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Item B1 Chapter 110Monroe County Comprehensive Plan Update Chapter 110 DEVELOPMENT REVIEW ARTICLE L - IN GENERAL Sec. 110 -1. Applicability. The provisions of this article shall apply to all applications for development approval. Sec. 110 -2. Application and €Fees. Every application for development approval shall be in a form specified by the Planning dDirector of planning and shall be accompanied by a nonrefundable fee as established from time to time by the BOCC to defray the actual cost of processing the application, and the provision of notice if required. If a person other than the landowner is submitting g an application, a notarized letter of a authorizing from the landowner authorizing the pan application, a notarized letter of a person from the landowner authorizin _g the person to represent them with respect to the application shall be required. The term "applicant" as used in this chapter refers to the landowner or the landowner's agent, as applicable. Sec. 110 -3. Pre -&Application eConference and Community Participation Meetings (a) Pre - Application Conference (11) An applicant for development approval may request a pre - application conference with pPlanning and Environmental Resources dDepartment staff by submitting an application and the applicable fee to the department of planning Prior to the conference, the applicant shall provide to the department : a written description of existing development on the property and the proposed development including its character, location and magnitude. The purpose of this conference is to acquaint the participants with the requirements of the land development coder° applicable comprehensive plan policies and the views and concerns of the county. (2) If the applicant requests so and pays the applicable fee, the substance of the pre - application conference shall be recorded in a letter of understanding LOU prepared by department staff and signed by the pPlanning dDirector. The letter shall be mailed to the applicant within 30 days after the conference, except under those circumstances where additional information is required by department staff following the conference. In those situations, the pPlanning dDirector cannot issue a letter until all required information is submitted and reviewed. The letter shall set forth the subjects discussed at the conference and the county's position in regard to the subject matters discussed. LILThe applicant shall be entitled to rely upon representation made at the conference only to the extent such representations are set forth in the lettef of ttadefsta di*gLOU An r of LOU shall not provide any vesting to requirements and cod e. The development shall be required to be consistent with all regulations and policies at the 110 -1 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update time of development approval. The pPlanning dDirector acknowledges that all items required as a part of the application for development approval may not have been addressed at the conference, and consequently reserves the right for additional comment. (b) Community Participation Meeting Applicants requesting g a Major Conditional Use Permit pursuant to Article III of this chapter, Major Conditional Use Permit pursuant to Article III of this chapter, or a Development Agreement pursuant to Article V of this chapter shall provide for public participation through a community meeting. (1) Scheduling. The applicant 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 for development approval. (2) Notice of Meeting. The community meeting shall be noticed at least 15 days prior to the meeting date by advertisement in a Monroe County newspaper of general circulation, mailing of notice to surrounding �property owners, and posting of the subject property, in accordance with Section 110 -5. (3) 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. (4) The community meeting shall be facilitated by a representative from the Monroe County Planning & Environmental Resources Department and the applicant shall be present at the meeting. Sec. 110 -4. Determination of eCompleteness and eCompliance_, exeept for- single ffifflity dwellings: Within 15 working days after an application for development approval has been received, the pPlanning dDirector or his or her designee shall determine whether the application is complete. If *''° '.t ,,,,,;,,a air r � °e*e a°*°ifi°s that the application is not complete, the Planning Director or his or her desi specifying shall serve a written notice e�to the applicant specify shall serve a written notice e�to the applicant specifying the application's deficiencies. The pPlanning dDirector or his or her designee shall take no further action on the application unless the deficiencies are remedied. If the Pplanning Ddirector or his or her designee fails to make a determination of completeness within 15 working days, the application is deemed complete except in cases where the Land Development Code specifically requires a deficient document. In cases where the Land Development Code specifically requires a deficient document, regardless of the 15 working day deadline, the applicant shall provide the required document prior to any final decision on the application Once the application is deemed complete, the pPlanning dDirector or his or her desi gnee shall process and review e the 110 -2 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update application in accordance with procedure required for the type of application as provided in the Land Development Code. to be evaittat ten er .a.,ys vteempiianeev eemmittee - A determination of completeness shall not constitute a determination of compliance with the ��'�� requirements of the Comprehensive Plan or this Land Development Code ehapte . Sec. 110 -5. Notice. (aa) Content of notice. Every required notice shall include the date, time and place of the hearing or meeting (if applicable ) the address of the 4te— subject property, where known, -a refet:etiee- to the closest mile marker, a summary of the proposal to be considered, and identification of the board, commission, committee, or body conducting the hearing or me eting . (b) Advertised notice. Unless otherwise specified, notice of public hearings public/community or public /communityor public /community meetings required by this Land Development Code shall be published in a Monroe County newspaper of paid general circulation at least 15 days prior to the public hearing or public meeting in the non -legal section (unless specified otherwise). The newspaper shall be of general interest and readership in the community. The advertisement shall appear in a newspaper that is published at least five days a week. The advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper. The advertisement shall be captioned, "NOTICE OF PUBLIC HEARING," or "NOTICE OF PUBLIC MEETING," respectively, in a type no smaller than 18 point. If directed by resolution of the BOCC, advertisements may be put in additional newspapers published less frequently than five days a week in the legal advertising or non -legal section prior to the hearing without the same specification as to size or timeframe, or as a "NOTICE OF PUBLIC MEETING" with the agenda available from the Planning and Environmental Resources Department. Advertisements for public hearings or community meetings regarding amendments to the land use (zoning) district map overlays to the land use (zoning) district map or future land use map shall be captioned, "NOTICE OF CHANGE TO LAND USE ZONING DISTRICT MAP" or "NOTICE OF CHANGE TO FUTURE LAND USE MAP," respectively, in 18 point type, -a*d shall contain a geographic location map which clearly indicates the area covered by the proposal, shall include major street names as a means of identification of the area and shall state in a brief form the nature of the amendment to be considered by ordinance title. 110 -3 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update LZL{c}Advertisements for public hearings s or public meetings _s re_ardinor public meetin regarding re_arding amendments to the text of thise I dDevelopment Code r°gt� shall be captioned "NOTICE OF CHANGE TO LAND DEVELOPMENT REGULATIONS" in 18 point type and shall be advertised by ordinance title. ertisemeg*s i t4is s4seetion and 84seetion (b) �; �r (3) Advertisements noticing grant of minor conditional use permits shall be advertised as specified above, but shall be placed in the legal section of the newspaper, and captioned, "NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MINOR CONDITIONAL USE PERMIT." The advertisement shall indicate commencement of the 30 day meal period and the means of filing an meal. (4) Advertisements noticing grant of major conditional use permits shall be advertised as specified above, but shall be placed in the legal section of the newspaper, and captioned, "NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MAJOR CONDITIONAL USE PERMIT," with the cost to be borne by the applicant. The advertisement shall indicate commencement of the 30 day appeal period and the means of filing an meal. (5) Advertisements for all other public hearings or public meetings shall be captioned, "NOTICE OF PUBLIC HEARING" or "NOTICE OF PUBLIC MEETING," respectively, in 18 point type. In addition to the usual information concerning location, date and time, the body of the advertisement shall describe the matter(s) on which the Dublic may be heard. (6) Additionally advertisements and notices for Development Agreements, pursuant to Section 163.3225, F.S., shall include the development uses proposed on the property, the proposed population densities, the proposed building intensities and height and shall specify a place where a copy of the proposed agreement can be obtained. The day, time, and place at which the second public hearing will be held shall be announced at the first public hearing. (7) The advertisements listed above may be combined by title and content if the hearings are scheduled for the same meeting. (8) The applicant shall coordinate with the County to assure the meeting is posted to the County's website and social media platforms. Failure to post notice on the Monroe County official website shall not constitute grounds for the cancellation of any public meeting. 110 -4 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update La) O� - Posting of notice. At least 15 days prior to any public hearing or public meeting on an application which requires posting of notice all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing or meeting with a waterproof signs(s) prepared and provided by the pPlanning and Environmental Resources ADepartment The notices shall bevies- are PIR located so that the notices shall be easily visible from all public streets and roads abutting the property. Failure to provide proper notice as per this "�e Gettn-ty Land Development Code or other reason resulting in a delayed hearing shall result in the re- noticing of a new hearing or meeting date and rehearing of the original proposal and which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten days after completion of the hearing or meeting �hhh g}Mailing of notice oi - °•°- pepmik For the types of aplications listed below, or otherwise required by this Land Development Code, �4notice of a public hearing or public meeting 4e. eensidet: a majersenditional ttse shall be mailed by the county to all owners of real property located within 400- feet of the property that is the subject of the proposed development aproval,prePew-d-4e -be- developed etsenditien including any residents of the parcel proposed for development, at least 15 days prior to the-a public hearing or public meeting by toe p! i - se ission 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. 110 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 .4- W. Mil' NONUNION sw' W1011 WHOM v 01'. V. La) O� - Posting of notice. At least 15 days prior to any public hearing or public meeting on an application which requires posting of notice all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing or meeting with a waterproof signs(s) prepared and provided by the pPlanning and Environmental Resources ADepartment The notices shall bevies- are PIR located so that the notices shall be easily visible from all public streets and roads abutting the property. Failure to provide proper notice as per this "�e Gettn-ty Land Development Code or other reason resulting in a delayed hearing shall result in the re- noticing of a new hearing or meeting date and rehearing of the original proposal and which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten days after completion of the hearing or meeting �hhh g}Mailing of notice oi - °•°- pepmik For the types of aplications listed below, or otherwise required by this Land Development Code, �4notice of a public hearing or public meeting 4e. eensidet: a majersenditional ttse shall be mailed by the county to all owners of real property located within 400- feet of the property that is the subject of the proposed development aproval,prePew-d-4e -be- developed etsenditien including any residents of the parcel proposed for development, at least 15 days prior to the-a public hearing or public meeting by toe p! i - se ission 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. 110 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 W1011 WHOM v 01'. V. La) O� - Posting of notice. At least 15 days prior to any public hearing or public meeting on an application which requires posting of notice all applicants, excluding governmental agencies, shall post the property that is the subject of the hearing or meeting with a waterproof signs(s) prepared and provided by the pPlanning and Environmental Resources ADepartment The notices shall bevies- are PIR located so that the notices shall be easily visible from all public streets and roads abutting the property. Failure to provide proper notice as per this "�e Gettn-ty Land Development Code or other reason resulting in a delayed hearing shall result in the re- noticing of a new hearing or meeting date and rehearing of the original proposal and which shall be at the expense of the applicant and which shall be an amount equal to double the appropriate application fee. The applicant shall remove the posted notice within ten days after completion of the hearing or meeting �hhh g}Mailing of notice oi - °•°- pepmik For the types of aplications listed below, or otherwise required by this Land Development Code, �4notice of a public hearing or public meeting 4e. eensidet: a majersenditional ttse shall be mailed by the county to all owners of real property located within 400- feet of the property that is the subject of the proposed development aproval,prePew-d-4e -be- developed etsenditien including any residents of the parcel proposed for development, at least 15 days prior to the-a public hearing or public meeting by toe p! i - se ission 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. 110 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Mailing of notice: Major conditional use permit. Notices shall be mailed to property owners, as described above, at least 15 days prior to a public hearing by the Planning Commission. L2,L{+Mailing of notice: Minor conditional use permit. Notices shall be mailed to property owners, as described above, at least 15 days prior to the public meeting of f the DRC. Following the DRC meeting, if the Planning Director approves the minor conditional use permit and signs a development order, notice of the issuance of the minor conditional use permit pet=mit shall be mailed by the county to property owners, as described above, a' appli eation, inceding any fesidents of reel pfoPo� a�evelop and shall indicate commencement of the 30 day appeal period and the means of film _ g an appealan appeal. (3) Mailing of notice: Community Meeting. Notices shall be mailed to property owners, as described above, at least 15 days prior to a Community Meeting required pursuant to Section 110 -3 or 102 -159. Lc o) -Other notice. Notice of all public hearings and public meetings shall be posted on the eeGettfity W county's official w ebsite as soon as is practical. Failure to post notice on the county's official w ebsite shall not constitute grounds for the cancellation of any public hearing or public meeting, nor shall it constitute grounds for the cancellation of any action taken by a board at such a meeting. Ld (j{ — Affidavit and photograph of notice. An affidavit and photographic evidence shall be provided by the applicant at the beginning of the respective public hearing or public meeting or in the cases of minor conditional use permit applications at beginning of the development review committee meeting, demonstrating that the applicant has complied with the notice required by this section. (e) Noticia expenses. Applicants shall be responsible for the cost of all noticing. Sec. 110 -6. Hearing pProcedures for &Applications for dDevelopment &Approval. (a) Setting the public hearing. When the Planning Director or his or her designee determines that an application for development approval is complete and that a public hearing is required by this Land Development Code he or she shall consult with the coordinator / secretary of the bodies required to conduct the up blic hearing and shall select a place and time certain for the required hearing, and shall cause published, written and posted notices of the up blic hearing to be given. 110 -6 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) Examination and copying of application and other documents. At any time upon reasonable request, any person may examine the application and materials submitted in support of or in opposition to an application for development approval. Copies of such materials shall be made available at cost. (c) Conduct of hearing. (1) Oath or affirmation. Testimony and evidence shall be given under oath or by affirmation to the body conducting the up blic hearing. (2) Rights of all persons. Any person may appear at a public hearing and submit evidence, either individually or as a representative of an organization. Anyone representing an organization must present written evidence of his authority to speak on behalf of the organization in regard to the matter under consideration. Each person who appears at a public hearing shall ' provide his or her name and address and if appearing on behalf of an organization state the name and mailing address of the organization. (3) Due order of proceedings. The body conducting the up blic hearing may exclude testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any person may ask relevant questions of other persons appearing as witnesses, but shall do so only through the chair at the chair's discretion. The order of proceedings shall be as follows: a. fie- Planning and Environmental Resources dDepartment staff shall present a narrative and graphic description of the proposed development. b. T4+�Planning and Environmental Resources D department of planning staff shall present a ..,,.:,4„r ara e recommendation as well as any recommendations by members of the development review committee. T4+i-sThe staff recommendation shall address each factor required to be considered by the Comprehensive Plan and this Land Development Code.plan pfief to d eve epai �* to too h c. The applicant shall present any information it deems appropriate. d. Public testimony shall be heard, first in favor of the proposal, then in opposition to it. e. The Planning and Environmental Resources D epartment staff may respond to any statement made by the dev el or any public comment. f. The applicant may respond to any testimony or evidence presented by the staff or public. 110 -7 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4) Testimony. In the event any testimony or evidence is excluded as irrelevant, immaterial or unduly repetitious, the person offering such testimony or evidence shall have an opportunity to make a proffer in regard to such testimony or evidence for the record. Such proffer may be made at the public hearing or in writing within 15 days after the close of the up blic hearing. (5) Continuance of up blic hearing. The body conducting the up blic hearing may, on its own motion , continue the up blic hearing to a fixed date, time and place. No notice shall be required if a up blic hearing is continued to a fixed date, time and place An applicant shall have the right to request and be granted one continuance; however, all subsequent continuances shall be granted at the discretion of the body conducting the hearing only upon good cause shown. All adjourned public hearings shall commence only upon the giving of all notices that would have been required were it the initial call of the public hearing. (6) Written protests. In the event of written protests against a proposed major conditional use permi!deve'^pm°fi* Brae signed by the real property owners of 20 percent or more of the people required to be noticed in S -section 110 -5(d), such application shall not be approved except by the concurring vote of at least four commissioners before the full board of either commission. (7) Other rules to govern. Other matters pertaining to the public hearing shall be governed by other provisions of this Monroe County Code applicable to the body conducting the hearing and its adopted rules of procedure, so long as the same are not in conflict with this article. The county's decision - making bodies may adopt a rule of procedure to limit the number of applications for development approval that may be considered per meeting. (8) Record. a. The body conducting the up blic hearing shall record the proceedings by any appropriate means that shall be transcribed at the request of any person upon application to the c-County A -administrator and payment of a fee to cover the cost of transcription or duplication of the audio record or tape. Except, however, if a person desires to appeal a decision of the Pplanning Csommission pursuant to chapter 102, article VI, such person shall, at his own expense, provide a transcript of the up blic hearing before the Pplanning Csommission transcribed by a certified court reporter. b. The transcript, all applications, memoranda, or data submitted to the decision - making body, evidence received or considered by the decision - making body, questions and proffers of proof, objections, and rulings thereon, presented to the decision - making body, and the decision, recommendation or order of the decision - making body shall constitute the record. 110 -8 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. All records of decision - making bodies shall be public records, open for inspection at reasonable times and upon reasonable notice. Sec. 110 -7. Actions by dDecision- mMaking pPersons and bBodies. (a) Generally. All decision - making persons and bodies shall act in accord with time limits established in this ehapter— Development Code Action shall be taken as promptly as possible in consideration of the interests of the citizens of the county. (b) Findings. All decisions shall be in writing and adopted by resolution and shall include at least the following elements: (1) A summary of the information presented before the decision - making body; (2) A summary of all documentary evidence provided to the decision - making body or which the decision - making body considered in making its decision; and (3) A clear statement of specific findings of fact and a statement of the basis upon which such facts were determined, with specific reference to the relevant standards set forth in this Land Development Code ineittding bt4 not limited to toe s*.,�s in tieti 110 6:7. (c) Notification. Notification of a decision - making body's decision, by copy of the resolution, shall be mailed by the Pplanning Ddirector to the applicant by certified mail. Sec. 110 -8. Successive &Applications. Whenever any application for development approval is denied for failure to meet the substantive requirements of the Comprehensive Plan and /or the Land Development Codgse feg t i lati , an application for development approval for all or a part of the same property shall not be considered for a period of two ayears after the date of denial unless the subsequent application involves a development proposal that is materially different from the prior proposal or unless four aLmembers of the Pplanning Cc-ommission determine that the prior denial was based on the material mistake of fact. For the purposes of this provision, a development proposal shall be considered materially different if it involves a significant modification(s) as determined by Planning Director ,.h. nge i intensity of „s° of me,.° than 25 pe °p* or the application expressly satisfies the deficiencies that were identified in the prior denial. The body charged with conducting the initial public hearing under such successive applications shall resolve any question concerning the similarity of a second application or other questions that may develop under this section. 110 -9 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 110 -9. Suspension of dDevelopment r-Review pProceedings. The P lanning Director may in his or her discretion suspend consideration of any application for development approval during the pendency of a code e entcompliance proceeding involving all or a portion of the parcel proposed for development. Secs. 110 -10- 110 -36. Reserved. 110 -10 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE II. DEVELOPMENT AS OF RIGHT Sec. 110 -37. Development PPermitted as of r-Right. (a) Purpose. Uses permitted as of right are those uses that are compatible with other land uses in a land use (zoning) district, provided they are developed in conformity with the Comprehensive Plan and this Land Development Code-ekapte+ (b) Application. An applicant for development approval for a use permitted as of right shall submit an application for a building permit, which shall be reviewed by Planning and Environmental Resources Department staff. teg °ciao =wren- a eet:ti Bate of ee""' "cc if 1:e H:ed, obta a . (c) Action on the application. If the Pplanning Ddirector determines that the proposed development is in compliance with the Comprehensive Plan and this Land Development Code 4-fequifewteff*s 1 and the hBuilding eOfficial determines that it is in compliance with the Florida Building Code and the appliea evelopnent -ap} the hBuilding eOfficial shall issue a building permit with or without conditions. 110 -11 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Secs. 110 -38 — 110 -62. Reserved. 110 -12 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE III. CONDITIONAL USES Sec. 110 -63. Purpose. Minor and major Cconditional uses are those uses that are generally compatible with the other land uses permitted in a land use (zoning) district, but which require individual review of their location, design and configuration and the imposition of conditions in order to ensure the appropriateness of the use at a particular location. Sec. 110 -64. Authority. The dit:e of Director and the planfiiffg-Plannin Commission may, in accordance with the procedures, standards and limitations of this article and subject to such rights of appeal as are provided, approve applications for conditional use permits. Sec. 110 -65. Authorized eConditional -uUses. Only those uses that are authorized in chapter 130, article III may be approved as conditional uses unless otherwise specified in this Land Development Code LaL{+The designation of a use in a land use (zoning) district as a conditional use does not constitute an authorization or an assurance that such use will be approved. �hh{2}Each proposed conditional use shall be evaluated by the 1!-planning D -director and in the case of major conditional uses, the plaiiiiiffg�-- Commission Jor compliance with the standards and conditions set forth in this article for each district. LcL(J�The planni Planning dDirector and the Planning Commission mare empowered, within their review of minor and major conditional use applications, respectively, to ,, e dit , o approve, or approve with conditions, or deny any application that may not be appropriate within any particular area in the context of surrounding properties and neighborhoods as well as on grounds of insufficient submittals for adequate review or contrary to objectives policies, and goals of the Comprehensive pha*- or the provisions of this Land Development Code Sec. 110 -66. Initiation. An application fora conditional use permit shall be submitted by the land owner, or an agent authorized in writing to act on the land owner's behalf et: et4et: pets ,,, h 110 -13 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 110 -67. Standards -aApplicable to all c-Conditional -uUses. When considering applications for a conditional use permit, the difeetef of P lanning Director and the Pplanning Csommission shall consider the extent to which: LaLo)-The conditional use is consistent with the purposes, goals, objectives and s d-at:ds p of the Comprehensive pPIan and this Land Development Cod thhq}The conditional use is consistent with the community character of the immediate vicinity of the parcel proposed for development; LcLo�-The design of the proposed development minimizes adverse effects, including visual impacts, off the proposed use on adjacent properties; Ld)_O}The proposed use will have an adverse effect on the value of surrounding properties; LeLO}The adequacy of public facilities and services ineittding, bt4 not limited to, ,.,,.,a,,,a -ys adopted in the anfittal Fepet4 Fe"ifed by this ehaptef- f�O-)-The applicant for conditional use approval has the financial and technical capacity to complete the development as proposed and has made adequate legal provision to guarantee the provision and development of any open spae° and et4e -f improvements associated with the proposed development; �gLq}The development will adversely affect a known archaeological, historical or cultural resource; Jhho}Public access to public beaches and other waterfront areas is preserved as a part of the proposed development; and LiL{9}The proposed use complies with all additional standards imposed on it by the particular provision of this Land Development Code authorizing such use and by all other applicable requirements of phis r °a° Sec. 110 -68. Conditions. The difeetef of Director or the Pplanning Csommission may attach such conditions to a conditional use permit as are necessary to carry out the purposes of the Comprehensive pPlan and this Land Development Code and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size, bulk and location; requirements for landscaping, lighting, ingress and egress a-Rd off site bttt pfejeet felatea ent ; phasing of development"fatio e ; hours of 110 -14 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update operation; and mitigation of environmental impacts. ra• ,,, Sec. 110 -69. Minor eConditional ttUses. (a) Applications for a minor conditional use permit. An application for a minor conditional use permit shall be submitted to the plai+Riffg— dece Director in the form provided by the pPlanning and Environmental Resources dDepartment. If an application for a minor conditional use permit includes a major conditional use, then the minor conditional use shall be considered in conjunction with the major conditional use in accordance with the procedures of sSection 110- 70. The application shall include: (1) the name and address of the property owner(s) of record, (2) the property record card(s) from the Monroe County Property Appraiser, (3) a written legal description of the property proposed for development, (4) a boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage and total acreage by byby habitat, (5) a site plan, prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information: a. Date, north point and graphic scale, b. Boundary lines of site, including all property lines and mean high- water, lines shown in accordance with Florida Statutes, c. All attributes from the boundary survey, d. Future Land Use Map (FLUM) designation(s) of the site, e. Land Use (Zoning) District designation(s) of site, f. Tier designation(s) _ of the site, 110 -15 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update g. Flood zones pursuant to the Flood Insurance Rate Map, h. Setback lines as required by this Land Development Code, i. Locations and dimensions of all existing g and proposed structures, including all paved areas and clear site triangles, j. Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants, k. Extent and area of wetlands, open space preservation areas and conservation easements, 1. Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally recognized mUping by the U.S. Fish and Wildlife Service), m. Drainage plan including existing g and proposed topography, all drainage structures, proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas, n. Location of fire hydrants or fire wells, o. The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on -site system proposed to meet required county and state wastewater treatment standards, and p. A table providing the total land area of the site, the total buildable area of the site, the type and square footage of all nonresidential land uses, the type and number of all units, the amounts of impervious and pervious areas, and calculations for land use intensity and density, open space ratio, and off - street parking, and (6) any additional information required by a specific regulation applying to the proposed development. (b) Review by the Ddevelopment R -Feview c-Committee. An application for a minor conditional use permit shall be reviewed by the Ddevelopment Rfeview Ceommittee DRC . At the meeting, DRC development tvview eemmit4ee members s'�^'� may comment on the application and responsible Pplanning and Eenvironmental Rfesources Ddepartment staff shall provide their staff report(s) The applicant shall provide any additional information requested by the DRC within 6 months of the date of the DRC meeting when the application was considered. If such information is not received within this timeframe, the application will be deemed withdrawn. 110 -16 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update rep e eeffifflrftee— DRC members may submit additional reports and comments to the Pplanning Ddirector within five 5 terr working days in advance of the meeting. Mailed notice of the DRC meeting shall be sent to surrounding property owners in accordance with Section 110 -5. (c) Decision by the Planning Ddirector. Within 60 days after the DRCa°yekT Aent �� eeftee— meeting, the Pplanning Ddirector shall render a development order granting, granting with conditions or denying the application for a minor conditional use permit, with the exception of any application where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the minor conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of satisfaction of the condition(s). Such proof of satisfaction must be submitted to the Planning Director within 6 months of notification to the applicant by the County. If such proof is not received within this timeframe, the application will be deemed withdrawn. (d) Notice of grant of a minor conditional use permit. The Pplanning Ddirector shall give both advertised and mailed notice of any development order granting a minor conditional use in accordance with Section 110 -5. by sendi a ri**°fi fietiee to all & of real r el4y a€ p4lieatie �tefi fietiee -aeto be the- (e) Consideration of a minor conditional use approval by the Planning Ce-ommission. A-* appt:eval sha'�govern °a by toe p s of section 102 185ii easesFOr apllcations for minor conditional use approval where the Pplanning Ddirector determines the application has unique or peculiar circumstances and the applicant and the Pplanning D , director, by mutual consent agree, the Pplanning Ddirector may request a public hearing by the pPlanning c-Commission. Such agreement shall be documented in writing in a form approved by the c-County (Attorney. (f) Appeal of a minor conditional use approved by the Planning Director. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), may request an appeal of the Planning Director's minor conditional use decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the Planning Director. (g) Appeal of a minor conditional use approved by the Planning Commission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c) of this section may request an meal of the Planning Commission's decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the Planning Commission. 110 -17 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 110 -70. Major eConditional ttUses. (a) Applications for major conditional uses. An application for a major conditional use permit shall be submitted to the Pplanning Ddirector in a form provided by the pElanning and Environmental Resources dDepartment. The application shall include: (1) the name and address of the property owner(s) of record, (2) the property record card(s) from the Monroe County Property Appraiser, (3) a written legal description of the property proposed for development, (4) a boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage and total acreage by byby habitat, (5) a site plan, prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information: a. Date, north point and graphic scale, b. Boundary lines of site, including all property lines and mean high- water, lines shown in accordance with Florida Statutes_ c. All attributes from the boundary survey, d. Future Land Use Map (FLUM) designation(s) of the site, e. Land Use (Zoning) District designation(s) of site, f. Tier designation(s) _ of the site, g. Flood zones pursuant to the Flood Insurance Rate Map, h. Setback lines as required by this Land Development Code, 110 -18 Keith and Schnars, P.A. Land Development Code: Sept 2015 limited t4e development dete�-ffl-imaed by t4e difeetef: size of seale of as Planning (1) the name and address of the property owner(s) of record, (2) the property record card(s) from the Monroe County Property Appraiser, (3) a written legal description of the property proposed for development, (4) a boundary survey of the property proposed for development, prepared by a surveyor registered in the State of Florida, showing the boundaries of the site, elevations, bodies of water and wetlands on the site and adjacent to the site, existing structures including all impervious areas, existing easements, total acreage and total acreage by byby habitat, (5) a site plan, prepared and sealed by a professional architect, engineer, or any other professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall depict the following features and information: a. Date, north point and graphic scale, b. Boundary lines of site, including all property lines and mean high- water, lines shown in accordance with Florida Statutes_ c. All attributes from the boundary survey, d. Future Land Use Map (FLUM) designation(s) of the site, e. Land Use (Zoning) District designation(s) of site, f. Tier designation(s) _ of the site, g. Flood zones pursuant to the Flood Insurance Rate Map, h. Setback lines as required by this Land Development Code, 110 -18 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update i. Locations and dimensions of all existing and proposed structures, including all paved areas and clear site triangles, j. Size and type of buffer yards and parking lot landscaping areas, including the species and number of plants, k. Extent and area of wetlands, open space preservation areas and conservation easements, 1. Delineation of habitat types to demonstrate buildable area on the site, including any heritage trees identified and any potential species that may use the site (certified by an approved biologist and based on the most current professionally recognized mapping by the U.S. Fish and Wildlife Service), m. Drainage plan including existing g and proposed topography, all drainage structures, proposed topography, all drainage structures, retention areas, drainage swales and existing and proposed permeable and impermeable areas, n. Location of fire hydrants or fire wells, o. The location of public utilities, including location of the closest available water supply system or collection lines and the closest available wastewater collection system or collection lines (with wastewater system provider) or on -site system proposed to meet required county and state wastewater treatment standards, and p. A table providing the total land area of the site, the total buildable area of the site, the type and square footage of all nonresidential land uses, the type and number of all units, the amounts of impervious and pervious areas, and calculations for land use intensity and density, open space ratio, and off - street parking, and . An environmental designation survey consisting of: a_4—A plan drawn to a scale of one inch equals 20 feet or less, except where impractical and the pPlanning ADirector authorizes a smaller scale, and showing the following: (44L-The location of property; {i4}2. The date, approximate north point and graphic scale; Oii4 . -The acreage within the property; {v4. The boundary lines of the property and their bearings and distances; (-v4L The topography and typical ground cover; "L. The general water surface characteristics, water areas and drainage patterns, including location of MHWL, if applicable 110 -19 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update {�2. The contours at an interval of not greater than one foot or at lesser intervals if deemed necessary for review purposes; { }8. The 100 -year flood -prone areas by flood zone; 002. The presently developed and /or already altered areas; and b. -2-.-A natural vegetation map and /or a map of unique environmental features such as: (O Tropical hardwood hammocks; 042. Endangered species habitats; and {4}3. Major wildlife intensive use areas; c. Aerial photographs of the property and surrounding area; d. 4—A review of historical and archeological sites by the Florida Division of Archives, History and Records Management; e. �A review of unique environmental features such as: {�}l . Tropical hardwood hammocks; 002. Endangered species habitats; and {4}3. Major wildlife intensive use areas; f. Actual acreage of specific vegetation species or other environmental characteristics; g_ . General information relating to the property in regard to the potential impact which development of the site could have on the area's natural environment and ecology; h. Environmental resources: (44L If shoreline zones were identified, describe in detail any proposed site alterations in the areas, including vegetation removal, dredging, canals or channels; identify measures which have been taken to protect the natural, biological functions of vegetation within this area such as shoreline stabilization, wildlife and marine habitat, marine productivity and water quality maintenance; {i4}2. If tropical hammock communities or other protected vegetative communities were identified, describe proposed site alteration in those areas and indicate measures which were taken to protect intact areas prior to, during and after construction; Oii4 . Describe plans for vegetation and landscaping of cleared sites including a completion schedule for such work; 110 -20 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update i_-9- Environmental resources - wildlife. Describe the wildlife species that nest, feed or reside on or adjacent to the proposed site. Specifically identify those species considered to be threatened or endangered. Indicate measures that will be taken to protect wildlife and their habitats; and j_4-O-.Environmental resources -water quality: 1_{i}Identify any wastewater disposal areas, including stormwater runoff, septic tank drain - fields, impervious surfaces and construction - related runoff, describe anticipated volume and characteristics. Indicate measures taken to minimize the adverse impacts of these potential pollution sources upon the quality of the receiving waters prior to, during, and after construction; identify the near shore water quality; and identify how this development will not adversely impact the near shore water quality; 2_{i)-Indicate the degree to which any natural drainage patterns have been incorporated into the drainage system of the project; Lab-.-A community impact statement, including: a. General description of proposed development: 1_{)-Provide a general written description of the proposed development; includ any proposed phases of development, ; ddi i , itidieate the site size meal s stteh as tithe number and type of existing and proposed '�4-dwellin units, eo eia the amount and type of existing and proposed nonresidential floor area, tettfist ueeo ties se-6-g-- parking demand and capacities; ted , ait pe d e density of to d ote r 0 e Lfi+ldentify aspects of the project design, such as a clustering, which were incorporated to reduce public facilities costs and limit adverse impacts on the environment, and describe building and siting specifications which were used to reduce hurricane and fire damage potential e0alpfehensive land 0 b. Impact assessment on public facilities = —water supply: 1_{)-Identify projected daily potable water demands t e end of e-aeh deN phase and specify any consumption rates that have been assumed for the projection; 2.O+Provide proof of coordination with the Florida Keys Aqueduct Authority; assess the present and projected capacity of the water supply system and the 110 -21 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ability of such system to provide adequate water for the proposed development; and 3.(4} Describe measures to ensure that water pressure and flow will be adequate for fire protection for the type of construction proposed; 4. Identify aspects of the project design which are proposed to reduce potable water demand and impacts to the public water supply; c_ Impact assessment on gpublic facilities --- Wwastewater management: 1_(r}Provide proof of coordination with the Florida Department of Health -ate Rehabilitative Sen 2.(i�-Provide projection of the average flows of wastewater generated by the development at the end of each development phase; describe proposed treatment system, method and degree of treatment, quality of effluent, and location of effluent and sludge disposal areas; identify method and responsibilities for operation and maintenance of facilities; 3.(}If public facilities are to be used, provide proof of coordination with the county waste collection and disposal district; assess the present and projected capacity of the treatment and transmission facilities and the ability of such facilities to provide adequate service to the proposed development; and 1.041f applicable, provide a description of the volume and characteristics of any industrial or other effluents; d. lic facilities --4 Ssolid waste: 1_(+Identify projected average daily volumes of solid waste generated by the development at the end of each phase; indicate proposed methods of treatment and disposal; and 2.O#Provide proof of coordination with county municipal services district; assess the present and projected capacity of the solid waste treatment and disposal system and the ability of such facilities to provide adequate services to the proposed development; ftffd g. Impact assessment on public facilities —Ttransportation: 1_O*-Provide a projection of the expected vehicle trip generation fie eemp letion of eaeh development phase describe in terms of external trip generation and average daily and peak hour traffic; 2. Provide a traffic study, if applicable, as specified in Section 114 -200, and 110 -22 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ; 6. Hettsing: .; l;;l if tats e to be sold AIAcrcnheti;«E6irrtmete r rvP€llifig twits, ifid'ieate i he (in) Assess *�- c ie peten of t e p foposed development to meet legal of > , (ii) ifidieate any relatieiish;rs of t e pfejeet tospeeia' land ttse and t t t of disposa o s; 0 (8) Anv additional information reauired by a specific regulation aDDlviniz to the DroDosed development. (b) Review by the Ddevelopment R -Feview Cc-ommittee DR C. An application for a major conditional use permit shall be reviewed by the deN feN eemmitteel)RC The deve e met feview eemmitteeDRC shall give comments to the applicant, responsible staff and the Pplanning Ddirector. Within 60 days of the meeting or within 60 days after any additional information required from the applicant is furnished, the plafining department shall provide for advertisement of the required public hearing by the Pplanning Csommission. (c) Public hearing on an application for a major conditional use permit. The applicant shall provide for a Communitv Meetiniz at least 45 days Drior to the Planning Commission heariniz_ in accordance with Section 110 -3(b). The Pplanning Csommission shall hold a public hearing on the application for a major conditional use permit and shall issue a development order granting, granting with conditions or denying the application for a major conditional use permit within 60 days of the public hearing by the Pplanning Csommission, with the exception of any application where a condition has been imposed that must be satisfied prior to the issuance of a development order approving the major conditional use permit, in which case the development order shall be issued within 30 days after receipt of proof of 110 -23 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update satisfaction of the condition. The applicant shall provide any additional information to satisfy a condition required by the Planning Commission within 1 year of the date of the Planning Commission meeting when the application was considered. If such information is not received within this timeframe, the application will be deemed withdrawn. (d , e) Appeal of a major conditional use approved by the PLplanning Cc-ommission. The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the public hearing conducted pursuant to subsection (c) of this section may request an appeal of the Pplanning Cc-ommission's eenditional ttse decision under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the written decision of the Pplanning Cc-ommission. Sec. 110 -71. Reserved. permit. 110 -24 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 110 -25 Keith and Schnars, P.A. Land Development Code: Sept 2015 stt:eets o ff o i mp e n , i etts , 111N. N�'llill 110 -25 Keith and Schnars, P.A. Land Development Code: Sept 2015 stt:eets o ff o i mp e n , i etts , 110 -25 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update .T.�fr�! N rstr�� I NO ON MZ ... Sec. 110 -72. Recording of Ceonditional *Uses. (a) All conditional use approvals shall be recorded with the Cc-lerk of the Cc-ircuit Cc-ourt in the official records of the county, including the terms and conditions upon which such approval is given, prior to the issuance of a building permit. The requirement contained in -sSection 110 -73(a) that a conditional use permit not be transferred to a successive owner without notification to the Pplanning Ddirector within 4-5--60 days of the transfer must be included on the document which is recorded pursuant to this section. (b) Prior to the expiration of the time periods described in Section 110- 73(a)(1) and the commencement of any construction, the owner of any property which is the subject of a recorded conditional use approval and who desires to abandon such approval shall submit a petition to the Planning Directorthat shall be r °a nditiona r° . The resolution shall be a recordable instrument. If the majetconditional use, which is the subject of the recorded approval, has been constructed, or partially constructed, the owner of the site may petition the Pplanning Cc o-F Planning Director for the release whieh shal also b by a n di t i ,na r° e _� ; but the body shall not grant such a petition unless it finds that the majetconditional use has been abandoned or is presently in an irrevocable process of abandonment. Sec. 110 -73. Development -uUnder an &Approved eConditional itUse pPermit. (a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be deemed to authorize only the particular use for which it is issued. A conditional use approval shall not be transferred to a successive owner without notification to the Pplanning Ddirector within 60 days of the transfer. (1) Unless otherwise specified in a major conditional use approval, all required building permits and certificates of occupancy and /or certificates of completion shall be procured within three LLyears of the date on which the major conditional use approval is recorded and filed in the official records of Monroe County, or the major conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a major conditional use approval may be granted only by the Pplanning Cc-ommission for periods not to exceed twos years, unless otherwise specified. Applications for extensions shall be made prior to the expiration dates. Extensions to expired major conditional use approvals shall be accomplished only by re- application for the major conditional uses. When a 110 -26 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update hearing officer has ordered a conditional use approval initially denied by the Pplanning Csommission, the Pplanning Csommission shall nonetheless have the authority to grant or deny a time extension under this section. If the Pplanning Csommission denies a time extension, the holder of the conditional use may request an appeal of that decision under chapter 102, article VI by filing the notice required by that article within 30 days of the written denial of the Pplanning Csommission. (2) Unless otherwise specified in a minor conditional use approval, all required building permits and certificates of occupancy and /or certificates of completion shall be procured within three years of the date on which the minor conditional use approval is recorded and filed in the official records of Monroe County, or the minor conditional use approval shall become null and void with no further action required by the county. Approval time frames do not change with successive owners. Extensions of time to a minor conditional use approval may be granted only by the pPlanning ADirector for periods not to exceed one year. Applications for extensions shall be made prior to the expiration dates. Extensions to expired minor conditional use approvals shall be accomplished only by re- application for the minor conditional uses. When a hearing officer has ordered a conditional use approval initially denied by the pPlanning dDirector, the pPlanning dDirector shall nonetheless have the authority to grant or deny a time extension under this section. If the pPlanning dDirector denies a time extension, the holder of the conditional use may request an appeal of that decision under sChapter 102, &Article VI by filing the notice required by that article within 30 days of the written denial of the Pplanning Ddirector. (3) Development of the use shall not be carried out until the applicant has secured all other permits and approvals required by this Land Development Code Florida Building Code, and / or regional, state and federal agencies and until the approved conditional use is recorded in accordance with Ssection 110 -72. (4) In the case of conditional use permit approvals for sites that have existing development, lawful uses that are in existence but anticipated to be demolished may remain in place while the redevelopment is taking place to provide an opportunity for the site to remain functional. The timeframe for removal of existing structures and uses shall be included in the conditional use approval. (b) Enforcement. Whenever the Pplanning Ddirector has reason to believe the provisions and /or conditions of a conditional use permit are being violated, the Pplanning Ddirector ander Cc-ode Csompliance Ddirector shall notify the alleged violator by certified mail and require corrective action of the violation(s) within a reasonable period of time, not to exceed 120 days. If necessary, for the protection of the public health, safety or welfare, the Pplanning Ddirector may notify the Bhuilding Oefficial to issue a temporary order stopping any and all work on the development until such time as the violation is cured. If the violation(s) is not corrected within the time specified, the violation(s) shall be referred to the Cc-ode Csompliance Ddepartment for Esnforcement. 110 -27 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) Deviations to a conditional use permit approval pi-eeess. Deviations may be made to developments approved by conditional use permits and existing uses deemed to have conditional use permits in accordance with S -Section 101 -4(c) as follows: (1) Deviations that do not result in additional impact. After development approved by a conditional use permit is complete pursuant to -iSection 110- 73(d), improvements that do not result in additional impact may be approved as of right through the building permit application process Such modifications are limited to the following: a. Normal maintenance or repair to permit continuation of an approved use(s) and /or structure(s); b. Construction and /or installation of an accessory structure that does not reduce the approved amount of open space for the site, does not alter any aspect of an approved structure(s) and /or required landscaping, and meets all requirements of this Land Development Code; c. Replacement of an approved structure with a new structure that is for the same use, within the same building footprint of the building to be replaced, and of equal or lesser height of the building to be replaced. However in no event shall the preceding language permit the continued existence or replacement of a nonconforming use or nonconforming structure prohibited by Cshapter 102, A-article III. Nonconformities; d. Installation of additional landscaping or the replacement of approved landscaping; or e. Demolition of a structure that is not required by the development order. f. For approved commercial retail uses only, a change of intensity from high to medium or low or a change of intensity from medium to low. The preceding improvements may not be permitted as of right if their approval would result in a substantial change in the overall impact or intent of the development order or violate a provision or condition of the development order, as determined by the Pplanning Ddirector. (2) Minor deviations to minor and major conditional use permits. Minor deviations to minor or major conditional use permits may be approved by the Pplanning Ddirector. Such modifications are limited to the following: a. Additional development that requires a deviation of up to ten percent 10% of one or more the following requirements as follows: 110 -28 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 1. Decrease in the - ramount of off - street parking pttt:stt&f4 to seetieti 11 4 6:7 et: �he_ 0 0 met 2. Decrease in the - ramount of loading /unloading spaces pttt:sttaat to seetion 11 4 3. Decrease in the - ramount of landscaping ptifstiant to seetieti 114 99 et: �he 0 p 0 4. Modification of the -Bbufferyard width and /or plantings 114 125 * —c4et tg h 114 130 of the appfe ee t s '* aAh i 0 0 stl 0 - 5. Modification to the -Aaccess configuration pttfs,,.,,,t to seetion 11 195 t>,, - ett g >, o o i mef 6. Increase in the - ramount of non - residential floor area ,tin the appt e , o o t=m t ,,,hi .heve,. i met estt: ; and /or 7_8-.- Decrease in the - ramount of open space pttfsttafit to seetions 130 157, 130 �t, e 6 Wiz b. Additional development that requires a deviation of up to five percent 5% of one or more the following requirements as follows: 1. Increase in the -Aamount of dwelling unitsptifstiatit to seetieti 130 15:7 of �he_ appfev ee nditional , o o , f i mef est t4 fi- ; and /or 2. Increase in the - ramount of transient dwelling units, including hotel - motel, recreational vehicle and /or institutional fe '�l dwelling units oet; 130 162 c. For approved commercial retail or restaurant uses only, additional development or redevelopment that requires a increase H of up to �rr 10 percent of the approved intensity in terms of trip generation. d. Adjustments to the development plan schedule or phasing plan. However, in no event may a minor deviation extend any final deadlines for completion as such an approval may only be granted in accordance with subsection (a). Development approved by a minor deviation shall be consistent with all policies and requirements of the Csomprehensive Pplan and this Land Development Code. 110 -29 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Concerning major conditional use permits appreves regardless of compliance with the preceding requirements, improvements or additional development may not be permitted as a minor deviation if such would result in a substantial change in the overall impact or intent of the development order or violate a provision or condition of the development order. F ^r ^ als gt:a by toe rl.,,,ni improvements or additional development may only be approved by the Planning Commission through a major deviation or an amendment to the major conditional use permit. Concerning minor conditional use permit regardless of compliance with the preceding requirements, improvements or additional development may not be permitted as a minor deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be approved by an amendment to the minor conditional use permit. If the development requiring the minor deviation meets the requirements, the Pplanning Ddirector may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the Csomprehensive Pplan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood. Requests for minor deviations shall be submitted to the Pplanning and Environmental Resources dDepartment on a form prescribed by the Pplanning D -director. Minor deviation approvals and denials shall be provided to the applicant in writing and are subject to administrative appeal to the Pplanning eCommission. (3) Major deviations to minor conditional use permits. Major deviations to minor conditional use permits may be approved by the Pplanning Ddirector. Such modifications are limited to the following: a. Additional development that requires a deviation of 44.411 to 20 percent of one or more the following requirements as follows: 1. Decrease in the - ramount of off - street parking pttfs,tant to seetion 1 67 of t4e- 2. Decrease in the - ramount of loading /unloading spacesptifstlant to seetieti 11 4 68 of tire appfev€d eenditional ttse pet=mit,, -`vac ie hevef is mefe festfiet i�z 3. Decrease in the - ramount of landscaping pttfs,tant to seetion "^ °° of toe 110 -30 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 4. Modification to the -Bbufferyard width and /or plantings W4 125 t4et 11 n 130 the appt : e ve d ee t se pefffli a"h i s stf 5. Modification to the -Aaccess configuration 114 1 99 � vnae appt ttse p 'ell t, , vcr iehey est etiye �xT'.1t1, 186 th .1 d 1 ��czcxr - vr� ° c �cl�scrccir��6�cEtt6 "ccrC�izcr'rtt6rmr =ctsc 6. Increase in the - ramount of non - residential floor area 130 164 o f th appfev eenditiona ttse p efmit , = vchiehe' o est,-;et4ve and /or 7_8-.- Decrease in the - ramount of open space pttfsttafit to seetions 130 157, 130 �t, e 6 Wiz b. Additional development that requires a deviation of six (66) to teir percent of one or more the following requirements as follows: 1. Increase in the -Aamount of dwelling unitsptifstiatit to seetieti 130 15:7 of �he_ appfev ee nditional , o o , f i mef es tt4 e1 i- ,o, and/or - 2. Increase in the - ramount of transient dwelling units, including hotel - motel, recreational vehicle and /or institutional fe '�l dwelling units oet; 130 162 c. For approved commercial retail or restaurant uses only, additional development or redevelopment that requires an deN of -4&_l 1 to 20 percent of the approved intensity in terms of trip generation. Development approved by a major deviation shall be consistent with all policies and requirements of the Csomprehensive Pplan and this Land Development Code. Regardless of compliance with the preceding requirements, improvements or additional development to a minor conditional use permit may not be permitted as a major deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be aproved by an amendment to the minor conditional use permit. If the development requiring the major deviation meets the requirements, the Pplanning Ddirector may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the comprehensive plan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood. 110 -31 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Requests for major deviations shall be submitted to the Pplanning and Environmental Resources D department on a form prescribed by the Pplanning Ddirector. Major deviations to minor conditional use permit approvals and denials shall be provided to the applicant in writing and are subject to administrative appeal to the Pplanning Csommission. (4) Major deviations to major conditional use permits. Major deviations to major conditional use permits shall be approved by the Pplanning Csommission. Such modifications are limited to the following: a. Additional development that requires a deviation of 44.411 to 20 percent of one or more the following requirements as follows: 1. Decrease in the - ramount of off - street parking 0 p mef 2. Decrease in the - ramount of loading /unloading spaces pttfsttant to seetion 11 4 3. Decrease in the - ramount of landscaping ptifstiant to seetieti 114 99 of �he 0 p mef 4. Decrease in the -4bufferyard width and /or plantings pttfsttant to seetions 114- � e 6 Wit 5. Access pursuant to S -section 114 -195 through 114 -199 or the approved conditional use permit, whichever is more restrictive; o o i mef 6. Increase in the - r of non - residential floor area 30 1 64 et: the approved by the major conditional use permit v,hiehevel: m�r° Wiz and /or 7_-8— Decrease in the - ramount of open space required pursuant to sections 130- 157, 130 -162 and 130 -164 or the approved major conditional use permit, whichever is more restrictive. b. Additional development that requires a deviation of six Ito +err percent of one or more the following requirements as follows: 1. Increase in the - ramount of dwelling units pttfs t^fi* to seetion 1 30 1 57 of too and /or 110 -32 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 2. Increase in the - ramount of transient dwelling units, including hotel - motel, recreational vehicle and /or institutional r� '�l dwelling units seetion 130 162. c. For approved commercial retail or restaurant uses only, additional development or redevelopment that requires an aeN of ttp to 10. 1 11 to 20 percent of the approved intensity in terms of trip generation. Development approved by a major deviation shall be consistent with all policies and requirements of the Csomprehensive Pplan and this Land Development Code. Regardless of compliance with the preceding requirements, improvements or additional development to a major conditional use permit may not be permitted as a major deviation if such would result in a substantial change in the overall impact or intent of the development order. Such improvements or additional development may only be approved by an amendment to the major conditional use permit. If the development requiring the major deviation meets the requirements, the Pplanning csommission may attach new conditions or adjust the original conditions as necessary to carry out the purposes of the Csomprehensive Pplan and Land Development Code and to prevent or minimize adverse effects on other properties in the neighborhood. Requests for major deviations shall be submitted to the Pplanning and Environemtnal Resources dDepartment on a form prescribed by the Pplanning Ddirector. Applications for Ao4major deviations to major conditional use permits shall be reviewed by the Ddevelopment R review Csommittee prior to the Pplanning Csommission public hearing. Major deviation to major conditional use permit approvals and denials shall be provided to the applicant in writing and are subject to appeal to a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the Pplanning Csommission. (5) Amendment to minor and major conditional use permits. Any adjustment, improvement or additional development that is not permitted as of right, as minor deviation, or as major deviation as set forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4) shall be processed as an amendment to a conditional use permit subject to the process and standards in accordance with seetion 110 74110-67 and Section 110 -70 (6) Rounding. When units or measurements determining the required standards in this section result in a fractional unit, any fraction less than one -half shall be disregarded and fractions ofw one -half or greater shall round to the next integer. 110 -33 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (7) Variances and waivers. Under no circumstances shall approval of a minor or major deviation to a conditional use permit negate any requirement to obtain a variance or waiver if the adjustments require such pursuant to this Land Development Code. If a variance or waiver is necessary to show compliance with any of the requirements set forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4), the variance or waiver shall be granted prior to the related minor or major deviation approval. (8) Timeframe. Deviations in accordance with this section may be approved during construction or after issuance of a certificate of occupancy. (d) Inspections after development. (1) Inspections by the Pplanning and Environmental Resources dDepartment. Following completion of the development of a conditional use permit, the Pplanning and Environmental Resources dDepartment shall review the development for compliance with the use as approved. If it is determined that the conditional use permit has been developed in accordance with the approval, then a certificate of occupancy shall be issued in accordance with -sSection 6 -145. If the 1!-planning Ddirector finds that the development, as completed, fails in any respect to comply with the use as approved, he or she shall immediately notify the Bhuilding Oofficial, the Pplanning Cc-ommission, the ref eettfity BOCC and the applicant of such fact. The Bhuilding Oefficial shall not issue a certificate of occupancy pursuant to sSection 6 -145 until the Pplanning Cc-ommission has acted on the Pplanning Ddirector's notification of noncompliance. (2) Action by the Pplanning Cc-ommission._Within 30 working days following notification by the Pplanning Ddirector, the Planning C c-ommission shall: a. Recommend that the finding of the Pplanning Ddirector be overruled; b. Recommend to the applicant modifications in the development to bring it into accord with the terms and provisions of the final site plan approval and the conditional use permit; or c. Revoke the conditional use permit, as well as all prior approvals and related or resulting permits. (3) Appeal before hearing officer. The holder of a conditional use permit approval aggrieved by the decision of the Pplanning Ddirector pursuant to subsection (b) of this section may request an appeal before a hearing officer under chapter 102, article VI, division 2 by filing the notice required by that article within 30 days of the date of the written decision of the Pplanning Ddirector. Sec. 110 -74. . Reserved. 110 -34 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 110 -75. Reserved. .�� .� i• ��ses�s s��fes�s�rss:.*ese�es:res�e�.. .rsi�r�ss� v 3 -v Sec. 110 -76. Developments of r-Regional Hmpact and dDevelopment -aAgreements. Notwithstanding anything contained in this article or elsewhere in this the --Eel Lland Ddevelopment Coder°g� when a conditional use is also a Ddevelopment of R regional Iimpact or is to be the subject of a Ddevelopment A -agreement under the Florida Local Government Development Agreement Act (F.S. §— sSection 163.3220 et seq.) the final development approval, and the approval of any deviations therefrom, shall be reserved to the beard of , . ,, tta , eemm i ss i on et:sBOCC as provided by general law_ ,44 r t 4ght of appeal to the Secs. 110 -77- 110 -95. Reserved. 110 -35 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE IV. PLAT APPROVAL Sec. 110 -96. Plat &Approval and (Recording (Required. (a) Except as provided in subsections (b) and (c) of this section, plat approval shall be required for: (1) The division of a parcel of and into three or more parcels of land (2) The division of a parcel of land into two e� parcels of land where the land involved in the division was previously divided without plat approval Vrs; or (3) The division of a parcel of land into two parcels of land where the disclosure statement required under subsection (f) of this section is not attached to the conveyance. f r too lot e t o e nst )Pos (be) No plat approval is required if the subdivision involved consists only of the dedication of a road, highway, street, alley or easement and the air°e*er of pl.,,,ning Planning Director finds that it is not necessary that a plat be recorded. In lieu of recording a plat, the dedication shall be required by deed and shall be subject to compliance with the submission of a grading, paving and drainage plan which will meet the requirements of these regulations and the posting of an improvement guarantee or bond as required under sSection 110 -100 before the acceptance of the dedication by the BOCC (cd) No plat of any subdivision shall be entitled to be recorded in the office of the Celerk of the Cc-ircuit Cc-ourt until it shall have been approved by the befflfd A-z- eettfity BOCC in the manner prescribed herein and certified by the clerk. (de) If a plat has been previously approved and recorded, technical or minor changes to the plat may be approved by toe air°e*er of plane through a lot line adjustment pursuant to �SectionI10 -110, or if the changes meet the requirements of s. 177.141, Florida Statutes All other changes shall be considered a replat in accordance with the provisions of this article. (efl The conveyance of land that involves the division of the land into two parcels where plat approval is not obtained pursuant to this article shall include the following disclosure statement: "The parcel of land described in this instrument is located in the unincorporated areas of the county. The use of the parcel of land is subject to and restricted by the goals, objectives, and policies and objeetives of the Monroe County Comprehensive Plan and the Land Development Code. 110 -36 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Gettaty Gemprehefisive Plan. The land development regulations provide that no building permit shall be issued for any development of any kind unless the proposed development complies with each and every requirement of the regulations, including minimum area and density requirements for residential development. You are hereby notified that under the Monroe County Land Development Regttlatieiis Code the division of land into parcels of land which are not approved as platted lots under the regulations confers no right to develop a parcel of land for any purpose." Sec. 110 -97. General sStandards for pPlat -aApproval. (a) N pt:e ,,,;,,.,, er final plat shall be approved unless the plat is consistent with the purposes, goals and objectives of the Comprehensive pPlan, this Land Development Code applicable provisions of state law, the provisions governing the development of land set forth in chapter 130, and the procedures set forth in this article. (b) In those areas where the Florida Keys Aqueduct Authority (FKAA) certifies that it can furnish an adequate supply of water to the property to be platted, water distribution systems shall be provided and constructed and shall become the property of the ^ ,,,, °a,,,.* ^ tAef t-y KAA and shall be maintained and operated by the at FKAA in accordance with its water main extension policy. (c) Sewers, sewage treatment plants, and septic systems shall meet all requirements of the applicable county municipal service district, or any successor thereto, the Florida Department of Environmental Protection, and the Florida Department of Health. (d) No plat shall be approved which creates an unbuildable lot under the provisions of this ehapter-Land Development Code and /or exceeds the maximum density of the future land use category or the land use district, whichever is less, „except for wetland areas, which may be included in a plat as conservation (e) No plat shall be approved unless it is prepared by a land surveyor licensed in the state. (f) Lands within the IS, IS -M, IS -V, IS -D, URM, URM -L and CFV districts shall not be platted, replatted or otherwise reconfigured in any manner that would allow the number of proposed lots or units to exceed the number of parcels that lawfully existed as of September 15, 1986. (g) All open spaces required for a tract of land shall be preserved as dedicated open space for each individual habitat type through the use of a conservation easement or a similar legal instrument. h Blocks. 110 -37 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) The length, width and shape of each block shall be determined with due regard to: a. Provision of adequate building sites suitable to the special needs of the type of use contemplated, b. Regulations as to lot sizes and dimensions, c. Need for convenient access, circulation, control and safety of street traffic, and d. Limitations and opportunities of topography. (2) Block lengths shall not exceed 1,320 feet, unless topographic or other features dictate otherwise, nor be less than 400 feet. Block width shall be no less than 200 feet except for single row or reverse frontage blocks. (3) Pedestrian crosswalks, not less than six feet wide in land use (zoning) districts oriented to residential use, and not less than 12 feet wide in land use (zoning) districts oriented to nonresidential use, shall be required where deemed essential by the Planning Director and /or County Engineer to provide circulation or access to schools, playgrounds, shopping centers, transportation and other community facilities. i Lots. (1) The lot size, width, depth, shape and orientation, and the minimum setbacks shall be appropriate for the location of the subdivision and for the type of development and use contemplated in accordance with the Comprehensive Plan and this Land Development Code. (2) Lot dimensions shall conform to the following: a. Residential lots, where not serviced by public or private sewer systems, shall be sufficient to accommodate a on -site treatment and disposal system and drain field meeting standards determined by the county health department. b. Depth and width of lots reserved or laid out for nonresidential uses shall be adequate to provide for the off - street service and parking facilities required by the type of use and development contemplated. (3) Corner lots for residential use shall have a primary and secondary front yard in accordance with Section 131 -1. (4) Side lot lines shall be substantially at ri_hg t angles or radial to road lines, where possible. 110 -38 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Roads. (1) The arrangement, character, extent, width, grade and location of all roads shall conform to all the county plans and shall be considered in relation to existing and planned streets, topographical conditions, public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such roads. (2) Right -of -way shall be provided and dedicated to the public in accordance with the following: a. State roads: as determined by the Florida Department of Transportation, b. County roads: 50 feet, with 25 feet on either side of centerline. (3) Roads shall be located to provide access to all adjoining land at intervals of not more than one - quarter mile (1,320 feet) unless blocked by a natural obstacle. Access to all adjoining property must be provided by the developer at his expense if any of the developer's actions block natural or existing access. (4) Names of subdivisions and roads previously used in the county shall not be given to new subdivisions and roads. Roads that form extensions, or are located along the general projections of existing roads, shall be named after the existing roads. (5) Street markers and traffic- control signs shall be installed at the expense of the developer in accordance with the county's typical standard construction details. (6) The arrangement of roads in a subdivision shall either: a. Provide for the continuance or appropriate projection of existing principal roads in surrounding areas, or b. Conform to a plan for the neighborhood to meet a particular situation where topographical or other conditions make continuance or conformance to existin roads impracticable. (7) Minor roads shall be laid out to discourage their use by through traffic. (8) Where a subdivision abuts or contains existing or proposed arterial roads, the county engineer may require marginal- access roads, reverse frontage with screen planting contained in a non - access reservation along the rear property line, deep lots with rear service alleys, or such other treatment as may be necessary for adequate protection of residential properties and to afford separation of through and local traffic. (9) Reserve strips controlling access to roads shall be prohibited except where their control is placed under the county, with conditions approved by the county engineer. 110 -39 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 10) Roads with centerline offsets of less than 125 feet at Doints of intersection with other roads shall be avoided where Possible. (11) A tangent of at least 100 feet shall be introduced between reverse curves on arterial and collector roads if required by the county engineering department. (12) When connecting road lines deflect from each other at any one point by more than ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight distance of not less than 300 feet for minor and collector streets. (13) Roads shall be laid out so as to intersect as nearly as possible at right angles, and no road shall intersect any other street at less than 80 degrees. (14) Property lines at road intersections shall be rounded with a minimum radius of 25 feet, or a greater radius where the county engineer may deem it necessary. The county engineer may _permit comparable cutoffs or chords in place of rounded corners. (15) Half -roads shall be prohibited, except where essential to the reasonable development of the subdivision in conformity with this Land Development Code, and where the county engineer finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided. Wherever a half -road is adjacent to a tract to be subdivided. the other half of the road shall be Dlatted within such tract. (16) Dead -end roads, designed to be so permanently, shall be provided at the closed end with a turnaround having an outside roadway diameter of at least 70 feet, and a road property line diameter of at least 100 feet, or may be provided with a "T" type turnaround as may be approved per "Standard Specifications and Details of Monroe County" by the county. (17) Road grades, including g bridge abrill_ ge a proaches, shall not exceed six percent and shall include properly designed vertical curves. (18) Paved roads shall be paved at least 20 feet wide on a minimum base width of 22 feet and a minimum subgrade width of 24 feet, all as required in the county's typical standard construction details. (19) Stabilized shoulders seven feet wide shall be provided for public parking and safety alongside roads and streets. (20) The minimum crown elevation of all roads in the county shall be plus 4.0 msl. 21 The developer, at his expense, shall install road name signs at each intersection of the subdivision, including entrance roads, of durable and sound construction in accordance with Standard Specifications and Details of Monroe County. 110 -40 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Easements. (1) Except as provided in subsection (i)(2) this section, easements for drainage and utilities shall be provided along lot lines of no less than six feet on both sides of the lot lines thus creating easements a minimum of 12 feet wide along the lot lines. (2) Easements for waterlines provided by the Florida Keys Aqueduct Authority shall be provided along the front lot line within the public right -of -way, and shall be of sufficient size to Drovide access for maintenance and repair and at least 12 feet wide. (3) Where a subdivision is traversed by a watercourse, drainagewU or channel, there shall be provided a stormwater easement or drainage right -of -way conforming conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose. Parallel roads may be required in connection therewith. Maintenance easements of 15 feet shall be required along drainage canals. (1) Public sites and open spaces. Where a proposed park, playground, school or other public use shown is located in whole or in part in a subdivision, the BOCC may require the dedication or reservation of such area within the subdivision. m) Monuments. (1) Concrete monuments four inches in diameter or four inches square and not less than two feet long, with a flat top, shall be set at all corners, at all points where the street lines intersect the exterior boundaries of the subdivision, and at angle points and points of curve in each road. The top of the monument shall have an indented cross to properly identify the location and shall be set flush with the finished grade. All other lot corners shall be marked with iron DiDes not less than three- inch in diameter and 18 inches long and driven so as to be flush with the finished grade. (n) No plat shall be approved unless it includes the following notice: "NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED INDIVIDUALS Purchase of a platted lot shown hereon confers no right to build any structure on such lot, or to use the lot for any particular purpose, or to develop the lot. The development or use of each lot is subject to, and restricted by, the _goals, objectives, and policies of the adopted Comprehensive Plan (plan) and Land Development Code implementing the plan, therefore, no building plan, therefore, no building permits shall be issued by the County unless the proposed development complies with the Csomprehensive Plan and the Land Development Code." 110 -41 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 110 -98. Preliminary plat approval. (a) Generally. applicants for approval of a plat involving five or more lots may submit a preliminary plat for approval in accordance with the provisions of this section. (b) Application. If an applicant elects to submit a preliminary plat, a -An application for preliminary approval shall be submitted to the pla-Riiiff,— dece Director in accordance with the provisions of this section, accompanied by a nonrefundable fee as established from time to time by the BOCC . The application shall contain the information required on a form provided by the Pplanning Ddirector. (c) Staff review. After a determination that the application for preliminary plat approval is complete under the provisions of -sSection 110 -4, the planning air°^*^rPlanning Director shall submit the application to the development r° n+4 -t °DRC which shall prepare a recommendation and report for the Planning C sommission. (d) Public hearing and action by the plannint-Plannin Commission The planning Planning Commission shall conduct a public hearing on an application for preliminary plat approval of a subdivision involving five or more lots, in accordance with the requirements of -iSections 110 -6 and 110 -7. The Commission shall review such applications, the recommendation of the development ev ict ,, eemmi**°°DRC and the testimony at the public hearing, and shall recommend granting preliminary plat approval, granting approval subject to specified conditions, or denying the application at its next meeting following submittal of the report and recommendation of the development review committee. (e) Effect of approval of preliminary plat._Approval of a preliminary plat shall not constitute approval of a final plat or permission to proceed with development. Such approval shall constitute only authorization to proceed with the preparation of such documents as are required by the Pplanning Ddirector for a final plat. (f) Limitation on approval of preliminary plat. application for final plat approval shall be filed within one year of the date of preliminary plat approval. Unless an extension is granted by the BOCC failure to file such an application automatically shall render null and void the preliminary approval previously granted by the board. Sec. 110 -99. Final PPlat -aApproval. (a) Generally. All applicants for approval of a plat shall submit a final plat for approval in accordance with the provisions of this section. (b) Application. It shall be the responsibility of the developer to complete, have in final form, and submit to the Pplanning Ddirector for final processing the final plat, along with all final construction plans, required documents, exhibits, legal instruments to guarantee performance, certificates properly executed by all required agencies and parties as required in this article 110 -42 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update and in Florida Statutes and the recording fee, and any other documents or information as are required by the Pplanning Ddirector. After receipt of a complete application for final plat approval, as determined in accordance with Section 110 -4, the Pplanning Ddirector shall submit the application and accompanying documents to the Ddevelopment R feview Csommittee. (c) Review and action by Ddevelopment (Review Csommittee. The Ddevelopment Rfeview Csommittee (DRO shall review all applications for final plat approval. (1) If the settee -DRC determines that a final plat for a subdivision involving fewer than five lots conforms to the substantive and procedural requirements of this ehapte+Land Development Code after considering the comments of the zemmittee DRC, the Planning Director shall approve the final plat or approve it with conditions at its 14e�i Such fi nal plats that are approved by the settee - Planning Director shall be placed on the eoffwPA bulk aproval agenda of the next regularly scheduled meeting of the BOCCbeaFd of eo ssioi4efsm unless the aplicant desires a later meeting, and shall become final unless removed from the t —bulk approval agenda by the affirmative vote of three members of the boaF BOCC If a final plat is removed from the eoffwPA-bulk aproval agenda, the boaF BOCC shall not modify or reject the decision of the settee - Planning Director unless the BOCC finds that the record does not contain competent substantial evidence to support approval. If the eemmrttee— Planning Director denies final plat approval, the applicant may appeal such denial to the boaF BOCC which shall consider the application and any additional testimony submitted by the applicant and other persons and shall approve the final plat, approve it with conditions, or deny final plat approval. (2) For a final plat for a subdivision involving five or more lots, if following DRC review, the Planning Director determines that the plat conforms to the appfoN pfelimina f , plat and substantive and procedural requirements of this Land Development Cod feeeipt of a eefrlete applieatie� the DRC development fevi mittee shall recommend to the Pplanning Csommission approval of the final plat or approval with conditions. If the seee- Planning Director finds that the plat does not substantially conform to the substantive and procedural requirements of this Land Development Code the eemmrttee— Planning Director shall recommend denial, specifying the area of nonconformity. (d) Review and action by the Pplanning Csommission . review all applications for final plat approval invc recommendation of the - DRC finds that the final plat conforms to the procedural requirements of this Land Development Planning Commission shall recommend to the bom The Pplanning Csommission shall ilving five or more lots and the wee If the Olanning C ommission °l;,,,;,,.,,z, plat and substantive and Cod.- ehaptef ra eommi the d o eeimir'rss'reaefsB 110 -43 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update approval of the final plat, or approval with specified conditions : findings i aeeet :dafiee v� ,44 seet o 110 7. (e) Public hearing by the beard of eettaty °rsBOCC The beard of e mty BOCC shall conduct a public hearing on all applications for final plat approval involving five or more lots in accordance with the procedures of -sSection 110 -6(c). (f) Action by the beard of eettaty °rsBOCC all applications for plat approval, involving five or more lots the BOCC shall review the application, the recommendations of the DRC r° 4e -e and the planfiiffg-Plannin& eemmis-s Commission , and the testimony at the public hearing, and shall grant final plat approval, grant approval subject to specified conditions, or deny the application, in accordance with the provisions of -sSection 110 -7. Sec. 110 -100. Improvement #Guarantees. (a) Generally._An improvement guarantee to guarantee installation of all improvements required by this chapter or as a condition of approval shall be required as part of final plat approval in a form and amount approved by the Pplanning Cc-ommission and the Cc-ounty A -attorney. (b) Guarantee amount. The amount of the improvement guarantee shall cover all construction costs, the owner's engineering and platting costs, the county's engineering and inspection costs, and preacceptance maintenance costs. The costs may be reviewed periodically for accuracy and are subject to adjustment upward or downward by the Planning Director difeetef of based on existing economic conditions at the time of review and on the recommendation of the DRC development ev ict ,, eemmittee The estimated cost of the water distribution network and main extensions shall be determined by the Florida Keys Aqueduct Authority after review and approval of the water distribution system. The cost may be estimated by the developer's engineer, but in such event shall be subject to review, revision if necessary, and approval by the FKAA. The guarantee shall be in the following minimum amounts unless the owner can show that certain of the costs have already been paid: (1) The construction cost: a. 130% of the estimated construction cost approved by the county engineer' de- a-ment o f ptt bl ^ ^r' ; or b O h,,adt: °a ten petvef * 110% of a binding contract with a contractor qualified for the proposed work; (2) The owner's engineering and platting cost: at a cost verified by the engineer and surveyor; 110 -44 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (3) The county engineering and inspection costs: based on an estimate by the county engineer of costs to be incurred; (4) The pre-acceptance maintenance cost: ten percent of the construction cost; and (5) The damage and nuisance guarantee: five percent of the construction cost. (c) Forms. One of the following forms of guarantee shall be submitted to the beat:d of t-Y BOCC as part of an application for final plat approval. (1) Cash escrow. a. Establishing account. An escrow account in the amount required shall be established with a federally insured financial institution (hereinafter referred to as the escrowee) in a form that meets the approval of the Csounty A- attorney. The account shall be administered by the escrowee in accordance with the provisions of the escrow agreement to be negotiated by the county and the owner, developer and /or subdivider and approved by the Csounty A -attorney. Such agreement shall contain provisions for specific application of such funds; partial contract payouts; contract retention percentages until complete; proration of reduction of deposit excess; final escrow settlement; and other pertinent administrative matters as may be required. b. Fund disbursement. The escrowee shall disburse funds from time to time for the purposes provided upon presentation of, and in accordance with, payouts ordered issued by the owner's engineer and approved by the county en_ig neer r4li ,,,,,fl Such disbursements shall not be subject to approval or disapproval by the owner or escrowee or their agents other than the owner's engineer; however, for accounting purposes, the county shall send to the owner a copy of the approved engineer's estimate for payment at the time of county approval. Each payout order shall be accompanied by all appropriate sworn statements, affidavits and supporting waivers of lien in full compliance with state law. c. Excess fund balance. If, at any time, the county engineer shall notify the escrowee in writing that the balance of funds then remaining undisbursed under the escrow account is more than sufficient to cover the cost of construction fees and maintenance hereinabove provided, and the notice shall specify the reduced balance then deemed sufficient, and if the escrowee shall concur in such determination, the escrowee shall pay over to the owner any excess of funds over such reduced balance then remaining undisbursed under the escrow account. (2) Letter of credit. The subdivider or owner may file a straight commercial letter of credit from any financial institution acceptable to the d of eettaty eeffifflissieli BOCC in a form acceptable to the Csounty A- attorney. The letter of credit must provide that the issuing financial institutions will pay to the county, or as the county directs, such amounts as may be required to complete the improvements according to the 110 -45 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update approved specifications. The letter of credit shall provide that its amount will be reduced from time to time as payments for improvements approved by the county en_ig neer are made. The letter of credit shall be irrevocable for at least 36 months from the date of final plat approval and must provide that if any balance remains at the expiration of any time limit placed on it, the balance shall be deposited with the county in a cash escrow, a new letter of credit in the amount of the unpaid balance shall be issued, or a surety bond, as prescribed in subsection (c)(3) of this section, shall be provided. The letter of credit shall also provide that ten percent of the amount shall be retained until the county en_ig neer dreetet: of t4e depat4mefit of ks and the air°e*er of p Elanning Director have approved the improvements required. (3) Surety bond. a. Form. The bond shall be in a form and with a bonding company approved by the eCounty Aattorney. b. Time limit. The bond shall be payable to the county and enforceable on or beyond a date 36 months from the date of final plat approval. Release of any bond shall be conditioned on final approval and acceptance of the improvements by the county. (d) Insufficient fund balance. If, at any time before the construction of all required improvements has been completed, the balance of funds remaining undisbursed under the escrow account or letter of credit is not sufficient, in the judgment of the air°e*er of rl.,,,ni Planning Director to cover the cost of construction of the improvements and all engineering costs, including the engineering and inspection fees of the county, or if by reason of any order, decree or writ of any court, or for any other reason the funds in the escrow account are insufficient, the undisbursed balance of funds shall be withheld, shall not be diminished and shall be unavailable for the purposes provided herein, unless the owner increases the balance to such amount as shall be required by the county for such purposes, in the exercise of its judgment, or shall provide such other guarantee of performance as may be required by the county. (e) Time limit. _All guarantees shall provide that if required improvements are not installed (i.e., construction completed) within two years after approval of the final plat, the BOCC may deem the subdivider in default and proceed in accordance with the provisions of subsection (f) of this section. (f) Default. - In the event the Planning Director determines that the owner has failed to install proposed improvements in accordance with the approved plans and specifications or has failed to comply with the terms of the guarantees hereinabove set forth, the- Planning Directorair°^* ^r of planning in consultation with the Csounty Aattorney, may take one or both of the following actions: 110 -46 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Cash escrow and letter of credit. Advise the owner, in writing, of the failure, giving the owner 30 days to cure such default. If the owner fails to cure the default, the der of Planning Director may recommend to the eemalission BOCC that it declare the owner in default and, upon written notification to the escrowee of such declaration of default, all moneys on deposit pursuant to the escrow agreement or letter of credit shall and may be disbursed by escrowee solely upon authorization of th Planning Director and the escrowee shall be released by the owner as to such payment; or (2) Surety bond. Inform the bonding company in writing of default by the owner and request that it take necessary actions to complete the required improvements. Sec. 110 -101. Pre -aAcceptance mMaintenance of pPublic Hmprovements. Until public improvements have been accepted by the BOCC the applicant /developer shall be responsible for the maintenance of such improvements. A maintenance bond or letter of credit in the amount of ten percent of the construction cost of the improvements shall be maintained in a form acceptable to the Csounty A -attorney until acceptance of the public improvement. Sec. 110 -102. Damage and nNuisance gGuarantee. The guarantee of completion of public improvements to be executed prior to recording of a final plat of subdivision also shall provide for repair of damages and abatement of nuisances with respect to existing and subsequently installed streets, sidewalks, curbs and gutters, parkways, culverts, catch _basins, and /or storm sewers for a period of 24 months after acceptance of the improvement by the BOCC Sec. 110 -103. Acceptance of pPublic ilmprovements. If any plat of subdivision contains public streets, easements or other public improvements that are dedicated thereon as such, the acceptance of public improvements shall be made only by the adoption of a resolution by the BOCC after there has been filed with the county a certification by the air°e*er of planning Planning Director stating that all, or individual, public improvements required to be constructed or installed have been fully completed, and that the construction or installation thereof has been inspected by and approved by him /her or his /her designated representative as being in conformity with the standards of the Comprehensive Plan The applicant /developer shall be required to provide a certified as -built survey of any public improvements to be dedicated to the public prior to acceptance by the BOCC. Sec. 110 -104. Limitations as to c-County ffrMaintenance. Nothing in this article shall be construed to mean that the beat:d of lsiefi°rsBOCC shall take over for county maintenance any road, street, alley, public parking or other public area, 110 -47 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update or drainage facility related thereto, except those improvements designed and built in accordance with the county's standards and requirements and accepted pursuant to *Section 110 -103 or taken over for county maintenance by other specific action of the BOCC Nothing in this at4iele Land Development Code shall be construed to obligate the county to drain any land, except that which lies in the public rights -of -way and drainage easements. Sec. 110 -105. Maintenance of pPrivate Hmprovements. If any plat of subdivision contains streets, easements or other improvements to be retained for private use, the final plat for recordation shall indicate to the satisfaction of the a; planning Planning Director and the Csounty A- attorney the method or entity by which maintenance of the private improvements shall be performed. Sec. 110 -106. Recording of €Final pPlat. Upon approval or approval with conditions, the applicant shall record the final plat in the office of the Cc-lerk of the Csircuit Cc-ourt of the county and a copy of the recorded plat shall be provided to the dit:eetet: of Planning Director Such recording shall be completed within 90 days of approval of the final plat, or such approval shall be deemed null and void. Sec. 110 -107. Variances to r-Required *Subdivision ilmprovements. Where the BOCC finds that exceptional hardship may result from strict compliance with the provisions of the plan regarding street design standards, bikeways, drainage standards, easements, permanent markers, sewage and electricity utilities (excluding electricity over which the Public Services Commission of the State of Florida exercises jurisdiction) public sites and excavations within dedicated public rights -of -way, the befft:d -ef eettaty BOCC on the recommendations of the Planning Director and the Pplanning Cc-ommission, may grant variances to the regulations herein; however, in no event shall a variance be granted for more than the minimum necessary to overcome the hardship, or where the variance would create a condition in violation of the specific provisions for that land use (zoning) district, or reduce the traffic capacity of adjacent streets, or otherwise violate the intent of this Land Development Code In no event shall a variance be granted which would violate the environmental standards in Cshapter 118. Any applicant requiring a variance shall state clearly in the original application for plat approval the variance required, and any variances granted shall be clearly delineated as such on the approved and recorded plat. Sec. 110 -108. Vacation. The vacation of any plat or portion thereof shall be accomplished in the same manner as for approval of the plat. Sec. 110 -109. Replat 110 -48 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update An changes to amendment 4 a recorded final plat or portion thereof shall be accomplished by a replat and approved in the same manner as for approval of the plat unless the changes meet the requirements of Sec. 110- 96(d) Sec. 110 -110. Lot Line Adiustment. (a) A lot line adjustment may be aplied for lots in a platted subdivision, provided that each lot is a duly recorded lot as shown on a plat approved by the County. (b) The resulting lots configured in the lot line adjustment process must meet the minimum requirements for a building _ site pursuant to the Land Development Code and Comprehensive pursuant to the Land Development Code and Comprehensive Plan. All resulting lots will conform to the site development standards of the aplicable zoning district. c) A lot line adjustment annroval will not result in the creation of additional lots or buildi sites, nor result in the encroachment into any public easement, right -of -way, or other required areas. (d) Parcels that have frontage on a county or state road must continue to have such frontage and access after the adjustment. Each resulting lot must have legal access, utilities (if available), water, sewer and storm drainage. (e) The information submitted must have adequate detail so as to permit Planning and Environmental Resources Department staff a determination that the resulting lots will meet the requirements of a building site. (f) Applicant shall submit a written consent from all property owners. Sec. 110 -111. Lot Line Adiustment Procedures (a) Pre - Application meeting with Planning and Environmental Resources Department staff to identify issues that need to be considered in the process. (b) Upon receipt of the submittal requirements, the Planning and Environmental Resources Department shall determine if the application is complete. The Planning and Environmental Resources Department may request any additional information, as deemed necessary, before the application is deemed complete. Staff will notify the applicant of any missing information or deficiencies in the application. The Application and required documents will be reviewed by the Planning and Environmental Resources Department staff for compliance with the Land Development Code, Comprehensive Plan and legal requirements. (c) The Planning and Environmental Resources Department will issue a decision to approve or deny the application. Once approved, staff will notify the applicant to prepare final recording documents. 110 -49 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (d) Once approved, a lot line adjustment does not become effective until recorded in the public records of Monroe County, Florida: (e) Applicant shall submit a written consent from all property owners. Both affected property owners shall be applicants for the lot line adjustment. Secs. 110 - 1124-110 -131. Reserved. ARTICLE V. DEVELOPMENT AGREEMENT AUTHORIZATION Sec. 110 -132. Purpose and iIntent. The purpose of this article is to allow the county to enter into development agreements that meet the requirements of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220 -- 163.3243. The development agreement provides assurance to a developer that upon receipt of his permits under the county's Comprehensive Plan and L land Ddevelopment Code the or she may proceed in accordance with existing ordinances and regulations, subject to the conditions of the development agreement. This article will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development. A development agreement is in addition to all other local development permits or approvals required by the county land development regulations. A development agreement does not relieve the developer of the necessity of complying with all county Comprehensive Plan elements and L land Ddevelopment Code fegt a4ei+ in effect on the date that the agreement is executed. Sec. 110 -133. Development A *greement A .&pproval Eprocedures. (a) The d of eettaty eema4s-s�BOCC shall have authority to enter into a development agreement by resolution with any person having a legal or equitable interest in real property located within the unincorporated areas of the county if: (1) The development agreement meets all of the requirements of the Florida Local Government Development Agreement Act, F.S. §§ 163.3220 163.3243; provided, however, that the duration of the development agreement shall not exceed thirty (30 years, and any duration specified in a development agreement shall supersede any conflicting duration otherwise specified in this chapter; (2) The development was initially approved pursuant to a development order issued prior to the effective date of the ordinance from which this article is derived or is proposed by another governmental entity; 110 -50 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (3) The development agreement shall be considered at two public hearings with the first public hearing conducted by the pPlanning sCommission, and approved by the ref eettfity BOCC at the second public hearing, or thereafter; (4 -5) Notice of such public hearings shall be given in accordance with both F.S. § 163.3225, and sSections 110 -5 and > !Q 5(d) amended (5) Submission of an aplication for development agreement, in a form specified by the Planning Director and accompanied by a nonrefundable fee. (b) Requirements of a development agreement. (1) A development agreement shall include the following a. A legal description of the land subject to the agreement, and the names of its legal and equitable owners, b. The duration of the agreement, c. The development uses permitted on the land, including �population densities, and building intensities and height, d. A description of public facilities that will service the development, including who shall provide such facilities, the date any new facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development, e. A description of any reservation or dedication of land for public purposes; f. A description of all local development permits approved or needed to be aproved for the development of the land, g. A finding that the development permitted or proposed is consistent with the local government's comprehensive plan and land development regulations, h. A description of any conditions, terms, restrictions, or other requirements determined to be necessary by the local government for the public health, safety, or welfare of its citizens, and i. A statement indicating that the failure of the agreement to address a particular permit, condition, term, or restriction shall not relieve the developer of the necessity of complying with the new law governing g said permitting requirements, conditions, term, or restriction. 110 -51 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) The development agreement may provide that the entire development or any phase thereof be commenced or completed within a specific period of time. (c) Periodic review of a development agreement. The County shall review land subject to a development agreement at least once every 12 months to determine if there has been demonstrated good faith compliance with the terms of the development agreement. If the County finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of the development agreement, the agreement may be revoked or modified by the County_ (d) Recording and effectiveness of a development agreement. Within 14 days after the County enters into a development agreement, the County shall record the agreement with the clerk of the circuit court. A development agreement is not effective until it is properly recorded in the public records of the County. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties of the agreement. (e) Modification or revocation of a development agreement to comply with subsequently enacted state and federal law. If state or federal laws are enacted after the execution of a development agreement which are applicable to and preclude the parties' compliance with the terms of a development agreement, such agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. (f�) This article is not intended to amend or repeal any existing county ordinance or regulation. To the extent of any conflict between this article and other county ordinances or regulations, the more restrictive is deemed to be controlling. Secs. 110 - 134 -110 -139. Reserved. ARTICLE VI. BUILDING PERMITS Sec. 110 -140. Building PPermit Rr-equired. A building permit is required prior to the following: LaL{4}Any work specified in Cc-hapter 6 of the Monroe County Code of Ordinances �hhq}Any change in the land use intensity, density, or use of land authorized as a permitted as -of -right use under this Land Development Code LcLO}Any change in the use of land or structure from a permitted as -of -right use within a land use district to another listed permitted as -of -right use; and 110 -52 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update LLO+Any development authorized by conditional use approval. Sec. 110 -141. Permits and Letters of Cc-oordination. Prior to submittal of a building permit application to the Bhuilding Ddepartment, the following d- letters of coordination are required as determined by the Bhuilding Oefficial: ( Teehfiieal €vievv eoefdination lettef ffem t4e U.S. n and Wildlife Sen LaL{�Florida Department of Health and Department of Environmental Protection appropriate agency having jurisdiction) per- letters of coordination for wastewater facilities; and Applicable water provider, wastewater provider, public utilities or private utility provider. Fl^ria^ Keys Eleetfie Goopef^ti ° ^mss Rffefgy . Sec. 110 -142. Reserved. Felview. Pfiefte s4mittal of an ap plieation f r a i.,,;l. if r ig a vnr_n of Nvnr_n and ehaptef 13. The planning dife-1— 15 wofkifig days if the bttildifig se�- befefe it ean be aeeepted and pfeeessed. if an evaittation of an NE! and site Plan N days. The eomplianee detefmination of the planning difeetof shall be in 11.44. I D eiidlines for- submission of building permit iipplieiifions to be entered into the r-esidentin! nnd nonr-esidentin! permit n1loention systems. ROGO of NRO OWN Sec. 110 -144. Unlawful lLand ttUses. The term unlawful land use, as used in this section, means any land use that has not received a permit or other official approval from the Ddivision of Ge-rowth Management and cannot be 110 -53 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update approved on a given site pursuant to the permitted uses set forth in chapter 130, article III of this Land Development Code and /or policies related to permitted land uses in the Comprehensive Plan. (a) Building permit application improving a known, unlawful land use. The Pplanning and Eenvironmental R resources Ddepartment shall not approve any building permit application for an improvement to a structure with a known, unlawful land use until the unlawful land use is either a) permitted in accordance with the Land Development Code or b) eliminated. (b) Building permit application not related to a known, unlawful land use. The Pplanning and Eenvironmental Rfesources Ddepartment may approve a building permit application on a site with a known, unlawful land use if it is determined that the scope of work would not improve or facilitate the unlawful land use. In the event of such an approval, the county shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution. (c) Building permit application improving a known, unlawful land use addressing public health and safety. Building permit applications that are limited exclusively to addressing imminent risks to public health and safety may be approved under any circumstance. By way of illustration and not limitation, building permit applications may be approved for repairs and /or replacement of roofs, other building structural components, plumbing and /or electric - however only to the extent necessary to address imminent risks to public safety and health as determined by the Pplanning Ddirector, in consultation with the Bhuilding Oefficial, Csounty Lengineer and /or H ire M marshal to determine the allowable extent of such improvements. In the event of such an approval, the county shall place a notation on the permit that the approval does not condone or approve the unlawful land use and inform the applicant that the property owner is subject to possible code compliance prosecution. (d) Nonconforming use. Building permits applications may be approved for lawful, nonconforming uses in accordance with Section 102 -56. 110 -54 Keith and Schnars, P.A. Land Development Code: Sept 2015