28-20.019. Purpose and Effect

(1) The purpose of this Chapter is to establish land development regulations and a local comprehensive plan applicable within the Florida Keys Area of Critical State Concern, pursuant to Section 380.05(8), F.S. It is the intent of the Administration Commission that this rule shall supplement those land development regulations and those portions of the comprehensive plan approved by the Department of Community Affairs in Chapter 9J-14, F.A.C. This chapter and Chapter 9J-14, F.A.C., comprise the comprehensive plan and land development regulations for the Florida Keys Area of Critical State Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 9J-14, F.A.C., such ordinances are not deemed to be “land development regulations” within the definition of Section 380.031(8), F.S.

(2) In order to provide an accurate record of the amendments approved by this chapter, each set of amendments is set forth in a separate rule section. If any provision of the comprehensive plan or the land development regulations is amended by two rule sections, the latest amendment shall control.

(3) As provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein shall be superseded by regulations or amendments which are proposed by Monroe County and approved by the Department of Community Affairs under the procedures found in Section 380.05(6), F.S.

(4) Land Development Regulations, including Official Land Use District Maps, shall be construed to implement the provisions of Chapter 163, F.S. (1985) and Chapter 86-170, Laws of Florida (1986).

(5) All development, in addition to being consistent with the provisions of these land development regulations which include the official land use district maps, shall be consistent with the goals, policies and objectives of the comprehensive plan. All land use decisions based upon the map designations must be consistent with the text of volumes I and II.

(6) The purpose of Part II of this chapter is to adopt amendments to the Monroe County Comprehensive Plan adopted by Monroe County Ordinance No. 016-1993, and approved by the Department of Community Affairs in Rules 9J-14.020-.023, F.A.C., including maps, consistent with the Principles for Guiding Development for the Florida Keys Area of Critical State Concern, pursuant to Sections 380.0552(7) and (9), F.S. The Monroe County Comprehensive Plan adopted by Ordinance 016-1993 and approved by the Department of Community Affairs in Rules 9J-14.020-.023, F.A.C., supersedes the Comprehensive Plan addressed in Part I of this chapter.

Rulemaking Authority 380.05(8), 380.0552(9) FS. Law Implemented 380.0552 FS. History–New 9-15-86, Amended 10-5-89, 1-2-96.