Ordinance 041A-1999
041A
ORDINANCE NO. -1999
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS RECOMMENDING APPROVAL
OF THE REQUEST BY TOM HORACHEK As AGENT FOR
PROPERTY OWNERS OF THE NORTH SIDE OF CONCH
KEY, TO AMEND SECTION 9.5-247 OF THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS TO
INCLUDE VACATION RENTALS AS A PERMITTED USE IN
THE CFSD-16 ZONING DISTRICT, LOCATED AT MM 63 OF
U.S. HIGHWAY NO. 1.
WHEREAS, during a regular meeting held on September 9, 1999, the Board of
County Commissioners considered the request filed by Tom Horachek as agent for
property owners of Conch Key north, to amend the text of Section 9.5-247 of the
Momoe County Land Development Regulations (LDRs) to allow short term vacation
rentals in the CFSD-16 zoning district, which encompasses all of Conch Key, located at
MM 63 ofD.S. Highway No. 1.
WHEREAS, the Planning and Environmental Resources Department as well as
the Development Review Committee and Planning Commission have recommended
approval of the request; and
WHEREAS, the Board of County Commissioners has made the following
Findings of Fact:
1. Conch Key is zoned Commercial Fishing Special District (CFSD-16).
2. Monroe County's new vacation rental ordinance (Ordinance #004-1997) regulates
the location of short term vacation rentals in the county and prohibits vacation
rentals and any tenancies of less than 28 days in Commercial Fishing Special
Districts.
3. Section 9.5-511 allows the Board of County Commissioners to consider adopting an
ordinance to make changes to the text of the Land Development Regulations when a
new issue arises. As Ordinance #004-1997 came into effect on December 4, 1998,
issues pertaining to this ordinance are considered new issues.
Text Amendment Ordinance
File T990 I 0
Page I of 4
.~ 1.i 'A1HOOO 30ijNOW
'~3 'aro . )410
3nVH10H '1 ANH\fO
'4 !I; IW I~ a."
.. "''' ~-' ,- ~ -
O~OOBH HO.:l 0311.:1
Initials
4. According to the applicant, 100% of the property ownerS and tenants on north
Conch Key signed a petition submitted to the Planning Department requesting an
amendment to the text of Section 9.5-247 of the Momoe County Land Development
Regulations to allow short term vacation rentals on Conch Key.
5. According to the Monroe County 2010 Comprehensive Plan (2010 Plan) Technical
Document, between 1980 and 1990 there was a decline in the commercial fishing
industry. The Mixed Use/Commercial Fishing (MCF) Future Land Use category
was established as a mechanism to ensure the maintenance and enhancement of the
traditional commercial fishery.
6. Sections 9.5-5H(d) (5) b. (iv) of the Monroe County Land Development
Regulations also prohibits any amendments to the Land Development Regulations
which would negatively impact community character.
7. Section 9.5-218 of the Monroe County Land Development Regulations indicates
that the purpose of the CFSD districts, established under the MCF Future Land Use
category, is to establish areas where various aspects of commercial fishing have
been traditionally carried out, while prohibiting the establishment of additional
commercial fishing uses which are inconsistent with the natural environment,
immediate vicinity or community character of the area.
8. The mix of residential land uses and commercial land uses that comprise the
working landscape of Conch Key, the historical stilt and Conch houses among
various other housing styles, and the decorative use of marine-related objects creates
a sense of place that is unique to the Conch Key fishing community.
9. Based on the petition signed by property owners and tenants of north Conch Key
and the testimony of Tom Horacheck, vacation rentals would not create any adverse
impacts on the character ofthe Conch Key community.
10. The short term vacation rentals can provide a revenue source to Conch Key property
owners to subsidize fishing revenues and thus support the commercial fishery,
thereby maintaining the unique character of Conch Key.
11. Provisions of Section 9.5-534, Tourist Housing and Vacation Rentals requires
that site design and other conditions be met before a special use permit can be
issued.
12. Objective 101.11 states that Monroe County shall ensure that at the time a
development permit is issued, adequate public facilities are available to serve the
development at the adopted level of service standards concurrent with the impacts of
such development.
Text Amendment Ordinance
File T9901 0
Page 2 of 4
Initials
13. The 1998 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding
immediate impacts on public facilities.
14. Goal 102 of the 2010 Plan states that Momoe County shall direct future growth to
lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
15. The habitat on Conch Key is disturbed.
WHEREAS, the Board of County Commissioners makes the following
Conclusions of Law:
1. This text amendment meets the criteria outlined in Section 9.5-511 (d) (5) b. (iv)
and the requirements of Section 9.5-218 of the Monroe County Land Development
Regulations and will not negatively impact or alter the character of the Conch Key
community (Findings 4 and 6 to 11).
2. The proposed text amendment is not in conflict with the stated purpose of CFS
districts in Section 9.5-218, as it is not a competitive use to the existing commercial
fishery (Findings 5, 6 and 10).
3. The proposed text amendment supports Objective 101.11 based on the findings of
the 1997 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater. There are no significant concerns regarding immediate
impacts on public facilities (Findings 12 and 13).
4. The proposed text amendment supports and is consistent with Goal 102 of the 2010
Plan as it will not have any significant impacts on the natural environment (Findings
14 and 15).
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1. This Board specifically adopts the findings of fact and conclusions of law
stated above.
Section 2. Section 9.5-247 (P) of the Monroe County Land Development Regulations
(LDRs) shall be amended as shown in Exhibit 1 in strikethrough and underline format,
attached to this document.
Text Amendment Ordinance
File T990 1 0
Page 3 of 4
Initials
Section 3. If any section, subsection, sentence, clause, item, change or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by such
invalidity.
Section 4. The Planning Director shall transmit this ordinance to the Department of
Community Affairs for consistency review.
Section 5. This ordinance shall not become effective until the Department of
Community Affairs issues a final order approving it.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting held on the 14th of October, 1999.
Mayor Harvey ye s
Mayor Pro Tem Freeman yes
Commissioner Neugent yes
Commissioner Reich ye s
Commissioner Williams yes
Text Amendment Ordinance
File T99010
Page 4 of 4
BOARD OF COUNTY
COMMISSIONERS OF MONROE
COUNTY, FLORIDA
BY~~ I>-~
Mayor Harvey
Initials
Exhibit 1
Sec. 9.5-246. Commercial Fishing Village District.
(a) The following uses are permitted as of right in the Commercial
Fishing Village District:
(1) Commercial fishing;
(2) Detached dwellings;
(3) Accessory uses.
(b) The following uses are permitted as minor conditional uses in
the Commercial Fishing Village District, subject to the standards and
procedures set forth in article III, division 3:
(1) Attached dwellings, provided that the structures are separated
from the existing detached dwellings by one hundred (100) feet
or a class D bufferyard. (Ord. No. 33-1986)
Sec. 9.5-247. Commercial Fishing Special Districts.
The following uses are permitted as of right in the Commercial Fishing
Special Districts:
(a) CFSD 1 (Located on Big Pine):
(1) Subject to a limitation on traffic access so as not to interfere with
u.S. 1 at the bridge ramp, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to a limitation on traffic access so as not to interfere with
u.S. 1 at the bridge ramp, as a minor conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 1 of 15
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(b) CFSD 2 (Located on No Name Key):
(1) As of right:
a. Commercial fishing, excluding processing and packaging as
well as trap storage and construction by persons other than
residents of the district;
b. Detached dwellings;
c. Accessory uses;
(2) As a minor conditional use:
a. Attached dwellings, provided that the structures are separated
from existing detached dwellings by one hundred (100) feet
or a class D bufferyard.
(c) CFSD 3 (Located on Coco Plum):
(1) Subject to a prohibition on boat access on the west side where
the water depths are less than four (4) feet ML Wand the
provision of a class C bufferyard along Coco Plum Boulevard,
as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to a prohibition on boat access on the west side where
the water depths are less than four (4) feet MLW and the
provision of a class C bufferyard along Coco Plum Boulevard,
as a minor conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 2 of 15
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(d) CFSD 4 (Located on Long Key):
(1) As of right:
a. Repair, maintenance and storage of traps.
(e) CFSD 5 (Located on Key Largo):
(1) Subject to the bufferyard requirements of division 11 of this
article, section 9.5-375 through section 9.5-381, for any
nonresidential uses within the CFSD-5 district, the following
uses are permitted as of right:
a. Uses permitted as of right in the Sub Urban Commercial
District (section 9.5-235(a)), subject to the density, intensity,
open space, and bulk regulation requirements applicable to
those uses in the Sub Urban Commercial District, except for
commercial recreational uses (section 9.5-235 (a)(4);
b. Commercial fishing;
c. Fish houses (defined as commercial establishments that buy
and sell, at wholesale and/or retail, seafood products, bait,
ice, fuel, and other products and services required by the
commercial fishing industry);
d. Detached dwellings;
e. Restaurants under twenty-five hundred (2,500) square feet,
subject to the intensity, open space, and bulk regulation
requirements applicable to such use in the Sub Urban
Commercial District;
f. Accessory uses;
g. Attached dwellings of less than six (6) units subject to the
density, open space, and bulk regulation requirements
applicable to such use in the Sub Urban Commercial District;
and
h. Marine repair services, including engine and fishing gear
repair, provided that such uses are intended to serve the needs
of the commercial fishing industry.
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 3 of 15
(2) The following uses are permitted as minor conditional uses in
Commercial Fishing Special District 5, subject to the standards
and procedures set forth in article III, division 3, section 9.5-61
et seq.:
a. Uses permitted in Sub Urban Commercial Districts as minor
conditional uses (section 9.5-235(b)), subject to the density,
intensity, open space, and bulk regulation requirements
applicable to such uses in the Sub Urban Commercial
District; except for commercial uses of high intensity of less
than twenty-five hundred (2,500) feet in floor area (section
9.5-235(b)(2), hotels of fewer than twenty-five (25) rooms
(section 9.5-35(b)(5)), campgrounds (section 9.5-235(b)(6)),
and light industrial uses (section 9.5-235(b)(7)).
b. Restaurants greater than twenty-five hundred (2,500) square
feet in floor area, subject to the intensity, open space, and
bulk regulations requirements applicable to such use in the
Sub Urban Commercial District.
(3) Marinas and boat chartering, charter boat fishing, and dock
leasing are permitted as major conditional uses in Commercial
Fishing Special District 5.
a. The parcel proposed for development has access to water at
least four (4) feet below mean sea 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 liveaboard
purposes, except when a permitted sewage pump-out facility
is available on-site, and where the waste is treated in a
permitted sewage treatment facility.
d. All outside storage areas are screened from adjacent
residential uses by a solid fence, wall or hedge at least six (6)
feet in height.
e. The parcel proposed for development is separated from any
established residential use by a class D bufferyard.
f. If marina slips are leased on any basis longer than month-to-
month, marinas in Commercial Fishing Special District 5
shall lease at least twenty (20) percent of their docking slips
on a month-to-month basis, and commercial fishing boats
shall be given priority for those slips.
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 4 of 15
g. Each marina owner or operator, for marinas in Commercial
Fishing Special District 5, shall maintain a waiting list for
commercial fishing boats and give them first priority at the end
of each one-month leasing period.
h. The following message shall be posted on one (1) 2-foot by 4-
foot sign, on the seaward end of the most visible pier or
mooring, and on the landward end of each pier, at each marina
in Commercial Fishing Special District 5:
FISHING BOATS
If you have problems finding dockage or if you have questions,
contact:
Name:
Phone No.
(f) CFSD 6 (Located on Boca Chica):
(1) Subject to the navigational marking of channels, as of right:
a. Commercial fishing;
b. Accessory equipment;
(2) Subject to navigational marking of channels, as a minor
conditional use:
a. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
b. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(g) CFSD 7 (Located on Boca Chica):
(1 ) As of right:
a. Boat building, repair and storage;
b. Maritime oriented commercial retail uses of less than five
thousand (5,000) square feet of floor area;
c. Maritime oriented office uses of less than five thousand
(5,000) square feet of floor area;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 5 of 15
d. Light and heavy marine-oriented industrial uses;
e. Commercial fishing;
f. Manufacture, assembly, repair, maintenance, and storage of
traps, nets and other fishing equipment;
g. Institutional uses;
h. Public buildings and uses;
1. Accessory uses;
(2) As a minor conditional use:
a. Marinas, provided that there are no liveaboards;
b. Maritime-oriented commercial retail and office uses or any
combination thereof of greater than five thousand (5,000) but
less than twenty thousand (20,000) square feet of floor area;
(3) As a major conditional use:
a. Heliports, provided that:
(i) The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
and
(ii) The use is fenced or otherwise secured from entry by
unauthorized persons.
(h) CFSD 8 (Located on Big Pine):
(1) Subject to the provision of a class C bufferyard along the
boundary of the district with a residential district, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to the provision of a class C bufferyard along the
boundary of the district with a residential district, as a minor
conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 6 of 15
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(i) CFSD 9 (Located on Lower Matecumbe):
(1) As of right:
a. Repair, maintenance and storage of traps.
G) CFSD10 (Located on Lower Matecumbe):
(1) As of right:
a. Manufacture, assembly, repair, maintenance and storage of
traps;
b. Single-family detached dwellings.
(k) CFSD 11 (Located on Upper Matecumbe):
(1) As of right:
a. Commercial vessel docking;
b. Manufacture, assembly, repair, maintenance and storage of
traps and other fishing equipment.
(I) CFSD 12 (Located on Big Pine):
(1) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as of right:
a. Commercial fishing, excluding processing and packaging as
well as trap storage and construction by persons other than
residents of the district;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the structures are separated
from existing detached dwellings by one hundred (100) feet
or a class D bufferyard.
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 7 of 15
(m) CFSD 13 (Located on Summer/and Key):
(1) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry;
d. Mobile homes.
(n) CFSD 14 (Located on Marathon):
(1) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 8 of 15
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(0) CFSD 15 (Located on Marathon):
(1) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as of right:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
(2) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as a minor conditional use:
a. Attached dwellings, provided that the total floor area of
residential uses in a commercial fishing area district does not
exceed twenty-five (25) percent of the land area in the
commercial fishing area district;
b. Commercial retail, low- and medium-intensity uses, provided
that the goods and services are related to or supportive of the
commercial fishing industry;
c. Light industrial uses, including marine repair services,
provided that such uses are intended to serve the needs of the
commercial fishing industry.
(p) CFSD 16 (Located on Conch Key):
(1) CFA regulations apply per section 9.5-245;
(2) Mobile homes are permitted in addition to detached dwellings as
a matter of right.
(3) Vacation rental use if a special vacation rental permit is obtained
in accordance with section 9.5-534.
(q) CFSD 17 (Located on Old Boca Chica Road):
(1) Subject to the limitation that no use shall involve a vessel that
draws more than six (6) feet, as of right:
a. Commercial fishing;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 9 of 15
b. Manufacture, assembly, repair, maintenance and storage of
traps and nets; and
c. Vessels are restricted to outboard engines only;
(2) Subject to the limitation that no use shall involve a vessel that
draws more than two (2) feet, as a minor conditional use:
a. Detached residential dwellings provided that the total floor
area does not exceed twenty-five (25) percent of the land area
in the Commercial Fishing Special District.
(r) CFSD 18 (Located on Lower Matecumbe Key) and CFSD 19
(Located on Hog Key):
(1) Uses permitted as a matter of right:
a. Uses permitted as a matter of right in the Suburban
Commercial District (section 9.5-235(a)), subject to the
density, intensity, open space, and bulk regulation
requirements applicable to those uses in the Sub Urban
Commercial District; except for commercial recreation uses
(section 9.5-325(a)(4));
b. Commercial fishing;
c. Detached dwellings;
d. Attached dwellings of less than six (6) units, subject to the
density, open space, and bulk regulation requirements
applicable to such use in the Sub Urban Commercial District;
e. Fishing supply businesses, wholesale and retail fish houses,
marine repair services (including engine and fishing gear
repair and hauling of vessels in and out of the water);
f. Restaurants of less than twenty-five hundred (2,500) square
feet of floor areas, subject to the intensity, open space, and
bulk regulation requirements applicable to such use in the
Sub Urban Commercial District; and
g. Boat building in CFSD 19 on Hog Key only, provided that:
(i) It does not occupy more than twenty (20) percent of the
site;
(ii) Fishing boats are part of the types of boats built; and
(iii) Such facilities offer hull repair services to fishing boats.
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 10 of 15
(2) The following uses are permitted as minor conditional uses in
the Commercial Fishing Special Districts 18 and 19, subject to
the standards and procedures set forth in article III, division 3,
section 9.5-61 et seq.:
a. Uses permitted in Suburban Commercial Districts as minor
conditional uses (section 9.5-235(b)) are permitted as minor
conditional uses in the Commercial Fishing Area District,
subject to the density, intensity, open space, and bulk
regulation requirements applicable to those uses in the Sub
Urban Commercial District; except for commercial retail
uses of high intensity of less than twenty-five hundred
(2,500) square feet in floor area (section 9.5-325(b )(2),
hotels of fewer than twenty-five (25) rooms (section 9.5-
235 (b)(5)), campgrounds (section 9.5-235(b)(6), and light
industrial uses (section 9.5-23 5(b )(7));
b. Restaurants over twenty-five hundred (2,500) square feet of
floor area, subject to the intensity, open space, and bulk
regulation requirements applicable to such use in the Sub
Urban Commercial District.
(3) The following uses are permitted as major conditional uses in
the Commercial Fishing Special Districts 18 and 19, subject to
the standards and procedures set forth in article III, division 3,
section 9.5-61 et seq.:
a. Marinas and boat chartering, provided that:
(i) The parcel proposed for development has access to
water at least four (4) feet below mean sea level at
mean low tide;
(ii) The sale of goods and services is limited to fuel, food,
boating, diving and sport fishing products;
(iii) Vessels docked or stored shall not be used for live-
aboard purposes, except when a permitted sewage
pump-out facility is available on-site, and where the
waste is treated in a permitted sewage treatment
facility;
(iv) All outside storage areas are screened from adjacent
residential uses by a solid fence, wall or hedge at least
six (6) feet in height;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 11 of 15
(v) The parcel proposed for development is separated
from any established residential use by a class D
bufferyard;
(vi) If marina slips are leased on any basis longer than
month-to-month, marinas in Commercial Fishing Area
Districts shall lease at least twenty (20) percent of
their docking slips on a month-to-month basis, and
commercial fishing boats shall be given priority for
those slips;
(vii) Each marina owner or operator, for marinas in
Commercial Fishing Areas, shall maintain a waiting
list for commercial fishing boats and give them first
priority at the end of each one-month leasing period;
(viii) The following message shall be posted on one (1) 2-
foot by 4-foot sign, on the seaward end of the most
visible pier or mooring, and on the landward end of
each pier, at each marina in a Commercial Fishing
Area District:
FISHING BOATS
If you have problems finding dockage or if you have
questions, contact:
Name:
Phone No.
b. Heliports in SFSD 18 on Lower Matecumbe Key only,
provided that:
(i) The helicopter is associated with a government service
facility, a law enforcement element, or a medical
services facility;
(ii) The heliport is a Federal Aviation Administration
certified landing facility, if such certification is
applicable;
(iii) The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
(iv) If there are established residential uses within five
hundred (500) feet of the parcel proposed for
development, the hours of nonemergency operation
shall be limited to daylight; and
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 12 of 15
(v) The use is fenced or otherwise secured from entry by
unauthorized persons.
(s) CFSD 20 (Located on Little Torch Key);
(1) The following uses are permitted as of right:
a. Commercial fishing;
b. Wholesale sales of catch;
c. Manufacture, assembly, repair, maintenance and storage of
traps for use by the property owners, residents, and their
respective immediate families only;
d. Fuel storage tanks of five hundred (500) gallons or less in
size, installed consistent with fire marshal standards and other
applicable safety regulations;
e. Detached dwellings;
f. Replacement of mobile homes existing as of the date of this
section;
g. Accessory uses;
h. Replacement of docks in existence as of the date of this
section, regardless of the percentage of replacement
necessary;
1. Home occupations;
j. New docks with a terminal platform of two hundred (200)
square feet or less, if in compliance with county and state
regulations.
These as of right uses, a-h listed above, are subject to the
following limitations:
a. Commercial fishing uses shall be limited to the property
owners, residents, and their respective immediate families;
b. No use shall involve a vessel that draws more than three (3)
feet of water;
c. Wholesale sales shall be limited to catch off-loaded from
vessels operated by the property owners, occupants, and their
respective immediate families.
(2) No minor or major conditional uses shall be permitted.
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 13 of 15
(3) The allocated residential density and the maximum net
residential density for this district shall be one (1) single family
dwelling unit per acre OR one (1) single family dwelling unit
per parcel for those parcels existing as of the date of this section,
whichever is less. In spite of Land use Intensity section 9.5-261,
this residential density shall be allowed in addition to the
nonresidential uses permitted above, with the floor area and
open space ratios to be determined pursuant to section 95.269.
(t) Major Conditional Uses: The following uses are permitted in
the Commercial Fishing Special Districts 3, 5, 6, 7, 8, 13, 14 and 15
as major conditional uses:
(1) Marinas and boat chartering, provided that:
a. The parcel proposed for development has access to water at
least four (4) feet below mean sea 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, except when a permitted sewage pumpout facility
is available on-site, and where the waste is treated in a
permitted sewage treatment facility;
d. All outside storage areas are screened from adjacent resident
uses by a solid fence, wall or hedge at least six (6) feet in
height;
e. The parcel proposed for development is separated from any
established residential use class D bufferyard;
f. No displacement of existing commercial fishing dockage or
area;
g. No less than fifty (50) percent of the dock area shall be
devoted exclusively to commercial fishing; and
h. No less than fifty (50) percent of the district land area shall
be utilized for other commercial fishing activities, such as the
storage and manufacture of traps;
(2) Restaurants, dive shops, and other commercial uses under
sixteen hundred (1,600) square feet per shop, provided that:
a. There is no displacement of existing commercial fishing
dockage or area;
b. No less than fifty (50) percent of the dock area shall be
devoted exclusively to commercial fishing; and
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 14 of 15
c. No less than fifty (50) percent of the district land area shall
be utilized for other commercial fishing activities, such as the
storage and manufacture of traps. Such uses shall be
considered subordinate to the existing principal commercial
fishing use, and shall only be allowed so long as the principal
fishing use remains and is integrated into the design of the
development and would reinforce the commercial fishing
industry.
(Ord. No. 26-1995, 9 1)
Annotation- The intent of the amendment to subsection (e) was to eliminate need
of access through an adjacent CF A district through the removal of the words "subject
to access through the adjacent CFA district." Subsection (m) was amended by the
addition of paragraph (2)d. Subsections (p) and (q) were added, creating CFSD #16
andCFSD#17.
Sec. 9.5-248. Mixed Use District.
(a) The following uses are permitted as of right in the Mixed Use
District:
(1) Detached residential dwellings;
(2) Commercial, retail, low- and medium-intensity and office uses,
or any combination thereof of less than twenty-five hundred
(2,500) square feet of floor area;
(3) Institutional residential uses, involving less than ten (10)
dwelling units or rooms;
(4) Commercial apartments involving less than six (6) dwelling
units;
(5) Commercial recreational uses limited to:
a. Bowling alleys;
b. Tennis and racquet ball courts;
Exhibit 1 to Ordinance
Text Amendment 99010 Approving Short Term Vacation Rentals on Conch Key
Page 15 of 15
1Dannp 1.. itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD SlREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
December 2, 1999
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find a certified copy of the following Ordinance:
Ordinance No. 041A-1999 approval of the request by Tom Horachek as agent for
property owners of the north side of Conch Key, to amend Section 9.5-247 of the Monroe
County Land Development Regulations to include vacation rentals as a permitted use in the
CFSD-16 zoning District, located at MM 63 of US Highway NO.1.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
Regular Meeting in formal session on October 13, 1999. Please file for record.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancock
Cl~
Cc: Board of County Commissioners
County Administrator
County Attorney
Growth Management
File
Z 408 337 265
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for Intemational Mail See reverse
Sent rs. Liz Cloud, Chief
Bure
III
0)
0)
~
e
s
TOTAL Postage & Fees
Postmarl< or Date
~~.
c
Is your RETURN ADDRESS c~leted on the reverse side?
J
:0
(l)
o
!I!.
:;l.
~I
0)] 01
~~ :n ~
~ l
I> !E. n
<:0-.
~)
;-if.
~ ~ .
~ ~ .
*'
N~
...
~
r
...
: ~ DO 0 0 0 en
~ c: :l> lS;!::E-g ~~ ~~~ m
~~ g.~"'$'3~a.a33 Z
- 0 0::00 - '" JJ """'-'<"2."2. C
m ...... ~CD (OCl):O" _00(1)(1) m
;:r .... -i )> ..., :l> po ~ ~ ~'Ci S; iD iD :c
PI en ;:r a. en 8: ~~ O'!= iil ffi'ffi' ..
g: 0 (I) 3 . tii ~:tJ 3 H ~
CD c: -. r- ~ !!!. '" <; II> '" -
(I) .... m::J N. (l) "2. 16 s- ::l :.. II>
_ ;:r = iii' :; ~'Q.. '" ~.!"~
"TJ~o::: o!=? ~ffi' a ~~Q
= '" - ::J'"..Q a CD Q.N
r-g ::!.o ~15s.!Z~0'
Co)'" 00< c:: <;~ s- g';;;
NO :.CD c.. "q '" s- l5:
Co) CD Ci: (') - i5g~. '" 8'
CDen-o 0 3S- -0 ~ iil
CD .... ::J a. ::r s- '" ~. ~ ~
,...COCD - "'3 JD '" '"
OCD CD gJ.!!! :<
~ ~ ~ - ~i ~ ~ ~.
o a. ~~ s- a
,... "'m. ~ 3
~ ~~ ~ '"
; ~~ :: ~
ll~ ~ a
~n: 0 ~
a.m (I) 0
:T~ g- ~
"'3 !Jl ~
9lg :J ~
CD:""' 9. 3
.,
..,
~
DO
o 3'
o ~
o tii
0.
~
'"
s-
o;.
!\) :-"
.g'~
~ ~
:< ~.
nOm
(l)::T
en_
~O
0'(1)
'0
~ ~.
(l) (l)
~:T
lll(l)
ig:
~~
!>> ,:-J ,0 0 0 ~ t
Ci;':l> O;pm:C(fl' ....
<1)8: ~wX(l) N-
1il'~ (l) ~1:JCO~ 2:
"Ow O::J CD Cirs. Q.
III en _- JJ en iii 0 (l)
a: (l) _0 '" en , (l) rH
"":::-~ iJ s: ~~ co
:l> C'"')1 -g ~ al (3 g-
o. ~ Q ~,
it, s:
en '"
en n
"0 0") iif
::l is.
~ c..o lii.
::;;<.D
~CD
c:
3:
Qi
0..
~
0..
~
::1
::;;
iii'
0.
N
~
'\
DO
:0 :l>
(l) 0.
~ ~
()" U'J
iii en
0. *
o en-
~ :l>
:;;:. 0.
(l) 0.
-< tii
en
en
Th8nk you for using Return Receipt Service.
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of COIporations
Division of Cultural Affairs .
Division of Elections
Division of Historical Resources
Division of Library and Infonnation Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach COWlty Preservation Board
Historic Pensacola Preservation Board
Historic St. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough COWlty
Preservation Board
RINGLING MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
December 7, 1999
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Ruth Ann Jantzen, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
your letter of December 2, 1999 and certified copy of Monroe County Ordinance
No. 041A-1999, which was filed in this office on December 6, 1999.
Please be advised that the Florida County Ordinance Data Retrieval System (CODRS)
Coding Form was not received for the above mentioned Ordinance.
Sincerely, ~
Liz ~hief
Bureau of Administrative Code
LC/mp
.~ ,~. ^lHnO~ 30~W~u
~3 .~'O .)f'~ 'I"
30\1H10).l '1 ANNVO
L~~jNd '~~IJ 66
aU003H HO.:l 0311.:1
BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Momoe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.jl.us
- -,-- ---,-~- - -' -- - - - ~ - - - -~ --- - - -" - -- - - -.- ------ .-..-.,-- -- - - - - - -.-.- - - - -
,
"unicipal Code Corporation
info@lajJ.lunicoc2.cOQ
PO toY. 2235
r~llaha=5ee, ~! 3231b-2235
Supp 1 ellu;nt 68
l)4 i05/2!l(!(t
We h~ve received the following ,aterial throu~r.
~ar1 copy. Thank you for your assistanrE and
(('oper at ion.
Ordinmce NoS~A'~rlj (\07,~-2(jOO,
8(1(---262-2633 fay. 850-575..'jS5? LBJ
Looking for a cU5to~er complaint tracking software
, ~~ offer B [D.pYe~en5IVe software (~Il!d fCAR
Tired of lailin~ out Codes and SUf;~lelent?
We can distribute the~ for you for a .inilal fp.p.~
T(l~
Ms. Pa~!I~ 6. Han[o(~
Deputy CIHK
iic,nroe County
~O(l !lhitel1l.!ad Str'Pt
i;~y .4est, Fl :13'w,
---------------~---------- --------.--------------
Growth Management Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Shirley Freeman, Dist. 3
Mayor Pro Tem George Neugent, Dist. 2
Commissioner Wilhelmina Harvey, Dist. I
Commissioner Nora Williams, Dist. 4
Commissioner Mary Kay Reich, Dist. 5
March 8, 2000
VIA CERTIFIED MAIL - RETURN RECEIPT REOUESTED
Municipal Code Corporation
Supplement Department
1700 Capitol Circle, SW
Tallahassee,FL 32310
ATIN: Ms. Evelyn ..Jefferson
RE: Monroe County Ordinance No. 041A-1999
Conch Key Vacation Rental, Amend Section 9.5-247
Dear Ms. Jefferson:
Enclosed is a copy of Monroe County Ordinance 041A-1999 with amended Land
Development Regulations, Section 9.5-247, regarding the Vacation Rental on Conch
Key.
This ordinance was adopted by the Monroe County Board of County Commissioners on
October 13, 1999 and was transmitted to the Department of Community Affairs for
review on December 13, 1999. We received confIrmation from DCA that Final Order
DCAOO-OR-018, dated February 1, 2000, approved the ordinance and that it became
effective on March 3, 2000.
I am forwarding this ordinance and its corresponding Land Development Regulations to
you for incorporation into the Monroe County Code. If you have any questions, please
call me at (305) 289-2517. Thank you for your assistance.
Sincerely, )
dlccJ[/f2tl/Ifl/)
Colleen Gardner, Executive Assistant
Growth Management Division
O~ 30~N0\4
.~,~ ."l~~~ . ~1~
3f)~~~O~ '1 ,1J~H'<10
t \ !-'l. \l~ S \ ll~~ 00
O~0~3~ ~O~ Q31\.1
Enclosure
1
cc: Board of County Commissioners w /0 encl.
Danny L. Kolhage, Clerk w /0 encl.
James L. Roberts, County Administrator wlo encl.
James T. Hendrick, County Attorney w /0 encl.
Timothy J. McGarry, Director of Growth Management w /0 encl.
Ralph Gouldy, Acting Director of Environmental Resources w /0 encl.
K. Marlene Conaway, Director of Planning w /0 encl.
Kim Ogren, Sr. Administrator, Comprehensive Plan wlo encl.
Jean Tumminia, Mapping Coordinator wi 0 encl.
2