Ordinance 007-1981ORDINANCE NO. 7 1981
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY ADDING A
SECTION TO BE NUMBERED, SECTION 19-197A TO
CHAPTER 19, ARTICLE IX. RESIDENTIAL DISTRICTS,
PROVIDING FOR NEW ZONING DISTRICT RU-3N,
NURSING AND CONVALESCENT FACILITIES DISTRICT;
AMENDING CHAPTER 19, ARTICLE IX. RESIDENTIAL
DISTRICTS BY REPEALING SECTION 19-121. NURSING
HOMES; AMENDING SECTION 19-124(a) OF CHAPTER
19, ARTICLE IX. RESIDENTIAL DISTRICTS, PRO-
VIDING FOR TWO PARKING SPACES FOR EACH FIVE
PATIENT BEDS; AMENDING CHAPTER 19, ARTICLE IX.
RESIDENTIAL DISTRICTS BY REPEALING SECTION
19-216(c)(9) NURSING HOMES, HOMES FOR THE
AGED; AMENDING CHAPTER 19, ARTICLE IX. RESI-
DENTIAL DISTRICTS BY REPEALING SECTION
19-216.3(a)(5) NURSING HOMES: AMENDING CHAP-
TER 19, ARTICLE IX. RESIDENTIAL DISTRICTS BY
REPEALING SECTION 19-216.3(a)(6) HOMES FOR
THE AGED; PROVIDING FOR SEVERABILITY; REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
INCLUSION AND INCORPORATION OF THIS ORDINNANCE
IN THE CODE OF ORDINANCES OF THE COUNTY OF
MONROE, FLORIDA; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COM14ISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1. That the Code of Ordinances of the County of
Monroe, Florida, be amended by adding a section to be numbered
Section 19-197A, to read as follows:
"Section 19-197A. RU-3N, Nursing and Convalescent
Facilities District.
(a) Purpose. This district is intended to pro-
vide NURSING AND CONVALESCENT FACILITIES: A building
or buildings where for compensation pursuant to a
previous agreement, care is offered or provided for
three (3) or more persons suffering from illness, other
than a contagious disease or sociopathic or psychopathic
behaviours which is not of sufficient severity to re-
quire hospital attention, or for three (3) or more
persons requiring further institutional care after
being discharged from a hospital, other than a mental
hospital. Patients usually require domiciliary care
in addition to nursing care. Facilities shall be
Page 1 of 6 Pages
licensed by the State. It is also the intention the
facilities provide the amenities of a protected en-
vironment.
(b) Location. Such facilities shall not be
located on any major arterial street. Access to the
facility should the facility require ambulance service
shall be from a collector and in such manner so as to
minimize the adverse effects on adjacent property.
The environment created should be of a residential
nature and so designed as to minimize any adverse
conditions which might detract from the primary con-
valescent and recuperation purpose of the facility.
(c) Principal uses permitted. Multiple room
buildings designed for nursing and convalescent patients
along with the attendant kitchen, therapeutic and
leisure floor areas.
(d) Accessory uses permitted. Outdoor thera-
peutic and passive recreational areas, including
wading, swimming pools, exercise units and walking or
wheelchair paths for exclusive use of patients and
staff.
(e) Uses permitted upon special approval. Office
building related to principal use and/or living quarters
for professional staff members. Staff quarters five
hundred (S00) sq. ft. minimum. Maximum density, 8 units
per gross acre.
(f) Uses prohibited. All other uses except
(a), (b), (c) above, including any form of "time shar-
ing".
(g) Lot and building requirements:
(1) Minimum project area:
a. Four (4) acres.
b. Two and one-half (2-1/2) acres if
employee housing is not included
in project area.
Page 2 of 6 Pages
C. A computation of the total acreage
of the tract to the nearest tenth
of an acre.
(2) Minimum lot width: two hundred (200)
feet.
(3) Minimum lot depth: two hundred (200)
feet.
(4) Minimum front yard: fifty (50) feet.
a. Abutting a road, fifty (50) feet
from closest edge of R/W.
(5) Minimum rear yard:
a. Abutting another parcel of land
or subdivision, thirty (30) feet.
b. Abutting a road, thirty (30) feet
from closest edge of R/W.
C. Abutting U.S. Highway No. 1, one
hundred (100) feet from closest
edge of R/W.
(6) Minimum side yards:
a. Between buildings up to two (2)
stories: twenty (20) feet.
b. Abutting a road or another lot or
parcel: twenty (20) feet
(7) Minimum setback from any manmade
waterway - twenty (20) feet. Minimum
setback from mean high water mark from
any natural waterway - fifty (50) feet.
(8) Height limitation shall not exceed
thirty-five (35) feet AGL and shall not
exceed two (2) stories.
(9) Maximum percentage of lot coverage:
fifty (50) percent.
(10) Density: The maximum permitted density
shall not exceed twelve (12) units per
gross acre.
Page 3 of 6 Pages
For definition purposes, four (4) nursing
home beds shall be classified as one (1)
unit.
a. Multiple patient room size shall
be not less than ninety (90) square
feet per patient bed.
b. Individual patient rooms shall not
be less than one hundred twenty
(120) square feet per patient bed.
(11) Room Facilities: Each patient room shall
have direct access to a toilet and washbowl
in addition to audio monitors and call
buttons. Adequate central bathing facilities
shall be provided for the safety and well
being of the patients. Individual or
multiple patient rooms or suites shall in
no case have kitchen facilities available
for the preparation of food or be so altered.
(12) Floor Space: The facility shall contain
a minimum of two hundred forty (240)
square feet of floor area per patient
bed.
(13) Minimum Leisure Floor Area: At least
ten (10) percent of the total floor
area shall be devoted to a common area
exclusive of halls, corridors, stairs,
elevator -shaft for a variety of re-
creational or therapeutic activities.
Included in this area may be treatment
rooms, activities areas, dining rooms
and day rooms.
(14) Food Preparation: The preparation of
food shall be accomplished at a central
kitchen facility in consultation with a
Page 4 of 6 Pages
trained nutritionist. Meals may be
served to individuals in their rooms.
(1S) Outdoor recreation shall be provided
on site.
(16) Parking: Off-street parking shall be
provided as required in sections 19-124 -
19-127 of this chapter."
Section 2. That Section 19-121. Nursing Homes, of Chapter
19, ARTICLE IX. RESIDENTIAL DISTRICTS of the Code of Ordinances,
County of Monroe, Florida, is hereby repealed and declared null
and void and of no effect.
Section 3. That Section 19-124(a) of Chapter 19, ARTICLE
IX. RESIDENTIAL DISTRICTS, of the Code of Ordinances of the
County of Monroe, Florida, be amended so that off-street parking
and loading facilities for nursing homes be changed from one
space for each two (2) patient beds to two (2) spaces for each
five (S) patient beds.
Section 4. That Section 19-216(c)(9) Nursing homes, homes
for the aged, of Chapter 19, ARTICLE IX. RESIDENTIAL DISTRICTS,
of the Code of Ordinances, County of Monroe, Florida, is hereby
repealed and declared null and void and of no effect.
Section S. That Section 19-216.3(a)(S) Nursing homes,
of Chapter 19, ARTICLE IX. RESIDENTIAL DISTRICTS, of the Code of
Ordinances, County of Monroe, Florida, is hereby repealed and de-
clared null and void and of no effect.
Section 6. That Section 19-216.3(a)(6) Homes for the aged,
of Chapter 19, ARTICLE IX. RESIDENTIAL DISTRICTS, of the Code of
Ordinances, County of Monroe, Florida, is hereby repealed and de-
clared null and void and of no effect.
Section 7. If any section, subsection, sentence, clause
or provision of this Ordinance is held invalid, the remainder
of this Ordinance shall not be affected by such invalidity.
Section 8. That all ordinances or parts of ordinances in
conflict with this Ordinance are hereby repealed.
Page S of 6 Pages
Section 9. The provisions of this Ordinance shall be in-
cluded and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 10. This Ordinance shall take effect immediately
upon receipt of official notice from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with said Office.
(Seal)
Attas off W. � I C
�n LE1\X
Q -
Clerk
ADOPTED: July 28, 1981
FILED WITH DEPARTMENT OF STATE:
EFFECTIVE:
BOARD OF COUNTY COMMISSIONERS
OF MO COUNTY, FLORIDA
By
ayor C airman
August 4, 1981
BY
_Page 6 of 6 Pages
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, July 14, 1981, at 10:00 A.M. at the Monroe County
Courthouse Annex, Courtroom "B", 500 Whitehead Street, Key
West, Florida, and on Tuesday, July 28, 1981, at 10:00 A.M.
at the Plantation Key Governmental Center, Plantation Key
Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of
the following County Ordinance:
(SEAL)
ORDINANCE NO. -1981
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA
PROVIDING THAT THE CODE OF ORDINANCES, COUNTY
OF MONROE, FLORIDA, BE AMENDED BY ADDING A
SECTION TO BE NUMBERED, SECTION 19-197A TO
CHAPTER 1.9, ARTICLE IX. RESIDENTIAL DISTRICTS,
PROVIDING FOR NEW ZONING DISTRICT RU-3N,
NURSING AND CONVALESCENT FACILITIES DISTRICT;
AMENDING CHAPTER 19, ARTICLE IX. RESIDENTIAL
DISTRICTS BY REPEALING SECTION 19-121. NURSING
HOMES; AMENDING SECTION 19-124(a) OF CHAPTER
19, ARTICLE IX. RESIDENTIAL DISTRICTS, PRO-
VIDING FOR. TWO PARKING SPACES FOR EACH FIVE
PATIENT BEDS; AMENDING CHAPTER 19, ARTICLE IX.
RESIDENTIAL DISTRICTS BY REPEALING SECTION
19-216(c)(9) NURSING HOMES, HOMES FOR THE
AGED; AMENDING CHAPTER 19, ARTICLE IX. RESI-
DENTIAL DISTRICTS BY REPEALING SECTION
19-216.3(a)(5) NURSING HOMES: AMENDING CHAP-
TER 19, ARTICLE IX. RESIDENTIAL DISTRICTS BY
REPEALING SECTION 19-216.3(a)(6) HOMES FOR
THE AGED; PROVIDING FOR SEVERABILITY; REPEAL-
ING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR
INCLUSION AND INCORPORATION OF THIS ORDINANCE
IN THE CODE OF ORDINANCES OF THE COUNTY OF
MONROE, FLORIDA; PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 2nd day of June, A.D. 1981.
RALPH W. WHITE
Clerk of the Circuit Court
of Monroe County, Florida,
and ex officio Clerk of the
Board of County Commissioners
of "Ionroe County, Florida
C_�
Publish: Tuesday, June 9, 1981
Tuesday, June 23, 1981
Please send statement to:
Please mail proof of
publication affidavit to:
Board of County Commissioners
Post Office Box 1680
Key West, Florida 33040
Lucien C. Proby, Jr., Esq.
County Attorney
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
PROOF OF PUBLICATION
T14e Irg Mrst TUften
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) Ss -
Before ore the • undersigned authority personally appeared ...........
.... B, rb?LrA •Wqj .qrd• • ... ..... f who on oath says that he is ......
.. A.d 4 't,�,4 ng.. . PLR .. ....... .. . . . 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 Consider Adoption of County Ordinance
in the matter of
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%7as published in said newspaper in the issues of
June 9, 23, 1981
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 advertise-
ment; 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. RAF
P, LA
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MY CoN, J �S' ..... ..... .... .
(SEAL)
Sworn to a d subscribed before me tha.& .........L�:.�...........
day of ........ .-�..., A.D. 19�0?.I.
.. . .....
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FLORIDA DEPARTMENT OF STATE
George Firestone
Secretary of State
August 6, 1081
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, FL 33040
Attention: Virginia Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida
Statutes, this will acknowledge:
Receipt of your letter/s of August 4,
and certified copy/ies of Monroe
County Ordinance/s No./s 81-7 and 81-8
2. Receipt of County Ordinance/s
relative to:
(a)
which we have numbered
(b)
which we have numbered _
We have filed tuts/these Ordinance/s in this office
August 6 1981
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Cordially,
(71ei, Kavanaug
C of Law
NK/Mb
FLORIDA-State of the Arts
The Capitol • Tallahassee, Florida 32301 • (904) 488 -3680