BEFORE THE BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
ORDINANCE NUMBER 63
A ZONING ORDINANCE REGARDING SPECIAL REQUIRWIENTS
FOR THE BARRIER ISLANDS OF HUTCHINSON ISLAND, LONG ISLAND AND
JUPITER ISLAND IN THE UNINCORPORATED AREAS OF THE COUNTY; REPEALING EXISTING SECTION 33-72, ENTITLED, "SPECIAL REQUIRE-
THE COUNTY CODE A NEW SECTION 33-72, ENTITLED "SPECIAL REQUIREMENTS FOR THE BARRIER ISLANDS OF HUTCHINSON ISLAND, LONG ISLAND
AND JUPITER ISLAND.
SUCH REQUIREMENTS TO BE CONTROLLING"; DE-
FINING THE TERM, "BARRIER ISLAND"; STATING THE BOARD'S INTENT
IN ADDING THIS NEW SECTION; SETTING MAXIMUM RESIDENTIAL DEVELOPMENT DENSITY LIMITS ON SUCH ISLANDS; STATING BUILDING SETBACK
REQUIREMENTS ON SUCH ISLANDS; STATING MINIMUM ELEVATIONS FOR
FOR
SEPTIC TANK OUTLETS OR DRAINFIELDS AS WELL AS/LIVING FLOORS FOR
STRUCTURES .ON SUCH ISLANDS; RESTRICTING USE OF HEAVY EQUIPMENT
WITHIN 5 FEET OF THE STATE COASTAL CONSTRUCTION SETBACK LINE;
Ac
REQUIRING ALL DUNE CROSSINGS TO CONFORM TO STATE DEPARTMENT OF
NATURAL RESOURCES REGULATIONS; REQUIRING TWO OFF-STREET PARKING
PLACES FOR EACH RESIDENTIAL DWELLING UNIT; PROHIBITING BULKHEADS
OR RETAINING WALLSUNDER 5 FEET ABOVE MEAN SEA LEVEL; PROVIDING
THAT IN THE EVENT OF CONFLICT, THESE SPECIAL REQUIREMENTS SHALL
CONTROL OVER ZONING DISTRICT REGULATIONS; REPEALING ARTICLE
XXVIA, ENTITLED, "CR COASTAL RESIDENTIAL DISTRICT," OF CHAPTSR
33 (ZONING) OF THE COUNTY CODE; ADDING FOOTNOTE REFERENCES TO
NEW SECTION 33-72 IN VARIOUS ZONING DISTRICTS WHICH ARE FOUND
ON THE BARRIER ISLAPIDS; REPEALING CONFLICTING PROVISIONS OF LAW
.
AND ORDINANCE; PROVIDING FOR SEVERABILITY IN THE EVENT OF FARTIAL INVALIDITY; PROVIDING FOR INCLUSION IN THE COUNTY CODE;
PROVIDING FOR APPLICABILITY ONLY IN THE UNINCORPORATED AREAS OF
THE COUNTY; PROVIDING FOR FILING WITH THE DEPARTMENT OF NATURAL
RESOURCES;
STATING THE STATUTORY PENALTY FOR VIOLATION OF T H I S
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,
t h i s B o a r d h a s d e t e r m i n e d t h a t i t i s neces-
sary and proper for i t t o adopt the f o l l o w i n g ordinance:
NOW THEREFORE BE I T ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT:
PART ONE:
REPEAL OF EXISTING SECTION 33-72 (SPECIAL REQUIREMENTS FOR HUTCHINSON ISLAND).
Section 33-72, entitled, "Special Requirements for
.
Hutchinson Island," of Chapter 33 (Zoning) of the CODE OF LAWS
AND ORDINANCES OF MARTIN COUNTY, FLORIDA, be and the same hereby is repealed.
PART TWO:
ENACTMENT OF NEW SECTION 33-72 (SPECIAL REQUIREMENTS
FOR THE BARRIER ISLANDS OF HUTCHINSON ISLAND, LONG
ISLAND AND JUPITER ISLAND.
The following new Section 33-72, entitled, "Special
Requirements for the Barrier Islands of Hutchinson Island, Long
Island, and Jupiter Island.
Such Requirements to be Controllingtw
be and hereby is added to Chapter 33 (Zoning) of the CODE OF LAWS
AND ORDINANCES OF MARTIN COUNTY, FLORIDA:
SECTION 33-72.
THE BARRIER ISLANDS OF
SPECIAL REQUIREMENTS'FOR/~UTCHINSON ISLAND,
LONG ISLAND AND JUPITER ISLAND.
SUCH REQUIREMENTS TO BE CON-
TROLLING.
A.
SPECIAL REQUIREMENTS.
The following special requirements shall
be applicable to all lands in the unincorporated areas of
Hutchinson Island, Long Island, and Jupiter Island, regardless
of the zoning district classification or classifications of
such land:
(1)
DEFINITION OF BARRIER ISLAND.
For the purposes of this chapter, the
term "barrier island" is defined as follows:
land formation between the Atlantic
Ocean and a lagoon, which land was
formed by the action of winds and currents depositing sand. Hutchinson Island, Long Island and Jupiter Island
are barrier islands. [From "Flood
Plain Information, Coastal Areas, Martin County, Florida," by the Corps of
Engineers, U.S. Army (June 1973)l
A
(2)
INTENT..
It is the purpose of this section to
provide certain minimum standards for development on the barrier
islands of the county and to limit the maximum permitted density
of development in a manner that will properly reflect the unique
conditions of these barrier islands as they relate to providing
essential public services and facilities such as vehicular access,
emergency evacuation, water-s u p ~ l y ,sewage treatment, drainage,
fire and police protection.
In conjunction with the optional
availability of Planned Unit Development Districts, these special
requirements are intended to encourage and assist in the development of land use intensity patterns on the barrier islands
that will promote, preserve and protect the health, safety, and
welfare of their present and future residents as well as recognize the unique physical characteristics of such islands.
(3)
DENSITY OF RESIDENTIAL DEVELOPMENT.
The maximurn'density of residential de-
velopment allowed on the barrier islands shall be seven and onehalf (7.5) units per buildable acre, unless property shall have
been zoned Planned Unit Development (PUD), in which event the
maximum permitted density of development may be as high as twelve
P
9 culations for multiple dwellings including hotel and motel units,#
b
(12) units per buildable acre.
For the purposes of density cal-
kbl/
$ h-hich will be brought t o six (6) feet elevation above mean sea f l
$ a buildable acre shall include any
lands owned by the applicant
$ level.
JJfor
Je
Under a PUD the county ma consider density 'transfers
&to
that elevation.
p l a n d s which are not actually filled / Due to the lower rates
of occupancy characteristic of transient hotel and motel resi-
Lk5-e
dential units, two (2)' such units shall count as one multiplefamily residence for the purposes of density calculation.
(4)
SETBACK REQUIREMENTS.
e ~ x c e ~in
t a PUD district,
a 1 buildings , structures or portions
thereof, except docks, jetties and similar permitted structures,
shall comply with the following minimum setback requirements,
as appropriate:
.
a
&
$
,
Twenty-five (25) feet westerly of
the coastal construction setback line, unless the Board of County
Commissioners determines that closer placement will not materially
affect preservation of the dunes;
water mark;
. Fifty
9eb
(50) feet from the mean high
Sixty-five (65) feet from the
mu
centerline of any county or other non-state road; and
$3.
One hundred (100) feet from the
centerline of any state road.
(5)
MINIMUM ELEVATIONS.
a.
The minimum living floor elevation
for any structure or building on the barrier islands shall be
measured at the easternmost point thereof, and shall be fifteen
(15) feet above mean sea level at the westerly setback from the
State Coastal Construction Setback Line, declining one foot in
elevation for each additional twenty (20) feet of westerly setback for a distance of one hundred forty (140) feet, at which
point and at all other points westerly thereof the elevation
shall be not less than eight (8) feet above mean sea level.
b.
No septic tank outlet or drainfield
may be installed below a finished grade of seven (7) feet above
mean sea level.
c. Minimum road and driveway elevation
shall be six (6) feet above mean sea level.*&
(6) DUNE PROTECTION.
a.
No heavy equipment, such as bull-
dozers, draglines, tractors, etc., shall be used for land clearing or construction activities within five (5) feet of the State
Coastal Construction Setback Line, unless the Board of County
Commissioners determines that preservation of the dunes will not
be materially affected thereby.
b.
All dune crossings shall be by ele-
vated boardwalks or ramps in accordance with StateDepartment of
Natural Resources regulations and standards.
(7)
PARKING.
Every residential dwelling unit shall
have on the same lot or parcel at least two (2) off-street automobile parking spaces.
(8)
'
BULKHEAD.
No bulkhead and/or ,retaining wall shall
be built in any of the waters, canals or lakes within the limits of the barrier islands at a lower elevation than plus five
( 5 ) feet, based on the mean sea level datum.
B.
SUCH REQUIREMENTS TO BE CONTROLLING.
If, as to lands in the unincorporated areas
of Hutchinson Island, Long Island, or Jupiter Island, there is
a conflict between these special requirements and the require-
Q/
$)
ments of the applicable zoning district, these special requirep u n l e s s specified otherwise in this ordinance.
ments shall be controlling / If there is a conflict between these
special requirements and the supplementary provisions of Section
23-122 of this code, these requirements shall be controlling.
PARTTHREE: REPEAL OF CR COASTAL RESIDENTIAL DISTRICT.
Article XXVIA, entitled, I1CR Coastal Residential
District," of Chapter 33 (Zoning) of the CODE OF LAWS AND ORDINANCES OF MARTIN COUNTY, FLORIDA, be and the same hereby is
repealed.
PART FOUR:
FOOTNOTE 'REFERENCES TO SPECIAL REQUIREMENTS FOR
HUTCHINSON ISLAND, LONG ISLAND AND JUPITER ISLAND.
The following footnote be and hereby is added to
the title of Articles
VI (HR-1~)
, XVII (HR-2~)
, XXXII (HB-lAA),
xxxIII (HB-1), XXVIA (PUD), XL (PSI, and XLII (IZ)
in Chapter 33 (Zoning) of the CODE OF LAWS AND ORDINANCES OF
MARTIN COUNTY, FLORIDA:
1. See Section 33-72 for Special Requirements for
Hutchinson Island, Long Island and Jupiter Island.
GENERAL REPEAL.
PART FIVE:
Special acts of the Florida Legislature applicable
only to unincorporated areas of Martin County, county ordinances
and county resolutions, or parts thereof, in conflict with this
ordinance are hereby abolished and repealed to the extent of
such conflict.
PART SIX:
SEVERABILITY.
If any section, sentence, clause, phrase or word of
this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this ordinance, and
it shall be construed to have been the intent of the Board of
County Commissioners to adopt this ordinance without such unconstitutional, invalid, or inoperative part therein, and the
remainder of this ordinance after the exclusion of such part
or parts, shall be deemed and held to be valid as if such part
or parts had not been included herein.
If this ordinance or
any provision thereof shall be held to be inapplicable to any
person, groups of persons, property, kind of property, circumstances, or set of circumstances, such holding shall not affect
its applicability to any other person, property, or circumstances.
PART SEVEN:
CODIFICATION.
Provisions of this ordinance shall be incorporated
in the County Code and the word "ordinance" may be changed to
"section," "article," or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts ~ i v ethrough
shall not be codified.
PART EIGHT:
.
APPLICABILITY.
This ordinance shall be applicable only in the
lev en
unincorporated areas of the county.
PART NINE:
FILING WITH DEPARTMENT OF NATURAL RESOURCES.
In order to comply with Section 373.023, FLORIDA
STATUTES, the County Attorney shall send a certified copy of
this ordinance to the Bureau of Water Resources, Department
of Natural Resources, Larson Building, Tallahassee, Florida,
32304.
PART TEN:
PENALTIES.
Violation of this ordinance is a misdemeanor pur-
suant to Section 125.69, FLORIDA STATUTES, and is punishable
under said section by imprisonment for up to sixty (60) days,
or a fine of up to $500.00, or both such imprisonment and fine.
PART ELEVEN:
EFFECTIVE DATE.
This ordinance shall take effect upon receipt of
official acknowledgment from the Office of Secretary of State
that this ordinance ha's been filed in that office.
DULY PASSED AND ADOPTED THIS
'
MAY
ATTEST :
,
27TH
DAY OF
1975.
BOARD OF COUNTY COMMISSIONERS
MARTIN COUNTY, FLORIDA
PHILBRICK, CHAIRMAN
APPROVED AS TO FORM AND
LEGALITY:
STEPHEN B. CALVERT,
COUNTY ATTORNEY
. . .
$
!
i
b
LEGAL ADVERTISEMENT
BECORE THE BOARDOF
COUNTY COMMISSIONERS
MARTIN COUNTY. FLORIDA
The Stuart News
STUART. MARTIN COUNTY, FLORIDA
THIS NOTICE EXECUTED
::~l~f~~~THIS8THDAY0.
ISLAND
AND
:s&$~&A{:DT~:~~~N~%
THECOUNTY.
NOTICE IS HEREBY GIVEN
mat the BOARD 0. COUNTY
COMMISSIONERS OF MARLI:fl
COUNTY.
FLORIDA.
C o h i d e r 'adopting a County
Ordinance regarding special
requirements l o r the barrier
Islands of Hutchimon Island,
L m g Island andJupiter Island in
.me unincorporated areas of the
county a t In regular meeting on
me 27m day d May. 1975. at 9.W
A.M., orbs ¶Om themafter
the
m t m ' may be heard. at the
Martin County Courthouse. 100
East Ocean Bwtevard. Stuart.
Florlda. 3394.
NOTICE
IS
FURTHER
GIVEN mat the PLANNING
AND ZONING COMMISSION
will alsa hold a publlc hearing on
mis ordinance a t a meeting on
May 19, 1975, at 7:W) P.M.. or as
l ~ therealter
~ l
as the matter
m y he heard, a t the Mar+in
Cwnty c w r m w s e . 100 East
Ocean B o u l e v a r l .
Stuart.
Florlda. 33494.
-..,
STATE OF FLORIDA
COUNTY 01: MARTIN
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or h e S t u n News, r daily n e w s p a p
publuhed at Stuart i n Martin County. Florida, that the attached copy o f advertisement. k i n g a
:..............Not.i.ce.
of...
Int.e.~t
.............................................................................................
adoption of ordinance No ...........................................
63
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of .............. ............................................................... :
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ORDINANCE
NUMBER 63
NOTARY PUBLIC
NOTARYPUBLIC STATE OF FLORIDA AT LnmZ
MY COMMISc!nN EXc!RES SEPT. 6 1971
QENERAL JNSURANCE UNDERWRITERS, I N C
i
Copie¶ d the full ordlrYnCC
NOTICE OF I N T E N T TO may b e o b t a i ~ l r o r n
thcC0~ntV
CONSIDER THE ADOPTION . Attorney's Office. Room ?OQ
OF AN ORDINANCE NUMBER Martin County Cwrthcu)..
100
63 R E G A R D I N G SPECIAL East O C M ~Bculevard. P-t
REQUIREMENTS
FOR THE Office Box 15VO. Stuart. FloridB
BARRIER
ISLANDS
OF $384. Telephme Number -3HUTCHINSON ISLAND, LONG 6760.ExtmlimlM.
Established as the Stuart Times. A p i l 1 8 . 1913
&[ore the undersigned authority a perred
who o n oath says that he is
LEGAL ADVERTISEMENT
PROVIDING AN EFFECTIVE
DATE.
FLORIDA
B Y : R.H. PHILBRICK.
CHAIRMAN
ATTEST:
LOUISEV. ISMCS,
CLERK
'
APPROVED AS TO FORM A N i
LEGALITY :
STEPHEN 8.CALVERT.
COUNTY ATTORNEY
Pub.: M a y 2.1975.