Item D1 Chapter 102Monroe County Comprehensive Plan Update
Chapter 102 - ADMINISTRATION
ARTICLE L IN GENERAL
Secs. 102 -1- 102 -18. Reserved.
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ARTICLE IL DECISION - MAKING AND ADMINISTRATIVE BODIES
Sec. 102 -19. Board of eCounty eCommissioners B( OCC)
In addition to any authority granted the beat:d of 6�e�BOCC by state law the
Comprehensive Plan or this Land Development Code, the BOCC
shall have the following powers and duties:
( -�) To adopt and amend the future land use map, and official land use (zonin
deve oilmen district map and existing n di t i ns map after recommendation by the
Pplanning Csommission The public hearings and adoptions shall take place at the
BOCC's meeting site in Kev West. Marathon or Kev Larizo_ whichever site is closest to
the subject property or next closest to the subject property
(b -2) To initiate amendments to the text and maps of the Comprehensive Plan and this Land
Development Code ;
(c -3) To hear, review and adopt amendments to the text and maps of the Comprehensive
Plan and this Land Development Cod after recommendation by the
pPlanning eCommission;
(d4) To act upon applications for variances from the elevation requirements of the
floodplain management regulations of the Comprehensive Plan and this Land
Development Code p�an;
(e5) To designate and appoint a hearing officer to make recommendations in regard to
determinations of vested rights or such other decisions as the BOCC may deem
appropriate;
(f6)To take such other action not delegated to the Pplanning Csommission as the bed of
eettaty BOCC may deem desirable and necessary to implement the
provisions of tke�e the Comprehensive Plan and this Land Development Codefegt a4efts
a nd t 4 e plan
(g -7) To hear and act upon applications for
developments of regional impact -op-af&4e-be h-e silb,ieet of development agreements;
agreements with the State Land Planning Agency under Chapter 380, F.S.; plat
approvals; floodplain management variances; appeals of the Pplanning Ddirector's
decisions on impact fees; ; and any other item
which the beafd in its discretion, decides should be heard; and to make adoptions
of findings of fact and orders for beneficial uses and vested rights; designations of
archaeological, historical or cultural landmarks; designations of areas of critical county
concern or any modification of such designations. The above - referenced up blic hearings
and adoptions shall take place at the board's meeting site in Key West, Marathon or Key
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Largo, whichever site is closest to the subject property or at the board's meeting site that
is next closest to the subject property. In the event a proposed area of critical county
concern will affect various properties a portion of which are closest to one hearing site
and a portion of which are closest to another, then at least one hearing shall be held at
each site before any final board action may be taken; and
(h3) To establish, by resolution, a schedule of fees to be charged by the Ggrowth
M fanagement Ddivision (GMD) to persons filing text amendments, map amendments,
land development permit applications, land development approval applications, and land
development order applications however styled, and any land development order appeal
however styled. In establishing the fee amounts, the GMD Ddirector shall present
evidence to the BOCC of the cost incurred by the GMD in staff time, and material
expended, that are usually required to review the particular item that is the subject of the
proposed fee. The overall general administrative and operational overhead of the GMD
may not be included in the fee amount. While mathematical exactitude is not required, no
fee adopted by the beat: BOCC pursuant to this subsection may be in excess of the
amount reasonably supported by the evidence submitted by the GMD Ddirector regarding
the staff time incurred, and material expended, usually required for the review of the
particular item that is the subject of the proposed fee. Any fee resolution considered by
the board BOCC pursuant to this subsection must be heard by the BOCC at a time
certain public hearing with public notice provided in the same manner as the public
notice required for the adoption of an ordinance under F.S. Section 125.66(2)(a). At the
public hearing, members of the public must be afforded an opportunity to comment on
the proposed fees. The fees established shall generally be nonrefundable; provided,
however, the GMD Ddirector may approve a refund of up to 50 percent of the fee upon
good cause shown by the applicant and the finding that the refund will not result in GMD
staff time costs or material costs already expended going unreimbursed.
Sec. 102 -20. Planning Ceommission.
(a) Creation. There is hereby established a Pplanning Ceommission.
(b) Powers and duties. The pPlanning Ceommission shall have the following powers and
duties:
(1) To serve as the L local Pplanning A -agency (LPA), required by F.S. § Section
163.3174;
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163.3225
et .
1 aw a-Hd
(h3) To establish, by resolution, a schedule of fees to be charged by the Ggrowth
M fanagement Ddivision (GMD) to persons filing text amendments, map amendments,
land development permit applications, land development approval applications, and land
development order applications however styled, and any land development order appeal
however styled. In establishing the fee amounts, the GMD Ddirector shall present
evidence to the BOCC of the cost incurred by the GMD in staff time, and material
expended, that are usually required to review the particular item that is the subject of the
proposed fee. The overall general administrative and operational overhead of the GMD
may not be included in the fee amount. While mathematical exactitude is not required, no
fee adopted by the beat: BOCC pursuant to this subsection may be in excess of the
amount reasonably supported by the evidence submitted by the GMD Ddirector regarding
the staff time incurred, and material expended, usually required for the review of the
particular item that is the subject of the proposed fee. Any fee resolution considered by
the board BOCC pursuant to this subsection must be heard by the BOCC at a time
certain public hearing with public notice provided in the same manner as the public
notice required for the adoption of an ordinance under F.S. Section 125.66(2)(a). At the
public hearing, members of the public must be afforded an opportunity to comment on
the proposed fees. The fees established shall generally be nonrefundable; provided,
however, the GMD Ddirector may approve a refund of up to 50 percent of the fee upon
good cause shown by the applicant and the finding that the refund will not result in GMD
staff time costs or material costs already expended going unreimbursed.
Sec. 102 -20. Planning Ceommission.
(a) Creation. There is hereby established a Pplanning Ceommission.
(b) Powers and duties. The pPlanning Ceommission shall have the following powers and
duties:
(1) To serve as the L local Pplanning A -agency (LPA), required by F.S. § Section
163.3174;
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(2) To prepare or cause to be prepared a comprehensive plan or element thereof and
make recommendations to the BOCC regarding the adoption or amendment of such
comprehensive plan or element;
(3) To review and make recommendations to the beat:d of ,.,, ision°rsBOCC
in regard to amendment of the future land use map and official land use (zoning) district
map;
(4) To hear, review and approve or disapprove applications for met- e1major
conditional use permits and those minor conditional use permits requiring review by the
Planning Commission pursuant to Sec. 110 -69
(5) To rp epare initiate, hear, review and make recommendations to the beat:d of eettn- y
eeffifflissieli BOCC on applications for amendment to the text of this Land
Development Code, and to the consistency of the proposal with the adopted
comprehensive plan
(6) To hear, review and recommend approval or disapproval of all plats i n .,,.eet:a.,,,,.°
(7) To hear, consider and act on appeals of administrative actions;
(8) To act to ensure compliance with major conditional use permits, as approved and
issued;
(9) To make its special knowledge and expertise available upon reasonable written
request and authorization of the board of to any official,
department, board, commission or agency of the county, state or federal government; and
(10) To adopt such rules of procedure necessary for the administration of its
responsibilities not inconsistent with this article to govern the commission's proceedings.
(c) Qualifications for membership. Members shall be chosen from persons with experience
in the areas of planning, environmental science, the business community, the development
industry, and other Key-s local industries. Members of the Pplanning Csommission shall be
qualified electors in the county. In the event that any member is no longer a qualified elector
or is convicted of a felony or an offense involving moral turpitude while in office, the
of sion°rsBOCC shall terminate the appointment of such person as a member
of the Planning c-Commission.
(d) Membership: appointment, removal, terms, and vacancies.
(1) The Pplanning Csommission shall be composed of five members. Vacancies shall be
filled by nomination by the district's county commissioner for the district whose member
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on the BOCC made the previous appointment for the
vacant seat. The county commissioner shall nominate a person qualified as provided in
subsection (c) of this section to be approved by the BOCC
by a vote of at least three members. The geographical representation of the Keys shall be
considered, but not required when making appointments to the Pplanning Csommission.
If there is a vacancy on the Pplanning Csommission which remains unfilled for more than
60 days, the County M fayor may appoint a person to hold the office until an
appointment is approved by the BOCC
(2) Members shall serve at the pleasure of the beard of e I ' e+ BOCC
Removal shall be approved by the affirmative vote of at least three members of the beqvd
o f,., ttaty eemm
(3) All appointments shall terminate upon replacement by a county commissioner with
another person appointed and approved by the BOCC eettaty eemmission. Confirmation
of existing appointments or nominations for new appointments by all county
commissioners elected in the fall of each election year shall be made by those
commissioners at or before the regular monthly meeting of the
eemalission BOCC in February of each year following an election year. If such
ratification or appointment does not take place, the respective Pplanning Csommission
seat shall be deemed vacant. Terms of the Pplanning Csommission appointments shall be
from their appointment dates until replaced or terminated. Planning commission members
serving as of August 1, 2009 shall be subject to the provision of this subsection and shall
serve until replaced as described above, whether filling out the term of a previously
appointed member or serving their own terms.
(4) At an annual organizational meeting, the members of the Pplanning Csommission
shall elect one of its members as chair and one as vice - chair. In the absence of the chair,
the vice -chair shall act as chair and shall have all powers of the chair. The chair shall
serve a term of one year. No member shall serve as chair for more than two consecutive
terms.
(5) The presiding officer of any meeting of the Planning C sommission may administer
oaths, shall be in charge of all proceedings before the Planning C sommission, and shall
take such action as shall be necessary to preserve order and the integrity of all
proceedings before the Planning C sommission.
(6) If a Planning Commission member desires to be excused from attendance at any
commission meeting, he /she shall contact the pPlanning sCommission coordinator prior
to the meeting. The pPlanning sCommission coordinator shall report the request to the
chair who shall make the determination to grant or deny the request. If any member of the
commission shall fail to attend three regular consecutive meetings without prior notice
and an excuse sufficient to the Pplanning Csommission, such failure shall constitute
sufficient grounds for termination of the member's appointment. The pPlanning
sCommission coordinator shall notify the chair or the vice - chair, as the case may be, and
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he or she shall immediately file a notification of such nonattendance with the Csounty
A -administrator for placement on the agenda of the d of eettfity
BOCC and the BOCC shall, by appropriate action, terminate the
appointment of such person and fill the vacancy thereby created as soon as practicable. -A
t o dote,.,,,;,, ,t; ,,, n „t 01 d efly t e r est
(7) A representative of the school district shall be appointed by the school board as a
nonvoting ex- officio member of the Pplanning Csommission and s the representative
may attend those meetings at which the Pplanning Csommission considers text and map
amendments to the sComprehensive pPlan or ILand dDevelopment sCode amendalents
that would, if approved, affect the school district byiftef " " " ''""t'"
fAhThe base commander of the Naval Air Station Key West or designee shall be a non-
voting ex- officio member of the Pplanning Csommission as long as such a requirement
for military installation representation is in the Florida Statutes.
(e) Planning Commission Coordinator / Recording secretary. The dreeter of '
Director shall appoint a planning commission coordinator / recording secretary to serve the
Pplanning Csommission. The secretary shall keep minutes of all proceedings of the Planning
Csommission, which minutes shall be a summary of all proceedings before the Planning
Csommission, attested to by the secretary, and which shall include the vote of each member
upon every question. The minutes shall be approved by a majority of the members of the
Planning C sommission voting. In addition, the secretary shall maintain all records of
commission meetings, hearings and proceedings, - e eeffespendenee of t4esemmis lo r an
agendas and or-minutes -ate
(f) Staff. The P lanning and Environmental Resources Department shall be
the professional staff of the Pplanning Csommission.
(g) Quorum and necessary vote. No meeting of the !!planning Csommission may be called to
order, nor may any business be transacted by the Planning C sommission, without a quorum
consisting of at least three members of the Planning C sommission being present. The chair
shall be considered and counted as a member. The concurring vote of at least three members
shall be necessary for the commission to take action on major eretconditional use
permit applications, final plat aplications -aevals and text and map amendments to the
text of the sComprehensive pPlan and ILand dDevelopment sCode
offieial lard ttse district mar All other actions shall require the concurring vote of a simple
majority of the members of the commission then present and voting.
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(h) Compensation. Planning Csommission members shall be compensated as determined by
the BOCC
(i) Meetings, hearings and procedure.
(1) Regular meetings of the Pplanning Csommission shall be scheduled monthly
beginning January of every calendar year and special meetings may be scheduled as
required by a majority of the beard of e ssion°rsBOCC the chair of the
Pplanning Csommission, or a majority of the members of the Pplanning Csommission.
(2) The regularly scheduled (monthly) meetings shall be held in Marathon. All items
which relate to specific properties such as but not limited to major conditional
use permit variances and administrative appeals, shall be held at the regularly scheduled
meetings, with the exception of property specific applications that have extenuating
circumstances that require such applications to be considered at special meetings in the
lower or upper keys. The Pplanning Csommission may, in its discretion, schedule special
meetings as required by the demand for such meetings. In cases where an item is
postponed due to the lack of a quorum of the Pplanning Csommission, the item shall be
continued to a special meeting or to the next available regular meeting. In cases where an
item is postponed for any other reason, the item shall be continued to the next regularly
scheduled meeting or as otherwise decided by the Planning Commission Items which are
related to specific properties, such as but not limited to text amendments to the
comprehensive plan and the land development code t -�is ,.hapter and ,.,, mpt:e h efis i ve plan
ems may be heard in Marathon or the !!planning Csommission may, in its
discretion, schedule such items for the most appropriate subarea or for additional
meetings in the lower or upper keys eaeh stt ,.
(3) All meetings and hearings of the commission shall be open to the public.
Sec. 102 -21. Planning and Environmental Resources Department of pinnning.
(a) Duties; a . The depat4m°fi* of p'^ftffing lanning and Environmental Resources
Department shall perform the planning and environmental functions for the county and shall
provide technical support and guidance for action on applications for development approval
and shall perform such other functions as may be requested by the
BOCC or the Pplanning Csommission.
(b) Planning, Director.
(1) Creation and appointment. There shall be a Planning and Environmental Resources
Director, also referred to as the P planning Ddirector, selected and approved by the
Assistant County Administrator and the Csounty
A -&dministrator, and the BOCC if desired.
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(2) Jurisdiction, authority and duties. In addition to the jurisdiction, authority and duties that
may be conferred upon the Pplanning Ddirector by other provisions of this Land
Development Code, the Pplanning Ddirector shall have the following jurisdiction,
authority and duties:
a. To serve as staff to the Pplanning Csommission and to inform such body of all
facts and information at his or her disposal with respect to applications for
development approval or any other matters brought before it;
b. To assist the BOCC and the P lanning Csommission in the review of the
Comprehensive P plan, including the capital improvements program, the Land
Development Code,e�� and proposed amendments thereto;
c. To maintain and update the future land use map and official land use ( zonin g)
district map
0 tts map is "d
d. To maintain development review files and other public records related to the
department's affairs;
e. To review, or cause to be reviewed, A—applications for major conditional use
permits and plat approvals;
f. To review and approve, approve with conditions, or deny A—applications for
minor conditional use permits;
g. To recommend amendments to the Comprehensive P plan and the Land
Development Code
h. To render interpretations of the Comprehensive P plan, the Land Development
Codej ehapte or the boundaries of the official land use (zoning) district map and
future land use map;
i. To evaluate and act upon claims of nonconforming uses and structures;
j. To work to coordinate all local, regional, state and federal environmental and
other land development permitting processes affecting development in the county;
k. To plan for and evaluate all transportation improvements for the county, and
coordinate such activities with the Florida Department of Transportation;
1. To issue e€ttifieates of eemplianee and sign pt:e eation eefifet:efi letters of
understanding and letters of development rights determination :r aeeet aree ..,4 *he
oa,,,.oS sot fel:t4 i 4 pl
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m. To establish such rules of procedure necessary for the administration of his or her
responsibilities under the Comprehensive pPlan and Land Development Code and
n. Whenever requested to do so by the Csounty Aadministrator or the ref
eettfity BOCC with the assistance of other county departments, to
conduct or cause to be conducted surveys, investigations and studies, and to prepare
or cause to be prepared such reports, maps, photographs, charts and exhibits as may
be requested.
(c) Development Rreview Csommittee.
(1) Creation and composition. As required for the items being reviewed, the Ddevelopment
Reeview Csommittee (DRQ shall be composed of the following members:
a. the P planning Ddirector or his or her designee;,
b. the Planning and Development Review Manager,
c. the Comprehensive Planning Manager;
d. the County Biologist or his or her designee,
e_and4he planner and /or biologist in charge of the particular item being considered„
and depending en t4€- applie-ationbeing Feview°a� ifiEktde
f . - public works and engineering personnel, as needed based on the applications
being reviewed;
S. department personnel as needed based on the aplications being reviewed;
h - the building official or his or her designee, as needed based on the applications being
reviewed;
i_any other county employee or official designated by the Csounty Aadministrator or
the Pplanning Ddirector,
j_. representatives of aMeash
local, regional, state or federal agency that has entered into an intergovernmental
agreement with the county for coordinated development review when appropriate,
and
k —Aa representative of the state land planning agency depat4meiit of eemmttflity affairs
shall serve as an ex officio member of the development ev ict ,, eemmittee DRC as
long as the county is located within an area of critical state concern.
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(2) Development review committee meetings
a. The DRC shall meet at least once a month unless there is no item for the agenda
to e0fi sidef: s b its „oss a is pt : ese- -ibed b tl„s ., ; e li*g -
1. Review scheduled ReN applications for development approval as
required by this se4 fet:t4i in t4e Land Development c-Code and provide comments
on such applications to the Planning Director and the applicant
2. Review scheduled R all applications for amendments to the text of
the Comprehensive pPlan and the Land Development Code and provide
comments on such applications to the Planning Director and the applicant
3. Review scheduled aplications for amendments to the future land use map and
official land use (zoning) district map and provide comments on such applications
to the Planning Director and the aplicant.
b. The Planning Director, or his or her designee, shall serve as chair of the DRC and
the Planning Director or his or her designee shall maintain such minutes and
records as are required by state law.
c. Any action reviewing an pefmit application shall not preclude the applicant's right
to be present when his or her project is discussed before this body.
d. Dfaft - sStaff reports on applications prepared by staff from the Planning and
Environmental Resources Department
eenimitte shall be given to the Pplanning Ddirector and the applicant.
e. Staff reports on applications prepared P,,,.1i ,.,.ri,weffr s by DRC members not in
the depat4m°fit of Pplanning and Environmental Resources Department may be i*
provided to the other members of the DRC
ri„ttee the Pplanning Ddirector, and eemmttflie to the applicant.
f. A resolution and fitial staff report, considering development ev ict ,, eemmittee
DRC recommendations and other relevant information shall be prepared after the
development mitteeDRC meeting for those items proceeding to the
Pplanning Cc-ommission.
Sec. 102 -22. County aAttorney.
In addition to the jurisdiction, authority and duties that may be conferred upon the county
attorney by other provisions of this Monroe County Code, the Cc-ounty A -attorney shall have the
following authority and duties:
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( -�) To review and approve as to form all written findings of fact and resolutions drafted
by the Pplanning Cc-ommission or the beat:d of ee N* ^N°rsBOCC in connection
with any requirement of the Comprehensive Plan and the Land Development Cod
ehaptef;
(b -2) To review and approve as to form all easements, declarations of covenants, letters of
credit, performance guarantees or other such documentation; and
(c -3) To advise the staff of Pplanning and Environmental Resources
Department dDevelopment r c-Committee, Pplanning Cc-ommission, and ref
eettfity BOCC in regard to the legal issues that may arise during
implementation of the Comprehensive pPlan and th Land Development Codeis
Sec. 102 -23. County eEngineer.
In addition to the jurisdiction, authority and duties that may be conferred upon the county
engineer by other provisions of their Monroe County Code, the Cc-ounty eEngineer shall have
the following authority and duties:
( -�) To serve as a member of the Ddevelopment Rfeview Cc-ommittee;
(b -2) To review and approve the design specifications for required subdivision
improvements;
(c -3) To calculate the amounts of required subdivision improvement guarantees;
(d4) To determine the sufficiency of improvement guarantee fund balances; and
(e5) To inspect, approve and recommend acceptance of public improvements.
Sec. 102 -24. Hearing , &Officer.
(a) Creation and appointment. The BOCC shall appoint one
or more hearing officers or special magistrates to hear and consider such matters as may be
required under any provision of this land development code ehapte or as may be determined
to be appropriate by the beafd BOCC from time to time. Such hearing officers shall serve at
the pleasure of the BOCC for such period as is determined by the beafdBOCC Such
hearing officers shall be compensated at a rate to be determined by the b^.,,.a ^f ^�*
BOCC which amount shall be reimbursed to the county by the applicant.
Whoever shall accept an appointment as a hearing officer shall, for a period of one year from
the date of termination as holder of such office, not act as agent or attorney in any
proceeding, application or other matter before any decision - making body of the county in any
matter involving property that was the subject of a proceeding which was pending during the
time he served as a hearing officer.
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(b) Minimum qualifications. A hearing officer shall have the following minimum
qualifications:
(1) Be an attorney admitted to practice before the state supreme court;
(2) Demonstrate knowledge of administrative, environmental and land use law practice
and procedure; and
(3) Hold no other appointive or elective public office or position during the period of
appointment.
(c) Duties. A hearing officer shall have the following duties:
(1) To conduct hearings on such matters as required under the Land Development
Code
(2) To conduct hearings on such matters as may be requested by the
eeffifflissieli BOCC
(3) To render to the beafd of si�BOCC a written report containing a
summary of the testimony and evidence given and findings and recommendations
regarding the specific standards applicable to the particular application for development
approval;
(4) To issue subpoenas to compel the attendance of witnesses and production of
documents, and to administer oaths to witnesses appearing at the hearing; and
(5) To perform such other tasks and duties as the BOCC
may assign.
Sec. 102 -25. Qualified bBiologists.
(a) County biologists. The county shall employ qualified biologists to be available to conduct
the field surveys required under this ehapt xFLand Development Code The costs incurred by
the county for conducting such surveys shall be reimbursed by the applicant for development
approval for whom the survey is conducted.
(b) Alternate biologists. An applicant for development approval may use a biologist not
employed by the county for a required field survey, provided that the biologist is a
professional familiar with the natural environment of the Florida Keys. Biological
assessments by alternate biologists are subject to review and approval by the
of-- Planning and , eEnvironmental rResources Department and the Planning D director--of
Secs. 102 -26- 102 -53. Reserved.
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ARTICLE III. NONCONFORMITIES
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 original 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 regulation within this Land Development
Code that do not or no longer conform to the provisions of this Land Development Code. N41+Y
*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 known, lawful nonconforming uses and structures may be registered with the
Pplanning and Eenvironmental Rfesources Ddepartment. In the course of its duties related to
development review, staff of the planning department shall identify and recognize
nonconforming uses and structures. Property owners may also independently apply to the
department for such determinations.
(b) The Planning Director, or his or her assigned designee, shall review available documents
to determine if a body of evidence exists supporting the lawful establishment of a use or
structure prior to the change in regulation that deemed the use or structure nonconforming.
Any issued Monroe County building permit(s) for the original establishment or construction
of the use or structure, confirming its approval and existence prior to the change in regulation
that deemed the use or structure nonconforming, can stand as the only piece of evidence.
If there are no such building permit(s) available, additional evidence shall be documented
and submitted to the pPlanning dDirector on a form provided by the pPlanning and
Environmental Resources Department and shall include, at a minimum, at least two of the
following documents:
(1) Any other issued Monroe County building �permit(s) approvin_ g or _g or supporting the
existence of the structure(s) and /or use,
(2) Documentation from the Monroe County Property Appraiser's Office supporting the
existence of the structure(s) and /or use,
(3) Aerial photographs and original dated photographs showing the structure or use
existed on site,
(4) State and /or county licenses, supporting the existence of the structure(s) and /or use,
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(5) Documentation from the utility providers indicatin the he type of service (residential or
commercial) provided, and
(6) Similar supporting documentation not listed above as determined suitable by the
pPlanning dDirector.
LcjOnce discovered and determined to be lawful, the pPlanning dDirector, or his or her
designee, shall add recognized lawful nonconforming uses and structures to an official
registry.
Sec. 102 -56. Nonconforming tUses.
(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 Land Development Code and / 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 of
the original ordinance from which this section is derived (September 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 Monroe County Code provisions
expressly allowing vacation rental uses.
and
(
Nonconforming nonresidential uses in OS, NA, SS, SR, SR -L, IS, IS -D, URM,
and UR land use districts, which lawfully existed on January 4, 1996, may develop,
redevelop, reestablish and /or substantially improve, provided that the use is limited in
intensity, floor area, and to the type of use that existed on January 4, 1996 and is
registered in accordance with section 102 -55.
(b) Ordinary repair and maintenance. Normal maintenance and repair to permit continuation
of nonconforming uses registered in accordance with section 102 -55 may be performed.
(c) 4'v r LWynsions Nonconforming uses shall not be °expanded 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
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(2) Occupancy of additional lands however, accessory uses associated with a lawful
nonconforming principal use may be permitted if in compliance with all other provisions
of the LDC
(d) Relocation. A structure in which a nonconforming use is located shall not be moved
unless the use thereafter shall conforms to the 'im��sprovisions of the future land use
category and the land use (zoning) district into which it is relocate
(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 future land use category and the land use (zonin
district in which it is located.
(f) Termination.
(1) Abandonment or discontinuance. Where a nonconforming use of land or structure is
voluntarily discontinued or abandoned as defined in Sec. 101 -1, for eighteen (18)
consecutive months ^ r the ^ ° of st^t:ed lobster tt:aps 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 Comprehensive Plan. Leases, subleases, assignment
or other occupancy agreement 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 use after the effective date of the original ordinance from which
this section is derived, September 15, 19861. Leases '�' °�� °� - - alents of 0ae
(2) Damage or destruction. Except as provided in -iSec Lion 102-56(j)(3) and t4 ,
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 (zoning) 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
Pplanning Ddirector, by comparing the estimated cost of repairs or restoration with the
fair market value (such damage or destruction may be voluntarily or due to natural
phenomena whose effects could not be prevented by the exercise of reasonable care and
foresight).
(3) Damage and destruction of nonconforming uses in commercial fishing districts (CFA,
CFV and CFSD) and Community Center Overlav Districts (CO In the CFA, CFV, and
CFSD land use (zoning) districts and the CC overlay districts identified in Section 130-
132 through Section 130 -139 nonconforming uses lawfully existing as of September 15,
1986, may be rebuilt even if 100 percent destroyed, provided that they are rebuilt to
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preexisting use, building footprint and configuration without increase in density or
intensity of use identified in Section 130 -157 and registered in accordance with section
102 -55. Development shall be brought into compliance to the maximum extent
practicable, as determined by the Planning Director.
(4) Damage and destruction of water- dependent and water - related commercial
nonconforming uses. Lawfully established water - dependent and water - related
commercial uses which are identified as a source of economic sustainability within a
Livable CommuniKeys Plan may be permitted to be rebuilt even if 100 percent destroyed
provided that they are rebuilt to preexisting use and registered in accordance with section
102 -55. Development shall be brought into compliance to the maximum extent
practicable, as determined by the Pplanning Ddirector. Fer pttFP ses of t4is section, toe
ifiEktde —ate at least twe of t o e f ll w i fig a„e e
51 Amortization. Anv nonconforming use may be subiect to compulsory termination
when it is found detrimental to the conservation of the value of surrounding land and
improvements, or to future development of surrounding lands, and therefore is tending to
deteriorate or blight the neighborhood. In ordering the compulsory termination of a
nonconforming use, the BOCC will establish a definite and reasonable amortization
period during which the nonconforming use may continue while the investment value
decrement resulting from termination is amortized. Determination of the amount to be
amortized shall be based on the value and condition of the land and improvements for the
nonconforming use less their value and condition for a conforming use, and such other
reasonable costs as the termination may cause. The rate of amortization shall be in
accordance with reasonable economic practice.
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Sec. 102 -57. Nonconforming sStructures.
(a) Authority to continue. A nonconforming structure devoted to a use permitted in the land
use (zoning) district in which it is located or devoted to a nonconforming use with authority
to continue pursuant to Sec. 102 -56, may be continued in accordance with the provisions of
this section.
(b) Ordinary repair and maintenance. Normal maintenance and repair of nonconforming
structures registered in accordance with section 102 -55 may be performed.
(c) Enlargements expansions, and extensions. Lawful Nnonconforming structures that are
used in a manner conforming to the provisions of this Land Development Code and the
Comprehensive Plan may be enlarged expanded, or extended, provided that_
(1) the improvement does not constitute a substantial improvement,
(2) a nonconforming use is not located in the nonconforming structure, and
(33,) the nonconformity is not further violated.
(d) Relocation. A nonconforming structure, other than a* historic structure listed on the
National Register of Historic Places, the Florida Inventory of Historic Places, and /or
designated as historic by the BOCC shall not be moved
unless it thereafter shall conform to the regulations of the land use district in which
it is relocated.
(e) Termination.
(1) Abandonment. Where a nonconforming structure is voluntarily abandoned for 1
consecutive months, then such structure shall be demolished, removed or converted to a
conforming structure.
(2) Damage or destruction.
a. Aiiy p ,, � 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 le is issued within six months of the
date of the damage (such damage or destruction may be voluntarily or due to natural
phenomena whose effects could not be prevented by the exercise of reasonable care
and foresight)
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 Lzoningidistrict in which it is located. Fair
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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 Pplanning Ddirector, by comparing the estimated cost of repairs or
restoration with the fair market value.
c. Substantial improvement or reconstruction of nonconforming single - family
residences shall comply with all aplicable setback provisions of this Land
Development Code except where strict compliance would result in a reduction in lot
coverage as compared to the pre - destruction footprint of the house. In such cases, the
maximum shoreline setback shall be maintained and in no event shall the shoreline
setback be less than ten (10) feet from mean hiizh water.
(3) Amortization. Any nonconforming structure may be subject to compulsory
termination when it is found detrimental to the conservation of the value of surrounding
land and improvements, or to future development of surrounding lands, and therefore is
tending to deteriorate or blight the neighborhood. In ordering the compulsory termination
of a non conforming structure, the BOCC will establish a definite and reasonable
amortization period during which the nonconforming structure may continue while the
investment value decrement resulting from termination is amortized. Determination of
the amount to be amortized shall be based on the value and condition of the land and
improvements for the nonconforming structure less their value and condition for a
conforming structure, and such other reasonable costs as the termination may cause. The
rate of amortization shall be in accordance with reasonable economic practice.
(f) Water- dependent and water - related commercial nonconforming structures. Lawfully
established water - dependent and water - related nonresidential structures which are identified
as a source of economic sustainability within a Livable CommuniKeys Plan may be
permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to
preexisting use and registered in accordance with section 102 -55. Development shall be
brought into compliance to the maximum extent practicable, as determined by the Pplanning
dDirector. ,
64 �1
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twevi ded; *
Sec. 102 -58. Nonconforming Accessory tUses and -aAccessory sStructures.
a A nonconforming accessory use shall not continue after the
principal sti etti., o f us '�a'� has terminated ttfi'ess stieh 84 +1et tr 1-4se * —pt:e f
shall rf t= to too r of too land , e di et i A "ieh i i l,,
(b) A nonconforming accessory structure shall not continue after the principal use or
structure is demolished or otherwise eliminated unless the structure is modified to conform to
the provisions of the land use (zoning) district in which it is located and associated with a
new principal use.
rM
Secs. 102 - 60102 -78. Reserved.
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.•
7�trs���
- - - - -- --
- - -- - - - - - --
- - - -- -
- - -- - - -- -
wo
Secs. 102 - 60102 -78. Reserved.
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ARTICLE IV. PROTECTION OF LANDOWNERS' RIGHTS
DIVISION]. GENERALLY
Sec. 102 -79. Purpose.
It is the purpose and intention of the BOCC to ensure that each
and every landowner has a beneficial use of his property in accordance with the requirements of
the Fifth and Fourteenth Amendments to the United States Constitution and to provide a
procedure whereby landowners who believe they are deprived of all beneficial use may secure
relief through an efficient nonjudicial procedure.
Secs. 102 -80 -102 -101. Reserved.
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DIVISION 2. BENEFICIAL USE DETERMINATIONS
Sec. 102 -102. Generally.
If, after a final decision or action by the county, including available variances, a landowner is of
the opinion that the adoption or application of a county Lland Ddevelopment tegtr or
Csomprehensive Pplan policy has caused a taking of the landowner's property, the procedures of
this division shall be used prior to seeking relief from the courts.
Sec. 102 -103. Purpose and itntent.
(a) The purpose of this division is to ensure that the adoption or application of a county
L land Ddevelopment t:egttla or Csomprehensive Pplan policy does not result in an
unconstitutional taking of private property.
(b) The intent of the beat:d of ee i ' i4effer- BOCC is that this division provide a
means to resolve a landowner's claim that a Lland Ddevelopment Code or
Csomprehensive Pplan policy has had an unconstitutional effect on property in a nonjudicial
forum. This division is not intended to provide relief related to regulations promulgated by
agencies other than the county or to provide relief for claims that are not cognizable in court
at the time of application under this division. Further, the procedures of this division are not
intended, nor do they create, a judicial cause of action.
Sec. 102 -104. Exhaustion.
Relief under this division cannot be established until the landowner has received a final decision
on development approval applications from the county, including building permit allocation
system applications, appeals, administrative relief pursuant to section 138 -27 and 138 -54, and
other available relief, exceptions, or variances, unless the applicant asserts that a land
development regulation or comprehensive plan policy, on its face, meets the standards for relief
in section 102 -109.
Sec. 102 -105. Application; oApplicability; sSufficiency.
(a) Generally. An application for a beneficial use determination may be made to the
Pplanning and Environmental Resources D department by filing an application and an
application fee as established by the BOCC bead.
(b) Contents of application. The application shall be submitted in a form established by the
county and shall include the following:
(1) Contact information. The name, address, email address and phone number of the
landowner and applicant or agent;
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(2) Legal description. A legal description and the real estate number for the
property;
(3) Letter of agency. If a person other than the landowner is requesting relief pursuant to
this division, a notarized letter of agency from the landowner authorizing the person to
represent them with respect to the application. Except as specifically provided herein, the
landowner will be bound by the representations, obligations, and agreements made by the
landowner's agent in the course of the beneficial use determination process. The term
"applicant" as used in this division refers to the landowner or the landowner's agent, as
applicable;
(4) Date of acquisition, offers to purchase, attempts to sell. Documentation of the date of
acquisition, the price incurred to acquire the property, the date and amount of any offers
by any person, corporation, governmental entity, or association to acquire the property,
and any attempts by the landowner to sell the property;
(5) Land Ddevelopment t:egt4a Code or Csomprehensive pPlan policy. A statement
describing the Lland Ddevelopment Code feg e *, Csomprehensive VRlan policy, or
other final action of the county, which the applicant believes necessitates relief under this
division, including the effective date of the Lland Ddevelopment t:egttla or
Csomprehensive Pplan policy and /or the date of the final action by the county related to
the property. The application shall identify the subject _Lland Ddevelopment
COde fegeh-4ei+Ei or Csomprehensive Pplan policies of the county by section and number;
(6) Description of land. A description of the property's physical and environmental
features, total acreage, and use presently, at the time of acquisition, and upon the
effective date of the L land Ddevelopment t:egt4a Code or Csomprehensive Pplan
policy or other final action the applicant believes necessitates relief under this division;
(7) Improvements to land. Evidence of any investments made to improve the property,
the date the improvements were made, and the cost of the improvements;
(8) Description of allowable uses. A description of the type and extent of land uses
allowed on the property, from the time the applicant acquired the property until the date
of application under this division, including allowable density, permitted and conditional
uses, open space ratios, and other factors affecting the property's development potential;
(9) Requested relief. A statement regarding the form of relief requested by the
landowner, pursuant to section 102 -110
(10) Maps. Maps shall be included in the application, which show the property
presently, at the time of acquisition, and upon the effective date of the ILand
Ddevelopment r°g Code Csomprehensive pPlan policy, or other action of the
county the applicant believes necessitates relief under this division. Maps shall indicate
the land use (zoning) designation, future land use designation, tier overlay designation,
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aerial photography, and environmental conditions and habitat on the property at the
above times;
(11) Previous development applications and appeals._A description of all efforts to
seek approval to develop the property, including date of application; name of the local,
state, or federal permitting agency; nature of approval, denial, or appeal sought;
disposition; and the date of disposition;
(12) Agency approvals. Evidence of whether the applicant has received necessary
approvals from governmental agencies other than the county, which are required in order
to undertake development of the property, including, as applicable, evidence that
approvals from other agencies are not required;
(13) Signature of landowner and agent._The signature of landowner and agent,
attesting to the accuracy of the statements and representations made in the application;
and
(14) Additional materials._Any other appraisals, studies, or evidence supporting the
applicant's contention that relief under this division is appropriate, including appraisals
related to any alleged diminution in fair market value of the property.
(c) Standards applicable to landowner and landowner's representative.
(1) The landowner and the landowner's representative shall exercise due diligence in the
filing of the application for relief
under this division.
(2) The signature upon the application by the landowner and the landowner's
representative shall constitute a certification that the landowner and landowner's
representative have undertaken due diligence in the filing of the application, that to the
best of his or her knowledge the application is supported by good grounds under
applicable laws, and that the application has been filed in good faith, consistent with the
purpose and intent of this division.
(3) The landowner and the landowner's representative shall have a continuing obligation
throughout the proceedings to correct any statement or representation found to have been
incorrect when made or which becomes incorrect by virtue of changed circumstances.
(4) If a claim for relief pursuant to this division is based upon facts the landowner or the
landowner's representative knew or should have known were not correct or upon
assertions of law that were frivolous, the special magistrate may dismiss the application
and may recommend any remedy or penalty to the board provided by law or ordinance.
(d) Determination of sufficiency._Within 15 calendar days of accepting the application, the
Pplanning Ddirector, or his or hert4e planning aireeter s designee, shall determine if the
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application is complete and includes the materials and information listed in subsections
(b)(1)(13) of this section. The special magistrate may require the landowner or the county
to provide additional information in order to make a determination under this division and
may conduct a hearing on whether the application should be dismissed for failure to include
information necessary to make a recommendation, based on the standards set forth in this
division.
(1) Determined insufficient._If the Pplanning Ddirector determines the application is not
complete, a written notice shall be mailed to the applicant specifying the application's
deficiencies. No further action shall be taken on the application until the deficiencies are
remedied. If the applicant fails to correct the deficiencies within 30 calendar days of a
notice of deficiencies, the application shall be considered withdrawn, and the application
fee shall be refunded to the applicant, upon request.
(2) Determined sufficient._When the application is determined sufficient, the Pplanning
Ddirector shall notify the applicant in writing and, within 60 calendar days, forward the
application to a special magistrate to set a hearing date. The Pplanning Ddirector may
forward to the special magistrate additional materials, applications, or decisions related to
the application, including recommended forms of relief, consistent with this division.
Sec. 102 -106. Action by the sSpecial mMagistrate.
(a) Establishment of date for hearing and notice. The special magistrate shall schedule and
hold a hearing on an individual beneficial use determination application within 90 calendar
days of receipt of the complete application from the Pplanning Ddirector.
(b) Hearing. the hearing, the landowner or landowner's representative shall present the
landowner's case and the PplanningDdirector or his or her toe planning dreetet:'s
representative shall represent the county's case. The special magistrate may accept briefs,
evidence, reports, or proposed recommendations from the parties.
(c) Recommendation of the special magistrate. Within 60 calendar days of the close of the
hearing, the special magistrate shall prepare and transmit in writing to the !!Planning
Ddirector and the landowner, or their representatives, a recommendation regarding the
application, based on the evidence submitted and the standards set forth in sections 102 -109
and 102 -110
(1) If the special magistrate's recommendation is that relief is not appropriate, the special
magistrate's recommendation shall specify the basis for the recommendation.
(2) If the special magistrate's recommendation is that relief is appropriate, the special
magistrate's recommendation shall:
a. Recommend a form of relief, pursuant to section 102 -110; and
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b. Indicate the basis for the recommendation, including, as applicable:
1. Identification of the county L land Ddevelopment— Code fege *,
Cc-omprehensive Pplan policy, or other action that resulted in the recommendation
for relief, and
2. The date the Lland Ddevelopment fegt Code Cc-omprehensive Pplan
policy, or other final action of the county affected the property so as to necessitate
relief.
Sec. 102 -107. Action by the BPlanning dDirector.
Based on the recommendations of the special magistrate, the Pplanning Ddirector shall prepare
the item for consideration by the BOCC The Pplanning
Ddirector may not disturb or alter the recommendations of the special magistrate. Within 30
calendar days of receipt of the recommendations of the special magistrate, the !!Planning
Ddirector shall forward the special magistrate's recommendation to the BOCC to set a
public hearing on the matter. The Pplanning Ddirector may include with the recommendation a
proposed process and schedule for implementing the special magistrate's recommendation.
Sec. 102 -108. Action of the BOCC
Laj Following receipt of the matter from the Pplanning Ddirector, the BOCC bead shall set the
matter for a public hearing. The county shall provide advertised notice of the hearing and the
applicant shall provide posted notice of the hearing on the subject property according to the
noticing standards in Section 110 -5. Mailing of notice to surrounding property owners shall not
be required. The applicant shall be provided an opportunity to be heard prior to the decision
of the BOCC bead. The recommendation of the special magistrate is not binding on the
BOCC bead. At the hearing, the BOCC by resolution, shall approve, modify, reverse, or
approve with conditions, the recommendations of the special magistrate, based on the standards
of sections 102 -109 and 102 -110. The resolution shall:
(1) State the date, if any, upon which any resolution granting relief will cease to be in effect;
(2) State that neither the board's resolution nor any process or evidence associated with this
division is an admission of a taking of property;
(3) Direct county staff to undertake any additional steps necessary to implement the
resolution; and
(4) Address other matters necessary to implement the purpose and intent of this division.
(b) Upon the filing of an application for a beneficial use determination, the application shall be
deemed abandoned or expired if the applicant does not obtain a final decision of the BOCC on
the aplication, pursuant to this section, within three (3) years.
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Sec. 102 -109. Beneficial *Use sStandards.
(a) Standard. In furtherance of the purpose and intent of this division, and consistent with
Policy 101.4-8 of the comprehensive plan, relief under this division may be granted
where a court of competent jurisdiction likely would determine that a final action by the
county has caused a taking of property and a judicial finding of liability would not be
precluded by a cognizable defense, including lack of investment - backed expectations,
statutes of limitation, laches, or other preclusions to relief. Whether such liability, at the time
of application under this division, is likely to be established by a court should be determined
based on applicable statutory and case law at the time an application is considered under this
division.
(b) Burden. The applicant shall have the burden of showing that relief under this division is
appropriate.
Sec. 102 -110. Granting of r-Relief.
(a) General. If the BOCC determines that relief is appropriate under this division, relief
may be granted, as provided in this section and consistent with the comprehensive plan.
(b) Forms of relief. In order to avoid an unconstitutional result and to provide a landowner
with an economically viable use of property pursuant to this division, the special magistrate
may recommend and the BOCC may allow for additional uses, density as a last
resort), or relief beyond that allowed by a literal application of the _Eland Ddevelopment
Cc-oder°� or Cc-omprehensive Pplan on the particular property, which may include:
(1) Redesignation of the property on the land use (zoning) map or future land use map;
(2) Granting g of a permit for development which shall be deducted from a permit for development which shall be deducted from the Permit
Allocation System. Re , for- development ent desprte t4e litefal applieation of toe lan
Ppermits issued pursuant to
this section shall be subject to applicable construction deadlines and expiration dates
under Cc-hapter 6;
(3) Transferable development rights (TDRs);
(4) Eligibility for dedication of the property pursuant to section 138- 28(5);
P ON "' e�ses����f rssrs . . Ts:*srar�:�
(5) Government purchase offer of all or a portion of the lots or parcels upon which there
is no beneficial use. This alternative shall be the preferred alternative when beneficial use
has been deprived by aplication of Chapter 138. This alternative shall be the preferred
alternatives for Tier I, 11 or III -A (SPA) lands, and /or
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(6) Such other relief as the BOCC may deem appropriate and adequate
a4eqt� under -sSection 102 -109 and the c-Comprehensive pPlan_-
(c) Minimum increase. Relief granted pursuant to this division shall be the minimum necessary
to comply with section 102 -109. The highest, common, or expected use, is not intended as an
appropriate remedy, unless expressly required by applicable statute or case law.
Secs. 102 - 111 -102 -133. Reserved.
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DIVISION 3. VESTED RIGHTS
Sec. 102 -134. Determination of vVested r-Rights.
(a) Purpose. Notwithstanding any other provision of this Land Development Code
an application for a eeti i „' „s„ permit may be approved if an applicant has demonstrated
development expectations that are vested under the standards of section 102 -136.
(b) Limitation. An application for a determination of vested rights shall be filed within one
year of the effective date of the ordinance from which this Land Development Coded is
derived or the alleged vested right shall be deemed abandoned.
Sec. 102 -135. Procedure for vVested eRights dCeterminations.
An applicant for vested rights determination will be afforded a quasi-judicial, evidentiary hearing
in front of a special magistrate who will make a proposed determination and a statement of what
rights are vested. Interested persons will be afforded the opportunity to appear and introduce
evidence and argument for or against the determination during the evidentiary hearing. The
special magistrate's proposed determination shall be forwarded to the
BOCC for final approval.
Sec. 102 -136. Standards and eCriteria for vVested eRights.
In making the proposed determination, the special magistrate will consider, in furtherance of the
guidelines contained in Policy 101.E 17.1 of the Comprehensive Plan, the following
criteria:
(-�) The vested rights determination shall be limited to rights acquired prior to adoption of
the Csomprehensive PPlan or Lland Ddevelopment Feg Code in effect at the time
of filing of the vested rights application and shall vest only that development specifically
and expressly contemplated by the valid, unexpired official act of the county.
(b -2) The applicant shall have the burden of proof to demonstrate that:
Ll)a- There is a valid, unexpired official act (as enumerated below in subsection (2)a.1,
(2)a.2, (2)a.3 or (2)a.4 of this section) of the county approving the proposed development
that occurred prior to the effective date of the Cc-omprehensive Pplan or Lland
Ddevelopment r°gt�Code in effect at the time of filing of the vested rights
application, . To be a valid act, the act must have been in compliance
with the land development regulations that existed at the time of approval, and the
approval must have been issued by an official or commission properly delegated with the
authority to issue the approval. Any one of the following may constitute an official act of
the county for purposes of the vested rights determination:
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a.4-A valid, unexpired building permit issued prior to the effective date of the
comprehensive plan or land development regulations in effect at the time of filing of
the vested rights application, ;
b-2- One or more valid, unexpired permits or approvals issued by the county,
except that mere approval of a land use (zoning) designation ,,, a mendment,
Eei4ii4g desigi4atiei or future land use desi_ng ation feEeffiffg is insufficient to establish
vested rights without additional permits or approvals for a specific development
project, i.e., mere zoning cannot be considered an official act that can form the basis
of a vested rights determination;
c.-3-A subdivision plat recorded in the official records of the county, which fulfills the
criteria set forth in F.S. Section 380.05(18), may be an official act except that
individual lots within the subdivision must also demonstrate that this applicant
acquired a vested right to build on the individual lot by obtaining additional
governmental approvals or official acts concerning development on the individual lot
prior to adoption of the comprehensive plan and land development regulations in
effect at the time of the filing of the vested rights application, and an applicant must
still demonstrate compliance with subsections (2)b., (2)c. and (2)d. of this section
with respect to development on each individual lot; or
d.4 A valid, unexpired vested rights determination approved pursuant to the 1986
Comprehensive Plan and land development regulations, sections 102 - 134 102 -137;
Qb-. This individual, particular applicant:
a.4-Relied upon the official act in good faith. (For example, the applicant must not
have had notice or knowledge of an imminent or pending change in zoning, allowable
uses or density, etc. A change is imminent or pending if notice of the change was
published or there are active and documented efforts to develop and approve the
proposed change at the time the property was purchased or expenses were incurred);
and
b.-2-. Had a reliance that was reasonable. (For example, an act of purchasing the
property, entering into contracts or incurring additional obligations done after the
2010 Comprehensive Plan was pending or became effective does not constitute
reasonable reliance);
E This applicant incurred such substantial obligations and expenditures that it would
be highly inequitable or unjust to require that the development conform with the
sComprehensive Pplan and Lland Ddevelopment r_a_ Code in effect at the time of
the filing of the vested rights application. To meet this requirement the applicant must
demonstrate that:
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a+Application of the Csomprehensive Pplan and Lland Ddevelopment
Code in effect at the time of the filing of the vested rights application would prevent
or prohibit the applicant from completing the proposed development. For example, if
the applicant could still complete the proposed development under the
Csomprehensive Pplan and Lland Ddevelopment r_a_Code in effect at the
time of the filing of the vested rights application without undue hardship by making
mere modifications to the development plan, the applicant cannot demonstrate a
vested right and must make the modifications required by the comprehensive plan and
land development regulations in effect at the time of the filing of the vested rights
application; and
b.-2-. Substantial changes of position or expenditures incurred prior to the official
act upon which the vested rights claim is based are undertaken at the applicant's own
risk and will not be considered in making a vested rights determination_;
a)4- Development of this project has commenced and has continued in good faith
without substantial interruption.
Sec. 102 -137. Limitations on vVested r-Rights dDeterminations.
(a) In furtherance of those guidelines listed in Policy 101. of the Tee
Comprehensive Plan, a vested rights determination shall also contain the following:
(1) Verification that the applicant has met the burden of proof for the items listed in
section 102 -136,
(2) A clear statement of what part of the applicant's development is vested (e.g., density,
setbacks, open space requirements);
(3) A clear statement of which Csomprehensive Cplan goals, policies and/or objectives
and which Lland dDevelopment r_a_Code was in effect at the time of the filing of
the application, the applicant is vested from;
(4) A clear statement to the applicant that construction must continue in good faith and
meet all construction deadlines contained in Cshapter 6 or the vested rights determination
will expire and any and all rights acquired under the determination will be forfeited; and
(5) Notwithstanding sChapter 6, a vested rights final order will expire in five years with
no possibility of extension.
(b) The vested rights determination shall be limited to rights acquired prior to adoption of the
Csomprehensive Pplan and Lland Ddevelopment r_a_Code in effect at the time of the
filing of the vested rights application, but after adoption of the 1986 Comprehensive Plan
(unless a prior, valid and unexpired vested rights determination was obtained under the 1986
Comprehensive Plan or section 102 -134 et seq.). The vested rights determination shall vest
102 -30 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
only that development specifically and expressly contemplated by a valid, unexpired official
act of the county.
Secs. 102 - 138 -102 -157. Reserved.
102 -31 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
ARTICLE V. AMENDMENTS
Sec. 102 -158. Amendments to this ehfipter-the Land Development Code, Land Use District
Map, and Future Land Use Map
(a) Purpose. The purpose of this article is to provide a means for changing the text of this
ehapter-Land Development Code which also includes changes to the land use (zonin
district map and overlay district maps It is also intended to add to the statutory procedures
and requirements for changing the future land use map (FLUM) at the transmittal stage. The
process for changing the text of the Comprehensive Plan shall follow the process established
Chapter 163, Part II, Florida Statutes, and shall require a Concept Meeting as detailed in
subsection (d)(3) of this section, and shall provide for community participation as specified
in Section 102- 159(b). This article R-is not intended to relieve particular hardships, nor to
confer special privileges or rights on any person, nor to permit an adverse change in
community character, analyzed in .,, e 1 of t e pla the Technical Document (data and
analysis), but only to make necessary adjustments in light of changed conditions or incorrect
assumptions or determinations as determined by the findings of the beat:d of ,.,,,,,,t.,
BOCC In determining whether to grant a requested amendment to the text of
this land Development Code, or land use (zoning) district map or overlay map, the bed of
BOCC shall consider, in addition to the factors set forth in this article,
the consistency of the proposed amendment with the provisions and intent of the
comprehensive plan and consistency with the principles for guiding development in Section
380.0552, F.S.
(b) Authority. The BOCC may amend the text of this ehapte
Land Development Code upon compliance with the provisions of this article. Text
aAmendments may be proposed by the BOCC the pPlanning
c-Commission, the difeetef of Eplanning Director a private aplicant, or the owner or other
person having a contractual interest in property to be affected by a proposed property-
specific text amendment_ Land use (zoning) district map or FLUM ehange- a4etfa;,;,;, rtt l
amendments may be proposed by the BOCC, the Planning Commission, the Planning
Director or the owner or other person having a contractual interest in property to be affected
by a proposed map amendment. The dreeter of - planning Director shall have the
responsibility to establish the format as approved by the bead of eettaty
BOCC by which applications can be submitted and shall have the authority to
set:een t4ese ameffdffwA+ t-,,—processi4+g only those which are presented on a complete
application. Thew Applications deemed incomplete or insufficient shall be returned within
30 days to the applicant for correction and re- submittal. F UN4 ,.h.,nges shall b e pf:e else
t , ., pl d Lein, made to a the land , e .list,-;et „,
(c) Timing. Applications for map and text amendments shall be accepted at
any time. The Pplanning Ddirector or his or her designee shall review and process the map
and text amendment applications as they are received require community participation
pursuant to Section 102 -159, and pass them on to the dDevelopment rReview c-Committee
102 -32 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
and the pPlanning c-Commission for recommendation and final approval by the be�-ef
BOCC
(d) Procedures.
(1) Text Amendment Proposals by hoapd of eomno ° °BOCC, pPlanning
C &ommission, Planning Director - , or a private applicant. Private
applicants shall be required to file an aplication with the Planning Director accompanied
by a nonrefundable application fee as established from time to time by the BOCC to
defray the actual cost of processing the aplication. Proposals for text amendments ke
shall be transmitted to the pPlanning and Environmental Resources D department . After
receipt, the Planning Director and his or her staff shall review the proposed amendment
and present it with a recommendation of approval or denial to—ft the Ddevelopment
Rreview Csommittee for review and comment. Staff shall make a recommendation to the
Pplanning Csommission
(2) Map Amendment Proposals by affected landowners. Any landowner or other person
having a contractual interest in property desiring to petition the beard of ty
eeffifflissieli BOCC for an amendment to the land use (zoning) district map or FLUM
shall be required to file an application with the dreeter of Pplanning Director
accompanied by a nonrefundable application fee as established from time to time by the
beard of eettaty °rsBOCC to defray the actual cost of processing the
application. After receipt, �'�� a: *�r �� the Planning Director and his or her
staff shall review the proposed amendment and present it with a recommendation of
approval or denial to
the Ddevelopment Rreview c-Committee for review and comment. Staff shall make a
recommendation to the Pplanning Csommission.
3) Concept Meeting. Private applicants submittiniz an application for an amendment to
the text of the Land Development Code or Comprehensive Plan shall participate in a
concept meeting with the Planning and Environmental Resources Department to discuss
the proposed amendment. The concept meeting shall be scheduled by department staff
once the application is determined to be complete. As part of this concept meeting,
Dlanning staff will identifv whether or not the DroDosed text amendment will have a
county -wide impact.
(4) Community Participation. The following types of amendments addressed under this
section shall provide for community - participation as specified in Section 102 -159:
a. Applicants requesting a Land Use District (Zoning) Map amendment, Land Use
District (Zoning) Map Overlay amendment, or Future Land Use Map amendment,
102 -33 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
b. Proposals by the County or a private applicant to amend the text of the Land
Development Code or Comprehensive Plan, with a county -wide impact, as
determined by the concept meeting in subsection (d)(3), above.
(5 -3) Public hearing(s). The Pplanning Csommission and the
eemalission BOCC shall each hold at least one public hearing on a proposed
amendment to the text of the comprehensive plan or land development code 44s-�
or to the land use (zoning) district map or FLUM at the transmittal stage. The BOCC
shall hold at least one public hearing for the adoption of a FLUM and /or text amendment.
a. Advertised 61 4 - d 1.„r;' -,a notice. Advertised notice of the public hearings for a
proposed amendment to the text of the land development code, the land use (zonin
district map, and the transmittal of the FLUM change shall be provided as required by
section 110 -5 of this Land Development Code.
land ttse distfiet map and FLUM shall be et6 &v� eet of t4-e
eemmission and 30 days of t:e he t:e liH :edr°ccmag of t:e the eoo of eett �
b. Mailed notice. Notice of changes to the land use (zoning) district map and FLUM
shall be mailed to owners within 300 feet of the affected property 15 days prior to the
required hearing before the Planning Commission and 30 days before the required
hearing before the BOCC for the land use (zoning) district map amendment and the
FLUM at the transmittal stage.
L4. Posting of notice. Posting of notice shall be made in accordance with the
requirements of section 110 -5 for land use (zoning) district map amendments, FLUM
amendments, and property- specific text amendments.
dc-. Other notice. Notice of all public hearings shall be posted on the Monroe County
Website as soon as is practical. Failure to post notice on the Monroe County Website
shall not constitute grounds for the cancellation of any public hearing nor shall it
constitute grounds for the cancellation of any action taken by the Planning
Commission or the BOCC at such a meeting.
(4) Action by Planning Cc-ommission._The Pplanning Csommission shall review the
application, the reports and recommendations of the depat4m°fi* of p lanning and
Environmental Resources Department the comments of the Ddevelopment Rfeview
Csommittee, and the testimony given at the public hearing, and shall submit its
recommendations and findings to the BOCC
(5) Action by BOCC following public hearing(s).
102 -34 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
a. The BOCC shall consider the reports and
recommendation of the Pplanning Psommission, Pplanning and Environmental
Resources Department staff, and the testimony given at the public hearings.
b. The BOCC may consider the adoption of an
ordinance enacting the proposed map and text amendments to this Land Development
Code abased on one or more of the following factors:
1. Changed projections (e.g., regarding public service needs) from those on
which the existing text or boundary was based;
2. Changed assumptions (e.g., regarding demographic trends) from those on
which the existing text or boundary was based
3. Data errors, including errors in mapping, vegetative types and natural features
which contributed to the application of the
existing text or boundary
4. New issues which arose after the aplication of the existing text or boundary
5. Recognition of a need for additional detail or comprehensiveness; or
6. Data updates;
c.-7 For text amendments to the Comprehensive Plan and FLUM
amendments the BOCC must also consider the analyses identified in Chapter
163, Florida Statutes and must find that the amendment is consistent with the
principles for guiding development as defined in t4+e Section 380.0552, Florida
Statutes
dc-. In no event shall an amendment be approved which will result in an adverse
- change in community character to the sub - area which a *e
proposed amendment affects development i l,,eatea or to any area in accordance with
a ILivable c-CommunikKeys master plan pursuant to findings of the
eeffifflissieli BOCC
(6) Protest procedure.
a. A written protest concerning an application for an amendment to the land use
( zoning) district map or a FLUM amendment at the transmittal stage may be filed
before the BOCC hearing by the owners of no less than 20 percent of the area of the
land to be affected. Protests concerning a FLUM amendment may be made only at the
transmittal hearing. In the event of a written protest against such amendment by
owners of 20 percent of the affected property to be r° °a e °a f r a ne w
, where the signatures and protest are found to be true and
102 -35 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
accurate, the amendment shall not become effective except by the favorable vote of
four members of the beat:d of ^^ N* ^N°rsBOCC Rounding up of decimals
and percentages shall not be permitted.
b. A written protest concerning an application for an amendment to the land used
( zoning) district map or a FLUM amendment at the transmittal stage may be filed by
ten percent of the owners of land within 300 feet of the affected property. Protests
concerning a FLUM amendment may be made only at the transmittal hearing. In the
event of a written protest of ten percent of the owners within 300 feet of the affected
property a fit*"re land , e ta lard , o p designation the
amendment shall not become effective except by the favorable vote of four members
of the b^.,,.a of e r' °r- BOCC In calculating whether a sufficient
number of protests have been received to trigger the requirement for a supermajority
vote, the number of protests must meet or exceed the ten percent threshold without
resorting to rounding up.
c. Such protests must be on a form approved by the pPlanning dDirector and made
available by the county, with a statement from each individual owner, under penalties
of perjury, with the name, address, parcel real estate number, home address and
telephone number of the owner. In the event of ownership by multiple parties, only
one owner is required to file a protest. Condominium, cooperatives, or statutory time
share program owners may file protests through their associations and shall be
counted as one owner and one property in the number of owners to calculate any
percentage.
d. The originals of the written protests must be filed with the clerk of the beard
BOCC no later than the fifth working day before the day of the first county
commission meeting at which the public hearing on the FLUM transmittal or land use
( zoning) map amendment will be heard. Upon receipt of the protest(s), the clerk shall
furnish a copy to the county attorney, the county administrator, and to the applicant
requesting the amendment. No further protests will be accepted by the clerk or the
BOCCbear:.
e. The bear:BOCC shall not vote until the signatures, ownership, and protests have
been verified by the Planning and Environmental Resources Department gre VA4
and Ceounty A-attorney using information from the property
appraiser and the official records of Monroe County. Every reasonable means shall be
used by county staff to resolve the validity of the protest by the time of the public
hearing, but if this cannot be accomplished the bear-d-BOCC shall continue the item.
If the time requirements of the Florida Statutes for transmittals cannot be met, the
proposed FLUM amendment shall be held over until the next date for transmittal.
f. The area used as right -of -way for U.S. 1 shall not be included in any calculations
for number of owners or percentage of ownership, but shall be included in the
distance calculation from the affected property.
102 -36 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
g. Protests shall not be considered unless received as prescribed above. Any owner
may withdraw a protest up until the conclusion of the public hearing at which the
item will be heard.
(7) Majority of hec- tFd as provided in paragraph (d)(6) above, the bed of
BOCC may adopt the proposed amendment, or the proposed
amendment as modified, by not less than a majority of its total membership.
(e) Typographical or drafting errors. - Amendments to the text to correct typographical or
drafting errors may be adopted by the beat:d of e 6�e�BOCC without posted
notice or public hearing at any regular meeting. As long as the county is within an area of
critical state concern, notice of such amendments shall be transmitted to the State Land
Planning Agency within 30 days.
Secs. 102 -159 Community Participation
(a) Map Amendments. In addition to the public hearings required by Section 102 -158,
applicants requesting a Land Use District (Zoning) Map, Land Use District (Zoning) Map
Overlay District or Future Land Use Map (FLUM) amendment shall provide for public
participation through a community meeting.
(1) Community MeetiLg. The aplicant will coordinate with the Planning Director
regarding the date, time and location of the proposed community meeting, however, all
meetings are to be held on a weekday evening at a location close to the project site, at
least 45 days prior to any of the public hearings required in Section 102 -158.
(2) Posting of notice. The notice shall include the date, time and place of the community
meeting, the address of the site and a description of the site, reference to the closest mile
marker, and a summary of the proposal to be considered. At least 15 days prior to the
community meeting, aplicants shall post the property that is the subject of the map
amendment with a waterproof signs(s) provided by the Planning and Environmental
Resources Department which is so located that the notice shall be easily visible from all
public streets and public ways abutting g the property. The applicant shall remove the
posted notice within ten days after completion of the community meeting.
(3) MailiLg of notice. At least 15 days prior to the community meeting, notice of the
community meeting shall be mailed by the county to all owners of real property located
within 300 feet of the property that is the subject of the map amendment, including any
residents of the parcel proposed for map amendment. A list of such owners, as shown by
the latest available records in the Monroe County Property Appraiser Office, shall be
provided by the applicant with an application for development approval.
4) Publication of notice. At least 15 days in advance of the community meeting_ notice
of the community meeting shall be provided as follows:
102 -37 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
a. Newspaper publication: Notice of the community meeting shall be Published in
the non -legal section of a local newspaper of general Paid circulation in Monroe
County. The newspaper shall be of general interest and readership in the community.
The advertisement shall wear in a newspaper that is published five days a week.
The advertisement shall be no less than two columns wide by ten inches long in a
standard size or tabloid size newspaper and the headline in the advertisement shall be
in a type no smaller than 18 point, and
b. Website and Social Media: The applicant shall coordinate with the County to
assure the meeting is posted to the County's website and social media platforms.
Noticing and Advertising Costs. The applicant shall pay the cost of the public notice
and advertising for the community meeting and provide proof of proper notice to the
Planning Director.
The community meeting shall be facilitated by a representative from the Monroe
County Planning and Environmental Resources Department and the aplicant shall be
present at the meeting.
Text Amendments to the Land Development Code and /or the Comprehensive Plan with
County -wide Impact. In addition to any required public hearings, proposals by the County or
a private applicant to amend the text of the LDC and /or the Comprehensive Plan, shall
provide for community participation through the following_:
Determination of County -Wide Impact. Private applicants submitting g an application
for an amendment to the text of the Land Development Code and /or the Comprehensive
Plan shall participate in a concept meeting with the Planning and Environmental
Resources Department, as indicated in Section 102 - 158(4)(3), to discuss the proposed
amendment. The concept meeting shall be scheduled by department staff once the
application is determined to be complete. As part of this concept meeting, department
staff will identify whether or not the proposed text amendment will have a county -wide
impact. For amendments proposed by the County, a concept meeting is not required, and
the Planning Director shall determine whether the amendment will have a county -wide
impact.
BOCC Impact Meetia. Private proposals to amend the text of the Land Development
Code and /or Comprehensive Plan shall require a public meeting with the Board of
County Commissioners ( "Impact Meeting') prior to the aplication proceeding to the
DRC for review. The applicant shall coordinate with the Planning Director regarding g the
date and time of the Impact Meeting, however, all Impact Meetings shall be held in
Marathon.
a. Publication of notice. At least 15 days in advance of the Impact Meeting, notice
of the meeting shall be provided as follows:
102 -38 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
1, Newspaper Publication: Notice of the Impact Meeting shall be Published in
the non -legal section of a local newspaper of general paid circulation in Monroe
County. The newspaper shall be of general interest and readership in the
community. The advertisement shall wear in a newspaper that is published five
days a week. The advertisement shall be no less than two columns wide by ten
inches long in a standard size or tabloid size newspaper and the headline in the
advertisement shall be in a type no smaller than 18 point, and
2. Website and Social Media: The applicant shall coordinate with the County to
assure the Impact Meeting is posted to the County's website and social media
platforms.
b. NoticiLg and AdvertisiLg Costs. The applicant shall pay the cost of the public
notice and advertising for the Impact Meeting and provide proof of proper notice to
the Planning Director.
c. During the Impact Meeting, County staff will identify, in writing, the county -wide
impacts of the proposed amendment based upon the results of the concept meeting in
Section 102- 159(b)(1). The Impact Meeting is not to be a public hearing (the BOCC
will not vote on the proposal), but a public meeting during which the BOCC mayduring which the BOCC may
offer their initial opinions and the public may have input on the proposed amendment.
(3) Community Meeting. Proposals by the County or a private applicant to amend the text
of the Land Development Code and /or Comprehensive Plan, with a county -wide impact,
shall require a community meeting.
a. A private applicant will coordinate with the Planning Director regarding the date,
time and location of the proposed community meeting, however, all meetings shall be
held on a weekday evening, at least three (3) months prior to any of the public
hearings gs required in Section 102 -158 or by Sec. 163.3184, F.S. (for comp plan).
in Section 102 -158 or by Sec. 163.3184, F.S. (for comp plan).
b. Publication of notice. At least 15 days in advance of the community meeting,
notice of the community meeting shall be provided as follows:
1. Newspaper publication: Notice of the community meeting shall be published
in the non -legal section of a local newspaper of general paid circulation in
Monroe County. The newspaper shall be of general interest and readership in the
community. The advertisement shall wear in a newspaper that is published five
days a week. The advertisement shall be no less than two columns wide by ten
inches long in a standard size or tabloid size newspaper and the headline in the
advertisement shall be in a type no smaller than 18 point, and
2. Website and Social Media: The applicant shall coordinate with the County to
assure the community meeting is posted to the County's website and social media
102 -39 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
platforms. Failure to post notice on the Monroe County official website shall not
constitute grounds for the cancellation of any public meeting.
c. Noticing and Advertising Costs. The applicant shall pay the cost of the public
notice and advertising for the community meeting and provide proof of proper notice
to the Planning Director.
d. The community meeting shall be facilitated by a representative from the Monroe
County Planning and Environmental Resources Department and the applicant shall be
present at the meeting.
Sec. 102 -160. Amendments in Progress.
(a) When revisions are being considered concerning the Land Development Code or the
Comprehensive Plan, or any portions thereof, the County may take legislative action to delay
the approval of applications that include the potential revisions' subject matter. The delay
shall be for such time as deemed necessary by the BOCC, not to exceed 365 days or until the
Land Development Code or Comprehensive Plan change is fully effectuated.
(1) Upon request of the BOCC, a Resolution shall be brought before the BOCC to direct
County staff to process an Ordinance to defer potential approval of the subject
applications. If the Resolution is approved by the BOCC, County staff will then draft and
present to the BOCC a relevant Ordinance. The Ordinance shall require at least one
public hearing and if called for by statute or other Ordinance, two public hearings.
(2) County staff may accept applications prior to the Ordinance being formally adopted,
however, such applications will not be processed for approval until such time as set forth
in the relevant Resolution or Ordinance. The adoption of any such Resolution or
Ordinance is not to be considered a denial or refusal of an application, but rather a
deferral of consideration until such time as set forth in the Resolution and Ordinance.
Secs 102 -1-161 - 102 -184. Reserved.
102 -40 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
DIVISION]. GENERALLY
Sec. 102 -185. Appeals.
(a) Authority. The Pplanning Csommission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any administrative official with respect
to the provisions of this Land Development Code and the standards and procedures
hereinafter set forth, except that the beard of isiefi°rsBOCC shall hear and
decide appeals from administrative actions regarding the floodplain management provisions
of this Land Development Code.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. * Section 163.3215(2), or any
resident or real property owner from any order, decision, determination or interpretation by
any administrative official with respect to the provisions of this Land Development Code.
(c) Procedures. A notice of appeal in the form prescribed by the Pplanning Ddirector must be
filed with the Csounty A- administrator and with the office or department rendering the
decision, determination or interpretation within 30 calendar days of the decision. Failure to
file such appeal shall constitute a waiver of any rights under this Land Development Code to
appeal any decision, interpretation or determination made by an administrative official. Such
notice shall be accompanied by the names and addresses of the owner, applicant, property
owner, and adjacent property owners. The filing of such notice of appeal will require the
administrative official whose decision is appealed to forward to the Planning C sommission
or BOCC beat: v,ithi, 15 ea l e „a.,,. days any and all records concerning the subject matter of
the appeal and to send written notice of the appeal to the owner, applicant, property owner,
and adjacent property owners, if different from the person filing the appeal, within 15
calendar days of receipt of the notice of appeal.
(d) Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and
any proceedings in furtherance of the action appealed unless the administrative official
rendering such decision, determination or interpretation certifies in writing to the Planning
Csommission or BOCC and the applicant that a stay poses an imminent peril to life or
property, in which case the appeal shall not stay further permit activity and any proceedings.
The Planning Csommission or BOCC shall review such certification and grant or deny a stay
of the proceedings.
(e) Action of the Planning Csommission. The Pplanning Csommission shall consider the appeal
1, excluding any appeal related to administrative action regarding the floodplain management
provisions, or decision of the HPC, at a duly advertised public hearing following
receipt of all records concerning the subject matter of the appeal. Any person entitled to
initiate an appeal may, along with county staff and counsel, have an opportunity to address
the Planning C sommission at that hearing meetitig and all parties to the appeal shall have the
102 -41 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
opportunity to present evidence and create a record before the Pplanning Csommission. Any
appeals before the hearing officer shall be based upon and restricted to the record.
(f) Action of the Board of County Commissioners. The BOCC shall consider any appeal related
to administrative action regarding the floodplain management provisions at a duly advertised
public hearing following receipt of all records concerning the subject matter of the appeal.
Any person entitled to initiate an appeal may, along with county staff and counsel, have an
opportunity to address the BOCC at that hearing and all parties to the meal shall have the
opportunity to present evidence and create a record before the board of county
commissioners. Any meals before the hearing officer shall be based upon and restricted to
the record.
�gLAppeal to hearing officer. Any person participating as an appellant or appellee at the hearing
described in subsection (e) or of this section may request an appeal of the decision of the
Pplanning Csommission, or in the case of a floodplain management provision appeal, the
decision of the BOCC under chapter 102 article VI, division
2 by filing the notice required by that article within 30 days after the date of the written
decision of the Pplanning Csommission, or in the case of a floodplain management provision
appeal, the written decision of the BOCC
Sec. 102 -186. Variances and Waivers gGranted by the pPlanning dDirector.
(a) Purpose. The purpose of this section is to establish authority, procedures, and standards for
the granting of variances and waivers from certain requirements of this ehaptef and
Development Code, as specified in this section
(b) Authority and scope of authority. The Pplanning Ddirector is authorized to grant the
following variances and waivers according to the standards of subsections (f), (g) and h
of this section:
(1) For variances pursuant to subsection (f) of this section, Reeduction of : front, or ftffd
rear yard, non-shoreline setback requirements as provided in chapter 131 at4dele NII by
0 to tie more flia- ten LLQhfeet, and reduction of non - shoreline side yard setback
requirements, as provided in chapter 131, by U to five (5) feet no mere than 20 per -ee t
(2) For front yard setback waivers pursuant to subsection (g) of this section, reduction of the
front yard non - shoreline setback requirements in Chapter 131 by up to ten (10) feet,
(3) For special accessibility setback variances pursuant to subsection (h) of this section,
reduction in the front, rear, or side yard non - shoreline setback requirements in chapter
131, by up to the amount necessary to facilitate the accessibility- related development,
(4 -2) Reduction in the off - street parking requirements in chapter 114, article III, by no more
than twenty 201 percent;
102 -42 Keith and Schnars, P.A.
Land Development Code: Sept 2015
Monroe County Comprehensive Plan Update
(5 -3) Reduction in the bufferyard width requirements for class C, D, E, and F district
boundaries, major streets, and scenic corridors in chapter 114, article V by no more than
ten 10 percent;
(64) Reduction by tie mefe Oian teii pefeetit in the total area of landscaping required for off -
street parking and loading in chapter 114, article III by no more than ten (10) percent,
and
(7) Reduction in the loading /unloading space dimensional requirements in chapter 114,
article 11
(c) Application. An application for a variance or waiver under this section shall be submitted to
the Pplanning Ddirector on a form approved by the !!planning Ddirector.
(d) Procedures. The Pplanning Ddirector shall normally complete his review of the entire
application and render a proposed decision within 3015 - eflciiig days of receipt of t4+e a
complete application.
(e) Decision. The Pplanning Ddirector's decision shall be in writing.
A variance
or special accessibility waiver shall only be granted if all of the standards in subsection (f) or
Hof this section, respectively, are met.
(f) W " Variances. The Pplanning Ddirector has the authority to migrant a variance
as described in (b)(1),(4),(5),(6), and (7) of this section, „ra,,,. *his see6iw,4with or without
conditions, if and only if the applicant demonstrates that all of the following standards are
met:
(1) The applicant shall demonstrate a showing of good and sufficient cause;
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) Granting the variance will not result in increased public expenses, create a threat to
public health and safety, create a public nuisance, or cause fraud or victimization of the
public;
(4) Property has unique or peculiar circumstances v apply to t4is pt:epet4y bt4,v,�,ieh do
(5) Granting the variance will not give the applicant any special privilege denied to another
property owner in the immediate neighborhood in terms of the provisions
of this chapter or established development patterns;
(6) Granting the variance is not based on disabilities, handicaps or health of the applicant or
members of his family:
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(7) Granting the variance is not based on the domestic difficulties of the applicant or his
family; and
(8) The variance is the minimum necessary to provide relief to the applicant.
(g) Wn6la Front yard setback waivers. The air°^* ^r of plane ng Planning Director has the
authority to rg ant appfew a waiver reducing a *hat modifies *he ~~41iffli front yard
non - shoreline setback requirement set et4 i eetion 1 30 ' Qti by up to ten (10) feet, with or
without conditions, if and only if pf&,4�the applicant demonstrates that all of the
following standards are met
(1) The existing setback average, as measured pursuant to the definition of "setbacks" in
the , ; tl i tb, e t a a e a+ st,-; . co in vP i * — c � a s sttbj ecrPr°Pcn�T
section 101 -1, en— t �� t �e�t�
leeated the road that is subject to the front yard setback waiver application is less
than the land use (zoning) district standard, as established in section 130 -186
(2) The waiver will not result in a setback that is less than the existing front yard setback to
the further most projection of the main building that is closest to the front lot line on a
contiguous lot on either side of the subject property; and
(3) At least one conti property along the road that is subject to the front yard setback
waiver aplication shall be developed at the time of aplication. In the event that all
contiguous parcels on either side of the subject property along the road that is subject to
the front yard setback waiver aplication are vacant, the property shall not be eligible for
a front yard setback waiver.
acx as establish - iirseetie" 130 186
TES. R[STf.�I�iST�lPIf TSElf
(h) Special accessibility setback variances. The Planning Director has the authority to grant a
variance reduciniz a front. rear or side vard non - shoreline setback reauirement for an elevator.
lift or ramp specifically required to allow access of a disabled member of the household to
the dwelling unit, up to the amount necessary to reasonably facilitate the accessibility- related
development as determined by the Planning Director upon review of the application, if and
only if the aplicant demonstrates that the following standards are met:" etw t standing t e
A&A aeeess to �he elevated & ttflit of a disabled applieant of disabled member- of
(1) The applicant shall demonstrate a showing of good and sufficient cause,
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
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(3) Granting the variance will not result in increased public expenses, create a threat to
public health and safety, create a public nuisance, or cause fraud or victimization of the
public,
(4) The variance is the minimum necessary to provide relief to the applicant.
(i) Public notification of proposed approval. After determining that an application for a variance
or a waiver complies with the requirements of this section, the Pplanning Ddirector shall
provide written notice of proposed approval and require posting as follows:
(1) The Pplanning D -director shall provide written notice by regular mail to owners of real
property located within 300 feet of the property that is the subject of the proposed
variance or waiver.
(2) The applicant shall post the property of the proposed variance or waiver with a
waterproof sign
prepared
and provided by the Planning and Environmental Resources Department, which shall be
posted in a manner to be easily visible from all public roads abutting the property The
property shall remain posted for no less than 30 consecutive calendar days beginning
within five working days of the date that the application is deemed to be in compliance
by the Pplanning Ddirector.
(3) The notice and posting shall provide a brief description of the proposed variance or
waiver and indicate where the public may examine the application. The cost of providing
notice and posting shall be borne by the applicant.
(j) Decision by the PEplanning Ldirector. After 30 calendar days of proper posting, review of all
public responses to the variance or waiver application and upon a finding that the proposed
variance or waiver and application have or have not complied with the requirements and
standards of this section, the pPlanning Ddirector shall issue a written variance decision.
(k) Public hearing by the Planning Cc-ommission. If requested in writing by the applicant, or an
adversely affected owner or resident of real property located in the county during the
required 30 calendar days of posting, a public hearing shall be scheduled on the application
for a variance or waiver after the 30th day of posting bef r° toe 60th day aft er pest g
All costs of the public hearing shall be the responsibility of the applicant for the variance or
waiver. The public hearing shall be conducted in accordance with section 110 -5 and
provisions of section 102 -187.
(1) Development under approved variances and waivers. The granting of a setback variance or
waiver by the Planning Director is based on the design placement and placement of the structure(s) placement of the structure(s) as
shown on the approved site plans and does not reduce or waive any other required setbacks
for any future structures or additions. Work not specified or alterations to the site plan may
not be carried out without additional approval(s).
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Sec. 102 -187. Variances gGranted by the p Planning eCommission.
(a) Purpose. The purpose of this section is to establish authority," procedures, and
standards for the granting of variances from certain provisions of this Land Development
Code, as specified in this section
(b) Authority and scope of authority. The !!planning Csommission is authorized to grant the
following variances according to the standards of subsection (d) of this section i .,,.,. °
, v�44 - c4cscurrcrat4s - iirr @Eti6n-- 1-0-2 - -1-86(r) .
(1) Front, baek, side, and rear yard non - shoreline setback requirements in chapter 131
�tiele�I —
(2) B ufferyard requirements in chapter
114, article V;
(3) Off - street parking and loading space requirements in chapter 114, article III;
(4) Landscaping requirements in chapter 114, article IV; -aid
(5) Access standards in chapter 114, article VII and
(6) Fence height requirements in chapter 114, article I.
(c) Application and procedures. An application for a variance shall be submitted to the
Pplanning Ddirector. The Pplanning Ddirector shall review the entire application and all
public responses thereto and prepare a staff report with recommendations for the Pplanning
Csommission. The variance application shall be heard at a regularly scheduled meeting of the
Pplanning Csommission. Notice, posting and hearing requirements shall be in accordance
with section 110 -5.
(d) Standards. The Planning Commission has the authority to grant a variance to the standards
described in (b)(1) through (6), with or without conditions, if and only if the aplicant
demonstrates that all of the following standards are met:
(1) The applicant shall demonstrate a showing of good and sufficient cause,
(2) Failure to grant the variance would result in exceptional hardship to the applicant;
(3) Granting the variance will not result in increased public expenses, create a threat to
public health and safety, create a public nuisance, or cause fraud or victimization of the
public,
(4) Property has unique or peculiar circumstances,
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(5) Granting the variance will not give the applicant any special Privilege denied to another
property owner in the immediate vicinityz
(6) Granting the variance is not based on disabilities, handicaps or health of the applicant or
members of his family,
(7) Granting the variance is not based on the domestic difficulties of the applicant or his
family, and
(8) The variance is the minimum necessary to provide relief to the aplicant
(f) Decision by the Planning Commission The Pplanning Cc-ommission's decision shall be in
writing by Resolution. is aeeerdaaee =w44 seetio" 101 1. Exe pt f " t4e speeiai- aeeessi it it y
staf a.,, -as i eet ,,, 102 186(f ., et
(g) Development under approved Planning Commission variances. The granting of a setback
variance by the Planning Commission is based on the design and placement of the
structure(s) as shown on the approved site plans and does not reduce or waive any other
required setbacks for any future structures or additions. Work not specified or alterations to
the site plan may not be carried out without additional aproval(s).
Secs. 102 - 188 -102 -212. Reserved.
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DIVISION 2. HEARING OFFICERS
Sec. 102 -213. Jurisdiction.
Hearing officers shall review by appeal Pplanning Csommission action when authorized by the
county Lland Ddevelopment fegt la Code
Sec. 102 -214. Invocation of jurisdiction.
The jurisdiction of the hearing officer under this article shall be invoked by filing a copy of the
notice of the appeal and the filing fee with the seet:et zy to d+e p lanning commission coordinator
The BOCC shall establish a reasonable filing fee. The form of the notice
shall be prescribed by the Pplanning Ddirector.
Sec. 102 -215. Preparation of the record.
Within 30 days of filing the notice, the planning commission coordinator seel:etalzy shall prepare
the record prescribed in section 102 -216 and serve copies of the index of the record on all
parties. Within 30 days of the filing of the notice, the planning commission coordinator seer-etatzy
shall transmit the record to the hearing officer and copies to all parties. The beffA -P
eemmissieffef-E may establish reasonable fees for copies furnished the parties.
Sec. 102 -216. Contents of the r-Record.
(a) The record in a case governed by this article shall consist only of:
(1) All applications, memoranda, or data submitted to the Pplanning Csommission;
(2) Evidence received or considered by the Pplanning Csommission;
(3) Questions and proffers of proof, objections, and rulings thereon, presented to the
planning commission;
(4) The transcript of the hearing before the Pplanning Csommission transcribed by a certified
court reporter at the expense of the appellant and furnished to the planning commission
coordinator &eef; and
(5) The order of the Pplanning Csommission.
(b) The planning commission coordinator shall prepare the record in the following
fashion:
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(1) Upon receipt of the transcript from the court reporter, each page shall be consecutively
numbered. The transcript shall be securely bound in consecutively numbered volumes not
to exceed 200 pages each.
(2) The remainder of the record, including any supplements, shall be consecutively
numbered and securely bound in volumes not to exceed 200 pages.
(3) The planning commission coordinator shall prepare a complete index to the
record.
(c) The burden to ensure that the record is prepared and transmitted to the hearing officer and the
parties shall be on the appellant.
(d) If there is an error or omission in the record, the parties by stipulation, the Pplanning
Cc-ommission, or the hearing officer may correct the record. If the hearing officer finds the
record incomplete, he or she shall direct a party to supply the omitted parts of the record. No
case shall be decided because the record is incomplete until an opportunity to supplement the
record has been given.
(e) The record shall be returned to the planning commission coordinator seefetaf� , after the
disposition of the case by the hearing officer.
Sec. 102 -217. Contents of the bBriefs.
(a) The appellant's initial brief shall be filed with the hearing officer and served on the parties
within 50 days of the filing of the notice. The appellee's answer brief shall be filed and
served within 20 days of service of the initial brief. The appellant's reply brief, if any, shall
be filed and served within ten days of service of the answer brief.
(b) The contents of the initial brief shall include:
(1) A table of contents listing the issues presented for review, with reference to pages;
(2) A table of citations with cases listed alphabetically, statutes and other authorities and the
pages of the brief on which each citation appears;
(3) A statement of the case and of the facts, which shall include the nature of the case, the
course of the proceedings, and the disposition in the lower tribunal. References to the
appropriate pages of the record or transcript shall be made;
(4) A summary of argument, suitably paragraphed, condensing succinctly, accurately, and
clearly the argument actually made in the body of the brief,
(5) Argument with regard to each issue; and
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(6) A conclusion, of not more than one page, setting forth the precise relief sought.
(c) The contents of the answer brief shall be prepared in the same manner as the initial brief
provided the statement of the case and facts shall be omitted unless there are areas of
disagreement, which should be clearly specified.
(d) Contents of the reply brief shall contain argument in response and rebuttal to argument
presented in the answer brief.
(e) The initial and answer briefs shall not exceed 50 pages in length. Reply briefs shall not
exceed 15 pages in length. The table of contents and the citation of authorities shall be
excluded from the computation.
Sec. 102 -218. Oral -aArgument and the c-Contents and Eeffect of the h eOfficer's
Oerder.
(a) Within 60 days of the filing of the briefs and the record, the hearing officer shall schedule the
case for oral argument.
(b) Within 45 days of oral argument, the hearing officer shall render an order that may affirm,
reverse or modify the order of the Pplanning Csommission. The hearing officer's order may
reject or modify any conclusion of law or interpretation of the county Lland Ddevelopment
Code t:egtilatietis or Csomprehensive Pplan in the Pplanning Ceommission's order, whether
stated in the order or necessarily implicit in the Pplanning Csommission's determination, but
he may not reject or modify any findings of fact unless he first determines from a review of
the complete record, and states with particularity in his order, that the findings of fact were
not based upon competent substantial evidence or that the proceeding before the Pplanning
Csommission on which the findings were based did not comply with the essential
requirements of law.
(c) The hearing officer's final order shall be the final administrative action of the county.
Sec. 102 -219. Motions and *Sanctions.
Upon the application of any party, the hearing officer may grant relief under this article or
impose sanctions for the failure of a party to comply with this article, including the striking of
untimely, irrelevant or scandalous portions of a brief or the record or the dismissal of an appeal,
as the interests of justice may require. An application for an order seeking sanctions for failure of
a party to comply with this article or for other relief under this article shall be made by filing a
motion stating the sanction or relief sought and the basis therefor with the hearing officer and
serving a copy on the opposing party. A motion for an extension of time shall, and other motions
may, contain a certificate from the movant or his counsel that he has consulted the opposing
parties or, if they have counsel, opposing counsel and that he is authorized to represent that they
have no objection or that they will promptly file an objection. A party may file and serve one
response to a motion within ten days of service of the motion. The service and filing of a motion
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shall not toll the time by which any act must be performed under this article unless so ordered by
the hearing officer. Within 15 days of the filing of the motion or the response as appropriate, the
hearing officer shall grant any sanction or relief as may be appropriate but shall not dismiss any
appeal without affording the appellant at least one opportunity to correct the offending error.
Sec. 102 -220. Automatic sStay of -oOrder to be r-Reviewed.
The filing of an appeal under this article shall operate as an automatic stay on the effectiveness
of any development order to be reviewed unless the stay is dissolved by the hearing officer upon
the motion of a party showing that the interests of justice require such dissolution.
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