Ordinance 003-1977
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ORDINANCE NO. 3 - 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 "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", BY
AMENDING ARTICLE I, TO READ THAT THE ZONING CODE IS IN
COMPLIANCE WITH CHAPTER 22F-8 OF THE FLORIDA ADMINISTRA-
TIVE CODE AND TO DELETE THE WORD "UNNECESSARY" FROM LINE
22 THEREOF; BY AMENDING PARAGRAPH 1.1 OF SECTION 1 OF
ARTICLE III TO REQUIRE A SKETCH OF THE SURROUNDING PROP-
ERTY RATHER THAN THE ADJACENT PROPER~Y TO ACCOMPABY AN
APPLICATION FOR CHANGE OF ZONING; BY AMENDING SECTION 2
OF ARTICLE III TO ADD TO THE SCHEDULE OF FEES A FEE CHARGE
OF $15 FOR EACH TEXT CHANGE REQUESTED; BY AMENDING ARTICLE
IV TO DELETE SECTION 6 WHICH REQUIRED A SPECIAL EXCEPTION
USE TO BE IMPLEMENTED WITHIN ONE YEAR; BY AMENDING PARA-
GRAPH 2.1, SECTION 2 OF ARTICLE V TO INSERT A COMMA AFTER
THE WORD AGENT; BY AMENDING PARAGRAPH 2.3 OF SECTION 2
OF ARTICLE V TO CHANGE SUBPARAGRAPH 3 TO REQUIRE THE
ZONING BOARD TO CONSIDER THE PUBLIC FACILITIES AND
NATURAL RESOURCE COMMITMENTS INHERENT TO A ZONING CHANGE
AND TO TRANSFER THE PRESENT SUBPARAGRAPH 3 TO BECOME SUB-
PARAGRAPH 4; BY AMENDING SUBPARAGRAPH (1) TO PARAGRAPH 3.1
OF SECTION 3 OF ARTICLE V PROHIBIT RECONSIDERATION OF A
ZONING BOARD DECISION WITHIN 1 YEAR OF THE APPEAL TO
BOARD OF COUNTY COMMISSIONERS IF APPEALED; BY AMENDING
PARAGRAPH 6.1 OF SECTION 6 OF ARTICLE V TO PROVIDE THAT
NO APPEAL FOR USE VARIANCE SHALL BE CONSIDERED; BY AMEN-
DING PARAGRAPH 1.2 OF SECTION 1 OF ARTICLE VI TO PROVIDE
FOR MONTHLY MEETINGS OF THE ZONING BOARD TO BE HELD
ALTERNATELY IN KEY WEST, FOLLOWED BY MARATHON, THEN PLAN-
TATION KEY, MARATHON, KEY WEST; BY AMENDING PARAGRAPH 1.1
OF SECTION 1 OF ARTICLE VI TO PROVIDE THAT ZONING BOARD
MEMBERS ARE SUBJECT TO REMOVAL FOR CAUSE, INCLUDING 4
CONSECUTIVE ABSENCES FROM MEETING WITHOUT REASONABLE
EXCUSE, AND ARE SUBJECT TO REMOVAL WITHOUT CAUSE BY THE
AFFIRMATIVE VOTE OF 3 COUNTY COMMISSIONERS; AND TO AMEND
PARAGRAPH 2.1 OF SECTION 2 OF ARTICLE VI TO MAKE
THE REMOVAL PROVISION APPLYING TO THE ZONING BOARD
EQUALLY APPLICABLE TO THE BOARD OF ADJUSTMENT; BY
AMENDING PARAGRAPH 2.1 OF SECTION 2 OF ARTICLE VI TO
PROVIDE COMPENSATION TO THE BOARD OF ADJUSTMENT OF
$50 PER MONTHLY MEETING HELD AND ATTENDED AND TO PRO-
VIDE FOR TRAVEL REIMBURSEMENT TO AND FROM REGULARLY
SCHEDULED MEETINGS; BY AMENDING PARAGRAPH 2..1 OF SEC-
TION 2 OF ARTICLE VI TO DELETE ERRONEOUS REFERENCE
TO ZONING BOARD; BY AMENDING PARAGRAPH 4..1.5 OF SEC-
TION 4 OF ARTICLE VI TO ADD THE REQUIREMENT THAT
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CERTIFICATION OF SOLID WASTE DISPOSAL BE HAD PRIOR TO
ISSUANCE OF A BUILDING PERMIT; BY AMENDING PARAGRAPH
5.1 OF SECTION 5 OF ARTICLE VI TO AUTHORIZE ZONING
VIOLATIONS TO BE INVESTIGATED BY THE ZONING OFFICIALS
DESIGNATED AGENT, REQUIRING A MANDATORY 5 DAY PERIOD
TO CORRECT THE VIOLATION PRIOR TO THE INSTITUTION OF
ANY LEGAL ACTION, CIVIL OR CRIMINAL AND TO INCREASE
THE MINIMUM FINE FROM $15 TO $50 PER VIOLATION; BY
AMENDING PARAGRAPH 1.1 OF SECTION 1 OF ARTICLE VIII
TO DELETE REFERENCE TO THE GENERAL AIRPORT DISTRICT
ZONING CLASSIFICATION; BY AMENDING SUBPARAGRAPH 8
OF PARAGRAPH 3.2 (a) TO PROVIDE THAT A MAXIMUM OF
EIGHT HORSES MAY BE KEPT ON A SINGLE ACRE OF LAND;
BY AMENDING PARAGRAPH 3.5.9 OF SECTION 3 OF ARTICLE
X AND PARAGRAPH 5.5.9 OF SECTION 5 OF ARTICLE X TO
ADD THE TERM MEAN SEA LEVEL AFTER THE HEIGHT LIMITA-
TIONS; BY AMENDING PARAGRAPH 6.5.8 OF SECTION 6 OF
ARTICLE X TO IMPOSE A MAXIMUM HEIGHT LIMITATION IN A
RU-3 MULTIPLE FAMILY RESIDENTIAL DISTRICT OF 4 HABI-
TABLE STORIES NOT TO EXCEED 45 FEET IN HEIGHT; BY
AMENDING PARAGRAPH 6.5.9.2 OF SECTION 6 OF ARTICLE X
TO LIMIT MAXIMUM HEIGHT IN A RU-3 MULTIPLE FAMILY
RESIDENTIAL DISTRICT TO 45 FEET RATHER THAN 55 FEET;
BY AMENDING PARAGRAPH 6.5.10.1 OF SECTION 6 OF ARTI-
CLE X TO DECREASE MAXIMUM DENSITY IN A MULTIPLE
FAMILY RESIDENTIAL DISTRICT FOR STRUCTURES UP TO AND
INCLUDING THREE STORIES TO 4 PER GROSS ACRE RATHER
THAN 12; BY AMENDING PARAGRAPH 6.5.10.2 OF SECTION 6
OF ARTICLE X TO DECREASE THE MAXIMUM DENSITY IN A
MULTIPLE FAMILY RESIDENTIAL DISTRICT FOR STRUCTURES
4 STORIES AND ABOVE TO 6 PER GROSS ACRE RATHER THAN
14; BY AMENDING PARAGRAPH 7.8 OF SECTION 7 OF ARTICLE
X TO DECREASE THE MAXIMUM DENSITY FOR STRUCTURES
LOCATED IN AN RU-4 TOWNHOUSE RESIDENTIAL DISTRICT TO
5 UNITS PER GROSS ACRE RATHER THAN 16 AND 12 UNITS
PER NET ACRE; BY AMENDING PARAGRAPH 7.17..2 OF SECTION
7 OF ARTICLE X TO PROVIDE THAT APARTMENTS IN TOWNHOUSE
RESIDENTIAL DISTRICTS SHALL HAVE A MAXIMUM DENSITY OF
6 UNITS PER GROSS ACRE RATHER THAN 12 UNITS PER GROSS
ACRE; BY AMENDING PARAGRAPH 11.8.1 OF SECTION 11 OF
ARTICLE X TO DECREASE THE MAXIMUM DENSITY PERMITTED
IN THE RU-7 RESIDENTIAL TOURIST DISTRICT FOR STRUCTURES
1 THROUGH 3 STORIES IN HEIGHT TO 10 UNITS PER GROSS
ACRE RATHER THAN 25 UNITS PER GROSS ACRE; BY AMENDING
PARAGRAPH 11.8.2 OF SECTION 7 OF ARTICLE X TO REDUCE
THE MAXIMUM DENSITY PERMITTED IN A RU-7 RESIDENTIAL
TOURIST DISTRICT FOR STRUCTURES ABOVE 3 STORIES IN
HEIGHT TO 15 UNITS PER GROSS ACRE RATHER THAN 40 UNITS
PER GROSS ACRE; BY ADDING PARAGRAPH 11..8.2A TO SECTION
7 OF ARTICLE X TO PROVIDE THAT THE HEIGHT LIMITATION
OF STRUCTURES IN AN RU-7 RESIDENTIAL TOURIST DISTRICT
SHALL BE THE SAME AS IN AN RU-3 DISTRICT; BY AMENDING
PARAGRAPH 11..8.5 OF SECTION 7 OF ARTICLE X TO PROVIDE
THE MAXIMUM HEIGHT OF STRUCTURE IN AN RU-7 RESIDENTIAL
TOURIST DISTRICT TO BE 45 FEET RATHER THAN 55 FEET; BY
AMENDING PARAGRAPH 11.8.6 OF SECTION 7 OF ARTICLE X
TO DELETE REFERENCE TO BUILDINGS OVER 55 FEET IN THE
RESIDENTIAL TOURIST DISTRICT; BY AMENDING PARAGRAPH
11.8.10 OF SECTION 7 OF ARTICLE X TO INCREASE THE MINI-
MUM SQUARE FEET PER UNIT REQUIRED IN A RESIDENTIAL
TOURIST DISTRICT TO BE 500 SQUARE FEET PER UNIT RATHER
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THAN 300 SQUARE FEET PER UNIT; BY ADDING PARAGRAPH 6.8.9
OF SECTION 6 TO ARTICLE XII TO REQUIRE THE ZONING BOARD
TO CONSIDER ITS REVIEW OF PUD PROJECTS, SHORELINE PRO-
TECTION ZONES AND TROPICAL HAMMOCK PROTECTION AREAS;
BY AMENDING PARAGRAPH 4.13 OF SECTION 4 OF ARTICLE XIII
TO EXEMPT PORTABLE SIGNS FROM LICENSING PROVISIONS IF
ATTACHED TO A LICENSED BUSINESS OR VEHICLE; BY AMENDING
PARAGRAPHS 3.2.2, 3.2.3, 3.2..4, AND 3.2.5 AND ADDING
PARAGRAPH 3..2.6 TO SECTION 3 OF ARTICLE XIV TO DEFINE
HORIZONTAL ZONE, CONICAL ZONE, APPROACH ZONE, TRANSI-
TIONAL ZONE AND OTHER ZONES AS THE TERMS ARE USED IN
THE AIRPORT DISTRICT ZONING CLASSIFICATION AND PRE-
SCRIBING REGULATIONS PERTAINING TO EACH FOR KEY WEST
INTERNATIONAL AIRPORT, MARATHON FLIGHT STRIP AND PORT
LARGO AIRPORT; BY AMENDING PARAGRAPH 3.3.4 OF SECTION 3
OF ARTICLE XIV TO DEFINE CONICAL ZONE AS IT APPLIES TO
THE NAVAL AIR STATION HEIGHT ZONES AND LIMITATIONS; BY
AMENDING PARAGRAPH 4.1 OF SECTION 4 OF ARTICLE XIV TO
DELETE THE WORD HORIZONTAL FROM THE SECTION; BY ADDING
PARAGRAPH 4.1.3 TO SECTION 4 OF ARTICLE XI TO PROHIBIT
ANY USE OF LAND IN AN AIRPORT ZONE WHICH WOULD BE
ESPECIALLY SENSITIVE TO NOISE OR WOULD RESULT IN THE
GATHERING OF LARGE CROWDS OF PERSONS; BY AMENDING PARA-
GRAPH 4.2.1 OF SECTION 4 OF ARTICLE XIV TO HAVE PARA-
GRAPH REFER TO FIGURE C; 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 Monroe County Ordinance No. I, 1973 as amended, are
amended, repealed or added to as hereinafter 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, appearance, amenities,
prosperity, and general welfare of Monroe County by the adoption
of regulations and restrictions to aid in making adequate provi-
sion for increased safety in traffic transportation, vehicular
parking, parks, parkways, recreation, schools, public buildings,
housing, light, air, water supply, sewage, sanitation and other
public requirements; that lessen congestion, disorder, and
dangers that inhere in unplanned and unregulated development;
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that prevent overcrowding of land and undue concentration of population;
that provide for a more equitable and just land use pattern and basis
for tax assessment; that increase the safety 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 econornic 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
developrnent and utilization of the area I s resources; that prevent
haphazard, premature, uneconomic and ecologically darnaging development
from occurring within Monroe County; that ensure that citizens and
taxpayers will not have to bear costs resulting from undesirable land
and water use or the lack of adequate and sufficient physical Lnprovements
and public services incidental to land use and development within the
County; and that provide a means of implementing the County's Comp-
rehensive Planning Program and related Development Policies and
Growth Strategies in furtherance with and in compliance of Chapter
22F-8, Florida Administrative Code.
To accomplish these aims and purposes, the unincorporated area of
the County is divided into districts of such shape, area, common unity of
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purpose, and adaptability for use as are deemed most suitable to provide
economic, wholesome, sightly, and har.l.1.onious activities and operations. In
further aid of these purposes, the locations, uses, and occupancy of building,
structures, and land and water to be used for trade, residence, or other
purposes are limited as are the percentages of lot occupancy and coverage,
street setback lines, sizes of yards, and other open spaces.
This 0 rdinance shall be known and ;:nay be cited as 'The Monroe County Zoning
Ordinance '. It is intended that this 0 rdinance shall be liberally construed to
accomplish its valid stated purposes. "
Section 3. That paragraph 1. I of Section 1 of Article III be and the
same is hereby amended to read as follows:
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"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 surrounding 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.1I
Section 4. That Section 2 of Article III be and the same is
hereby amended to read as follows:
"Section 2. Schedule of Petitions, Appeals & Application Fees
Rezone Petition------------------------------- $75.00
Zoning Ordinance Amendment Petition----------- $75.00
Special Exception Petition-------------------- $75.00
Variance Petition----------------------------- $75..00
Appeal Hearing (Boa~d of Appeals-------------- $50.00
Administrative Decision Appeal---------------- $15.00
Temporary Use Permit Application-------------- $15.00
Text Change (each change)--------------------- $15.00
When the petitioner is a public agency or in other circumstances
which warrant the waiver of reduction of a fee, the Zoning Director
may authorize such waiver or reduction."
Section 6. That paragraph 2.1 of Section 2 of Article V be and
the same is hereby amended to read 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
Commissioners, 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 author-
ized agent, shall hold title to the land which is the subject of the
proposed zoning amendment."
Section 7. That subparagraph (3) of paragraph 2.3 of Section 2
of Article V be and the same is hereby amended to read as follows:
"(3) The public facilities and natural resource commitments
inherent to such a change."
Section 8. That subparagraph (4) of paragraph 2.3 of Section 2
of Article V be and the same is hereby added to read as follows:
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"(4) the relationship of the proposed zoning amendment
to the purposes of the County's Comprehensive Plan, with appro-
priate consideration as to whether the proposed change will
further the purposes of this ordinance and Comprehensive Plan."
Section 9. That subparagraph (1) of paragraph 3.1 of
Section 3 of Article V be and the same is hereby amended to read
as follows:
"(I) 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 and/or the Board of
County Commissioners if appealed."
Section 10. That paragraph 6.1 of Section 6 of Article
V be and the same is hereby amended to read as follows:
"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 shall be
considered. Applications should be submitted through the
Zoning Official, stating the specific variances requested."
Section 11. That paragraph 1.1 of Section 1 of Article
VI be and the same is 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,
which shall include missing four consecutive meetings without
reasonable excuse. Appointments 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 monrh plus reimbursement
of expenses based on mileage traveled in the performance of their
duties. The Board shall hold regular meetings at least once in
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each calendar month. The monthly meetings shall alternate in
the following manner: Key West, Marathon, Plantation Key, Marathon,
Key West, etc. 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 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
representative."
Section 12. That paragraph 1.2 of Section 1 of Article VI
be and the same is amended to read as follows:
"1.2 PROCEDURE
The Board of County Commissioners shall adopt rules of
procedure for the transaction of business by the Board. The Board
shall maintain a record of all transactions and the same shall be
a public record."
Section 13. That paragraph 2.1 of Section 2 of Article VI
be and the same is hereby amended to read as follows:
II 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, which term may be extended on a year-to-year
basis. Members shall be subject to removal for cause which shall
include missing four consecutive board meetings without reasonable
excuse. All appointments to the Board of Adjustment shall be made
by the Board of County Commissioners. The Board shall elect from
its membership a chairman and a vice-chairman and such other offi-
cers 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
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the office by the fellow board members. The secretary shall be
the Zoning Official or his authorized representative. Members
of the Board of Adjustment shall be compensated at the rate of
$50.00 per month for each regular meeting attended. If in any
calendar month, no meeting is held, there will be no compensation
for that month. Members shall also be reimbursed according to
law for their expenses for attending a monthly meeting based on
mileage traveled."
Section 14. That paragraph 4.1.5 of Section 4 of Article
VI be and the same is hereby amended to read as follows:
"4.1.5 Certification from the appropriate regulatory
agencies that adequate water, sanitary sewage disposal, solid waste
disposal, storm drainage and highway facilities are in existence to
serve the needs and requirements of both the existing population and
the proposed development.1I
Section IS. That paragraph 5.1 of Section 5 of Article VI
be and the same is hereby amended to read as follows:
"5.1 Whenever violations of this ordinance occur a complete
investigation shall be conducted by the Zoning Official or his
designated agent. Violators shall be prosecuted in the County Court
in the name of the State of Florida by the prosecutorial officer thereof
and upon conviction shall be punished by a fine of not less than
$50 or not more than $500 or by imprisonment in the County Jail for
not more than 60 days, or by both such fine and imprisonment. Said
violations shall be and constitute second degree misdemeanors under
the provisions of Florida Statutes Chapter 125. In addition to
said misdemeanor fine and/or imprisonment civil proceedings may be
instituted in the appropriate court for appropriate relief or to in-
sure compliance with the provisions of this ordinance."
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Section 16. That paragraph 1.1 of Section 1 of Article VII
be and the same is hereby amended to read as follows:
"1.1 General
GU - General Use District"
Section 17. That Section 3 of Article IX be and the same
is hereby amended to read as follows:
"Section 3. GU - General Use District
No land, body of water and/or no structure shall be used
or permitted to be used, and no structure shall be hereafter
erected, constructed, moved, reconstructed or structurally altered
or maintained in any Zone of Classification GU - General, which is
designated, arranged or intended to be used or occupied for any
purpose, excepting for one (1) or more of the following uses, unless
otherwise provided:
(1) Single Family Dwellings with their customary accessory
uses.
(2) Agriculture uses.
(3) Clubs, including country, golf, gun and fish clubs of
similar enterprises, and ranges.
(4) Athletic fields and stadiums.
(5) Power Plants and sub-stations, water pumping stations,
television, and radio transmission towers.
(6) Fishing camps on isolated isolated islands.
(7) Churches (Two (2) acres).
(8) HORSES: Horses may be kept only in a GU zone, on a
minimum of one (1) acre.
LOT AREA - MINIMUM - Lot area one (1) acre - Frontage 125 feet
Depth 125 feet"
Section 18. That paragraph 3.5.9 of Section 3 of Article X
be and the same is hereby amended to read as follows:
"3.5.9 Maximum Building Height.
TW0 '(2) stories or 35 feet A.G.L.
Section 19. That paragraph 5.5.9 of Section 5 of Article X
be and the same is hereby amended to read as follows:
"5.5.9 Maximum Building Height. Two Stories or 35 feet A.G.L.."
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Section 20. That paragraph 6.5.8 of Section 6 of Article X
be and the same is hereby amended to read as follows:
"6.5..8 Height Limitation. 55 feet A..G.L."
Section 21. That paragraph 6.5.9.2 of Section 6 of Article X
be and the same is hereby amended to read as follows:
"6.5.9.2 Buildings over 25 feet but less than 55 feet."
Section 22. That paragraph 6.5.10.1 of Section 6 of
Article X be and the same is hereby amended to read as follows:
"6.5.10.1 Up to two stories and above - six (6) per gross
acre."
Section 23. That paragraph 6.5.10.2 of Section 6 of Article
X be and the same is hereby amended to read as follows:
"6.5.10.2 3 stories and above - Eight (8) per gross acre."
Section 24. That paragraphs 7, 8 and 7.17.2 of Section 7
of Article X be and same are hereby amended to read as follows:
"7.8 Maximum density. Density shall not exceed six (6)
units per gross acre.
7.17.2 Apartments. Same as RU-3, except that maximum density
shall not exceed six (6) units per gross acre."
Section 25. That paragraphs 11.8.1, 11.8.2, 11.8.2A, 11.8.5,
11.8.6 and 11.8.10 of Section 11 of Article X be and the same are
hereby amended to read as follows:
"11.8.1
1 to 2 stories 20 units per gross acre
above 3 stories 25 units pre gross acre
Height Limitation same as RU-3
Buildings over 25 feet but less than 55 feet
31%
11. 8.2
11. 8 . 2A
11. 8.5
11.8.6
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Section 26.
That paragraph 6.8.9 of Section 6 of Article XII
be and the same is hereby added to read as follows:
"6.8.9 Shoreline Protection zones and tropical hanunock
protection areas."
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Section 27. 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 to the body of
a currently licensed and inspected business or personally owned
automobile, truck, van, or tractor trailer , or the like, will be
permitted, however, portable signs of this nature shall not be used
in an effort to circumvent the provisions of this ordinance."
Section 28. That paragraphs 3.2.2, 3.2.3, 3.2.4 and 3.2.5 of
Section 3 of Article XIV be and the same are hereby amended and new
paragraph 3..2.6 added to read as follows:
"3.2.2 Horizontal Zone - The area encompassing the runways,
primary zone, approach zones and transitional zone of each airport
wit~.the boundary formed by swinging arcs of specified radii from
the center of each end of the primary zone of each runway and connecting
adjacent arcs by lines tangent to those arcs. The radius specified
for each airport is as follows:
(1) Key West International
10,000 feet radius
(2) Marathon Flight Strip
5,000 feet radius
(3) Port Largo Airport
5,000 feet radius
No structure will be permitted in the horizontal zone
that is higher than 150 feet above the established airport elevation.
3.2.3 Conical Zone - The area extending outward from the
periphery of the horizontal zone for a distance of 4,000 feet..
Height limitations for structures in the conical zone are 150 feet
above airport elevation at the inner boundary with permitted height
increasing one foot vertically for every 20 feet of horizontal
distance measured outward from the inner boundary to a height of
350 feet above airport elevation at the 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 specified distance as follows:
(1) Key West International runway 9
5,000 feet
runway 27
10,000 feet
(2) Marathon Flight Strip and Port Largo Airport, all
runways - 5,000 feet
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The width of the approach zone is the same at the inner boundary
as the primary zone it adjoins and expands uniformly to a width at
the outer boundary as follows:
(1) Key West International, runway 9 1500 feet
runway 27 - 3500 feet
(2) Marathon Flight Strip, runway 7 and 25 - 1500 feet
(3) Port Largo Airport, runway 1 and 19
- 1250 feet
Permitted height limitations within the approach zones for runway 9
at Key West International and all runways at Marathon Flight Strip
and Port Largo Airport are the same as the height of the runway end
at the inner boundary and increase at the rate of one foot vertically
for every 20 feet horizontal distance. Permitted height limitations
within the approach zone for runway 27 at Key West International is
the same as the runway end at the inner boundary and increase one
foot vertically for every 34 feet horizontally.
3.2.5 Transitional Zone - The area extending outward from
the sides of the primary zones and approach zones connecting them
to the horizontal zone. Height limits within the transitional zone
are the same as the primary zone or approach zone at the boundary
line where 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.
3.2.6 Other ~ones - In addition to the height limitations
imposed in Paragraphs 3.2.1 through 3.2.5 of this section no
structure will be permitted that exceeds 500 feet above airport
elevation within:
(1) 10 nautical miles of Key West International Airport.
(2) 6 nautical miles of Marathon Flight Strip.
(3) 2.5 nautical miles of Port Largo Airport.
and no structure will be permitted within Monroe County that would
cause a minimum obstruction clearance altitude, a minimum descent
altitude or a decision height to be raised."
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(1) Key West International
(2) Marathon Flight Strip
(3) Port Largo Airport
- 10, 000 feet radius
5,000 feet radius
5, 000 feet radius
No structure will be permitted in the horizontal zone that is higher
than 150 feet above the established airport elevation.
3.2.3 Conical Zone - The area extending outward from the periphery
of the horizontal zone for a distance of 4, 000 feet. Height limitations for
structures in the conical zone are 150 feet above airport elevation at the inner
boundary with permitted height increasing one foot vertically for every 20 feet
of horizontal distance measured outward from the inner boundary to a height of
350 feet above airport elevation at the 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 specified distance as follows:
(1) Key West International runway 9 -
runway 27 -
5,000 feet
10,000 feet
(2) Marathon Flight Strip and Port Largo Airport, all
runways - 5,000 feet
The width of the approach zone is the same at the inner boundary as the primary
zone it adjoins and expands uniformly to a width at the outer boundary as
follows:
(1) Key West International, runway 9 -
runway 27 -
1500 feet
3500 feet
(2) Marathon Flight Strip, runway 7 and 25 - 1500 feet
(3) Port Largo Airport, runway 1 and 19
- 1250 feet
Permitted height limitations within the approach zones for runway 9 at Key West
International and all runways at Marathon Flight Strip and Port Largo Airport
are the same as the height of the runway end at the inner boundary and increase
at the rate of one foot vertically for every 20 feet horizontal distance. Permitted
height limitations within the approach zone for runway 27 at Key West Inter-
national is the same as the runway end at the inner boundary and increase one
foot vertically for every 34 feet horizontally.
3.2.5 Transitional Zone - The area extending outward from the sides
of the primary zones and approach zones connecting them to the horizontal zone.
Height limits within the transitional zone are the same as the primary zone
or approach zone at the boundary line where 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 center-
line, until the height matches the height of the horizontal zone, which forms the
outer boundary.
3.2.6 Other Zones - In addition to the height limitations imposed in
Paragraphs 3. 2.1 through 3.2. 5 of this section no structure will be permitted
that exceeds 500 feet above airport elevation within:
(1) 10 nautical miles of Key West International Airport
(2) 6 nautical miles of Marathon Flight Strip
(3) 2.5 nautical miles of Port Largo Airport
and no structure will be permitted within Monroe County that would cause a
minimum obstruction clearance altitude, a minimum descent altitude or a
decision height to be raised. II
...1-.4.....
Section 29. That paragraph 3.3.4 of Section 3 of Article XIV be
and the same is hereby amended to read as follows:
"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 a height of 156 feet AMSL at the inner boundary
where it adjoins the inner horizontal zone and ,_in. creases in permitted height
at a rate of one foot vertically for every 20 feet of horizontal distance measured
outward from the inner boundary to a height of 506 feet AMSL at the outer
boundary."
Section 30. That paragraph 4.1 of Section 4 of Article XIV be and the
same is hereby amended and new paragraph 4.1. 3 added to read as follow s:
"4.1 Public Civil Airport Land Use Restrictions - Overlay zones
are hereby created and established conforming to the boundaries of the zones
as defined in Section 3 of this Article and within which the following restrictions
on the uses permitted by underlying districts shall apply.
4.1. 3 No use will be made of land that is especially sensitive to noise
or would result in gathering together large crowds of people. 11
Section 31. That paragraph 4.2. 1 of Section 4 of Article XIV be and the
same is hereby amended to read as follows:
"4.2.1 The Land Use Objectives shown in Figure C 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, accide nt 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 incompatible, footnotes to Figure C 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:
-1l5-
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)
(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 32. 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.
~~tr~ta11! {tf ~ta.t~
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3918
BRUCE A. SMATHERS
SECRET AAY OF STATE
February 19, 1977
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of February 15 and certified copies
of Monroe County Ordinances Nos. 77-2 and 77-3, which were received
and filed in this office on February 18, 1977.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
~~~~VanaUgh
Chief, Bureau of Laws
NK/mb
j)ttrttart! of j)tatt
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
BRUCE A. SMATHERS
MARY L. SINGLETON
SECRETARY OF STATE
Director, Division of Elections
904/488-7690
May 25, 1977
Honorable Ralph W. White
C terk of the Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Dear Mr. White:
Complying with your request, we have inserted the corrected page
no. 5 into Ordinance No. 77-3.
Please let us know whenever we may be of assistance.
Cordially,
NK/mp
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(M,{) :'::?:avanaUgh
C~;f, Buteau of Laws
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