Item R6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2013 Division: Growth Mara ement
Bulk Item: Yes No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurle — 289-2500
AGENDA ITEM WORDING: A public hearing to consider an Ordinance amending Monroe County Land
Development Code (LDC) Chapter 102, Administration, Article III, Nonconformities, to allow nonconforming
water -dependent and water -related commercial uses and structures to rebuild to pre -exiting uses and structures
if denoted as a primary source of economic sustainability and addressed in the Key Largo and Tavernier
Co *Keys Plans and updating the existing provision related to the registration of nonconforming uses and
structures.
ITEM BACKGROUND:
Registration of Nonconformities: The existing registration process outlined in Section 102-55 was never carried
out. However, Planning & Environmental Resources Department staff has determined that there would be
value in maintaining a registry of lawful nonconforming uses and structures. Therefore, the department is
proposing to simplify the section of code to establish a running registry as such uses and structures are
identified.
Nonconforming Water -Dependent and Water -Related Commercial Uses: The Livable CommuniKeys Master
Plan program provides Monroe County citizens with the opportunity to create a vision document that reflects
the unique needs and qualities of their community. The existing LDC are insufficient to allow modifications to a
water -dependent or water -related commercial nonconforming use or structure located in the Tavernier or Key
Largo planning areas as described their respective CommuniKeys Plans.
During a regularly scheduled meeting held on August 28, 2012, the Development Review Committee reviewed
the ordinance and recommended approval to the BOCC. During a regularly scheduled public hearing held on
September 26, 2012, the Planning Commission reviewed the ordinance and recommended approval to the
BOCC.
PREVIOUS RELEVANT BOCC ACTION:
In 2005, the BOCC passed and adopted Ordinance #002-2005, thus adopting the Livable Co m auniKeys Master
Plan for the Tavernier Creek to Mile Marker 97.
In 2007, the BOCC passed and adopted Ordinance #012-2007, thus adopting the Livable CommuniKeys Master
Plan for Key Largo,
CONTRACT/AGREEMENT CHANGES:
nla
STAFF RECOMMENDATIONS:
Staff recommends approval.
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing I Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: I AGENDA ITEM #
MEMORANDUM
MONROE COUNTY PLANNING &ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning &Environmental Resources
From: Reynaldo Ortiz, Assoc. AIA, AICP, Planning & Biological Plans Examiner
Supervisor
Date: December 21, 2012
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF CO UNTT
COMMISSIONERS AMENDING MONR OE COUNTY CODE C11APTER 102,
ADMINISTRATION, ARTICLE III, NONCONFORMITIES, ADDRESSING
NONCONFORMITY OF WATER -DEPENDENT AND WATER -RELATED
COMMERC)AL USES AND STRUCTURES AS A PRIAMRY SOURCE OF
ECONOMIC SUSTAIN -ABILITY AS ADDRESSED IN THE KEY LARGO AND
TA VERNIER COND4UNIKEYS PLANS, UPDATING THE PROVISION
RELATED TO THE REGISTRATION OF NONCONFORA127VG USES AND
STRUCTURES, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLAAW111 TG AGENCY AND THE SECRETARY OF STATE, -
PR 0 VIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: January 16, 2013
1
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of Chapter 102, Administration, Article III, Nonconformities, of the Monroe County Code
6 (MCC) in order to address nonconformity of water -dependent and water -related commercial
7 uses and structures as a primary source of economic sustainability as addressed in the Key
8 Largo and Tavernier CommuniKeys Plans and to update the existing provision related to the
9 registration of nonconforming uses and structures.
II RELEVANT PRIOR COUNTY ACTIONS:
In 2005, the BOCC passed and adopted Ordinance #002-2005, thus adopting the Livable
CommuniKeys Master Plan for the Tavernier Creek to Mile Marker 97.
In 2007, the BOCC passed and adopted Ordinance #012-2007, thus adopting the Livable
CommuniKeys Master Plan for Key Largo.
Page 1 of 7 (File #2012-114)
1 During a regularly scheduled meeting held on August 28, 2012, the Development Review
2 Committee reviewed the subject request and recommended approval to the BOCC.
3
4 III REVIEW
5
5 Registration of Nonconformities:,
7
8 The existing registration process outlined in MCC § 102-55 was never carried out. However,
9 Planning & Environmental Resources Department staff has determined that there would be
10 value in maintaining a registry of lawful nonconforming uses and structures. Therefore, the
11 department is proposing to simply the section of code to establish a running registry as such
12 uses and structures are identified.
13
14 Nonconforming_ Water -Dependent and Water -Related Commercial Uses:
15
15 The Livable CommuniKeys Master Plan program provides Monroe County citizens with the
17 opportunity to create a vision document that reflects the unique needs and qualities of their
18 community. There are presently four Livable CommuniKeys Master Plans that have been
19 incorporated into the Monroe County Comprehensive Plan by reference: Big Pine Ivey and
20 No Name Key; Tavernier; Stock Island/Key Haven; and Key Largo. The following action
21 items relate to nonconformities:
22
23 Action Item 8.1.1 of the Livable CommuniKeys Master Plan for the Tavernier Creek to Mile
24 Marker 97 currently reads:
25
26 Inventory the existing commercial uses on the shoreline and document, which uses are
27 currently within the shoreline setback.
28
29 Action Item 8.1.2 of the Livable Co "Keys Master Plan for the Tavernier Creek to Mile
30 Marker 97 currently reads:
31
32 Amend the Land Development Regulations to permit existing commercial uses to remain
33 within the shoreline setbacks as long as storm water is managed and shoreline vegetation
34 maintained.
Action Item 7.1.1 of the Ivey Largo Livable CommuniKeys Master Plan currently reads:
Preserve and protect the tourist -based and working waterfront businesses such as public
marinas, waterfront restaurants, charter operations, multi -use resorts, commercial fishing
and boatyards through amendment of the Land Development Regulations including
regulations regarding nonconforming uses and structures.
The existing regulations are insufficient to address modifications to a lawfully established
water -dependent or water -related commercial nonconforming use or structure located in the
Tavernier or Key Largo planning areas as described their respective Co m numKeys Plans.
Page 2 of 7 (File #2012-114)
1 Therefore, staff recommends the following changes (deletions are "ILA
and
2 additions are underlined
3
4 Sec.102-54. Purpose.
5
6 The purpose of this article is to regulate and limit the continued existence of uses and structures
7 established prior to the date of the enactment of the ordinance from which thiQ
8 � this Land Development Code is derived (September 15 1986) and/or prior to the date
9 of the enactment of a subsequent ordinance amending a given land development regWation
10 within this Land Development Code that do not or no loner conform to the provisions of this
11 ' this Land Development Code. Many nonconformities may continue, but the provisions
12 of this article are designed to curtail substantial investment in nonconformities and to bring
13 about their eventual elimination in order to preserve the integrity of this Land
14 Development Code.
15
16 Sec.102-55. Registration
17
A A." %WA4� aav va a
5+ au uav Yi
20
21
22 ef dzilu stemaed metine in tLe 11 Q.
23
24
25
26
27
20 r«....ie.7 ; .,«#:.,le ITT .. _� n� TL.o 1....,«.7 ..� .. *z x or-
.,i�vnvr�--as
29
30
31 All known, lawful nonconforming uses and structures maybe registered with the planning&,
32 environmental resources department. In the course of its duties related to development review
33 staff of the planning department shall identify and recognize nonconforming uses and
34 structures. Property owners may also independently apply to the nlanning dgpartment for such
35 determinations. Once discovered and determined to be lawful the planning director, or his or
36 her designee, shall add recognized lawful nonconforming uses and structures to an official
37 reizi
38
39 Sec.102-56. Nonconforming uses.
40
41 (a) Authority to continue. Nonconforming uses of land or structures may continue in
42 accordance with the provisions of this section. Notwithstanding any provision of this
43 section or of this Land Development Code or the
44 Comprehensive Plan:
45 (1) Leases, subleases, assignments or other occupancy agreements for compensation for
46 less than 28 days in duration shall be discontinued and shall not be renewed, extended
Page 3 of 7 (File #2412-114)
I or entered into, in any district that prohibits vacation rental uses after the effective date
2 of the ordinance from which this section is derived (September 15 1986 unless a
3 vacation rental use was established and obtained all required state and local permits and
4 licenses prior to September 15, 1986, under previous Code provisions expressly
S allowing vacation rental uses; and
6 (2) Leases, subleases, assignments or other occupancy agreements for compensation of RV
7 spaces for six months or more within a particular RV park, other than in a designated
8 storage area shall be discontinued and shall not be renewed, extended or entered into,
9 after the effective date of the ordinance from which this section is derived (September
10 15 1986 .
11
12 (b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation
13 of �egi�eted-nonconfornzing uses registered in accordance with section 102-55 may be
14 performed.
15
16 (c) Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed
17 so as to prevent:
18 (1) Enlargement of nonconforming uses by additions to the structure in which such
19 nonconforming uses are located; or
20 (2) Occupancy of additional lands.
21
22 (d) Relocation. A structure in which a nonconforming use is located shall not be moved unless
23 the use thereafter shall conform to the limitations of the land use district into which it is
24 moved.
25
26 (e) Change in use. A nonconforming use shall not be changed to any other use unless the new
27 use conforms to the provisions of the land use district in which it is located.
28
29 (f) Termination.
30 (1) Abandonment or discontinuance. Where a nonconforming use of land or structure is
31 discontinued or abandoned for six consecutive months or one year in the case of stored
32 lobster traps, then such use may not be reestablished or resumed, and any subsequent
33 use must conform to the provisions of this 61SHIPIME Land Development Code and the
34 Comprehensive Plan. Leases, subleases, assignment or other occupancy agreement for
35 compensation for less than 28 days in duration shall be discontinued and shall not be
36 renewed, extended or entered into, in any district that prohibits vacation rental use after
37 the effective date of the ordinance from which this section is derived, September 15,
38 1986. Leases, subleases, assignments or other occupancy agreements for compensation
39 of RV spaces for six months or more within a particular RV park, other than in a
40 designated storage area, shall be discontinued and shall not be renewed, extended or
41 entered into, after the effective date of the ordinance from which this section is derived
42 (September 15, 1986).
43 (2) Damage or destruction. Except as provided in section 110-65, if a structure in which a
44 nonconforming use is located is damaged or destroyed so as to require substantial
45 improvement, then the structure may be repaired or restored only for uses that conform
46 to the provisions of the land use district in which it is located. Fair market value shall be
Page 4 of 7 (File #2012-114)
1 determined by reference to the official tug assessment rolls for that year or by an
2 appraisal by a qualified independent appraiser. The extent of damage or destruction
3 shall be determined by the building official, in consultation with the �eetev—e�
4 planning director, by comparing the estimated cost of repairs or restoration with the fair
5 market value.
6 (3) Damage and destruction in commercialfishing districts (CFA, CFV and CFSD). In the
7 CFA. CFV and CFSD land use districts, nonconforuses lawfully
8 existing as of September 15, 1986, may be rebuilt even if 100 percent destroyed,
9 provided that they are rebuilt to preexisting use, building footprint and configuration
10 without increase in density or intensity of use and registered in accordance with section
11 102-55.
12 L4) Damage and destruction of water -dependent and water -related commercial
13 nonconforming uses. Lawfully established water -dependent and water -related
14 commercial uses which are identified as a source of economic sustainability within a
15 Livable CoxnmuniKeys Plan may be permitted to be rebuilt even if 100 percent
16 destroyed provided that they are rebuilt to preexisting use and registered in accordance
17 with section 102-55. Development shall be brought into compliance to the maximum
18 extent practical, as determined by the planning director. For purposes of this section
19 the nlannin9 director or his or her assigned designee shall review available documents
20 to determine if a body of evidence exists supporting the lawful establishment of the use
prior or to the change in regulation that deemed the use nonconforming Such evidence
22 shall include, at a 1lLnimum, at least two of the following documents:
23
24 a. Any issued Monroe County building nernut s) approving or supporting the
25 existence of the structures) and/or use;
26 b. Documentation from the Monroe Counter Properiv Apvraiser's Office supporting
27 the existence of the structure(s) and/or use-,
28 c. Aerial nhotoMnhs and orieinal dated photogranhs showing the structure(s) existed
29 on site•
30 d. State and/or county licenses, supporting the existence of the structure(s) and/or use:
31 e. Documentation from the utilitv moviders indicating the tMe of commercial service
32 provided; and
33 f. Similar sunuoAjM documentation not listed above as determined suitable by
34 planning director.
35
36 Sec.102-57. Nonconforming structures.
37
38 (a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use
39 district in which it is located may be continued in accordance with the provisions of this
40 section.
41
42 (b) Ordinary repair and maintenance. Normal maintenance and repair of �eg�ert�
43 nonconforming structures registered in accordance with section 102-55 may be performed.
44
Page 5 of 7 (File #2012-114)
1 (c) Enlargements and extensions. Nonconforming structures that are used in a manner
2 conforming to the provisions of this 016a Land Development Code may be enlarged or
3 extended, provided that the nonconformity is not further violated.
4
5 (d) Relocation. A nonconforming structure, other than an historic structure ie�s}� listed on
6 the National Register of Historic Places1 er-the Florida Inventory of Historic Places, and/or
7 designated as historic by the board of county commissioners, shall not be moved unless it
8 thereafter shall conform to the regulations of the land use district in which it is located.
9
10 (e) Termination.
11 (1) Abandonment. Where a nonconforming structure is abandoned for 12 consecutive
12 months, then such structure shall be removed or converted to a conforming structure.
13 (2) Damage or destruction.
14 a. Any part of a nonconforming structure that is damaged or destroyed to the extent
15 of less than 50 percent of the fair market value of such structure may be restored as
16 of right if a building permit for reconstruction shall be issued within six months of
17 the date of the damage.
18 b. Except as provided in section 134-56, chapter 122, in regard to mobile homes, and
19 section 130-162, any nonconforming structure that is damaged or destroyed so as to
20 require substantial improvement may be repaired or restored only if the structure
21 conforms to the provisions of the land use district in which it is located. Fair market
22 value shall be determined by reference to the official tax assessment rolls for that
23 year or by an appraisal by a qualified independent appraiser. The extent of damage
24 or destruction shall be determined by the building official, in consultation with the
25 e€ planning director, by comparing the estimated cost of repairs or
26 restoration with the fair market value.
27
28 (f) Water -dependent and water -related commercial nonconforming structures Lawfully
29 established water -dependent and water -related nonresidential structures which are
30 identified as a source of economic sustainability within a Livable CommuniKevs Plan maX
31 be permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to
32 preexisting use and registered in accordance with section 102-55 Development shall be
33 brought into compliance to the maximum extent practical as determined by planner
34 director. For purposes of this sectio% the plannuig director or his or her assigned designee
35 shall review available documents to determine if a body of evidence exists supporting the
36 lawful establishment of the structure prior to the change in regulation that deemed the
37 structure nonconforming. Such evidence shall include at a minimum at least two of the
38 following documents:
39
40 (1) AU issued Monroe County building permit(s) approving or supporting the existence of
41 the structure(s) and/or use:
42 (2) Documentation from the Monroe County Properiv Appraiser's Office supporting the
43 existence of the structure(s) and/or use-,
44 (3) Aerial photographs and original dated photographs showing the structure(s) existed on
45 site:
46 L4) State and/or county licenses supporting the existence of the structure(s) and/oruse•
Page 6 of 7 (File #2012-114)
1 5 Documentation from the pfilfty providers indicating the twe of commercial service
2 provided; and
3 6 Similar gWorting documentation not listed above as determined suitable by the
4 planning_ director.
5
6 Sec.102-58. Nonconforming accessory uses and accessory structures.
7
8 No nonconforming accessory use or accessory structure shall continue after the principal
9 structure or use shall have terminated unless such structure or use thereafter shall conform to
10 the provisions of the land use district in which it is located.
11
12 Sec. 102-59. Nonconforming signs, parking, landscaping, lighting, access, and
13 bufferyards.
14
15 In no event later than three years from the effective date of the ordinance from which this
16 elflffl..Pter Land Develo went Code is derived Se tember 15 1989 nonconforming signs and
17 all uses that are nonconforming due to failure to comply with the standards of chapter 114,
18 articles III VI and chapter 142, shall bring their properties into compliance with these
19 provisions whenever substantial improvements or change of use are proposed or, if such is
20 physically impossible due to site size, the physical layout of structure on and adjoining the site,
21 into compliance to the maximum extent practical.
22
23 Sec.102-60. Nonconforming live -aboard vessels.
24
25 Notwithstanding any other provision of this LandDevelopment Code, live -aboard
26 vessels in use on the effective date of the ordinance from which this Land
27 Development Code Is was derived (Semember 15 1986 shall comply with each and every
28 requirement of this Land Develo ment Code on or before one year after the effective
29 date of the ordinance from which this VI
Land Development Code is derived Se tember
30 15 1987 .
31
32
33
34 IV RECOMMENDATION
35
36 Staff has found that the proposed text amendment would be consistent with the provisions of
37 MCC §102-158(d)(5)(b): 1. Changed projections (e.g., regarding public service needs) from
38 those on which the text or boundary was based; 2. Changed assumptions (e.g., regarding
39 demographic trends); 3. Data errors, including errors in mapping, vegetative types and
40 natural features described in volume I of the plan; 4. New issues; 5. Recognition of a need for
41 additional detail or comprehensiveness; or 6. Data updates. Specifically, staff has found that
42 the proposed text amendments are necessary due to recognition of a need for additional detail
43 or comprehensiveness.
44
45 Staff recommends that the Board of County Commissioners amend the Monroe County Code
46 as stated in the text of this staff report.
Page 7 of 7 (File #2012-114)
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2 0 13
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE COUNTY
CODE CHAPTER 102, ADMINISTRATION, ARTICLE III,
NONCONFORMITIES; ADDRESSING NONCONFORMITY OF
WATER -DEPENDENT AND WATER -RELATED COMMERCIAL
USES AND STRUCTURES AS A PRIMARY SOURCE OF
ECONOMIC SUSTAINABILITY AS ADDRESSED IN THE KEY
LARGO AND TAVERNIER CO KEYS PLANS; UPDATING
THE PROVISION RELATED TO THE REGISTRATION OF
NONCONFORMING USES AND STRUCTURES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
AND THE SECRETARY OF STATE; PROVIDING FOR
CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the regulations within Chapter 102, Administration, Article III of the Monroe
County Code are insufficient to address modifications to a lawfully established water -dependent
and water -related commercial nonconforming use or structure located in the Tavernier or Ivey
Largo planning area as described their respective Comm 'all Plans; and
WHEREAS, the provisions related to the registration of nonconforming uses and structures
should be revised to allow the Planning & Environmental Resources Department to maintain a
registry of lawful nonconforming uses and structures; and
WHEREAS, during a regularly scheduled meeting held on August 28, 2012, the Monroe County
Development Review Committee reviewed the ordinance and the Chair recommended approval
to the Board of County Commissioners; and
WHEREAS, during a regularly scheduled public meeting held on September 26, 2012, the
Monroe County Planning Commission reviewed the ordinance and recommended approval to the
Board of County Commissioners.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Page 1 of 7
Section 1. The Monroe County Code shall be amended as follows (deletions are �sl�
and additions are underlined):
Sec.102-54. Purpose.
The purpose of this article is to regulate and limit the continued existence of uses and structures
established prior to the date of the enactment of the ordinance from which '
this Land Development Code is , derived (September 15, 1986) and/or prior to the date
of the enactment of a subsequent ordinance amending a ,.land development re ation within
this Land Development Code that do not or no lop er conform to the provisions of this
this Land Development Code. Many nonconformities may continue, but the provisions of this
article are designed to curtail substantial investment in nonconformities and to bring about their
eventual elimination in order to preserve the integrity of this Land Development Code.
Sec.102-55. Registration
All mown, lawful nonconforming uses and structures may be registered with the planning &
environmental resources de artment. In the course of its duties related to develo ment review,
staff of the _planning_- _department shall identify and reco _ e nonconforming_,.. uses and
structures. Pro a owners may also indogndently Wly to the Dlanning de artment for such
determinations.. Once discovered and determined to be lawful the planninyr director, or his or
her desi ee shall add recomized lawful nonconforming -uses and structures to an official cial
regis
Sec. 102-56. Nonconforming uses.
(a) Authority to continue. Nonconforming uses of land or structures may continue in
accordance with the provisions of this section. Notwithstanding any provision of this
section or of this �^� *'�� r�•��*-� '��a� Land Development Code or the
Comprehensive Plan:
(1) Leases, subleases, assignments or other occupancy agreements for compensation for
less than 28 days in duration shall be discontinued and shall not be renewed, extended
or entered into, in any district that prohibits vacation rental uses after the effective date
Page 2 of 7
of the ordinance from which this section is derived Se tember 15 1986 unless a
vacation rental use was established and obtained all required state and local permits and
licenses prior to September 15, 1986, under previous Code provisions expressly
allowing vacation rental uses; and
(2) Leases, subleases, assignments or other occupancy agreements for compensation of RV
spaces for six months or more within a particular RV park, other than in a designated
storage area shall be discontinued and shall not be renewed, extended or entered into,
after the effective date of the ordinance from which this section is derived Se tember
15 1986 .
(b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation
Ofnonconforming uses registered in accordance with section 102-55 may be
performed.
(c) Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed
so as to prevent:
(1) Enlargement of nonconforming uses by additions to the structure in which such
nonconforming uses are located; or
(2) Occupancy of additional lands.
(d) Relocation. A structure in which a nonconforming use is located shall not be moved unless
the use thereafter shall conform to the limitations of the land use district into which it is
moved.
(e) Change in use. A nonconforming use shall not be changed to any other use unless the new
use conforms to the provisions of the land use district in which it is located.
(f) Termination.
(1) Abandonment or discontinuance. where a nonconforming use of land or structure is
discontinued or abandoned for six consecutive months or one year in the case of stored
lobster traps, then such use may not be reestablished or resumed, and any subsequent
use must conform to the provisions of this Land Development Code and the
Compr� ive Plan. Leases, subleases, assignment or other occupancy agreement for
•- p Y
compensation for less than 28 days in duration shall be discontinued and shall not be
renewed, extended or entered into, in any district that prohibits vacation rental use after
the effective date of the ordinance from which this section is derivedLeRtember 15
1986. Leases, subleases, assignments or other occupancy agreements for compensation
of RV spaces for six months or more within a particular RV park, other than in a
designated storage area, shall be discontinued and shall not be renewed, extended or
entered into, after the effective date of the ordinance from which this section is derived
(Smtember-15,1986).
(2) Damage or destruction. Except as provided in section 110-65, if a structure in which a
nonconforming use is located is damaged or destroyed so as to require substantial
improvement, then the structure may be repaired or restored only for uses that conform
to the provisions of the land use district in which it is located. Fair market value shall be
determined by reference to the official tax assessment rolls for that year or by an
Page 3 of 7
appraisal by a qualified independent appraiser. The extent of damage or destruction
shall be determined by the building official, in consultation with the J.Rr,-e
planning director, by comparing the estimated cast of repairs or restoration with the fair
market value.
(3) Damage and destruction in commercial fishing districts (CFA, CFV and CFSD). In the
CFA CFV and CFSD land use districts nonconfo " 9uses lawful/
existing as of September 15, 1956, may be rebuilt even if 100 percent destroyed,
provided that they are rebuilt to preexisting use, building footprint and configuration
without increase in density or intensity of use and re 'stered in accordance with section
102-5 5 .
L4) Dgmage destruction of water -dependent and water -related commercial
nonconLorming uses. Lawful/ established -water-dependent and water -related
commercial uses which are identified as a source of economic sustainability within a
Livable CommuniKeys Planmay be permitted to be rebuilt even if 1 oo.__percent
destroyed provided that they are rebuilt to preexisting use and re 'stered in accordance
with section 102-55. Development shall be broujzht into compliance to the maximum
extent practical as determined by the..,planning director. For purposes of this section,
the planning director, or his or her assigned designee, shall review available documents
to determine if a_bodv of evidence exists ,gWortin.g_the lawful establishment of the use
Lnor to the char a in regagation that deemed the use nonconformin Such evidence
shall include, at a ' ' , um, at least two of the _following ,.-documents:
a. AU issued Monroe County building _permit(s�pprovingor supporting --the
• • �_._. ... ..
existence of the structure(s) and/or used
b. Documentation from . the Monroe County PropertAmra.iser's _ Office suipportirig
the existence of the structures and/or use;
c. Aerial hoto a hs and on ' al dated photoU4phs showin the structures existed
on site;
d. State and/or county licensess, supu_„ ring the existence of the structures} and/or used
__ ..-
e. Documentation from the utility providers indicating_the a of commercial service
provided,; and
f. Similar su ortin documentation not listed above as determined suitable by the
plannn director.
Sec.102-57. Nonconforming structures.
(a) Authority to continue. A nonconforming structure devoted to a use permitted in the land use
district in which it is located may be continued in accordance with the provisions of this
section.
(b) Ordinary repair and maintenance. Normal maintenance and repair of �egiSt AreC1
nonconforming structures registered in accordance with section 102-55 may be performed.
(c) Enlargements and extensions. Nonconforming structures that are used in a manner
conforming to the provisions of this eha=ta- Land Development Code may be enlarged or
extended, provided that the nonconformity is not further violated.
Page 4 of 7
(d) Relocation. A nonconforming structure, other than an historic structure listed on
the National Register of Historic Places, the Florida Inventory of Historic Places, and/or
designated as historic by the board of county commissioners, shall not be moved unless it
thereafter shall conform to the regulations of the land use district in which it is located.
(e) Termination.
(1) Abandonment. Where a nonconforming structure is abandoned for 12 consecutive
months, then such structure shall be removed or converted to a conforming structure.
(2) Damage or destruction.
a. Any part of a nonconforming structure that is damaged or destroyed to the extent
of less than 50 percent of the fair market value of such structure may be restored as
of right if a building permit for reconstruction shall be issued within six months of
the date of the damage.
b. Except as provided in section 134-56, chapter 122, in regard to mobile homes, and
section 130-162, any nonconforming structure that is damaged or destroyed so as to
require substantial improvement may be repaired or restored only if the structure
conforms to the provisions of the land use district in which it is located. Fair market
value shall be determined by reference to the official tax assessment rolls for that
year or by an appraisal by a qualified independent appraiser. The extent of damage
or destruction shall be determined by the building official, in consultation with the
planning director, by comparing the estimated cost of repairs or
restoration with the fair market value.
Water -dependent . and water -related commercial _nonconforming structures. Lawfully
established water-dgpendent and water -related nonresidential structures which are
identified as a source of economic sustainabilily within a Livable CommuniKeys, Plan may
be permitted to be,. rebuilt even if 100 percent destroyed provided that they are rebuilt to
iDreexisting use and registered in accordance with section 102-55. Develo went shall be
brought into compliance to the maximum extent practical as determined by,,,.„the planning
director. For purposes of this section, the planning director, -or his or her assi ned desi ee,
shall review available documents to determine if a body of evidence exists su ortin the
lawfufl establishment of ,the structure yprior to the change ,in regulation that deemed the
structure nonconfo. Such evidence shall include at a
rmin um at least two of the
following documents:
(1) Any issued Monroe , Coup , building -permits) approving or MoWng the existence of
the structure(s) and/or use;
(2) Documentation from the Monroe ,,.County Property Appraiser's Office _.._sup o we
existence of the structure(s) and/or use;
(3) Aerial photo"a hs and oripainal dated vhotogVbs showing the structures existed on
Slte;
(4) State and/or county_ licenses, supporting_ the, existence of the ,structure(s) and/or use;
(5) Documentation from the utilfty providers indicating the Ine of commercial service
provided; and
Page 5 of 7
(61 Similar SWorting documentation not listed above as determined suitable by the
planning director.
Sec.102-58. Nonconforming accessory uses and accessory structures.
No nonconforming accessory use or accessory structure shall continue after the principal
structure or use shall have terminated unless such structure or use thereafter shall conform to
the provisions of the land use district in which it is located.
Sec.102-59. Nonconforming signs, parking, landscaping, lighting, access, and bufferyards.
In no event later than three years from the effective date of the ordinance from which this
Land Develo ment Code is derived (September 15, 1989}, nonconforming signs and
all uses that are nonconforming due to failure to comply with the standards of chapter 114
pY p ,
articles III VI and chapter 142, shall bring their properties into compliance with these
provisions whenever substantial improvements or change of use are proposed or, if such is
physically impossible due to site size, the physical layout of structure on and adjoining the site,
into compliance to the maximum extent practical.
Sec.102-60. Nonconforming live -aboard vessels.
Notwithstanding any other provision of this I&M44- Land Development Code, live -aboard
vessels in use on the effective date of the ordinance from which this Land
Development Code is was derived (September 15, 1986) shall comply with each and every
requirement of this ehantef Land Development Code on or before one year after the effective
date of the ordinance from which this Land Development Code is derived Se tember
15. 19g7).
Section 2. Severability.
If any sections paragraph, subdivision, clause, sentence or provision of this ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence, or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3. Conflicting -Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision
of any appropriate federal, state, or County law, rule code or regulation, the more restrictive shall
apply.
Page 6 of 7
Section 4. Transmittal.
This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S.
380.05 (11) and F.S. 380.0552(9).
Section 5. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall not
become effective until a notice is issued by the Florida State Land Planning Agency or
Administration Commission approving the ordinance.
Section 6. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
Section 7. Effective Date.
This ordinance shall become effective as provided by law and stated above.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2013.
Mayor George Neugent
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolhage
Commissioner Sylvia Murphy
Commissioner David Rice
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin, Clerk
CA
Deputy Clerk
M
Mayor George Neugent
NROE COUNTY ATTORNEY
PROVED A FORM:
�J
STEVEN T. WILLIAMS
ASSISTANT COL! ATTORNEY
Date � "
Page 7 of 7
•V. A
MONROE COVNW9 fLOMA
9EVEL9AA[ENf REVIEW GAMM11°fEE
RESOLUTIONN.09 DRC 1642
A RESOLLMON BY THE DWCTOR QP AbANNINQ ANA
]ENVIli9N1K$NTAL RESOURCES AND CHAIR OF THE
DEVELOPMENT REVIEW COKW RECOMMENDING
APPROVAL OP THE REQUEST BY THE PLANNING &
EW-RONUENTAL RESOURCES DEPARTMENT FOR AN
ORDINANCE BY THF MONROF COUNTY BOARD OF COLNTY
COMMISSIONERS IlIvIEN91NA MONROE COUNTY CORE
CWTER 1029 AAMIPRSTRA1'lON, ARTICLE IN,
NONCONFORMITTES, TO ADDRESS NONCONFORMITY OF
WATER-DEPIENDENT AND WA'1BR•R&I.ATEA COMMERCIAL
USES AND STRUCT"RF-S AS A PRIMARY SOURCE OF
ECONOMIC aU&TAINAAII.ITY A9 ADDRESSED IN THE KEY
LARGO AND TAVERNIER COMMUNIKEYS PLANS, TO
UPDATE THE PROVISION RELATED Tp THE RECTISTRATIoN
OF NONCONFORMINQ USES AND STRUCTURES, pRoVIDINCj
FAR SEVIFRABILITY; PROVIDING FOR REPEAL OF
CONFLICTINO PROVISIONS; PROVIDINQ FOR TRANSMTTTAT.
TA THE STATIR LAND PLANNING AGENCY AND THE
SECRETARY OF STATE FROVIDIN-0 FOR CODIFICATTON;
FROVIDINQ FOR AN EFFECTIVE ]DATE,
WUREAS, du4ug ?t rogWwriy 50hodW§d MCCON hold on Augm 28, 2012, the
P@V@1QPMW R@vi@w CommiftcOf MOnWo County conducted a reVxaW and
�A������9� �� � ����t AW by ft plaming � �vi�o��t�1 Rosourwo Depa�tuaent for test
�wntp to Cb#pt@r 102, Ada-uW4 tft-'on, A.rdpl@ Iff 1, Rft.ho Mpmie Fpu�ty GAde; and
WHIREASt bwd upon the infArmtiun and documentation submitted, the
V@V@19PM@Ut R@vi@w Commitft Chair 4nd Senior Director of Planing & Environmental
Roqm@o found?
Th@ propond wt am idmm§ are c4ng�ftt with th
@1 -@ prqv,giow and intont of aw
moww c9unty CqMpT@h@n§iV.@ ploul.) Wd
RMIRtien # J?XQ 10-12
F11@ #2012-1 i4 peso I aft
2. T� proppw4 t@xt =@UdM@nt4 W'@ PAAWi5t@Ut WIC the proVi'$lQng and intent of the
Mg. UrQ@ C QuAt
.Y cpdol 4ad
3, Th@ pr-QpQs@d tcxt awn41moutp am not iA(*WiPtQUt With =y of the Principlos for
(Wft# 1)QvQIAPQn-t In th@ Flori-4 Keys of critical Stag Gpne'ern; and
Now tt�wOttE, BE IT RESOLVED BY anEvELarnurrr REVIEW
co OF MONROE COUNTY, FLORIDA ftt the information aiscunea at she
Aqwt 28,2012 mpa �& q�ts appthe CWr's dogislonto raeomm@nd approval to the Planning
commiggion ?n9 Board pPQauaty Con=' 88irm with roviliaae ae dlooussod at the moadag.
Towm- '@Y SQ0 t � ow �Qr�eo Ghai� and
Senior Dim .r A P18 and Environmental R080=09
I HE U, BY CERTWY ftt Aa this d#y bdo- ro mo, an QffiFor duly authorized in the State aforesaid
ad in tb@ County dorm?dd2 to tom@ wknawlolgnonts, pemnal1Y appeared Tpwnsley Schwab, to
knovm- to b@ tb@ p@racn d@§Qr-ib@d in aid who oxwuted the foregoing instrument and she
tWW1@d8@d bdory MQ th@ she @x@omt@d the same,
VVI$S �?yhNd�, �� ffiF� �sC� in the Cowty md State last aforesaid this ,� day of
A 12012,
4MI1409P # I?RQ 10- 12
Fij@ #?012-114
TARY PUBLICs 9TAIr(YIPTLORMA
ta)
ANOR@A GAIN CR880N
Notur Publlo • two of ilk
Mir OOm. &ipn� On 10� �Ot I
Qom�IffO� N it �10l01
"Wed TWOpq�q qln,
P49@ 2 Of
NIONROF, COUNTY9 nORMA
PL-A"V% COMMSSION RESOLUTION NO. P40.11
A USOLUTION ]BY THE MONROE COUNTY Ai.ANNING
GpMMJS&IqN RECOM-W-NDINO APPROVAL OF THE
UQUEST BY THE PLANNINQ & ENVIRONMENTAL
USOURCES DUARTWNT FOR AN ORDINANCE BY THE
MONROE GpUNTy BOARD OF COUNTY CQMIKISSIQNERS
+°+MEN9IN4 MONROE BOUNTY COM CHAPTER 102,
ADMMSTRATION's ARTICLB AI,, NONCONF9RMITIES, TO
ADDRESS N9NCANFQRMITSI OF WATER -DEPENDENT
AND WATER-rRELATE-D COMMERCIAL USES AND
STRUCTURES AS A PRNAR-Y SOURCE OF ECONOMIC
SVSTAINABILITY AS ADDRESSED IN THE KEY LARGO
AND TAVERWR COW4UNIKEYS PANS. TO UPDATE
THE FRQVISION RELATED TO THE AE(3ISTRAI'ipN OF
NON-CON-FORMINQ US8$ ANR STRUGTUAE3, PROVIDING
FOR SEVERABILITY; PROVWINQ FOR REPEAL OF
CONFLICTTNO AItQV[SIQNS; AROV[AINp F9R
MANSM-ITTAL TO THE STATE LAND BI,ANNINQ AGENCY
AND '1HE SECRETARY OF STATE: PROVIDING FOR
Co9IFICA'179N> FROVI9IN(# FOR AN EFFECTM AA't'E.
WHEREAS; dwing 4 mgWaly wNdu1od public, meoftS hold An Sept=ber 26, 20129
t.h@ MOWN COURty' A1 8 CQmm651o:n QQ4duQW a Zvi@w and mmoidomtian of a request
���� �Y �� ���� � ����rpm-m-MM. Itogomcs Dopoment for tat mondmonts to Cbapter
192, A al4tration, Arfi@l@ 11I Qf th@ Mourw County Code,, and
W�1MIM A 0� P1 EU'4WPm@%W 0t 6 ]DOpOment sty datomined ftt the
V 9401P. with�n MCC CMPtcr 102, AdmWotmtioji, Ardole 111- aro ="Uffliclent to address
sec ��e� to 4 l4wfWlY cftb1iftd wat@r*p@ndont 4nd w0er-relateci cpinmercial
nA�CA�An8ftir T@op@gov@ RN Or §��'@ 1C�8#�CQ9=Pm-'K@y§ Phm int�@ �AV@�@�` or Key
�P ��&��� ��'6a m dowdbed
WUREAR? F1 9 Raourm Dop0mont ouiff dftmr�aed ft
promigim Maw tg th-@ r@gWU*1QTt Of T1QDwdQTm* U606 @UwUm shoWd be revised to
b@ 041pw @t.@ff 4 mpuy of lawU- imoon-forming Imes md stm-awast and
AW19094 #P.40-12
Fil@ #2Q 12-114 e
WM du 4 r@iy aQh@tul@d mmp Wd Qi AuMt 28, 2Al2, the momm
Cowty P@v@lgppA@nt R@vi@w CA rvvi@w@l ft 94=QQ md the Ch4r rammmended
APPTQV41 tp tb@ UPON Of County CQM=1"Pipum ; md
wn��+ �}@ PI�1� q
�@�Q0 WAs pr wM ft fARPw1ng documonts and
aftr. ►f"400ft m to ft mqwc wwQh by mformcc ig h@Tcby incorpormed as put of the
Tw,rd of Wd Wm-"ng?
� • StOmport pr@Wvd by R@pWdo Ortiz, AssAF. AM ATGP, Mom—c County
PI�9 & D@V@IQPVA@Ut R@Vi@W Pl.MMQr2 dAWd SQptMbOr 14,2012; and
2. W (Drdimwip md
3. $wqM t@►eUY AfMAnTqQ Cp
Mty PI� IERVITo mcaw R:ospmes
P An "md
%YXIMM
4. $wQm to0mony of ft paml publiQ%
3. A-dvt*@@ md wwml of Suw. CMmsl@y2 Apsistmt GAtuntY Atmmoy., cud Jalm wolfs,
PI 0 9 CQ 0441QA couml; mo
WHIU^77' �? �1�9� �� �A4fiAn No doommont4tion submitted, t118 PIg
CQTM.$§iAn €@4 the follmms Findings of FAQV?
I - T-M q??��dm. � ��a �p @ Momw Cotay Codc s apt � Mcpn,sistont with the
prqviw.iong md imut of th@ momw County Comprvhen ,
sm Plan; And
3. §1Q2-15 S(d)(5)(b) Af, th@ Mqq?� Com-ty Codc Provifts the provisions- that must be
M@t for 4 t@yq
I - Chw. @d pmimigns pubhg s@rviQ@ nmb) from tose on whicb
thq IQM PT tkpmdw w9s bm@d; 4nd/or
2. And/or
3. 1)44 M-9m, *11448 @ITQT§ M, m4ppings w8molvc tms wd feawas
d@@@Tib@d in vQlum@ I of ft p1m; @md/or
4. New ioww md/Rr
Rvw0tign. of 4 i4od fpr i0ond- d@WI of QPV4p.TQh@RsIv@a@s§; And/or
7• FQr FLVM cehmgm tb@ princip1m for gWdins d@vc1opment A8 defined in to
f1prift Stgwt@4 T-daing to Qhm' �@s to, th@ gomproboolvo plan, and
3. Tw mmudm@#its V thm Monmo Cgunty Cod@ sW d1 not b@ Wcomstcat vv�t.� tie
9pm@mt inth@ Florid# K@Y8 Arco. of GrMW Stag
comm. ; md
WU AS, bwd upon tb.@ IdgrMption md dMumm4tion submitted, the plan*
M#k@4. ift fpllwing CowlUsigm.ef L#w:
CA
Th@ prqpowO Wxt Wift. ws w@ oomp*w with th@ provisions md intent of tho
Mpwoc Co-muty Cpmpr@b@m.iv@ Plmi;
RmIgoop #P40-12
flip #201 a-114 Pago 2 of 7
2. Tb@ ArQppgo t@Xt A@M a@ FAus1ftat with ft provisions ad intent of the
�. Th@ propp@W tog ����� �� �10f �o �� for t arrlon��ta as
$@� fo in§�A2��g�i�)i3)�) Qf th@ MONOV County Code, speQifiGallY,
rMOUAIR of 4 A@W for, PAdWP�l OQUdl or Fa►mptchonsiv(mQss.
3,. ?'h@ Prpp,�� MV nAt IrponsISWUt with an of the principles for
QW&# 19CY&PIMM ig ft F19NA K@ys Aroa of Critical Stac CQnmr�� and
NOW '1'i�REF9RE2 U- IT RESOLVED BY TIC PLANNWG COMMSSION
OF MO N-ROIS CQVW-�, FLORMA.2 that ft pmmjW# Flnftgs of Fact and Cquolusions of
haw 4apyerl ite d@QWQA to r�eommoaA apptgval tv tba Boad o#' County Coa=*ssloners the
follqwu�g k� amondrnopt;
nun i• CWW 102, AdmW8,440aR2 Arklo M sWl W WNW as follows (doletion$ arc
�� And Wdloquo W underling):
9oa 103-Vt% PVqW4@t
Tb@ pwW@@ of W-09W ig 10 MOW Md t tb MitiauW Qx1*nQV of use and Mures
@ftbU4h@d p;ipr tip th@ date of the ��� of �o Ar�� fT= whFh die -eta -}s
Ws Laud Development Cade is derived ISMemb-or IS, 1986 for r' Lo �
Q s enaatr►�ant of a subsequent ordinance amend; ��iven land davelornnont re&ulati�n
��lun this Land Develo�m t Cade t do RAt or no lon�g� gp�pM o he ���q�pnpf �g
@} j�@# his Land Aevelaprnent f2k-Mmy nAAcPnA om may Cpnnue, but the provisions
d@§iF@d W QW-W O-MbMtial invogmont In noncodornOos and to bdng
4bout ftir @V@n-tw 0 iU QTtp PMWv@ tho ntopty of t.Ws ewer ._this Land
DMk1gp.m@.nt Cade.
sec. INTS59 R@8004094
Wig., lignill
HP
A i -' i i
.. ■ w • ■
_
w ■
• •
r r . ■ ■ ■ . ■ / � y
AM mAltit
�i �.a■/ •
+ . w ■ • - ■ ■ w a
ML SL
•
.■ Z• •.r . w/lam .f■ •r.H
Wei"
.
_ . 5 •
• ■ w
- .
■ ■ ■ • 1 ■ ■ r ■ I ■ • .■
_ -
.
t - 'n
jWq()jU,Agj #F40-1 2
FOP #2912-114 Page 3 of 7
a_.�IrL- - - -------------
/ i ► i / i i : ' : �_!�s ice_ i._!�= !.�__ . i # f : i .`.
`�� �_�i i 11 � i ::�/ �,_ : ice: �.:�ifi i 1 � #,./ ...���■.' ; ..� i _�_ �: �: �i • i -_ / ! ii i "
• - _ f_ -' � 1 i i ' i : j � : �� l i i 1 r i i � : _ � i � � 1 '-� 1 _.._.. � i i � i i / .-.�il�_..� + � �`� ' _�r-4
`1��_ - �__�: !L �: � :�,� = Yew :_� i i,: : !!i� f �� � �_ � �►��_ t : / : � i � ! * _.�: • � � � ' � i -
S@v,t 102-056, NomoubmWo mom
40 AWkrify to F9ntMw. NompTifoming w., S of lmd Pr strwtum my c.oAtiaue
KwrftQ@ v4th Ow prqvisi of t.ws NoW.UMM&O any pmviwon of this
l041 or of Nq Land Llevelapment Code or the
Caumbensi3m Alan:
(I) Low, sublmsa PSI MMU or Ath@r AMBy AgrMW4 for cPmpm"Alft for
Im #w 28 dop in dg*gu W digwntinwd md not bo MOW4 cxftdcd
QT @ntffvd W02 iA My &W* ft PmhIbb vvatiQn rvnW uso- MWr the off@Wvc
¢f t�� p�'�� fr9m wwQh two �e�ie� ia dwiwd u*66 ft vfwadau maw P" was
@Obliftd Md Obt.4m"O W mq*vd ow And loW p "t
Qm s 4nd I't
womms pdor to
$@Ptm.b@T 15, 19862 NR& Pmvipw Cod@ QtAV'WP� @xprosaly W1PWixiO vacaiAi!
vmw ung; @Rd
(2) Lm@q, gl4bj@m@@, p$i or Am mupanQY qxomouts for cAmpeAsadon of RV
§PM§ er mpry wMn @t pmikola Ry pak ethor thm in a dcaipatcd
O�i p Am I W dIwQWAWd Md s apt b@ mn@wod, cxftdcd or entowd into,
9-ft- ft @ff@@Ov@ &@ Of th@ 94 Q ft-Om whiQh Ou"s w0ou *45 daivod,,
(b) OF&MY rfPWr qnd M411014mv. NomW 7.anQQ rq),*- tP pw-='t con ftmation
of uw mmistered in aQo4rdan� with aeation 102 3S �y be
(�) E49m#ears• NPAOM�49 8 @Xtmd@dt TW4 priphibi0Qn ill W comfted
4P a tQ MWAV
(1) FMw8mw of �m. w0orMt.6 uw by Wditions to 010 stmmm in which such
xIP;IQQnfQnwR* uw m Iqc*wd; QT
(2) QWupmQy cjf ?AdjO()jW 14ndge
(d) 8919909n. A @Uwtw@ W. WWQh 4 w 1$ Imtod I not be mPVcd uW853
ww ftr@gft $hRu QenfQrm to th@ W-4 of tho land W, diatr�ct into which it is
(�) Chqn#@ in use• A 4e4mPArming wv sNW M bc Qhngcd to my other un was the new
VW QQ09M, 4 W ft PrPV41"Pus Of tb@ INd Us@ dIM"Pt M* whIQbI"tj"$ Imtedt
TermimOpm.
01) AmWommm or discontinwme. Wh.m 4 nPnonfPl# un of lod or s1mCt4t;'6 is
diwo4omw or gb u@d fQT s14 WRWQUdvQ Mpn#* or one year m ft Ease of aOred
IQb9W' O; ftO NEh ww M. 14Y Rpt W M@4bl?Phd or ood, and any subqunt
PP�§� ��8� �P t�� P�P�gIPUof �s @W Land Pmlament Cody �
F. #2Q 12-114 ggG 4 of 7
Comprehensive �� ¢ut Qr Qt m3u Fy qwomcut for
QPVAjVa4 fqT jo§ Om Z04 d#ys jp dim sI W diNouftwd and sWtl not be
in MY d!%d0 ftt pToWbIts YAt3olpu =�
th@ @eOvQ Pf�@ a�►�� t�
w�i�� 4 ��pn �� dQrIvod,, Lows, sublmie
s,
�gnmMA eT eth@r QQQMPARQY 4MQA" for QOMPOUPOQu Of RV spa= for six
PT M8M Wift A PATOQUIV F*V Pod(, Ate@r m ?t dcsipawd SoN@ ama,
§ b@ dINQ40PAwd mid I not b.Q mmol, @Xwor mtow imo, aft the
d f@QOYQ of ft pT&M@ ftQm whiQh Ws WwWn ls 604
(2) PqMqp pr &,vPw#q.n. ExQ@pt M pmvid@d M* wOQn 110,459 tf 4 sWxtm wq' which a
14mcmuf9rm. uw ig IQQgk4 *14 Qr do#Qyod ap as to MqWm substatial
impmYMCA on ft StrUQUWV try W rVPWW or r-CStQ Wy for um. OW cod
Qrm
it to value sho be
d@"PiA@d bY TQfQQ@ W ft pfftQW Ox m-mmont rolls for that year or by an
P "W bY A q"ift@d in-dQMdW opprOwri The @xWnt of
. TIM dwqo or dosti-volon
W d@"Pimd by ft Widius oftloW, in FansWtatian with the �ee�eg-e€
bY �mg th@ �d cost of r.�paixs or restoration with the fair
(3) PqMq$-f qnd &s#W#qR in F.0t�i»t�rE1Al,�sh��#g d�st�'�F�s (CAA, C.F'Vand C.�'SD). In t eh
CFA CFV and CFSD laud use di�triota nr„�confomun� �€e� uws jj3AWIX
Ag Qf &PtmbQT- 152 19809 =y bQ robuut QvCU if 100 ant deAMY4
pmNq.d@d Ow fty m robwlt to PMOXWoo u$@, bWlftg footprint and FOIg�UTA�10a
Vviftut 104mm m ity p�' Inkmilty of �� and re�istored
I 02-�i5 in accordance withceet;
L4)- Llama,e and destruction water dependent and tiyaterArelated commercial
Lawfully Bstablish6d water-deuend_�n+ and water r�la�d
Rpmmgrmal uses W111Ch dentiflBd as a So»roe of r�nnllom?G SLR ainabllitV 'tia�uu"1 8
Livabls CO Alan mad ba r�srnitted t� be rebuilt even i� 100 _ p,�r
�ro�prflvided that they are rabui_it to praexi�t�e �.� and reeisren,d in acco� ann
mft seattonIDe�� D�vela�ment shall be brousht� into eor�plianca to��
extent praaaoal as determined by -the Plamsr director
On, 103-57, NON(mabrMIRS Itructumll
00 AWbPrAY to EAntirYP• A uPnomfo�1�@ �� devowd to & um perr4itw m the Use
&W-44"I wb.I"Qh it i@ ImW gmY b@ w4fmvW in awordjmcc with tho provia�o� ofthis
WO pn.
(b.) Ordinmy. rppqjr qnd mgintgm
rq*r of
p-rwpfmg WWWO rvizidmd in WMrAm-nee with Mgfign 102,P55*y bc perforawd.
(F) Algriffewnts wd extemigns. NpU.Mahming ttum-'s uacd � a ��
�d9�s � PrPvIO6-t%q%-O of tws � Land Devel�ment Code my toe enlarged or
@YO, prgvid@d tw ft Wagon �'Y �� dot fi r viol .
mtw usted on
th@ N#tign-41 R@04W Of WOTiQ MOM& MAN FlpTlft IRVCWQrY of HiStOric, Alms, for
RMIOQR #P40-12
Fjj@ #2912-114 Page 5 of 7
d"!PWW M WgQrk bY th@ tPWd Of QQRUtY WMWpioum,sal may ba moved uWass it
thqMft@r s1904fprm tA t#@ wg"Am of ft I un "Ot in wbich itis imated.
W RrIM009A
(�) ������i• W��� � A0n1.Qe�Q=-M68 mac? �s PJMdQmd for 12 "=uudvo
1b@wmQY@dprQQuv@*dtpaw 40 ate.
(2)
4. Any pat Qf 4 IRMWAMi14 Oxt= tit Is- or dooftyad to the mom
Qf I @p Ow 50 Pi t Qfft f* ma
ftt v@alj@ of owh suwwm -my bc matamd as
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ISO 19
PANED An ADAPTED by THE NI,ANNING CpMMT88IpN of Monroe County,
Flutida, at a ragulas meoting bald an the 26" of $"tam-tmr, 2012,
c WQTIIUO
ViQcech* Wall
ConpWasionor Hal@
Commissioncr Lwtbers
comm,poloacr wiatt
PLANNING COMWSSION OF M(iNN4F COUNTY, F7AlRIDA
fly
D9vwQr)iA8* chair
81 g@d t1i.Q JA'f k d4y of 2012.
A wm" TH a
OCT 18 2012
A0Eldf311` MIRK
R@ #201?-114
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