28-37.001. Purpose and Effect

(1) The purpose of this Chapter is to establish land development regulations and a local comprehensive plan applicable within the City of Key West 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 approved by the Department of Economic Opportunity in Chapter 9B-30, F.A.C. This chapter and Chapter 9B-30, F.A.C., comprise the comprehensive plan and land development regulations for the City of Key West Area of Critical State Concern. To the extent that existing ordinances are not adopted in this rule or approved in Chapter 9B-30, F.A.C., such ordinances are not deemed to be “land development regulations” within the definition of Section 380.031(8), F.S.

(2) 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provided in Section 380.05(10), F.S., the comprehensive plan and land development regulations adopted herein shall be superseded by regulations or amendments which are proposed by the City of Key West and approved by the Department of Economic Opportunity under the procedures found in Section 380.05(6), F.S.

(3) In the event of any inconsistency between the comprehensive plan and a land development regulation or graphic rendering, including but not limited to the zoning and land use maps, the text of the comprehensive plan shall control.

Rulemaking Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History–New 1-17-85, Formerly 27F-16.01, 27F-16.001.