BOARDS
TO THE BOARD OF COUNTY COMMISSIONERS AFTER PUBLIC
NOTICE OF SAME; REQUIRING BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY TO ACT ON PROPOSED ENACTMENTS OF TEXT
CHANGES TO THE ZONING ORDINANCE; REQUIRING ZONING OFFI-
CIAL TO NOTIFY APPLICANTS OF FINAL ACTION; BY AMENDING
SECTION 3 OF ARTICLE III TO DELETE PREVIOUS PROVISIONS
AND SUBSTITUTE THEREFORE, GENERAL REQUIREMENTS FOR ALL
MAJOR DEVELOPMENT PROJECTS PROVIDING THAT SAME SHALL BE
PROCESSED, REVIEWED AND APPROVED IN ACCORDANCE WITH THE
MONROE COUNTY MAJOR DEVELOPMENT PROJECT ORDINANCE; BY
REPEALING THE PROVISIONS OF PRESENT ARTICLE IV AND
SUBSTITUTING THEREFORE PROVISIONS RELATING TO THE
PURPOSE, APPLICABILITY PROCEDURES, STANDARDS FOR APPROVED
LOT BUILDING AND SIGN REQUIREMENTS, TIME LIMITATIONS AND
REVERSION CLAUSE REGULATING THE ISSUANCE OF SPECIAL
EXCEPTION USES AND PROVIDING FOR PROCESSING AND DECISION
BY THE ZONING BOARD AND APPEAL THEREFROM TO THE MONROE
COUNTY BOARD OF COUNTY COMMISSIONERS; BY AMENDING SECTIONS
2,3,4,5,6 AND 7 OF ARTICLE V RELATING TO AMENDMENTS AND
APPEALS OF THE ZONING BOARD, TO PROVIDE FOR AUTHORIZED
PERSONS OR ENTITIES TO AMEND ZONING ORDINANCE, PROVIDING
FOR GENERAL PROCEDURE FOR AMENDMENTS, DECISION BY THE
ZONING BOARD, PUBLIC NOTICE OF HEARING ON SAME; AUTOMATIC
DENIAL OF REQUESTED AMENDMENT IF NOT ACTED UPON BY THE
ZONING BOARD WITHIN 6 MONTHS, PROVIDING FOR ENACTMENT
BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS;
PROVIDING FOR LIMITATIONS OF APPLICATIONS FOR AMENDMENT
WITHIN 1 YEAR FOR AMENDMENTS PREVIOUSLY DENIED AND FOR
REZONING OF ANY NATURE FOR ZONING PREVIOUSLYDENIED; PRO-
VIDING FOR WAIVER OF LIMITATIONS BY AFFIRMATIVE VOTE OF
FOUR MEMBERS OF ZONING BOARD; PROVIDING FOR APPEAL OF
ZONING DECISIONS BY THE BOARD OF COUNTY COMMISSIONERS WITHIN
30 DAYS OF ZONING DECISION, PROVIDING FOR APPEAL PROCEDURE,
PUBLIC AND WRITTEN NOTICE OF HEARING, PROVIDING FOR STAY
OF CONSTRUCTION DURING APPEAL; PROVIDING FOR APPEALS FROM
DECISIONS OF THE ZONING OFFICIAL TO THE BOARD OF ADJUSTMENT
WITHIN 30DAYS OF SAID DECISION, PROVIDING FOR PUBLIC NOTICE
OF SAID HEARING, PROVIDING FOR A STAY IN CONSTRUCTION
DURING PENDENCY OF APPEAL; PROVIDING FOR APPLICATIONS TO
THE BOARD OF ADJUSTMENT FOR VARIANCES FROM THE ZONING
ORDINANCES, EXCEPTING THEREFROM APPLICATIONS FOR USE
VARIANCES, REQUIRING APPLICATIONS FOR ORDINANCE VARIANCES
AND DIMENSIONAL VARIANCES TO BE SUBMITTED THROUGH THE
ZONING OFFICIAL FOR PROCESSING TOGETHER WITH FEE AND
PLANS AND INFORMATION CONCERNING THE ORDINANCE VARIANCE
REQUESTED, REQUIRING PUBLIC AND WRITTEN NOTICE OF HEARING
ON SAME, SETTING FORTH STANDARDS UPON WHICH REQUESTS FOR
DIMENSIONAL VARIANCES SHALL BE DETERMINED, PROVIDING FOR
APPEAL TO THE BOARD OF COUNTY COMMISSIONERS, PROVIDING
LIMITATION OF 1 YEAR FOR ACTION TO IMPLEMENT ALL GRANTED
MAP AMENDMENTS, SPECIAL EXCEPTION USE OR DIP~NSIONAL
VARIANCE, VOIDING ALL AMENDMENTS NOT SO IM~LEMENTED AFTER
PUBLIC HEARING AND NOTICE TO THE GRANTEE AUTHORIZING THE
ZONING BOARD OR BOARD OF ADJUSTMENT TO GRANT REASONABLE
EXTENSIONS OF TIME FOR IMPLEMENTATION; BY AMENDING
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PARAGRAPHS 1.1 THROUGH l.3 OF SECTION 1 OF ARTICLE VI
TO DELETE THE PREVIOUS PROVISIONS RELATING TO THE
ZONING BOARD AND TO SUBSTITUTE THEREFORE NEW PROVISIONS
FOR A ZONING BOARD CONSISTING OF 5 MEMBERS, PROVIDING
FOR 1 YEAR TERMS AND EXTENSIONS THEREOF, APPOINTMENT BY
THE BOARD OF COUNTY COMMISSIONERS, PROVIDING FOR A SALARY
OF $lOO PER MONTH PER BOARD MEMBER AND TRAVEL REIMBURSE-
MENT, PROVIDING FOR ELECTION OF A CHAIRMAN AND VICE CHAIR-
MAN AND SUCH OTHER OFF ICERS AS THE ZONING BOARD SHALL DEEM
NECESSARY, PROVIDING FOR THE ZONING OFFICIAL TO BE THE
SECRETARY TO SAID BOARD, AUTHORIZING THE BOARD OF COUNTY
COMMISSIONERS TO ADOPT RULES OF PROCEDURE FOR TRANSACTION
OF BOARD BUSINESS, REQUIRING RECORD KEEPING BY BOARD AND
MAKING SAME PUBLIC RECORDS REQUIRING MONTHLY BOARD MEETINGS
TO ALTERNATE BETWEEN PLANTATION KEY, MARATHON AND KEY WEST,
FLORIDA; PROVIDING AUTHORITY AND DUTIES OF ZONING BOARD IN
CONSIDERING AND ACTING UPON APPLICATION FOR DISTRICT BOUN-
DARY CHANGES, SPECIAL EXCEPTION USES, PLANNED UNIT DEVELOP-
MENT PROJECTS, AND MAJOR DEVELOPMENT PROJECTS, EMPOWERING
ZONING BOARD TO REQUEST CHANGES IN REGULATIONS OR RESTRIC-
TIONS CONTAINED IN THE ZONING ORDINANCES TO BE MADE BY THE
BOARD OF COUNTY COMMISSIONERS AND TO ACT IN AN ADVISORY
CAPACITY TO THE BOARD OF COUNTY COMMISSIONERS AND TO MAKE
SUCH STUDIES AND INVESTIGATIONS AS MAY BE REQUESTED BY THE
BOARD OF COUNTY COMMISSIONERS; BY REPEALING THE PROVISIONS
OF PARAGRAPHS 2.1 THROUGH 2.3 OF SECTION 2 OF ARTICLE VI TO
DELETE THE PROVISIONS RELATING TO APPLICATIONS FOR BUILDING
PERMITS AND/OR CERTIFICATES OF OCCUPANCY AND TO SUBSTITUTE
THEREFORE NEW PROVISIONS WHICH PROVIDE FOR A FIVE MEMBER
BOARD OF ADJUSTMENT TO BE APPOINTED FOR ONE YEAR TERMS BY
THE BOARD OF COUNTY COMMISSIONERS REMOVABLE BY 3/5 VOTE
OF THE BOARD OF COUNTY COMMISSIONERS, PROVIDING FOR FILLING
VACANCIES IN OFFICE, PROVIDING FOR ELECTION AMONGST THE
BOARD OF ADJUSTMENT A CHAIRMAN AND VICE CHAIRMAN AS SUCH
OTHER OFFICERS WHICH SAID BOARD MAY FIND NECESSARY, PROVI-
DING FOR THE SECRETARY OF SAID BOARD SHALL BE THE ZONING
OFFICIAL, PROVIDING THE PROCEDURES OF THE BOARD TO BE ADOP-
TED BY THE BOARD OF COUNTY COMMISSIONERS REQUIRING THE
BOARD OF ADJUSTMENTS TO MAINTAIN RECORDS AND MINUTES OF
ALL TRANSACTIONS AND REQUIRING THE SAME TO BE PUBLIC
RECORDS, AUTHORIZING MEETINGS OF SAID BOARD TO BE HELD
AT THE CALL OF THE CHAIRMAN, SECRETARY, OR BOARD, EMPOW-
ERING THE CHAIRMAN OR ACTING CHAIRMAN, REQUIRING ALL
MEETINGS TO BE OPEN TO THE PUBLIC, REQUIRING EACH BOARD
MEMBER'S VOTE TO BE RECORDED AND THE MINUTES AND RECORDS
FILED WITH THE BOARD OF COUNTY COMMISSIONERS, PROVIDING
FOR THE DUTIES OF THE BOARD OF ADJUSTMENT AND AUTHORITY
TO HEAR AND DECIDE APPEALS OF ADMINISTRATIVE OFFICIALS
CHARGED WITH ENFORCEMENT OF THE PROVISIONS OF THIS
ORDINANCE OR RULE OR REGULATION THEREUNDER EXCEPT IN
DECISIONS MADE BY THE BOARD OF COUNTY COMMISSIONERS
SPECIFICALLY DIRECTING SUCH ADMINISTRATIVE OFFICIAL
CONCERNING THE SAME, CONFERRING AUTHORITY OF BOARD OF
ADJUSTMENT TO AUTHORIZE VARIANCES FROM THE TERMS OF THE
REGULATIONS OR RESTRICTIONS IN HARDSHIP OR PUBLIC INTEREST
CASES PROVIDING THE SAME DO NOT CONSTITUTE USE VARIANCES;
BY REPEALING THE PROVISIONS OF SECTION 3 OF ARTICLE VI
RELATING TO "VIOLATIONS II AND SUBSTITUTING THEREFORE
PROVISIONS RELATING TO THE ZONING OFFICIAL PROVIDING
SAID OFFICE TO BE THE DIRECTOR OF THE PLANNING AND
ZONING DEPARTMENT OF MONROE COUNTY, FLORIDA OR HIS
AUTHORIZED REPRESENTATIVE, PRESCRIBING THE PUTIES OFGSAID OFFICIAL TO INCLUDE SERVING AS SECRETARY TO THE
ZONING BOARD AND TO THE BOARD OF ADJUSTMENT, REVIEWING
ALL REQUESTS FOR ZONING AND USE CLEARANCE PRIOR TO THE
ISSUANCE OF BUILDING PERMITS OR CERTIFICATES OF OCCUPAN-
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CIES FOR ANY INDIVIDUAL USE, REQUIRING SAID OFFICIAL TO
REFER ALL SUCH MATTERS TO THE ZONING BOARD FOR ACTION
WHERE THERE IS REASONABLE DOUBT AS TO THE LIKELIHOOD OF
THE PROPOSED USE CONFORMING TO THE APPLICABLE PERFORMANCE
STANDARDS OF THIS ORDINANCE OR THE PERFORMANCE STANDARDS
ESTABLISHED PURSUANT TO CHAPTER 403 OF THE FLORIDA STATUTES,
MAKING SAID OFFICIAL RESPONSIBLE FOR THE GENERAL ADMINISTRA-
TION AND ENFORCEMENT OF THIS ORDINANCE. BY CREATING
PARAGRAPH 4.1 THROUGH 4.3 OF SECTION 4 OF ARTICLE VI TO
RELATING TO APPLICATIONS FOR BUILDING PERMITS AND CERTIFI-
CATES OF OCCUPANCY FOR INDIVIDUAL USE TO REQUIRE SAME TO
BE FORWARDED TO THE ZONING OFFICIAL FOR ZONING AND USE
CLEARANCE PRIOR TO ISSUANCE, REQUIRING ALL SUCH APPLICA-
TIONS TO INCLUDE PLAN OF PROPOSED CONSTRUCTION OR
DEVELOPMENT, DESCRIPTION OF ANY PROPOSED MACHINERY
OPERATIONS PRODUCTS AND SPECIFICATIONS FOR THE MECHANISMS
AND TECHNIQUES USED IN RESTRICTING THE EMISSION OF
DANGEROUS OR OBJECTIONABLE ELEMENTS, REQUIRING WRITTEN
ACKNOWLEDGMENT BY APPLICANT OF THE PROVISION FOR PERFOR-
MANCE CONTAINED SET FORTH IN CHAPTER 403 OF THE FLORIDA
STATUTES AND RULES AND REGULATIONS PROMULGATED THERETO
AND AGREEMENT TO ABIDE BY SAME, REQUIRING CERTIFICATION
FROM APPROPRIATE REGULATORY AGENCIES THAT ADEQUATE WATER,
SANITARY SEWAGE DISPOSAL, STORM DRAINAGE AND HIGHWAY
FACILITIES ARE IN EXISTENCE TO SERVE THE NEEDS AND
REQUIREMENTS OF BOTH THE EXISTING POPULATION AND THE
PROPOSED DEVELOPMENT; REQUIRING ZONING OFFICIAL TO REVIEW
ALL REQUESTS FOR THE ISSUANCE OF ZONING AND USE CLEARANCE
PRIOR TO THE ISSUANCE OF SAID PERMIT OR CERTIFICATE;
REQUIRING ZONING BOARD TO DETERMINE WHETHER OR NOT THE
ZONING AND/OR USE CLEARANCE SHALL BE ISSUED; AUTHORIZING
THE ZONING BOARD TO REQUEST ADVICE AND RECOMMENDATIONS
FROM OUTSIDE SPECIALISTS OR CONSULTANTS IN DETERMINING
THE PROPRIETY OF ZONING OR USE CLEARANCE BEING GRANTED
AND PROVIDING FOR SUCH CONSULTANT COSTS TO BE PAID FOR
BY THE APPLICANT, REQUIRING THE ZONING OFFICIAL TO
INVESTIGATE ZONING VIOLATIONS OR ZONING ORDINANCE
VIOLATIONS AND TO TAKE SUCH ACTION AS IS NECESSARY TO
ENFORCE THE ZONING ORDINANCES; BY CREATING PARAGRAPH 5.l
OF SECTION 5 OF ARTICLE VI RELATING TO VIOLATIONS OF THE
ZONING ORDINANCE, REQUIRING THE ZONING OFFICIAL TO INVES-
TIGATE SAME AND REQUIRING THE ZONING OFFICIAL TO NOTIFY
OFFENDING PARTIES OF SAID VIOLATION AND TO ALLOW THEM A
REASONABLE LENGTH OF TIME TO COME WITHIN REASONABLE CON-
FORMITY; REQUIRING THE ZONING OFFICIAL TO REQUEST LEGAL
COUNSEL TO PETITION THE COURTS FOR INJUNCTION TO REQUIRE
SATISFACTORY CONFORMITY OR IN THE ALTERNATIVE THAT THE
OFFENDER BE PROSECUTED IN THE COUNTY COURT FOR VIOLATION
OF ORDINANCE AND IN LIEU TO PROSECUTION FOR SUCH VIOLATION
AUTHORIZING AND EMPOWERING ANY LEGALLY CONSTITUTED LAW
ENFORCEMENT AGENT OF MONROE COUNTY OR OF THE STATE OF
FLORIDA TO AKE ANY AND ALL NECESSARY ACTION TO ASSURE
ENFORCEMENT OF AND CONFORMITY WITH THIS ZONING ORDINANCE;
PROVIDING FOR VIOLATIONS OF ZONING ORDINANCE SHALL BE
PROSECUTED IN THE NAME OF THE STATE IN THE COUNTY COURT
BY THE PROSECUTING ATTORNEY THEREOF AND, UPON CONVICTION
THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED $500
OR BY IMPRISONMENT IN THE COUNTY JAIL NOT TO EXCEED 60
DAYS OR BY BOTH SUCH FINE AND IMPRISONMENT, MAKING EACH
DAY OF VIOLATION CONSTITUTING A SEPARATE AND DISTINCT
VIOLATION; BY REPEALING THE PROVISIONS OF SECTION 1 OF
ARTICLE VII RELATING TO ACCESS CONTROL AND SUBSTITUTING
THEREFORE PROVISIONS RELATING TO "SET-BACK AND ACCESS
CONTROL ON U.S. 1; BY REPEALING THE PROVISIONS CONTAINED
IN PARAGRAPHS 1.1 THROUGH 1.9 OF SECTION 1 OF ARTICLE VII
AND SUBSTITUTING THEREFORE PARAGRAPHS 1.1 THROUGH 1.11
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TO PROVIDE MINIMUM SET-BACKS OF 25 FEET FROM THE RIGHT-
OF-WAY OF U.S. 1 TO PROHIBIT ACCESS POINTS WITHIN 250
FEET OF A BRIDGE, WITHOUT VARIANCE FROM THE BOARD OF
ADJUSTMENTS TO LIMIT ACCESS ROADS TO 24 FEET IN WIDTH,
TO LIMIT NUMBER OF ACCESS POINTS ALLOWABLE IN ACCORDANCE
WITH LOT WIDTH ABUTTING THE ROAD, TO PROHIBIT POINT OF
ACCESS WITHIN 25 FEET OF INTERSECTION OF THE RIGHT-OF-
WAY LINES OF ANY PUBLIC ROAD; TO REQUIRE PERMIT FROM
ZONING OFFICIAL TO ALTER CURBS OR TO ESTABLISH ACCESS
POINT, TO AUTHORIZE PLANNING AND ZONING DEPARTMENT TO
REQUIRE CONSTRUCTION OF PULLOVER LANES FOR ACCESS TO
COMMERCIAL USES GENERATING TRAFFIC PROBLEMS ON U.S.
HIGHWAY 1 AT THE COST TO APPLICANT, AND TO REQUIRE
CONSTRUCTION OF A MARGINAL ACCESS ROAD TO PROVIDE
LIMITED ACCESS TO U.S. HIGHWAY 1; TO REQUIRE ALL ACCESS
POINTS AND SET-BACKS TO BE BUILT ACCORDING TO THE FLORIDA
DEPARTMENT OF TRANSPORTATION SPECIFICATION; BY REPEALING
THE PROVISIONS CONTAINED IN SECTION 10 OF ARTICLE VII
RELATING TO "CAMPING II AND SUBSTITUTING THEREFORE PROVI-
SIONS MAKING CAMPING EITHER BY MOTOR COACH, BOAT TRAILER,
COLLAPSIBLE CAMPING TRAILERS, TENTS OR BED ROLLS OUTSIDE
OF DESIGNATED AREAS A VIOLATION OF THE ZONING ORDINANCE
PUNISHABLE AS SET FORTH IN THIS ORDINANCE; BY REPEALING
SECTION 19 OF ARTICLE VII TO DELETE THE PROVISIONS
RELATIVE TO LAND AND WATER FILLS, DREDGING, EXCAVATION,
MINING AND QUARRYING AND SUBSTITUTING THEREFORE PROVI-
SIONS REQUIRING SUCH ACTIVITIES TO BE CARRIED OUT ONLY
AFTER PERMIT ISSUED BY THE COUNTY COMMISSION, AND SETTING
FORTH APPLICATION REQUIREMENTS FOR SUCH PERMITS AND
LIMITATIONS AS TO ISSUANCE THEREUNDER; BY REPEALING THE
PROVISIONS OF SECTION 33 OF ARTICLE VII RELATING TO "OVER-
HANGS AND/OR PROTRUSIONS" AND SUBSTITUTING THEREFORE
PROVISIONS PROHIBITING PROTRUSION OF SAME INTO ANY REQUIRED
SET-BACK; BY ADDING SECTION 55 TO ARTICLE VII RELATING TO
"NON-CONFORMING ZONING CLASSIFICATIONS" TO REQUIRE 6 MONTHS
NOTICE TO OFFENDING PROPERTY OWNERS PRIOR TO CONFORMITY
UNDER ORDINANCE; BY ADDING SECTION 56 TO ARTICLE VII RELATING
TO "DRAINAGE" TO REQUIRE ADEQUATE CONSTRUCTION DRAINAGE AND
TO REQUIRE THAT PERMANENT DRAINAGE SYSTEMS MAKE MAXIMUM USE
OF NATURAL DRAINAGE PATTERNS; BY ADDING PARAGRAPHS l.O
THROUGH 1.6 TO SECTION 57 TO ARTICLE VII RELATING TO "AVIA-
TION HAZARDS II TO PROHIBIT LAND USE WHICH INTERFERES WITH
AIRCRAFT; REQUIRING INSTALLATION OF SPECIAL LIGHTING UNDER
CERTAIN CIRCUMSTANCES; BY REPEALING THE PROVISIONS OF PARA-
GRAPHS 3.l THROUGH 3.5 OF SECTION 3 OF ARTICLE VIII RELATING
TO "Z0NING MAPS" AND SUBSTITUTE THEREFORE PROVISIONS REQUIRING
ZONING DISTRICT BOUNDARY MAPS ACCORDING TO SPECIFICATIONS AND
PRESCRIBING ADOPTION PROCEDURES; BY REPEALING THE LAST SEN-
TENCE OF SECTION 1 OF ARTICLE IX RELATING TO THE "GENERAL
AVIATION DISTRICT "; BY REPEALING PARAGRAPHS 3.1 AND 3.2 OF
SECTION 3 OF ARTICLE IX RELATING TO "GENERAL USE DISTRICT";
BY REPEALING SECTION 4 OF ARTICLE IX RELATING TO THE "INTERIM
DISTRICT" OF A GENERAL USE DISTRICT; BY REPEALING SECTION 5
OF ARTICLE IX RELATING TO "GENERAL AIRPORT DISTRICT"; BY
AMENDING PARAGRAPH 3.1.1 OF SECTION 3 OF ARTICLE X TO DELETE
THE WORD "CONVENTIONAL"; BY REPEALING THE PROVISIONS OF
PARAGRAPH 3.1.2 OF SECTION 3 OF ARTICLE X RELATING TO "NON-
PROFIT PARKS AND PLAYGROUNDS" AND SUBSTITUTING THEREFORE
PROVISIONS AUTHORIZING NON-PROFIT PARKS AND PLAYGROUNDS
OWNED AND OPERATED BY RESIDENTS OF THE SUBDIVISION AS A
PERMISSABLE PRINCIPAL USE PERMITTED IN A SINGLE FAMILY
RESIDENTIAL DISTRICT; BY AMENDING THE PROVISIONS OF
PARAGRAPH 3.3.5 OF SECTION 3 OF ARTICLE X TO AUTHORIZE AS
A PERMITTED USE IN A SINGLE FAMILY RESIDENTIAL DISTRICT
AFTER SPECIAL APPROVAL A NON-PROFIT EDUCATIONAL, RECREATIONAL
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AND SOCIAL CENTERS IF OWNED AND OPERATED BY THE RESIDENTS
OF THE SUBDIVISION; BY REPEALING THE PROVISIONS OF PARA-
GRAPH 3.3.6 OF SECTION 3 OF ARTICLE X TO DELETE REFERENCE
TO MODULAR SINGLE FAMILY RESIDENTIAL UNITS; BY AMENDING
PARAGRAPH 3.5.l0 OF SECTION 3 OF ARTICLE X RELATING TO
MAXIMUM PERCENT OF LOT COVERAGE TO REQUIRE INCLUSION OF
EAVES AND OVERHANGS IN SAID CALCULATIONS; BY AMENDING
PARAGRAPH 3.5.11 OF SECTION 3 OF ARTICLE X TO HAVE SET-
BACK REQUIREMENT APPLY ONLY TO MAN-MADE WATERWAYS; BY
ADDING PARAGRAPH 3.5.l2 TO SECTION 3 OF ARTICLE X TO
ESTABLISH MINIMUM SET-BACK FROM HIGH WATER MARK OF ANY
NATURAL WATERWAY TO BE 50 FEET; BY AMENDING PARAGRAPH
3.7 OF SECTION 3 OF ARTICLE X TO PROVIDE THAT SIDE
PROPERTY LINES ON CORNER LOTS MAY BE TREATED AS REAR
SET-BACK LINES; BY REPEALING THE PROVISIONS OF PARAGRAPH
4.1 OF SECTION 4 OF ARTICLE X RELATING TO PRINCIPAL USES
PERMITTED AND SUBSTITUTING THEREFORE THE PHRASE: PERMA-
NENT CONVENTIONAL SINGLE FAMILY DWELLINGS; BY AMENDING
PARAGRAPH 5.5.l OF SECTION 5 OF ARTICLE X TO REQUIRE THE
MINIMUM LIVING AREA FOR A TWO FAMILY DWELLING BE 750 FEET
PER UNIT RATHER THAN 500 SQ. FEET; BY AMENDING PARAGRAPH
5.5.2 OF SECTION 5 OF ARTICLE X TO INCREASE THE MINIMUM
LOT AREA FOR TWO FAMILY DWELLINGS FROM lO,OOO TO 12,000
SQ. FEET; BY AMENDING PARAGRAPH 5.5.4 OF SECTION 5 OF
ARTICLE X TO INCREASE THE MINIMUM LOT DEPTH FOR A TWO
FAMILY DISTRICT FROM 100 FEET TO 120 FEET; BY AMENDING
PARAGRAPH 5.5.12 OF SECTION 5 OF ARTICLE X TO MAKE
PARAGRAPH APPLY ONLY TO MAN-MADE WATERWAYS: BY ADDING
PARAGRAPH 5.5.13 TO SECTION 5 OF ARTICLE X TO REQUIRE
MINIMUM SET-BACKS FROM THE HIGH WATER MARK OF ANY
NATURAL WATERWAY OF 50 FEET;BY AMENDING PARAGRAPH 6.5.1.2
OF SECTION 6 OF ARTICLE X TO INCREASE THE MINIMUM PROJECT
AREA REQUIRED FOR DUPLEX UNITS FROM 500 SQ. FEET TO 750
SQ. FEET; BY AMENDING PARAGRAPH 6.5.1.3 OF SECTION 6 OF
ARTICLE X TO INCREASE THE MINIMUM PROJECT AREA REQUIRED
FOR MULTIPLE FAMILY UNITS FROM 400 SQ. FEET TO 750 SQ.
FEET; BY AMENDING PARAGRAPH 6.5.1.4 OF SECTION 6 OF
ARTICLE X TO INCREASE THE MINIMUM PROJECT AREA REQUIRED
FOR EFFICIENCY UNITS FROM 200 SQ. FEET TO 500 SQ. FEET;
BY AMENDING PARAGRAPH 6.5.2 OF SECTION 6 OF ARTICLE X
TO DELETE REFERENCE TO MINIMUM LOT AREA AND SUBSTITUTE
THEREFORE THE TERM "MINIMUM PROJECT AREA"; BY AMENDING
PARAGRAPH 6.5.2.1 OF SECTION 6 OF ARTICLE X TO DELETE
REFERENCE TO ONE AND TWO FAMILY UNITS AND TO SUBSTITUTE
THEREFORE THE TERM "FOUR ACRES "; BY AMENDING PARAGRAPH
6.5.5.1 OF SECTION 6 OF ARTICLE X TO INCREASE THE
REQUIRED FRONT YARD SIZE FROM 35 FEET TO 100 FEET FOR
LOTS ABUTTING A STATE ROAD OR HIGHWAY; BY AMENDING
PARAGRAPH 6.5.1.3 OF SECTION 6 OF ARTICLE X TO MAKE
MINIMUM SET-BACK REQUIREMENT OF 20 FEET APPLY ONLY TO
MAN-MADE WATERWAYS; BY ADDING PARAGRAPH 6.5.14 TO SECTION
6 OF ARTICLE X TO REQUIRE THE MINIMUM SET-BACK FROM THE
MEAN HIGH WATER MARK OF ANY NATURAL WATERWAY TO BE 50
FEET; BY ADDING PARAGRAPH 7.17.4.5a TO SECTION 7 OF
ARTICLE X TO REQUIRE A MINIMUM SET-BACK FROM THE MEAN
HIGH WATER MARK OF ANY NATURAL WATERWAY OF 50 FEET IN
TOWNHOUSE RESIDENTIAL DISTRICTS; BY AMENDING PARAGRAPH
8.5.11 OF SECTION 8 OF ARTICLE X TO MAKE SET-BACK PRO-
VISION OF 20 FEET THEREIN APPLY ONLY TO MAN-MADE WATER-
WAYS IN A MOBILE HOME RESIDENTIAL DISTRICT; BY ADDING
PARAGRAPH 8.5.11a TO SECTION 8 OF ARTICLE X TO REQUIRE
SET-BACK OF 50 FEET FROM MEAN HIGH WATER MARK OF ANY
NATURAL WATERWAY IN A MOBILE HOME RESIDENTIAL DISTRICT;
BY AMENDING PARAGRAPH 9.5.2.4 OF SECTION 9 OF ARTICLE X
TO MAKE MINIMUM SET-BACK REQUIREMENT OF 20 FEET APPLY
ONLY TO MAN-MADE WATERWAYS LOCATED IN MOBILE HOME PARK
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RESIDENTIAL DISTRICTS; BY ADDING PARAGRAPH 9.5.2.4a TO
REQUIRE A 50 FOOT SET-BACK REQUIREMENT FROM THE MEAN HIGH
WATER MARK OF ANY NATURAL WATERWAY LOCATED IN A MOBILE
HOME PARK RESIDENTIAL DISTRICT; BY AMENDING PARAGRAPH
ll.8.11 OF SECTION II OF ARTICLE X TO MAKE MINIMUM SET-
BACK REQUIREMENT OF 20 FEET APPLY ONLY TO MAN-MADE WATER-
WAYS LOCATED IN A RESIDENTIAL TOURIST DISTRICT; BY ADDING
PARAGRAPH ll.8.12 TO SECTION 11 OF ARTICLE X TO REQUIRE A
MINIMUM SET-BACK OF 50 FEET FROM MEAN HIGH WATER MARK OF
ANY NATURAL WATERWAY LOCATED IN A RESIDENTIAL TOURIST
DISTRICT; BY REPEALING PARAGRAPH 3.4.3 OF SECTION 3 OF
ARTICLE XI WHICH PROHIBITS ALCOHOLIC BEVERAGE WHOLESALING,
RETAILING AND SERVING ESTABLISHMENTS IN A LIGHT BUSINESS
DISTRICT; BY AMENDING PARAGRAPH 3.5.2.8 OF SECTION 3 OF
ARTICLE XI TO REDUCE THE MAXIMUM PERCENT OF LOT COVERAGE
ALLOWABLE IN A LIGHT BUSINESS DISTRICT FROM 80% TO 50%;
BY AMENDING PARAGRAPH 3.5.2.9 OF SECTION 3 OF ARTICLE XI
TO MAKE 20 FOOT SET-BACK REQUIREMENT APPLY ONLY TO MAN-
MADE WATERWAYS LOCATED IN LIGHT BUSINESS DISTRICTS; BY
ADDING PARAGRAPH 3.5.2.9a TO SECTION 3 OF ARTICLE XI TO
REQUIRE 50 FEET SET-BACK FROM MEAN HIGH WATER MARK OF ANY
NATURAL WATERWAY LOCATED IN A LIGHT BUSINESS DISTRICT; BY
AMENDING PARAGRAPH 3.5.5.10 OF SECTION 3 OF ARTICLE XI TO
MAKE 20 FOOT SET-BACK REQUIREMENT APPLY ONLY TO MAN-MADE
WATERWAYS LOCATED IN A MEDIUM BUSINESS DISTRICT; BY ADDING
PARAGRAPH 3.5.5.11 TO SECTION 3 OF ARTICLE XI TO REQUIRE
50 FEET SET-BACK REQUIREMENTS FROM HIGH WATER MARK OF ANY
NATURAL WATERWAY LOCATED IN A MEDIUM BUSINESS DISTRICT;
BY REPEALING PARAGRAPH 4.4.4 OF SECTION 4 OF ARTICLE XI
TO DELETE FROM THE USES PROHIBITED A MEDIUM BUSINESS
DISTRICT THE WHOLESALING, RETAILING AND SERVING OF
ALCOHOLIC BEVERAGES; BY AMENDING PARAGRAPH 4.5.1.2 OF
SECTION 4 OF ARTICLE XI TO DECREASE THE MINIMUM LOT DEPTH
REQUIRED IN MEDIUM BUSINESS DISTRICT FROM 150 FEET TO
100 FEET; BY AMENDING PARAGRAPH 4.5.1.9 OF SECTION 4 OF
ARTICLE XI TO DECREASE THE REQUIREMENT OF MAXIMUM PERCENT
OF LOT COVERAGE PERMITTED IN A MEDIUM BUSINESS DISTRICT
FROM 80% TO 50%; BY AMENDING PARAGRAPH 4.5.1.10 OF SECTION
4 OF ARTICLE XI TO DECREASE THE MINIMUM SET-BACK REQUIRED
FROM ANY WATERWAY LOCATED IN A MEDIUM BUSINESS DISTRICT FROM
25 FEET TO 20 AND TO MAKE SAID SET-BACK APPLY ONLY TO MAN-
MADE WATERWAYS; BY ADDING PARAGRAPH 4.5.1.11 TO SECTION 4
OF ARTICLE XI TO REQUIRE SET-BACK OF 50 FEET FROM THE HIGH
WATER MARK OF ANY NATURAL WATERWAY LOCATED IN A MEDIUM
BUSINESS DISTRICT; BY AMENDING PARAGRAPH 5.2 OF SECTION 5
OF ARTICLE XI TO PROVIDE THAT BEER ONLY, BEER AND WINE,
BEER, WINE AND LIQUOR MAY BE SOLD IN A LIGHT BUSINESS DISTRICT,
A MULTIPLE FAMILY RESIDENTIAL DISTRICT, AND IN A TOWNHOUSE
RESIDENTIAL DISTRICT UNDER CERTAIN CONDITIONS AND UPON
APPROVAL OF THE ZONING BOARD; BY REPEALING PARAGRAPHS 1.2
THROUGH 1.4.7 OF SECTION 1 OF ARTICLE XII AND SUBSTITUTING
THEREFORE PARAGRAPHS 2.1 THROUGH 2.9 OF SECTION 2 OF
ARTICLE XII RELATING TO PROCEDURE APPLICABLE TO PLANNED
UNIT DEVELOPMENT, REQUIRING AN ADVISORY MEETING WITH THE
ZONING OFFICIAL BY APPLICANT AND SUBMISSION OF A PRELIMINARY
PLANNED UNIT DEVELOPMENT PLAT; REQUIRING REVIEW OF APPLICA-
TION AND PLAT BY ZONING BOARD, REQUIRING AMENDMENT TO ZONING
DISTRICT MAP IN CASES OF APPROVAL AND REQUIRING ZONING BOARD
TO GIVE WRITTEN AUTHORIZATION TO APPLICANT TO PREPARE FINAL
DEVELOPMENT PLAT IN CASES OF APPROVAL, REQUIRING FINAL
PROJECT PLAT TO BE SUBMITTED TO ZONING BOARD FOR REVIEW AND
APPROVAL; REQUIRING APPROVED FINAL pLATS TO BE RECORDED IN
THE PUBLIC RECORDS OF MONROE COUNTY, REQUIRING DEVELOPMENT
ONLY IN ACCORDANCE WITH APPROVED AND RECORDED FINAL DEVELOP-
MENT PLAT, REQUIRING ALL MAJOR CHANGES TO AN APPROVED FINAL
DEVELOPMENT PLAT TO BE APPROVED IN LIKE MANNER AS THE ORIGI-
-8-
NAL APPROVAL; BY ADDING SECTION 3 TO ARTICLE XII TO PROVIDE
FOR LEGAL EFFECT OF A PLANNED DEVELOPMENT DISTRICT IN DETER-
MINING THE ISSUANCE OF ZONING AND USE CLEARANCES AND BUILDING
PERMITS AND CERTIFICATES OF OCCUPANCY, MAKING DEVIATION FROM
THE APPROVED FINAL PLAT A VIOLATION OF THIS ZONING ORDINANCE;
BY ADDING SECTION 4 TO ARTICLE XII TO SET FORTH PERMISSABLE
USES IN A PLANNED DEVELOPMENT PROJECT SHALL BE SET FORTH IN
THE APPROVED FINAL PLAT; BY ADDING PARAGRAPHS 5.1 THROUGH
5.8, SECTION 5 ARTICLE XII TO SET FORTH DEVELOPMENT REQUIRE-
MENTS FOR A PLANNED DEVELOPMENT DISTRICT, REQUIRING A MINIMUM
AREA OF FIVE ACRES~ CONSTRUCTION WITHIN ONE YEAR OF APPROVAL
OF FINAL PLAT, PROVIDING FOR REVISION TO PREVIOUS ZONING IF
NOT SO CONSTRUCTED, AUTHORIZING TIME EXTENSIONS BY THE ZONING
BOARD, AUTHORIZING THE REQUIREMENT FOR A DETAILED STATEMENT
OF PROPOSAL, COVENANTS, AGREEMENTS OR OTHER DOCUMENTS, SHOWING
OWNERSHIP AND METHOD OF ASSURING PERPETUAL MAINTENANCE;
FINANCIAL STATEMENT OF APPLICANT, BOND TO INSURE INSTALLATION
OF IMPROVEMENTS, MAKING ALL PROPOSED SUBDIVISIONS WITHIN A
PLANNED DEVELOPMENT DISTRICT SUBJECT TO THE PROVISIONS OF
ARTICLE XII, REQUIRING ALL FUTURE SUBDIVISIONS WITHIN SUCH
A DISTRICT TO COMPLY WITH THE CONDITIONS AND RESTRICTIONS
CONTAINED IN THE FINAL DEVELOPMENT PLAT; REQUIRING ALL CON-
STRUCTION WITHIN A PLANNED DEVELOPMENT DISTRICT TO BE COM-
PLETED WITHIN 2 YEARS OF THE APPROVAL OF THE FINAL PLAT, OR
SUCH EARLIER DATE AS MAY BE REQUIRED BY THE ZONING BOARD,
AUTHORIZING THE GRANTING OF REASONABLE TIME EXTENSIONS; BY
ADDING PARAGRAPHS 6.1 THROUGH 6.8.9, SECTION 6, ARTICLE XII
TO SET FORTH GENERAL STANDARDS TO BE FOLLOWED BY THE ZONING
BOARD IN THE APPROVAL OF PLANNED DEVELOPMENT DISTRICTS;
BY ADDING PARAGRAPH 7.l THROUGH 7.9, SECTION 7, ARTICLE XII
TO AUTHORIZE THE ZONING BOARD TO REQUIRE SPECIAL CONDITIONS
AND SETTING FORTH THE NATURE THESE SPECIAL CONDITIONS MAY
CALL FOR; BY ADDING PARAGRAPHS 8.l THROUGH 8.l3, SECTION 8,
ARTICLE XII TO REQUIRE APPLICANTS SEEKING TO REZONE LANDS
TO A PLANNED UNIT DEVELOPMENT TO ATTACH AS A PART OF THE
REZONING PETITION DETAILS AS TO THE PROPOSED DEVELOPMENT
PLAN; BY ADDING PARAGRAPHS 9.1 THROUGH 9.8, SECTION 9,
ARTICLE XII TO SET FORTH THE STANDARDS TO BE APPLIED BY
THE ZONING BOARD IN DETERMINING WHETHER AN APPLICATION TO
REZONE A PLANNED UNIT DEVELOPMENT SHOULD BE GRANTED; BY
AMENDING PARAGRAPH 4.13 OF SECTION 4 OF ARTICLE XIII TO
PROVIDE THAT SIGNS ON A BUSINESS OWNED VEHICLE BEING EXEMPT
FROM PERMIT REQUIREMENTS SHALL NOT BE USED AS A PERMANENT
SIGN IN AN EFFORT TO CIRCUMVENT THE PROVISIONS OF THIS
ORDINANCE; BY REPEALING THE PROVISIONS CONTAINED IN PARA-
GRAPH 9.2 OF SECTION 9 OF ARTICLE XIII AND SUBSTITUTING
THEREFORE THE REQUIREMENT THAT THE TOTAL SQUARE FOOTAGE OF
CLASS A SIGNS NOT EXCEED ONE PERCENT OF THE TOTAL LOT OR
PARCEL WHEREON THE SAME IS LOCATED; BY AMENDING PARAGRAPH
10.6 OF SECTION 10 OF ARTICLE XIII TO DELETE SET-BACK
REQUIREMENT FOR EXEMPT SIGNS OF 4 SQUARE FEET OR LESS AND
TO REQUIRE ALL OTHER SIGNS TO BE SET-BACK NO LESS THAN 15
FEET FROM A RIGHT-OF-WAY; BY AMENDING PARAGRAPH ll.l OF
SECTION II OF ARTICLE XIII TO REDUCE THE PERMISSABLE SIZE
OF CLASS A SIGNS FROM 320 SQUARE FEET TO 200 SQUARE FEET;
BY ADDING PARAGRAPH 12.4 TO SECTION 12 OF ARTICLE XIII TO
REQUIRE ALL SIGNS TO BE BUILT ON CONVENTIONAL FOUNDATIONS
OF WOOD, CONCRETE OR STEEL SECURELY ANCHORED INTO THE GROUND
EXCEPT SIGNS UPON BU~NESS VEHICLES, DECLARING ALL OTHER
SIGNS TO BE NON-CONFORMING; BY TRANSFERRING SECTION 1
THROUGH 3 OF ARTICLE XIV TO BECOME SECTION 1 THROUGH 3
RESPECTIVELY OF ARTICLE XV; BY ADDING PARAGRAPHS 1.1
THROUGH 1.3, SECTION 1, ARTICLE XIV RELATING TO ESTABLISH-
MENT OF AIRPORT DISTRICT, PROVIDING PURPOSE AND SCOPE; BY
ADDING PARAGRAPHS 2.1 THROUGH 2.13, SECTION 2, ARTICLE XIV
PROVIDING DEFINITIONS OF TERMS; BY ADDING PARAGRAPHS 3.l
-9-
THROUGH 3.3.7, SECTION 3, ARTICLE XIV TO CREATE AND
ESTABLISH AIRPORT ZONES AND AIRSPACE HEIGHT LIMITATIONS
IN MONROE COUNTY TO APPLY AT KEY WEST INTERNATIONAL,
MARATHON FLIGHT STRIP AND PORT LARGO AIRPORT; BY ADDING
PARAGRAPHS 4.l THROUGH 4.2.l, SECTION 4, ARTICLE XIV TO
PROVIDE AIRPORT ZONES AND LAND USE RESTRICTIONS; BY ADDING
SECTION 5, ARTICLE XIV TO PROVIDE FOR ISSUANCE OF AIRPORT
ZONE VARIANCES BY BOARD OF ADJUSTMENT UPON APPLICATION;
BY ADDING SECTION 6, ARTICLE XIV RELATING TO NON-CONFORMING
USES IN AIRPORT ZONE, PROHIBITING PROPERTY OWNERS FROM
ALLOWING THE GROWTH OF TREES IN EXCESS OF HEIGHT LIMITATIONS;
BY ADDING SECTION 7, ARTICLE XIV TO PROVIDE FOR ADMINISTRA-
TION AND ENFORCEMENT OF AIRPORT ZONE REQUIREMENTS BY THE
ZONING OFFICIAL, REQUIRING NOTICE TO OFFENDER PRIOR TO
ENFORCEMENT, PROVIDING ZONING OFFICIAL WITH AUTHORITY TO
REQUIRE CONFORMITY WITH AIRPORT DISTRICT REGULATIONS; BY
ADDING SECTION 8, ARTICLE XIV TO PROVIDE SAID AIRPORT
DISTRICT PROVISIONS SHALL CONTROL OVER CONFLICTING
REGULATIONS; AND PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 21st day of November,
A.D. 1975.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and
ex officio Clerk of the Board
of County Commissioners of
Monroe County, Florida
(SEAL)
Publish: Monday, November 24, 1975.
i, .
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~c'r11.tat1! llf ~taft
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
19041 488-3918
BRUCE A. SMATHERS
DAVID C. MACNAMARA
SECRETARY OF STATE
Assistant Secretary of State
December 29, 1975
Honorable Ralph W. White
Clerk of the Circuit Court
Monroe County
Key West, Florida
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of December 22, and certified copies
of Monroe County Ordinances Nos. 75-17 through 75-21. These ordi-
nances were received and filed in this office December 29, 1975.
Kindest regards.
Cordially J
BRUCE A. SMATHERS
Secretary of State
NK/mp
-z
By /
(Mrs. ) Nanc~ Kavanaugh
.i
eref, Bj U of Laws
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PROOF OF PUBLICATION
The Nell iiii est (Jttizett
Published Daily
Key West,Monroe County,Florida
STATE OF FLORIDA
COUNTY OF MONROE f ss.
Before the undersigned authority personally appeared Thomas J. Samoly
,who on oath says that he is
Advertising Manager ,of The Key West Citizen,
a daily newspaper published at Key West in Monroe County,Florida; that the attached copy
of advertisement, being a
NOTICE OF INTENTION TO CONSTDERADOPTION
in the matter of County Ordinance, ordinance No.
1975 Ordinance
No. -1-1973. Entitled "an ordinance relating to
Monroe County, Fla;
was published in said newspaper in the issues of November 25, 1975
Affiant further says that the said The Key West Citizen is a newspaper published at Key
West, in said Monroe County, Florida, and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida,each day (except Saturdays) and has
been entered as second class mail matter at the post office in Key West, in said Monroe
County,Florida,for a period of one year next preceeding the first publication of the attached
copy of advertisement; and affiant further says that he has neither paid nor promised any
person, firm or corporation any discount, rebate, commission or refund for the purpose of
securing this advertisement for publication in the said newspaper.
(SEAL)
Sworn to and subscribed before me this /0
ARy rtlstre$TAlE
NY COMMISStOW EXPIR E FLORIDA Al LAR
day of S?�i�l1& �-- .D.19 ��� D DULY 10, I979
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PROVIDE MINIMUM SET-BACKS OF 25 PARK RESIDENTIAL DISTRICTS; If
NOTICE OF INTENTION TO CONSIDER : AWEIMBURSEMeNT, NIDYI'DINO FOR FEET FROM THE RIGHT-OF•WAY OF ADDING PARAGRAPH 9.5:2.40 IC
-ADOPTION OF COUNTY ORDINANCE '.ELECTION OF A CHAIRMAN AND VICE U.S. 1 TO PROHIBIT ACCESS POINTS REQUIRE A 50 FOOT SET-BACK
• 2 CHAIRMAN AND SUCH OTHER OF• WITHIN 250 FEET OF A BRIDGE, REQUIREMENT FROM THE MEAN HIGH
NOTICE IS HEREBY GIVEN TO WHOM FICERS AS THE ZONING BOARD SHALL WITHOUTVARIANCE FROM THE BOARD WATER MARK OF ANY NATURAL
IT ,MAY CONCERN that on Monday, DEEM NECESSARY, PROVIDING FOR OF ADJUSTMENTS TO LIMIT ACCESS WATERWAY LOCATED IN A MOBILE
December 15,1975,at 10:15 A.M..at the Sub• THE ZONING- OFFICIAL TO -B,E THE ROADS TO 24 FEET IN WIDTH,TO LIMIT HOME PARK RESIDENTIAL DISTRICT;
Courthouse In Marathon, Monroe County, SECRETARY TO 'SAID BOARD, NUMBER ''QF , ACCESS POINTS BY AMENDING PARAGRAPH 11,1.11 OF
Florida,the Board of County Commissioners AUTHORIZING THE BOARD OF COUNTY ALLOWABLE IN ACCORDANCE WITH SECTION 11 OF ARTICLE X TO MAKE
of Monroe County,Florida,intends 10 con- COMMISSIONERS TO ADOPT RULES OF LOT WIDTH ABUTTING THE ROAD,TO MINIMUM SET-BACK REQUIREMENT
slder the adoption of the following County PROCEDURE FOR TRANSACTION OF PROHIBIT POINT OF ACCESS WITHIN 25 OF 20 FEET APPLY ONLY TO MAN•MADE
Ordinance. BOARD BUSINESS, REQUIRING, FEET OF INTERSECTION:OF THE WATERWAYS LOCATED IN A
- RECORD KEEPING BY BOARD AND •R1OHT.OF-WAY LINES OF ANY PUBLIC RESIDENTIAL TOURIST DISTRICT; BY
• ORDINANCE NO.-1175 MAKING SAME PUBLIC RECORDS ROAD; TO REQUIRE PERMIT FROM ADDING PARAGRAPH 11.1.12 TO SEC.
REQUIRING MONTHLY BOARD ZONING OFFICIAL TO ALTER CURBS OR TION 11 OF ARTICLE X TO REQUIRE A
AN ORDINANCE AMENDING OR- MEETINGS TO ALTERNATE BETWEEN TO ESTABLISH.ACCESS POINT, TO MINIMUM SET-BACK OF SO FEET FROM
DINANCE NO. 1.1973 ENTITLED "AN PLANTATION KEY, MARATHON AND AUTHORIZE PLANNING AND ZONING MEAN HIGH WATER MARK OF ANY
ORDINANCE RELATING TO MONROE "KEY WEST, FLORIDA; PROVIDING DEPARTMENT TO REQUIRE CON- NATURAL WATERWAY LOCATED IN A
COUNTY, FLORIDA; ADOPTING COM- AUTHORITY AND DUTIES or ZONING STRUCTION OF PULLOVER LANES FOR RESIDENTIAL TOURIST DISTRICT; BY
' PREMENSIVE ZONING RULES AND BOARD IN CONSIDERING AND ACTING ACCESS TO COMMERCIAL USES REPEALING PARAGRAPH 3.4.3 OF
REGULATIONS; SETTING FORTH THE UPON APPLICATION FOR DISTRICT GENERATING TRAFFIC PROBLEMS ON SECTION 3 OF ARTICLE XI WHICH
AUTHORITY, INTENT, PURPOSE, BOUNDARY CHANGES, SPECIAL EX• .U.S. HIGHWAY 1 AT THE COST.TO AP- PROHIBITS ALCOHOLIC BEVERAGE
METHODS, SHORT TITLE, DE- CEPTION USES, PLANNED UNIT PLICANT., AND:TO REQUIRE CON- WHOLESALING, RETAILING AND
F!N•1.71 0 N 5, A P P L I CAT I 0 N DEVELOPMENT PROJECTS, AND ST,RU• f .CIF-A MARGINAL ACCESS SERVING ESTABLISHMENTS IN A LIGHT
PROCEDURES, AND SPECIAL EX-,. MAJOR DEVELOPMENT PROJECTS, ROI►DN ROVI'DE LIMITED ACCESS TO BUSINESS DISTRICT; BY AMENDING
CEPTIONS; PROVIDING FOR AMEND. EMPOWERING ZONING BOARD TO .WS, AN 1; TO REQUIRE ALL PARAGRAPH 3.5.2.1 OF SECTION 3 OF
MENTS AND APPEALS, AD_ REQUEST CHANGES IN REGULATIONS ACCES INTS AND SETBACKS TO BE ARTICLE XI TO REDUCE THE
MINISTRATION AND ENFORCEMENT, OR RESTRICTIONS CONTAINED IN THE BUILT ACCORDING TO THE FLORIDA MAXIMUM PERCENT OF LOT
GENERA! PROVISIONS, ZONING, ZONING ORDINANCES TO BE MADE BY DEPARTMENT OF TRANSPORTATION COVERAGE ALLOWABLE IN A LIGHT
GENERAL USE, RESIDENTIAL, THE BOARD OF COUNTY COM SPECIFICATION; BY REPEALING THE BUSINESS DISTRICTFROMLOPERCENT
BUSINESS DISTRICTS, AND PLANNED MISSIONERS AND TO ACT IN AN AD- PROVISIONS CONTAINED IN SECTION 10 TO 50 PER CENT; BY AMENDING
UNIT DEVELOPMENTS; 7'-EOULATING VISORY CAPACITY TO THE BOARD OF OF ARTICLE VII_RELATING TO"CAM- PARAGRAPH Z.S.2.9 OF SECTION 3 OF
�St:INS;HRUVt OI1MG FOR'LEG?L-STATUS COUNTY COMMISSIONERS AND_TO PING" AND SUBSTITUTING ARTICLE XI TO MAKE 20-FOOT SET-
OF SAID RULES AND REGULATIONS; MAKE SUCH STUDIES AND IN- THEREFORE PROVISIONS MAKING BACK-REQUIREMENT APPLY ONLY TO
PROVIDING PENALTIES FOR VESTIGATIONS AS MAY BE REQUESTED CAMPING EITHER BY MOTOR COACH, MANMADE WATERWAYS LOCATED IN
VIOLATIONS O THE PROVISIONS OF BY THE BOARD OF COUNTY COM- BOAT TRAILER, COLLAPSIBLE CAM- LIGHT BUSINESS DISTRICTS; BY AD-
SAID ORDINANCE AND PROVIDING AN MISSIONERS; BY REPEALING THE PING TRAILERS,TENTS OR BED ROLLS DING PARAGRAPH 3.5.2.97;TO SECTION 3
EFFECTIVE DATE."AS AMENDED BY PROVISIONS OF PARAGRAPHS 2.1 OUTSIDE OF DESIGNATED AREAS A OF ARTICLE XI TO REQUIRE 50 FEET
ORDINANCE NO.6-1973 AND ORDINANCE THROUGH2.3OFSECTION2OFARTICLE VIOLATION OF THE ZONING OR• SET-BACK FROM MEAN HIGH WATER
NO. 5-1974; BY AMENDING ARTICLE I VI TO DELETE THE PROVISIONS DINANCE PUNISHABLE AS SET FORTH MARK OF ANY NATURAL WATERWAY
SETTING FORTH THE AUTHORITY RELATING TO APPLICATIONS FOR IN THIS ORDINANCE; BY REPEALING LOCATED IN A LIGHT BUSINESS
INTENT, PUR POSE, METHODS, BUILDING PERMITS AND•OR CER• SECTION 19 OF ARTICLE VII TO DELETE DISTRICT;BY AMENDING PARAGRAPH
METHODS AND SHORT TITLE; BY TIFICATES OF OCCUPANCY AND TO THE PROVISIONS RELATIVE TO LAND 3.55.100F SECTION 3 OF ARTICLE XI TO
REPEALING PARAGRAPH 2.14 OF SUBSTITUTE THEREFORE NEW AND WATER FILLS, DREDGING, EX- MAKE 20 FOOT SET-BACK REQUIRE-
SECTION 2 OF ARTICLE II WHICH PROVISIONS WHICH PROVIDE FOR A CAVATION, MINING AND QUARRYING MENT APPLY ONLY TO MAN•
DEFINES BOARD OF ZONING APPEALS FIVE MEMBER BOARD OF AD. AND SUBSTITUTING THEREFORE MADE WATER-WAYS LOCATED IN A
AND SUBSTITUTING THEREFORE THE JUSTMENTTOBEAPPOINTEDFORONE PROVISIONS REQUIRING SUCH AC- MEDIUM BUSINESS DISTRICT; BY
PHRASE "BOARD OF ADJUSTMENT" YEAR TERMS BY THE BOARD OF TIVITIES TO BE CARRIED OUT ONLY ADDING PARAGRAPH 3.5.5.11 TO
AND PROVIDING FOR DEFINITION COUNTY COMMISSIONERS REMOVABLE AFTER PERMIT ISSUED BY THE SECTION 3 OF ARTICLE XI
THEREOF; BY ADDING PARAGRAPH BY3-S VOTE OF ENE BOARD OFCOUNTY COUNTY COMMISSION, AND SETTING TO REQUIRE S0 FEET SET-BACK
2.381 OF SECTION 2 OF ARTICLE II TO COMMISSIONERS, PROVIDING FOR FORTH APPLICATION REQUIREMENTS REQUIREMENTS FROM HIGH WATER
PROVIDE FOR THE TERM "DIMEN- FILLING VACANCIES IN OFFICE, FOR SUCH PERMITS AND LIMITATIONS MARK OF ANY NATURAL WATER-
SIONAL VARIANCE" AND PROVIDING PROVIDING FOR ELECTION AMONGST AS TO ISSUANCE THEREUNDER; BY WAY LOCATED IN A MEDIUM BUS-
FOR THE DEFINITION THEREOF; BY THE BOARD OF ADJUSTMENT A REPEALING THE PROVISIONS OF INESS DISTRICT; BY REPEAL-
AMENDING PARAGRAPH 2.136 OF CHAIRMAN AND VICE CHAIRMAN AS SECTION 33 OF ARTICLE VII RELATING ING PARAGRAPH 4,4.4 OF SECTION
SECTION2OFARTICLEIITOREDEFINE SUCH OTHER OFFICERS WHICH SAID TO "OVERHANGS AND-OR PRO- 4 OF ARTICLE XI TO DELETE
TI-IE DEFINITION OF "ZONING BOARD MAY FIND 'NECESSARY, TRUSIONS" AND SUBSTITUTING FROM,THE USES•PROHIBITED A
DIRECTOR"; BY AMENDING PROVIDING FOR THE SECRETARY OF T H E R E FORE PROVISIONS MEDIUM BUSINESS DISTRICT THE
PARAGRAPH 2.40 OF SECTION 2 OF SAID BOARD SHALL BE THE ZONING PROHIBITING PROTRUSION OF SAME WHOLESALING, RETAILING AND
ARTICLE II TO REDEFINE THE TERM OFFICIAL, PROVIDING THE INTO ANY REQUIRED SET-BACK; BY SERVING OF ALCOHOLIC BEVERAGES;
"DIRECTOR";BY ADDING PARAGRAPH PROCEDURES OF THE BOARD TO BE ADDING SECTION SS TO ARTICLE VII BY AMENDING PARAGRAPH 4.5.1.2 OF
2.17.0 OF SECTION 2 OF ARTICLE II TO ADOPTED BY THE BOARD OF COUNTY RELATING TO "NON-CONFORMING SECTION 4 OF ARTICLE XI TO
PROVIDE FOR DEFINITION OF THE COMMISSIONERS REQUIRING THE ZONING CLASSIFICATIONS" TO DECREASE THE MINIMUM LOT DEPTH
TERM "BUILDING OFFICIAL"; BY BOARD OF ADJUSTMENTS TO MAIN- REQUIRE 6 MONTHS NOTICE TO OF- REQUIRED IN MEDIUM BUSINESS
ADDING PARAGRAPH 2.13.1 OF SEC- TAIN RECORDS AND MINUTES OF ALL FENDING PROPERTY OWNERS PRIOR DISTRICT FROM 150 FEET TO 100 FEET;
TION 20F ARTICLE II TO PROVIDE FOR TRANSACTIONS AND REQUIRING THE TO CONFORMITY UNDER ORDINANCE; BY AMENDING PARAGRAPH 4.5.1.9 OF
DEFINITION OF THE TERM"BOARD OF SAME TO BE PUBLIC RECORDS, BY ADDING SECTION 56 TO ARTICLE VII SECTION 4 OF ARTICLE XI TO
ADJUSTMENT"; BY ADDING AUTHORIZING MEETINGS OF SAID RELATING TO "DRAINAGE" TO DECREASE THE REQUIREMENT OF
PARAGRAPH 2.73.1 OF SECTION 2 OF BOARD TO BE HELD AT THE CALL OF REQUIRE ADEQUATE CONSTRUCTION MAXIMUM PER CENT OF LOT
ARTICLE II TO PROVIDE FOR THE CHAIRMAN, SECRETARY, OR DRAINAGE AND TO REQUIRE THAT COVERAGE PERMITTED IN A MEDIUM+
7EFINITION OF THE TERM "MAJOR BOARD,EMPOWERING THE CHAIRMAN PERMANENT DRAINAGE SYSTEMS BUSINESS DISTRICT FROM80 PER CENT
DEVELOPMENT PROJECT"; BY OR ACTING CHAIRMAN, REQUIRING• MAKE MAXIMUM USE OF NATURAL TO 50 PER CENT; BY AMENDING
REPEALING PARAGRAPH 2.140 OF ALL MEETINGS TO BE OPEN TO THE DRAINAGE PATTERNS; BY ADDING PARAGRAPH 43.1.10 OF SECTION 4 OF
SECTION 2 OF ARTICLE II DEFINING PUBLIC, REQUIRING EACH BOARD PARAGRAPHS 1,0 THROUGH 1.6 TO ARTICLE XI TO DECREASE THE
"BUILDING OFFICIAL" AND SUB- MEMBER'S VOTE TO BE RECORDED SECTION 57 TO ARTICLE VII RELATING MINIMUM SET-BACK REQUIRED FROM
STITUTING THEREFORE THE TERM AND THE MINUTES AND RECORDS TO"AVIATION HAZARDS"TO PROHIBIT ANY WATERWAY LOCATED IN A
ZONING OFFICIAL" AND PROVIDING FILED WITH THE BOARD OF COUNTY LAND USE WHICH INTERFERES WITH MEDIUM BUSINESS DISTRICT FROM 25
FOR THE DEFINITION THEREOF; BY COMMISSIONERS,PROVIDING FOR THE AIRCRAFT;REQUIRING INSTALLATION FEET TO 20 AND TO MAKE SAID SET-
AMENDING PARAGRAPH 2.116 OF DUTIES OF THE BOARD OF AD. OF SPECIAL LIGHTING UNDER CER- BACK APPLY ONLY TO MAN-MADE
SECTION 2 OF ARTICLE II TO ADD THE JUSTMENT AND AUTHORITY TO HEAR TAIN CIRCUMSTANCES; BY WATERWAYS;BY ADDING PARAGRAPH
PHRASE "AND OVERHANG" UNDER AND DECIDE APPEALS OF AD. REPEALING THE PROVISIONS OF 4.5.1.11 TO SECTION 4 OF ARTICLE XI TO
THE DEFINITION OF "SET-BACK"; BY MINISTRATIVE OFFICIALS CHARGED PARAGRAPHS 3.1 THROUGH 3.5 OF REQUIRE SET-BACK OF 50 FEET FROM
REPEALING PARAGRAPH 2.132 OF WITH ENFORCEMENT OF THE SECTION 3 OF ARTICLE VIII RELATING THE HIGH WATER MARK OF ANY
SECTION 2 OF ARTICLE 1I AND SUB- PROVISIONS OF THIS ORDINANCE OR TO"ZONING MAPS"AND SUBSTITUTE NATURAL WATERWAY LOCATED IN A
STITUTING THEREFORE THE TERM RULE OR REGULATION THEREUNDER THEREFORE PROVISIONS REQUIRING MEDIUM BUSINESS DISTRICT; BY
"VARIANCE" AND PROVIDING FOR A EXCEPT IN DECISIONS MADE BY THE ZONING DISTRICT BOUNDARY MAPS AMENDING PARAGRAPH 5.2 OF SEC-
DEFINITION THEREOF; BY TRAN• BOARD OF COUNTY COMMISSIONERS ACCORDING TO SPECIFICATIONS AND TION 5 OF ARTICLE XI TO PROVIDE
SFERRING THE DEFINITION OF"DEAD SPECIFICALLY DIRECTING SUCH AD- P R E S C R I B I N,G A D 0 P T 1 O N THAT BEER ONLY, BEER AND WINE,
END CANAL" CONTAINED IN MINISTRATIVE OFFICIAL CONCERNING PROCEDURES; BY REPEALING THE BEER, WINE AND LIQUOR MAY BE
PARAGRAPH 2.141 OF SECTION 2 OF THE SAME, CONFERRING AUTHORITY LAST SENTENCE OF SECTION 1 OF SOLD IN ALIGHT BUSINESS DISTRICT,A
.ARTICLE II TO NEW PARAGRAPH 2.38.0 OF BOARD OF ADJUSTMENT TO ARTICLE IX RELATING TO THE MULTIPLE FAMILY RESIDENTIAL
OF SECTION 2 OF ARTICLE II; BY AUTHORIZE VARIANCES FROM THE "GENERAL AVIATION DISTRICT"; BY DISTRICT, AND IN A TOWNHOUSE
DELETING ALL PROVISIONS CON- TERMS OF THE REGULATIONS OR REPEALING PARAGRAPHS 3.1 AND 3.2 RESIDENTIAL DISTRICT UNDER
TAINED IN SECTION I OF ARTICLE III RESTRICTIONS IN HARDSHIP OR OF SECTION 3 OF ARTICLE IX CERTAIN CONDITIONS AND UPON
AND SUBSTITUTING THEREFORE PUBLIC INTEREST CASES PROVIDING RELATING TO "GENERAL USE APPROVAL OF THE ZONING BOARD;BY
PARAGRAPHS 1.0 THROUGH 1.10 OF THE SAME DO NOT CONSTITUTE USE DISTRICT";BY REPEALING SECTION 4 REPEALING PARAGRAPHS 1.2
SECTION I SETTING FORTH ZONI• •i VARIANCES; BY REPEALING THE OF ARTICLE IX RELATING TO THE THROUGH 1.4.7 OF SECTION 1 OF AR-
APPLICATION PROCEDURES TO dE PROVISIONS OF SECTION3OFARTICLE "INTERIM DISTRICT"OF A GENERAL TICLE XII AND SUBSTITUTING
FOLLOWED, WHO MAY FILE ZONING VI RELATING TO "VIOLATIONS" AND USE DISTRICT; BY REPEALING SEC- THEREFORE PARAGRAPHS 2.1.
APPLICATIONS,REQUIRING FEE,DATA S U B S TI T U T I N G THEREFORE TION 5 OF ARTICLE IX RELATING TO THROUGH 2.9OF SECTION 2 OF ARTICLE
AND PROPERTY SKETCHES INCLUDING PROVISIONS RELATING TO THE "GENERAL AIRPORT DISTRICT"; BY XII RELATING TO PROCEDURE AP-
SKETCHES ADJACENT PROPERTY ZONING OFFICIAL PROVIDING SAID AMENDING PARAGRAPH 3.1.1 OF PLICABLE TO PLANNED UNIT
WITHIN 1000 FEET, AND REQUIRING OFFICE TO BE THE DIRECTOR OF THE SECTION 3 OF ARTICLE X TO DELETE DEVELOPMENT, REQUIRING AN AD-
NAMES- AND ADDRESSES OF ALL PLANNING AND ZONING DEPARTMENT THE WORD "CONVENTIONAL"; BY VISORY MEETING WITH THE ZONING
PROPERTY OWNERS WITHIN 300 FEET OF MONROE COUNTY,FLORIDA OR HIS REPEALING THE PROVISIONS OF OFFICIAL BY APPLICANT AND SUB-
OF SUBJECT PROPERTY, REQUIRING AUTHORIZED REPRESENTATIVE, PARAGRAPH 3.1.2 OF SECTION 3 OF MISSION OF A PRELIMINARY PLANNED
PUBLIC HEARING AFTER LEGAL PRESCRIBING THE DUTIES OF SAID ARTICLE X RELATING TO "NON- UNIT DEVELOPMENT PLAT;
NOTICE 30 DAYS PRIOR TO HEARING; OFFICIAL TO INCLUDE SERVING AS PROFIT PARKS AND PLAYGROUNDS" REQUIRING REVIEW OF APPLICATION
. NOTICE BY MAIL TO ADJACENT SECRETARY TO THE ZONING BOARD AND SUBSTITUTING THEREFORE AND PLAT BY ZONING BOARD,
PROPERTY OWNERS, PROVIDING FOR AND TO THE BOARD OF ADJUSTMENT, PROVISIONS AUTHORIZING NON- REQUIRING AMENDMENT TO ZONING
HEARING BY ZONING BOARD FOR REVIEWING ALL REQUESTS FOR PROFIT PARKS AND PLAYGROUNDS DISTRICT MAP IN CASES OF APPROVAL
ZONING DISTRICT BOUNDARY ZONING AND USE CLEARANCE PRIOR OWNED AND OPERATED BY RESI- AND REQUIRING ZONING BOARD TO
CHANGE, SPECIAL EXCEPTION USE TO THE ISSUANCE OF BUILDING DENTS OF THE SUBDIVISION AS A PER• GIVE WRITTEN AUTHORIZATION TO
AND TEXT CHANGES TO THE OR- PERMITS OR CERTIFICATES OF OC- MISSABLE PRINCIPAL USE PER- APPLICANT TO PREPARE FINAL
DINANCE, PROVIDING FOR PUBLIC CUPANCIESFORANYINDIVIDUALUSE, MITTED IN A SINGLE FAMILY DEVELOPMENT PLAT IN CASES OF
HEARING BY BOARD OF ADJUSTMENTS REQUIRING SAID OFFICIAL TO REFER RESIDENTIAL DISTRICT; BY AMEN- APPROVAL, REQUIRING FINAL
FOR ALL APPLICATIONS FOR DIMEN• ALL SUCH MATTERS TO THE ZONING DING THE PROVISIONS OF PARAGRAPH PROJECT PLAT TO BE SUBMITTED TO
SIONAL VARIANCES,REQUIRING BOTH BOARD FOR ACTION WHERE THERE IS 3.3.5 OF SECTION 3 OF ARTICLE X TO ZONING BOARD FOR REVIEW AND
BOARDS TO ACT ONLY AFTER ALL REASONABLE DOUBT AS TO THE AUTHORIZE AS A PERMITTED USE IN A APPROVAL;REQUIRING APPROVED
NECESSARY INVESTIGATIONS HAVE LIKELIHOOD OF THE PROPOSED USE SINGLE FAMILY RESIDENTIAL FINAL PLATS TO BE RECORDED IN THE
BEEN COMPLETED; PROVIDING FOR CONFORMING TO THE APPLICABLE DISTRICT AFTER SPECIAL APPROVAL PUBLIC RECORDS OF MONROE
APPEAL FROM SAID BOARDS TO THE PERFORMANCE STANDARDS OF THIS A NONPROFIT EDUCATIONAL, COUNTY, REQUIRING DEVELOPMENT
BOARD OF COUNTY COMMISSIONERS ORDINANCE OR THE PERFORMANCE RECREATIONAL AND SOCIAL CEN- ONLY IN ACCORDANCE WITH AP-
AFTER PUBLIC NOTICE OF SAME; STANDARDS ESTABLISHED PURSUANT TERS IF OWNED AND OPERATED BY PROVED AND RECORDED FINAL
• REQUIRING BOARD OF COUNTY TO CHAPTER 403 OF THE FLORIDA THE RESIDENTS OF THE SUBDIVISION; DEVELOPMENT PLAT,REQUIRING ALL
' COMMISSIONERS OF MONROE COUNTY STATUTES, MAKING SAID OFFICIAL BY REPEALING THE PROVISIONS OF MAJOR CHANGES TO AN APPROVED
TO ACT ON PROPOSED ENACTMENTS RESPONSIBLE FOR THE GENERAL PARAGRAPH 3.3.6 OF SECTION 3 OF FINAL DEVELOPMENT PLAT TO BE
OF TEXT CHANGES TO THE ZONING ADMINISTRATION AND ENFORCEMENT ARTICLE X TO DELETE REFERENCE APPROVED IN LIKE MANNER AS THE
ORDINANCE; REQUIRING ZONING OF THIS ORDINANCE. BY CREATING TO MODULAR. SINGLE FAMILY ORIGINAL APPROVAL; BY ADDING
• OFFICIAL TO NOTIFY APPLICANTS OF PARAGRAPH 4.1 THROUGH 4.3 OF RESIDENTIAL UNITS; BY AMENDING SECTION3TOARTICLEXIITOPROVIDE
FINAL ACTION; BY AMENDING SEC- SECTION 4 OF ARTICLE VI TO PARAGRAPH 3.5.10 OF SECTION 3 OF FOR LEGAL EFFECT OF A PLANNED
• TION 3 OF ARTICLE III TO DELETE RELATING TO APPLICATIONS FOR ARTICLE X•RELATING TO MAXIMUM DEVELOPMENT DISTRICT IN
' PREVIOUS PROVISIONS AND SUB- BUILDING PERMITS AND CER- PER CENT OF LOT COVERAGE TO DETERMINING THE ISSUANCE'OF
STITUTE THERFORE, GENERAL TIFICATES OF OCCUPANCY FOR IN- REQUIRE INCLUSION OF EAVES AND ZONING AND USE CLEARANCES AND
REQUIREMENTS FOR ALL MAJOR DIVIDUAL USE TO REQUIRE SAME OVERHANGS IN SAID CALCULATIONS; BUILDING PERMITS AND CER-
DEVELOPMENT PROJECTS PROVIDING TO BE FORWARDED TO THE ZONING BY AMENDING PARAGRAPH 3.5.11 OF TICIATES OF OCCUPANCY, MAKING
THAT SAME SHALL BE PROCESSED, OFFICIAL FOR ZONING AND USE SECTION 3 OF ARTICLE X TO NAVE SET- DEVIATION.FROM THE APPROVED
REVIEWED AND APPROVED IN AC- CLEARANCE PRIOR TO ISSUANCE, BACK REQUIREMENT APPLY ONLY TO FINAL PLAT A VIOLATION OF THIS
CORDANCE WITH THE MONROE REQUIRING ALL SUCH APPLICATIONS MAN-MADE WATERWAYS; BY ADDING ZONING ORDINACE; BY ADDING SEC-
COUNTY MAJOR DEVELOPMENT TO INCLUDE PLAN OF PROPOSED PARAGRAPH 3.5.12 TO SECTION 3 OF TION 4 TO ARTICLE XII TO SET FORTH
PROJECT ORDINANCE;BY REPEALING CONSTRUCTION OR DEVELOPMENT, ARTICLE X TO ESTABLISH MINIMUM PERMISSABLE USES IN A PLANNED
THE PROVISIONS OF PRESENT AR- DESCRIPTION OF ANY PROPOSED SET-BACK FROM HIGH WATER MARK DEVELOPMENT PROJECT SHALL BE
TICLE IV AND SUBSTITUTING MACHINERY OPERATIONS PRODUCTS OF ANY NATURAL WATERWAY TO BE SO SET FORTH IN THE APPROVED FINAL
THEREFORE PROVISIONS RELATING AND SPECIFICATIONS FOR THE FEET;BY AMENDING PARAGRAPH 3.7 PLAT; BY ADDING PARAGRAPHS 5.1
TO THE PURPOSE, APPLICABILITY MECHANISMS AND TECHNIQUES USED OF SECTION 3 OF ARTICLE X TO THROUGH 5.8,SECTION 5 ARTICLE XII
PROCEDURES, STANDARDS FOR AP. IN RESTRICTING THE EMISSION OF PROVIDE THAT SIDE PROPERTY LINES TO SET FORTH DEVELOPMENT
PROVED LOT BUILDING AND SIGN DANGEROUS OR OBJECTIONABLE ON CORNER LOTS MAY BE TREATED AS REQUIREMENTS FOR A PLANNED
REQUIREMENTS, TIME LIMITATIONS ELEMENTS, REQUIRING WRITTEN REAR SET-BACK LINES; BY DEVELOPMENT DISTRICT,REQUIRING
AND REVERSION CLAUSE RE- ACKNOWLEDGMENT BY APPLICANT OF REPEALING THE PROVISIONS OF A MINIMUM AREA OF FIVE ACRES;
GULATING THE ISSUANCE OF THE PROVISIONS FOR PERFORMANCE PARAGRAPH 4.1 OF SECTION 4 OF AR- CONSTRUCTION WITHIN ONE YEAR OF
SPECIAL EXCEPTION USES AND CONTAINED SET FORTH IN CHAPTER TICLE X RELATING TO PRINCIPAL APPROVAL OF FINAL PLAT,
PROVIDING FOR PROCESSING AND 403 OF THE FLORIDA STATUTES AND USES PERMITTED AND SUBSTITUTING PROVIDING FOR REVISION TO
0F[ISION RY THE 70MING ROARn ANn RULES AND REGULATIONS THEREFORE THE PHRASE: PER- PREVIOUS ZONING IF NOT SO CON-
COUNTY BOARD OF COUNTY COM- AGREEMENT TO ABIDE BY aAmt, rAm,LY vno...-,nwi
MISSIONERS;BY AMENDING SECTIONS REQUIRING CERTIFICATION FROM PARAGRAPH 5.5.1 OF SECTION 5 OF AUTHORIZING THE REQUIREMEN'
2, 3, 4, 5, 6 AND 7 OF ARTICLE V APPROPRIATE REGULATORY AGEN- ARTICLEXTOREQUIRETHEMINIMUM FOR A DETAILED STATEMENT OF
RELATING TO AMENDMENTS AND CIES THAT ADEQUATE WATER, LIVING AREA FOR A TWO FAMILY P R 0 P O S A L, C 0 V E N A N T 5
APPEALS OF THE ZONING BOARD, TO SANITARY SEWAGE DISPOSAL,STORM DWELLING BE 750 FEET PER UNIT AGREEMENTS OR OTHER DOCUMENTS
PROVIDE FOR AUTHORIZED PERSONS DRAINAGE AND HIGHWAY FACILITIES RATHER THAN 500 SQ. FEET; BY SHOWING OWNERSHIP AND METHOI
OR ENTRIES TO AMEND ZONING OR- ARE IN EXISTENCE TO SERVE THE AMENDING PARAGRAPH 5.5.2 OF OF ASSURING PERPETUAL MAIN
DINANCE, PROVIDING FOR GENERAL NEEDS AND REQUIREMENTS OF BOTH SECTION 5 OF ARTICLE X TO INCREASE TENANCE;FINANCIAL STATEMENT 01
PROCEDURE FOR AMENDMENTS, THE EXISTING POPULATION AND THE THE MINIMUM LOT AREA FOR TWO APPLICANT, BOND TO INSURE IN
DECISION BY THE ZONING BOARD, PROPOSED DEVELOPMENT; FAMILY DWELLINGS FROM 10,000 TO STALLATION OF IMPROVEMENTS
PUBLIC NOTICE OF HEARING ON SAME; REQUIRING ZONING OFFICIAL TO 12,000 SQ. FEET; BY AMENDING MAKING ALL PROPOSED SUBDIVISION
'
AUTOMATIC DENIAL OF REQUESTED REVIEW ALL REQUESTS FOR THE PARAGRAPH 5.5.4 OF SECTION 5 OF WITHIN A PLANNED DEVELOPMEN'
AMENDMENT IF NOT ACTED UPON BY' ISSUANCE OF ZONING AND USE ARTICLE X TO INCREASE THE DISTRICT SUBJECT TO THE
THE ZONING BOARD WITHIN 6.MONTHS, CLEARANCE PRIOR TO THE ISSUANCE MINIMUM LOT DEPTH FOR A TWO PROVISIONS OF ARTICLE XII
PROVIDING FOR ENACTMENT BY THE OF SAID PERMIT OR CERTIFICATE; FAMILY DISTRICT FROM 100 FEET TO REQUIRING ALL FUTURE SUB
MONROE COUNTY BOARD OF COUNTY REQUIRING ZONING BOARD TO 120 FEET;BY AMENDING PARAGRAPH DIVISIONS WITHIN SUCH A DISTRICT TI
COMMISSIONERS; PROVIDING FOR DETERMINE WHETHER OR NOT THE 5.5.12 OF SECTION 5 OF ARTICLE X TO COMPLY WITH THE CONDITIONS ANC
LIMITATIONS OF APPLICATIONS 'FOR ZONING 'AND-OR USE CLEARANCE 'MAKE.PARAGRAPH APPLY ONLY TO RESTRICTIONS CONTAINED IN THE
AMENDMENT WITHIN 1 YEAR FOR SHALL BE ISSUED;AUTHORIZING THE MAN-MADE WATERWAYS: BY ADDING FINAL DEVELOPMENT PLAT
AMENDMENTS PREVIOUSLY DENIED ZONING BOARD TO REQUEST ADVICE PARAGRAPH 5.513 TO SECTION 5 OF AR- REQUIRING ALL CONSTRUCTIO!
AND FOR REZONING OF ANY NATURE AND RECOMMENDATIONS FROM TICLE X TO REQUIRE MINIMUM SET-- WITHIN A PLANNED DEVELOPMEN'
FOR ZONING PREVIOUSLY DENIED; OUTSIDE SPECIALISTS OR CON- BACKS FROM THE HIGH WATER MARK DISTRICT TO BE COMPLETED WITHIN',
PROVIDING FOR WAIVER OF SULTANTS IN DETERMINING THE .OF ANY NATURAL WATERWAY OF•50 YEARS OF THE APPROVAL•OF THE
LIMITATIONS BY AFFIRMATIVE VOTE PROPRIETY OF ZONING .OR USE FEET; BY AMENDING PARAGRAPH FINAL PLAT,OR SUCH EARLIER DATE
OF FOUR MEMBERS OF ZONING CLEARANCE BEING GRANTED AND 6.5.1.2 OF SECTION 6 OF ARTICLE X TO AS MAY BE REQUIRED BY THE ZONINC
BOARD; PROVIDING FOR APPEAL OF PROVIDING FOR SUCH CONSULTANT INCREASE THE MINIMUM PROJECT BOARD,AUTHORIZING THE GRANTINC
ZONING DECISIONS BY THE BOARD OF COSTS TO BE PAID FOR BY THE AP. 'AREA REQUIRED FOR DUPLEX UNITS OF REASONABLE TIME EXTENSIONS
COUNTY COMMISSIONERS WITHIN 30 PLICANT, REQUIRING THE ZONING FROM 500SQ.FEET TO750SQ.FEET;BY BY ADDING PARAGRAPHS6.1 THROUGI
DAYS OF ZONING DECISION, OFFICIAL TO INVESTIGATE ZONING AMENDING PARAGRAPH. 6.5.1.3 OF 6.1.9, SECTION 6,ARTICLE XII TO SE'.
PROVIDING FOR APPEAL PROCEDURE, VIOLATIONS OR ZONING ORDINANCE SECTION 6OF ARTICLE X TO INCREASE FORTH GENERAL STANDARDS TO BE
PUBLIC AND WRITTEN NOTICE OF VIOLATIONS AND TO TAKE SUCH AC- THE MINIMUM PROJECT AREA FOLLOWED BY THE ZONING BOARD IN
HEARING, PROVIDING FOR STAY OF TION AS IS NECESSARY TO ENFORCE REQUIRED FOR MULTIPLE FAMILY THE APPROVAL OF PLANNED
CONSTRUCTION DURING APPEAL; THE ZONING ORDINANCES; 'BY UNITS FROM 400 SQ. FEET TO 750 SQ. DEVELOPMENT DISTRICTS; BY AD
PROVIDING FOR APPEALS FROM CREATING PARAGRAPH 3.1 OF SECTION FEET; BY AMENDING PARAGRAPH DING PARAGRAPH 7.1. THROUGH 7.9
DECISIONS OF THE ZONING OFFICIAL 5 OF ARTICLE VI RELATING TO 6.5.1.4.OF SECTION 6 OF ARTICLE X TO SECTION 7,ARTICLE XII TO AUTHORIZE
TO THE BOARD OF ADJUSTMENT VIOLATIONS OF THE ZONING OR- INCREASE THE MINIMUM• PROJECT THE ZONING BOARD TO REQUIRE
WITHIN 30 DAYS OF SAID DECISION, DINANCE, REQUIRING THE ZONING AREA REQUIRED FOR EFFICIENCY SPECIAL CONDITIONS AND SETTING
PROVIDING FOR PUBLIC'NOTICE OF OFFICIAL TO INVESTIGATE SAME UNITS FROM 200 SQ. FEET TO 500 SQ. FORTH THE NATURE THESE SPECIAL
SAID HEARING, 'PROVIDING FOR A AND REQUIRING THE ZONING OF- FEET; BY AMENDING PARAGRAPH CONDITIONS MAY CALL FOR; BY All
STAY IN CONSTRUCTION DURING FICIAL TO NOTIFY OFFENDING REFERENCE
SECTION 6 OF
MINIMUM SECTIONII ARTICLE
ICDING
N PARAGRAPHSARTICLE 8.1 XII THROUGH
REQUIRE
LOT AREA ENAPPLICANTS
PENDENCY OF APPEAL; PROVIDING PARTIES OF SAID VIOLATION AND TO DELETESUBSTITUTE SEEKING TO REZONE
FOR APPLICATIONS TO THE BOARD OF ALLOW THEM A REASONABLE LENGTH THEREFORE THE TERM "MINIMUM LANDSTO A PLANNED UNIT
ADJUSTMENTFOR VARIANCES FROM OF TIME TO COME WITHIN PROJECT AREA"; BY AMENDING DEVELOPMENT TO ATTACH AS A PART
THE ZONING ORDINANCES, EX- REASONABLE CONFORMITY; PARAGRAPH 6.5.2.1 OF SECTION 6 OF OF THE REZONING PETITION DETAILS
CEPTING THEREFROM APPLICATIONS REQUIRING THE ZONING OFFICIAL TO ARTICLE X TO DELETE REFERENCE AS TO THE PROPOSED DEVELOPMEN1
FOR USE VARIANCES,O REQUIRINGORDINANCE REQUEST LEGAL COUNSELR IN-O TO ONE AND TWO FAMILY UNITS AND PLAN; BY ADDING PARAGRAPHS 9.1
APPLICATIONSAN ANDOR PETITION THE COURT FOR TO SUBSTITUTE THEREFORE THE THROUGH 9.8,SECTION 9,ARTICLE XII
VVARIANCES DIMENSIONALSUBMITTED JUNCTIONCONFORMITY
O REQUIRE SATISFACTORY ALTER- TERM"FOUR ACRES";BY AMENDING TO SET FORTH THE STANDARDS TO BE
THROUGH
THE TO BE OFFICIAL THATTHE IN THE ALTER- PARAGRAPH 6.5.5.1 OF SECTION 6 OF APPLIED BY THE ZONING BOARD IN
PROCESSI ZONINGTOGETHER FOR NATIVEPROSECUTED OFFENDER BE ARTICLE X TO INCREASE THE DETERMINING WHETHER AN AP
PROCESSING INFORMATION
NFO WITH FEE OVI IN THE ORDINATYNCE
AND IN REQUIRED FRONT YARD SIZE FROM 35 PLICATION TO REZONE A PLANNED
4ER PLANS AND ORDINANCE
AV VARIANCE CON- FOR VIOLATION PROSECUTIONTNANCE AND IN FEET TO100 FEET FOR LOTS ABUTTING UNIT DEVELOPMENT SHOULD BE
:EQUE4G THE ORDINANCEPUBLICANDLIEU TO AUTHORIZING FOR SUCH A STATE ROAD OR HIGHWAY; BY GRANTED; BY AMENDING
$RITTETEN,REQUIRINGILEFHEARING VIOLATION ANY AND EN- 'AMENDING PARAGRAPH 6.5.1.3 OF 'PARAGRAPH 4.13 OF SECTION 4 OF
NRITTEN NOTICE OF NDONDS POWERING AW N LEGALLYMENCON- SECTION 6 OF ARTICLE X TO MAKE TICLE XIII TO PROVIDE,THAT SIGNS
WONTAME: SETTING FORTH STANDARDS OF MONROE
ECOUNTY
OUN YOROFTHE STATE
MINIMUM SET-BACK REQUIREMENT qN A BUSINESS OWNED VEHICLE
)IMENSIONAL WHICH IAN REQUESTS FOR OF FLORIDA TO TAKE ANY
AND ALL Q
VARIANCES SHALL BE OF FLORIDA TO TAKE ANY AND ALL OF2O FEET APPLY ONLY TOMAN-MADE BEING EXEMPT FROM PERMIT
)ETERMINED, PROVIDING FOR AP- NECESSARY ACTION TO ASSURE EN- WATERWAYS;BY ADDING PARAGRAPH REQUIREMENTS SHALL NOT BE USED
SEAL TO THE BOARD OF COUNTY FORCEMENT OF AND CONFORMITY 6.5.14 TO SECTION 6 OF ARTICLE X TO AS A PERMANENT SIGN IN AN EFFORT
:OMMISSIONERS, PROVIDING WITH THIS ZONING ORDINANCE; REQUIRE THE MINIMUM SET-BACK TO CIRCUMVENT THE PROVISIONS OF
.IMITATION OF 1 YEAR FOR ACTION TO PROVIDING FOR VIOLATIONS OF FROM THE MEAN HIGH WATER MARK THIS ORDINANCE;BY REPEALING THE
MPLEMENT ALL GRANTED MAP ZONING ORDINANCE SHALL BE OF ANY NATURAL WATERWAY TOBESO PROVISIONS CONTAINED IN
IMENDMENTS, SPECIAL EXCEPTION PROSECUTED IN THE NAME OF THE FEET; BY ADDING PARAGRAPH PARAGRAPH 9.2 OF SECTION 9 OF AR-
ISE OR DIMENSIONAL VARIANCE, STATE IN THE COUNTY COURT BY THE 7.17.4.50 TO SECTION 7 OF ARTICLE X TO TICLE XIII AND SUBSTITUTING
'OIDING ALL AMENDMENTS NOT SOi PROSECUTING ATTORNEY THEREOF REQUIRE A MINIMUM SET-BACK FROM THEREFORE THE REQUIREMENT
MPLEMENTED AFTER PUBLIC AND, UPON CONVICTION THEREOF, THE MEAN HIGH WATER MARK OF ANY THAT THE TOTAL SQUARE FOOTAGE OF
TEARING AND NOTICE TO THE SHALL BE PUNISHED BYAFINENOTTO NATURAL WATERWAY OF 50 FEET IN CLASS A SIGNS NOT EXCEED ONE
,RANTEE AUTHORIZING THE ZONING, EXCEED SS00OR BY IMPRISONMENT IN TOWNHOUSE RESIDENTIAL DISTRICTS; PERCENT OF THE TOTAL LOT OR
.HARD OR BOARD OF ADJUSTMENT TO THE COUNTY JAIL NOT TO EXCEED 60 BY AMENDING PARAGRAPH 8.5.11 OF PARCEL WHEREON THE SAME IS
RANT REASONABLE EXTENSIONS OF DAYS OR BY BOTH SUCH FINE AND SECTION/OF ARTICLE X TO MAKE SET- LOCATED;BY AMENDING PARAGRAPH
IME FOR IMPLEMENTATION; BY IMPRISONMENT, MAKING EACH DAY BACK PROVISION OF 20 FEET THEREIN 10.6OF SECTION 10 OF ARTICLE XIII TO
MENDING PARAGRAPHS 1.1 THROUGH OF VIOLATION CONSTITUTING A, APPLY ONLY TO MAN-MADE WATER- DELETE SET-BACK REQUIREMENT
3 OF SECTION 1 OF ARTICLE VI TO SEPARATE AND DISTINCT VIOLATION; WAYS IN A MOBILE HOME RESIDEN- FOR EXEMPT SIGNS OF 4 SQUARE FEET
IBLETE THE PREVIOUS PROVISIONS BY REPEALING THE PROVISIONS OF TIAL DISTRICT: BY ADDING OR LESS AND TO REQUIRE ALL OTHER
,ELA'CING TO THE ZONING BOARD AND. SECTION 1 OF ARTICLE VII RELATING PARAGRAPH O.5.110 TO SECTION I OF SIGNS TO BE SET-BACK NO LESS THAN
0 SUBSTITUTE THEREFORE NEW' TO ACCESS CONTROL AND SUB- ARTICLE X TO REQUIRE SET-BACK OF 15 FEET FROM A RIGHT-OF-WAY; BV
'ROVISIONS FOR A ZONING BOARD STITUTING THEREOF PROVISIONS SO FEET FROM MEAN HIGH WATER AMENDING PARAGRAPH 11.1 OF SEC
ONSISTING OF 5 �M/}1EMBERS, RELATING TO"SET-BACK AND ACCESS, MARK OF ANY NATURAL WATERWAY TION 11 OF ARTICLE XIII TO REDUCE
ROVIOING FOR 1 YEAR "TERMS AND CONTROL ON U.S. 1; BY REPEALING IN A MOBILE HOME RESIDENTIAL THE PERMISSABLE SIZE OF CLASS A
TENSIONS THEREOF, AP- THE PROVISIONS CONTAINED IN U.S.1; DISTRICT;BY AMENDING PARAGRAPH SIGNS FROM 320 SQUARE FEET TO 200
NTMENT BY' THE BOARD OF BY REPEALING THE PROVISIONS 9.5.2.4 OF SECTION 9 OF ARTICLE X TO SQUARE FEET; BY ADDING
'NTY COMMISSIONERS, PROVIDING roNVAINED IN PARAGRAPHS 1.1 MAKE MINIMUM SETBACK PARAGRAPH 12.4 TO SECTION 12 OF
A SALARY OF $100 PER MONTH THIHNU0H1.SOFSECTION1 OF ARTICLE REQUIREMENT OF 20 FEET APPLY ARTICLE XIII TO REQUIRE ALL SIGNS
DOD`MBMBER AND TRAVEL I VII AND SUBSTITUTING THEREFORE ONLY TO MAN-MADE WATERWAYS TO BE BUILT ON CONVENTIONAL
J
/,,
•
•
FOUNDATIONS OF 6JOtJ i, Co,:CRETE
OR STEEL SECURELY AEICH0!7iO INTO
THE GROUND EXCEPT SIEtS UPON
BUSINESS VEHICLES,DECLA:''81G ALL
OTHER SIGNS TO BE NON-
CONFORMING; BY TRANSFERRING
SECTION 1 THROUGH 3 OF ARTICLE XIV
TO BECOME SECTION 1 THROUGH 3
RESPECTIVELY OF ARTICLE XV; BY
ADDING PARAGRAPHS 1.1 THROUGH 1.3,
SECTION 1,ARTICLE XIV RELATING TO
ESTABLISHMENT OF AIRPORT
DISTRICT, PROVIDING PURFOSE AND
SCOPE; BY ADDING PARAGRAPHS 2.1
THROUGH 2.13,SECTION 2,ARTICLE XIV
PROVIDING DEFINITIONS OF TERMS;
BY ADDING PARAGRAPHS 3.1 THROUGH
3.3.7, SECTION 3, ARTICLE XIV TO
CREATE AND ESTABLISH AIRPORT
ZONES AND AIRSPACE HEIGHT
LIMITATIONS IN MONROE COUNTY TO
APPLY AT KEY WEST INTERNATIONAL,
MARATHON FLIGHT STRIP AND PORT
LARGO AIRPORT; BY ADDING
PARAGRAPHS 4.1 THROUGH 4.2.1,
SECTION 4,ARTICLE XIV TO PROVIDE
AIRPORT ZONES AND LAND USE
RESTRICTIONS; BY ADDING SECTION
S, ARTICLE XIV TO PROVIDE FOR
ISSUANCE OF AIRPORT ZONE
VARIANCES BY BOARD OF AD-
JUSTMENT UPON APPLICATION; BY
ADDING SECTION 4, ARTICLE XIV
RELATING TO NON-CONFORMING USES
IN AIRPORT ZONE, Prs.' 14IFITING
PROPERTY OWNERS FROM ALLOWING
THE GROWTH OF TREES IN EXCESS OF
HEIGHT LIMITATIONS; BY ADDING
SECTION 7,ARTICLE XIV TO PROVIDE
FOR ADMINISTRATION AND EN-
FORCEMENT OF AIRPORT ZONE
REQUIREMENTS BY THE ZONING OF-
FICIAL, REQUIRING NOTICE TO OF-
FENDER PRIOR TO ENFORCEMENT,
PROVIDING ZONING OFFICIAL WITH
AUTHORITY TO REQUIRE CON-
- - FORMITY WITH AIRPORT DISTRICT
REGULATIONS;BY ADDING SECTION S,
ARTICLE XIV TO PROVIDE SAID AIR-
PORT DISTRICT PROVISIONS SHALL
CONTROL OVER CONFLICTING
REGULATIONS; AND PROVIDING AN
EFFECTIVE DATE.
DATED at Key West,Florlda,this 21st day
of November,A.D. 1975.
RALPH W.WHITE
Clerk of the Circuit Court of
Monroe County,Florida,and
ex officio Clerk of the Board
of County Commissioners of
Monroe County,Florida
November 25,1975 '"-