Ordinance 017-1980
~~
ORDINANCE NO. 17 - 1980
AN ORDINANCE OF THE COUNTY OF MONROE, FLORIDA
PROVIDJNG THAT THE CODE OF ORDINANCES, COUNTY
OF MON: )E, FLORIDA, BE AMENDED BY AMEN~ING
CHAPTER 19, ARTICLE I, SECTION 19-5 TO PROVIDE
FOR METHOD QE DETERMING HEIGHT OF BUILDING;
BY AMENDING CHAPTER 19, ARTICLE I, SECTION 19-5;
BY ADD .G DEFINITION OF THE WORD "STORY"; BY
AMENDING CHAPTER 19, ARTICLE III, SECTION 19-3J(7);
TO PROVIDE FOR GENERAL PROCEDURE FOR HANDLING
APPEAL OF ZONING BOARD DECISION CONCERNING
SPECIAL EXCEPTION USE OF ZONING DISTRICT BOUN-
DARY CHANGE; BY AMENDING CHAPTER 19, ARTICLE III,
SECTION 19-39(8) TO PROVIDE FOR GENERAL PROCEDURJ
FOR HANDLING APPEAL OF BOARD OF ADJUSTMENT CON-
CERNING DIMENSIONAL VARIANCES; BY AMENDING CHAPTER ".
19, ARTICLE IV, SECTION 19-62 TO PROVIDE FOR
GENED~L PROCEDURE FOR HANDLING APPEAL OF ZONING
BOAR~ PECISION CONCERNING SPECIAL USE; BY AMENDING
CHAPTE~ 19, ARTICLE VI, SECTION 19-108 TO PROVIDE
REGULATIONS REGARDING USE OF HOUSEBOATS AND
BOATS FOR LIVING PURPOSES; AMENDING CHAPTER 19,
ARTICLF TX, SECTION 19-198(1) TO PROVIDE FOR
l.lAX lMUM LlJI LD ING HE I GHT; BY AMEND ING CHAPTER 19,
ARTICLE IX, SECTION 19-199(a) (2) TO PROVIDE FOR
SINGLE FAMILY SWELLINGS; BY AMENDING CHAPTER 19,
ARTICLE T", SECTION 19-199(e) (9) TO PROVIDE FOR
nAXIMUM BlJ LLDING HEIGHT; BY AMENDING CHAPTER 19,
ARTICLE IX, SECTION 19-200(5)b, BY ADDING SUB-
SECTIC~T 6 TO PROVIDE FOR MAXIMUM HEIGHT; BY
AMENDING CHAPTER 19, ARTICLE X, SECTION 19-217(2)
h TO PROVIDE FOR MAXIMUM HEIGHT; PROVIDING AN
EFFECTIVE DATE.
BE r 0r~~I~JD BY THE BOARD OF COUNTY CO~~ISSIONERS OF
MONROE COUNTY, ~tORIDA:
Section 1. That Section 19-5 of the ('()t.~ of Ordi:-.anC' s
of the County of Monr0l , Florida, be am('nded so that such section
~
shall read
fo1'ows:
~
~'B~i1ding height. The height of a building wi+h gan..l..3s or
hip roof shall be the v_rtica1 distailce measured from thE:
averc T :
,,,
ground level, AGL, of the building site to the top of the ;00~ of
the l'"?rermost story. The he ".ght of a building w; th ~ 'lat i"oof
"
shall be measured as stated above to the highest point of th: ror ~
3' d shall include the parapet or coping. A flat roof sl111 be
considered a roof that has a slope of less than seven (7 rJ.pc;rees
'th the h0rizontal. Maximum height limitations shall nl dpp1y
~urch spires, belfries, monuments, utility towers, fir'
ou~ ation towers, chimneys, smoke stacks, antennas, transmission
~,~
towers, cooling towers, mechanical equipment and housing Cor
same, or other appurtenances, either temporary or permanent.
Section 2. That the Code of Ordinances of the County
of Monroe, be amended by adding definition of the word "Story"
under Section 19-5 of Article III, Chapter 19, to read as
follows:
"Story. If the first "Habitable" floor is located
at the established 100 year flood level, no space
below that floor shall be considered as a "story".
If the first "habitable" floor is located
above the established 100 year flood level, any open
space below that floor which has a vertical height
clearance in excess of seven (7) feet above natural
ground level shall be considered a "story". Any
open space with less than seven (7) feet above
natural ground level vertical clearance shall be
considered a crawl space, and not a "story".
Nothing herein shall be deemed to effect the defi-
nition of maximum building height as defined in this
Ordinance.
Section 3. That Section 19-38(7) of the Code of Ordi-
nances of the County of Monroe, Florida, be amended so that such
section shall read as follows:
"Section 19-38 (7) . If, after the Zoning Board
has acted on a request for a special exception use
or a zoning district boundary change, an Appeal IS
brought by the applicant or another concerned
party, the Board of County Commissioners shall hold
a hearing to take action on the Appeal. Such Appeal
shall be limited to the record of the proceedings
before the Zoning Board.
.. ..
1111110
Section 4 . That Section 19-38 (8) of the Code of Ordi-
nances of the County of Monroe, Florida, be amended so that
such section shall read as follows :
"Section 19-38 (8) . If_ , after the Board of Adjust-
ment has acted on a request for a Dimensional
Variance, an Appeal is brought by the applicant
or other concerned party, the Board of County-
Commissioners hall hold a hearing to take
action on the Appeal . Such Appeal shall be
• limited to the record of the proceedings before
the Board of Adjustment . "
Section 5 . That Section 19-62 of the Code of Ordinances
of the County of Monroe, Florida, be amended so that such
section shall read as follows :
"Section 19-62 . If, after the Zoning Board has
acted on a request for approval of a Special Use ,
an Appeal is brought by the applicant or another
concerned party., the Board of County Commissioners
shall hold a hearing to take action upon the
Appeal Such Appeal shall be limited to the
record of the proceedings before the Zoning Board. "
Section 6 . That Section 19-108 of the Code of Ordinances
of the County of Monroe , Florida, be amended so that such
section shall read as follows :
"Section 19-108 . No boat, houseboat or vessel shall be used
for living purposes in an "R" (residential) District , (including
abutting canal and open water) . Living aboard boats , houseboats ,
or vessels shall be permitted only in Marinas approved for this
purpose and where their sewage disposal facilities are connected
to an onshore disposal system that has been approved by the Monroe
County Health Department and the Monroe County Building Department .
■OW
For ..a marina to be approved for the berthing of living aboard
boats , houseboats , or vessels , the marina must have a sewage
disposal system to which all living aboard boats , houseboats ,
or vessels in the marina can connect , such system must be approved
by .the Monroe County Health Department and the Monroe County
Building Department .
Any marina not in conformity with this Section shall have
one year from date of passage to conform.
Sewage affluent shall not be discharged into any waterway
in Monroe County.
Section 7 . That Section 19-198 (1) of the Code of
Ordinances of the County of Monroe , Florida, be amended so
that such section shall read as follows :
"Section 19-198 (1) . Maximum Building Height . Shall
not exceed two (2) stories or thirty-five (35) AGL existing
in area where building will be located. "
Section 8 . That Section 19-199 (a) (2) of the Code of
Ordinances of the County of Monroe , Florida, be amended so
that such section shall read as follows :
"Section 19-199 (a) (s) . Single family dwellings . "
Section 9 . That Section 19-199 (3) (9) of the Code of
Ordinances of the County of Monroe , Florida, be amended so
that such section shall read as follows :
"Section 19-199 (3) (9) . Maximum building height, two (2)
stories or thirty-five (35) AGL existing in area where
building will be located. "
Section 10 . That the Code of Ordinances of the County of
Monroe, Florida, be amended by adding a section to be numbered
19-200 (5)b6 to read as follows :
"Section 19-200 (5)b6 . Maximum building height shall not
exceed two (2) stories or thirty-five (35) feet AGL existing in
Section 11 . That Section 19-217 (2)h of the Code of
Ordinances of the County of Monroe, Florida-, be amended so
that such section shall read as follows :
"Section 19-217 (2)h. Maximum building height shall not
exceed forty-four (44) feet AGL in area where building will be
located, , and not to exceed four (4) stories . "
Section 12 ., That Section 19-218 (4) c and Section 19-218d of
the Code of Ordinances of Monroe County; Florida, be amended so
that such section shall read as follows :
"Section 19-218 (4) c . Bars , Etc . . .BU-2D, BU-2E and
BU-3 maybe granted for bars , saloons , taverns , wine hops , -
cabarets , nightclubs , cocktail lounges , and restaurants .
• . Section 19-218d. Where Permitted: Alcoholic beverage
. licenses may only be applied for in BU-1 , BU-2 , BU-3 , RU-5P ,
RU-6 , RU-7 , PUD, PA and RU-3 , RU-4 with restrictions . A
license may also be approved for a private club located on GU
property. "
Section 13 . That all ordinances or parts of ordinances
in conflict. with this ordinance are hereby repealed.
Section 14 . 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 .
BOARD OF COUNTY COMMISSIONERS
OF MONROE COT TY, FLORIDA
(SEAL) By airman
Attest :
/lerk
gum
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, August 12 , 1980 , at 5 : 15 P .M. at the Marathon
Subcourthouse , Marathon, Monroe County, Florida , and on
Tuesday, August 26 , 1980 , _at: 5 :15 A.M. in Courtroom "B'.,' ,
Courthouse Annex, 500 Whitehead Street , Key West , Florida,
the Board of County Commissioners of Monroe County, Florida,
intends to consider the adoption of the following County
Ordinance :
ORDINANCE NO. - 1980
AN ORDINANCE OF THE COUNTY OF MONROE , FLORIDA,
PROVIDING THAT THE CODE OF ORDINANCES , COUNTY
OF. MONROE , FLORIDA, BE AMENDED BY AMENDING
CHAPTER 19 , ARTICLE I , SECTION 19-5 TO PROVIDE
FOR METHOD OF DETERMINING HEIGHT OF BUILDING ;
BY AMENDING CHAPTER 19 , ARTICLE I , SECTION
19-5 BY ADDING DEFINITION OF THE WORK "STORY" ;
BY AMENDING CHAPTER 19 , ARTICLE III , SECTION
19-38 (7) TO PROVIDE FOR GENERAL PROCEDURE FOR
HANDLING APPEAL OF ZONING BOARD DECISION CON-
CERNING SPECIAL EXCEPTION USE OR ZONING DIS-
TRICT BOUNDRY CHANGE ; BY AMENDING CHAPTER 19 ,
ARTICLE III , SECTION 19-38 (8) TO PROVIDE FOR
GENERAL PROCEDURE FOR HANDLING APPEAL OF, BOARD
OF ADJUSTMENT CONCERNING DIMENSIONAL VARIANCES ;
BY AMENDING CHAPTER 19 , ARTICLE IV, SECTION
19-62 TO PROVIDE FOR GENERAL PROCEDURE FOR
HANDLING APPEAL OF ZONING BOARD DECISION
CONCERNING SPECIAL USE ; BY AMENDING CHAPTER 19 ,
ARTICLE VI , SECTION 19-108 TO PROVIDE REGULA-
TIONS REGARDING USE OF HOUSEBOATS AND BOATS
FOR LIVING PURPOSES ; AMENDING CHPTER 19 ,
ARTICLE. IX, SECTION 19-198 (1) TO PROVIDE FOR
MAXIMUM BUILDING HEIGHT ; BY AMENDING CHAPTER
19 , ARTICLE IX, SECTION 19-199 (a) (2) TO PROVIDE
FOR SINGLE FAMILY DWELLINGS ; BY AMENDING CHAPTER 19 ,
ARTICLE IX, SECTION 19-199 (e) (9) TO PROVIDE FOR
MAXIMUM BUILDING HEIGHT ; BY AMENDING CHAPTER 19 ,
ARTICLE IX, SECTION 19-200 (5)b BY ADDING SUB-
SECTION 6 TO PROVIDE FOR MAXIMUM HEIGHT ; BY
AMENDING CHAPTERS19 , ARTICLE X, SECTION 19-217 (2)h
TO PROVIDE FOR MAXIMUM HEIGHT; PROVIDING AN
EFFECTIVE DATE .
DATED at Key West , Florida this 17th day of July, A.D.
WEER
•
•
(SEAL)
•
Publish: Tuesday, July 22 , 1980
Thursday, July 24 , 1980
Please mail statement to: Board of County Commissioners
Post Office Box 1680
Key West; Florida 33040
Please mail proof of
publication to : Michael H. Cates , Esq.
County Attorney
505 . Whitehead Street
Key West , Florida 33040
4
+ D - - - - - -- - .
PROOF OF PUBLICATION
CT1r IKrit iiIi rst TittErn
Published Daily
Key West, Monroe County, Florida
STATE OF FLORIDA)
COUNTY OF MONROE) ss.
Before the undersigned authority personally appeared .
.R,1.0. iZIL B,9pp,gi. p , who on oath says that he is
- . At3vP.rt...g.ing. 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. Intentioi
to Consider Adoption of County Ordinance
in the matter of -
Lv �'�?it3N
OF-COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN
TO WHOM IT MAY CONCERN
that on-Tuesday,August 12, 1980,
at 5:15 P.M..at the Marathon j .
' Subcourthouse, Marathon,
Monroe County, Florida, and on
, Tuesday,August 26, 1980,at 5:15
P.M. in Courtroom "B", Cour-
thouse Annes, 500 Whitehead
Street; Key 'West, Florida, the
Board of County Commissioners of
Monroe County, Florida, intends
to consider the adoption of the
following County Ordinance: -
ORDINANCE NO.-1980
AN' ORDINANCE OF THE
COUNTY OF' MONROE,
FLORIDA, PROVIDING THAT
THE CODE OP ORDINANCES,
COUNTY OF , MONROE,
FLORIDA, BE AMENDED BY
,AMENDING CHAPTER 19,
• ARTICLE I, SECTION 19-5 TO
, PROVIDE FOR METHOD OF •
' DETERMINING HEIGHT. OF
BUILDING; BY AMENDING
CHAPTER 19 ARTICLE I,
SECTION 19.5 BY ADDING '
DEFINITION OF THE WORD
"STORY"; BY AMENDING
was ublished in said CHAPTER 19,-ARTICLE III, ties of Aug 4f 1980
P SECTION 19-38(7( TO PROVIDE
FOR GENERAL PROCEDURE
FOR HANDLING APPEAL OF
'ZONING BOARD• DECISION '
,CONCERNING SPECIAL EX-' ,
'CEPTION USE•OR ZONING '
'DISTRICT BOUNDARY
Affiant further S.CHANGE; BY AMENDING e Key West Citizen is a
CHAPTER 19, ARTICLE III, onroe county, Florida,
newspaper published at'SECTION 19-38(8) TO PROVIDE I
and that the said news,FOR HANDLNG A PEALUOF I been continuously
BOARD OF ADJUSTMENT
published in said MOnr1CONCERNING DIMENSIONAL each day (except
Saturdays) and has bee'VARIANCES; BY' AMENDING , -class mail matter at the
CHAPTER 19, ARTICLE-IV,
post office in KeyWesSEClION 19.62 TO PROVIDE' ' )unty, Florida, for a
FOR GENERAL PROCEDURE
period of one year nexFDR HANDLING-APPEAL OF ; 'st publication of the
ZONING BOARD DECISION
attached copy of adverCONCERNING SPECIAL USE; It further says that he has
BY AMENDING CHAPTER 19,
neither paid nor prom]ARTICLE VI,SECTION 19-108 TO- ' 1 or corporation any
discount, rebate, COTClT1 PROVIDE REGU - the purpose of securing
USE LATIONS OF' P P
HOUSEBOATS AND BO F
this advertisement f O� LIVING PURPOSES;ATS AMEN-OR , said newspaper.
DING CHAPTER 19, article ix,
section 19-198(1) TO PROVIDE •
I FOR BUILDING •
HE GH.Tr;XI BYM AMENDING' ' "
jI CHAPTER 19, ARTICLE IX,
SECTION 19-199(a) (2) TO.
PROVIDEAM FOR SINGLE' " 1. • . .
FAMILY DWELLINGS; BY • C/ �j
NOI RY P(,BLIC SI AMENDING CHAPTER 19, ' •ICLEIIX,SECTION19-199(e) '�Cl��cf /' •L. •
MY COMMISSt< (9) TO PROVIDE FOR -
BOIvDtU i•`1KU L,E�Mal
A X I.M;U M BUILDING
HEIGHT• BY AMENDING
I SECTIONR19-200(5 b BY ADDING
(SEAL) :SUB-SECTION 6 TO PROVInF-• • !1 '
ii~~~7J:I~~\
'"' i"'"I/...I. ~~"'" ~
I{~CJ
~trrtt(tru {If ~tatt
'-
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488.3680
GEOH(;E FmESTO"'E
SECRETARY OF STATE
October 9, 1980
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Virginia M. Pinder, Deputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Plor irla
Statutes, this will acknowledge:
1. Receipt of your letter/s of
October 2
and certified copy/ies of
County Ordinance/s No./s
Monroe
80-17
2.
Receipt of
relative to:
County Ordinance/s
(a)
which we have numbered.
(b)
which we have numbered.
3. We have filed this/these ordinance/s lD this office
0::: tober 9, 1980 .
4. The original/duplicate copy/ies showing the filing
date is/are being returned for your records.
Cordially,
Jt;r tff j ~4~~
(Mrs.) ~ncy Kavanaugh
Chief, Bureau of Laws
NK/ rob