Ordinance 019-1989Monroe County Commission
ORDINANCE NO. 019-1989
AN ORDINANCE ADOPTING AND RATIFYING CERTAIN TEXT
AMENDMENTS ATTACHED AND INCORPORATED BY REFERENCE INTO
�- THE BODY OF THE TEXT OF THE ORDINANCE; TRANSMITTING
THE AMENDMENTS TO THE STATE LAND PLANNING AGENCY FOR
APPROVAL; PROVIDING THAT, IF ANY AMENDMENTS ARE
DISAPPROVED BY THAT AGENCY, DISAPPROVAL SHALL NOT
- AFFECT THE REMAINING AMENDMENTS; PROVIDING FOR
- SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
00 0`
WHEREAS, due to the designation contained in Chapter 28-20, Florida
Administrative Code (F.A.C.), all regulations, including the land use district
maps, contained in Volume 3 of the Florida Keys Comprehensive Plan and Land
Development Regulations are "land development regulations" as that phrase is
defined in Florida Statutes (F.S.) 163.3164(22); and
WHEREAS, Section 9.5-511(c), Monroe County land development regulations,
provides that the regulations may be amended in an annual process commencing on
the anniversary date the regulations first became effective; and
WHEREAS, during such process, the Monroe County Planning Commission, sitting
as the local planning agency, after due notice and public participation in the
hearing process, reviewed all proposed amendments to the land development
regulations and found such amendments consistent with the Monroe County
comprehensive plan and made recommendations concerning such amendments to the
Monroe County Board of Commissioners; and
WHEREAS, during such process, the Monroe County Board of Commissioners, after
due notice and public participation in the hearing process, reviewed such
recommendations and legislatively acted thereon;
WHEREAS, F.S. 380.0552(9) requires that the state land planning agency
approve all amendments to the Monroe County land development regulations before
such amendments may become effective; and
WHEREAS, such text amendment process is now complete; and
WHEREAS, it is desired that the board of county commissioners should ratify,
approve, adopt and transmit the amendments to the land development regulations to
the state land planning agency for approval; now, therefore,
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The Monroe County Board of Commissioners on this 5th day of
July, 1989, does hereby adopt and ratify those text amendments to the Monroe
County land development regulations, heretofore properly approved pursuant to
general law, which are attached to this ordinance, as if the text were fully set
out in the body of this ordinance: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 11A, 12, 13,
15, 16, 16A, 18C, 19, 19A, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34, 36, 37,
38, 39, 40, 41, 42, 43, 43A, 43B, 44, 45, 46, 47, 48A, 49, 50, 51, 52, 53, 58, 59,
60, 61, 64, 66A, 66B, 66C, 66D, 66E, 66F, 66G, 66H, 66I, 66J, 66K, 66L, 67, 68,
69, 70, 71, 72, 73, 74, 75, 76, 77A, 78, 79, 81, 84, 86, 87, 89, 90, 90A, 90B,
90C, 90D, 90E, 90F, 90G, 90H, 90I, 90J, 90K, 90L, 90M, 90N, 900, 90P, 90Q, 90R,
90S, 90T, 94, 97A, 98, 98A, 99, 102, 106, 107, 108, 111, 112, 113, 117, 119, 119A,
120A, 120A(1), 121, 123, 129, 130, 131, 132, 133, 134, 135, 135A, 137, 137A, 137B,
137C, 137D, 139, 141, 143, 143A, 144, 145, 146, 147, 149, 150, 152, 152A, 153,
153A, 153B, STM1, STM2, STM3, STM4, STMS, STM6, STM7, STMB, STM9, STM10, STM11,
STM12, STM13, STM14, STM15, STM16, STM17, STM18, STM19, STM20, STM21, STM22,
STM23, STM24, STM25, STM26, STM27, STM28, STM29, STM30, STM31, STM32, STM34,
STM35, STM36, STM37, STM38, STM39, STM40, STM41, STM42, STM43, STM44, STM45,
STM46, STM47, STM48, STM49, STM50, STM51, STM52, STM53, STM54, STM55, STM56,
STM57, STM58, STM59, STM60, STM61, STM62, STM63, STM64, TA1, TA2, TA3, TA4, TAS,
TA6, TA7, TAB, TC1, TD1, TI1, TM1, TM2, TM3, TR1, TV1. The same are hereby
transmitted to the state land planning agency for approval or disapproval pursuant
to F.S. 380.0552(9). Each text amendment is to be considered individually,
severally, and independently of one another.
Section 2. If the state land planning agency shall disapprove any text
amendment to the Monroe County land development regulations attached hereto, such
disapproval shall in no way affect the validity of any other text amendment.
Section 3. All ordinances or parts of ordinances in conflict herewith
are, to the extent of such conflict, hereby repealed.
Section 4. If any section, subsection, sentence, clause, item, amendment,
or provision of the ordinance is held invalid, the remainder of this ordinance
shall not be affected by such invalidity.
Section 5. This ordinance shall take effect immediately upon receipt of
official notice from the Office of the Secretary of State of the State of Florida
that this ordinance has been filed with said office. Except, however, no text
amendment shall be deemed effective until approved by the state land planning
agency.
PASSED AND ADOPTED by the Monroe County Board of Commissioners of Monroe
County, Florida, at a regular meeting of said board held on the 5th day of July,
A.D. 1989.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
C K
BOARD OF COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY
MAYOR/CHAIRMAN
A ED AS 10 FORM
AND L U I IENCY
ByA omey's Office
PD1
Section 9.5-2(c)
Section 9.5-2(c), Monroe County Code, is hereby amended to read as
follows:
All lawful uses existing on the effective date of this
chapter are hereby vested and shall not be considered
nonconforming uses for purposes of replacement.
Replacement shall be permitted as -of -right as previously
constructed subject to applicable state and federal law.
PD2
Section 9.5-4(A-1)
Section 9.5-4(A-1), Monroe County Code, is hereby amended to read as
follows:
(A-1) Accessory use or accessory structure means a use or
structure that is subordinate to and serves a principal
use or structure, is subordinate in area, extent and
purpose to the principal use or structure served,
contributes to the comfort, convenience or necessity of
occupants of the principal use or structure served, and is
located on the same lot or lots under the same ownership
and in the same land use district as the principal use or
structure. Accessory uses include the utilization of
yards for home gardens provided that the produce of the
garden is for noncommercial purposes; however, in no event
shall an accessory use be construed to authorize a use not
otherwise permitted in the district in which the principal
use is located, and in no event shall an accessory use be
established prior to the principal use to which it is
accessory except in the case of shoreline stabilization
structures (e.g. bulkheads and rip rap), fences, and gates.
PD3
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Access means ingress or egress to land from a street
or easement.
PD4 Section 9.5-4(A-3)
Section 9.5-4(A-3),Monroe County Code, is hereby amended to read as
follows:
(A-3) Affordable housing means:
"(A-3) Affordable housing means a
nontemporary attached or detached dwelling unit
of not less than 500 square feet or more than
2000 square feet which is limited by a
restrictive covenant running in favor of Monroe
County, Florida for use by households that
derive at least 70 percent of their household
income from gainful employment in Monroe County
and:
(a) With respect to a housing unit to be
occupied by very -low-income persons with an
adjusted gross annual income of no greater
than fifty (50) percent of the median
household income from Monroe County as
U
determined by U. S. Census n the
Florida Statistical Abstract, at a cost of
the household's annual income as further
herein specified, for a period of twenty
years. The dwelling unit must also meet
all applicable requirements of the U. S.
Department of Housing and Urban Development
minimum property standards as to room
sizes, fixtures, landscaping and building
materials when not in conflict with
applicable laws of Monroe County"
(b) With respect to a housing unit to be
occupied by low-income persons with an
adjusted gross annual income of no greater
than eighty (80) percent of the median
household income from Monroe County as
determined by U. S. Census or in the
Florida Statistical Abstract, at a cost of
the household's annual income as further
herein specified, for a period of twenty
years. The dwelling unit must also meet
all applicable requirements of the U. S.
Department of Housing and Urban Development
minimum property standards as to room
sizes, fixtures, landscaping and building
materials when not in conflict with
applicable laws of Monroe County".
(c) With respect to a housing unit to be
occupied by moderate -income persons with an
adjusted gross annual income of no greater
than one hundred twenty (120) percent of
the median household income from Monroe
County as determined by U. S. Census or in
the Florida Statistical Abstract, at a cost
of the household's annual income as further
herein specified, for a period of twenty
years. The dwelling unit must also meet
all applicable requirements of the U. S.
Department of Housing and Urban Development
minimum property standards as to room
sizes, fixtures, landscaping and building
materials when not in conflict with
applicable laws of Monroe County".
PD5 Section 9.5-4(A-4)
Section 9.5-4(A-4), Monroe County Code, is hereby amended to read as
follows:
(A-4) Airport uses mean fixed and rotary wing aircraft
operations together with retail sales and service
operations related to public or general aviation,
including aircraft sales, repair and storage, commercial
shipping and storage, and restaurants designed to serve
aviation passengers, and other public uses. However, the
use of a site by any ultra -light aircraft, which meets the
criteria for maximum weight, fuel capacity and airspeed
established for such aircraft by the U.S. Federal Aviation
Administration shall be considered an airport use if the
site is within five (5) nautical miles of either a public
or military airport or 3,000 feet from the boundaries of a
private airport.
PD7 Section 9.5-4(A-9)
Section 9.5-4(A-9), Monroe County Code, is hereby repealed and a new
definition is created to read as follows:
2
Road, arterial, means a route provid service
wnich is relatively continuous and of relatively high
traffic volume, long average trip length, high operating
speed, and high mobility importance.
PD8
Section 9.5-4
Section 9.5-4(C-8) Monroe County Code is hereby repealed.
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(R- ) Road, collector, means a route providing service
which is of relatively moderate average traffic volume,
moderately average trip length, and moderately average
operating speed. Such a route also collects and
distributes traffic between local roads or arte- rial
roads and serves as a linkage between land access and
mobility needs.
PD9
Section 9.5-4(C-15)
Section 9.5-4(C-15), Monroe County Code, is hereby repealed.
PD10 Section 9.5-4
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(C- ) Connections means driveways, streets, turnouts, or
othermeans of providing the movement of vehicles to or
from roads.
PD11 Section 9.5-4(D-5)(c)(6)
Section 9.5-4(D-5)(a)(6), Monroe County Code, is hereby amended to read
as follows:
Clearing of land, including clearing or removal of
vegetation and including significant disturbance of
vegetation or substrate (soil) manipulation including the
trimming of mangroves to the extent allowed by law.
PD11A
Section 9.5-4(E-1)
Section 9.5-4,(E-1), Monroe County Code, is hereby amended to read as
follows:
(E-1) Employee housing means a nontemporary attached or
detached dwelling unit which is limited by a restrictive
covenant running in favor of Monroe County, Florida, for a
period of twenty (20) years , to be used by households
that derive at least 70 percent of their household income
from gainful employment in Monroe County and whose
adjusted gross annual income does not exceed 120% of the
median household for Monroe County as determined by the
U.S. census or the Florida Statistical Abstract and at a
cost no greater than 30% of the household's annual income
as further herein specified. The dwelling unit must also
meet all applicable requirements of the U.S. Departaient of
Housing and Urban Development minimum room sizes,
9
!.ures, landscaping and building materials, a not in
conflict with applicable laws of Monroe County.
PD12 Section 9.5-4(G-3)
Section 9.5-4(G-3), Monroe County Code, is hereby amended to read as
follows:
Gross acre means the total area of a site excluding ,
tidally inundated mangroves, not to exceed mean high tide
but includes any dedicated rights -of -way.
PD13 Section 9.5-4
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(F- ) Fence means a barrier made of rocks, logs, posts,
boards, wire, stakes, rails, mansonary components, or
similar material or combination of materials.
PD15 Section 9.5-4
Section 9.5-4, (L-4) and (L-5) Monroe County Code, are hereby repealed
and a new definition is created to read as follows:
(L- ) Level of service means a quantitative measure
describing operational conditions within a traffic
stream. The procedures contained in the "Highway Capacity
Manual, Special Report 209," bythe Transportation
Research Board of the National Research Council, 1985, as
updated or created shall be the primary basis and
reference for determining the level of service of any
given roadway, bicycle path, or pedestrian facility.
PD16 Section 9.5-4(M-1)
Section 9.5-4(M-1), Monroe County Code, is hereby repealed and a new
definition is created, to read as follows:
(R- ) Road network system, major, means all arterial,
collector,and frontage roads within Monroe County,
including new arterial, collector and frontage
roadsnecessitated by new land development activity
generating traffic."
PD 16A
Section 9.5-4(N-3)
Section 9.5-4(N-3), Monroe County Code, is hereby amended to read as
follows:
(N-3) New construction means a structure for which a
building permit is obtained on or after the effective
date of this chapter.
PD18C
Section 9.5-4(R-5)
Section 9.5-4(R-5), Monroe County Code, is hereby amended to read as
follows:
4
5) Road capacity means the maximum rate low at
welch vehicles can be reasonably expected to traverse a
point or uniform segment of a lane or roadway during a
specified time period under prevailing roadway, traffic,
and control conditions, usually expressed as vehicles per
hour.
PD19
Section 9.5-4
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(R- ) Road, local means a route providing service which is
of relatively low average traffic volume, short average
trip length or minimal through -traffic movement and high
land access for abutting property.
PD19A
Section 9.5-4
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as
(R-) Road, frontage means a public street or road
auxiliary to, and located alongside, abutting and
parallel to a highway for purposes of maintaining local
road continuity and for control of access.
PD22
Section 9.5-4(T-2)
Section 9.5-4(T-2), Monroe County Code, is hereby amended to read as
follows:
Temporary uses include those uses that are required for a
period certain in the construction phase of development,
are uniquely seasonal in nature, including other
activities of a similar nature such as Christmas tree
sales, temporary emergency shelters, concerts, carnivals
and tent meetings.
PD23
Section 9.5-4
Section 9.5-4(T-3), Monroe County Code, is hereby repealed.
PD24
Section 9.5-4(T-6)
Section 9.5-4(T-6), Monroe County Code, is hereby amended to read as
follows:
Trip means a single or uni-directional movement with
either the origin or destination exiting or entering
inside the study site.
PD25 Section 9.5-4(T-7)
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(T- )Trip ends means the total of all trips entering plus
all trips leaving a study site over a period of time.
5
--'�� Section 9.5-4
Section 9.5-4, Monroe County Code, is hereby amended to create a new
definition to read as follows:
(U- ) Ultra -light aircraft means any heavier-than-air,
motorized aircraft which meets the criteria for maximum
weight, fuel capacity, and airspeed established for such
aircraft by the Federal Aviation Administration.
PD27 Section 9.5-22(h)(1)
Section 9.5-22(h)(1), Monroe County Code, is hereby amended to read as
follows:
Regular meetings of the planning commission shall be
scheduled beginning January 1 of every calendar year for
twice monthly and as required by a majority of the board
of county commissioners, the chairman of the planning
commission, or a majority of the members of the planning
commission.
PD28 Section 9.5-24
Section 9.5-24, Monroe County Code, is hereby amended to change the
introduction to read as follows:
The department of planning shall perform the planning
functions for the county and shall provide technical
support and guidance for action on applications for
development approval and shall perform such other
functions as may be requested by the board of county
commissioners or the planning commission. The department
of planning shall be composed of a capital improvements
planning section, a current planning section, and a land
use and long-range planning section.
PD29 Section 9.5-44
Section 9.5-44, Monroe County Code, is hereby amended to read as
follows:
Sec. 9.5-44 Determination of completeness and compliance,
except for single-family dwellings. Within fifteen (15)
working days after an application for development approval
has been received, the development review coordinator
shall determine whether the application is complete. If
the development review coordinator determines that the
application is not complete, he shall serve a written
notice on the applicant specifying the application's
deficiencies. The development review coordinator shall
take no further action on the application unless the
deficiencies are remedied. If the development review
coordinator fails to make a determination of completeness
within fifteen(15) working days, the application is
deemed complete. Once the application is deemed complete,
the development review coordinator shall cause the
application to be evaluated within ten (10) working days
for compliance with the county's land use regulations. If
the development review coordinator determines that the
application is not in compliance, he shall serve a written
notice explaining why this is so, and the application
shall be denied. If the application is determined to be
in compliance with these land use regulations the
development review coordinator shall notify the applicant
the secretary o
puelic hearing may
(30) days following
notice given, if
development review
completeness shall
compliance with the
chapter.
PD3O
f the planning commission -hat a
be scheduled no earlier tnan thirty
a determination of compliance and a
required, and shall convene the
committee. A determination of
not constitute a determination of
substantive requirements of this
Section 9.5-45
Section 9.5-45, Monroe County Code, is hereby amended to read as follows:
(a) Content of notice: Every required notice shall include
the date, time and place of the hearing, the address where
known, a description of the site of the proposed
development to identify it for others to locate, the legal
description of the subject property with reference to the
closest mile marker, a summary of the proposal to be
considered, and identification of the body conducting the
hearing.
PD32
Section 9.5-45(c)
Section 9.5-45(c), Monroe County Code, is hereby amended to read as
follows:
(c) Posting of notice: At least thirty (30) days prior
to any public hearing, all applicants, excluding
governmental agencies, shall post the property that is
the subject of the hearing with a waterproof sign at least
four (4) square feet in front surface area, which is so
lettered that the date, time and location of the hearing
shall be easily visible from all public streets and public
ways abutting the property. Failure to provide proper
notice as per the Monroe County Code or other reason
resulting in a delayed hearing shall result in the
renoticing and rehearing of the original proposal and
which shall be at the expense of the applicant and which
shall be an amount equal to double the appropriate
application fee. The applicant shall remove the posted
notice within ten (10) days after completion of the
hearing.
PD33
Section 9.5-45(e)
Section 9.5-45(e), Monroe County Code, is hereby amended to read as
follows:
(e) Other notice: Notice of all public hearings shall be
mailed to all organizations, associations and other
interested persons or groups which have registered with
the department of planning and paid an annual fee to
defray the cost of mailing.
PD34
Section 9.5-46
Section 9.5-46, Monroe County Code, is hereby amended, inserting a new
subparagraph to read as follows:
(6) In the event of written protests against a proposed
major conditional use development order signed by the real
property owners of twenty (20) percent or more of the
people required to be noticed in section 9.5-45(d ),; such
application shall not be approved except by the concurring
7
e of at least four (4) commissioners befc ;e full
board of either commission.
PD36 Section 9.5-55(c)
Section 9.5-55(c), Monroe County Code, is hereby amended to read as
follows:
(c) Action on the application: If the development review
coordinator determines that the proposed development is in
compliance with all requirements of the county code, and
the building official determines that it is in compliance
with the Standard Building Code and the applicant for
development approval has been awarded a certificate of
compliance, the building official shall issue a building
permit with or without conditions.
PD37 Section 9.5-61
Section 9.5-61, Monroe County Code, is hereby amended to read as follows:
(a) Conditional uses are those which are generally
compatible with the other land uses permitted in a
district, but which require individual review of their
location, design and configuration and the imposition of
conditions in order to ensure the appropriateness of the
use at a particular location.
(b) Pursuant to subsection (a) above, and to section
9.5-63, all major conditional uses are considered to be
variations (not to be interpreted or considered under
section 9.5-523 concerning variances) from uses permitted
as of right in any district, and therefore subject to
Chapter 65-1942, Laws of Florida.
PD38 Section 9.5-63
Section 9.5-63, Monroe County Code, is hereby amended to read as follows:
Sec. 9.5-63 Authorized conditional uses.
Only those uses which are authorized in article VII,
division 2, or those nonconforming uses which are damaged
or destroyed, and are permitted to be re-established in
article V, may be approved as conditional uses.
(a) The designation of a use in a land use district as a
conditional use does not constitute an authorization or an
assurance that such use will be approved.
(b) Each proposed conditional use shall be evaluated by
the planning director and the planning commission for
compliance with the standards and conditions set forth in
this division for each district.
(c) The planning commission is empowered, within its
review of conditional use applications, to modify or to
deny any application which may not be appropriate within
any particular planning area in the context of surrounding
properties and neighborhoods as well as on grounds of
insufficient submittals for adequate review or contrary to
objectives and goals of the comprehensive plan.
PD39 Section 9.5-64
Section 9.5-64, Monroe County Code, is hereby amended to read as follows:
8
application for a development permit shall )mitted
by' the owner, an agent authorized in writing to act on the
owner's behalf, or other person having a written
contractual interest in the parcel of land proposed for
development.
PD40 Section 9.5-65(e)
Section 9.5-65(e), Monroe County Code, is hereby amended to read as
follows:
(e) The adequacy of public facilities and services,
including but not limited to roadways, park facilities,
police and fire protection, hospital and medicare
services, disaster preparedness program, drainage systems,
refuse disposal, water and sewers, judged according to
standards from and specifically modified by the public
facilities capital improvements adopted in the annual
report required by this chapter;
PD41 Section 9.5-68(b)
Section 9.5-68(b), Monroe County Code, is hereby amended to read as
follows:
(b) Review by the Development Review Committee: An
application for a minor conditional use permit shall be
reviewed by the development review committee. The
development review committee shall forward its report and
recommendation on the application for a minor conditional
use permit to the director of planning within ten (10)
working days of its determination of completeness.
PD42 Section 9.5-68(d)
Section 9.5-68(d), Monroe County Code, is hereby amended to read as
follows:
(d) Notice of Grant of a Minor Conditional Use Permit:
The director of planning shall give notice of any
development order granting a minor conditional use by
sending a written notice to all owners of real property
located within three hundred (300) feet of the property
that is subject to the minor conditional use permit, and
notice of the intent to issue the minor conditional
approval shall be published in newspapers of local
circulation in the county by advertisement in the legal
section. The costs of publication and written notice are
to be borne by the applicant.
PD43 Section 9.5-69(d)
Section 9.5-69(d), Monroe County Code, is hereby amended to read as
follows:
(d) Notice of Grant of a Major Conditional Use Permit:
The director of planning shall give notice of any
development order granting a major conditional use by
sending a written notice to all owners of real property
located within three hundred (300) feet of the property
that is the subject of the major conditional use permit
and notice of the intent to issue the major conditional
approval shall be published in newspapers of,4 local
circulation in the county by advertisement other than in
9
r legal notice section with the cost to be I by the
applicant.
PD43A
Section 9.5-69
Section 9.5-69, Monroe County Code, is hereby amended by inserting the
following to replace subparagraph (a):
(a) Applications for Major Conditional Uses. An application for a
major conditional use permit shall be submitted to the development
review coordinator in a form provided by the director of planning.
(1) If approval of a plat is required for the proposed development,
an application for plat approval shall be submitted in conjunction with
the application for a conditional use permit. However, a major
conditional use shall not become effective until the plat has been
approved by the board of county commissioners.
(2) As a part of the application for major conditional use, an
applicant shall be required to submit the following, except for those
inappropriate to the proposed development due to the limited size or
scale of the development as determined by the planning director :
a. An environmental designation survey consisting of:
(i) A plan drawn to a scale of one (1) inch equals twenty (20) feet
or less, except where impractical and the planning director
authorizes a smaller scale, and showing the following:
1. Location of property;
2. Date, approximate north point and graphic scale;
3. Acreage within the property;
4. Boundary lines of the property and their bearings and
distances;
5. Topography and typical ground cover;
6. General surface characteristics, water areas and
drainage patterns;
7. Contours at an interval of not greater than one foot
(1') or at lesser intervals if deemed necessary for review
purposes;
8. One hundred (100) year flood -prone areas by flood zone;
9. Presently -developed and/or already -altered areas;and
10. Location of mean high water line.
(ii) A natural vegetation map and/or a map of unique environmental
features such as:
1. Climax tropical hardwood hammocks;
2. Endangered species habitats;
3. Major wildlife intensive use areas.
(iii) Aerial photographs of the property and surrounding area
(iv) A review of historical and archeological sites by the Florida
Division of Archives, History and Records Management.
(v) A review of unique environmental features such as:
1. Climax tropical hardwood hammocks;
10
2. 1angered species habitats;
3. Major wildlife intensive use areas.
(vi) Actual acreage of specific vegetation species or other
environmental characteristics.
(vii) General information relating to the property in regard to the
potential impact which development of the site could have on the
area's natural environment and ecology.
(viii) Environmental resources
1. If shoreline zones were identified, describe in detail any
proposed site alterations in the areas including vegetation
removal, dredging, canals or channels; identify measures which
have been taken to protect the natural, biological functions of
vegetation within this areas such as shoreline stabilization,
wildlife and marine habitat, marine productivity and water
quality maintenance.
2. If tropical hammock communities or other protected
vegetative communities were identified, describe proposed site
alteration in those areas and indicate measures which were
taken to protect intact areas prior to, during, and after
construction.
3. Describe plans for vegetation and landscaping of cleared
sites including a completion schedule for such work.
(ix) Environmental resources -wildlife. Describe the wildlife
species which nest, feed or reside on or adjacent to the
proposed site. Specifically identify those species considered
to be threatened or endangered. Indicate measures which will be
taken to protect wildlife and their habitats.
(x) Environmental resources -water quality:
1. Identify any waste water disposal areas including stormwater
runoff, septic tank drainfields, impervious surfaces and
construction related runoff; describe anticipated volume and
characteristics. Indicate measures taken to minimize the
adverse impacts of these potential pollution sources upon the
quality of the receiving waters prior to, during, and after
construction; identify the nearshore water quality and identify
how this development will not adversely impact the nearshore
water quality;
2. Indicate the degree to which any natural drainage patterns
have been incorporated into the drainage system of the project.
b. A community impact statement including:
(i) General description of proposed development:
1. Provide a general written description of the proposed
development; include in this description the proposed phases of
development or operation and facility utilization, target dates
for each of these, and date of completion; in addition,
indicate the site size, developing staging and appropriate
descriptive measures such as quantity and type of residential
units, commercial floor area, tourist accommodation units,
seating and parking capacities; for residential development,
indicate the anticipated unit -per -acre density of the completed
project;
2. Identify aspects of the project design, such as a
clustering, which were incorporated to reduce public facilities
costs and improve the scenic quality of the development;
describe building and siting specifications which were utilized
to reduce hurricane and fire damage potential to comply with
federal flood insurance regulations and the comprehensive land
use plan.
(ii) Impact assessmenton public facilities and water supply:
11
Identify projected daily potable water dem at the
end of each development phase and specify any consumption
rates which have been assumed for the projection;
2. Provide proof of coordination with the Florida Keys
Aqueduct Authority; assess the present and projected
capacity of the water supply system and the ability of
such system to provide adequate water for the proposed
development;
3. Describe measures to insure that water pressure and
flow will be adequate for fire protection for the type of
construction proposed.
(iii) Public facilities -waste water management:
1. Provide proof of coordination with the Florida
Department of Health and Rehabilitative Services;
2. Provide projection of the average flows of waste water
generated by the development at the end of each
development phase; describe proposed treatment system,
method and degree of treatment, quality of effluent, and
location of effluent and sludge disposal areas; identify
method and responsibilities for operation and maintenance
of facilities;
3. If public facilities are to be utilized, provide proof
of coordination with the Monroe County Waste Collection
and Disposal District; assess the present and projected
capacity of the treatment and transmission facilities and
the ability of such facilities to provide adequate service
to the proposed development;
4. If applicable, provide a description of the volume and
characteristics of any industrial or other effluents.
(iv) Public facilities -solid waste
1. Identify projected average daily volumes of solid waste
generated by the development at the end of each phase;
indicate proposed methods of treatment and disposal;
2. Provide proof of coordination with Monroe County
Municipal Services District; assess the present and
projected capacity of the solid waste treatment and
disposal system and the ability of such facilities to
provide adequate services to the proposed development;
3. Comply with the requirements of section 9.5-426 of this
chapter concerning any applicable traffic study.
(v) Public facilities -transportation:
1. Provide a projection of the expected vehicle trip
generation at the completion of each development phase;
describe in terms of external trip generation and average
daily and peak hour traffic;
2. If the project site is adjacent to U.S. 1, describe
themeasures, such as setbacks and access limitations,
which have been incorporated into the project design to
reduce impacts uponU.S.l.
(vi) Housing:
1. If the project includes residential development,
provide break down of the proposed residential units by
price range or rental range and type of unit such as
single family, duplex, townhouse, etc.;
2. If lots are to be sold without constructed dwelling
units, indicate the number and percentage of such lots and
the extend of improvements to be made prior to sale;_
12
Assess the potential of the proposed dev ent to
meet localor regional housing needs; in particular,
indicate any measures taken to provide low and moderate
income housing.
(vii) Special considerations:
1. Describe the relationship of the proposed development
to the comprehensive land use plan objectives and
policies; also indicate relationships existing or proposed
public facilities plans; identify any conflicts.
2. Indicate any relationships of the project to special
land use and development district such as airport noise
and hazard zones, solid or liquid waste treatment or
disposal areas;
3. If applicable, assess the impact of the proposed
development upon other adjacent or nearby municipalities
or counties.
(viii) The data and information provide in a Community Impact
Statement shall be coordinated with data and other information
and/or permits required by local, regional, state or federal
regulatory or reviewing agencies as appropriate to the major
conditional use proposed.
( Continue current subsections (b), (c), and (d) of existing text )
PD43B
Section 9.5-69(f)
Section 9.5-69(f), Monroe County Code, is hereby created to read as
follows:
(f) Exemption from Final Development Plan.
(1) Developments whose activity is involved in one (1) acre or less
and not more than one phase, or of a predominantly or exclusively of a
religious or charitable nature involving the construction or expansion
of principal facilities or accessory uses for its religious or
charitable purpose not involving two (2) or more acres may be exempted
by the director of planning from compliance with submission of a final
development plan.
(2) Before granting such exemption, the planning director shall
first determine that the project will be predominantly or exclusively of
a charitable or religious nature. In making such a determination, the
director of planning shall consider the nature and extent of the
proposed charitable or religious activities of the applicant's project
with all other activities of the applicant and a comparison of the
proposed utilization of the project for the charitable or religious
activities in comparison with other proposed uses of the project.
(3) The director of planning shall, before granting the exemption,
render into writing a clear statement of the underlying facts and conclu-
sions based thereon, after determining that the project will have no
significant adverse effect upon:
a. The current and future ability of Monroe County to
adequately dispose of solid waste;
b. The existing level of traffic service in the immediate
area of the project;
C. Disaster preparedness including hurricane evacuation
ability and/or shelter capacity;
d. Environmental resources including shoreline areas,
tropical hammock communities, marine habitat, marine productivity, and
wildlife, particularly those species which are considered threatened or
endangered;
13
e. pre -development water quality of any water :ted to
receive any type'of waste water or runoff generated by the project;
f. Historical and archeological resources of the project site
area.
(4) Appeals from the above determination may be taken according to
the provisions of chapter 14 of these regulations.
PD44 Section 9.5-69(f)
Section 9.5-69(f), Monroe County Code, is hereby amended by adding a new
subparagraph to read as follows:
(e) Appeal of a Development Order Issued by the Planning
Commission: If the applicant, an adjacent property
owner,or any aggrieved or adversely affected person, as
defined by 163.3215 (2),F.S. (1987), or any person who
presented information or recommendation at the public
hearing conducted pursuant to section 9.5-69(c), files an
appeal with the director of planning, within thirty (30)
days after the mailing by the director of planning, the
notice required in section 9.5-69(d), the board of county
commissioners shall consider the development order on the
record established before the planning commission. The
board, after considering such record and such argument
based on the record that the appellant(s) and appellee(s)
may choose to present, shall affirm, reverse or modify the
decision of the planning commission, or remand with
specific directions to the planning commission in
compliance with the applicable portions of the Florida
Keys Comprehensive Plan and Land Development Regulations.
Otherwise, the development order shall be placed on the
consent agenda of the next regularly scheduled meeting of
the board of county commissioners following the expiration
of the thirty (30) day period described in this section.
A majority vote of the county commissioners may remove a
development order from the consent agenda, but such vote
may only be taken at a regularly scheduled meeting of the
board held during the thirty (30) day period described in
this section. A development order removed from the
consent agenda by the commissioners shall also be
considered on the record established before the planning
commission. The board shall affirm, reverse or modify the
decision of the planning commission, or remand with
specific directions to the planning commission in
compliance with the applicable provisions of the plan and
this chapter.
PD45 Section 9.5-70(f)
Section 9.5-70(f), Monroe County Code, is hereby amended to read as
follows:
(f) Unless final development plan approval has been reserved to the
planning commission as a condition of approval of a conditional use
permit or by the provisions pertaining to that land use district,
the director of planning, upon a finding of conformity with the
conditional use approval, shall prepare a report of his findings.
If final action of a final development plan has been reserved to the
planning commission, the planning commission shall hear it at a
regularly scheduled meeting and upon the recommendation of the
planning director, shall approve a final development plan if it is
deemed to be in conformity with conditional use approval. If the
plan is not in conformity, the planning commission shall return the
final plan to the applicant with a written statement of the changes
that would make the final plan conform. The planning commission
shall consider the final plan at a regularly scheduled hearing when
requested by the applicant. Any final plan rejected by the planning
commission shall be deemed null and void if not resubmitted within
180 days.
14
1) A f !plan shall be deemed to be in conformity if
a) Evidences development within the parameters established
by the planning commission in the prior approval of the
conditional use as to the total number of dwelling units
proposed by type of structure and number of bedrooms;
b) Evidences development with the parameters established
by the planning commission as to the total number of
nonresidential structures;
c) Evidences development within the parameters established
by the planning commission as to the total square feet
of building floor area proposed;
d) Evidences development within the parameters established
by the planning commission as to the total land area
devoted to residential uses, commercial uses, public
and private open space, streets, off-street parking and
loading areas and other impervious surfaces;
e) Evidences development within the parameters established
by the planning commission for floor area ratio by type
of development;
f) Evidences development within the parameters established
in the prior approval of the condition use permit
for the number of off-street parking and loading
spaces for each type of use;
g) Evidences development which is consistent with the stated
purpose of the land use district; and
h) Evidences conformity to such other criteria and/or
conditions as were established by the planning commission
in the conditional use permit.
PD46 Section 9.5-70(b)
Section 9.5-70(b), Monroe County Code, is hereby amended to read as
follows:
(b) Authority: The final plan representing conditions
placed by the planning commission and required for
development approval shall be submitted to the director of
planning within sixty (60)days of the rendering of the
development order for the conditional use permit. The
final plan may be submitted in phases if phases have been
approved as part of approval at the time of major
conditional use approval.
PD47 Section 9.5-70(c)
Section 9.5-70(c), Monroe County Code, is hereby repealed.
PD48A Section 9.5-71(b)
Section 9.5-71(b) Monroe County Code, is hereby created to read as
follows:
(b) Prior to the expiration of the time periods described
in section 9.5-72(a)(1) and the commencement of any
construction, the owner of any property which is the
subject of a recorded conditional use approval and who
desires to abandon such approval shall submit a petition
that shall be processed as a major conditional review. The
resolution shall be a recordable instrument. If the major
conditional use, which is the subject of the recorded
approval, has been constructed, or partially constructed,
the owner of the site may petition the approving body for
the release, which shall also be by a major conditional
review, but the body shall not grant such a petition
unless it finds that the major conditional use has been
abandoned or is presently in an irrevocable process of
abandonment.
15
(editor's n the existing paragraph should become a -agraph
(a)
PD49 and PD50 Section 9.5-72
Section 9.5-72, Monroe County Code, is hereby created to replace the
existing language, to read as follows:
(a) Effect of Issuance of a Condition Use Approval: Approval for a
conditional use shall be deemed to authorize only the particular use
for which it is issued. A conditional use approval shall not be
transferred to a successive owner without notification to the
development review coordinator within five (5) days of the transfer.
(1) Unless otherwise specified in the approved conditional use
approval, application for a building permit(s) shall be made
within six (6) months of the date of the approval of the
conditional use, and all required certificates of occupancy
shall be procured within two (2) years of the date of issuance
of the initial building permit, or the conditional use approval
shall become null and void with no further action required by
the county. Approval time frames do not change with successive
owners. An extension of time may be granted only by the body
approving the conditional use approval for a period not to
exceed one (1) year and only within the original period of
validity.
(2) Development of the use shall not be carried out until
the applicant has secured all other permits and approvals
required by this chapter, the Monroe County Code, or regional,
state and federal agencies and until the approved conditional
use is recorded in accordance with section 9.5-71.
(b) Adjustments to Approved Conditional Use Approvals and
Inspection During Development Under a Conditional Use Approval.
(1) Authorized: After a conditional use has been
approved,adjustments may be approved for major or minor
deviations as set forth in subsections (3) and (4) herein.
(2) Inspections by department of planning. Following issuance
of a condition use approval, the director of planning shall
review on a quarterly basis until the completion of the
development all permits issued and construction undertaken,
shall compare actual development and the approved plans and
permits for development and the approved development schedule,
if any, and shall report his findings in writing to the
planning commission.
(3) The director of planning may approve a minor deviation
from the final development plan and schedule. Minor deviations
must be authorized in writing and are subject to administrative
appeal to the planning commission. Minor deviations which may
be authorized are those that appear necessary in light of
technical and engineering considerations brought to light by
the applicant or the director of planning and shall be limited
to the following:
a. Alteration of the location of any road or walkway by
not more than five (5) feet;
b. Reduction of the total amount of open space by not
more than five (5) percent or reduction of the yard area
or open space associated with any single structure by not
more than five (5) per cent provided that such reduction
does not permit the required open space to be less than
that required by section 9.5-262 or section 9.5-343;
c. Alteration of the location, type or quality of required
landscaping elements of the conditional use permit.
(4) Major deviations: If the holder of an approved
conditional use wishes to make an adjustment to the approval
16
the I not a minor deviation, approval of t" anning
commission in accordance with the provisions of paragraph d of
this subsection (4) must be obtained. If the director of
planning finds that the development is not proceeding in
substantial accordance with the approved plans or schedule or
that it fails in any other respect to comply with the
conditional use approval issued or any provision contained in
this chapter, the director shall immediately notify the
development review coordinator, the planning commission and the
board of county commissioners of such fact, and may, if
necessary for the protection of the public health, safety or
welfare, notify the building official to issue a temporary
order stopping any and all work on the development until such
time as any noncompliance is cured. No action may be taken by
the commission or the board of county commissioners which
effectively amends the conditional use approval except by way
of the procedures set out in section 9.5-69.
(5) Action by the planning commission: Within thirty
(30)working days following notification by the director of
planning that work is not proceeding in substantial accordance
with the approved plans or schedule or in some other respect is
not in compliance with the conditional use approval, the
commission shall:
a. Determine that action be taken to bring development
into substantial compliance; or
b. Determine that the conditional use approval be
revoked; or
C. Authorize adjustments to the approved conditional use
approval when such adjustments appear necessary in light
of technical or engineering considerations first
discovered during actual development and not reasonably
anticipated during the initial approval process. Such
adjustments shall be consistent with the intent and
purpose of the conditional use approval as permitted, and
shall be the minimum necessary to overcome the particular
difficulty. No adjustment shall be inconsistent with the
requirements of this chapter. Prior to considering action
on such adjustments, the planning commission shall make
inquiry of any person or persons having information which
may relate to the basis for consideration of an
adjustment, but shall act as promptly and as expeditiously
as possible. If the planning commission determines that
an adjustment is necessary, it may, without public
hearing, approve the following adjustments, provided that
such adjustments do not have the effect of reducing the
open space required under the provisions of section
9.5-262 or section 9.5-343:
(i) Alteration of the bulk regulations for any one
structure by not more than five (5) percent;
(ii) Alteration of the location of any one (1) structure
or group of structures by not more than ten (10) feet;
(iii)Alterations of such other requirements or conditions
as were imposed in the approval of the conditional
use or in approval of the final development plan by
not more than five (5) percent or, in the case of
location, a variation of not more than ten (10) feet
from the location approved in the final plan, so long
as in all cases such adjustments are in accord with
the parameters established in the conditional use
approval.
In the event the building official has issued a temporary
order stopping work as provided for herein, the planning
commission shall, within thirty (30) working days from the
date of the issuance of the temporary order:
(i) Proceed to revoke the conditional use approval; or
(ii) Overrule the action of the building official, in
which case the temporary order shall immediately
become null and void; or
(iii)The commission shall submit a report of its action to
the board of county commissioners.
17
(6) tion by the board of county commission( Upon
receiving a report or recommendation from the planning
commission, the board of county commissioners may:
a. Conduct a full investigation into the facts and
circumstances surrounding the alleged noncompliance;
b. Consider immediately terminating the conditional use
approval and permit; or
C. Consider overruling the action of the building
official.
(c) Other Adjustments: Any other adjustments or changes not
specified in section 9.5-72(b) shall be granted only in accordance
with procedures for original approval of a conditional use, as set
forth in section 9.5-61 et seq.
(d) Inspections After Development.
(1) Inspections by planning department: Following completion
of the development of a condition use, the planning department
shall review the development for compliance with the use as
approved. If it is determined that the conditional use has
been developed in accordance with the approval, then a
certificate of occupancy shall be issued in accordance with
section 9.5-117. If the director of planning finds that the
development, as completed, fails in any respect to comply with
the use as approved, he shall immediately notify the building
official, the development review coordinator, the planning
commission, the board of county commissioners, and the
applicant of such fact. The building official shall not issue
a certificate of occupancy pursuant to section 9.5-117 until
the planning commission has acted on the planning director's
notification of noncompliance.
(2) Action by planning commission: Within thirty (30) working
day following notification by the director of planning, the
commission shall:
a. Recommend that the finding of the director of planning
be overruled; or
b. Recommend to the applicant modifications in the
development to bring it into accord with the terms and
provisions of the final plan approval and the conditional
use permit; or
C. Revoke the conditional use permit, as well as all
prior approvals and related or resulting permits.
PD51 Section 9.5-81(a)
Section 9.5-81(a)(4), Monroe County Code, is hereby created to read as
follows:
(4) The division of land into two parcels within a
one-year period in SR, SS, and NA will not require plat
approval. All metes -and -bounds subdivision which would be
allowed by this subsection must have as a minimum lot size
sufficient to build a single-family dwelling unit as is
required by this chapter in the land use district in which
the subdivision is proposed, and any subdivision shall be
subject to the disclosure statement required by section
9.5-81(f) and shall be limited to one such subdivision per
year.
PD52 Section 9.5-112(a)
Section 9.5-112(a), Monroe County Code, is hereby amended to read as
follows:
18
Certificate of Compliance Required: A cer zte of
compliance shall be required prior to issuance of any
building permit or alcoholic beverage use permit when no
other development approval is required other than a
building permit.
PD53 Section 9.5-142
Section 9.5-142, Monroe County Code, is hereby amended to read as
follows:
Section 9.5-142 Registration
All claims of nonconforming uses and structures shall be
made to the development review coordinator in a form
provided by the director of planning. The director of
planning may establish a process for nonconformities to be
registered prior to any claim of nonconformity.
Evaluation of nonconformity claims and registrations shall
be on a case -by -case basis by the director of planning
based on the lawful nature of the use or structure when
established, subject to appeal as provided in article
XII. The board of county commissioners, at their
discretion, may direct the director of planning to issue
notification by category.
PD58 Section 9.5-205
Section 9.5-205, Monroe County Code, is hereby amended to read as
follows:
The purpose of the URM district is to recognize the
existence of established mobile home parks and
subdivisions, and tracts reserved for this kind of use,
but not to create new such areas, and to provide for such
areas to serve as a reservoir of affordable and
moderate -cost housing in Monroe County. Tracts of
URM-zoned districts existent at the date of the adoption
of this chapter may be subdivided into lots not less than
8,000 square feet in size subject to a major conditional
use permit review.
PD59 Section 9.5-205
Section 9.5-205.1, Monroe County Code, is hereby created to read as
follows:
Section 9.5-205.1. Purpose of the Urban Residential
Mobile Home -Limited District (URML-L). The purpose of the
URML-L is to recognize the existence of parks and
subdivisions which consist exclusively, or almost
exclusively, of mobile homes, but not to create new such
areas, in order to permit property owners in such areas to
replace or establish mobilehomes below base flood
elevation as authorized by certified federal regulations.
PD60 Section 9.5-213
Section 9.5-213, Monroe County Code, is hereby amended to read as
follows:
The purpose of this district is to accommodate the legally
vested residential development rights of the owrWrs of
lots in subdivisions that were lawfully established and
19
!coved prior to the adoption of these regula For
one' purpose of this section, improved lots are ttiose which
are served by a dedicated and accepted existing road of
porous or non -porous material, that have a Florida Keys
Aqueduct Authority -approved potable water supply, and that
have sufficient uplands to accommodate the proposed use in
accordance with the required setbacks. This district is
not intended to be used for new land use districts of this
classification within the county. Any tract designated IS
on the effective date of this chapter may be subdivided
pursuant to Division 4 and at a lot size not less than
12,500 square feet. For the purpose of this section, a
tract is that which is identified as such in the Monroe
County property records.
PD61 Section 9.5-213
Section 9.5-213, Monroe County Code, is hereby created to read as
follows:
The purpose of this district is to accommodate the
legally -vested residential development rights of the
owners of lots in subdivisions that were lawfully
established and improved prior to the adoption of these
regulations. For the purpose of this section, improved
lots are those which are served by a dedicated and accept-
ed existing road of porous or non -porous material, that
have a Florida Keys Aqueduct Authority -approved potable
water supply, and that have sufficient uplands to
accommodate the proposed use or have sufficient other
lands on the least environmentally -sensitive portions of
the site or combination thereof in accordance with
required setbacks and the environmental clustering
criteria contained in section 9.5-345 (a) and (b) to
accommodate the proposed use. This district is not
intended to be used for new land use districts of this
classification within the county.
PD64 Section 9.5-231(d)
Section 9.5-231(d), Monroe County Code, is hereby created to read as
follows:
(d) Sub -district indicators
1. Upon either issuance of development permit or
amendment to the land use district map, the following
sub -district indicators shall be recorded for any lot or
parcel, according to the degree of development permitted
on that parcel:
a. Sub -district indicator "-1" - for any use within any
district permitted as of right (i.e. SC-1);
b. Sub -district indicator "-2" - for any use within any
district permitted as minor conditional use (i.e. SC-2);
C. Sub -district indicator "-3" - for any use within any
district permitted as a major conditional use (i.e. SC-3);
d. Sub -district indicator "AF" - for any use within any
district for affordable housing;
e. Sub -district indicator "MD" - for existing major
developmentprojects lawfully entitled development rights
under section 9.5-2(B)(4) a and b, as well as those
completed major developments prior to December 12, 1985.
2. Such indicator shall serve to permit:
a. Changes of use within indicator range without being
taken to involve "development" under section 9.5-4, D-5
with the exception of affordable housing;
b. Application for specific indicator range amendment to
the land use district maps in order to assure development
to a specific degree in the context of surrounding uses;
C. Modification of amendments to land use district maps
by the board of county commissioners in order to assure
20
- 1�lopment to specific degree in the ;t of
�,ulounding uses;
d. Implementation of time frame provisions of section,
9.5-266, affordable housing.
e. Registration of uses existing on the effective date of
the land use regulations which would be permitted as a
conditional use under the terms of these regulations being
deemed to have a conditional use permit and which are not
considered to be non -conforming.
PD66A Section 9.5-232(b)
Section 9.5-232(b)(6), Monroe County Code, is hereby created to read as
follows:
(6) Parks and community parks.
PD66B Section 9.5-233(b)
Section 9.5-233(b)(3), Monroe County Code, is hereby created to read as
follows:
(3) Parks and community parks.
PD66C Section 9.5-234(b)
Section 9.5-234(b)(3), Monroe County Code, is hereby created to read as
follows:
(3) Parks and community parks.
PD66D Section 9.5-235(b)
Section 9.5-235(b)(9), Monroe County Code, is hereby created to read as
follows:
(9) Parks and community parks.
PD66E Section 9.5-236(b)
Section 9.5-236(b)(5), Monroe County Code, is hereby created to read as
follows:
(5) Parks and community parks.
PD66F
Section 9.5-238(b)
Section 9.5-238(b), Monroe County Code, is hereby created to read as
follows:
(4) Parks and community parks.
PD66G
Section 9.5239(b)
Section 9.5-239(b)(4), Monroe County Code, is hereby created to read as
21
follows:
(4) Parks and community parks.
PD66H
Section 9.5-240(b)
Section 9.5-240(b)(2), Monroe County Code, is hereby created to read as
follows:
(2) Parks and community parks.
PD66I
Section 9.5-241
Section 9.5-241(b) Monroe County Code, is hereby created to read as
follows:
(b) The following uses are permitted as minor conditional
uses in the Offshore Island District, subject to the
standards and procedures set forth in article III,
division 3:
(1) Parks and community parks.
and existing subparagraph (b) is changed to read (c).
PD66J
Section 9.5-242
Section 9.5-242(b), Monroe County Code, is hereby created to read as
follows:
(b) The following uses are permitted as minor conditional
uses in the Improved Subdivision District, subject to the
standards and procedures set forth in article II, division
3:
(1) Parks and community parks.
and existing subparagraph (b) is changed to read (c).
PD66K Section 9.5-244(b)
Section 9.5-244(b), Monroe County Code, is hereby created to read as
follows:
(2) Parks and community parks.
PD66L
Section 9.5-248(b)
Section 9.5-248(b)(10), Monroe County Code, is hereby created to read as
follows:
(10) Parks and community parks.
PD67 Section 9.5-235(c)(7)
Section 9.5-235(c)(7), Monroe County Code, is hereby created to read as
follows:
22
(7) 'a Markets, provided that:
l.' The operator and individual vendors of the flea
market are holders of valid Monroe County
occupational licenses as required by section 12-51 of
the Monroe County Code;
2. The parcel proposed for development has an area of at
least one acre;
3. Fifty percent of the parcel must be set aside for
off-street parking;
4. The parcel of land on which the flea market is to be
located has direct access from US-1;
5. Direct access to US-1 is by way of:
a. An existing curb cut,
b. A signalized intersection, or
C. A curb cut that is separated from any other curb
cut by at least 400 feet;
6. The parcel is separated from any existing residential
use by a class "E" bufferyard;
7. Septic sewage disposal facilities approved the
Florida Department of Health and Rehabilitation
Services shall be available on site during hours of
operation;
8. A flea market operator having 30 or more individual
lessee stall occupants shall submit a traffic control
plan to the planning director for approval. At a
minimum, the operator shall provide for the hiring of
qualified traffic control personnel, one per access
to U.S.1, to direct traffic to the on -site parking;
9. When flea markets are contained within a building or
buildings floor area ratio and parking requirements
of section 9.5-351 shall apply;
10. No overnight camping or storage of recreational
vehicles shall be allowed;
11. Fencing of the perimeter of the flea market site
shall be required with no barb wire allowed.
and Section 9.5-4 (F- ), Monroe County Code, is hereby created to read
as follows:
Flea Market means a building or open area in which stalls
or sales area are set aside, and rented or otherwise
provided, and which are intended for use by various
unrelated individuals to sell articles which are either
home-made, home-grown, home -crafted, old, obsolete or
antique, and may include the selling of goods at retail by
businesses or individuals who are generally or tradition-
ally engaged in retail trade.
PD68 Section 9.5-235(b)(6) and
Section 9.5-235(c)
Section 9.5-235(b)(6) is hereby repealed and section 9.5-235(c)7,
Monroe County Code, is hereby created to read as follows:
7. Heliports or seaplane ports, provided that:
a. The helicopter is associated with a government
service facility, a law enforcement element or a
medical services facility;
b. The heliport or seaplane port is a Federal Aviation
Administration certified landing facility;
C. The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
d. If there are established residential uses within 500
feet of the parcel proposed for development, the
hours of operation of non -emergency aircraft shall be
limited to daylight; and
23
The use is fenced or otherwise secured fx try by
unauthorized persons.
PD69 Section 9.5-235.1
Section 9.5-235.1,Monroe County Code, is hereby created to read as
follows:
Section 9.5-235.1, URM-L District.
(a) The following uses are permitted as of right in the
URM-L District:
1. Mobile homes
2. Recreational vehicles, as provided in Chapter
513, Florida Statutes;
3. Home occupations by special use permit requiring
a public hearing;
4. Accessory uses
(b) The following uses are permitted as major conditional
uses in the URM-L district subject to the standards
and procedures set forth in article VII, division 4:
1. Marinas, provided that:
a. The marina is primarily intended and designed to
serve the residents of the district in which it
is located;
b. The parcel proposed for development has access
to water of at least four (4) feet below mean
sea level at mean low tide;
C. The sale of goods and services is limited to
fuel, food, boating and diving and sport fishing
products;
d. Vessels docked or stored shall not be used for
live -aboard purposes; and
e. All outside storage area are screened from
adjacent uses by a solid fence, wall or hedge of
at least six (6) feet in height.
2. Commercial retail of low intensity of less than 2,500
square feet of floor area, provided that:
a. The parcel of land on which the commercial
retail use is to be located abuts that right of
way of US 1;
b. The primary structure must be located within 200
feet of the centerline of US 1;
C. The commercial retail use does not involve the
sale of petroleum products;
d. The commercial retail use does not involve the
outside storage of merchandise.
e. There is no direct access to US 1 from the
parcel of land on which the commercial retail
use is to be located;
f. The structure in which the commercial retail use
is to be located is separated from the US 1
right of way by a class C bufferyard;
g. The structure in which the commercial retail use
is to be located is separated from any existing
residential structure by a class C bufferyard;
and
h. No signage other than one identification sign of
no more than four (4) square feet shall be
placed in any yard or on the wall of the
structure in which the commercial retail use is
to be located except for the yard or wall that
abuts the right-of-way of US 1.
PD70 Section 9.5-235(c)(7)
Section 9.5-235(c)(7), Monroe County Code, is hereby created to read as
follows:
(7) Light industrial uses, provided that:
24
The parcel proposed for development areas ins at
least two (2) acres;
b. No use may emit from a vent, stack, chimney, or
combustion process any smoke that is visible to the
naked eye;
C. All light industry shall not generate noise that has
an annoying or disruptive effect upon uses located on
nearby development;
d. The parcel proposed for development is separated from
any established residential use by at least a class E
bufferyard;
e. All development shall provide for an enclosed or
screened location for storage of refuse, and such
locations shall be secure and sanitary. If the
manner of storage or collection requires vehicle
access, it shall be provided in such a way so as not
to impair vehicular movement along public roadways;
f. All development shall provide adequate access for
emergency services;
g. No industrial operation whether light industrial or
pre-existing as of the effective date of September
15, 1986, may operate beyond the hours of 7 A.M.to 7
P.M. unless the planning director as a part of
conditional review provides a written finding that
extending the hours of operation is consistent with
intent of the district and does not create a nuisance
on surrounding property.
h. No use in any permissible business district may
generate any ground -transmitted vibration that is
perceptible to the human sense of touch measured at
either the outside boundary of the immediate space
occupied by the enterprise generating the vibration
if the enterprise is one of several located on a lot,
or the lot line if the enterprise generating the
vibration is the only enterprise located on a lot;
i. No use may create any electrical disturbance that
adversely affects any operations or equipment other
than those of the creator of such disturbance or
contribute to the interference with electronic
signals (including television and radio broadcasting
transmissions) to the extent that the operation of
any equipment not owned by the creator of such
disturbance is adversely affected;
j. The lot on which the development is to be located may
not be used for the temporary or permanent storage of
materials that are not utilized, manufactured,
processed or consumed on site;
k. A parcel located adjacent to a major street or scenic
corridors as defined by this chapter shall be
separated from said road or corridor by a class F
buffer;
1. For the purposes of light industrial uses allowed
within this district, commercial fishing industries
are excluded.
PD71 Section 9.5-236(c)(6)
Section 9.5-236(c)(6), Monroe County Code, is hereby amended to read as
follows:
Hotels of fewer than 25 rooms provided that:
The parcel proposed for development is at least two
(2) acres;
The parcel proposed for development is separated from
any adjacent residential district by a class D
bufferyard;
The use is compatible with
in the immediate vicinity
development;
the land uses established
of the parcel proposed for
25
One or more of the following amenities a: tilable
on site to the guests of the motel:
(i) Waterfront activities including, but not limited
to boat rentals and fishing docks,
(ii) Swimming pool,
(iii) Boat docking,
(iv) Tennis courts;
e. The following uses may be allowed as ancillary and
supportive of the primary motel use:
(i) Commercial use of less than 2,500 square feet of
floor area provided use is incidental to the
principal use of the parcel proposed for
development and ancillary to and supportive of
the motel use,
(ii) Marinas provided that:
(a) Access to the parcel is by water at least
4' below sea level at mean low tide,
(b) This marina involves only the sale of food,
fuel, service for boats, diving, sport
fishing,
(c) Vessels stored or docked shall not be used
for liveaboards purposes,
(d) Temporary boat storage may be for the use
of guests and must be screened from
adjacent uses by a solid fence, wall, or
hedge at least six (6) feet in height.
PD72 Section 9.5-236(c)(8)
Section 9.5-236(c)(8), Monroe County Code, is hereby created to read as
follows:
(8) Communication towers, provided that:
a. the parcel proposed is at least one acre and
b. the tower is setback from the property line a distance
equal to the height of the tower and any guy supports
are set back twenty (20) feet from any property line.
PD73 Section 9.5-236(b)(1)a
Section 9.5-236(b)(1)a,b, c Monroe County Code, is hereby
amended to read as follows:
(1) Attached residential dwelling units, provided that:
a. The total number of units does not exceed four
(4) per building;
b. The structures are designed and located so that
they are visually compatible with established
residential development within two hundred fifty
(250) feet of the parcel proposed for
development; and
C. The parcel proposed for development is separated
from any established detached residential use by
a class C bufferyard.
PD74 Section 9.5-236(b)(4)a
Section 9.5-236(b)(4)a, Monroe County Code, is hereby amended to read
as follows:
a. The parcel of land on which the commercial retail use
is to be located abuts the right-of-way of U.S. 1, or a
26
' icated right-of-way to serve as a frontal ad for
u.'b. 1.
PD75 Section 9.5-236(b)(4)d
Section 9.5-236(b)(4)d, Monroe County Code, is hereby amended to read as
follows:
d. The commercial retail use does not involve the outside
storage or display of goods or merchandise with the
exception that outside sales and display for nurseries may
be permitted with the stipulation that required open space
and required bufferyards may not be used for display and
sales.
PD76 Section 9.5-236(b)(5)
Section 9.5-236(b)(5), Monroe County Code, is hereby created to read as
follows:
(5) Duplex dwelling units provided that:
a) The parcel proposed for development is, a platted and
improvedlot of at least 10,000 square feet in size
and in existence at the time of the adoption of this
chapter;
b) The improvements are designed and located so that
they arevisually compatible with established
residential development.
PD77A
Section 9.5-238(c)(7)
Section 9.5-238(c)(7), Monroe County Code, is hereby created to read as
follows:
(7) Communications towers, provided that the parcel
proposed is at least one acre.
PD78 Section 9.5-238(c)(6)(c)
Section 9.5-238(c)(6)(c), Monroe County Code, is hereby amended to read
as follows:
C. A maximum height of any landfill of sixty-five (65)
feet may be established after individual study of each
landfill as to impacts on the surrounding neighborhood and
visual impacts on the surrounding area. Such height may
be achieved once a base of twenty-five (25) percent
recycling of glass, paper, and other wood products is
achieved. A ten (10) foot increase in landfill height may
be achieved for the first six (6) percent increase in
recycling achieved. Thereafter, a ten (10) foot increase
in landfill height may be allowed for each five (5)
percent increase in recycling achieved.
PD79 Section 9.5-238(c)(4)c
Section 9.5-238(c)(4)c, Monroe County Code, is hereby amended to read as
follows:
C. If the use involves the sales of goods and services,
other than the rental of camping sites, such use does not
27
Teed one thousand (1000) square feet and is ned to
serve the needs of the campground; and
PD81 Section 9.5-239(c)(4)
Section 9.5-239(c)(4), Monroe County Code, is hereby created to read as
follows:
(4) Communications towers, provided that:
a. The parcel proposed is at least one acre; and
b. The tower is set back from the property line a
distance equal to the height of the tower, and any
guy supports are set back twenty (20) feet from any
property line.
PD84 Section 9.5-242(b)(3) and (4)
Section 9.5-242(b)(3) and (4), Monroe County Code, are hereby created to
read as follows:
(3) Public parks;
(4) Schools.
PD86 Section 9.5-242(b)(1)a
Section 9.5-242(b)(1)a, Monroe County Code, is hereby amended to read as
follows:
a. The parcel of land on which the commercial retail use
is to be located abuts the right-of-way of U.S. 1, or
a dedicated right-of-way to serve as a frontage road
for U.S.1.
PD87
Section 9.5-243(b)
Section 9.5-243, Monroe County Code, is hereby amended to read as
follows:
(a) The following uses are permitted as of right in the Destination
Resort District, subject to the standards and procedures in article III,
division 2:
(1) Detached residential dwellings
(2) Home occupations
(3) Accessory uses
(b) The following uses are permitted as minor conditional uses in the
Destination Resort District, subject to the standards and procedures set
forth in article III, division 3:
(1) Hotels of fewer than fifty (50) rooms, provided that:
a. The use is compatible with established land uses
in the immediate vicinity;
b. One (1) or more of the following amenities are
available to guests:
(i) Swimming pool;
(ii) Boat docking;
(iii)Tennis courts; and
c.The applicant has demonstrated through a traffic
impact study prepared by a qualified professional
that traffic generated by the use will not exceed
fifty (50) percent of the trips generated per room by
28
the hotel or motel of comparable size as in the.
most current edition Institute of Transportation
Engineering Trip Generation Manual.
(2) Commercial retail uses of less than five thousand
(5000) square feet of floor area, provided that the
use is incidental to the principal use of the parcel
proposed for development.
(3) Museum.
(4) Natural preserves
(5) Historical/Archaeological sites
(c) The following uses are permitted as major conditional uses...
(and continue with the remainder of this section as written and
existing.)
PD89 Section 9.5-248(c)
Section 9.57248(c), Monroe County Code, is hereby amended to read as
follows:
"(9) Mariculture."
PD90 Section 9.5-250(c)
Section 9.5-250(c), Monroe County Code, is hereby amended to read as
follows:
"(3) Mariculture, provided that:
a. The use is compatible with land uses established in
the immediate vicinity of the parcel proposed for
development;
b. The parcel proposed for development is separated from
any established residential uses by at least a class
C bufferyard; and
C. All outside storage areas are screened from adjacent
uses by a solid fence, wall or hedge of at least six
(6) feet in height."
PD90A
Section 9.5-252
Section 9.5-252, Monroe County Code, is hereby repealed in its entirety
and replaced with the following to read as follows:
(a) These districts provide classifications of property
for existing or future airports and regulate uses
within the boundaries of public and private airports,
and uses around, adjacent, and in the approach zones
of public, private, and military airports in order to:
(1) Establish the control of obstructions and
construction of structures affecting navigable
airspace in accordance with criteria delineated in
Volume XI, Part 77 in federal aviation regulations,
Florida Department of Transportation regulations, and
this section;
(2) Protect airports against encroachment, to implement
appropriate noise abatement strategies, and to
regulate development and reduce public exposure of
community activities which are not compatible with
airport operations;
29
Control uses within the public and priv irport
property boundaries.
(b) In order to carry out the provisions of this section,
there are hereby created and established a zone known
as Airport District (AD) for public and military
airports, and a zone known as Private Airport
District (PAD) for private airports. There are
hereby created and established overlay zones around
and adjacent to public, private and military airports
in Monroe County. Within the AD, PAD and overlay
zones, certain height limitations are specified to
prevent airspace obstruction, and the use limitations
apply. An area located in more than one zone
described herein is considered to be only in the zone
with the more restrictive limitations.
(c) Airport District (AD), Public and Military Airports:
(1) Within the property boundaries of public airports,
airport uses of less than 5,000 square feet of
enclosed area shall require a minor conditional
review. Airport uses of 5,000 square feet or more of
enclosed space shall require a major conditional
review. Within the overlay zones of public and
military airports, those uses permitted shall comply
with the height standards and the limitations set
forth in the horizontal, conical approach, and transi-
tional zones described in subsection (2) following.
(2) Public airport height zones and limitations for the
airport district and overlays:
a. Primary zone: The area longitudinally centered
on a runway, extending two hundred (200) feet
beyond each end of that runway with the width so
specified for each runway for the most precise
approach existing or planned for either end of
the runway. No structure will be permitted
within the primary zone nor part of the landing
and take -off area, that is a greater height than
the nearest point on the runway centerline. The
width of the primary zone for each runway is as
follows:
1. Key West International, runways 09/27; five
hundred (500) feet;
2. Marathon Airport, runways 07/25; five
hundred (500) feet.
b. Horizontal zone: The area encompassing the
runways, primary zone, approach zones and
transitional zone of each airport with the
boundary formed by swinging arcs of specified
radii from the center of each end of the primary
zone of each runway and connecting adjacent arcs
by lines tangent to those arcs. The radius
specified for each airport is as follows:
1. Key West International, ten thousand
(10,000) feet radius;
2. Marathon Airport, ten thousand (10,000)
feet radius.
No structure will be permitted in the horizontal
zone that is higher than one hundred fifty (150)
feet above the established airport elevation.
C. Conical zone: The area extending outward from
the periphery of the horizontal zone for a
distance of four thousand (4,000) feet. Height
limitations for structures in the conical zone
are one hundred fifty (150) feet above airport
30
elevation at the inner boundary, wit mitted
height increasing one (1) foot vertically for
every twenty (20) feet of horizontal distance
measured outward from the inner boundary to a
height of three hundred fifty (350) feet above
airport elevation at the outer boundary.
d. Approach zone: The area longitudinally centered
on the extended runway centerline and proceeding
outward from each end of the the primary surface
for a specified distance as follows:
1. Key West International, runway 9, ten
thousand (10,000) feet and runway 27, ten
thousand (10,000) feet;
2. Marathon Airport, runway 07, ten thousand
(10,000) feet and runway 25, five thousand
(5,000) feet.
The width of the approach zone is the same at
the inner boundary as the primary zone it
adjoins and expands uniformly to a width at the
outer boundary as follows:
3. Key West International: runway 9, three
thousand five hundred (3,500) feet and
runway 27, three thousand five hundred
(3,500) feet;
4. Marathon Airport, runway 7, three thousand
five hundred (3,500) feet and runway 25,
one thousand five hundred (1,500) feet.
Permitted height limitations within the
approach zones for runways 9/27 at Key West
International and runways 7/25 at Marathon
Airport are the same as the height of the runway
end at the inner boundary and increase at the
rate of one foot (1) vertically for every
thirty-four (34) feet horizontal distance.
e. Transitional zone: The area extending outward
from the sides of the primary zones and approach
zones connecting them to the horizontal zone.
Height limits within the transitional zone are
the same as the primary zone or approach zone at
the boundary line where it adjoins and increases
at a rate of one (1) foot vertically for every
seven (7) feet horizontally, with the horizontal
distance measured at right angles to the runway
centerline and extended centerline, until the
height matches the height of the horizontal
zone, which forms the outer boundary.
f. Clear zone: The area extending one thousand
seven hundred (1,700) feet from each end of a
primary surface in a trapezoidal shape with a
width of five hundred (500) feet at the primary
surface expanding to a width of one thousand ten
(1,010) feet at a slope of thirty-four (34) feet
to one (1) foot.
g. Other zones: In addition to the height
limitations imposed in sub -paragraphs a through
e of this subsection, no structure will be
permitted that exceeds five hundred (500) feet
above airport elevation within:
1. Ten (10) nautical miles of Key West
International Airport;
2. Ten (10) nautical miles of Marathon Airport;
and no structure will be permitted within Monroe
County that would cause a minimum obstruction
31
clearance altitude, a minimum desce titude
or a decision height to be raised.
h. Any future public airport shall comply with the
height zones and limitations established by the
Federal Aviation Administration and Florida
Department of Transportation regulations and
standards.
i. Restrictions for public airports: Within the
boundaries of the overlay zones of public
airports, the following restrictions on uses
shall apply:
1. No development approval or building permit shall
be granted for the construction of any structure
to be located within the clear zone;
2. No use that is especially sensitive to noise or
would result in gathering together large crowds
of people shall be made of land;
3. No establishments or
or dust in quantities
jeopardize the safe c
allowed.
uses that emit smoke, gas
or densities sufficient to
,e of the airport shall be
(3) NAS Key West height zones and limitations:
a. Primary zone: The area longitudinally centered on
each runway with the same length as the runway and is
two thousand (2,000) feet wide. No structure that is
not a part of the landing and take -off area is
permitted in the primary zone that is of greater
height than the nearest point on to the runway.
b. Clear zone: The area extending one thousand (1,000)
feet off each end of a primary surface and is the
same width as the primary surface. No structure not
a part of the landing and take -off area is permitted
that is a greater height than the end of the runway.
C. Inner horizontal zone: . The area extending outward
from the periphery of the primary zone with an outer
perimeter formed by swinging arcs of seven thousand
five hundred (7,500) feet radius about the center
line at the end of each primary zone and connecting
adjacent arcs by lines tangent to these arcs. No
structure will be permitted in the inner horizontal
zone of greater height than one hundred fifty-six
(156) feet MSL.
d. Conical zone: The area extending outward from the
periphery of the inner horizontal zone for a distance
of seven thousand (7,000) feet. Height limits in the
conical zone commence at one hundred fifty-six (156)
feet MSL at the inner boundary where it adjoins the
inner horizontal zone and increases in permitted
height at a rate of one (1) foot vertically for every
twenty (20) feet of horizontal distance measured
outward from the inner boundary to a height of five
hundred six (506) feet MSL at the outer boundary.
e. Outer horizontal zone: The area extending outward
from the outer periphery of the conical zone for a
distance of thirty thousand (30,000) feet. The
height limit with in the outer horizontal zone is
five hundred six (506) MSL.
f. Approach zone: The area longitudinally centered on
each runway extended centerline, with an inner
boundary two hundred (200) feet out from the end of
the runway and the same width as the primary zone,
then extending outward for a distance of fifty
thousand (50,000) feet, expanding uniformly in width
to sixteen thousand (16,000) at the outer boundary.
32
Height limits within the approach zones nce at
the height of the runway end and increase at the
rate of one (1) foot vertically for every fifty (50)
feet horizontally for a distance of twenty-five
thousand (25,000) feet, at which point it remains
level at five hundred six (506) feet MSL to the outer
boundary.
g. Transitional zone: The area within an inner boundary
formed by the side of the primary zones, the first
two hundred (200) feet of the clear zones and the
approach zones, then extending outward at right
angles to the runway centerline and extended
centerline until the height matches the adjoining
inner horizontal zone, conical zone, and outer
horizontal zone height limit. The height limit at
the inner boundary is the same as the height of the
adjoining zone and increases at the rate of one (1)
foot vertically for every seven (7) feet horizontally
to the outer boundary of the transitional zone, where
it again matches the height of the adjoining zone.
h. Restrictions for military airports: Privately -owned
property adjacent to the Naval Air Station, Boca
Chica, also know as NAS Key West, shall be developed
in accordance with the map prepared by the U.S. Navy
known as Figure A or as updated by the U.S. Navy.
This map was prepared in conjunction with the United
States Navy's Air Installation Compatible Use Zone
Study (AICUZ). A true copy of Figure A is attached
hereto and made a part of this sub -section.
1. The land use objectives set forth in figure A
and the accompanying land use objective matrix
set forth in figure B were determined by
evaluating the airport operations at NAS Key
West, in terms of composite noise rating (CNR)
zones and accident potential zones (APZ). A
copy of Figure B is attached hereto and made a
part of this sub -section:
2. The land use objective shown in Figure A and
Figure B shall be used in determining the
allowable land uses for the various AICUZ. Each
land use category was evaluated in terms of
compatibility for each land use in terms of
density of population, density of structures,
explosion hazards, air pollution height
obstructions, accident potential zones, and
composite noise rating zones. The evaluation
resulted in ratings of:
i. No new development;
ii. Restricted new development; and
iii. No restrictions.
3. Land use categories were rated as "restricted
new development" if any activity or activities
within the category were classified as
incompatible. The various AICUZ are coded as
follows:
i. Accident potential zone A (APZ-A), the most
critical accident potential zone;
ii B3: Accident Potential Zone B (APZ-B)", the
area which has an identifiable accident
potential but less that APZ-A;
iii B2: Accident Potential Zone C (APZ-C), the
area which is less critical than APZ-C but
still may possess potential for accidents:
high noise impact, CNR zone 3;
33
iv C2: Accident Potential Zone C, derate
Noise Impact, CNR Zone 2;
v Cl: Accident Potential Zone C, Low Noise
Impact, CNR Zone 1;
vi 3: High Noise Impact, CNR Zone 3;
vii 2: No Accident Potential Zone, Moderate
noise Impact, CNR Zone 2.
(d) Private Airport District (PAD) Private Airport:
(1) Within the property boundary of the private airport,
the following used are permitted as -of -right:
noncommercial aircraft landing, take -off, storage,
repair, maintenance and fueling. Commercial aircraft
operations including FBO activities, may be permitted
by means of a major conditional use permit. Uses
within the overlay zones must comply with the height
standards and the limitation set forth in 9.5-252(2),
subsections b 1 and 2.
(2) Private airport height zones and limitations for
airport district and overlays:
a. Private airport landing strip minimum lengths
and widths:
1. Effective landing length shall be no less
than eighteen hundred (1800) feet;
2. Primary surface width shall be no less than
one hundred (100) feet; and
3. Usable width shall be no less than fifty
(50) feet.
b. Private airport minimum landing approach zones:
1. The landing approach zone for private
airports is a trapezoidal area increasing
gradually in width from fifty (50) feet to
either side of the runway centerline, at
the ends of each usable runway, to a width
of three hundred fifty (350) feet to either
side of the runway centerline at a distance
of three thousand (3,000) feet outward from
the ends of each runway; and
2. Approach zones shall be clear of
obstruction above a glide path of 20:1 from
the ends of each usable runway. When the
approach zone to any runway crosses a road,
the glide path must pass at least fifteen
(15) feet above the edge of the nearest
traffic lane.
C. Restrictions - private airports
1. No establishments or uses shall be allowed,
that emit smoke, gas or dust in quantities
or densities sufficient to jeopardize the
safe use of private airports;
34
2. No development approval or bu: permit
shall be granted for the construction of
any structure to be located within a
private airport district or overlay zone
which when built would constitute an
airspace obstruction height that would
cause a minimum obstruction altitude, a
minimum descent altitude, or a decision
height to be changed or a threshold to be
displaced, or to interfere with the
required approach glide slope; and
3. No property owner within the private
airport district or overlay shall be
permitted to grow or maintain trees to
heights in excess of those provided herein
for structures.
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PD90B
Section 9.5-4(A- )-
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) AICUZ (air installations compatible use zones) means
a program to project the public safety, health and welfare
while forestalling degradation to the operational
capability of military air installations. The main intent
of the AICUZ is to ensure that development of surrounding
lands will be compatible with the noise levels and
accident potential associated with airport operations.
PD90C
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- )Aircraft means any motor vehicle or contrivance now
known, or hereafter invented, which is used or designed
36
navigation of or flight in the air, except rachute
or other contrivance designed for such navigation but used
primarily as safety equipment.
PD90D
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport means any area of land or water, or any
man-made object or facility located thereon, which is
used, or intended for use, for the landing and takeoff of
aircraft, and any appurtenant areas which are used, or
intended for use, for airport buildings or other airport
facilities or rights -of -way, together with all airport
building and facilities located thereon. For the purposes
of this chapter, airport shall also mean Key West
International, NAS Key West, Marathon Airport, Sugarloaf
Field, Tavernaero Airport Park, Inc., Summerland Key
Airport, Ocean Reef Airport or any other airport or
airfield to be constructed in Monroe County.
PD90E
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport elevation means the highest point of an
airport's useable landing area measured in feet above mean
sea level.
PD90F
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport hazard means any structure, object or
natural growth, or use of land which obstructs the
airspace required for the flight of aircraft in landing or
taking off at an airport or which is otherwise hazardous
to such landing or taking off.
PD90G
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airspace height means mean sea level elevation (MSL)
unless otherwise specified for the purpose of determining
the height limits in all zones set fourth in this section.
PD90H
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airspace obstruction height means the maximum
vertical elevation of the highest part of any object or
structure, including mechanical equipment, chimneys,
spires, steeples, radio or television antenna, flag poles,
solar apparatus, utility poles, and trees or landscaping
with respect to the nearest airport runway threshold
elevation for the purpose of determining airspace
obstruction height.
PD90I Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
37
Airport overlay zone means that zone w] ;xtends
uuove and beyond the immediate airport property boundaries
and is defined in this section for public, private and
military airports.
PD90J Section 9.5-4(A- )
Section 9.5-4(C), Monroe County Code, is hereby created to read as
follows:
(A- ) Control zone means the airspace extending upward
from the surface of the earth which may include one or
more airports and is normally a circular are of five (5)
statute miles in radius, with extensions where necessary
to include instrument approach and departure paths.
PD90K
Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
(D- ) Decision height means the height at which a decision
must be made, during instrument approach, to either
continue the approach or execute a missed approach.
PD90L
Section 9.5-4(I- )
Section 9.5-4(I- ), Monroe County Code, is hereby created to read as
follows:
(I- ) Instrument runway means a runway and existing
instrument approach procedure utilizing air navigation
facilities or area -type navigation equipment, for which an
instrument approach procedures has been approved or
planned.
PD90M
Section 9.5-4(M- )
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
(M- ) Minimum descent altitude means the lowest altitude,
expressed in feet above mean sea level, to which descent
is authorized on final approach or during circle -to -land
maneuvering in execution of a standard instrument approach
procedure, where no electronic glide slope is provided.
PD90N
Section 9.5-4(M- )
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
(M) Minimum en route altitude means the altitude in effect
between radio fixes which assures acceptable navigational
signal coverage and meets obstruction clearance
requirements between those fixes.
PD900
Section 9.5-4(M- )
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
(M- ) Minimum obstruction clearance altitude means the
specified altitude in effect between radio fixes on VOR
airways, off -airway routes or route segments which meets
38
ruction clearance requirements for the e route
segment and which assures acceptable navigational signal
coverage only within twenty-two (22) miles of a VOR.
PD90P
Section 9.5-4(P- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
(P- ) Private airport means an area use for landing and
take -off of aircraft is either publicly or privately
owned, and which is used primarily by the license but
which is available for use by invitation of the license.
Services may be provided if authorized by the Florida
Department of Transportation. For purposes of this
chapter, private airport shall mean Sugarloaf Airport,
Tavernaero Airport Park, Inc., Summerland Key Airport,
Ocean Reef Airport or other airport or airfield to be
constructed in Monroe County that meets these requirements.
PD90Q
Section 9.5-4(P- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
(P- ) Public airport means an area used for landing and
take -off of aircraft; is either publicly or privately
owned, and which meets minimum safety and service
standards and is open for use by the public. For purposes
of this chapter, public airport shall mean Key West
International, Marathon Airport or other public airport or
airfield to be constructed in Monroe County that meets
these requirements.
PD90R
Section 9.5-4(P-13- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
(P- ) Public airport uses means fixed and rotary wing
aircraft operations together with retail sales and service
operations related to public or general aviation,
including aircraft sales, repair and storage, commercial
shipping and storage, restaurants designed to serve
aviation passengers and other public uses.
PD90S
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
(R- ) Runway means a defined area on an airport prepared
for landing and take -off of aircraft along its length.
PD90T
Section 9.5-4(V- )
Section 9.5-4(V- ), Monroe County Code, is hereby created to read as
follows:
(V-1) Visual runway means a defined area for landing and
take -off of aircraft that is intended solely for the
operation of aircraft using visual approach procedures,
with no straighten instrument approach procedure and no
instrument designation indicated on a FAA -approved airport
layout plan, a military services -approved military airport
layout plan, or by any planning document submitted to the
FAA by competent authority.
Qj
`+
Section 9.5-262
Section 9.5-262, Monroe County Code is hereby created to clarify density
for URM and URML
Section 9.5-262 Maximum Residential Density and District Open Space
Land Use
District and Use
Allocated
Density
(dwelling units/
gross acre)
Maximum Net
Density
(dwelling units/net
buildable acre)
O.S.R. (1)
URBAN COMMERCIAL
6.0
12.0
0.2
URBAN RESIDENTIAL
6.0
12.0
0.2
URBAN RESIDENTIAL-MOBILEHOME
1/lot
1/lot
0.2 **
URBAN RESIDENTIAL MOBILEHOME-
LIMITED
1/lot
1/lot
0.2 **
SUBURBAN COMMERCIAL
3.0
6.0
0.0
SUBURBAN RESIDENTIAL
1.0
10.0
0.5
SUBURBAN RESIDENTIAL -LTD
1.0
3.0
0.0
SPARSELY SETTLED
0.5
6.0
0.8
NATIVE
Mangroves
0.0
0.0
1.0
Freshwater Wetlands
0.2
0.0
1.0
Transitional Habitats
0.3
5.0
0.85
Scarified/Disturbed
0.5
5.0
0.6
Hammocks
0.5
5.0
0.8
Beach/Berm
0.5
5.0
0.9
Pinelands
0.5
5.0
0.8
MAINLAND NATIVE
0.01
1.0
0.99
OFFSHORE ISLAND
0.1
2.0
0.95
IMPROVED SUBDIVISION
See
Section 9.303
COMMERCIAL FISHING
3.0
12.0
0.2
DESTINATION RESORT
1.0
18.0
0.2
LIGHT INDUSTRY
6.0
12.0
0.0
MARITIME INDUSTRY
6.0
12.0
0.0
MIXED USE
1.0
12.0
0.2
MILITARY FACILITIES
6.0
12.0
0.2
PARKS AND REFUGE DISTRICT
0.5
5.0
0.9
* See additional open space
ratios in
division 8 of this
article; in accordance
with section 9-5.3(a) the
most restrictive of these ratios applies.
** See section 9.5-264.
PD97A
Section 9.5-263
Section 9.5-263, Monroe County Code, is hereby created to add as a final
paragraph the following:
Notwithstanding any other section of this chapter including Section
9.5-263(a)-(d), each owner of a lot in an Improved Subdivision
district or Commercial Fishing Village district shall be entitled
to a transferable development right equivalent to one single-family
dwelling per lot regardless of the fact that other sections of the
chapter may prevent the utilization of such on the lot to which it
is assigned. This excludes wetland lots and is contingent upon
identifying improved subdivisions eligible for relief under this
proposed amendment. To be eligible for such density credit, the
land must have been zoned by act of the Monroe County Commissioners
not later than December 31, 1988.
PD98
Section 9.5-263
Section 9.5-263, Monroe County Code, is hereby amended to read as follows:
"Sec. 9.5-263. Improved Subdivision and Commercial
40
'c. 9.5-263. Improved Subdivision and Commerc
rishing VillageDistrict Densities.
Notwithstanding the density limitations of Section 9.5-262, the
owner of a lot in an Improved Subdivision District or Commercial
Fishing Village District shall be entitled to develop a single
family detached dwelling on the lot, provided that:
(a) The lot has sufficient land area and dimensions to meet the
requirements of Chapter 1OD-6, Florida Adminstrative Code for
the installation of on -site wastewater treatment systems;
(b) The lot was a lawful buildable lot eligible for a building
permit on the effective date of these regulations and;
(c) The development of a single-family detached dwelling on the
lot conforms to each and every other requirement of this plan."
PD98A
Section 9.5-264
Section 9.5-264, Monroe County Code, is hereby amended to read as follows:
Density.
Sec. 9.5-264. Urban Residential Mobile Home District
Notwithstanding the density limitations of section 9.5-262, the
owner of a lot in an Urban Residential Mobile Home District shall
be entitled to develop a single-family detached dwelling on the
lot, provided that:
a. The lot has sufficient land area and dimensions to meet the
requirements of Chapter 1OD-6, Florida Administrative Code, for the
installation of on -site wastewater treatment systems;
b. The development of a single-family detached dwelling on the lot
conforms to each and every other requirement of this plan; and
c. The lot was a lawful buildable lot eligible for a building
permit on the effective date of these regulations.
PD99 Section 9.5-270
Section 9.5-270, Monroe County Code, is hereby created to read as
follows:
Sec. 9.5-270. Urban Residential Mobile Home -Limited
District density.
Notwithstanding the density limitations of section 9.5-262, the
owner of a lot in an Urban Residential Mobile Home District shall
be entitled to develop a dwelling unit on the lot, provided that:
(a) The lot has sufficient land area and dimensions to meet the
requirements of Chapter 1OD-6, Florida Administrative Code, for the
installation of on -site wastewater treatment systems;
(b) The development of a dwelling unit on the lot conforms to each
and every other requirement of the plan; and
(c) The lot was a lawful buildable lot eligible for a building
permit on the effective date of this chapter.
PD102
Section 9.5-265
Section 1. Section 9.5-265, Monroe County Code, is hereby amended to read as
follows:
41
"Section 9.5-265 Lsferable development rights.
(a). General: All residential and hotel -motel development rights (TDRs) allocated
or established in sections 9.5-262 and 9.5-267 shall be transferable in whole or
in part from one parcel of land to any other, including the transfer of residen-
tial rights to hotel rooms, provided that:
(1)-The development of the receiver site is approved as part of a conditional use
approval.
(2).The development of the receiver site shall not exceed the maximum net densi-
ties set out in sections 9.5-262, 9.5-263, and 9.5-267, except that when density
is transferred from the Big Pine Key, North Key Largo, and Ohio Key Areas of Coun-
ty Critical Concern (ACCC)to areas outside their boundaries, a density bonus at
the ratio of two (2) density rights for each one (1) density right transferred
shall be given when it is demonstrated to the satisfaction of the planning direc-
tor, that:
a. The transfer parcel contains at least fifty percent (50%) of one or more
of the habitats listed as (1) through (6) of section 9.5-345(a);
b. The receiver site complies with restrictions set forth in subsection
(a)(3), below;
C. The net maximum net density of the ACCC as a whole is not exceeded; and
d. The receiver site has a sensitivity as shown in section 9.5-345(a),
"Clustering," which is less than the sensitivity of the parcel from
which the TDR is severed.
(3). The allocated density of the receiver site is greater than or equal to the
allocated density of the parcel from which the TDR is severed;
(4). Upon recommendation of the planning director and public hearing by the Monroe
County Planning Commission, the Monroe County Board of County Commissioners
may assign the responsibilities for -carrying out Section 9.5-265(b)(1),(2),
and (3) to the Monroe County Land Authority, provided that specific lawful
procedures are developed and adopted by the board which meet the following
objectives:
a. To allow the land authority to act as a broker/agent for banking TDR's
for sale or other legal transfer, and/or
b. to allow the land authority to act as a coordinator for all TDR's in the
county, retaining diverse information as to availability to TDR's.
(b). Procedure:
All transfers of development right shall occur as follows:
(1). An affidavit in recordable form shall be completed by the applicant stating
the number of transferable development rights available from the proposed
transferor parcel. The affidavit shall be recorded in the official records
of Monroe County prior to the transfer of any development rights.
(2). The affidavit shall contain at a minimum the following information:
a. The legal description and parcel number of the transferor parcel;
b. The name and address of the legal owner of record;
C. The date of acquisition by the owner.
(3). A copy of the affidavit shall be provided to the Monroe County Property Ap-
praiser's office at the time of issuance.
(4). All transfers of development rights shall be in the form of a warranty deed
or its functional equivalent. No building permit may be issued on the basis
of a transferred development right until the warranty deed or its functional
equivalent has been recorded. In the event the owner of a transferor parcel
has warranty deeded the same development right to more than one innocent
purchaser for value, then a building permit based on such transferred develop-
ment right may only be issued to the innocent purchaser for value whose war-
ranty deedbears the earliest date of recordation in the official records of
Monroe County.
The warranty deed or its functional equivalent shall contain in addition to
other information required by state and local law, the following minimum
information:
42
a. The 'l description and parcel number of the trans site;
b. The iegal description and parcel number of the receiver site; and
C. The actual consideration paid to and received by the seller of the trans-
ferred development right.
(5). A copy of the warranty deed or its functional equivalent shall be provided to
the Monroe County Property Appraiser's office at the time of recording of the
warranty deed or its functional equivalent in the official records of Monroe
County.
(6). The county shall, as soon as possible after the effective date of this sec-
tion, enter into an inter -local agreement with the Monroe County Clerk of the
Court's office for the timely notification to the planning director and the
Monroe County Property Appraiser's office of all transferred development
right warranty deed recordations. The planning director is also authorized
to maintain a parcel -by -parcel list showing which properties have received
transferred development rights and which properties have transferred such
rights. This list shall be for the administrative convenience of the planning
director only and, in the event of a conflict between the list and the offi-
cial records of Monroe County the official records shall prevail.
(7). The planning director is directed to meet with the county clerk, the state
and local bar associations, and the state real estate commission to refine
the technical procedures for administration of this section upon approval of
the Monroe County Board of County Commissioners.
(8). Failure to record the transfer as provided herein shall render the transfer
invalid.
(c). Effect of Transferred Development Rights on Transferor Parcels:
(1). Each transferred development right shall reduce all, not just residential or
hotel/camping uses, types of development rights available for the transferor
parcel by the percentage that the transferred development right represents of
the total development rights available to the parcel on the date of trans-
fer. The percentage shall not in any way be affected by any subsequent land
use district map change or any other development order having the effect of
increasing the transferor's land use intensity and such percentage shall
continue to serve to reduce the subsequent land use intensity increase by
such amount. No building permit shall, at any time thereafter, be issued for
such a transferor parcel which would permit development on such parcel to
exceed the development rights available at the time the percentage reduction
occurred."
43
PD106
Section 9.5-267
Section 9.5-267, Monroe County Code, is hereby created to read as
follows:
Section 9.5-267 Maximum Hotel -Motel, Recreational Vehicle and
Institutional Residential Densities.
Maximum Net
Allocated Density
Land Use Density (rooms/buildable
District and Use (rooms/acre) arcre) O.S.R
URBAN COMMERCIAL
Hotel 15.0*
Inst. Res. 15.0
Rec. Rental 15.0*
URBAN RESIDENTIAL
Inst. Res. 10.0
URBAN RESIDENTIAL -MOBILE HOME
Rec. Rental 5.0
URBAN RESIDENTIAL -MOBILE HOME
24.0 0.2
24.0 0.2
15.0* 0.2
20.0 0.2
7.0 0.2
44
kec. Rej 15.0
7.0 0.2
SUBURBAN COMMERCIAL
Hotel
15.0
20.0
Inst. Res.
5.0*
20.0
Rec. Rental
15.0*
15.0*
SUBURBAN RESIDENTIAL
Inst. Res.
3.0
6.0
Hotel
5.0
20.0
Rec. Rental
5.0*
15.0*
SPARSELY SETTLED
Campgrounds
5.0**
15.0**
OFFSHORE ISLANDS
Campgrounds
2.0
10.0***
DESTINATION RESORT
Hotel
15.0
30.0
RV
Hotel
15.0
15.0
Rec. Rental
15.0
15.0*
MIXED USE
Hotel
15.0
20.0
Inst. Res.
5.0
20.0
Rec. Rental
10.0*
15.0*
Inst.
5.0
20.0
MARITIME INDUSTRIES
Hotel
15.0
20.0
MILITARY FACILITIES
Inst. Res.
10.0
20.0
PARK AND REFUGE
Hotels
5.0
20.0
*Recreational vehicle
or campground spaces
per acre
**Campground spaces per
acre
0.0
0.0
0.0
0.5
0.5
0.5
0.8
0.9
0.2
0.2
0.2
0.2
0.0
0.2
0.9
PD107 Section 9.5-268
Section 9.5-268, Monroe County Code, is hereby amended to read as
follows:
Existing Residential Dwellings. Notwithstanding the
provisions of sections 9.5-262 and 9.5-263, the owners of
land upon which a dwelling unit or mobile home used as a
principle residence prior to the effective date of the
plan was lawful on the effective date of this chapter
shall be entitled to a density allocation of one (1)
dwelling unit for each such unit in existence on the
effective date of this chapter. Such entitlement shall
allow the owner of said property and holder of the
allocated unit to reconstruct the unit on the site from
whence it came should such unit be destroyed. In no case
shall the owner of a lot in the URM-L district be allowed
to reconstruct should that dwelling unit be destroyed or
need replacement.
PD108 Section 9.5-269
Section 9.5-269, Monroe County Code, is hereby amended to read as
follows:
Section 9.5-269 Maximum Non Residential Land Use Intensities
45
Land Use Maximum
District and Use Floor Area Ratio O.S.R.(2)
URBAN COMMERCIAL
Commercial
Retail
Intensity 0.45
Medium Intensity
0.40
High Intensity
0.35
Offices
0.45
Commercial Recreation
0.15
Institutional
0.40
Outdoor Recreational
0.15
Public Buildings and Uses
0.35
URBAN RESIDENTIAL
Institutional
0.30
Public Buildings or Uses
0.30
URBAN RESIDENTIAL -MOBILE HOME
Commercial Retail
Low Intensity
(3)
Medium Intensity
(3)
Offices
(3)
SUBURBAN COMMERCIAL
Commercial Retail
Low Intensity
0.35
Medium Intensity
0.25
High Intensity
0.15
Offices
0.40
Commercial Recreational
0.10
Institutional
0.30
Outdoor Recreational
0.10
Public Buildings and Uses
0.30
Light Industry
0.30
SUBURBAN RESIDENTIAL
Commercial Retail
Low Intensity
(3)
Medium Intensity
(3)
Offices
(3)
Public Buildings and Uses
0.25
Institutional
0.25
SPARSELY SETTLED
Public Buildings and Uses
0.20
NATIVE AREA
Public Buildings and Uses
0.20
MAINLAND NATIVE AREA
Educational and Research Centers (3)
IMPROVED SUBDIVISION Commercial
Retail
Low Intensity
3)
Medium Intensity
3)
Offices
DESTINATION RESORT
Commercial Retail
(3)
RECREATIONAL VEHICLE
Commercial Retail
(3)
COMMERCIAL FISHING AREA
Commercial Fishing
0.50
Light Industrial
0.40
Commercial Retail, Low
and Medium Intensity
0.40
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.2
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.5
0.5
0.5
0.5
0.5
0.6
0.6
25
0.2
(2)
0.2
0.2
0.2
Low
46
COMMERCIAL F 13 VILLAGE
Commercial Fishing 0.40 0.2
COMMERCIAL FISHING SPECIAL DISTRICT (ALL)
Commercial Retail
Low Intensity 0.35 0.2
Medium Intensity 0.25 0.2
Commercial Fishing 0.40 0.2
Light Industry 0.30 0.2
INDUSTRIAL
Light Industry
0.40
0.0
Heavy Industry
0.25
0.0
Public Buildings and Uses
0.50
0.0
Restaurants
0.30
0.0
Offices
0.40
0.0
Commercial Fishing
0.40
0.0
MIXED USES
Commercial Retail
Low Intensity
0.35
0.2
Medium Intensity
0.25
0.2
High Intensity
0.15
0.2
Offices
0.40
0.2
Outdoor.Recreation
0.10
0.2
Commercial Recreation
0.10
0.2
Commercial Fishing
0.40
0.2
Institutional
0.30
0.2
Public Buildings and Uses
0.30
0.2
Light Industry
0.30
0.2
Heavy Industry
MARITIME INDUSTRIES
Commercial Retail
Low Intensity
0.35
0.0
Medium Intensity
0.30
0.0
Offices
0.40
0.0
Public Buildings and Uses
0.50
0.0
Commercial Fishing
0.60
0.0
Light Industrial
0.45
0.0
Heavy Industrial
0.35
0.0
MILITARY FACILITIES
Military Uses
0.50
0.2
Commercial Retail
Low Intensity
0.35
0.2
Medium Intensity
0.30
0.2
Offices
0.40
0.2
Public Buildings and Uses
0.30
0.2
AIRPORT
Airport Uses 0.10 (2)
PARKS AND REFUGE
Public Buildings and Uses 0.20 0.9
1. See additional open space ratios in division 8 in accordance with
section 9.5-3(a), the most restrictive of these ratio applies.
2. None Given
3. Where commercial uses are allowed as permitted uses, and no FAR is
given, the maximum area per lot stated in division 2, permitted uses,
shall prevail.
PD111
Section 9.5-281
Section 9.5-281, Monroe County Code, is hereby amended to read as
follows:
Section 9.5-281 MINIMUM YARDS
47
Except 3vided in sections 9.5-266 of division 3 an -282 of
this division, no structure or land shall be developed, used or occupied
except in accordance with the bulk regulations set out in the following
table. Side yards indicated set forth the minimum single yard and the
total side yards required. The first number is the minimum for any
single side yard where only one (1) side yard exists; where there are
two (2) side yards, the first number is the required side yard for one
(1) of the two (2) side yards. The second number is the minimum
combined total of both side yards (where there are two (2) side yards).
LAND USE DISTRICT FRONT YARD SIDE YARD REAR YARD
LAND USE (Feet) (Feet) (Feet)
Urban Commercial
15
10/15
10
Urban Residential
Attached Residential
15
10/15
10
Detached Residential
15
10/15
10
Urban Residential -Mobile
Home
Detached Residential
10*
10/20*
10*
Mobile Homes
10*
10/20*
10*
Urban Residential Mobile
Home
Limited
10*
10/20*
10*
Suburban Commercial:
Hotel
25
10/15
10
Other
25
10/15
10
Suburban Residential and
Suburban
Residential Limited:
Detached Residential
25
10/15
10
Attached Residential
-
-
-
Other
25
10/15
10
Sparsely Settled:
Detached Residential
25
10/15
15
Attached Residential
25
N/A
15
Other
25
10/15
10
Offshore
25
10/15
20
Native
25
10/15
20
Mainland Native
25
10/15
20
Improved Subdivisions
25
10/15
20
Destination Resort
50
20/35
30
Commercial Fishing (all
districts):
Detached Residential
25
10/15
20
Attached Residential
25
-
20
Other
25
10/15
20
Mixed Use:
Detached Residential
25
10/15
20
Attached Residential
25
N/A
20
Other
15
10/15
10
Light Industry
25
10/15
25
Maritime Industry
25
10/15
25
Military Area
10
5/20
20
Airport
200
200
200
Park and Refuge
50
50
50
*Applies to new construction only.
PD112
Section 9.5-(I1-3)
Section 9.5-(H-3), Monroe County Code, is hereby amended to read as
48
follows:
Height means the vertical distance between the average
natural grade measured five (5) feet from any exterior
wall of the structure and the average of the highest roofs
of the structure, including mechanical equipment, but
excluding chimneys, spires and steeples on structures
utilized for institutional and public uses only, radio or
television antenna, flagpoles, solar apparatus, and
utility poles.
PD113
Section 9.5-283
Section 9.5-283, Monroe County Code, is hereby amended to read as
follows:
Maximum Height
No structure or building shall be developed that exceeds a
maximum height of thirty five (35) feet or not more than
three (3) stories not to exceed forty four (44) feet above
existing grade. Notwithstanding the provisions of this
section, any hotel or affordable housing unit may be
developed to a height of three (3) stories over parking or
a maximum of forty four (44) feet, whichever is lower,
measured from grade level, if constructed. to meet wind
loan resistances of one hundred fifty (150) miles per hour
and a binding commitment is signed that such facilities
will be used as hurricane shelters in accordance with
specifications of the Monroe County Department of Civil
Defense. Such facilities shall be available to the
public -at -large when designated a shelter as a result of
an officially declared state of emergency. Affordable
housing structures exceeding thirty-five (35) feet in
height must be allocated proportionally to low- and
moderate- income households according to identified
demand.
PD117 Section 9.5-292
Section 9.5-292, Monroe County Code, is hereby amended to read as
follows:
Adequate facilities and allocation of development rights.
(a) Adequate Facilities. After February 28, 1988, all
development or land shall be served by adequate public
facilities in accordance with the following standards:
(1) Roads:
49
IU.S.1 and County Road 905 within three (3) 3 of a
parcel proposed for development shall have sufficient
available capacity to operate at level of service D as
measured on an annual average daily traffic (AADT)
basisat all intersections and/or roadway segments;
b. All secondary roads to which traffic entering or
leaving the development or use will have direct access
shall have sufficient available capacity to operate at
level of service D as measured on an annual average daily
traffic (AADT) basis.
c. All bridges along U.S.1 within 6 miles of the parcel
proposed for development shall have sufficient available
capacity to operate at level of service D as measured on
an annual average daily traffic (AADT) basis. (continue
rest of text of this section as is)
PD119
Section 9.5-292(b)(4)
Section 9.5-292(b), Monroe County Code, is hereby amended to read as
follows:
(4) Ratification of the annual service capacity report:
No later than March 1 of each year, the board of county
commissioners shall consider and approve or approve with
modifications the annual assessment of public facilities
capacity. In the event the board acts to increase the
development capacity of any service area, the board shall
make specific findings of fact as to the reasons for the
increase, including the source of funds to be used to pay
for the additional capacity required to serve additional
development to be permitted during the next twelve (12)
month period.
PD119A Section 9.5-292(d)
Section 9.5-292(d), Monroe County Code, is hereby amended to read as
follows:
Each application that fails to receive an allocation of
development capacity shall automatically be considered
during the next allocation period; however, the value of
his or her rank shall be increased by thirty-three (33)
percent for each allocation period the applicant has
failed to receive an allocation of development capacity.
(Ord. No. 33-1986, Section 9-502; Ord. No. 40-1987 Section
86)
PD12OA Section 9.5-273
Section 9.5-273 Stormwater Management, Monroe County Code, is hereby
created to read as follows:
(a) Intent:
It is the intent to establish guidelines and criteria
for the safe management and disposal of stormwater
runoff from developed areas which will minimize or
eliminate any resultant adverse impacts on the
surface water, ground water, and other natural
resources of Monroe County. These procedure are
intended to assist in protection the vital water
resources of the Florida Keys including the reservoir
of freshwater on Big Pine Key and the nearshore
waters of both Florida Bay and the Atlantic Ocean.
50
(b) isdiction:
The area subject shall be the unincorporated sections
of Monroe County; however, because stormwater does
not follow political boundaries, municipalities
should, within 12 months of the effective date of
this section, adopt and implement stormwater
management ordinances reflective of the conditions in
their corporate jurisdictions. These ordinances
should be in compliance with the Monroe County
Stormwater Management regulations.
(c) Applicability:
All applications for a Monroe County building permit
will be required to contain a stormwater management
plan with the following exceptions:
(1) Single family and duplex homes, provided that
Best Management Practices (BMPs) as determined
by the planning director or his designee, are
used. The Manual of Stormwater Management
Practices, which is compiled pursuant to section
10 of this regulation will provide information
regarding acceptable forms of BMPs.
(2) Those developments, which because of size or
other criteria, are required to obtain a general
or individual surface water management permit
from the South Florida Water Management
District, including state, county, and city
roadway improvement projects.
(3) Maintenance work on existing mosquito drainage
structures for public health and welfare
purposes, provided that the activities do not
increase peak discharge rate or pollution load.
(4) Maintenance, alteration or improvement of an
existing structure of site which will not change
the designed peak discharge rate, volume
pollution load of stormwater runoff from the
site on which that structure is located.
Placement of a new structure, (as defined in
paragraph 6) which does not change the designed
peak discharge rate, volume, or pollution load
of stormwater runoff from the site, is also
exempt.
(5) Any development within an improved subdivision
previous to the effective date of this section.
(6) Emergencies requiring immediate action to
prevent material harm or danger to persons when
obtaining a permit is impractical and would
cause undue hardship in protection of property
from fire, violent storms, hurricanes, or other
hazards. A report of the emergency action shall
be made to the county administrator as soon as
practicable.
(7) Single family and duplex homes built on
individual lots which are part of a larger
subdivision, provided a stormwater management
system, approved by the planning department, is
in place.
(d) General Criteria:
(1) Water Management Areas
Such areas shall be legally reserved to and
maintained by the operational entity and be
dedicated on the plat, deed restrictions, or
easements. Any change in the use of the property
51
must comply with this regulation an other
requirements of the Florida Keys Comp-Lenensive
Plan and the Monroe County Code. Stormwater
management areas shall be connected to a public
road or other location from which operation and
maintenance access is legally and physically
available to the operational entity.
(2) Environmental Impacts
All surface water management plans will be
reviewed by the staff to evaluate anticipated
impacts of the proposed work on the environment
of Monroe County. The following environmental
features will be used by the staff in evaluating
impacts:
a. Wetlands and isolated wetlands;
b. Waterbodies;
C. Intermittent (seasonally wet) ponds;
d. Mixed upland and wetland systems;
e. Pinelands;
f. Dunes/beach berms;
g. Hammock areas;
h. Uplands areas;
i. Preferred habitat of rare and endangered
plant and animal species.
(3) Legal Operational Entity Requirements
An acceptable, responsible entity which agrees
to operate and maintain the surface water
management system will be identified in the
building permit application. The entity must be
provided with sufficient ownership so that it
has control over all water management facilities
authorized. The following entities are
acceptable:
a. Governmental agencies, or
b. Non-profit corporations, including
homeowners associations, property owners
associations, condominium owners
associations or master associations, or
C. The property owner as permittee, or his
successors, if the property is wholly -owned
by said permittee and is intended to be so
retained.
The entity must provide legally binding written
documentation that it will accept the operation and
maintenance of all surface water management systems
prior to approval.
(4) Water Quality Considerations
All new surface water management systems will be
evaluated based on the ability of the system to
prevent degradation of receiving waters and the
ability to conform to state water quality
standards established in chapter 17-3, F.A.C.
Developments which plan to utilize Outstanding
Florida Waters for discharge of stormwater will
be given more detailed evaluation by the county
staff.
(5) Water Quantity Considerations
All new stormwater management systems will be
evaluated on the ability of the system to
prevent flooding of on -site structures, adjacent
properties, roads, and road right-of-ways based
upon antecedent rainfall
conditions.
52
(e) Technical Criteria:
(1) Water Quantity
a. Discharge:
Off -site discharge is limited to amounts
which will not cause adverse off -site
impacts. These amounts are:
(i) Historic discharges based on natural
site drainage patterns, or
(ii) Amounts determined in previous South
Florida Water Management District or
Monroe County permit actions.
b. Drainage and Flood Protection Criteria:
If it is determined that flooding will
occur off -site because of the proposed
project construction, the surface water
management system shall be designed using a
24 hour rainfall duration and 25-year
return frequency in computing allowable
off -site discharge rate. Flood protection
and floodplain encroachment standards shall
be those established in Monroe County Code,
section 9.5-293.
If post -development conditions are such
that a volume greater than the retention
and/or detention volume required for
stormwater management is already being
retained on -site, that condition will be
maintained.
(2) Water Quality
a. Projects shall be designed so that
discharges will meet state water quality
standards, as set forth in chapter 17-3,
F.A.C.
b. Retention/Detention Criteria:
These criteria are based on the principle
that the first flush of runoff contains the
majority of the pollutants. The volume
which needs to be retained or detained is
dependent on the method of stormwater
management and the land use.
(i) Retention and/or detention in the
overall system, including swales,
canals, greenways, and similar
waterways, shall be provided for one
of the three following criteria or
equivalent combinations thereof:
1. Wet detention volume shall be the
runoff generated by the first
inch of rainfall, or the total
runoff of 2.5 inches times the
percentage of imperviousness,
whichever is greater.
2. Dry detention volume shall be
equal to 75 percent of the volume
computed for wet detention.
3. Retention volume shall be
provided equal to 50 percent of
the above amounts computed for
wet detention. Retention volume
53
included in
flood section
calculations
requires a
demonstration
of guarantees of
long-term
operation and
maintenance of system bleed -down
ability.
This must normally
consist of proof of adequate soil
percolation
rates or an
operations
entity which
specifically
reserves funds for
operations,
maintenance and
replacement.
(ii) Commercial or industrial projects
shall provide at least one- half inch
of dry detention or retention
pretreatment as part of the required
retention/detention.
(iii)System with inlets in grassed areas
will be credited with up to 20% inch
of the required wet detention amount
for the contributing areas. Full
credit will be based on a ratio of
10:1 impervious area runoff to
previous area with proportional credit
granted for greater ratios. Grassed
area must be permanently protected
from vehicular use and structural
encroachment.
(iv) Projects having greater than 40%
impervious area which discharge
directly to sensitive receiving water
shall provide dry detention or
retention pretreatment equal to 50% of
the total required depending on the
arrangement of on -site facilities.
Sensitive receiving waters are defined
as:
1. Class I or Class II waters;
2. Class III, Outstanding Florida
Waters;
3. Canals connecting with these
waters.
(v) Water surfaces can be deducted from
site areas for water quality
pervious/impervious calculations.
(3) Master Drainage Plan for Subdivisions:
Projects to be subdivided for sale are required
to have installed by the permittee, as a
minimum, a stormwater management system which
provides for a master stormwater collection and
conveyance system to interconnect the
retention/detention system with the outfall,
with access points to the system available to
each individual lot or tract. The system shall
be sized to limit discharge under design
conditions to the allowable discharge.
Projects permitted in such a manner may require
deed restrictions which identify to lot or tract
purchasers the amount of additional on -site
stormwater management necessary to provide flood
protection for specific design events and any
additional retention/detention required for
water quality purposes.
(f) Construction Considerations
(1) Discharge Structures
a. All design discharges from the site
shall be made through and controlled
by structural discharge faci4ities.
Earth berms shall be used only to
54
disperse or collect sheet s from
or to ditches, swales, or other water
channels, served by discharge
structures.
b.
Discharge structures shall be
constructed so that they are
stationary.
C.
Discharge structures should include
gratings for safety and maintenance
purposes. Removal of trash is
mandatory if the stormwater management
system discharges into surface waters
and/or Outstanding Florida Waters.
d.
Discharge structures shall include
systems which would allow discharge
from other than the top or the bottom
of the water column and shall include
a cleanable jump area for the sediment
removal. Discharge structures from
areas with greater than 50 percent
impervious area or from systems with
inlets in paved areas shall include a
baffle, skimmer, or other mechanism
suitable for preventing oil and grease
from discharging to and/or from
retention/detention areas.
e.
Direct discharges, such as through
culverts, storm drains, or weir
structures, will normally be allowed
to receiving waters which by virtue of
their large capacity and
configuration, are easily able to
absorb concentrated discharges. Such
receiving waters might include
existing storm sewer systems and
man-made ditches, canals, the bay,
channels, and the ocean.
f.
Indirect discharges, such as overflow
and preader swales, are required where
the receiving water or its adjacent
supporting ecosystem might be degraded
by a direct discharge. The discharge
structure would therefore discharge
into the overflow, spreader swale, or
other channel, which in turn would
release the water to the actual
receiving water. Such receiving
waters might include marshes,
wetlands, salt marshes and land
naturally receiving overland sheetflow.
(2) Dry
Retention/Detention Areas (not
applicable
to natural or mitigation wetland
areas):
a.
Dry retention/detention areas shall
allow for the return of the
groundwater level in the area to the
control elevation.
b.
On -site mosquito control ditches or
other appropriate features for such
purpose, shall be incorporated into
the design of dry retention/detention
areas.
C.
The design of dry retention/detention
areas shall incorporate considerations
for regular maintenance and vegetation
harvesting procedures.
(3) Wet Retention/Detention Areas:
a. Dimensional criteria (as measured at
or from the control elevation).
(i) Depth - A minimum of 20 percent
of the area shallower than 6 feet
is required;
(ii) Side slopes - for purposes of
public safety, water quality
enhancement and maintenance, all
55
wet retention/detent areas
should have side slopes no
steeper than 4:1
(horizontal:vertical) out to a
depth of two feet below the
control elevation, or an
equivalent substitute. Side
slopes should be top soiled,
nurtured or planted from 2 feet
below to 1 foot above control
elevation to promote vegetation
growth. Littoral zone
vegetation growth survival shall
be a condition for operation
permit issuance.
b. Support Facility Design Criteria
Perimeter maintenance and operation
easements of 10 feet (minimum
preferable) width at slopes no steeper
than 4:1 (horizontal: vertical) should
be provided beyond the control
elevation water line. Control
elevations must be set so as not to
cause flooding in roadways and protect
road subgrades.
(4) Impervious areas:
Runoff shall be discharged from impervious
surfaces through retention areas, detention
devices, filtering and cleansing devices,
and/or subjected to some type of Best
Management Practice (BMP) prior to
discharge from the project site. For
projects which include substantial paved
areas, such as shopping centers, large
highway intersections with frequently
shopped traffic, and high density
developments, provisions shall be made for
the removal of oil, grease, and sediment
from stormwater prior to discharge into the
receiving waters or watercourse.
(5) Stagnant water conditions:
Configurations which create stagnant water
conditions shall not be allowed.
(g) Stormwater Management Plans:
It is the responsibility of the applicant
to include in the stormwater management
plan for the development, sufficient
information for the planning director to
evaluate the environmental and stormwater
discharge characteristics of the affected
areas, the potential and predicted impacts
of the proposed activity on community
waters, and the effectiveness and
acceptability of those measures proposed by
the applicant for reducing adverse
impacts. The stormwater management plan
shall contain maps, charts, graphs, tables,
photographs, narrative descriptions,
calculations, explanations, and citations
to supporting references, and any
additional information deemed necessary by
the planning director.
(h) Manual of Stormwater Management Practices:
(1) The planning department staff shall
compile a manual of stormwater
management practices for the guidance
of persons preparing stormwater
management plans and designing or
operating stormwater management
systems by the effective date og these
regulations. The manual shall be the
56
primary implementation too shall
be updated periodically to reflect the
most current and effective practices.
This manual shall be made available to
the public.
(2) The manual shall include guidance and
specifications for the preparation of
stormwater management plans.
Acceptable techniques for obtaining,
calculating, and presenting the
information required in the stormwater
management plans shall be described.
(3) The manual shall include guidance for
acceptable best management practices
(BMPs) for stormwater management
systems for single family and duplex
homes. It shall address the condition
that improvements to the land may
result in water improvement, thereby
creating surface water over land that
would otherwise not be wetland.
(4) The manual shall include guidance in
the selection of environmentally sound
practices for the management of
stormwater and the control of erosion
and sedimentation. The development
and use of techniques which emphasize
the use of natural systems shall be
encouraged.
(5) The manual shall also establish
minimum specifications for the
construction of stormwater management
facilities. Construction
specification shall be established in
accordance with sound engineering
practices.
(6) The planning department shall submit
the manual and subsequent revisions of
it to the board for review and
approval. The annual may also be
submitted for review to the Florida
Department of Environmental
Regulation's Non -point Source
Management Section in Tallahassee and
the South Florida Water Management
District.
(7) Adherence to these regulations shall
be based on the guidelines outlined in
the manual.
(i) Administration:
(1) Permit Application Procedures
The stormwater management plan shall
be submitted as part of an application
for development approval outlined in
article 3 of the Monroe County Code,
unless otherwise herein exempted. All
conditions, approvals, and fees shall
apply-
(2) Plan Adherence
The applicant shall be required to
adhere to the plan as approved and
permitted. Any changes or amendments
to the individual stormwater
management plan must be approved by
the planning department prior to
construction.
57
(j) Maintenance and Inspection:
(1) The installed system(s) required by
these regulations shall be maintained
by the owner or approved operating
entity, except that the county may
select certain systems for county
maintenance. The selection of
critical areas and/or structures to be
maintained by the county shall be
recommended to the board by the
planning director. All areas and/or
structures to be maintained by the
county must be dedicated to the county
by plat or separate instrument and
accepted by the board. The system(s)
to be maintained by the owner or
approved operating entity shall have
adequate access and easements to
permit the county right of entry to
inspect and, if necessary, to take
corrective action should the owner
fail to maintain the system(s) to be
maintained by him. The planning
director shall give such owner written
notice of the nature of the corrective
action necessary. Should the owner
fail, within thirty (30) days from the
date of the notice, to take corrective
action, the board may take the
necessary corrective action and place
a lien on the property of the owner to
recover the costs thereof.
(2) The applicant shall arrange with the
planning director for scheduling the
following inspections (these
inspections may be scheduled along
with other required inspections):
a. Erosion and Sediment Control
Inspection - As necessary during
and after construction to ensure
effective control of erosion and
sedimentation. Control measures
shall be installed and stabilized
between any waters and any areas
cleared prior to land clearing.
b. Bury Inspections - Prior to the
burial of any
underground drainage structure.
C. Final Inspection - When all work,
including installation of all
stormwater management system
facilities, has been completed.
The enforcement officer who inspects
the work shall either approve it or
notify the applicant in writing in
what respects there has been a failure
to comply with the requirements of the
approved permit. Any portion of the
work which does not comply shall be
corrected by the permittee within a
time frame deemed reasonable by the
planning director depending on the
time needed to correct the violation
and the effect of the violation on
water and habitat quality, or the
applicant will be subject to the
penalty provisions of section (j).
There shall be a fee for inspections
as established by the board.
58
(h) Enforcement and Penalties:
(1) Enforcement
The planning director shall be the
enforcement officials. If the
enforcement official determines that
the project is not being carried out
in accordance with the approved plan
or if any project subject to these
regulations is being carried out
without a permit he/she is authorized
to:
a. Issue written notice to the
applicant that specifies the
nature and location of the
alleged noncompliance and
includes a description of the
remedial actions necessary to
bring the project into compliance.
b. Issue stop -work orders directing
the applicant or persons in
possession to cease and desist
all or any portion of the work
which violates the provisions of
these regulations, until the
remedial work is completed. The
applicant shall then bring the
project into compliance or be
subject to denial of certificate
of occupancy for the project.
C. Any order issued pursuant to
subparagraphs (a) or (b) above
shall become final unless the
person or persons named therein
requests, in writing by certified
mail, a hearing before the
planning commission no later than
ten (10) working days after the
date such order is served.
Failure to act in accordance with
the order after receipt of
written notice shall be grounds
for revocation of all Monroe
County permits issued for that
project which would be affected
by or would affect the stormwater
management system.
(2) Penalties
Any person who violates or causes to
be violated any provision of these
regulations or permits any such
violation or fails to comply with any
of the requirements hereof shall be
punished by a fine equivalent to the
cost of having compiled with the
regulations. Each calendar day upon
which such violation occurs shall
constitute a separate offense. In
addition to any other remedies,
whether civil or criminal, the
violation of these regulations may be
restrained by injunction, including a
mandatory injunction, and otherwise
abated in any manner provided by law.
(1) Appeals:
Any person aggrieved by the action of any
official charged with the enforcement of
these regulations as the result of the
disapproval of a properly filed permit
application, issuance of a written notice
59
of violation, or an alleged re to
properly enforce these regulations in
regard to a specific application, shall
have the right to appeal the action to the
Monroe County Planning Commission.
(1) The Stormwater Management Review Board.
There is hereby established a board to
be called the stormwater management
review board which shall be the
development review committee.
(2) Functions
The stormwater management review board
shall hear any appeal from a decision
of any administrative official
empowered under these regulations, and
shall make recommendations to the
planning commission regarding such
matters as appeals and review
changes. The stormwater management
review board will have the authority
to take action on any administrative
concern with the application. This
authority shall be construed to
exclude matters relating to the basic
requirements of these regulations.
Final board action must be consistent
with applicable local and inter -local,
regional, state, and/or federal rules
and regulations and their respective
intents. All appeals must be filed in
writing within ten (10) days of the
date of official transmittal of the
final decision or determination to the
applicant, shall be processed in a
manner prescribed for hearing
administrative appeals under local or
state code provisions.
PD120A(1) Section 9.5-4(E- )
Section 9.5-4(E- ), Monroe County Code, is hereby created to reas as
follows:
"Engineer means a person registered and currently licensed
to practice professional engineering in the state of
Florida and other persons pursuant to the provisions of
chapter 471, F.S., who is competent in the field of
hydrology and stormwater management."
PD121
Section 9.5-308
Section 9.5-308, Monroe County Code, is hereby amended to read as
follows:
Section 9.5-308. Live-aboards.
The purpose of this section is to provide reasonable
standards to prevent the pollution of nearshore waters of
the Florida Keys.
Live-aboards shall be hooked up to an on -land septic
sewage waste disposal system, or be provided with waste
collection service, a mobile sewage collection system, or
with onshore sanitary facilities, of a size, availability,
and location sufficient to serve the number of
live-aboards allowed by this chapter, in order to collect
wastes which would otherwise be deposited overboard in
contravention to applicable state and federal laws.
PD123
Section 9.5-309
14
01
Section 9.5- 'lonroe County Code, is hereby created to rea
follows:
Section 9.5-309. Fences.
It is the purpose of this section to regulate fences and
free-standing walls in order to protect the public health, safety,
and welfare.
(a) Height: In general, all fences shall be measured from the
highest point of any lot and shall not exceed six (6) feet in
height except as follows:
(1) When it is necessary to use a fence to contain athletic
activity, the fence may exceed six (6) feet to a maximum
of twelve (12) feet, and be designated not to impair
visibility and such fences shall be subject to a minor
conditional use approval;
(2) No fence shall be located within a clear -sight triangle as
defined by this chapter that interferes with the safe and
adequate view of vehicles and pedestrians utilizing
streets and sidewalks;
(3) No fence shall exceed four (4) feet in height in any front
or side yard when such a yard is adjacent to a public
street.
(b) Use: Fences may be allowed as accessory uses within any land
use district and without a principal use existant where upland
security is required as otherwise permitted in section 9.5-288.
(c) Construction material: Fences may be constructed of natural or
man-made materials including, but not limited to, brick,
lumber, stone, metal, plastic, concrete, and masonry:
(1) All materials shall be approved by the planning director
as in conformance with the visual character of the
surrounding neighborhood and community character;
(2) No barbed or razor wire shall be permitted except in the
industrial district with the approval of the planning
director.
(d) Attachments to fences: No attachments to fences shall be
allowed including barbed and ribbon wire, electrical lights,
signs projecting above six (6) feet from the ground level,
broken glass or metal strips except as a minor conditional use
approval.
(e) Big Pine Key Area of Critical County Concern: No fences shall
be erected here until such time as this chapter is created to
provide for the regulation of fences within this ACCC.
(f) Required permit: All fences shall be constructed pursuant to a
building permit issued by the Monroe County Building Department.
(g) Limited clearing to allow construction of protective fences and
gates may be permitted if the following design standards have
been met:
(1) Such limited clearing does not occur in scenic highway
corridors established and adopted in this chapter;
(2) Limited clearing shall not remove native vegetation that
would provide for the minimum buffer required in division
II, section 9.5-375 of this chapter;
(3) Existing tree canopies within hardwood and pineland
hammocks are not removed.
(h) The rear setback requirements with regard to structures
enumerated in the land development regulations shall not apply
to fences and/or hedges six (6) feet or less in height. The
side setback requirements enumerated in this chapter shall not
apply to fences and/or hedges six (6) feet or less in height
from the rear lot line to the front setback line. Front
setback requirements enumerated in this chapter shall not; apply
to fences and/or hedges four (4) feet high or less, nor shall
M
the ply to chain link fences five (5) feet high c S. No
fences shall be erected that would violate the requirements
providing for clearsight triangles found section 9.5-427.
(i) Within land use districts UC, SC, I, MI and AD, fences may be
constructed to a height of six (6) feet, under the same
provisions of section 9.5-309(h) on all sides if compatible
with provisions of the land development regulations.
(j) The use of a fence shall not negate bufferyard requirements and
standards; however, fences may be located within required
bufferyards provided that they are located along the inside or
outside edge of the required bufferyard and existing native
vegetation provides the cover in the required bufferyard. No
clearing will be permitted to facilitate the construction of
fences located within a required bufferyard except as provided
above.
(k) No fence shall be placed so as to extend into or through any
wetlands or water bodies, or extend beyond the mean high tide
line on any property. Fences placed on any structure shall not
violate height requirements for that structure. In no event
shall fences be approved if they restrict fire and emergency
access to individual or adjacent properties."
PD129 Section 9.5-345(m)(2)c,d
Section 9.5-345(m)(2)c,d Monroe County Code, is hereby amended to read
as follows:
C. No structure shall be located on submerged land which
is vegetated with sea grasses, patch reefs and marine
hard bottom communities except as is necessary to
reach waters of at least 4' (four feet) below mean
low water level for docking facilities.
d. No docking facility shall be developed at any site
unless a minimum channel of twenty (20) feet in width
where a mean low water depth of at least minus four
feet (-4') exists, unless the applicant demonstrates
that the development of the facility will not have a
substantial adverse impact on natural marine
communities but in no case shall any facility be
located where a mean low water depth is less than
three feet (3'), as may be allowed by applicable
state DER, and DNR regulations.
PD130
Section 9.5-351(c)
Section 9.5-351(c), Monroe County Code, is hereby amended to read as
follows:
"(c) Required Number of Off -Street Parking Spaces: The following
parking spaces shall be provided for each use:
Single-family...........................................2.0
Multifamily.............................................1.5
Open-air sales, per 1,500 square feet of land ...........
1.0
Hotels, per room........................................1.0
Office, per 1,000 gfa...................................3.0
Commercial retail (high, medium and low -intensity)
unless otherwise specified, per 1,000 gfa...............3.0
Industrial, per 1,000 gfa...............................2.5
Restaurant (sit-down), per 1,000 gfa...................15.0
Restaurant (drive-in/fast food), per 1,000 gfa.........
17.5
Bars, lounges, bottle clubs, per 1,000 gfa.............10.0
Convenience retail, per 1,000 gfa.......................7.0
Destination resorts,(per room) .........................
1.0
Church, per seat .......................................
0.3
Theater, per seat ......................................
0.3
62
Mobile t ' arks, per pad ............................. 1
RV parks, per pad ...................................... 1.0
Hospitals, per bed ..................................... 1.2
Marinas, independent
Wet slip.. 0.67
Dry slip.. 0.25
Live -aboard.. 2.00
Live -aboard, ...................... more than one.. 1.50
Charter/guide boat, less than six passengers
capacity.. 4.00
Party boat, more than five passengers capacity,
per person.. 1.00
Marinas (commercial fishing), for each berth........... 1.0
Plus, per 4 dry storage racks ..................... 1.0
Boat ramps, per ramp ................................... 1.0
(d) Number of spaces for the Handicapped: Except for single-family
dwellings, the number of spaces required under the provisions of
subsection (c) above shall include provisions for the handicapped, as
follows:"
PD131 Section 9.5-377
Section 1. Section 9.5-377 Monroe County Code, is
hereby amended to read as follows:
Land
Use
District Adjoining District
UC UR URM URM-L SC SR SS NA IS DR RV CFA CFV CFS MU I MI MF AD PR
UC
-
C
C
C
-
D
F
B
D
B
C
G
G
G
--
B-
- -
UR
C
B
C
C
C
C
E
A
B
C
D
H
H
H
C
C
D
D - -
URM
C
C
C
C
B
C
B
E
C
D
D
C
C
C
C
H
D
C - -
URM-L
C
C
C
-
B
C
B
E
C
D
D
C
C
C
C
H
D
C - -
SC
-
C
B
B
-
D
C
B
D
B
C
G
G
G
-
A
B-
- -
SR
D
C
C
C
D
C
E
A
B
D
E
H
H
H
D
D
E
E - -
SS
F
E
B
B
F
D
D
A
D
E
E
G
G
G
D
E
F
F - -
NA
B
A
E
E
B
A
A
-
-
B
C
A
A
A
B
C
C-
- -
MN
B
A
E
E
B
A
A
-
-
B
C
A
A
A
B
C
C
C - -
OS
F
E
B
B
F
D
D
A
D
E
E
G
G
G
D
E
F
F - -
IS
D
B
C
C
D
B
D
-
C
D
E
H
H
H
D
D
E
D - -
DR
B
C
D
D
B
D
E
B
D
B
C
H
H
H
C
C
E
D - -
RV
C
D
D
D
C
E
E
C
E
C
C
H
H
H
B
C
E
D - -
CFA
G
H
C
C
G
H
G
A
H
H
H
-
-
-
--
B-
- -
CFV
G
H
C
C
G
H
G
A
H
H
H
-
-
-
--
B-
- -
CFS
G
H
C
C
G
H
G
A
H
H
H
-
-
-
--
B-
- -
MU
-
C
C
C
-
D
D
B
D
C
B
-
-
-
-
A
B-
- -
I
-
C
H
_H
A
D
E
C
D
C
C
A
A
A
A-
--
- -
MI
B
D
D
D
B
E
F
C
E
E
E
B
B
B
B-
--
- -
MF
-
D
C
C
-
E
F
-
D
D
D
-
-
-
B
-
-
- - -
AD
B
D
D
D
B
D
D
D
D
D
D
D
D
D
B
B
B-
- D
PR
-
-
-
_
-
-
-
-
-
-
-
-
-
-
-
B
B
- D -
PD132
Section 9.5-378
Section 9.5-378, Monroe County Code, is hereby amended to read as
follows:
Sec. 9.5-378. Required scenic corridor and major street buffers.
Bufferyards required by section 9.5-375 shall be provided in
accordance with the following table:
Land Use District
Major
Street Buffer
Scenic
Corridor
Urban Commercial B D
Urban Residential D E
63
Urban Reside Mobile Home
D D
Urban Residentiai Mobile Home -Limited
D D
Sub Urban Commercial
C E
Sub Urban Residential
E F
Sparsely Settled
F F
Native Area
F F
Mainland Native Area
F F
Improved Subdivision
D D
Destination Resort
D F
Commercial Fishing
E F
Mixed Use
B F
Light Industry
D F
Maritime Industries
D F
Military Facilities
C F
Recreational Vehicle
E F
Airport
E F
PD133
Section 9.5-380(a)(1)
Section 9.5-380(a)(1), Monroe County Code, is hereby amended to read as
follows:
Bufferyards.
Sec. 9.5-380. Responsibility for District Boundary
PD134
(a.) Where both sides of the district boundary are
vacant:
(1) Where commercial districts abut
residential districts (UR, IS, URM, URM-L,
SR, SS and NA) and an E or F buffer is
required, the commercial uses shall
provide 2/3 of the required buffer.
Section 9.5-404(c)(4)
Section 9.5-404(c)(4), Monroe County Code, is hereby amended to read as
follows:
9.5-404,(c)(4): Hospitals or other emergency facilities:
Hospitals or other emergency medical facilities,
excluding individual medical offices, shall be allowed
the same size identification sign as permitted for
individual establishments not located within a
multiple -occupancy complex. One (1) additional
illuminated ground or wall sign not to exceed sixteen
(16) square feet to identify each emergency entrance
shall be permitted. Such emergency signs shall be exempt
from a sign permit; however, such signs shall be
registered in the planning department, to include a
description of the sign, its location, a photograph of
it, the dimensions, and a description of how it is to be
constructed. Such emergency signs shall be limited, and
in no instance shall an individual sign exceed twenty
(20) square feet in area.
PD135
Section 9.5-403(c)(1)k
Sections 9.5-403(c)(1)k, Monroe County Code, are hereby amended to read
as follows:
9.5-403(c)(1)k: Political/campaign signs not exceeding
four (4) square feet in area. For signs larger than
four feet, refer to paragraph (2) of this subsection (c).
64
' 35A
Section 9.5-403(c
Section 9.5-403(c)(2)g, Monroe County Code, is hereby amended to read
as follows:
g Political/campaign signs not exceeding twelve
(12)square feet; see section 9.5-404(a)(4) also
PD137
Section 9.5-421
Section 9.5-421, Monroe County Code, is hereby amended to read as
follows:
Sec. 9.5-421. Purpose.
This division establishes the access standards on state,
county, and private roads in order to assure access to
all parcels, safe traffic flows, maintenance of roadway
capacity and travel speeds, and coordinates development
review among the developer, the county, and the Florida
Department of Transportation (FDOT).
PD137A
Section 9.5-422
Section 9.5-422, Monroe County Code, is hereby amended to read as
follows:
Replace existing wording with the following:
Sec. 9.5-422. Access connections to U.S. 1.
No structure or land shall be developed, used, or occupied with
direct access to U.S. 1 unless the access connection is approved by
the Florida Department of Transportation and adequate access, as
determined by the planning director after consultation with the
FDOT is not available from side streets, parallel streets, or
frontage roads. In addition, the following requirements shall be
met:
(a) Limited access areas - Any connection to U.S. 1 in the areas
shown on the table below shall be separated by a minimum of
275 feet from any other connection to U.S. 1 as determined by
the planning director, and any parcel proposed for development
shall have the minimum number of connections necessary to
provide access, maintain safe traffic flows, and maintain the
highway capacity;
(b) Access from adjacent parcels - Where reasonable as determined
by the planning director, development along U.S. 1 shall
provide for vehicle and pedestrian access to adjacent
properties abutting U.S. 1 without requiring the use of U.S. 1;
(c) No development shall be permitted that would propose a
connection to U.S. 1 that is located within two hundred fifty
(250) feet of a U.S. 1 bridge structure.
LOCATION
LIMITED ACCESS
AREA
BigCoppitt, Oceanside...........................................X
Lower Sugarloaf Key, both sides..................................X
Upper Sugarloaf Key, both sides..................................X
Ramrod, both sides ...................... .......................X
LittleTorch, both sides.........................................X
Big Pine, both sides West of Ships Way...........................X
Big Pine, South of Knowles Boulevard .............................X
Area Between Coco Plum Boulevard and MM 57.......................X,;
Grassy Key, MM 59.1 to East End..................................X
65
Long Key, Ea ' Layton ......................................
Long Key, West or Layton.........................................A
Lower Matecumbe, Oceanside West of Lot 61, Matecumbe Harbor ...... X
Lower Matecumbe, Oceanside West of Columbus Drive................X
Windley Key, both sides..........................................X
Plantation, East of Bay Ridge Road...............................X
Key Largo, both sides, Burton Drive to Bayview...................X
Key Largo, Peter Pan Parkway to Ocean Drive......................X"
PD137B
Section 9.5-423
Section 9.5-423, Monroe County Code, is hereby amended to read as
follows:
Section 9.5-423 Access connections to all roads other
than U.S. 1.
No structure or land shall be developed, used, or
occupied with direct access to any road other than U.S. 1
unless the access connection conforms to the standards
listed below:
(a) Arterial and collector roads -
Only one connection onto an arterial or collector
road may be permitted per parcel. Two connections
may be permitted if the parcel has over 250 feet of
frontage along the arterial or collector. Whenever
possible, the connection should be 50 feet from any
other connection. Access for a parcel at the corner
formed by a local road and an arterial or collector
road shall have access only from the local road
unless there is 150 feet of frontage along the
arterial or collector road.
(b) Frontage roads maintained by the county -
Only one connection onto a frontage road may be
permitted per parcel. Two connections may be
permitted if the parcel has over 150 feet of
frontage along the frontage road. Whenever possible
the connection should be over 50 feet from any other
connection.
(c) Local roads -
Only one connection onto a local road may be
permitted per parcel. Two connections may be
permitted if the parcel has over 100 feet of
frontage along the local road. Whenever possible,
the connection should be 26 feet from any other
connection.
(d) Driveway construction standards -
All driveways shall be constructed according to the
"Standard Specifications and Details of Monroe
County."
PD137C Section 9.5-424
Section 9.5-424, Monroe County Code, is hereby amended to read as
follows:
Sec. 9.5-424 Temporary Access.
No applicant shall be denied development approval for the sole reason
that the lot cannot meet the requirements of section 9.5-422 or
9.5-423. To provide access, the director of planning shall issue a
temporary access permit provided that the FDOT has approved the
connection and the landowner's site plan provides for the eventual
conforming connection and the owners agree, with suitable legal
documents, to close the temporary access when the conforming connection
is feasible.
PD137D
Section 9.5-425
Section 9.5• 'Monroe County Code, is hereby created to rea
follows:
Nonconforming access.
No use shall receive a permit for a change of use,
expansion or reconstruction unless it is brought into
conformance with this division.
PD139
Section 9.5-473.1
Section 9.5-473.1, Monroe County Code, is hereby amended to read as
follows:
"Sec. 9.5-473.1. Threshold designations.
When the planning department's annual report, prepared
pursuant to section 9.5-292(b), identifies areas with
specific service deficiencies, these areas shall be
designated as areas of critical county concern (ACCC) in
accordance with section 9.5-473. As part of this designa-
tion, the planning department shall formulate a work
program and management policies for each designation.
Threshold designation areas must meet all requirements of
this article. While the designation of an area of
critical county concern as a result of a threshold
designation does not prohibit development permitting,
such designation is intended to focus planning efforts on
areas with marginally adequate public facilities and to
ensure that development approvals are conditioned so as
to minimize the potential of reaching inadequate
facilities levels of service which would preclude further
development.
Areas of Monroe County which meet the following criteria
in the annual report shall be designated ACCC:
(a) Areas within twenty-five (25) miles of a solid waste
site with a minimum expected life capacity of less
than five (5) years;
(b) Areas within three (3) miles of any section of U.S.
1, State Road 905 or any secondary road which is
operating at level of service D on a peak hour basis.
Additional thresholds for designations may be proposed by
the planning director.
All ACCC's shall be reviewed biannually from the
anniversary date of their designation adoption by the
planning director, and a report shall be prepared and
submitted for review by the development review committee,
the planning commission, and the board of county
commissioners."
PD141
Section 9.5-475
Section 9.5-475, Monroe County Code, is hereby amended to read as
follows:
All development in a designated area of critical county
concern (ACCC) shall be considered as a conditional use
except those permitted as -of -right for the existing land
use district.
PD143
Section 9.5-491(g)(1)
67
Section 9.5- ')(1), Monroe County Code, is hereby amended d as
follows:
(g) Credits to the Fair Share Transportation Fee.
(1) The county planning director shall grant a credit
against any fair share transportation fee imposed by this
section upon any new land development activity generating
traffic where the person initiating the land development
activity has entered into an agreement with the county to
construct capital roadway improvements which expand the
county's major road network or local road providing
access to the proposed development and other, nearby
properties by providing roadway improvements that are
consistent with the comprehensive plan. A credit equal
to the dollar value of the capital road improvement in
the agreement shall be provided. No credit shall exceed
the fair share transportation fee imposed by this section
for the proposed land development activity.
PD143A Section 9.5-45
Section 9.5-45, (b),(d) and (f) Monroe County Code, is hereby amended
to read as follows:
Sec. 9.5-45. Notice.
(b) Publication: Notice of public hearings shall be
given at least thirty (30) days in advance of the
hearing date by publication in the nonlegal section
of the local newspapers of greatest general
circulation in the Lower, Middle, and Upper Keys of
Monroe County except, however, that the notice for
amendments to the text of these regulations shall be
given at least fifteen days - excluding Sundays and
holidays - in advance of the hearing by publication
in either the legal or nonlegal section of the local
newspapers of greatest general circulation in the
Lower, Middle, and Upper Keys of Monroe County.
(d) Mailing of notice: Notice of a public hearing to
consider a major conditional use shall be mailed by
the county to all owners of real property located
within three hundred (300) feet of the property
proposed to be developed as a major conditional use,
including any residents of the parcel proposed for
development, at least thirty (30) days prior to a
public hearing. A list of such owners, as shown by
the latest available records in the Monroe County
Property Appraiser's office, shall be provided by
the applicant with an application for development
approval.
(f) Affidavit and photograph of notice: An affidavit
and photographic evidence shall be provide by the
applicant at the public hearing that the applicant
has complied with the notice required by this
section.
PD144
Section 9.5-491(i)(3)(a)
Section 9.5-491(i)(3)(a) second paragraph, Monroe County Code, is
hereby amended to read as follows:
(3) Expenditure of fair share fees and trust accounts:
a.
Proceeds from each account shall be used exclusively for
the capital expansion of the county's major road network
system in the subdistrict from which the monies have
N.
'ie, with the exception that a portion of the ; from
G4�h district may be allocated to projects outsiae of the
subdistrict, on U.S. 1, Card Sound Road, and C-905 in Key
Largo, and the proceeds are used in a manner consistent
with the capital improvements plan of the comprehensive
plan.
PD145
Section 9.5-511(b)
Section 9.5-511(b), Monroe County Code, is hereby amended to read as
follows:
(b) Authority: The board of county commissioners may
amend the text of this chapter upon the compliance with
the provisions of this article. Amendments may be
proposed by the board of county commissioners, the
planning commission, the director of planning, or the
owner or other person having a contractual interest in
property to be affected by a proposed amendment. The
director of planning shall have the responsibility to
establish the format as approved by the board of county
commissioners by which applications can be submitted and
shall have the authority to screen those amendments,
processing only those which are presented on a complete
application; and those deemed insufficient shall be re-
turned to the applicant for correction and resubmittal
within twenty-one (21) days."
PD146 Section 9.5-511(c)
Section 9.5-511(c), Monroe County Code, is hereby amended to read as
follows:
(c) Timing:
"Applications for Map and Text Amendments to the Land Use
Regulations shall be accepted at any time. The Planning
Director shall review and process the Map and Text
Amendment applications as they are received and pass them
on to the Development Review Committee and the Planning
Commission for recommendation and final approval by the
Board of County Commissioners."
PD147 Section 9.5-511(d)
Section 9.5-511(d), Monroe County Code, is hereby amended to read as
follows:
Section 9.5-511. Amendments to these Regulations
(d) Procedures:
(1) Proposals for amendments to text of the comprehensive land use
plan. Proposals to amend the text of the land use regulations may
be initiated by the board of county commissioners as a body, the
planning commission as a body, the director of planning, or any
citizen including individual members of the board of county
commissioners and the planning commission by transmitting the
proposed amendments to the planning department and the development
review committee for review and recommendation to the planning
commission.
(2) Proposals for amendments to district maps of the Land Use
Regulations.
a. Proposals by affected landowners. Any landowner or,4other
persons having a contractual interest in property desiring to
69
petitioi ' board of county commissioners for an amends :o the
land use aistrict map shall be required to file an application with
the director of planning accompanied by a nonrefundable application
fee as established from time to time by the board of county
commissioners to defray the actual cost of processing the applica-
tion. The director of planning shall transmit the proposed amend-
ment to the planning department and the development review commit-
tee for review and preparation of a recommendation to the planning
commission.
b. Applicants must document one or more of the following factors
as part of their application demonstrating the need for and justi-
fication for consideration by the planning commission and the board
of county commissioners.
(i) Changed projections concerning the immediate planning area in
which the amendment is located;
(ii) Changed assumptions regarding demographic trends occurring in
the immediate planning area in which the amendment is located;
(iii) Data errors involving vegetative types and natural features
described in Volume I of the comprehensive land use plan;
(iv) Recognition of a need for additional detail or comprehensive-
ness concerning the properties involved in the proposed amendment.
(3) Public hearing(s): The planning commission and the board of
county commissioners each shall hold at least one (1) public hear-
ing on a proposed amendment to the text of this chapter or to the
land use district map.
a. Notice: Notice of a proposed amendment to either the text of
this chapter or the land use map shall be provided by
publication of advertisements of all required public hearings,
the advertisements to be no less than one -quarter page in a
standard size or a tabloid size newspaper, and the headline in
the advertisements to be in a type no smaller than 18 point.
The advertisement shall not be placed in that portion of the
newspaper where legal notices and classified advertisements
appear. The advertisement shall be published in a newspaper
of general paid circulation in the county and of general
interest and readership in the community, not one of limited
subject matter. It is the intent that, whenever possible, the
advertisements shall appear in a newspaper that is published
at least five (5) days a week. The advertisements for
amendments to the land use map shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use of land within
the area shown in the map in this advertisement.
Public hearings on the proposal will be held on (date and
times) at (meeting places).
The advertisements also shall contain a geographic location
map which clearly indicates the area covered by the proposal.
The map shall include major street names as a means of
identification of the area.
(i) The advertisement for an amendment to the text of this
chapter shall state in a brief form the nature of the
amendment to be considered at the public hearing.
(ii) Notice of a proposed amendment to the proposed land use
district map shall also be made by registered mail to
abutting (touching) property owners within 30 days of any
public hearing. If the abutting property owners are the
same as the applicants then notice shall be given to the
nearest abutting property owners who are not the
applicant.
(4) Action by planning commission.
70
a. The 'ing commission shall review the applicatior text
and lana use district amendments, the reports and recommenaations
of the department of planning and the development review committee,
and the testimony given at the public hearing, and shall submit its
recommendations and findings for either granting or denying the
proposed amendment to the board of county commissioners.
b. Any recommendation for either granting or denying the proposed
amendment by the planning commission shall be by simple majority
except that approval or a proposed amendment shall not given except
by the favorable vote of four (4) members of the planning
commission if a written protest is submitted against such amend-
ment signed by either:
(i) The owners of twenty percent (20%) or more of the area of the
lots or land included in the proposed amendment, or
(ii) The owners of twenty percent (20%) or more of abutting (touch-
ing) lots or land to the proposed land use district map amendment,
or
(iii) The owners of twenty percent (20%) or more of lots or land
immediately adjoining the property to be affected and extending two
hundred (200) feet therefrom.
(5) Actions by board of county commissioners following public
hearing(s).
a. The board of county commissioners shall consider the report and
recommendations of the of the department of planning, the
development review committee, and the planning commission including
the testimony given at the public hearings, in context of all of
the criteria concerning the amendment to the text of the compre-
hensive land use plan or the district land use map before the
planning commission.
b. The board of county commissioners may consider the adoption of
an ordinance enacting the proposed change, provided that written
finding of fact are given if contrary to the findings of the plan-
ning commission in their review of the proposed amendment.
C. In no event shall an amendment to the land use district map be
approved which will result in an adverse community change of the
planning area in which the proposed amendment is located.
d. Except as provided in subsection 4(b). above, the board of
county commissioners shall adopt the proposed amendment or the
proposed amendment as modified by not less than a majority of its
total membership.
PD149
Section 9.5-511(d)(3-5)
Section 9.5-511(d)(3-5), Monroe County Code, is hereby amended to read
as follows:
"3. a. Planning commission public hearings.
Except as required in the following paragraph (c), the planning
commission shall hold at least one (1) public hearing on any proposed
amendment to the text of the land development regulations. Notice for
such hearing may be by title or description of subject matter and shall
be given at least fifteen (15) days prior to the date of the hearing by
publication.
b. If a proposed land use district map amendment involves
less than five percent (5) of the total land area of the county, the
planning commission shall direct its clerk to notify by mail each real
property owner whose land is proposed for a land use district map
amendment whose address is known by reference to the latest ad valorem
tax records. Such notice shall be given at least thirty (30) days
prior to the date set for the public hearing and shall be kept
available for public inspection during the regular business howls at
county offices. In addition, notice of a proposed land use district
71
map amendme: `ill be provided by the publication of an ad ;erg
of no less tuan'one-quarter-page and the headline in the adverti:
to be in a type no smaller than eighteen (18) point. The adverti,, lenLl
shall not be published in that portion of the newspaper where
notices and classified advertisements appear. The advertisement ,;,,al,
be published in a newspaper of general paid circulation in the c ,,-.nty
and of general interest and readership, not one of limited su ec:
matter. The advertisement shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use :,f
land within the area shown in the map in th'i
advertisement. Public hearings on the propc:.;,^..1.
will be held on (date & times) at (meeting
places).
The advertisements also shall contain a geographic location map which CA -early 1ndi etes
the area covered by the proposal. The map shall include major stYti.31 Ylileil5'r, ! -i s.rxd,
of identification of the area.
C. If the land use district map amendment involves five t.5) percent of .:rc of
the total land area of the county, the planning commission shall h.a.ld two (2)
hearings on the proposed land use map redesignation. Both hearing:; shall be held .,fetes
5:00 P.M. on a weekday and the first shall be held approximately s-ven. (7) days af;.e:-
the first advertisement is published. The second hearing shall be held a.pprc,x:imat:,ly
two (2) weeks after the first hearing and shall be advertised approximately five (''1)
days prior to the public hearing. The day, time and place at whic'�. the secolicl public:
hearing will be held shall be announced at the first public hearin,•;. T11c ouhlished
notice required by this paragraph shall be provided by the publics:'.icn .j`
advertisement of no less than one -quarter (1/4) page size and the 'beayl.i_i t�> be li, a.
type no smaller than eighteen (18) point. The advertisement shall not iu
that portion of the newspaper where legal notices and classified•ac.vertisftttscc appprr.
The advertisement shall be published in a newspaper of general paiO circulation in tl�e
county and of general interest and readership, not one of limited=rubject wia t:er. The
advertisement shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use
land within the area shown in the map in the
advertisement. Public hearings on the propo:r,t
will be held on (date & times) at (meeting
places).
The advertisements also shall contain a geographic location map which ;.-learly indjcatcs
the area covered by the proposal. The map shall include major street: nanf�,s :and nptrnst:
mile marker as a means of identification of the area.
4. Board of county commissioners public hearings.
a. Except as required in the following paragraph (c), the
commissioners shall hold at least one (1) public hearing on any protc
the test of the land development regulations. Notice for such hearing may b,, by tits.e
or description of subject matter and shall be given at least fifteen (1 5) days prior_ to
the date of the hearing. Notice shall be made by the clerk of the board and shall be
kept in a separate book open to public inspection during regular busivp.ss hours.
b. If a proposed land use district map amendment involves l(kss thdit f.iur.; !:
percent of the total land area of the county, the board of county'commissiont-,rs shrill
direct its clerk to notify by mail each real property owner whose-il,anr. is proposed for
land use district map amendment whose address is known by reference to the atitest 1.d.
valorem tax records. Such notice shall be given at least thirty X•30):day; p, iox i * the
date set for the public hearing and shall be kept available for prd�.lii:. inspection +ur.in,
the regular business hours at county offices. In addition, notice of,a propi::.sed iud
use district map amendment shall be provided by the publication of an aavezt_semei,i. of
no less than one -quarter page size and the headline in the advertis��mrnt to 11 in k ty;:
no smaller than eighteen (18) point. The advertisement shall not -be pablish:7d in ri)at
portion of the newspaper where legal notices and classified advertirerr.ertts n z <. r TI-,
advertisement shall be published in a newspaper of general paid ;.k Jy tt°c:
county and of general interest and readership, not one of limited sett ";. r;u+ .:c>> . T 111e
advertisement shall be in the following form:
NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use o:
land within the area shown in the map in thi.
72
advertisement. Public hearings on the sal
will be held on (date & times) at (meeting
places).
J
The advertisAnents also shall contain a geographic location map which clearly indicates
the area cov6red by the proposal. The map shall include major street names and nearest
mile markersltas a means of identification of the area.
C. If the land use map amendment involves more than five percent (5) of the,
total land area of the county, the board of county commissioners shall hold two (2)
public hearifts on the proposed land use map redesignation. Both hearings shall be held
after 5:00 POM. on a weekday and the first shall be held approximately seven (7) days
after the fiYst advertisement is published. The second hearing shall be held
approximately two (2) weeks after the first hearing and shall be advertised
approximately five (5) days prior to the public hearing. The day, time and place at
which the second public hearing will be held shall be announced at the first public
hearing. Tlib- published notice required by this paragraph shall be provided by the
publication df an advertisement of no less than one -quarter (1/4) page size and the
headline to be in a type no smaller than eighteen (18) point. The advertisement shall
be published in a newspaper of general paid circulation in the county and of general
interest and(readership, not one of limited subject matter. The advertisement shall be
in the following form:
,.s
e: NOTICE OF CHANGE OF LAND USE REGULATIONS
Monroe County proposes to regulate the use of
oY land within the area shown in the map in this
, advertisement. Public hearings on the proposal
will be held on (date & times) at (meeting
places).
r.
The advertiseffents also shall contain a geographic location map which clearly indicates
the area cove*ed by the proposal. The map shall include major street names and nearest
mile markers as a means of identification of the area.
5. ActiolF'by the board of county commissioners following
public hearings.
a. The board of county commissioners shall consider the report and
recommendatiA of the department of planning, the development review committee, and the
planning commission and the testimony given at the public hearings.
.;
b. The board of county commissioners may consider the adoption of an
ordinance enacting the proposed map or text amendment based on one or more of the
following factors:
(i) Changed projections (e.g., regarding public service needs) from
those on which the text or boundary was based, the current capital
facilities report may be considered for the purpose of this factor;
(ii) Changed assumptions (e.g., regarding demographic trends);
(iii)Data errors, including errors in mapping, vegetative types and
natural features described in the comprehensive plan;
(iv) New issues;
z (v) Recognition of a need for additional detail or comprehensiveness;
r
ak::
PD150 Section 9.5-511(d)(3)b
Section 9.5-51*(d)(3)b, Monroe County Code, is hereby amended to read
_-W
as follows:
b. Posting of notice: At least thirty (30) days prior
i-o any public hearing required under this section, the
applicant shall post notice on the property in the case
6f zoning map amendments that is the subject of the
hearing, a sign or signs in accordance with requirements
of Section 9.5-45. The applicant shall provide the
county planning department with affidavits at this time
with appropriate photographic evidence attached that the
73
'ject property was posted in accordance these
regulations.
PD152
Section 9.5-511(e)
Section 9.5-511(e), Monroe County Code, is hereby amended to read as
follows:
(e) Typographical or Drafting Errors:
a Amendments to the text of the comprehensive plan to
correct typographical or text drafting errors may be
adopted by the board of county commissioners without
posted notice or public hearing at any regular
meeting. The intent of this section is to allow
amendments to this chapter of an obvious minor
technical nature or where inadvertent errors in
words or numbers are clearly apparent. Such
corrections are necessary to bring the ordinance
into conformity with the board of county
commissioners' original language and intent. Propos-
als amending the text of this chapter must be
supported by: a tape recording of the meeting at
which the section of the chapter was adopted, or
minutes of the county commission meeting, or other
documentary evidence showing that the amendment is
consistent with the intent of the commission. As
long as the county is designated within an area of
critical state concern, notice of such amendments
all be transmitted to the Florida Department of
Community Affairs within thirty (30) days.
b Amendments to the land use district maps to correct
drafting line errors may be adopted by the board of
county commissioners without posting notice or
public hearing at any regular meeting, provided that
no drafting line corrections are made which change
land use district map designations.
PD152A Section 9.5-511(f)
Section 9.5-511(f), Monroe County Code, is hereby created to read as
follows:
(f) Although labeled as Volume III, the land development
regulations are the intended zoning regulations and
zoning map for the county. As such they shall be
eligible for amendment according to applicable state law
(Florida Statute 163.3177) at any time or as specified in
the land development regulations. They shall not be
construed to be amendable only once or twice each year.
PD153
Section 9.5-521(c)
Section 9.5-521(c), Monroe County Code, is hereby amended to read as
follows:
(c) Procedures: A notice of appeal in the form
prescribed by the director of planning must be filed with
the county administrator and with the office or
department rendering the decision, determination or
interpretation within thirty (30) working days of the
decision. Such notice shall be accompanied by the names
and addresses of the owner, applicant, property owner,
and adjacent property owners. The filing of such notice
of appeal will require the administrative official whose
decision is appealed to forward to the commission or
board within five (5) working days any and all records
concerning the subject matter of the appeal and to send
74
tten notice of the appeal to
property owner, and adjacent
different from the person filing
(5) working days of receipt of
Failure to file such appeal shall
any rights under this chapter
pretation or determination made
offical.
PD153A
the owner, [cant,
property owners, if
the appeal, within five
the notice of appeal.
constitute a waiver of
to appeal any inter -
by an administrative
Section 9.5-521(d)
Section 9.5-521(d), Monroe County Code, is hereby amended to read as
follows:
(d) Effect of Filing an Appeal: The filing of a notice of
appeal shall stay all permit activity and any proceedings
in furtherance of the action appealed from unless the the
administrative official rendering such decision,
determination or interpretation certifies in writing to
the commission or the board and the applicant that a stay
poses an imminent peril to life or property, in which
case the appeal shall not stay further permit activity
and any proceedings. The commission or board shall
review such certification and grant or deny a stay of the
proceedings.
PD153B
Section 9.5-521(e)
Section 9.5-521(e), Monroe County Code, is hereby amended to read as
follows:
(e) Action of the commission or board: The planning
commission or board of county commissioners shall
consider the appeal at a duly called public hearing
following receipt of all records concerning the subject
matter of the appeal. Any person entitled to initiate an
appeal may have an opportunity to address the commission
or boards at that meeting and argument shall be
restricted to the record below except that a party
appealing an administrative decision, determination or
interpretation shall be entitled to present evidence and
create a record before the planning commission; any
appeals before the county commission shall be based upon
and restricted to the record.
STM1
Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
Adverse impacts, stormwater management, mean
modifications, alterations, or effects on ground or
surface waters or wetlands, including quality, quantity,
hydrodynamics, i.e., currents, flow patterns, surface
area, species composition, living resources, or
usefulness which are or may be potentially harmful to
human health and safety, to biological productivity or
stability, or which interfere with lawful enjoyment of
life or property, including secondary, cumulative, and
direct impacts.
STM2 Section 9.5-4(A- )
75
Section 9.5• 1 ), Monroe County Code, is hereby created to is
follows:
Agricultural lands mean lands classified as agricultural
by the Monroe County Property Appraiser in accordance
with Section 193.461, F.S., for agricultural uses,
including forest management, and agricultural uses under
the comprehensive plan.
STM3 Section 9.5-4(A- )
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
Aquifer means an underground formation permeable enough
to transmit, store, or yield quantities of salt or fresh
water.
STM4 Section 9.5-4(B- )
Section 9.5-4(B- ), Monroe County Code, is hereby created to read as
follows:
Best management practices, stormwater management, means
those methods of stormwater management recognized by
experts in the field as the most effective for treating
or managing stormwater runoff.
ST15 Section 9.5-4(C- )
Section 9.5-4(C- ), Monroe County Code, is hereby created to read as
follows:
Clearing and grubbing means the clearing of land,
including clearing or removal of vegetation and including
any significant disturbances of vegetation or substrate
(soil) manipulation; clearing is a development activity
as defined by section 9.5-4.
STM6 Section 9.5-4(C- )
Section 9.5-4(C- ), Monroe County Code, is hereby created to read as
follows:
Construction, stormwater management, means any on -site
activity which will result in the change of natural
drainage patterns and will require the creation of a new
stormwater management system.
STM7 Section 9.5-4(C- )
Section 9.5-4(C- ), Monroe County Code, is hereby created to read as
follows:
Control elevation means the lowest point above sea level
at which water can be released through the control
structure.
STM8 Section 9.5-4(C- )
76
Section 9.5- ), Monroe County Code, is hereby created to is
follows:
Control structure means the element of a discharge
structure which allows the gradual release of water under
controlled conditions.
� I I itV,
Section 9.5-4(C- )
Section 9.5-4(C- ), Monroe County Code, is hereby created to read as
follows:
Cut and fill means the removal of surface and sub -surface
materials by any means from one area and deposition of
said materials in another area; also, the removal of
surface and sub -surface materials from one area and
deposition of new materials in that area.
STM10
Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Detention means the delay of stormwater runoff prior to
discharge into receiving waters.
STM11
Section 9.5-4(D- )
Section 9.5-40- ), Monroe County Code, is hereby created to read as
follows:
Discharge, direct means the release of stormwater through
a control structure to the receiving water body.
STM12
Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Discharge structure means a device through or over which
water is released from a stormwater management structure.
STM13
Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Drain means a channel, pipe or duct for conveying water.
STM14
Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Drainage means removal of water from an area to lower the
water level of that area.
77
'15 Section 9.5-4(D-
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Drainage basin means a catchment area which is otherwise
draining to a watercourse or contributing flow to a body
of water.
STM16 Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Drawdown means the difference in water table level
between a well head and any distance from it.
STM17 Section 9.5-40- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Dredging means excavation below water level or in
wetlands.
STM18 Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Dry detention means the delay of stormwater runoff prior
to discharge into receiving waters in a structure with a
bottom elevation above the water table or control
elevation.
STM19 Section 9.5-4(D- )
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
Dry retention means the prevention of stormwater runoff
from direct discharge into receiving waters in a
structure with a bottom elevation above the water table
or control elevation.
STM20 Section 9.5-4(E- )
Section 9.5-4(E- ), Monroe County Code, is hereby created to read as
follows:
Erosion means the washing away or scouring of soil by
water or wind action.
STM21 Section 9.5-4(E- )
Section 9.5-4(E- ), Monroe County Code, is hereby created to read as
78
fellows:
Existing means the condition immediately before
development or redevelopment occurs.
STM22 Section 9.5-4(F- )
Section 9.5-4(F- ), Monroe County Code, is hereby created to read as
follows:
Fill means material, consolidated or unconsolidated,
deposited on land or in water.
STH23 Section 9.5-4(F- )
Section 9.5-4(F- ), Monroe County Code, is hereby created to read as
follows:
Flood or flooding means a general and temporary condition
of partial or complete inundation of normally dry land
areas resulting from the overflow of tidal waters or the
unusual and rapid accumulation of stormwater runoff of
waters from any surface.
STM24
Section 9.5-4(F- )
Section 9.5-4(F- ), Monroe County Code, is hereby created to read as
follows:
Frequency means the anticipated cyclic return period of a
storm event, e.g., 25-year storm.
STM25 Section 9.5-4(F- )
Section 9.5-4(F- ), Monroe County Code, is hereby created to read as
follows:
Freshwater lens means a freshwater aquifer at the top of
the water table overlying a saline aquifer.
STM26 Section 9.5-4(G- )
Section 9.5-4(G- ), Monroe County Code, is hereby created to read as
follows:
Groundwater means water beneath the surface of the ground.
STM27 Section 9.5-4(H- )
Section 9.5-4(H- ), Monroe County Code, is hereby created to read as
follows:
Hydrograph means a graph of flow rate of discharge.
STM28
Section 9.5-4(11- )
79
Section 9.5- '),Monroe County Code, is hereby created to r
follows:
Hydrologic cycle means the cycle of evaporation and
precipitation of moisture between the earth and the
atmosphere.
STM29
Section 9.5-4(H- )
Section 9.5-4(H- ), Monroe County Code, is hereby created to read as
follows:
Hydroperiod means the cyclic changes (daily or seasonal)
in the amount of water in a wetland or deep water
habitat.
STM30
Section 9.5-4(I- )
Section 9.574(I- ), Monroe County Code, is hereby created to read as
follows:
Impervious surface means a surface which does not allow,
or minimally allows, the penetration of water; included
as examples are building roofs, normal concrete and
asphalt pavements, and some fine grained soils, such as
clays.
STM31
Section 9.5-4(I- )
Section 9.5-4(I- ), Monroe County Code, is hereby created to read as
follows:
Indirect discharge means release of stormwater from a
system by means other than a control structure, e.g.
spreader swale, sheet flow.
STM32
Section 9.5-4(I- )
Section 9.5-4(I- ), Monroe County Code, is hereby created to read as
follows:
Isolated wetlands means those areas dominated by wetland
plant species pursuant to chapter 17-4.022, F.A.C.,
exclusive of provisions requiring continuity with surface
waters as defined in Section 403.031, F.S.
STM34
Section 9.5-4(M- )
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
Maintenance means that action taken to restore or
preserve the functional intent of any facility or system.
STM35 Section 9.5-4(N- )
Section 9.5-4(N- ), Monroe County Code, is hereby created to read as
:H
follows:
Natural biological systems mean those predominantly
consisting of or using those communities of plants,
animals, and bacteria which occur indigenously on land,
in the soil, or in the water.
STM36
Section 9.5-4(N- )
Section 9.5-4(N- ), Monroe County Code, is hereby created to read as
follows:
Natural water flow pattern means the rate, volume and
direction of surface or ground water flow occuring under
natural (daily and seasonal) conditions before
development.
STM37
Section 9.5-4(0- )
Section 9.5-4(0- ), Monroe County Code, is hereby created to read as
follows:
Operational entity means an acceptable, legally -bound,
responsible organization which agrees to operate and
maintain the surface water management system.
STM38
Section 9.5-4(P- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
Predevelopment condition for stormwater runoff means
topography, vegetation, rate, volume, direction and
pollution load of surface or groundwater flow existing
immediately prior to development.
Section 9.5-4(P- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
Project means improvements to a site proposed on a
particular land area which may be part of a common plan
of development; improvements shall include the
subdivision of land.
STM40
Section 9.5-4(P- )
Section 9.5-4(P- ), Monroe County Code, is hereby created to read as
follows:
Project initiation means all acts antecedent to actual
construction activities and includes, permit applications
and development.
STM41 Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
81
follows:
Rate means volume per unit of time.
STM42
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
Receiving body of water means a waterbody, water course,
or wetland to which surface or discharge water flows.
STM43
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
Recharge means refilling an aquifer by rainfall and
infiltration either naturally or artificially.
STM44
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
Record drawing, stormwater management, means the system
plans specifying the locations, dimensions, elevations,
capacities, and capabilities of structures or facilities
for controlling runoff as they have been constructed as
submitted by the project contractor or engineer, as
appropriate.
STM45
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
Retention means the storage of a specific volume of
stormwater runoff within a defined area having no direct
discharge into receiving waters; included as examples are
systems which discharge through percolation, filtered
bleed -down and evaporation processes.
STM46
Section 9.5-4(R- )
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
Runoff coefficient (c) means the standardized factor from
which runoff can be calculated.
STM47 Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
82
iment means solid material which subsid the
buttom of a water body.
STM48
Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Spreader swale means a ditch positioned parallel to the
receiving water body which allows for indirect discharge
of stormwater in excess of the retained or detained
volume.
STM49
Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Storm event means the occurance of a rainfall of
specified frequency and duration, e.g. twenty-five
(25)-year, or three (3)-day storm.
STM50
Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Stormwater runoff means that volume of rainfall which
does not percolate into the ground, nor evaporates, nor
is intercepted before reaching the stormwater management
system.
STM51
Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Stormwater management plan means the detailed analysis
describing how the rainfall control system for the
proposed development has been planned, designed, and will
be constructed to meet the requirements of these
regulations.
STM52
Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Stormwater management system means the natural and
constructed features of the property which are designed
to treat, collect, convey, channel, hold, inhibit, or
diver the movement of surface water.
STM53 Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
83
`ace water see waterbody.
STM54 Section 9.5-4(S- )
Section 9.5-4(S- ), Monroe County Code, is hereby created to read as
follows:
Swale means a shallow constructed ditch with the bottom
above the water table.
STM55
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Waterbody or surface water means a natural or artificial
watercourse, pond, bay, and coastal waters of Monroe
County extending to a landward limit defined by chapter
17-4.022, F.A.C., and Section 403.031, F.S.
STM56
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Water(s) or community water means all water on or beneath
the surface of the ground, including the water in any
watercourse, waterbody or wetland.
STK57
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Watershed means a catchment area which is otherwise
draining to a watercourse or contributing flow to a body
of water.
V�V-
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Water detention facility means a stormwater management
facility which provides for the delay of movement or flow
of a specified volume of stormwater for a specified
period of time.
STM59
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Water retention facility means a stormwater management
facility which provides for storage of a specified volume
of stormwater without discharge from the retention
structure.
84
Section 9.5-4(W-
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Water table means the boundary between the zone of
saturation and the zone of aeration; it varies with such
factors as tide and the amount of rainfall.
STM61
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Wet detention means the delay of stormwater runoff prior
to discharge into receiving waters in a structure with a
bottom elevation below the water table or control
elevation.
STM62
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Wet retention means the prevention of stormwater runoff
from direct discharge into receiving waters in a
structure with a bottom elevation below the water table
or control elevation.
STM63
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Wet season water table means the groundwater level during
the time of year when the greatest amount of rainfall
normally occurs.
STM64
Section 9.5-4(W- )
Section 9.5-4(W- ), Monroe County Code, is hereby created to read as
follows:
Wetlands: (as defined by Section 403.911, Florida
Statutes).
TA1
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) (AICUZ) air installations compatible use zones
means a program to protect the public's safety, health
and welfare while forestalling degradation to the
operational capability of military air installations.
The main intent of the AICUZ program is to ensure that
development of surrounding lands will be compatible with
the noise levels and accident potential associatedf with
airport operations.
85
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Aircraft means any motor vehicle or contrivance now
known, or hereafter invented, which is used or designed
for navigation of or flight in the air, except a
parachute or other contrivance designed for such
navigation but used primarily as safety equipment.
TA3
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport means any area of land or water, or any
man-made object or facility located theron, which is
used, or intended for use, for the landing and takeoff of
aircraft, and any appurtenant areas which are used, or
intended for use, for airport buildings or other airport
facilities or rights -of -way, together with all airport
buildings and facilities located thereon. There are both
public and private airports which are diferentiated as
follows:
TA4
(a) Public airport is publicly- or privately -owned,
meets minimum safety and service standards and
is open for use by the public;
(b) Private airport is an airport, public- or
privately -owned, which is available for use by
invitation of the licensee. Services may be
provided if authorized by the Florida Depart-
ment of Transportation.
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport elevation shall mean the highest point of
an airport's useable landing area measured in feet above
mean sea level (MSL).
TA5
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport hazard means any structure, object, or
natural growth, or use of land which obstructs the
airspace required for the flight of aircraft in landing
or taking off at an airport or which is otherwise
hazardous to such landing or taking off.
TA6
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport height means the vertical distance from
mean sea level (MSL) for the purpose of determining the
it in all zones set forth in the airpoi ;trict
unless otherwise specified.
TV
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airspace obstruction height shall mean the maximum
vertical elevation of the highest part of any object or
structure, including mechanical equipment, chimneys,
spires, steeples, radio or television antenna, flag
poles, solar apparatus, utility poles, and trees or
landscaping with respect to the nearest airport runway
threshold elevation.
TA8
Section 9.5-4
Section 9.5-4(A- ), Monroe County Code, is hereby created to read as
follows:
(A- ) Airport overlay zone means that zone which extends
above and beyond immediate airport property boundaries
and is defined in this chapter for public, private and
military airports.
TC1
Section 9.5-4
Section 9.5-4(C- ), Monroe County Code, is hereby created to read as
follows:
(C- ) Control zone means the airspace extending upward
from the surface of the earth which may include one or
more airports and is normally a circular area of five (5)
statute miles in radius, with extensions where necessary
to include instrument approach and departure paths.
TD1
Section 9.5-4
Section 9.5-4(D- ), Monroe County Code, is hereby created to read as
follows:
(D- ) Decision height means the height at which a
decision must be made, during ILS instrument approach, to
either continue the approach or to execute a missed
approach.
TI1
Section 9.5-4
Section 9.5-4(I- ), Monroe County Code, is hereby created to read as
follows:
(I- ) Instrument runway means a runway having an existing
instrument approach procedure utilizing air navigation
facilities or area -type navigation equipment, for which
an instrument approach procedure has been approved or
planned.
TM1
Section 9.5-4
87
Section 9.5• ), Monroe County Code, is hereby created to is
follows:
(M- ) Minimum descent altitude means the lowest altitude,
expressed in feet above mean sea level (MSL), to which
descent is authorized on final approach or during
circle -to -land maneuvering in execution of a standard
instrument approach procedure, where no electronic glide
slope is provided.
TM2
Section 9.5-4
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
(M- ) Minimum enroute altitude means the altitude in
effect between radio fixes which assures acceptable
navigational signal coverage and meets obstruction
clearance requirements between those fixes.
TM3
Section 9.5-4
Section 9.5-4(M- ), Monroe County Code, is hereby created to read as
follows:
(M- ) Minimum obstruction clearance altitude means the
specified altitude in effect between radio fixes on VOR
airways, off -airway routes or route segments which meets
obstruction clearance requirements for the entire route
segment and which assures acceptable navigational signal
coverage only within twenty-two (22) miles of a VOR.
TR1
Section 9.5-4
Section 9.5-4(R- ), Monroe County Code, is hereby created to read as
follows:
(R- ) Runway means a defined area on an airport prepared
for landing and take -off of aircraft along its length.
TV1
Section 9.5-4
Section 9.5-4(V- ), Monroe County Code, is hereby created to read as
follows:
(V- ) Visual runway means a runway intended solely for
the operation of aircraft using visual approach
procedures, with no straight -in instrument approach
procedure and no instrument designation indicated on a
FAA -approved airport layout plan, a military
services -approved military airport layout plan, or by any
planning document submitted to the FAA by competent
authority.
88
M GOUNT y c
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
tigOE CUUNTV F.C�
Oannp 1. Ralbage
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
July 14, 1989
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, Florida 32301
Dear Mrs. Cloud:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852.9253
P, /3� -//Z3
Enclosed please find a certified copy of Ordinance
No. 019-1989 adopting and ratifying certain Text Amendments
pertaining to the Monroe County Land Development Regula-
tions; etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Special Meeting in formal
session on July 5, 1989.
Please file for record.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board o ounty Commissioners
By:
Rosalie L. C nnolly, D uty Clerk
cc: Mayor Michael Puto
Commissioner Wilhelmina Harvey
Commissioner Douglas Jones
Commissioner Eugene Lytton
Commissioner John Stormont
County Attorney Randy Ludacer
County Administrator Tom Brown
Asst. Co. Admin. Don Craig
File
I
•SENQER: Complete items 1 and 2 when additional services are desired, and complete Items 3
and ..
Put your4iddress In the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card frorm being returned to you. The return recelot tee will' provide you the name of the person
v f For additional fees the following services are available. Consult
postmastgr for fees and check box es for additional service(s) requested.
1. Cl =Show to whorn.del ivered,'date, and addressee's address. 2. ❑ Restricted Delivery
t (Extra charge)t t (Extra charge)t
3. Article Addressed'to� 4. Article Number
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� in signature of addressee
C71S0 or agent and DATE DELIVERED.
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X requested and fee paid)
6. Signature — Agent
?a
X
7. Date of Delivery
PS Form 3811, Max. 1987 ,t U.S.G.P. . 1 y-17s 26a DOMESTIC RETURN RECEIPT
P 027 136 123
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
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P O., St to and ZIP Cod
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P stm or D��
1�89G
IL
FLORIDA DEPARTMENT OF STATE
Jim Smith
Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
July 17, 1989
Honorable Danny L. Kolhage
Clerk of Circuit Court & Ex-Officio Clerk to BCC
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Rosalie L. Connolly, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge:
1. Receipt of letter/s of July 14, 1989
and certified copy/ies of Monroe
County Ordinance(s) Numbers 89-19, 89-20, 89-21, together
with Resolution No. 89-406
2. Receipt of County Ordinance(s)
relative to:
(a)
which we have numbered
(b)
which we have numbered
3. We have filed this/these ordinances in this office
on July 17, 1989. (2:56 pm)
4. The original/duplicate copy/ies showing the filing date
is/are being returned for your records.
Sincerely,
Liz Cl"did, Chief UVV'*-
Bureau of Administrative Code
LC / mb
cc: Dept. of Community Affairs
r brouNr),
.... uG ,n �
J:y
:f
qUE COUNT•1.
�Dannp IL. Rotbage
BRANCH OFFICE CLERK OF THE. CIRCUIT COURT
3117 OVERSEAS HIGHWAY MONROE COUNTY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET
TEL. (305) 743-9036 KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
May 21, 1990
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. John Welch
Municipal Code Corporation
Post Office Box 2235
Tallahassee, FL 32304
Dear Mr. Welch:
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-9253
Enclosed for your handling is a certified copy of
Ordinance No. 019-1989 adopting and ratifying certain Text
Amendments pertaining to the Monroe County Land Development
Regulations, etc.
This Ordinance was adopted by the Monroe County
Board of County Commissioners at a Special Meeting in formal
session on July 5, 1989.
Very truly yours,
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board o County Commissioners
By: 4.4 0-��
Rosalie L. C16nnolly,7puty, Clerk
cc: Dianne Bair,
Growth Management Division
File -2