Ordinance 042-2007
Suzanne A. Hutton, County Attorney"
Robert B. Shillinger, Chief Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney **
Natileene W. Cassel, Assistant County Attorney
Cynthia L. Hall, Assistant County Attorney
Christine Limbert-Barrows, Assistant County Attorney
("~ ,~".--
BOARD OF COUNTY COMMISSIONERS
Mayor, Charles "Sonny" McCoy, District 3
Mayor Pro Tem Mario Di Gennaro, District 4
Dixie M. Spehar, District 1
George Neugent, District 2
Sylvia J. Murphy, District 5
OKYv~ErY ~~~~~~E
(305) 294-4641
Office of the County Attorney
1111 12'h Street, Suite 408
Key West, FL 33040
(305) 292-3470 - Phone
(305) 292-3516 - Fax
** Board Certified in City, County & Local Gave law
MEMORANDUM
TO: Danny L. Kolhage
Clerk of the Court
FROM: Susan M. Grimsley
Assistant County Attorney
DATE: March 25, 2008
SUBJECT: Ordinance 042-2007
*************************************
A public hearing was held on November 14, 2007, by the Board of County
Commissioners for passage of an ordinance concerning seasonal transient units. A vote was
taken and it passed with changes. It was numbered by the Clerk as 042-2007.
By statute, this ordinance which changed conditional uses in a particular zoning district
required two public hearings. It was noticed and heard again, as amended, on January 16,2008,
and was giv(:n a new number.
Ordinance 042-2007 was not validly enacted. It was not executed, was not effective, and
was not sent to the Secretary of State or for codification. Ordinance 01-2008 is the validly
adopted version of the ordinance as passed by the Board of County Commissioners.
COUNTY COMMISSION ORDINANCE NO. 042-2007
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO THE TEXT OF THE
FOLLOWING SECTIONS OF THE MONROE COUNTY CODE;
AMENDING SECTION 9.5-4 BY ADDING A DEFINITION FOR
SEASONAL RESIDENTIAL UNIT(S-2.1), INCLUDING IN THE
m:FINITION OF TRANSIENT RESIDENTIAL UNIT (T-4) SEASONAL
ro:SIDENTIAL UNIT AND ADDING A DEFINITION OF TRANSITIONAL
ro:CREATIONAL VEHICLE UNIT (T-4.1); AMENDING SEC. 9.5-215 BY
ADDING THE USE OF SEASONAL RESIDENTIAL UNIT TO THE
PURPOSE OF THE RV LAND USE DISTRICT; AMENDING SECTION
9.5-244 BY ADDING THE SEASONAL RESIDENTIAL UNIT AS A MINOR
CONDITIONAL USE IN THE RV LAND USE DISTRICT; PROVIDING
GENERAL REQUIREMENTS FOR APPROVAL OF SEASONAL UNITS
WITHIN THE RV DISTRICT; PROVIDING FOR CODIFICATION,
SEVERABILITY AND REPEAL OF INCONSISTENT PROVISIONS;
PROVIDING FOR FORWARDING OF THIS ORDINANCE TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, There are a total of 11 RV land use districts in unincorporated
Momoe County containing a total of658 RV spaces and 197 acres;
WHEREAS, Momoe County recognizes the need for additional flexibility
within the RV land use district to accommodate traditional seasonal residents;
WHEREAS, Historically the RV land use district has provided this flexibility;
WHEREAS, Momoe County recognizes the need for flexibility within the
transient use category to provide a seasonal occupancy;
WHEREAS, RV space owners desire the ability to construct new or convert
existing buildings into permanent structures for personal seasonal use; and
WHEREAS, Momoe County wishes to preserve this seasonal type of use in
the RV land use district; and
WHEREAS, The Development Review Committee convened on July 24th and
August 6'\ 2007 to review the proposed text amendment and duly considered
comments and recommendations made by staff and the public; and
WHEREAS, On September 12, 2007 the Planning Commission heard the
proposed text amendment in Marathon and continued it for a second hearing on
September 26, 2007 in Key Largo, and in due consideration of public testimony and
the: recommendations made by staff at both hearings, the text amendments were
reeommended for adoption with minor revisions for clarification purposes only; and
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NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS, THAT:
Section 1. Section 9.5-4 is hereby amended as follows:
Sec. 9.5-4 Definitions
*****
(8-2.1 ) Seasonal residential unit is a transient residential unit with one (I) or more
rooms, toilet facilities, and kitchen physically arranged to create a housekeeping
establishment for occupancy by one (I) family, with tenancies not to exceed 180
consecutive days.
*****
(T -4) Transient residential unit means a dwelling unit used for transient housing such
as hotel or motel room, seasonal residential unit, or space for parking a recreational
vlehicle or travel trailer.
(T-4.1) Transitional recreational vehicle unit is a recreational vehicle unit identified
for conversion from a recreational vehicle to a seasonal residential unit within an
approved development agreement with Monroe County establishing a phased
transition from a traditional recreational vehicle park to a seasonal residential use.
Section 2. Section 9.5-215 is hereby amended as follows:
Sec. 9.5-215 Pnrpose of the Recreational Vehicle District (RV)
The purpose of the RV districts is to establish areas suitable for the development of
destination resorts for recreational vehicles 1!lld other transient units such as seasonal
residential units.
Section :t Section 9.5 - 244 is hereby amended as follows:
Sf'C. 9.5-244 Recreational Vehicle District (RV).
(a) The following uses are permitted as of right in the Recreational Vehicle District:
(I) Recreational vehicle spaces. RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a
specific, individual recreational vehicle, for a term of less than twenty-eight
(28) days, but placement of a specific, individual recreational vehicle
(regardless of vehicle type or size) within a particular RV park for occupancies
or tenancies of six (6) months or more is prohibited. Recreational vehicles may
be stored, but not occupied, for periods of six (6) months or greater only in an
approved RV storage area (designated on a site plan approved by the director of
planning) or in another appropriate district that allows storage of recreational
vehicles. RV storage areas must meet all land development regulations,
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floodplain management regulations and building code requirements for storage
of recreational vehicles.
(2) Commercial retail uses ofless than twenty-five hundred (2,500) square feet
of floor area; and
(3) Accessory uses, including permanent ownerl employee residential dwelling
units. No more than one (1) permanent residential unit per three (3) RV spaces
up to ten (10) percent of total spaces allowed or in existence.
(4) Collocations on existing antenna-supporting structures, pursuant to article
VII, Division 16, section 9.5-434.5(c) "Collocations on existing supporting
structure."
(5) Satellite earth stations less than two (2) meters in diameter, as accessory
uses, pursuant to article VII, division 16, section 9.5-434.5(f) "Satellite earth
stations. "
(b) The following use is permitted as a minor conditional use in the recreational
V (:hicle District, subj ect to the standards and procedures set forth in article Ill,
division 3:
(1) Hotels providing less than fifty rooms, provided that:
a. The use is compatible with established land uses in the immediate
vicinity; and
b. One or more of the following amenities are available to guests;
1. Swimming pool;
11. Marina; and
111. Tennis court.
(2) Attached or detached seasonal residential units, provided that:
a. All units within the RV land use district shall be subject to the terms
and conditions of a Development Agreement as defined in 9.5-101,
9.5-102 and further defined below.
b. The units meet all land development regulations, floodplain
management regulations, building code, and life safety requirements
for the development of transient structures;
c. The development of seasonal residential units shall occur only in gated
RV parks with a managing entity responsible for evacuation.
d. The proposed site is subject to an approved development agreement
with Monroe County detailing at a minimum:
1. All proposed transitional recreational vehicle units;
Pagd of 6
H. A proposed site plan;
HI. A design strategy demonstrating separation of transient unit
types on the property for life safety as well as design that is
consistent with community character, and any applicable
Monroe County design guidelines;
IV. A statement of commitment for the park to adhere to transient
evacuation regulations;
v. A phasing plan, as appropriate, detailing timelines for project
completion;
VI. Access to US I is by way of:
1. an existing curb cut;
ii. a signalized intersection; or
HI. a curb cut that is separated from any other curb cut on
the same side of US I by at least four hundred (400)
feet.
(3) Parks and community parks;
(4) Replacement ofan existing antenna-supporting structure pursuant to article
VII, division 16, section 9.5-434.5(b) "Replacement of an existing antenna-
supporting structure;"
(5) Attached wireless communications facilities, as accessory uses, pursuant to
article
VII, division 16, section 9.5-434.5(d) "Attached wireless communications
facilities;"
(6) Stealth wireless communications facilities, as accessory uses, pursuant to
article VII, division 16, section 9.5-434.5(e) "Stealth wireless communications
facilities;" and
(7) Satellite earth stations greater than or equal to two (2) meters in diameter,
as accessory uses, pursuant to article VII, division 16, section 9.5-434.5(f)
"Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the Recreational Vehicle
District, subject to the standards and procedures set forth in article III, division 3:
(I) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises; and
b. Access to US I is by way of:
i. an existing curb cut;
ii. a signalized intersection;
iii. a curb cut that is separated from any other curb cut on the
same side of US 1 by at least four hundred (400) feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four
(4) feet below mean seas-level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving
and sport fishing products;
c. Vessels docked or stored shall not be used for live-aboard purposes;
Page 4 of6
d. All outside storage areas are screened from adjacent uses by a solid
fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C buffer-yard.
(3) Reserved
(4) Land use overlays, A, E, INS, PF, subject to provisions of section 9.5-257.
(5) Wastewater treatment facility and wastewater treatment collection
systems(s) serving (a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection
system( s) is (are) in compliance with all federal, state, and local requirements;
and
b. The wastewater treatment facility, wastewater treatment collection
system( s) and accessory uses shall be screened by structures( s) designed to be
architecturally consistent with the character of the surrounding community and
minimize the impact of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in article VII,
division 10, a planting bed, eight (8) feet in width, to be measured
perpendicular to the exterior ofthe screening structure shall be established with
the following:
1. One native canopy tree for every twenty-five (25) linear feet of
screening structure and one understory tree for every ten (10)
linear feet of screening structure; and
ll. The required trees shall be evenly distributed throughout the
planting bed; and
111. The planting bed shall be installed as set forth in article VII,
division 10 and maintained in perpetuity; and
IV. A solid fence may be required upon determination by the
planning director.
Section 4. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of
any part.
Section 5. Repeal of Conflicting Provisions. The provisions of the Monroe County Code
and all Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
Section 6. Inclusion in the Code. The provisions of this ordinance shall be included and
incorporated in the Code of Ordinances of Monroe County, Florida as an addition or
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amendment thereto, and shall be appropriately numbered to conform to the uniform number
system ofthe Code.
Section 7. Approval by the State Department of Community Affairs. The provisions of
this Ordinance constitute a "land development regulation" as State law defines that term.
Accordingly, the Monroe County Clerk is authorized to forward a copy of this Ordinance to
the State Department of Community Affairs for approval pursuant to Sections 380.05(6) and
(II), Florida Statutes and to the Secretary of State for the State of Florida, as required.
Section 8. Effective Date. This Ordinance shall be effective immediately upon approval by
the State Department of Community Affairs pursuant to Chapter 380, Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said Board on the ~day OfNnvF!mheT2007.
Mayor Charles "Sonny" McCoy
Mayor Pro Tern Dixie M. Spehar
Commissioner Mario DiGennaro
Commissioner George Neugent
Commissioner Sylvia Murphy
Yes
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Yes
-----No.--
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BOARD OF
COMMISSIONERS OF
COUNTY, FLO~A\\
By: ~
COUNTY
MONROE
Mayor Charles "Sonny" McCoy
ATTEST: Danny L. Kolhage, CLERK
By:
~~~Q.Iik)6~
Deputy Clerk
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