Loading...
Ordinance 002-1977 ORDINANCE NO. 2 - 1977 AN ORDINANCE AMENDING ORDINANCE NO.1 - 1973, AS AMENDED BY ORDINANCE NO.6 - 1973, ORDINANCE NO.5 - 1974 AND ORDINANCE NO. 20 - 1975, THE SAME BEING IIAN ORDINANCE RELATING TO MONROE COUNTY, FLORIDA; ADOPTING COMPREHENSIVE ZONING RULES AND REGULATIONS; SETTING FORTH THE AUTHORITY, INTENT, PURPOSE, METHODS, SHORT TITLE, DEFNINITIONS, 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; REGULA TING 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", BY AMENDING SECTION 3 OF AR TICLE X TO PROVIDE FOR ADMINI- STRATIVE RELIEF TO OWNERS OF SUBSTANDARD LOTS PLATTED ON OR BEFORE MAY 1, 1973 WHICH ARE UNABLE TO COMPLY WITH THE REGULAR REQUIREMENTS OF AN RU-l DISTRICT; BY AMENDING SECTION 46 OF AR TICLE VII TO AUTHORIZE VARIANCES TO SUBSTANDARD LOTS TO BE MADE BY THE ZONING BOARD FOR THOSE SINGLE FAMILY, MULTIPLE FAMILY AND GENERAL USE ZONED LOTS FOR WHICH ADMINISTRA TIVE RELIEF BY THE ZONING DIRECTOR, AS PROVIDED IN SECTION 3 OF ARTICLE X, WILL AFFORD INADEQUATE RELIEF; PROVIDING AN EFFECTIVE DA TE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That the following paragraphs, sections and articles of Monroe County Ordinance No.1, 1973 as amended, are hereby amended, repealed or added to as hereinafter set forth. Section 2. That the first unnumbered paragraph of Section 3 of Article X be and the same is hereby amended to read as follows: "Section 3. RU-l Single Family Residential District This district is intended to provide residential areas consisting of lots having an area of at least 8000 sq. feet and including in said district, lots having less than 8000 sq. feet which were single family residential lots of record at the time of the passage of this ordinance. Such substandard lots may be occupied by a single family dwelling and its accessory building provided the minimum set back provisions contained in Article X, Section 3, paragraph 3.7 are conformed with. II Section 3. That paragraph 3. 7 of Section 3 of Article X be and the same is hereby amended to read as follows: -2- "3.7 Side Yard Exceptions. In any R U -1 District, any existing lot, platted and recorded prior to May 1, 1973 having an average width of less than eighty(80) feet, or having an area less than 8000 sq. feet wherein the Zoning Director determines that the full R U -1 requirements of Article X cannot be complied with, he shall, administratively, permit said lot to have a side yard of not less than ten (10) percent of the average lot width; but not less than five (5) feet for an interior side yard, and not less than ten (10) feet for a side yard abutting a road. However any corner lot, facing the intersecting road, shall be required to set back all buildings from the intersecting road, a distance of not less than the required front yard applicable to the abutting lot facing the intersection road. Provided, however, any corner lot of such an existing platted substandard lot abutting a cul-de-sac may be allowed by the Zoning Director to have a side yard of no less than ten (10) feet from the cul-de-sac. On corner lots the rear set back line may be treated as a side property line In regards to set backs. II Section 4. That Section 46 of Article VII be and the same is hereby amended to read a s follow s : "Section 46. Substandard Lots 46.1 Lots of Record. Lots or parcels of land legally recorded prior to the effective date of this ordinance which do not contain the required area, width or depth for the district in which they are located, may be used for any purpose permitted in and meeting the other lot and building requirements for the district in which they are located, subject to other limitations as set forth in this Section. 46.2 Dwellings on Non-Conforming Lots of Record. A building permit may be issued for a single family dwelling on a non-conforming lot only as provided in paragraph 46. 1 above and Section 3 of Article X of this ordinance. 46.3 Dwellings on Substandard Lots of Record. A building permit may be issued for a multiple family dwelling on a non-conforming lot only as provided in paragraph 46. 1 above. 46.4 Variances for Substandard Lots of Record. Applicants for a building permit for single or multiple family dwellings on -3- substandard lots of record in existence on or prior to May 1, 1973 which the Zoning Director determines are unable to meet the requirements of this section and the provisions of paragraph 3. 7 of Section 3 of Article X afford only inadequate relief may apply to the Board of Adjustment which may also grant such variances on lots and buildings in case of hardship as may be found justified. 46.5 Administrative Remedies for Existing General Use Lots. In any GU district, any existing lot, platted and recorded prior to May 1, 1973 with indication in said plat that the subdivision or lot was designed for purposes of single family residential units the Zoning Director shall allow single family residences to be constructed hereon in accordance with the provisions of paragraph 3.7 of Section 3 of Article X, even though said lot does not meet the present dimensional requirements of the R U -1 District. If the re lief afforded administratively by paragraph 3.7, Section 3, Article X is inadequate the applicant may apply to the Board of Adjustment which may also grant such dimensional variances on said GU -1 lot in case of hardship as may be found justified. II Section 5. 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 by the Department of Administration, Division of State Planning pursuant to the requirements of Florida Statutes Section 380.05 and Florida Statutes Chapter 120.