Florida Regulations 28-37.003: Land Development Regulations
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The following ordinances of the City of Key West are adopted, as amended herein, and are incorporated by reference as the land development regulations for the City of Key West:
(1) “”The City of Key West Community Impact Assessment Ordinance,”” Sections 24-1/2-31 through 24-1/2-40 of the City of Key West Code of Ordinances, including ordinances 76-5, 84-2 and 84-43; with the following amendments:
(a) Add to Section 24-1/2-34, under (b): “”or, any residential development in which the gross residential density is 10 or more units per acre and the development requires rezoning, variance or special exception modifying the presently allowed density.””
(b) Section 24-1/2-34
Insert new:
(d) Any development which occurs in or adjacent to wetland communities as defined by marshes and shallow areas which may periodically be inundated by tidal waters and which are normally characterized by the prevalence of salt and brackish water vegetation capable of growth and reproduction in saturated soil, including but not limited to batis (Batis maritma), black mangroves (Avicennia germinans), red mangroves (Rhizophora mangle) and white mangroves (Laguncularia racemosa), Cord grass (Spartina spp.), Buttonwood (Conocarpus erectus), glasswort (Salicornia spp.), Key Grass (Monathocloe littoris), sea daisy (Borrichla spp.), and sea purslane (Sesuvium portulascasstrum).””
(d) becomes (e)
(e) becomes (f)
(c) Section 24-1/2-35 (a), line 16.
Add after “”required,”” “”If no building permit has been issued within one calendar year from the date of approval of a development’s CIAS, the approval shall expire and a new CIAS must be approved before any building permits can be issued.””
(d) Section 24-1/2-37(a)(5)
After “”site”” add:
“”shall provide for:
(1) Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.
(2) Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration.””
(e) Section 24-1/2-37.
(a) Maps
Add:
(9) A natural vegetation map if the site includes wetland communities.
(f) Section 24-1/2-37.
Delete (d)(1) and substitute:
(d) Natural Resources.
(1) Natural Vegetation: If wetland communities are found in or adjacent to the site, describe all proposed site alterations in these areas including dredging, filling, spoil sites, canals and channels. Identify measures which have been taken to protect conditions and characteristics which promote shoreline stabilization, storm surge abatement, water quality maintenance, wildlife and marine resource habitats, and marine productivity. Illustrate how any activity or structure that will impact wetland communities will be performed, located, constructed and maintained to prevent or mitigate any adverse impacts to wetland communities.
(g) Section 24-1/2-2-37(g).
Add (4) as follows:
(4) Describe hurricane evacuation considerations which acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilities identified in such plans.
(h) Section 24-1/2-37(h).
Add:
(10) Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Protection has been obtained for any activity that will impact wetland communities or submerged lands.
(i) Add Section 24-1/2-41 – Site Plan Review.
Beginning January 2, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of eight (8) or more habitable units or non-residential projects which result in the creation or expansion of four thousand (4,000) square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review are required, the maximum fee shall not exceed $6,000.00.
Beginning July 1, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of three (3) or more habitable units, or non-residential projects which result in the creation or expansion of 500 square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review is required, the maximum fee shall not exceed $6,000.00.
If a proposed project is abandoned for a new project or is substantially changed in the opinion of the zoning official, a new fee will be charged for the project.
The purpose of the site plan procedure is to aid the developer through approval of preliminary plans prior to development of complete construction drawings. Approvals should be secured prior to the construction document phase. The required site plan submission may be submitted along with construction drawings at the time of building permit application. However, a building permit will not be issued until site plan approval has been granted.
Section 1. Consideration in reviewing Site Plan. The following will be considered, depending on the nature of the project, by the Zoning Official for site plan approval and by those departments, agencies and persons reviewing and evaluating site plans:
A. Compliance with all City policies, standards and zoning regulations.
B. The provision of adequate, safe vehicular and pedestrian circulation.
C. The provision of adequate open space and landscaping.
D. The provision of surface run-off and site drainage.
The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.
E. Consistency with the Key West Comprehensive Plan.
Section 2. Information Included in Site Plan. A site plan for the purposes of this Section shall include, but not necessarily be limited to the following requirements. All drawings must be drawn to scale. All projects requiring preparation by an architect or engineer shall be completed in accordance with Chapters 471 and 481, Florida Statutes, as amended, which establish standards for the qualifications, licensing, and registration of these professions and further prescribes a form of seal to be used by all valid registrants. Each site plan application shall be signed by the legal owner or authorized agent with power of attorney.
A. All Site Plan applications shall include, where applicable:
1. General Information.
a. Street address and complete legal description of the site.
b. Description of the project, including total lot area, total building area, building square footage by type, site coverage, square footage of paved areas and open areas, number of dwelling units, along with other pertinent information.
2. Drawings.
a. Map illustrating existing land uses within 100 feet of the site.
b. Site Plan.
(I) Site boundaries including existing and proposed easements and rights-of-way.
(II) Location and use of all buildings and structures on the site, showing existing and proposed buildings.
(III) Location and character of all:
• Paved areas and parking areas, including walkways, indicating wearing surface materials.
• Outside facilities for waste disposal, storage or display, and related screening.
• Open space and landscaping, including the height of all perimeter walls, fences, hedges, ornamental walls and other screening devices.
• Curb cuts on the site.
c. Generalized floor plan indicating dimensions and square footage of each use of all building, building addition, or structure; and indicating new and existing construction.
d. Elevation drawings showing the sides, front and rear of the proposed building or building addition, indicating the exterior construction material and color, height between floors, first floor, elevation and roof height.
e. Additional drawings such as perspective, transverse section, etc. may be submitted to more accurately depict a project.
f. Location, character and orientation of signs and outdoor lighting.
g. Systems for controlling stormwater runoff.
B. Supplemental Requirements.
1. Those projects located on or along a shoreline shall include the following:
a. Any easements or rights-of-way providing public access to the shoreline.
b. The location and type of any existing or proposed bulkhead.
2. The Zoning Official may require that additional information be included in site plans, including but not limited to information concerning:
a. Protection of vegetation.
b. Shoreline protection.
c. Flood protection and elevations.
d. Consistency with the Key West Comprehensive Plan.
3. Identification of the size and nature of any recreation facilities being provided on the site.
(2) “”The Zoning Ordinance of the City of Key West, Florida,”” Appendix A of the Code of Ordinances (except for those sections approved in Chapter 9B-30, FAC) with the following amendments:
(a) Section I, page 2861, line 1.
Change “”Milo Smith and Associates, Inc.”” to “”Regional Research Associates.””
(b) Section I, page 2862, line 4.
Change “”Milo Smith and Associates, Inc.”” to “”Regional Research Associates.””
© Section VII, page 2873.
Add new paragraph (1)(f) to read:
“”Environmentally sensitive areas including but not limited to wetland communities, mangroves, tropical hardwood hammocks and salt ponds shall be zoned with a maximum density of one unit per acre. Site alteration shall be limited to a maximum of 10% of the total site size.””
(d) Section VII, page 2873(2)(k).
Change “”35 feet”” to “”25 feet.””
© Section VII, page 2876(3)(j).
Change “”40 feet”” to “”25 feet.””
(f) Section VII, page 2878(4)(k).
Change “”40 feet”” to “”25 feet.””
(g) Section VII, page 2884.1(7)(j)1.
Change “”40 feet”” to “”30 feet.””
(h) Section VII, page 2884.1(7)(j)2.
Change “”40 feet”” to “”30 feet.””
(i) Section VII, page 2886(8)(j).
Change “”40 feet”” to “”35 feet.””
Add “”provided, however, an additional 5 feet of building height shall be allowed when the roof is of a pitched design, which roof shall be approved by the OIRC.””
(j) Section VII, page 2886.2(8A)(j).
Change “”40 feet”” to “”30 feet.””
(k) Section VII, page 2895(11)(j).
Change “”40 feet”” to “”35 feet.””
(l) Section VII, page 2896(12)(j).
Change “”none”” to “”35 feet.””
(m) Section VII, page 2896.3(13)(a)(4).
Change “”four (4) stories”” to “”40 feet.””
(n) Section IX, page 2912(1)(a).
Replace paragraph with:
Definition of off-street parking spaces: For the purpose of this ordinance, the term “”off street parking space”” shall be a minimum of nine feet (9′) wide and twenty feet (20′) long. Driveways for a parking area shall be a minimum of twenty feet (20′) wide (two-way) and twelve feet (12′ ) wide (one-way).
(o) Section XIII, page 2929(4)a, line 2.
Change “”HP-1 and HP-2 Districts”” to “”HP Districts.””
(p) Section XIII, page 2929(4)b, line 1.
Change “”HP-1 and HP-2″” to “”the HP.””
(q) Section XIII, page 2929(4)©, line 1.
Replace “”In a district zoned HP-1 or HP-2″” with “”In an HP district.””
© Section XIII, page 2929(4)©, line 5.
Replace “”HP, and HP-2″” with “”HP.””
(s) Section XIV, page 2931(1), line 6.
Replace “”either of the two (2)”” with “”any of the””
(t) Section XXIV, page 2945(16).
Replace entire paragraph with:
16. Definition of Building Height.
In a R-2H Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, to the highest point of the proposed building.
In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.
(u) Section XXIV, page 2954(51)a, line 4.
Add “”The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage unless otherwise determined by a street address assigned to the property on a recorded plat or deed.””
(v) Amendments to Section VII which have been adopted by the City of Key West in the following ordinances:
1. Ordinance 84-13, adopted April 2, 1984.
2. Ordinance 84-28, adopted July 16, 1984.
3. Ordinance 84-41, adopted October 1, 1984.
(3) “”Trees,”” Chapter 35, Sections 35-1 through 35-27, Code of Ordinances of the City of Key West, with the following amendments:
(a) Section 35-3(a), line 5, page 2675.
Add, after “”trimming.””
“”An application for tree removal shall include a site plan, including a natural vegetation map, excepting when minimal clearing is required for a survey.””
(b) Section 35-5, pages 2677-2679.
Add, to list of species:
“”Buttonwood – Conocarpus erectus, Red Mangrove – Rhizophora mangle, Black Mangrove – Avicennia germinans, White Mangrove – Laguncularia racemosa.””
(c) Add Section 35-6, “”Penalties”” on page 2679:
Upon conviction, a violator of any provision hereof shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in jail for a period not to exceed sixty (60) days or both such fine and imprisonment, in the discretion of the court; and each individual tree cut down, destroyed, removed or moved shall constitute a separate offense. In addition to the fine, the violator shall be required to restore the site with like vegetation as outlined in a restoration plan approved by the building department.
Civil Remedies
In addition to any other remedies provided by this Article the City shall have the following judicial remedies available for violations of this Article or any permit condition promulgated under this Article.
(a) The City may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of vegetation in contravention of the terms of this Article.
(b) The City may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than five thousand dollars ($5,000) per offense. However, the court may receive evidence in mitigation. Each tree unlawfully removed under the provisions of this Article shall constitute a separate offense hereunder.
(c) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Article to enjoin any violation hereof; and to seek injunctive relief to prevent irreparable injury to the vegetation or properties encompassed by the terms of this Article.
(4) “”Landscaping,”” Chapter 17-1/2, City of Key West Code of Ordinances, Sections 17-1/2-1 through 17-1/2-9, with the following amendments:
(a) Add in Section 17-1/2-5(a), page 1561 after “”proposed landscape development,”” “”. . . and site drainage patterns and systems.””
(b) In Section 17-1/2-6(f), “”Prohibited trees,”” page 1564, delete “”. . . or utilized in any manner to fulfill the requirements of this chapter.””
(5) “”Subdivisions,”” Chapter 30, City of Key West Code of Ordinances, Sections 30-1 through 30-48, with the following amendment:
Section 30-45, “”Drainage,”” page 2408, Add:
“”The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.””
(6) Ordinance 84-17, adopted by the City of Key West on May 21, 1984, amending the Future Land Use Element of the Comprehensive Plan.
(7) Ordinance 84-31, adopted by the City of Key West on August 20, 1984, amending Chapter 9 of the Code of Ordinances, “”Buildings and Construction.””
Rulemaking Authority Florida Statutes § 380.05(8). Law Implemented 380.05(8) FS. History-New 1-17-85, Formerly 27F-16.03, 27F-16.003.
Terms Used In Florida Regulations 28-37.003
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Conviction: A judgement of guilt against a criminal defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(a) Add to Section 24-1/2-34, under (b): “”or, any residential development in which the gross residential density is 10 or more units per acre and the development requires rezoning, variance or special exception modifying the presently allowed density.””
(b) Section 24-1/2-34
Insert new:
(d) Any development which occurs in or adjacent to wetland communities as defined by marshes and shallow areas which may periodically be inundated by tidal waters and which are normally characterized by the prevalence of salt and brackish water vegetation capable of growth and reproduction in saturated soil, including but not limited to batis (Batis maritma), black mangroves (Avicennia germinans), red mangroves (Rhizophora mangle) and white mangroves (Laguncularia racemosa), Cord grass (Spartina spp.), Buttonwood (Conocarpus erectus), glasswort (Salicornia spp.), Key Grass (Monathocloe littoris), sea daisy (Borrichla spp.), and sea purslane (Sesuvium portulascasstrum).””
(d) becomes (e)
(e) becomes (f)
(c) Section 24-1/2-35 (a), line 16.
Add after “”required,”” “”If no building permit has been issued within one calendar year from the date of approval of a development’s CIAS, the approval shall expire and a new CIAS must be approved before any building permits can be issued.””
(d) Section 24-1/2-37(a)(5)
After “”site”” add:
“”shall provide for:
(1) Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime.
(2) Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration.””
(e) Section 24-1/2-37.
(a) Maps
Add:
(9) A natural vegetation map if the site includes wetland communities.
(f) Section 24-1/2-37.
Delete (d)(1) and substitute:
(d) Natural Resources.
(1) Natural Vegetation: If wetland communities are found in or adjacent to the site, describe all proposed site alterations in these areas including dredging, filling, spoil sites, canals and channels. Identify measures which have been taken to protect conditions and characteristics which promote shoreline stabilization, storm surge abatement, water quality maintenance, wildlife and marine resource habitats, and marine productivity. Illustrate how any activity or structure that will impact wetland communities will be performed, located, constructed and maintained to prevent or mitigate any adverse impacts to wetland communities.
(g) Section 24-1/2-2-37(g).
Add (4) as follows:
(4) Describe hurricane evacuation considerations which acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilities identified in such plans.
(h) Section 24-1/2-37(h).
Add:
(10) Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Protection has been obtained for any activity that will impact wetland communities or submerged lands.
(i) Add Section 24-1/2-41 – Site Plan Review.
Beginning January 2, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of eight (8) or more habitable units or non-residential projects which result in the creation or expansion of four thousand (4,000) square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review are required, the maximum fee shall not exceed $6,000.00.
Beginning July 1, 1986, prior to the issuance of any building permits, a site plan review approval shall be required of any project of three (3) or more habitable units, or non-residential projects which result in the creation or expansion of 500 square feet or more of building area. A non-refundable fee in the amount of $100.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review is required, the maximum fee shall not exceed $6,000.00.
If a proposed project is abandoned for a new project or is substantially changed in the opinion of the zoning official, a new fee will be charged for the project.
The purpose of the site plan procedure is to aid the developer through approval of preliminary plans prior to development of complete construction drawings. Approvals should be secured prior to the construction document phase. The required site plan submission may be submitted along with construction drawings at the time of building permit application. However, a building permit will not be issued until site plan approval has been granted.
Section 1. Consideration in reviewing Site Plan. The following will be considered, depending on the nature of the project, by the Zoning Official for site plan approval and by those departments, agencies and persons reviewing and evaluating site plans:
A. Compliance with all City policies, standards and zoning regulations.
B. The provision of adequate, safe vehicular and pedestrian circulation.
C. The provision of adequate open space and landscaping.
D. The provision of surface run-off and site drainage.
The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.
E. Consistency with the Key West Comprehensive Plan.
Section 2. Information Included in Site Plan. A site plan for the purposes of this Section shall include, but not necessarily be limited to the following requirements. All drawings must be drawn to scale. All projects requiring preparation by an architect or engineer shall be completed in accordance with Chapters 471 and 481, Florida Statutes, as amended, which establish standards for the qualifications, licensing, and registration of these professions and further prescribes a form of seal to be used by all valid registrants. Each site plan application shall be signed by the legal owner or authorized agent with power of attorney.
A. All Site Plan applications shall include, where applicable:
1. General Information.
a. Street address and complete legal description of the site.
b. Description of the project, including total lot area, total building area, building square footage by type, site coverage, square footage of paved areas and open areas, number of dwelling units, along with other pertinent information.
2. Drawings.
a. Map illustrating existing land uses within 100 feet of the site.
b. Site Plan.
(I) Site boundaries including existing and proposed easements and rights-of-way.
(II) Location and use of all buildings and structures on the site, showing existing and proposed buildings.
(III) Location and character of all:
• Paved areas and parking areas, including walkways, indicating wearing surface materials.
• Outside facilities for waste disposal, storage or display, and related screening.
• Open space and landscaping, including the height of all perimeter walls, fences, hedges, ornamental walls and other screening devices.
• Curb cuts on the site.
c. Generalized floor plan indicating dimensions and square footage of each use of all building, building addition, or structure; and indicating new and existing construction.
d. Elevation drawings showing the sides, front and rear of the proposed building or building addition, indicating the exterior construction material and color, height between floors, first floor, elevation and roof height.
e. Additional drawings such as perspective, transverse section, etc. may be submitted to more accurately depict a project.
f. Location, character and orientation of signs and outdoor lighting.
g. Systems for controlling stormwater runoff.
B. Supplemental Requirements.
1. Those projects located on or along a shoreline shall include the following:
a. Any easements or rights-of-way providing public access to the shoreline.
b. The location and type of any existing or proposed bulkhead.
2. The Zoning Official may require that additional information be included in site plans, including but not limited to information concerning:
a. Protection of vegetation.
b. Shoreline protection.
c. Flood protection and elevations.
d. Consistency with the Key West Comprehensive Plan.
3. Identification of the size and nature of any recreation facilities being provided on the site.
(2) “”The Zoning Ordinance of the City of Key West, Florida,”” Appendix A of the Code of Ordinances (except for those sections approved in Chapter 9B-30, FAC) with the following amendments:
(a) Section I, page 2861, line 1.
Change “”Milo Smith and Associates, Inc.”” to “”Regional Research Associates.””
(b) Section I, page 2862, line 4.
Change “”Milo Smith and Associates, Inc.”” to “”Regional Research Associates.””
© Section VII, page 2873.
Add new paragraph (1)(f) to read:
“”Environmentally sensitive areas including but not limited to wetland communities, mangroves, tropical hardwood hammocks and salt ponds shall be zoned with a maximum density of one unit per acre. Site alteration shall be limited to a maximum of 10% of the total site size.””
(d) Section VII, page 2873(2)(k).
Change “”35 feet”” to “”25 feet.””
© Section VII, page 2876(3)(j).
Change “”40 feet”” to “”25 feet.””
(f) Section VII, page 2878(4)(k).
Change “”40 feet”” to “”25 feet.””
(g) Section VII, page 2884.1(7)(j)1.
Change “”40 feet”” to “”30 feet.””
(h) Section VII, page 2884.1(7)(j)2.
Change “”40 feet”” to “”30 feet.””
(i) Section VII, page 2886(8)(j).
Change “”40 feet”” to “”35 feet.””
Add “”provided, however, an additional 5 feet of building height shall be allowed when the roof is of a pitched design, which roof shall be approved by the OIRC.””
(j) Section VII, page 2886.2(8A)(j).
Change “”40 feet”” to “”30 feet.””
(k) Section VII, page 2895(11)(j).
Change “”40 feet”” to “”35 feet.””
(l) Section VII, page 2896(12)(j).
Change “”none”” to “”35 feet.””
(m) Section VII, page 2896.3(13)(a)(4).
Change “”four (4) stories”” to “”40 feet.””
(n) Section IX, page 2912(1)(a).
Replace paragraph with:
Definition of off-street parking spaces: For the purpose of this ordinance, the term “”off street parking space”” shall be a minimum of nine feet (9′) wide and twenty feet (20′) long. Driveways for a parking area shall be a minimum of twenty feet (20′) wide (two-way) and twelve feet (12′ ) wide (one-way).
(o) Section XIII, page 2929(4)a, line 2.
Change “”HP-1 and HP-2 Districts”” to “”HP Districts.””
(p) Section XIII, page 2929(4)b, line 1.
Change “”HP-1 and HP-2″” to “”the HP.””
(q) Section XIII, page 2929(4)©, line 1.
Replace “”In a district zoned HP-1 or HP-2″” with “”In an HP district.””
© Section XIII, page 2929(4)©, line 5.
Replace “”HP, and HP-2″” with “”HP.””
(s) Section XIV, page 2931(1), line 6.
Replace “”either of the two (2)”” with “”any of the””
(t) Section XXIV, page 2945(16).
Replace entire paragraph with:
16. Definition of Building Height.
In a R-2H Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, to the highest point of the proposed building.
In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building.
(u) Section XXIV, page 2954(51)a, line 4.
Add “”The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage unless otherwise determined by a street address assigned to the property on a recorded plat or deed.””
(v) Amendments to Section VII which have been adopted by the City of Key West in the following ordinances:
1. Ordinance 84-13, adopted April 2, 1984.
2. Ordinance 84-28, adopted July 16, 1984.
3. Ordinance 84-41, adopted October 1, 1984.
(3) “”Trees,”” Chapter 35, Sections 35-1 through 35-27, Code of Ordinances of the City of Key West, with the following amendments:
(a) Section 35-3(a), line 5, page 2675.
Add, after “”trimming.””
“”An application for tree removal shall include a site plan, including a natural vegetation map, excepting when minimal clearing is required for a survey.””
(b) Section 35-5, pages 2677-2679.
Add, to list of species:
“”Buttonwood – Conocarpus erectus, Red Mangrove – Rhizophora mangle, Black Mangrove – Avicennia germinans, White Mangrove – Laguncularia racemosa.””
(c) Add Section 35-6, “”Penalties”” on page 2679:
Upon conviction, a violator of any provision hereof shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in jail for a period not to exceed sixty (60) days or both such fine and imprisonment, in the discretion of the court; and each individual tree cut down, destroyed, removed or moved shall constitute a separate offense. In addition to the fine, the violator shall be required to restore the site with like vegetation as outlined in a restoration plan approved by the building department.
Civil Remedies
In addition to any other remedies provided by this Article the City shall have the following judicial remedies available for violations of this Article or any permit condition promulgated under this Article.
(a) The City may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of vegetation in contravention of the terms of this Article.
(b) The City may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violation in an amount of not more than five thousand dollars ($5,000) per offense. However, the court may receive evidence in mitigation. Each tree unlawfully removed under the provisions of this Article shall constitute a separate offense hereunder.
(c) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Article to enjoin any violation hereof; and to seek injunctive relief to prevent irreparable injury to the vegetation or properties encompassed by the terms of this Article.
(4) “”Landscaping,”” Chapter 17-1/2, City of Key West Code of Ordinances, Sections 17-1/2-1 through 17-1/2-9, with the following amendments:
(a) Add in Section 17-1/2-5(a), page 1561 after “”proposed landscape development,”” “”. . . and site drainage patterns and systems.””
(b) In Section 17-1/2-6(f), “”Prohibited trees,”” page 1564, delete “”. . . or utilized in any manner to fulfill the requirements of this chapter.””
(5) “”Subdivisions,”” Chapter 30, City of Key West Code of Ordinances, Sections 30-1 through 30-48, with the following amendment:
Section 30-45, “”Drainage,”” page 2408, Add:
“”The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required.””
(6) Ordinance 84-17, adopted by the City of Key West on May 21, 1984, amending the Future Land Use Element of the Comprehensive Plan.
(7) Ordinance 84-31, adopted by the City of Key West on August 20, 1984, amending Chapter 9 of the Code of Ordinances, “”Buildings and Construction.””
Rulemaking Authority Florida Statutes § 380.05(8). Law Implemented 380.05(8) FS. History-New 1-17-85, Formerly 27F-16.03, 27F-16.003.