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Item B1 Chapter 130Monroe County Comprehensive Plan Update Chapter 130 LAND USE DISTRICTS ARTICLE L IN GENERAL Sec. 130 -1. Purpose. In order to ensure that all development is consistent with the objectives and policies of this ehapte+ Development Code it is necessary and proper to establish a series of land use districts to ensure that each permitted use is consistent with the environmental sensitivity of natural resources, is served by adequate public facilities, and is compatible with surrounding land uses. Each district establishes use and bulk regulations that control the use of land in each district consistent with this Land Development Code All development within each land use district shall be consistent with the purposes stated for that land use district in this chapter. Sec. 130 -2. Land ttUse dDistricts eEstablished. In order to carry out and implement the goals and objectives of the Comprehensive pPlan, the following land use (zoning) districts are hereby established: (1) Airport District (AD�rr (2) Commercial 1 District (C1). rr,-1, Fes ent l di et (UR) (3) Commercial 2 District (C2). (4) Conservation District (CD). (5) Commercial Fishing Area District (CFA).S4b ,�,,,,,,,o, ��� (6) Commercial Fishing Special Districts (CFSD).c44,,,.1 --- ,.os;a l di et (SR) (7) Commercial Fishing Village District (CFV).Sttb ,4 a - ,- es a;st,.i (li (S L) (8) Destination Resort District (DR). (9) Industrial District (I). (10) Improved Subdivision District (IS). (11) Improved Subdivision Vacation Rental District (IS -V ).nff hetv island di (OS (12) Military Facilities District (MF�r,,,r, ,.,oa 84th ,i a;st,.iet (IS) (13) Maritime Industries District (Mk.Tw'rr ^T� °a „ i.a;. , ;�; ^� (14) Mainland Native Area District (MN). 130 -1 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (15) Mixed Use District (MU). (16) Native Area District (NAB (17) Offshore Island District Q51 Gemmetvial f g vill distt: et (GFA4) (18) Preservation District (P). (19) Park and Refuge District (PR).Nfi�ied use distfiet (MU). (20) Recreational Vehicle District (RV). r n d ttst 4a di stt: i et (1) (21) Suburban Commercial District (SO.Mat:itime ,,d distfiet (NAT` (22) Suburban Residential District (SRI (23) Suburban Residential District (limited) (SR -L� (24) Sparsely Settled Residential District (SSA (25) Urban Commercial District (UC). Gensen ais*ri^* (GD (26) Urban Residential District (UR). Gemmetvia 1 distr- et (GI (27) Urban Residential Mobile Home District (URM). G,,,,,,,,°,., is 2 ais*rie* (G2 (28) Urban Residential Mobile Home—Limited District (URM -L. Sec. 130 -3. Land *Use dDistrict mMap. (a) Authority. The beard of e , upon the recommendation of the pPlanning c-Commission, shall adopt an official land use district (zoning) map that shall set out and delineate the land use districts established in section 130 -2 to all land in the unincorporated areas of the county. (b) Effect. The official land use district (zoning) map is hereby designated, established and incorporated as a part of this chapter; and the originals thereof, which are on file at the offices of the P lanning and Environmental Resources Department , shall be as much a part of this chapter as if the information contained therein were set out in full in this chapter. (c) Review and amendment. The official land use district (zoning) map shall be reviewed and amended to be consistent with the comprehensive plan - as d° rie 11, seetio X�e �he la-H. The official land use district (zoning) map may subsequently be amended from time to time as provided in chapter 102, article V. housing. See. 130 4. Tempor-iir-y emer-geney <moved to chapter 103> 130 -2 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update . . .... .... ____ ... .rsrsse��resrzeseses��.es:� TesrseT��.e�sres 1101"'1111 INS- M. ................ to residents o off pfeN , ided as aft of e fgefiey fe lief fts . . .... .... ____ ... .rsrsse��resrzeseses��.es:� TesrseT��.e�sres 1101"'1111 INS- M. ................ 130 -3 Keith and Schnars, P.A. Land Development Code: Sept 2015 „f r 0 0 rt der ef A 130 -3 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 130 -4 Keith and Schnars, P.A. Land Development Code: Sept 2015 .. RINNIN W. WON w1v 191111 - 1 MINOR 1 11111411 IN I 130 -4 Keith and Schnars, P.A. Land Development Code: Sept 2015 RINNIN W. WON w1v 191111 - 1 MINOR 1 11111411 IN I " WON. I N 1 111 1 1 1-1 130 -4 Keith and Schnars, P.A. Land Development Code: Sept 2015 RINNIN W. WON w1v 191111 - 1 1 130 -4 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update V OR rsese�s��EeTr.� ��� es��:es:�stf 130 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 EMMET i f�1� l9111riNIII� 1 130 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 EMMET 130 -5 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update T! !l�lT�lL�il[t�:�JS�Efi!!T�ll�S. . �:�SS�SfI Secs. 130 -4 &-130 -26. Reserved. 130 -6 Keith and Schnars, P.A. Land Development Code: Sept 2015 Oil 11. 111 AmW 0 100 LM Secs. 130 -4 &-130 -26. Reserved. 130 -6 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE II. DISTRICT PURPOSES Sec. 130 -27. Purpose of the *Airport dDistrict (AD). The purpose of the AD district is to facilitate the operations of airports and their compatible uses and to prohibit the development of residential uses (excluding g temporary non-emergency gencytemporary non -emer_ gency housing), educational uses (including but not limited to pre -K through high schools) and / —or other uses that are characterized by the regular presence of large numbers of people, within the hazard areas of civil and military airports. The AD district provides classifications of property for existing or future airports and regulates both uses within the boundaries of public and private airports, and uses around, adjacent, and in the approach zones of public and private airports in order to: <moved from Sec. 130 -75> (1) Establish the control of obstructions and construction of structures affecting navigable airspace in accordance with criteria delineated in volume XI, part 77 in federal aviation regulations, Florida Department of Transportation regulations, and this LDC, (2) Protect airports against encroachment, to implement appropriate noise abatement strategies, and to regulate development and reduce public exposure of community activities that are not compatible with airport operations, and (3) Control uses within the public and private airport property boundaries. Sec. 130 -28. Purpose of the Commercial l District (Cl). <moved from Sec. 130 -51> The purpose of the C1 district is to establish areas for commercial retail, public, institutional and office uses designed and intended primarily to serve the needs of immediately surrounding residential areas. This district should be established at locations convenient and accessible to residential uses to reduce trips on U.S. 1. Sec. 130 -29. Purpose of the Commercial 2 District (C2). <moved from Sec. 130 -52> The purpose of the C2 district is to designate appropriate areas for higher - intensity commercial uses intended to serve the needs of a subarea with commercial retail sales and service, public, institutional and office uses. This district should be established at discrete nodes along U.S. 1 and designed to serve the needs of both residents and visitors. Sec. 130 -2830. Purpose of the eConservation dDistrict (CD). The purpose of the en en CD district is to preT�� identify areas acquired for conservation purposes and / or subject to deed restrictions limiting the use of the property Ito conservation purposes. Sec. 130 -2131. Purpose of the eCommercial Wishing oArea dDistrict (CFA). 130 -7 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update The purpose of the CFA district is to establish areas suitable for uses that are essential to the commercial fishing industry, including sales and service of fishing equipment and supplies, seafood processing, fishing equipment manufacture and treatment, boat storage and residential uses. Sec. 1304032. Purpose of the eCommercial Wishing *Special dDistrict (CFSD). The purpose of the CFS district is to establish areas where various aspects of commercial fishing have been traditionally carried out while prohibiting the establishment of additional commercial fishing uses that are inconsistent with the natural environment, immediate vicinity or community character of the area. Each individual sub - district has unique characteristics relating to the fishing and maritime industry of that particular location. Sec. 130 -"33. Purpose of the eCommercial Wishing iVillage dDistrict (CFV). The purpose of the CFV district is to establish areas where limited commercial fishing activities, including the mooring of boats, the non-mechanized off - loading of catches, the storage of a limited number of traps, and residential uses, can be integrated. Sec. 130 -32-34. Purpose of the dDestination eResort dDistrict (DR). The purpose of the DR district is to establish areas suitable for the development of planned tourist centers providing on -site residential, recreational, commercial and entertainment facilities of a magnitude sufficient to attract visitors and tourists for tenancies of three or more days. Destination resorts are contemplated to contain: (1) Single - family homes as of right; or (2) One or more resort hotels as the principal use, to use the water - related natural resources of the Keys, and to be located on sites of at least ten gross acres where the location and character of the site and the development itself and amenities are such that off -site impacts will be reduced. Sec. 130 -3335. Purpose of the iIndustrial dDistrict (I). The purpose of the I district is to establish areas that are suitable for the development of industrial, manufacturing ttses, warehousing, and distribution uses. Sec. 130 -3436. Purpose of the Hmproved *Subdivision dDistrict (IS). The purpose of the IS district is to accommodate the legally vested residential development rights of the owners of lots in subdivisions that were lawfully established and improved prior to the adoption of this ehej4ff For the purpose of this section, improved lots are those that are served by a dedicated and accepted existing road of porous or nonporous material, that have an approved potable water supply, and that have sufficient 130 -8 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update uplands to accommodate the proposed use in accordance with the required setbacks. This district is not intended to be used for new land use districts of this classification within the county. Sec. 130 -M37. Purpose of the i*Military €Facilities dDistrict (MF). The purpose of the MF district is to establish areas for military facilities and installations and to ensure to the maximum extent allowed by federal law that all development activity within such areas is consistent with the Monroe County Comprehensive Plan. Sec. 130 -3638. Purpose of the i*Maritime iIndustries dDistrict (MI). The purpose of the MI district is to establish and conserve areas suitable for maritime uses such as ship building, ship repair, mother water dependent manufacturing and service uses and other uses consistent with the Monroe County Comprehensive Plan Sec. 130 -3-739. Purpose of the i*Mainland ,&Native Area district (MN). The purpose of the MN district is to protect the undeveloped and environmentally sensitive character of lands within the county that are located on the mainland of the Florida peninsula. Sec. 1304840. Purpose of the inMixed ffUse dDistrict (MU). The purpose of the MU district is to establish or conserve areas of mixed uses, including commercial fishing, resorts, residential, institutional, and commercial uses, and preserve these as areas representative of the character, economy and cultural history of the Florida Keys. Sec. 130-4941. Purpose of the -nNative ,&Area dDistrict (NA). The purpose of the NA district is to establish areas that are undisturbed, with the exception of existing solid waste facilities, and because of their sensitive environmental character should be preserved in their natural state. Sec. 1304942. Purpose of the ilsland dDistrict (OS). The purpose of the OS district is to establish areas that are not connected to U.S. 1 as protected areas, while permitting low- intensity residential uses and campground spaces in upland areas „ b s 0 , b s 00 t e„ and in.a f .. e t4 e ,- self „t ti Sec. 130 -43. Purpose of the Preservation District (P) The purpose of the P district is to provide for publicly owned lands held exclusively for the preservation of natural resources. Sec. 130 -44744. Purpose of the PPark and r-Refuge dDistrict (PR). 130 -9 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update The purpose of the PR district is to establish and protect areas as parks, recreational areas and wildlife refuges. Sec. 130 -42-45. Purpose of the eRecreational vVehicle dDistrict (RV). The purpose of the RV districts is to establish areas suitable for the development of destination resorts for recreational vehicles and other transient units such as seasonal residential units. Sec. 130 -4-346. Purpose of the *Suburban c-Commercial dDistrict (SC). The purpose of the SC district is to establish areas for commercial uses designed and intended primarily to serve the needs of the immediate planning area in which they are located. This district should be established at locations convenient and accessible to residential areas id- - to reduce trips on U.S. 1. Sec. 130 -4447. Purpose of the *Suburban eResidential dDistrict (SR). The purpose of the SR district is to establish areas of low- to medium - density residential uses characterized principally by single - family detached dwellings. This district is predominated by development; however, natural and developed open space creates an environment defined by plants, spaces and over -water views. Sec. 130 -4548. Purpose of the *Suburban eResidential dDistrict (1Limited) (SR -L). The purpose of the SR -L district is to establish areas of exclusive low- to medium - density residential uses. Sec. 130 -4649. Purpose of the *SS arsely *Settled eResidential dDistrict (SS). The purpose of the SS district is to establish areas of low- density residential development where the predominant character is native or open space lands. Sec. 130 -4750. Purpose of the -uUrban eCommercial dDistrict (UC). The purpose of the UC district is to designate appropriate areas for high- intensity commercial uses intended to e rop vide retail sales and service, professional services and resort activities needs at a regional or multiple planning area scale. This district should be established at discrete nodes along U.S. 1 and should be designed so as to serve the needs of both residents and visitors. Sec. 130 -4851. Purpose of the uUrban eResidential dDistrict (UR). The purpose of the UR district is to provide areas appropriate for high- density residential uses and to create areas to provide for vacation rental use of detached dwellings, duplexes, and multifamily dwellings. This district should be established at or near employment centers. 130 -10 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 130 -4952. Purpose of the uUrban r-Residential — i*Mobile hHome district (URM). The purpose of the URM district is to recognize the existence of established mobile home parks and subdivisions, but not to create new such areas, and to provide for such areas to serve as a reservoir of affordable and moderate -cost housing in the county. Sec. 130 -150 Purpose of the ffUrban r- in hHome — 1 dDistrict (URM -L). The purpose of the URM -L district is to recognize the existence of parks and subdivisions which consist exclusively, or almost exclusively, of mobile homes, but not to create new such areas, in order to permit property owners in such areas to replace or establish mobile homes below base flood elevation as authorized by certified federal regulations. . -moved to Sec. 130 -28> offiee ttses designed and intended pt4mat:ily to sen t4e needs of immediately sttffettadifig See. 130 52. Purpose of the eommer-einl 2 distr-iet . -moved to Sec. 130 -29> Secs. 130- 54130 -73. Reserved. 130 -11 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE III. PERMITTED AND CONDITIONAL USES Sec. 130 -74. General. (a) No structure or land in the county shall hereafter be developed, used or occupied unless expressly authorized in a land use district in this article. (b) Notwithstanding any provision of this article, all development listed as a conditional use within a master planned community of 100 or more acres in area, shall be reviewed and processed as a use permitted, as of right. In such cases, a A pre- application conference shall be required prior to the submittal of a permit application for development approval ra• ,,, (c) Accessory uses as permitted within each land use district shall be consistent with the definition of accessory uses as set forth in section 101 -1. Sec. 130 -75. Airport dDistrict (AD). (a) , P mrpo <purpose moved to Sec. 130 -27> Tie— disttie*s pt:evide elas:m�etions 0f rt. i raor t �Ers . ...... "Ili. INNNINNIN 1111111 (a) The following uses are permitted as of right in the Airport district: 130 -12 Keith and Schnars, P.A. Land Development Code: Sept 2015 "Ili. INNNINNIN 1111111 (a) The following uses are permitted as of right in the Airport district: 130 -12 Keith and Schnars, P.A. Land Development Code: Sept 2015 .. ... W.116 I IN1111111011111111 "M S!i (a) The following uses are permitted as of right in the Airport district: 130 -12 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) At public airports: Public airport uses, (2) At private airports: Noncommercial aircraft landing, takeoff, storage, repair, maintenance and fueling, provided that, a. Effective landing length shall be no less than 1,800 feet, b. Primary surface width shall be no less than 100 feet, and c. Usable width shall be no less than 50 feet. (3) Accessory uses, (4) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2), (5) Collocations on existing antenna- suporting structures, pursuant to section 146 -5(3), and (6) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). thhThe following uses are permitted as minor conditional uses in the &Airport district, subject to the standards and procedures set forth in chapter 110, article III: (1) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems, and accessory uses shall be screened by structures designed to: 1. Be architecturally consistent with the character of the surrounding community; 2. Minimize the impact of any outdoor storage, temporary or permanent; and 3. A solid fence may be required upon determination by the p landing dDirector; c. Where a district boundary buffer is not required as set forth in chapter 114, article IV, a planting bed, eight feet in width, shall be established to buffer the facility, with the following: 1. One native canopy tree for every 25 feet of property line; 2. One understory tree for every ten feet of property line; 3. The required trees shall be evenly distributed throughout the planting bed; and 130 -13 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 4. The planting bed shall be installed as set forth in chapter 114, article IV (2) Within t4e r ret4y betxadat:ies of p4l eFt-s, ^At public airports: Public a irport uses of less than 5,000 square feet of enclosed area, ni t 4 o of 5 , 000 s"at:e feet eof ef1elese r'� - si"paee sha t:€EV"" ' MajOf to �"c (3) Attached wireless communications facilities, as accessory uses, pursuant to section 146 - 54,and (4) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 55. ... W 1I W I Fil ... l MM 1111111i� 11 , FE- z z ...... -... - NZ 130 -14 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) The following uses are Permitted as major conditional uses in the Airport district, subject to the standards and procedures set forth in chapter 110, article III: (1) At public airports: Public airport uses of 5,000 square feet or more of enclosed space, and (2) At private airports: Commercial aircraft operations, including fixed base operators (FBO) activities. d) Airport Height Overlav Zones and Restrictions. There are herebv created and established overlay zones around and adjacent to public, private and military airports in the county. Within the AD district and overlay zones, certain height limitations are specified to prevent airspace obstruction, and the use limitations apply. Uses within the overlay zones must comply with the height standards and the limitations set forth below. An area located in more than one zone described herein is considered to be only in the zone with the more restrictive limitations. (1) Public Airport Height Restrictions. a. Primary zone. The area longitudinally centered on each runway with the same length as the runway and is 2,000 feet wide. No structure that is not a part of the landing and takeoff area is permitted in the primary zone that is of greater height than the nearest point on to the runway_ b. Clear zone. The area extending 1,000 feet off each end of a primary surface and is the same width as the primary surface. No structure not a part of the landing and takeoff area is permitted that is a greater height than the end of the runway_ c. Inner horizontal zone. The area extending outward from the periphery of the primary zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the 130 -15 Keith and Schnars, P.A. Land Development Code: Sept 2015 .... PINION PM ffi-�Nl W. (c) The following uses are Permitted as major conditional uses in the Airport district, subject to the standards and procedures set forth in chapter 110, article III: (1) At public airports: Public airport uses of 5,000 square feet or more of enclosed space, and (2) At private airports: Commercial aircraft operations, including fixed base operators (FBO) activities. d) Airport Height Overlav Zones and Restrictions. There are herebv created and established overlay zones around and adjacent to public, private and military airports in the county. Within the AD district and overlay zones, certain height limitations are specified to prevent airspace obstruction, and the use limitations apply. Uses within the overlay zones must comply with the height standards and the limitations set forth below. An area located in more than one zone described herein is considered to be only in the zone with the more restrictive limitations. (1) Public Airport Height Restrictions. a. Primary zone. The area longitudinally centered on each runway with the same length as the runway and is 2,000 feet wide. No structure that is not a part of the landing and takeoff area is permitted in the primary zone that is of greater height than the nearest point on to the runway_ b. Clear zone. The area extending 1,000 feet off each end of a primary surface and is the same width as the primary surface. No structure not a part of the landing and takeoff area is permitted that is a greater height than the end of the runway_ c. Inner horizontal zone. The area extending outward from the periphery of the primary zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the 130 -15 Keith and Schnars, P.A. Land Development Code: Sept 2015 PINION PM ffi-�Nl W. (c) The following uses are Permitted as major conditional uses in the Airport district, subject to the standards and procedures set forth in chapter 110, article III: (1) At public airports: Public airport uses of 5,000 square feet or more of enclosed space, and (2) At private airports: Commercial aircraft operations, including fixed base operators (FBO) activities. d) Airport Height Overlav Zones and Restrictions. There are herebv created and established overlay zones around and adjacent to public, private and military airports in the county. Within the AD district and overlay zones, certain height limitations are specified to prevent airspace obstruction, and the use limitations apply. Uses within the overlay zones must comply with the height standards and the limitations set forth below. An area located in more than one zone described herein is considered to be only in the zone with the more restrictive limitations. (1) Public Airport Height Restrictions. a. Primary zone. The area longitudinally centered on each runway with the same length as the runway and is 2,000 feet wide. No structure that is not a part of the landing and takeoff area is permitted in the primary zone that is of greater height than the nearest point on to the runway_ b. Clear zone. The area extending 1,000 feet off each end of a primary surface and is the same width as the primary surface. No structure not a part of the landing and takeoff area is permitted that is a greater height than the end of the runway_ c. Inner horizontal zone. The area extending outward from the periphery of the primary zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the 130 -15 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update centerline at the end of each Primary zone and connecting adjacent arcs by lines tangent to these arcs. No structure will be Permitted in the inner horizontal zone of greater height than 156 feet MSL. d. Conical zone. The area extending outward from the Periphery of the inner horizontal zone for a distance of 7,000 feet. Height limits in the conical zone commence at 156 feet MSL at the inner boundary where it adjoins the inner horizontal zone and increases in permitted height at a rate of one foot vertically for every 20 feet of horizontal distance measured outward from the inner boundary to a height of 506 feet MSL at the outer boundary. e. Outer horizontal zone. The area extending outward from the outer periphery of the conical zone for a distance of 30,000 feet. The height limit within the outer horizontal zone is 506 feet MSL. f. Approach zone. The area longitudinally centered on each runway extended centerline, with an inner boundary 200 feet out from the end of the runway and the same width as the primary zone, then extending outward for a distance of 50,000 feet, expanding uniformly in width to 16,000 at the outer boundary. Height limits within the approach zones commence at the height of the runway end and increase at the rate of one foot vertically for every 50 feet horizontally for a distance of 25,000 feet, at which point it remains level at 506 feet MSL to the outer boundary. g. Transitional zone. The area within an inner boundary formed by the side of the primary zones, the first 200 feet of the clear zones and the aproach zones, then extending outward at right angles to the runway centerline and extended centerline until the height matches the adjoining inner horizontal zone, conical zone, and outer horizontal zone height limit. The height limit at the inner boundary is the same as the height of the adjoining zone and increases at the rate of one foot vertically for every seven feet horizontally to the outer boundary of the transitional zone, where it a_ fain matches the height of the adjoining zone. (2) Private Airport Height Restrictions. a. The landing approach zone for private airports is a trapezoidal area increasing gradually in width from 50 feet to either side of the runway centerline, at the ends of each usable runway, to a width of 350 feet to either side of the runway centerline at a distance of 3,000 feet outward from the ends of each runway. b. Approach zones shall be clear of obstruction above a glide path of 20:1 from the ends of each usable runway. When the approach zone to any runway crosses a road, the glide path must pass at least 15 feet above the edge of the nearest traffic lane. c. No establishments or uses shall be allowed that emit smoke,, gas or dust in quantities or densities sufficient to jeopardize the safe use of private airports. 130 -16 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update d. No development approval or building permit shall be granted for the construction of any structure to be located within a private airport district or overlay zone that, when built, would constitute an airspace obstruction height that would cause a minimum obstruction altitude, a minimum descent altitude, or a decision height to be changed or a threshold to be displaced, or to interfere with the required approach Aide slope. e. No property owner within the private airport district or overlay shall be permitted to grow or maintain trees to heights in excess of those provided herein for structures. (e) All development or expansion of existing public airports shall be done in accordance with the updated Master Plan of the airport and adopted ordinances. OWN d 130 -17 Keith and Schnars, P.A. Land Development Code: Sept 2015 NAM -07 . ....... WN1 I r1l . ......... z.. MONNEWMr ... OWN d 130 -17 Keith and Schnars, P.A. Land Development Code: Sept 2015 -07 . ....... WN1 I r1l . ......... z.. MONNEWMr ... OWN d 130 -17 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c^ rcmircrcrc�--^ vf densities - siarrEiefi- t6 jeepafdize t4e safe ttse of private awpefts. . E�i�Tl�fi _ .�l�:Slt!lR5l7:E Ira MY 01 Le i Sec. 130 -76. Conservation dDistrict (CD). (a) The following uses are permitted as of right in the c-Conservation district, pursuant to the standards and procedures set forth in chapter 110, article III: (1) Passive recreational uses; (2) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); and (3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6). 130 -18 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) The following uses are permitted as minor conditional uses in the c-Conservation district, pursuant to the standards and procedures set forth in chapter 110, article III: LLJ- sSatellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -51 Sec. 130 -77. Commercial Wishing Area dDistrict (CFA). t �r Hr. . rss�ee�r�rrir�� .�eaz��rs�eeer� .ter..,:... - • l�tZlii!_!!!�!!f!!�f _�l5�i5l7:l97fl�!!f 130 -19 Keith and Schnars, P.A. Land Development Code: Sept 2015 . AI impalets. • l�tZlii!_!!!�!!f!!�f _�l5�i5l7:l97fl�!!f 130 -19 Keith and Schnars, P.A. Land Development Code: Sept 2015 . AI • l�tZlii!_!!!�!!f!!�f _�l5�i5l7:l97fl�!!f 130 -19 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update IN I (a ,d) The following uses are permitted as of right min the sCommercial (Fishing Area district stt to too st.,, dat:ds and r oa,,,. sot f t o ; ,.hapte,. 110 .,, 4;,.,o M (1) Commercial fishing; (2) Accessory uses, (3-�) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (4 -2) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (5 -3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (64) Home occupations—Special use permit required; commercial fishing does not require a special use permit. (b , e) The following uses are permitted as minor conditional uses in the sCommercial ( -aArea district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwellings, provided that the total floor area of residential uses in a CFA district does not exceed 25 percent of the land area in that CFA district. (2) Commercial retail uses of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry. (3) Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry. (4�) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (5 -2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (6 -3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c The following uses are permitted as major conditional uses in the sCommercial ( -aArea district subject to the standards and procedures set forth in chapter 110, article III (1) Marinas and boat chartering, provided that: 130 -20 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site and where the waste is treated in a permitted sewage treatment facility; d. All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height; e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; f. There is Nno displacement of existing commercial fishing dockage or area; g. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and h. T4at--* less than 50 percent of the district land area shall be used for other commercial fishing activities, such as trap storage and manufacture of traps; (2) Restaurants, dive shops, and other commercial retail uses under 1,600 square feet per shop, provided that: a. There is no displacement of existing commercial fishing dockage or area; b. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and c. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps; (3) Monuments, provided that: a. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection, or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet, and 130 -21 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The use is separated from adjoining residential uses by a class H bufferyard, and (4 -3) New antenna - supporting structures, pursuant to section 146 -5(1)_ (d) In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental duality and community character, the Commercial Fishing Area district is given the following special considerations: (1) The Commercial Fishing Area district, under minor conditional use, may vary the requirements of the district, (2) Temporary uses specifically involvin tra construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements, (3) Sanitary toilet facilities may be provided by using approved portable units, (4) Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices, (5) The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts, (6) Lighting requirements may be reduced or waived where the Planning Director and County Biolo a gree that light intrusion, either to adjoining �p roperties or waterfront areas, will have no adverse effect on community character or habitat, and (7) Except for commercial retail and wholesale operations, parking requirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or parcels shall proportionately meet this same requirement. Sec. 130 -78. Reserved. �����f� _ errs. �r.T•z��� 130 -22 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b.. T heixenmeehanilea " l eading of eateh; NNW- d' ►Tiri�.. l 7: iTfF 'l�l��lf_i!lR�l7T.P.fE�ISIS�S (rode 1 979 § 9 • n,-a N 3 § 9 n,-a N 40 198 § 8 ; N o. 4 1 997 , § Sec. 130 -79. Commercial Wishing sSpecial dDistrict (CFSD). The following uses are permitted in the c-Commercial (Fishing 6&ecial dDistricts: (4a) CFSD 1 (located on Big Pine): .&-(1) The following uses are permitted as of right in Commercial Fishing Special District 1, subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp as eft -�a. Commercial fishing; -2b. Detached dwellings; -3c. Accessory uses; 130 -23 Keith and Schnars, P.A. Land Development Code: Sept 2015 MR IN .. _ _ _ : y aiii • (rode 1 979 § 9 • n,-a N 3 § 9 n,-a N 40 198 § 8 ; N o. 4 1 997 , § Sec. 130 -79. Commercial Wishing sSpecial dDistrict (CFSD). The following uses are permitted in the c-Commercial (Fishing 6&ecial dDistricts: (4a) CFSD 1 (located on Big Pine): .&-(1) The following uses are permitted as of right in Commercial Fishing Special District 1, subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp as eft -�a. Commercial fishing; -2b. Detached dwellings; -3c. Accessory uses; 130 -23 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 4d. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3); -Se. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); aad gf. Home occupations—Special use permit required; commercial fishing does not require a special use permit; and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. b-. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 1, subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp and subject to the standards and procedures set forth in Chapter 110, Article III, as a mitief eetiditi . -�a. Attached dwellings, provided that the total floor area of residential uses in Commercial Fishing Special District 1 does not exceed 25 percent of the land area in Commercial Fishing Special District l *e eemni fi s hi ng 0 -2b. Commercial retail and restaurant uses of low- and medium- _ intensity �ses, provided that the goods and services are related to or supportive of the commercial fishing industry; -3c. Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry; and 4d. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 1, subject to the standards and procedures set forth in Chapter 110, Article III: a. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 130 -24 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the planning director. ( -2h) CFSD 2 (located on No Name Key): .&- (1) The following uses are permitted -Aas of right in Commercial Fishing Special District 2 -�a. Commercial fishing exEktding ekag ell as trap steruge mod -2b. Detached dwellings; -3c. Accessory uses; 4d. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3); -Se. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); gf. Home occupations =Special use permit required; commercial fishing does not require a special use permit -., and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. b-. (2) The following uses are permitted -Aas a-minor conditional use in Commercial Fishing Special District 2, subject to the standards and procedures set forth in Chapter 110, Article III -�a. Attached dwellings, provided that the structures are separated from existing detached dwellings by 100 feet or a class D bufferyard; and -2b. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). 130 -25 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 2, subject to the standards and procedures set forth in Chapter 110, Article III: a. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the planning director. . �see:re:�e:� �s: srss:sfrsr���s�srs�rs�es�rsaas. MININ VIN 1. Gemmet:eial fishing WIN MONSOON 130 -26 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update sen, t e roods o f the eemmetv fishing i 4 A .1 aad (4c) CFSD 4 (located on Long Key): .&- (1) The following uses are permitted -Aas of right in Commercial Fishing Special District 4 a. Commercial fishing, b. Accessory uses; c -2. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); d -3. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); e4. Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); a*d PS. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6) - ;and 130 -27 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update g. Wastewater nutrient reduction cluster systems that serve less than ten residences. b- (2) The following uses are permitted as Mminor conditional use in Commercial Fishing Special District 4, subject to the standards and procedures set forth in Chapter 110, Article III -�a. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and -2b. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). c The following uses are permitted as M conditional use in Commercial Fishing Special District 4, subject to the standards and procedures set forth in Chapter 110, Article III a_*New antenna - supporting structures, pursuant to section 146- 5(1) - and b. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facilitv and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (15!1) CFSD 5 (located on Key Largo): -a.- (1)The following uses are permitted -Aas of right in Commercial Fishing Special District 5 130 -28 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update -2a. Commercial fishing; -3b. Commercial retail, limited to Ffish houses (a°fi„ °a as eemmetvia establishments t a pt:edttets and 0 0 0 eemm 4c. Detached dwellings; .. 6d. Accessory uses; e. Institutional uses, f. Institutional residential uses, involving less than ten dwelling units or rooms, g. Public buildings and uses, � Attached dwellings of less than six units designated as employee housing as provided for in section 139 -1 -9i. Commercial apartments involving less than six dwelling units, j. Light industrial uses, limited to Mmarine repair services, including engine and fishing gear repair, provided that such uses are intended oD1y to serve the needs of the commercial fishing industry; 9k. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); 4-01. Collocations on existing antenna - supporting structures, pursuant to section 146- 5(3); 44 Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); fi Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); 130 -29 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update moo. Home occupations special use permit required; commercial fishing does not require a special use permit - and p. Wastewater nutrient reduction cluster systems that serve less than ten residences. 4-.�Z,LThe following uses are permitted as minor conditional uses in sCommercial f Special dDistrict 5, subject to the standards and procedures set forth in sChapter 110, -aArticle III: a. Institutional residential uses involving ten to 20 dwelling units or rooms, b. Commercial apartments involving six to 18 dwelling units, provided that: 1. The hours of operation of the commercial uses are compatible with residential uses, 2. Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited; c. Parks, d. Attached and detached dwellings involving six to 18 units, designated as employee housing as provided for in section 139 -1, •• ! .• nor JOIN at • • . M 1 ' a. Institutional residential uses involving ten to 20 dwelling units or rooms, b. Commercial apartments involving six to 18 dwelling units, provided that: 1. The hours of operation of the commercial uses are compatible with residential uses, 2. Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited; c. Parks, d. Attached and detached dwellings involving six to 18 units, designated as employee housing as provided for in section 139 -1, -3e. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and 4f. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). e- L The following uses are permitted n di t i ns r *� an testa etions apply to ttse as major conditional uses in sCommercial ( 6&ecial dDistrict 5 subject to the standards and procedures set forth in sChapter 110, -aArticle III: a. Marinas, provided that: 130 -30 Keith and Schnars, P.A. Land Development Code: Sept 2015 •• ! nor -3e. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and 4f. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). e- L The following uses are permitted n di t i ns r *� an testa etions apply to ttse as major conditional uses in sCommercial ( 6&ecial dDistrict 5 subject to the standards and procedures set forth in sChapter 110, -aArticle III: a. Marinas, provided that: 130 -30 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 1. The parcel proposed for development has continuous access to water of depths of at least four feet below mean sea level at mean low tide. 2. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products. 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pump -out facility is available on -site, and where the waste is treated in a permitted sewage treatment facility. 4. All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height. 5. se by a elass D i tr ry ,, a Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet from Section 130- 79(15)> 6. There is no displacement of existing commercial fishing dockage or area, 7. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing, and 8. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. 9 6. If marina slips are leased on any basis longer than month -to- month, the marina shall lease at least 20 percent of thei docking slips on a month -to -month basis, and commercial fishing boats shall be given priority for those slips. 10 -7. Each marina owner or operator, di striet shall maintain a waiting list for commercial fishing boats and give them first priority at the end of each one -month leasing period. 11 9. The following message shall be posted on one two -foot by four -foot sign, on the seaward end of the most visible pier or mooring, and on the landward end of each pier, at each marina FISHING BOATS If you have problems finding dockage or if you have questions, contact: 130 -31 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Name Phone No. b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per shop, provided that: < from Section 130 - 79(15) > 1. There is no displacement of existing commercial fishin dg ockage or area, 2. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing, and 3. No less than 50 Dercent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry; c9. New antenna - supporting structures, pursuant to section 146- 5(1) - and d. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facilitv and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. 130 -32 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (ge) CFSD 6 (located on Boca Chica): (1) The following uses are permitted as of right in Commercial Fishing Special District 6: a. eet to t4e navigational at: of eh el as of t4g hr a4. Commercial fishing; b -2. Accessory uses equ+pffi-e�; 63. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); d4. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); e -S. Attached wireless communications facilities, as accessory uses, pursuant to section 146 - 5(4); a*d fg. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146- 5(6) - and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 6 subject to the standards and procedures set forth in Chapter 110, Article IILb- Sttbjeet to fiaN,igatie,,.,, ,,,at:kifig ofeh-afifiels, as a minet: eenditio a4. Commercial retail, low- and medium - intensity uses, provided that the goods and services are related to or supportive of the commercial fishing industry; b -2. Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry; c -3. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and d4. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 6 subject to the standards and procedures set forth in Chapter 110, Article 111: a. Marinas and boat chartering, provided that: <came from Section 130- 79(15)> 1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; 130 -33 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 2. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing Droducts_ 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site, and where the waste is treated in a permitted sewage treatment facility 4. All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height, 5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, 6. There is no displacement of existing commercial fishing _ d ockage or area, 7. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing, and 8. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps; b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet shop, provided that: < from Section 130 - 79(15) > 1. There is no displacement of existing commercial fishing _ d ockage or area, 2. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing, and 3. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry; c_ nNew antenna - supporting structures, pursuant to section 146 -5(l} and d. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally 130 -34 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, ge, temporary or permanent, or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (7f) CFSD 7 (located on Boca Chica): (1) The following uses are permitted as of right in Commercial Fishing Special District 7: ff-. As of ght: a4-. Light and heavy industrial uses, limited to Bboat building, repair and storage and other maritime - oriented industrial uses b -2. Maritime -- oriented commercial retail office, or restaurant uses or any combination thereof, of less than 5,000 square feet of floor area; c -S. Commercial fishing; P. Institutional uses; e8.. Public buildings and uses; f3. Accessory uses; Z4-0. Replacement of an existing antenna - supporting structure pursuant to section 146- 5 (2); h44. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); 130 -35 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ice. Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); 143.. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146- 5(6) - and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 7 subject to the standards and procedures set forth in Chapter 110, Article IIL A a m ti diti tia t isei a -2. Maritime- oriented commercial retail, office restaurant uses, or any combination thereof, of greater than 5,000 but less than 20,000 square feet of floor area; b -3. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); c4. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and d -5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet. (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 7 subject to the standards and procedures set forth in Chapter 110, Article III: . As a majef eetiditietial tisei a4-. Heliports, provided that: 1.(�) The landing and departure approaches do not pass over established residential uses or known bird rookeries; and 2.(i4) The use is fenced or otherwise secured from entry by unauthorized persons; b -2. New antenna - supporting structures, pursuant to section 146-5(l)-. c. Marinas and boat chartering, provided that: <from Section 130- 79(15)> 1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide, 2. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products, 130 -36 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site, and where the waste is treated in a permitted sewage treatment facility, 4. All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height, 5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, 6. There is no displacement of existing commercial fishin dockage or area, 7. No less than 50 Dercent of the dock area shall be devoted exclusivelv to commercial fishing, and 8. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. d. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per shop, provided that: 1. There is no displacement of existing commercial fishing dockage or area, 2. No less than 50 Dercent of the dock area shall be devoted exclusivelv to commercial fishing, and 3. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry. e. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, ge, temporarytemporary or permanent, and 130 -37 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (8g) CFSD 8 (located on Big Pine): (1) The following uses are permitted as of right in Commercial Fishing Special District 8: a4-. Commercial fishing, provided a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district; b -2. Detached dwellings; c -3. Accessory uses; d4. Home occupations special use permit required; commercial fishing does not require a special use permit;- e. Collocations on existing antenna suporting structures, pursuant to section 146 -5(3), f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6), and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 8 subject to the standards and procedures set forth in Chapter 110, Article III: 130 -38 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a4. Attached dwellings, provided that the total floor area of residential uses in CFSD 8 -a eemm et:eial fishing area ais*rie* does not exceed 25 percent of the land area in *e eemmet:ei fishing e disti.4etUSD 8 b -2. Commercial retail and restaurant uses of low- and medium- intensity t1ses, provided that the goods and services are related to or supportive of the commercial fishing industry and provided a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district -ate 63. Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry and a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district - , and d. Satellite earth stations greater than or equal to two meters in diameter, as accessorX uses, pursuant to section 146 -5(f). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 8 subject to the standards and procedures set forth in Chapter 110, Article III: a. Marinas and boat chartering, provided that: <came from Section 130- 79(15)> 1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide_ 2. The sale of goods and services is limited to fuel, food, boating diving and sport fishing products, 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site, and where the waste is treated in a permitted sewage treatment facility, 4. All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height, 5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, 6. There is no displacement of existing commercial fishin dg ockage or area, 7. No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing, and 8. No less than 50 Dercent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. 130 -39 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. Restaurants, dive shops, and other commercial uses under 1,600 square feet Per shop, provided that: < from Section 130-79(15)_> 1. There is no displacement of existing commercial fishing dockage or area, 2. No less than 50 Dercent of the dock area shall be devoted exclusivelv to commercial fishin and 3. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing indus c. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. 130 -40 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update WINNER al i ! of tr-nps. (40 CFSD 12 (located on Big Pine): (1) The following uses are permitted as of right in Commercial Fishing Special District 12: a. Sttbjeet to t4e limitation t4at fie ttse shall ifivelve a vessel t4at dtwv� mel:e than feet as of ,.l.t. a4-. Commercial fishing, provided the use does not involve a vessel that draws more than six feet of water_ b -2. Detached dwellings; c -3. Accessory uses; d4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3); e -5. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); aad fg. Home occupations special use permit required; commercial fishing does not require a special use permit -; and g. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 12 subject to the standards and procedures set forth in Chapter 110, Article III: feet as a miflef eenditio a4-. Attached dwellings, provided that the structures are separated from existing detached dwellings by 100 feet or a class D bufferyard; and b -2. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 12, subject to the standards and procedures set forth in Chapter 110, Article TTT 130 -41 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facilitv and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (44i) CFSD 13 (located on Summerland Key): (1) The following uses are permitted as of right in Commercial Fishing Special District 13: feet as of ,.l.t. a4-. Commercial fishing, provided the use does not involve a vessel that draws more than six feet of water_ b -2. Detached dwellings; c -3. Accessory uses; d4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3); e -5. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); ftffd f6. Home occupations special use permit required; commercial fishing does not require a special use permit - and 130 -42 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update g. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 13 subject to the standards and procedures set forth in Chapter 110, Article III: a4. Attached dwellings, provided that the total floor area of residential uses in CFSD 13 -a eemm et:eial f4 ng area distt: et does not exceed 25 percent of the land area in CFSD b -2. Commercial retail and restaurant uses of low- and medium- t1ses, provided that the goods and services are related to or supportive of the commercial fishing industry and the use does not involve a vessel that draws more than six feet of water 63. Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry provided the use does not involve a vessel that draws more than six feet of water_ d4. Mobile homes; and e -5. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 13 subject to the standards and procedures set forth in Chapter 110, Article TTT a. Marinas and boat chartering, provided that: <came from Section 130- 79(15)> 1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide, 2. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products, 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site, and where the waste is treated in a permitted sewage treatment facility 4. All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height, 130 -43 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, 6. There is no displacement of existing commercial fishing dockage or area, 7. No less than 50 Dercent of the dock area shall be devoted exclusivelv to commercial fishing, and 8. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. b. Restaurants, dive shops, and other commercial uses under 1,600 square feet per shop, provided that: <from Section 130 - 79(15) > 1. There is no displacement of existing commercial fishing dockage or area, 2. No less than 50 Dercent of the dock area shall be devoted exclusivelv to commercial fishing, and 3. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing indus c. Wastewater treatment facilities and wastewater treatment collection systems s uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, fie, temporary temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, 130 -44 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (4-2j) CFSD 16 (located aeon Conch Key): (1) The following uses are permitted as of right in Commercial Fishing Special District 16: a. Commercial fishing, b. Accessory uses, ch. Mobile homes, petzfflit4ed iii additieti to d _dDetached dwellings, as a mattef of fight. es. Vacation rental use if a special vacation rental permit is obtained in accordance with section 134 -1. 4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3); Z-2. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); a-l+d h -3. Home occupations special use permit required; commercial fishing does not require a special use permit-._ and i. Wastewater nutrient reduction cluster systems that serve less than ten residences. (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 16 subject to the standards and procedures set forth in Chapter 110, Article III: <from 130 -77 — applied per former subsection a. above> a. Attached dwellings, provided that the total floor area of residential uses in CFSD 16 does not exceed 25 percent of the land area in CFSD 16. b. Commercial retail and restaurant uses, of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry. c. Light industrial uses, marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry. 130 -45 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update de. Mitiersetiditietial tisesi s Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 16, subject to the standards and procedures set forth in chapter 110, article TTT a. Marinas and boat chartering, provided that: <from 130 -77 — applied per former subsection a. above> 1. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide, 2. The sale of goods and services is limited to fuel, food, boating diving and sport fishing products, 3. Vessels docked or stored shall not be used for live- aboard purposes, except when a permitted sewage pumpout facility is available on -site and where the waste is treated in a permitted sewage treatment facility, 4. All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height, 5. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, 6. There is no displacement of existing commercial fishing _ d ockage or area, 7. No less than 50 Dercent of the dock area shall be devoted exclusively to commercial fishing, and 8. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as trap storage and manufacture of traps. b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet of floor area, provided that: <from 130 -77 — applied per former subsection a. above> 1. There is no displacement of existing commercial fishing dockage or area, 2. No less than 50 Dercent of the dock area shall be devoted exclusively to commercial fishing, and 3. No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps; 130 -46 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. New antenna - supporting structures, pursuant to section 146 -5(1), and <from 130 -77 — applied per former subsection a. above> d. Wastewater treatment facilities and wastewater treatment collection systems s uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, fie, temporarytemporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (4) In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental quality and community character, CFSD 16 is given the following, special considerations: <from 130 -77 — applied per former subsection a. above> a. CFSD 16, under minor conditional use, may vary the requirements of the district, b. Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements, c. Sanitary toilet facilities may be provided by using approved portable units; d. Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices, e. The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts, 130 -47 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update f. Li Planning re quirements may be reduced or waived where the Planning re quirements may be reduced or waived where the Planning Director and County Biologist agree that light intrusion, either to adj oining p roperties or waterfront areas, will have no adverse effect on community character or habitat, and g. Except for commercial retail and wholesale operations, parkin re quirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or parcels shall proportionately meet this same requirement. (131i) CFSD 17 (located on Old Boca Chica Road): f eet o f ,. l.t. •rte °, -� �- -- - NMINI! (1) The following uses are permitted as of right in Commercial Fishing Special District 17: a. Commercial fishing p rovided the use does not involve a vessel that draws more than two feet of water and the vessels are restricted to outboard engines only b-�. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); c -2. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); d -3. Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); e4. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); ftffd P5. Home occupations special use permit required; commercial fishing does not require a special use permit- : and Wastewater nutrient reduction cluster systems that serve less than ten residences. 130 -48 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) The following uses are permitted as minor conditional uses in Commercial Fishing Special District 17, subject to the standards and procedures set forth in chapter 110, article III: a. minor- e n di t i ,na t ° . a. Detached residential dwellings, provided that the total floor area of residential uses in CFSD 17 does not exceed 25 Dercent of the land area in CFSD 17_ b-�. Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and c -2. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6); -and J3 The following uses are permitted as major conditional uses in Commercial Fishing Special District 17, subject to the standards and procedures set forth in chapter 110, article lll; .N4ajef eetiditietial tisei a - *New antenna - supporting structures, pursuant to section 146- 5(1) - and b. Wastewater treatment facilities and wastewater treatment collection systems s uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, ge, temporary temporary or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. (441) CFSD 20 (located on Little Torch Key): The following uses are permitted as of right in Commercial Fishing Special District 20 : 130 -49 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a4-. Commercial fishing provided the use does not involve a vessel that draws more than three (3) feet of water b -2. Commercial retail uses, limited to -Wwholesale sales of catch; .esrse�sss. . d" aZSi� WOMELV c -S. Detached dwellings; dg. Replacement of mobile homes existing as of <DATE> *h e date of t4i et e -7. Accessory uses; f-9. Replacement of docks in existence as of <DATE> *he date of *his o .,,.als f t o fitage o f t:ep ee r ro e o e r 0 0 0 — 0 0 , Z-9. Home occupations — special use permit required, commercial fishing does not require a special use permit h 44. Collocations on existing antenna supporting structures, pursuant to section 146- 5(3); ice. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146- 5(6) - and j. Wastewater nutrient reduction cluster systems that serve less than ten residences. 0 tr z 130 -50 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update QE The following uses are permitted as minor conditional uses in 4ie—e Commercial ( Special dDistrict 20, subject to the standards and procedures set forth in sChapter 110, -aArticle III: a_ -sSatellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (3) The following uses are permitted as major conditional uses in Commercial Fishing Special District 20, subject to the standards and procedures set forth in Chapter 110, Article TTT a. Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that: 1. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements, 2. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, ge, temporary or permanent, or permanent, and 3. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: i. One native canopy tree for every 25 linear feet of screening structure, and one understory tree for every ten linear feet of screening structure, ii. The required trees shall be evenly distributed throughout the planting bed, iii. The planting bed shall be installed as set forth in chapter 114, article IV, and iv. A solid fence may be required upon determination by the Planning Director. 130 -51 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update I jr rfWrI �e�n�rssrsr.�e�e�sss. rs�s��:see��� 2. The sale of goods and sen4ees is limited to fitel, food, beatifig, & afid spOt:t fishing pf:e s r:�aas. . _ ��nsr�s����r�s�er��rrsee�rartr .� �rrs�te�s ..f li aw 130 -52 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update zies� 2 The tv" i t :ed t,-°°s sh be e dist,-ib °a tl„- et 4 t e pla bed • Sec. 130 -80. Commercial Wishing NVillage +District (CFV). (a) The following uses are permitted as of right in the commercial fishing village district: (1) Commercial fishing; (2) Detached dwellings; (3) Accessory uses; (4) Replacement of an existing antenna- suporting structure pursuant to section 146 -5(2); (54) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (26) Home occupations Special use permit required; commercial fishing does not require a special use permit. 130 -53 Keith and Schnars, P.A. Land Development Code: Sept 2015 OPINION*. WININ zies� 2 The tv" i t :ed t,-°°s sh be e dist,-ib °a tl„- et 4 t e pla bed • Sec. 130 -80. Commercial Wishing NVillage +District (CFV). (a) The following uses are permitted as of right in the commercial fishing village district: (1) Commercial fishing; (2) Detached dwellings; (3) Accessory uses; (4) Replacement of an existing antenna- suporting structure pursuant to section 146 -5(2); (54) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (26) Home occupations Special use permit required; commercial fishing does not require a special use permit. 130 -53 Keith and Schnars, P.A. Land Development Code: Sept 2015 ° ° „t „a zies� 2 The tv" i t :ed t,-°°s sh be e dist,-ib °a tl„- et 4 t e pla bed • Sec. 130 -80. Commercial Wishing NVillage +District (CFV). (a) The following uses are permitted as of right in the commercial fishing village district: (1) Commercial fishing; (2) Detached dwellings; (3) Accessory uses; (4) Replacement of an existing antenna- suporting structure pursuant to section 146 -5(2); (54) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (26) Home occupations Special use permit required; commercial fishing does not require a special use permit. 130 -53 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) The following uses are permitted as minor conditional uses in the commercial fishing village district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached dwellings, provided that the structures are separated from existing detached dwellings by 100 feet or a class D bufferyard; (2 -3) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (34) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (4 -5) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c) In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental duality and community character, the CFV District is given the following special considerations: 4rom 130 -77 > (1) CFV, under minor conditional use, may vary the requirements of the district, (2) Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements, (3) Sanitary toilet facilities may be provided by using approved portable units, (4) Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices, (5) The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts, (6) Lighting requirements may be reduced or waived where the Planning Director and County Biologist agree that light intrusion, either to adjoining properties or waterfront areas, will have no adverse effect on community character or habitat, and 130 -54 Keith and Schnars, P.A. Land Development Code: Sept 2015 . ... . ...... (c) In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental duality and community character, the CFV District is given the following special considerations: 4rom 130 -77 > (1) CFV, under minor conditional use, may vary the requirements of the district, (2) Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements, (3) Sanitary toilet facilities may be provided by using approved portable units, (4) Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices, (5) The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts, (6) Lighting requirements may be reduced or waived where the Planning Director and County Biologist agree that light intrusion, either to adjoining properties or waterfront areas, will have no adverse effect on community character or habitat, and 130 -54 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (7) Except for commercial retail and wholesale operations, parking requirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or parcels shall proportionately meet this same requirement. Sec. 130 -81. Destination r-Resort dDistrict (DR). (a) The following uses are permitted as of right in the dDestination (Resort district: (1) Sin family dD etached dwellings ded t4at t4e lot has sttffieiefi ea a diffi ensions meet r I of F.A.G. eh ; (2) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134 -1; (3) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (4) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (5) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (7) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). (b) The following uses are permitted as minor conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: Ore of f,,.,.,, ,.,, ft hotels pfev ided f> (1) Hotels, provided that: A. +O The hotel has restaurant facilities on of adjaeeiit the premises that will accommodate no less than one -third of all hotel guests at maximum occupancy at a single serving; b.{-2) There are at least two satellite eating and drinking facilities, each accommodating at least 25 persons; c.{} A separate meeting /conference and entertainment area that can also function as a banquet facility; 1.(4) A lobby that provides 24 -hour telephone and reservation service; e.{�} Active and passive recreation land -based activities are available, with a minimum of tennis courts or racquetball courts, or a spa/exercise room, provided at the standards 130 -55 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update given below and at least two additional active and one additional passive recreational facility, including, but not limited to, the following: Active Recreational Facilities Tennis court 1/25 units Racquetball court 1/25 units Spa/exercise room, of no less than 500 square feet 0b8 eFV ff6 E)ff 11150 units l Dance floor 1/hotel Playfield /playground 11150 units Miniature golf course 1 /hotel Golf course 1 /hotel Shuffleboard court, or other court games 2/50 units Fitness course 1 /hotel Passive Recreational Facilities Nature trail walk 1 /hotel Game room 11150 units Garden area 1 /hotel Observation area 1 /hotel Other uses may be substituted for these with the written approval of the director of planning stating the standards used and the manner in which guests will be served by such facilities. The director of planning shall base his decision on generally accepted industry standards for comparable destination resorts; L(o Active and passive water - oriented recreational facilities are available, a minimum of a swimming pool, or swimming areas, at the rate of seven square feet of water surface (excluding hot tubs and Jacuzzi) per hotel room (this requirement may be converted to linear feet of shoreline swimming area at a ratio of one linear foot of beach per seven square feet of required water surface); &, Access to U.S. 1 is by way of: 130 -56 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 1 -a. An existing curb cut; 24. A signalized intersection; or 3s. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; h.(4) Each hotel establishes and maintains shuttle transport services to airports and tourist attractions to accommodate ten percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; i.(94 On -site employee housing living space is provided in an amount equal to ten percent of the approved floor area in guest rooms; and such housing shall be of any of the following types: dormitory, studio, one bedroom, two bedrooms and shall be in addition to the approved hotel density and shall be used exclusively by employees qualifying under the employee housing provisions elsewhere in this chapter; and j.(44) Commercial retail is provided at a minimum of 200 square feet to include convenience retail, food sales and gifts in one or more sites, excluding restaurants as required by subsection (b)(1) of this section, and in addition one and 1.3 square feet commercial retail per each guest room greater than 150 rooms. Additional commercial retail may be provided subject to the floor area ratio limitations of this chapter. Commercial retail may consist of dive shops, boat rentals, gift shops, barber /beauty services, travel agencies, provided that there is no extension signage advertising these amenities to the general public. Water - related services and activities shall be located immediately proximate to the water unless otherwise prohibited. (c) The following uses are permitted as major conditional uses in the destination resort district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. There are a minimum of seven boat slips, but the total number of boats stored on -site or elsewhere for guests or employees shall be no greater than one per hotel room; b. The parcel for development has access to water at least four feet below mean sea level at mean low tide; c. The sale of goods and services is limited to fuel, food, boating, and sport fishing products; d. All boat storage shall be confined to wet slips or enclosed dry storage; 130 -57 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update e. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at least six feet in height; and elevated racks, frames, or structures shall be enclosed on at least three sides from the ground to the highest point of the roof, f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and g. Live - aboard vessels are prohibited; (2) Attached and detached dwellings, housing designated as employee housing as provided as employee housing as provided for in section 139 , provided that: a. They are built for and occupied by employees of the destination resort facilities; b. The total area is no less that ten percent of the approved floor area in guest rooms of the resort /hotels within the development; c. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and d. The parcel proposed for development is separated from any established residential use by a class C bufferyard; (3) Attached r°�l dwelling units pfevided t4at t4e lot has sttffieiefit land afea and diffiefisieffs to meet t4e of F.A.G. eh. 64E 6, fef �he iffstallatieff of off tfeatffiefit systems; (4) New antenna - supporting structures, pursuant to section 146 -5(1); I. U • (65) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and 130 -58 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every 25 linear feet of screening structure and one understory tree for every ten linear feet of screening structure; 2. The required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV ; and 4. A solid fence may be required upon determination by the planning director. Sec. 130 -82. Industrial Ddistrict (I). (a) The following uses are permitted as of right in the industrial district: (1) Restaurants of less than 5,000 square feet of floor area; (2) Office uses of less than 5,000 square feet of floor area; (3) Attached and detached dwellings involving less than six units, designated as employee housing as provided for in section 139 -1; a nd t 4 (4) Commercial apartments involving less than six dwelling units; (5) Commercial fishing; (6) Institutional uses; (7) Light industrial uses; (8) Public buildings and uses; (9) Accessory uses; (10) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (11) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (12) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); 130 -59 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (14) Satellite earth stations as accessory uses pursuant to section 146 -5(6)_ • .R (b) The following uses are permitted as minor conditional uses in the industrial district, subject to the standards and procedures set forth in chapter 110, article III: (1) Office uses of 5,000 to 20,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial apartments involving six or more dwelling units, provided that: a. The hours of operation of the commercial uses proposed in conjunction with the apartments are compatible with residential uses; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Attached and detached dwellings involving six or more units, designated as employee housing as provided for in section 139 -1, (4 -3) New antenna - supporting structures, pursuant to section 146 -5(1); and (54) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in another land use district land, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; 130 -60 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The wastewater treatment facility, wastewater treatment collection systems, and accessory uses shall be screened by structures designed to: 1. Be architecturally consistent with the character of the surrounding community; 2. Minimize the impact of any outdoor storage, temporary or permanent; and 3. A solid fence may be required upon determination by the planning director; c. Where a district boundary buffer is not required as set forth in chapter 114, article IV, a planting bed, eight feet in width, shall be established to buffer the facility, providing the following: 1. One native canopy tree for every 25 linear feet of fence; 2. One understory tree for every ten linear feet of fence; 3. The required trees shall be evenly distributed throughout the planting bed; and 4. The planting bed shall be installed as set forth in chapter 114, article IV (c) The following uses are permitted as major conditional uses in the industrial district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and d. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (2) Resource extraction, provided that: a. The parcel proposed for excavation is a part of a lawfully operated, active quarry on the effective date of the ordinance from which this chapter is derived; b. Excavation equipment is screened from view by any established residential use; and 130 -61 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. A reclamation plan is prepared and implemented in accordance with the requirements of the plan; and (3) Heavy industrial uses, provided that: a. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and b. The parcel proposed for development is separated from any established residential use by a class F bufferyard_; Sec. 130 -83. Improved Ssubdivision Ddistrict (IS). (a) The following uses are permitted as of right in the improved subdivision district: (1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all types; (2) IS -M: In those improved subdivision districts with an M subdistrict indicator, only detached dwellings of masonry appearance^^n�� (3) IS -D: In those improved subdivision districts with a D subdistrict indicator: a. Detached dwellings; and b. Duplexes; (4) Home occupations—Special use permit required; (5) Accessory uses; (6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (8) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) Vacation rental use is prohibited in all IS districts and subdistricts, except in: (1) IS -V districts (as set forth in section 130 -8 -34); and 130 -62 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) In gated communities that have: a. Controlled access; and b. A homeowner's or property owner's association that expressly regulates or manages vacation rental uses. (c) The following uses are permitted as minor conditional uses in the improved subdivision district, subject to the standards and procedures set forth in chapter 110, article III: (1) Parks and eemmttaity par s (42) Institutional uses limited to -Sschools; and (43) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (d) The following uses are permitted as major conditional uses in the improved subdivision district, subject to the standards and procedures set forth in chapter 110, article III: - ffiv of 1, of a d edieat€d fight of vT -y' to sen ,, a f U CT WiNg ME ar ha' 0 O 0 �t;..Z, 'dent t E��c s -C rffe a and 130 -63 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1 -2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); rfiil= l�5�lrls�E!!�le�!!�I .�/_'� %_...n1R.1�,.1pR- tS,..�� (24)Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure; 2. The required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV maititaitied iii ; and 4. A solid fence may be required upon determination by the planning director. (e) The following lawfully established nonresidential uses in the Improved Subdivision Fesident and use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDRs Section 9 -212 and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: (11) Commercial retail office, or any combination thereof, of low- and medium - intensity, Of of less than 2,500 square feet of floor area, provided that: 130 -64 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. 4 The parcel of land on which the commercial retail use is to be located abuts the right -of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. l; b.{2} The structure must be located within 200 feet of the centerline of U.S. l; c.{} The commercial retail use does not involve the sale of petroleum products; A A. commercial retail use does not involve the outside storage or display of goods or merchandise; e.{�} There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located; f(O The structure in which the commercial retail use is to be located is separated from the U.S. 1 right -of -way by a class C bufferyard; &, The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; h.(4} No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right -of -way for U.S. l; and L" The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. (2) Marinas, provided that: a. The parcel proposed for development has continuous access to water of depths of at least four (4) feet below mean sea level at mean low tide, b. The use does not involve the sale of goods or services other than private clubs, sport fishing charters, boat dockage and storage, C. All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure, d. Vessels docked or stored shall not be used for live- aboard purposes; e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six (6) feet in height, _ and 130 -65 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, and g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. Sec. 130 -84. Improved Ssubdivision Ddistrict­vVacation r-Rental dSistrict (IS -V). In addition to the as of right and conditional uses listed above in section 130 -83, vacation rental uses are allowed as of right (subject to the regulations established in section 134 -1) in those improved subdivision vacation rental districts with the sub - indicator V (vacation rental). A map amendment designating a contiguous parcel as IS -V may be approved, provided that the map amendment application (and subsequent building permit applications and special vacation rental permit applications) meet the following standards, criteria and conditions: (1) The IS -V designation is consistent with the 2010 Comprehensive Plan and there is no legitimate public purpose for maintaining the existing designation; (2) The IS -V designation allowing vacation rental use does not create additional trips or other adverse traffic impacts within the remainder of the subdivision or within any adjacent IS district; (3) The parcel to be designated IS -V must contain sufficient area to prevent spot- zoning of individual parcels (i.e., rezonings should not result in spot -zoned IS -V districts or result in spot -zoned IS districts that are surrounded by IS -V districts). Unless the parcel to be rezoned contains the entire subdivision there will be a rebuttable presumption that spot - zoning exists, but the board of county commissioners may rebut this presumption by making specific findings supported by competent, substantial evidence that: a. The designation preserves, promotes and maintains the integrity of surrounding residential districts and overall zoning scheme or comprehensive plan for the future use of surrounding lands; b. Does not result in a small area of IS -V within a district that prohibits vacation rentals; c. The lots or parcels to be designated IS -V are all physically contiguous and adjacent to one another and do not result in a narrow strip or isolate pockets or spots of land that are not designated IS -V, or which prohibit vacation rentals; and d. The IS -V designation is not placed in a vacuum or a spot on a lot -by -lot basis without regard to neighboring properties, but is a part of an overall area that allows vacation rentals or similar compatible uses; 130 -66 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4) In addition to the requirements contained in section 114 -126 (district boundaries), an IS- V district shall be separated from any established residential district that does not allow tourist housing or vacation rental uses by no less than a class C bufferyard; (5) Vacation rental use is compatible with established land uses in the immediate vicinity of the parcel to be designated IS -V; and (6) Unless a map amendment is staff generated (i.e., initiated by the county), an application for a map amendment to IS -V shall be authorized by the property owners of all lots or parcels included within the area of the proposed map amendment. Sec. 130 -85. Maritime (industries Ddistrict (MI). (a) The following uses are permitted as of right in the maritime industries district: (1) Beat bttilditig fepaif atid stefageLight industrial uses (2) Commercial retail restaurant uses or any combination thereof, of less than 5,000 square feet of floor area; (3) Office uses of less than 5,000 square feet of floor area; (4) Lt aftd4kHeavy industrial uses; (5) Commercial apartments involving less than six dwelling units, but tourist housing uses, vacation rental use, of commercial apartments is prohibited; (6) Attached and detached dwellings involving less than six units, designated as employee housing as provided for in section 139 -1, (26) Commercial fishing; (8) Institutional uses; (9) Public buildings and uses; (10) Accessory uses; (11) Vacation rental use of any nonconforming dwelling units if a special vacation rental permit is obtained under the regulations established in section 134 -1; (12) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); 130 -67 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (13) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (14) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (15) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (16) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). (b) The following uses are permitted as minor conditional uses in the maritime industries district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial apartments involving more than six dwelling units, provided that: a. The hours of operation of the commercial uses proposed in conjunction with the apartments are compatible with residential uses; b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; c. Tourist housing uses, including vacation rental use of commercial apartments is prohibited; (2) Attached and detached dwellings involving six or more units, designated as employee housin as provided for in section 139 -1, (1-2) Hotels of fewer than 50 rooms, provided that= a. The tiblev� established lafidttses in t4e immediate vieinity an "one or more of the following amenities are available to guests: 1. Swimming pool; 2. Marina; and 3. Tennis courts; and (4 -3) New antenna - supporting structures, pursuant to section 146 -5(1). 130 -68 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) The following uses are permitted as major conditional uses in the maritime industries district, subject to the standards and procedures set forth in chapter 110, article III: (1) Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on ^r adjaeefi* to the premises; b. One or more of the following amenities are available to guests: 1. Swimming pool, or 2. Docking facilities, or 3. Tennis courts_ and ch. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and d. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (3) "Agricultural uses, limited to mariculture, provided that: ah. The parcel proposed for development is separated from any established residential uses by at least a class C bufferyard; and 130 -69 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update bc-. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (54) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: a. The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every 25 linear feet of screening structure; 2. One understory tree for every ten linear feet of screening structure and the required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV maititaitied iii ; and 4. A solid fence may be required upon determination by the planning director. Sec. 130 -86. Military F €acilities Ddistrict (MF). (a) The following uses are permitted as of right in the military facilities district: (1) Detached r°si defitia l dwellings; (2) Attached fe 'gal dwellings; (3) Commercial retail and restaurant uses; (4) Institutional uses; (5) Institutional residential; (6) Offices; 130 -70 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (7) Public buildings or uses; (8) Airports; (9) Accessory uses; (10) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (11) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (12) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (13) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6); and (14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5). (b) The following uses are permitted as major conditional uses in the military facilities district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; and Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (2) New antenna - supporting structures, pursuant to section 146 -5(1); Sec. 130 -87. Mainland N -native A -area Ddistrict (MN). All development permitted in the mainland native area district shall comply with applicable rules and regulations of the Big Cypress National Preserve. ( -�) The following uses are permitted as of right in the mainland native area district: Detached fe 'gal dwellings; Qb-. Beekeeping; 130 -71 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update �E Accessory uses; a)4- Home occupations Special use permit required; ��. Tourist housing uses, including vacation rental uses, are prohibited; L6,)f.- Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); and Qg Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (b -2) The following uses are permitted as a-minor conditional use in the Mainland Native Area district, subject to the standards and procedures set forth in chapter 110, article III: Educational and research centers, including campground spaces, provided that: a4-. No more than two camping spaces are provided per acre; b -2. No development of any kind is permitted in wetlands, except unenclosed, elevated structures on pilings or poles; 63. No buildings are permitted, enclosed or otherwise except for buildings devoted to educational, research or sanitary purposes of no more than 1,000 square feet per acre and not more than 10,000 square feet in any single campground; and d4. The site proposed for the center is at least five acres. Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). ORMWRI . -- �w_ m �. r r • Sec. 130 -88. Mixed Uttse District (MU). (a) The following uses are permitted as of right in the mixed use district: (1) Detached resi dentia l dwellings; (2) Commercial retail office, restaurant uses, or any combination thereof of low- and medium- intensity, and ^tee° ttses of any eembinatio t4efeaf of less than 2,500 square feet of floor area; (3) Institutional residential uses, involving less than ten dwelling units or rooms; 130 -72 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4) Commercial apartments involving less than six dwelling units, but tourist housing use, including vacation rental use, of commercial apartments is prohibited; (5) Commercial recreational uses limited to: a. Bowling alleys; b. Tennis and racquetball courts; c. Miniature golf and driving ranges; d. Theaters; e. Health clubs; and f. Swimming pools; (6) Commercial fishing; (�7) Institutional uses;, and a ee e sset z y F eside n tial , o i less tha to erfeeffis (83) Public buildings and uses; ( 4-0) Home occupations Special use permit required; (10-�) Gemaittaity pl!arks; (11 -2) Accessory uses; (12 -3) Vacation rental use of detached dwelling units is permitted if a special vacation rental permit is obtained under the regulations established in section 134 -1; (134) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (14 -5) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (156) Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); (16 -7) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); 130 -73 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (17 -9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); (189) Attached and ,,,,.,ttaeh°a tvsidefitial detached dwellings involving less than six units, designated as employee housing as provided for in section 448139 -16-�; and (2:919) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the mixed use district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached fe 'gal dwellings s, provided that: a. The total number of units does not exceed four; and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) Commercial recreationa4 uses (indoor and outdoor) excluding amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Commercial retail office, restaurant uses, or any combination thereof of low- and medium - intensity, and ^ffi^° ttses of any eembination 4iefeef and of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Commercial retail office, restaurant uses, or any combination thereof of high - _intensity mss, and o ffiee ttses of any w,i.inatio t4ereef of and of less than 2,500 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; 130 -74 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (5) Commercial apartments involving six to 18 dwelling units, provided that: a. The hours of operation of the commercial uses are compatible with residential uses; b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; c. Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited; (6) Institutional residential uses involving ten or more dwelling units or rooms, providing that: a. The use is compatible with land use established in the immediate vicinity of the parcel proposed for development; b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; c. Tourist housing uses, including vacation rental use, of institutional r°s��r dwelling units is prohibited; (7) Hotels of fewer than 50 rooms, provided that= "one or more of the following amenities is available to guests: 1. Swimming pool; or 130 -75 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 2. Docking facilities or 3. Tennis courts; (8) Campgrounds and recreational vehicle parks provided that: a. The parcel proposed for development has an area of at least five acres; sb. If the use involves the sale of goods and services, other than the rental of camping sites or recreational vehicle parking spaces, such use does not exceed 1,000 square feet and is designed to serve the needs of the campground; and dc. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard; (9) Light industrial uses, provided that: a. The parcel proposed for development is less than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (4- Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (� Attached and t fesidetitial detached dwellings involving six to 18 units, designated as employee housing as provided for in section 448139 -16-�. (c) The following uses are permitted as major conditional uses in the mixed use district subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail office, restaurant uses, or any combination thereof of low- and medium- _intensity and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or 130 -76 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail office, restaurant uses, or any combination thereof of high - _intensity, and of greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Attached r°si defitia l dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; (4) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and d. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (5) Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on of adjaeefi* to the premises; b. One or more of the following amenities are available to guests: 1. Swimming pool, or 2. Docking facilities, or 130 -77 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 3. Tennis courts, and ch. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; and dc-. The parcel proposed for development is separated from any established residential use by a class C bufferyard; (6) Heliports or seaplane ports, provided that: a. The hey heliport is associated with a governmental service facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established residential uses within 500 feet of the parcel proposed for development, the hours of operation for non - emergency aircraft shall be limited to daylight; and e. The use is fenced or otherwise secured from entry by unauthorized persons; (7) Light industrial uses, provided that: a. The parcel proposed for development is greater than two acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; (8) Commercial recreation uses (indoor and outdoor), including amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land has an area of at least two acres, 130 -78 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The parcel is separated from residential districts IS, SR, SR -L, SS, UR, URM, URM -L or established residential uses by at least a class E buffer, and c. Access to U.S. 1 is by wav of: 1. An existing curb cut, 2. A signalized intersection, or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 at least 400 feet, le at ffieff- 16J A , tide • b. The sale of goods and sen4ees is limited to fitel, food, beating, diving and speft fishing Zn pt 6 s; PRIT. RIM-170=1 ON (9) Agricultural uses, limited to mariculture"; (10) New antenna - supporting structures, pursuant to section 146 -5(1); (� Attached and „ rata e h e t:es a„rt:,,' detached dwellings involving more than 18 units, designated as employee housing as provided for in section 448139 -16-�; (4412) Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district, provided that: The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements; b. The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and 130 -79 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. In addition to any district boundary buffers set forth in chapter 114, article IV, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every 25 linear feet of screening structure; 2. One understory tree for every ten linear feet of screening structure and the required trees shall be evenly distributed throughout the planting bed; 3. The planting bed shall be installed as set forth in chapter 114, article IV and 4. A solid fence may be required upon determination by the planning director. Sec. 130 -89. Native Affrea Ddistrict (NA). (a) The following uses are permitted as Hof right in the native area district: (1) Detached fe 'gal dwellings; (2) Beekeeping; (3) Home occupations—Special use permit required; (4) Accessory uses; (5) Tourist housing uses, including vacation rental uses, are prohibited; (6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (7) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); and (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (b) The following uses are permitted as minor conditional uses in the native area district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached fe 'gal dwelling units, provided that: a. The total number of units does not exceed four; and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; 130 -80 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) Public buildings and uses, provided that: a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. The parcel proposed for development is at least two acres; (3) Agricultural uses, provided that: a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; b. The parcel proposed for development is separated from any established residential uses by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall of hedge of at least six feet in height; (4) Parks (passive), Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (26) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c) The following uses are permitted as major conditional uses in the native area district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached residential dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard. level at mean tide. 130 -81 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The ttse does not ifivelve t4e sale of goods or- sen4ees et4et: 4ian beat deekage and stetuge se�s��e�es�� .es�etsr�se�see:tass i!lRT�f . _I S��EIlS�IJSlfl�l7�lliZfi!l�177� . — irEiiilS�Efi!!l�Tf eRiy: �t !!lfl7:N:ST�Sl5�77Ef1S�7�rl1�5 .... kaRiiQM ; ftffd (d) The following lawfully established nonresidential uses in the N *ative A -area land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's, Section 9 -209) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III. (1) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four Meet below mean sea level at mean low tide; 130 -82 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The use does not involve the sale of goods or services other than boat dockage and storage; c. All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; d. Vessels docked or stored shall not be used for live- aboard purposes; All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; and LT-he r.,,., e g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. (2) Solid waste facility, provided that: a. The parcel of land is at least 40 acres; b. All landfill activity occurs no closer than 150 feet to any property line and at least a class F buffer is provided within this setback; c. No fill shall exceed 35 feet in height from the original grade of the property; d. Such operations fully comply with F.S. § 403.701 et seq.; e. A future reclamation plan for the landfill site is presented; f. The incinerator is located so that its operations do not adversely affect surrounding properties; g. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and h. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. Sec. 130 -90. Offshore lisland Ddistrict (OS). (a) The following uses are permitted as of right in the offshore island district: 130 -83 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Detached r°si defitia l dwellings; (2) Camping, for the personal use of the owner of the property on a temporary basis; (3) Beekeeping; (4) Accessory uses; (5) Home occupations—Special use permit required; (6) Tourist housing uses that were established (and held valid state public lodging establishment licenses) prior to January 1, 1996. Vacation rental use, of a dwelling unit in existence as of January 1, 2000, if a special vacation rental permit is obtained under the regulations established in section 134 -1; (7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); and (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (b) The following is permitted as a minor conditional use in the offshore island district (OS), subject to the standards and procedures set forth in chapter 110, article III: LD S -iatellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). Sec. 130 -91. Park and Rr-efuge Ddistrict (PR). (a) The following uses are permitted as of right in the park and refuge district: (1) ; Parks; (2) N4afitiasInstitutional uses (3) Public buildings and uses; (4) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (54) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (6 ) Attached wireless communications facilities as accessory uses, pursuant to section 146- 5(4); and (76) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). 130 -84 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) The following uses are permitted as minor conditional uses in the park and refuge district, subject to the standards and procedures set forth in chapter 110, article III: (1) Campgrounds and recreational vehicle parks provided that: a. The parcel proposed for development has an area of at least five acres; sb. The use does not involve the sale of goods and services other than rental of camping sites, recreational vehicle parking spaces or the sale of goods and services, limited to the needs of the campers, not exceeding 1,000 square feet; (2) Hotels of fewer than 12 rooms, provided that: a. The parcel proposed for development has an area of at least one acre; b. All signage is limited to that permitted for a residential use; and c. The parcel proposed for development is separated from any established residential use by at least a class D bufferyard; and (34) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5). (c) The following uses are permitted as major conditional uses in the park and refuge district, subject to the standards and procedures set forth in chapter 110, article III: land ttse ,,.,°,.l ^ INS DT tt bj e .t to the pfev o f a f ti e l e 1N1 o f t i ..h (1) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide, b. The use does not involve the sale of goods and services other than private clubs, sport fishing charters, boat dockage and storage, C. All boat storage is limited to surface storage on trailers or skids and no boats or other equipment is stored on any elevated rack, frame or structure, d. Vessels docked or stored shall not be used for live- aboard purposes; 130 -85 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height, _ and f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet. Sec. 130 -92. Recreational Vvehicle Ddistrict (RV). (a) The following uses are permitted as of right in the recreational vehicle district: (1) Recreational vehicle s parks . RV spaces are intended for use by traveling recreational vehicles. RV spaces may be leased, rented or occupied by a specific, individual recreational vehicle, for a term of less than 28 days, but placement of a specific, individual recreational vehicle (regardless of vehicle type or size) within a particular RV park for occupancies or tenancies of six months or more is prohibited. Recreational vehicles may be stored, but not occupied, for periods of six months or greater only in an approved RV storage area (designated on a site plan approved by the director of planning) or in another appropriate district that allows storage of recreational vehicles. RV storage areas must meet all land development regulations, floodplain management regulations and building code requirements for storage of recreational vehicles; (2) Commercial retail restaurant uses or any combination thereof, of less than 2,500 square feet of floor area; (3) Accessory uses; (4) Commercial apartments. However, there shall be no more than one commercial apartment unit per three ARV spaces up to ten percent 10% of total spaces allowed or in existence; (5) Vacation rental use of nonconforming detached and attached dwelling units constructed prior to February 16, 2011, if a special vacation rental permit is obtained where necessary under the regulations established in section 134 -1; (6) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2), (16) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3) "Collocations on existing supporting structure "; and (8�) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6) "Satellite earth stations." (b) The following use are as permitted as a-minor conditional uses in the recreational vehicle district, subject to the standards and procedures set forth in chapter 110, article III: 130 -86 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Hotels providing less than 50 rooms, provided that= "one or more of the following amenities are available to guests_; 1. Swimming pool; or 2. Docking facilities orb 3. Tennis court. (2) Attached or detached seasonal residential units, provided that: a. All units within the RV land use district shall be subject to the terms and conditions of a Development Agreement as defined in sections 110 -132, 110 -133 and further defined below. b. The units meet all land development regulations, floodplain management regulations, building code, and life safety requirements for the development of transient structures; c. The development of seasonal residential units shall occur only in gated RV parks with a managing entity responsible for evacuation. d. The proposed site is subject to an approved development agreement with Monroe County detailing at a minimum: 1. All proposed transitional recreational vehicle units; 2. A proposed site plan; 3. A design strategy demonstrating separation of transient unit types on the property for life safety as well as design that is consistent with community character, and any applicable Monroe County design guidelines; 4. A statement of commitment for the park to adhere to transient evacuation regulations; 5. A phasing plan, as appropriate, detailing timelines for project completion; 6. Access to US 1 is by way of: i. An existing curb cut; ii. A signalized intersection; or 130 -87 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update iii. A curb cut that is separated from any other curb cut on the same side of US by at least 400 feet. (3) Parks and eemaittaity par s (4 -5) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4) "Attached wireless communications facilities;" (Sg) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5) "Stealth wireless communications facilities;" and (6 -7) Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory uses, pursuant to section 146 -5(6) "Satellite earth stations." (c) The following uses are permitted as major conditional uses in the recreational vehicle district, subject to the standards and procedures set forth in chapter 110, article III: (1) Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on the premises; ftffd b. One or more of the following amenities are available to guests: 1. Swimming pool, or 2. Docking facilities; or 3. Tennis courts, and ch. Access to US 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; 3. A curb cut that is separated from any other curb cut on the same side of US 1 by at least 400 feet. (2) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean seas -level at mean low tide; 130 -88 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. Vessels docked or stored shall not be used for live- aboard purposes; d. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and e. The parcel proposed for development is separated from any established residential use by a class C buffer -yard. (53) Wastewater treatment facility and wastewater treatment collection systems(s) serving (a) use(s) located in any land use district provided that: a. The wastewater treatment facility and wastewater treatment collection system(s) is (are) in compliance with all federal, state, and local requirements; and b. The wastewater treatment facility, wastewater treatment collection system(s) and accessory uses shall be screened by structures(s) designed to be architecturally consistent with the character of the surrounding community and minimize the impact of any outdoor storage, temporary or permanent; and c. In addition to any district boundary buffers set forth in chapter 114, article IV a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following: 1. One native canopy tree for every 25 linear feet of screening structure and one understory tree for every ten linear feet of screening structure; and 2. The required trees shall be evenly distributed throughout the planting bed; and 3. The planting bed shall be installed as set forth in chapter 114, article IV —a*d mai ntained i et=pe4t4y and 4. A solid fence may be required upon determination by the planning director. Sec. 130 -93. Suburban c-Commercial dDistrict (SC). (a) The following uses are permitted as of right in the sSuburban c-Commercial district: 130 -89 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Commercial retail office, restaurant uses, or any combination thereof of low- and medium- intensity and ^ffi^° mbinat o t4ereef and of less than 2,500 square feet of floor area; (2) Institutional residential uses, involving less than ten dwelling units or rooms; (3) Commercial apartments involving less than six dwelling units; (4) Commercial recreationa4 uses limited to: a. Bowling alleys; b. Tennis and racquetball courts; c. Miniature golf and driving ranges; d. Theaters; e. Health clubs; and f. Swimming pools; (5) Institutional uses; (6) Public buildings and uses; (7) Accessory uses; (98) Vacation rental use of nonconforming detached and attached dwelling units, if a special vacation rental permit is obtained under the regulations established in section 134 -1; (� 9) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (4- Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); (� 11) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (4- Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); (4-413) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6); 130 -90 Keith and Schnars, P.A. Land Development Code: Sept 2015 WN (98) Vacation rental use of nonconforming detached and attached dwelling units, if a special vacation rental permit is obtained under the regulations established in section 134 -1; (� 9) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (4- Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); (� 11) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (4- Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); (4-413) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6); 130 -90 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4- Attached and ttfiattaehed ,.esidert:„' detached dwellings involving less than six units, designated as employee housing as provided for in section 4-39139 -1647; and (4-15) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the -sSuburban sCommercial district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and medium - intensity, and of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail, restaurant uses, or any combination thereof, -tfs -s of high intensity, and of less than 2,500 square feet in floor area; provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Institutional residential uses involving ten to 20 dwelling units or rooms, provided that: ha. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from another curb cut on the same side of U.S. 1 by at least 400 feet; (4) Commercial apartments involving six to 18 dwelling units, provided that: 130 -91 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The hours of operation of the commercial uses are compatible with residential uses; b. Access to U.S. 1 is by way of 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; c. Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited; (5) Hotels of fewer than 25 rooms, provided that: ah. One or more of the following amenities are available to guests: 1. Swimming pool; 2. Docking facilitie or 3. Tennis courts; (6) Campgrounds and recreational vehicle parks, provided that: a. The parcel proposed for development has an area of at least five acres; =Z1. sb. If the use involves the sale of goods and services, other than the rental of camping sites or recreational vehicle parking spaces, such use does not exceed 1,000 square feet and is designed to serve the needs of the campground; and dc. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard; (7) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and 130 -92 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. All outside storage areas are screened from adjacent use by a solid fence, wall or hedge at least six feet in height; (8) Parks and eemmtt park and (9) Attached and tmattaehed residential detached dwellings involving six to 18 units, designated as employee housing as provided for in section 4-39139 -1647. (10) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres, b. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and c. All outside lighting any is designed and located so that light does not shine directly on anyis designed and located so that light does not shine directly on any established residential use, (c) The following uses are permitted as major conditional uses in the -sSuburban sCommercial district subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail office, restaurant uses, or any combination thereof, of low- and medium- _intensity and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail restaurant uses, or any combination thereof, Hof high intensity, and greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Institutional residential uses involving 20 or more dwelling units or rooms; provided that: 130 -93 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ah. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; bs. Tourist housing uses, including vacation rental uses, of institutional residential units are prohibited; (4) Hotels providing 25 or more rooms, provided that: a. The hotel has restaurant facilities on of adjaeefi* to the premises; b. One or more of the following amenities are available to guests: 1. Swimming pool, or 2. Docking facilities; or 3. Tennis courts, and ch. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (5) Marinas, provided that: a. The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a fence, wall or hedge of at least six feet in height; 130 -94 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update d. Any commercial fishing activities are limited to the landing of catch, mooring and docking of boats and storage of traps and other fishing equipment; and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (6) Agricultural uses, limited to mariculture" provided that: a. The ttse is eempatiblev� land ttses established in the immediate vieinity of the PaF ha. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and c-b. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; (7) Heliports or seaplane ports, provided that: a. The helicopter is associated with a government service facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; c. The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established residential uses within 500 feet of the parcel proposed for development, the hours of operation for non-emergency aircraft shall be limited to daylight; and e. The use is fenced or otherwise secured from entry by unauthorized persons; (8) New antenna - supporting structures, pursuant to section 146 -5(1); MINE — (� 9 )_Attached and ,,,,.,ttaehe t:esidefitial detached dwellings involving more than 18 units, designated as employee housing as provided for in section 440139 -16-�. Sec. 130 -94. Suburban Rr-esidential Ddistrict (SR). (a) The following uses are permitted as of right in the suburban residential district: (1) Detached fe 'gal dwellings; 130 -95 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) Parks, excluding tennis courts and swimming poolsGemmtmit y park -s (3) Beekeeping; (4) Home occupations—Special use permit required; (5) Accessory uses; (6) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134 -1; (7) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2), (8�) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (9 -9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (103) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the suburban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached fe 'gal dwelling units, provided that: a. The total number of units does not exceed four per building; b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and c. The parcel proposed for development is separated from any established detached residential use by a class C bufferyard; (2) P e of pfiv^ +Parks, including community tennis courts and swimming pools, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Public buildings and uses, provided that: 130 -96 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Commercial retail office, restaurant uses, or any combination thereof, of low- and medium- _intensit and of less than 2,500 square feet of floor area, provided that: a. The parcel of land on which the commercial retail use is to be located abuts the right - of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. l; b. The structure must be located within 200 feet of the centerline of U.S. l; c. The commercial retail use does not involve the sale of petroleum products; d. The commercial retail use does not involve the outside storage or display of goods or merchandise with the exception that outside sales and display for nurseries may be permitted with the stipulation that required open space and required bufferyards may not be used for display and sales; e. There is no direct access to U.S. 1 from the parcel of land on which the commercial retail use is to be located; f. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right -of -way by a class C bufferyard; g. The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; and h. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right -of -way for U.S. l; rr.4 (Sg) Institutional uses, provided that: 130 -97 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The parcel proposed for development is separated from any established residential uses by a class C bufferyard; and b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (63) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (74-9) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c) The following uses are permitted as major conditional uses in the suburban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached r°sidefitial dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; 130 -98 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) Institutional residential uses, provided that: ah. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and bs. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; b. The ttse does not ifivelve t4e sale of goods and sen4ees othef 4iaa pt4vate e!48, SpEW4 (34) Agricultural uses, provided that: M asF.WrOW-2mm�erss ah. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and bs. All outside storage areas are screened from adjacent uses by solid fence, wall or hedge at least six feet in height; 130 -99 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (5) Campgrounds and recreational vehicle parks provided that: a. The parcel proposed for development has an area of at least five acres; ; sb. If the use involves the sale of goods and services, other than the rental of camping sites of feefeatietial vehiele pafkiiig spa , such use does not exceed 1,000 square feet and is designed to serve the needs of the campground; and dc. The parcel proposed for development is separated from all adjacent parcels of land by at least a class C bufferyard; pfoposed f r d eve epaie (d) The following lawfully established nonresidential and transient uses in the suburban residential land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDRs, Section 9 -206) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III. 130 -100 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Commercial retail office, or any combination thereof, of low- and medium- _intensity, ^ffie° w,i.inatio *'� °r °�� and of less than 2,500 square feet of floor area, provided that: a. The parcel of land on which the commercial retail use is to be located abuts the right - of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. l; b. The commercial retail use does not involve the sale of petroleum products; The commercial retail use does not involve the outside storage or display of goods or merchandise with the exception that outside sales and display for nurseries may be permitted with the stipulation that required open space and required bufferyards may not be used for display and sales; d. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right -of -way by a class C bufferyard; The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; f. No signage other than one identification sign of no more than four square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right -of -way for U.S. l; and g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive; (2) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four Meet below mean sea level at mean low tide; b. The use does not involve the sale of goods and services other than private clubs, sport fishing charters, boat dockage and storage; All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; d. Vessels docked or stored shall not be used for live- aboard purposes; All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six Meet in height; 130 -101 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, and T he pat: e el is sepat:atoa f any es tablished t:esidefiti ttse b a ems G btt etzyard; a g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDR's for this district, whichever is more restrictive. (3) Hotels of fewer than 12 rooms, provided that: a. The parcel proposed for development has an area of at least two acres, b. All signage is limited to that permitted for a residential use, c. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard, and d. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development, and e. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDR's for this district, whichever is more restrictive. Sec. 130 -95. Suburban Rr-esidential Ddistrict (limited) (SR -L). (a) The following uses are permitted as of right in the suburban residential district (limited): (1) Detached resi dentia l dwellings; (2) Gemaittaity pEarks; (3) Beekeeping; (4) Home occupations—Special use permit required; (5) Accessory uses; (6) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134 -1; (7) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2), 130 -102 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (E-7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (9 -9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (103) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the suburban residential district (limited) (SR -L): (1 -2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (2 -3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). Tl�fi _ _F!! ! lEfILTJ:I�!!l517:1.Rf RlEf WEE .. mm. Sec. 130 -96. Sparsely Ssettled Rr-esidential Ddistrict (SS). (a) The following uses are permitted as of right in the sparsely settled residential district: (1) Detached resi dentia l dwellings; (2) Beekeeping; (3) Home occupations—Special use permit required; (4) Accessory uses; (5) Tourist housing uses, including vacation rental uses are prohibited; (6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (8) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the sparsely settled residential district, subject to the standards and procedures set forth in chapter 110, article III: 130 -103 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Attached r°si defitia l dwelling units, provided that: a. The total number of units does not exceed four; and b. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; (2) P ,. of pfiv^ +Parks, including community tennis courts and swimming pools, provided that: a. The parcel of land proposed for development does not exceed five acres; b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and c. All outside lighting is designed and located so that light does not shine directly on any established residential use; (3) Public buildings and uses, provided that: a. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and b. The parcel of land proposed for development is at least two acres; (4) Parks excluding tennis courts and swimming pools and eeffifflunity pafks; (5) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (6) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c) The following uses are permitted as major conditional uses in the sparsely settled residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached r°si defitia l dwelling units, provided that: a. The structures are designed and located so that they are visually compatible with established residential development within 250 feet of the parcel proposed for development; and b. The parcel proposed for development is separated from any established residential use by a class C bufferyard; and 130 -104 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 0 l at 0 �s•�s. �sr�����r.�sr.� _ (2 -3) Agricultural uses, provided that: a. The use is compatible with land uses established in the immediate vicinity of the parcel proposed for development; b. The parcel proposed for development is separated from any established residential uses by at least a class C bufferyard; and All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; R-i-SWim M E .. Ma W�Aw PFOP el-4 130 -105 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update PP IMEMPRI �. mmesm (d) The following lawfully established nonresidential uses in the Ssparsely Settled land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDRs Section 9 -208 and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four Meet below mean sea level at mean low tide; b. The use does not involve the sale of goods or services other than sport fishing charters, boat dockage and storage; All boat storage is limited to surface storage on trailers or skids and no boat or other equipment is stored on any elevated rack, frame or structure; d. Vessels docked or stored shall not be used for live- aboard purposes; e. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; f. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet, andT4e_ sepzaatoa f any es tablished Fesidenti ttse b a ems G bt e yam g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive; (2) Solid waste facility, provided that: a. The parcel of land is at least 40 upland acres; 130 -106 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. All landfill activity occurs no closer than 150 feet to any property line and at least a class F buffer is provided within this setback; c. No fill shall exceed 35 feet in height from the original grade of the property; d. Such operations fully comply with F.S. Section 403.7024- et seq.; e. A future reclamation plan for the landfill site is presented; f. The incinerator is located so that its operations do not adversely affect surrounding properties; g. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and h. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. Sec. 130 -97. Urban Ceommercial Ddistrict (UC). (a) The following uses are permitted as of right in the urban commercial district: (1) Commercial retail of low- and medium - intensity, office uses or restaurant uses, or any combination thereof of less than 5,000 square feet of floor area; (2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of less than 2,500 square feet of floor area; (3) Institutional residential uses involving less than 20 dwelling units or rooms; (4) Commercial apartments involving less than six dwelling units; (5) Commercial recreationa4 uses limited to: a. Bowling alleys; b. Tennis and racquetball courts; c. Miniature golf and driving ranges; d. Theaters; e. Health clubs; and f. Swimming pools; 130 -107 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (6) Institutional uses; (7) Public buildings and uses; (8) Accessory uses; (9) Vacation rental use of nonconforming detached and attached dwelling units if a special vacation rental permit is obtained under the regulations established in section 134 -1; (10) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (11) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (12) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (14) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). (b) The following uses are permitted as minor conditional uses in the urban commercial district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium - intensity, office uses or restaurant uses, or any combination thereof of greater than 5,000 but less than 20,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; 130 -108 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (3) Institutional residential uses involving 20 or more dwelling units or rooms, provided that: pf:epes f r d eve eptne b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Commercial apartments involving six to 18 dwelling units, provided that: a. The hours of operation of the commercial uses are compatible with residential uses; b. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; c. Tourist housing uses, including vacation rental use, of commercial apartments is prohibited; (5) Hotels of fewer than 50 rooms provided that: a. The t1se is eempatible w4h established !a t1ses i1i �he immediate N46-4 � ah. One or more of the following amenities are available to guests: 1. Swimming pools; or 2. Marina; or 3. Tennis courts; and bs. Access to U.S. 1 is by way of: 1. An existing curb cut; 130 -109 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (6) Parks and eemaitt par s , and (7) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres, b. The parcel proposed for development is separated from any established residential use by a class C buffe1yard, and c. All outside lighting is designed and located so that light does not shine directly on any established residential use_ (c) The following uses are permitted as major conditional uses in the urban commercial district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail of low- and medium - intensity, office uses, or restaurant uses, or any combination thereof, of greater than 20,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Hotels providing 50 or more rooms, provided that: a. The hotel has restaurant facilities on of adjaeefi* to the premises; 130 -110 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. One or more of the following amenities are available to guests: 1. Swimming pool, or 2. Docking facilities, or 3. Tennis courts, and ch. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Marinas, provided that: a. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; d. Any commercial fishing activities are limited to the landing of catch, mooring and docking of boats and storage of traps and other fishing equipment; and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (5) ^ ement Commercial recreation uses including amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land has an area of at least two acres; b. The parcel is separated from presidential district IS, SR, SR -L, SS, UR, URM, URM -L or established residential uses by at least a class E buffer; and c. Access to U.S. 1 is by way of: 1. An existing curb cut; 130 -111 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (6) Heliports or seaplane ports, provided that: a. The heliport is associated with a governmental services facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; c. The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established residential uses within 500 feet of the parcel proposed for development, the hours of operation for non - emergency aircraft shall be limited to daylight; and e. The use is fenced or otherwise secured from gentry by unauthorized persons; and (7) New antenna - supporting structures, pursuant to section 146 -5(1), Sec. 130 -98. Urban Rr-esidential District (UR). (a) The following uses are permitted as of right in the urban residential district: (1) Detached r°si defitia l dwellings; (2) Public buildings and uses; (3) Home occupations—Special use permit required; (4) Accessory uses; (5) Vacation rental use if a special vacation rental permit is obtained under the regulations established in section 134 -1; (6) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); 130 -112 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (9) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the urban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Attached fe 'gal dwelling units, provided that: a. Sufficient common areas for recreation are provided to serve the number of dwelling units proposed to be developed; b. All entryways are designed and lighted to allow safe and secure access to all structures from walks and parking areas; and c. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Institutional ara i tis ti „ ie ti ' fesideii6 uses, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Institutional residential uses; (4 -3) Parks ; (54) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); (26) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). 130 -113 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) The following uses are permitted as major conditional uses in the urban residential district, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel provided for development has access to water at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; d. Vessels docked or stored shall not be used for live- aboard purposes; and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet; (2 Time irr estates, iir icr = crscs -- cccccrrory' cr co,�'"'v" - cnzrr a. The ttse is eempatiblev� established land ttses in t4e immediate viei 4 .71 3. A ett4 et4 t4at is sepatuted fFem any et4et: etifb et4 en t4e same side of U.S. 1 by at least 400 • The development h 1, ° f • c�rc pz'�E �ccrrvr- n- srizl mzrcr` Pe— a . . �mimniim�r�z vrzvtrriccreT, ►lA��!!fltRlR}!5 . r !l�:5.. Ofii /!�5ll�S�El�tll� 130 -114 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (d) The following lawfully established nonresidential uses in the Uttrban Rfesidential land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDRs Section 9 -203 and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III- (1) Marinas, (4)a. The parcel has continuous access to water of depths of at least four Meet below mean sea level at mean low tide; (2)b. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing productsef-s; {}c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six Meet in height; (4)d. Vessels docked or stored shall not be used for live- aboard purposes; and (A-4.)e. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDRs for this district, whichever is more restrictive. Sec. 130 -99. Urban Rr-esidential— Mirobile Hhome District (URM). (a) The following uses are permitted, as of right in the urban residential—mobile home district: (1) Mobile homes; (2) Detached fe 'gal dwellings; (3) Recreational vehicles in a registered RV park or park trailers commonly known as `park models' as defined in F.S. 320.01. as pt:evided in F.S. eh. 5 13 (4) Home occupations—Special use permit required; (5) Accessory uses; (6) Tourist housing uses, including vacation rental uses, are prohibited except in gated communities that have: a. Controlled access; and 130 -115 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update b. A homeowner's or property owner's association that expressly regulates or manages vacation rental uses; (7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (9) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following are permitted as minor conditional uses in the urban residential—mobile home district (URM), subject to the standards and procedures set forth in chapter 110, article III: (1) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). (c) The following uses are permitted as major conditional uses in the urban residential— mobile home district, subject to the standards and procedures set forth in chapter 110, article III: b. The sale of goods a-Rd set-viees is limited to ftlel, food, befftifig, diN a-Rd speft fishilig zn pfe s; OWN!= MIN WIN elasrs G bttf fyat:d , a side y t:d sethaek of ten eel 130 -116 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 0 e h an di s 0 1 ON_ se����s�trs .. ��; ,.o�;ae t E s -C rffe a — and (1 -3) Parks ; and (d) The following lawfully established nonresidential uses in the uUrban R residentialMi*obile H home land use district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted uses in the land development regulations that were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's, Section 9 -204) and lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped, make substantial improvements, or be reestablished as an amendment to a major conditional use, subject to the standards and procedures set forth in chapter 110, article III: (1) Marinas, provided that: a. The parcel has continuous access to water of depths of at least four,4 feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing productsef-s; c. Vessels docked or stored shall not be used for live- aboard purposes; d. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six Meet in height; and 130 -117 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDR's for this district, whichever is more restrictive; (2) Commercial retail office, or any combination thereof, of low- and medium- intensity.� and of less than 2,500 square feet of floor area, provided that: The parcel of land on which the commercial retail use is to be located abuts the right - of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. l; b. The commercial retail use does not involve the sale of petroleum products; The commercial retail use does not involve the outside storage or display of goods or merchandise with the exception that outside sales and display for nurseries may be permitted with the stipulation that required open space and required bufferyards may not be used for display and sales; d. The structure in which the commercial retail use is to be located is separated from the U.S. 1 right -of -way by a class C bufferyard; e. The structure in which the commercial retail use is to be located is separated from any existing residential structure by a class C bufferyard; f. No signage other than one identification sign of no more than four 4 square feet shall be placed in any yard or on the wall of the structure in which the commercial retail use is to be located except for the yard or wall that abuts the right -of -way for U.S. l; and g. The use is limited in intensity, floor area, density and to the type of use that existed on January 4, 1996, or limited to the permitted uses and /or the provisions for minor or major conditional uses allowed in the pre -1996 LDR's for this district, whichever is more restrictive. Sec. 130 -100. Urban Rr-esidential Mfnobile Hhome— limited district (URM -L). (a) The following uses are permitted as of right in the Urban Residential Mobile Home - Limited district: (1) Mobile homes; (2) Recreational vehicles in a registered RV park or park trailers commonly known as `park models' as defined in F.S. 320.01. — as pfevided . A. (3) Home occupations—Special use permit required; 130 -118 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4) Accessory uses; (5) Tourist housing uses, including vacation rental uses, are prohibited except in gated communities that have: a. Controlled access; and b. A homeowner's or property owner's association that expressly regulates or manages vacation rental uses; (6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146 -5(6); and (8) Wastewater nutrient reduction cluster systems that serve less than ten residences. (b) The following uses are permitted as minor conditional uses in the urban Residential mobile home limited district (1JRA4 --h), subject to the standards and procedures set forth in chapter 110, article III: (1) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146 -5(6). •„ (1) M at: ;,,.,s idea t4 is l aced. le at ffieff- 16J A , tide • e. The sale of goods and sen4ees is limited to fitel, food, beating, and diving afid spOft f4shi p 6 s; 130 -119 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update .cis ......... . �.,, �. R,,,. �.. �.. �•.• �.:.., �:,.,. �• �.. �. �.,. �.,..,,: �-.. �. �. �., Q..,,,. �. �R. �.. �...: ..�,,.R „�:..0�•�...�. :.,..,..,, TS:El��l.!!iElfll:!!!f!l1�R5.. I �SLI iL'! � !'.��.f!*SI�T�Efl4RT.t5T�1:ST�! C: The eemmetvia tvtail ttse does lie rF ° ctt : 6rccrm pt is to be leeffted-, tvsidefitial stfuE by a elass G btt f yard and Sec. 130 -101 Preservation District (P). (a) There are no permitted uses, including passive or active recreational activities, in the Preservation district. (b) Perimeter fencing is permitted conditioned on minimal clearing to construct the fence, and only where the fencing abuts developed land and contributes to the protection of the preservation area. See. 130 101. Loen! exemption to n1low pntf!ofts' dogs in publie food sef!viee estfiblishments. <Moved to 134 -52> 130 -120 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ee��fe�asr�fKSS rsre���ri�ersrse�� .�Er�s�ssee� =- 130 -121 Keith and Schnars, P.A. Land Development Code: Sept 2015 'Nil N 1 1 4 1 1 ''1 11 11 1 1 ''1 �"I Nil .. .. 130 -121 Keith and Schnars, P.A. Land Development Code: Sept 2015 IPJ�I RIWC 130 -121 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update . Tssas�tie:��ee�+zrr.* 1 9 0 M NO. Walm v NO ON ev NO AvV MR . Tssas�tie:��ee�+zrr.* 1 9 0 M ON ev NO AvV MR . Tssas�tie:��ee�+zrr.* "JEAMIM 1 10 1 11111:111211 r�sr�e�srre�s���estiesss��e�e����sr� . 130 -122 Keith and Schnars, P.A. Land Development Code: Sept 2015 1 9 0 M "JEAMIM 1 10 1 11111:111211 r�sr�e�srre�s���estiesss��e�e����sr� . 130 -122 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update WIN "111 ON - - - -- -- -- -- - -- - - -- -- - - -- - -- -- -- -- -- _ 1R� % \RRT1Sli JlnJ�l��l��l FAI Mill 110101113121111 1111i ����i W . i. it i �i i � WIN "111 ON - - - -- -- -- -- - -- - - -- -- - - -- - -- -- -- -- -- _ 1R� % \RRT1Sli JlnJ�l��l��l 130 -123 Keith and Schnars, P.A. Land Development Code: Sept 2015 110101113121111 1111i ����i W . i. it i �i i � 130 -123 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update rl� rt� �s . rts���rri� rase*��sras��stzs�ne��lstr���. Sec. 130 -102. Commercial l dDistrict (Cl). a) The following uses are permitted as of right in the c-Commercial 1 district: (1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and medium- - intensity, and of ny sembinatien diefee and of less than 2,500 square feet of floor area; (2) Commercial recreationa4 uses limited to: a. Bowling g alleyalleys; b. Tennis and racquetball courts, c. Miniature golf and driving ranges, d. Theaters, e. Health clubs_ and 130 -124 Keith and Schnars, P.A. Land Development Code: Sept 2015 •� rl� rt� �s . rts���rri� rase*��sras��stzs�ne��lstr���. Sec. 130 -102. Commercial l dDistrict (Cl). a) The following uses are permitted as of right in the c-Commercial 1 district: (1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and medium- - intensity, and of ny sembinatien diefee and of less than 2,500 square feet of floor area; (2) Commercial recreationa4 uses limited to: a. Bowling g alleyalleys; b. Tennis and racquetball courts, c. Miniature golf and driving ranges, d. Theaters, e. Health clubs_ and 130 -124 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update f. Swimming pools (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit); (4) Public buildings and uses; (5) Accessory uses; (6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (8) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); (10) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6); (b) The following uses are permitted as minor conditional uses in the'eCommercial 1 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and medium - intensity, and ^ffi^° ,,,i roan,^ 4iereef and of greater than 2,500 but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail restaurant uses or any combination thereof, of high intensity and of less than 2,500 square feet in floor area; provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Parks ; ftffd 130 -125 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (4) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and (5) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres, b. The parcel proposed for development is separated from any established residential use by a class C bufferyard, and c. All outside lighting any is designed and located so that light does not shine directly on anyis designed and located so that light does not shine directly on any established residential use. (c) The following uses are permitted as major conditional uses in the sCommercial 1 district subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail office, restaurant uses, or any combination thereof, of low- and medium- _intensity and of greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail restaurant uses or any combination thereof, of high intensity and of greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; and (3) New antenna - supporting structures, pursuant to section 146 -5(1), 130 -126 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 130 -103. Commercial 2 dDistrict (C2). (a) The following uses are permitted as of right in the c-Commercial 2 district: (1) Commercial retail office, restaurant uses, or any combination thereof, of low- and medium- _intensity and of less than 10,000 square feet of floor area; (2) Commercial retail restaurant uses or any combination thereof, of high intensity and of less than 5,000 square feet of floor area; (3) Commercial recreationa4 uses, limited to. a. Bowfin _g alleyalleys; b. Tennis and racquetball courts, c. Miniature golf and driving ranges, d. Theaters, e. Health clubs, and f. Swimming pools (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit); (5) Public buildings and uses; (6) Accessory uses; (7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146- 5(4); (9) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2); (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146- 5(5); and (11) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). 130 -127 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) The following uses are permitted as minor conditional uses in the sCommercial 2 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail office, restaurant uses, or any combination thereof, of low- and medium _ - intensity and of greater than 10,000 but less than 45,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail restaurant uses or any combination thereof, of high intensity and of greater than 5,000 but less than 30,000 square feet of floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Parks and eemaitt r.,fks (4) Light industrial uses, provided that: a. The parcel proposed for development does not have an area of greater than two acres; b. The parcel proposed for development is separated from any established residential use by at least a class C bufferyard; and c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; and (5) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks and drive -in theaters, provided that: a. The parcel of land proposed for development does not exceed five acres, b. The parcel proposed for development is separated from any established residential use by a class C buffe1yard, and 130 -128 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. All outside lighting any is designed and located so that light does not shine directly on anyis designed and located so that light does not shine directly on any established residential use. (c) The following uses are permitted as major conditional uses in the sCommercial 2 district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail office, restaurant use, or any combination thereof, of low- and medium- _ intensity, — a���se�rtie�eaFeor and of greater than 45,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (2) Commercial retail restaurant uses or any combination thereof, of high intensity and of greater than 30,000 square feet in floor area, provided that access to U.S. 1 is by way of: a. An existing curb cut; b. A signalized intersection; or c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (3) Commercial recreation uses, including - ramusement or sea life parks and drive -in theaters, provided that: a. The parcel of land has an area of at least two acres; b. The parcel is separated from residential districts IS, SR, SR -L, SS, UR, URM, URM -L or established residential uses by at least a class E buffer; and c. Access to U.S. 1 is by way of: 1. An existing curb cut; 2. A signalized intersection; or 3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least 400 feet; (4) Marinas, provided that: 130 -129 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The parcel proposed for development has access to water of at least four feet below mean sea level at mean low tide; b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products; c. All outside storage areas are screened from adjacent uses by a solid fence, wall or hedge at least six feet in height; d. Any commercial fishing activities are limited to the landing of catch, mooring and docking of boats and storage of traps and other fishing equipment; and e. Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback often feet; (5) Heliports or seaplane ports, provided that: a. The heliport is associated with a governmental services facility, a law enforcement element or a medical services facility; b. The heliport or seaplane port is a Federal Aviation Administration certified landing facility; c. The landing and departure approaches do not pass over established residential uses or known bird rookeries; d. If there are established residential uses within 500 feet of the parcel proposed for development, the hours of operation for non-emergency aircraft shall be limited to daylight; and e. The use is fenced or otherwise secured from gentry by unauthorized persons; and (6) New antenna - supporting structures, pursuant to section 146- 5(1)..d Secs. 130 - 104 -130 -119. Reserved. 130 -130 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE IV. OVERLAY DISTRICTS Sec. 130 -120. Agricultural/aquacultural use overlay (A). The Agricultural /Aquacultural Use zoning overlay district provides classifications of property for existing or future agricultural/ aquacultural uses. Property identified on the Monroe County Future Land Use Map with a designation of "A" may have be T et:la a o n-any -et: exi land use district as its designated zoning category The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: Residential Allocated Density (Per Upl_an_d Acre) 0 du 0 rooms /spaces Maximum Net Density (Per Buildable Acre) N/A N/A Sec. 130 -121. Military airports overlay (MA) 0.25 Theis Military Airports zoning _ o verlay - district provides classifications of property for existing or future military airports and regulates uses around, adjacent to, and in the approach zones of military airports in order to - : -Restablish the control of obstructions and construction of structures affecting navigable airspace in accordance with criteria delineated in volume XI, part 77 in Federal Aviation Regulations, Florida Department of Transportation regulations, and this seetie}fchapter Sec. 130 -122. Coastal barrier resources system overlay district (CBRS). (a) Federal purpose. The purpose of the federal Coastal Barrier Resources Act (CBRA) is to discourage further development in certain undeveloped portions of coastal barriers and remove the federal incentive to develop these areas. The federal law limits new federal expenditures and financial assistance, including flood insurance. These federal public expenditure limitations have the effect of discouraging development in areas the U.S. Department of the Interior designates as coastal barriers within the Coastal Barrier Resources System (CBRS). The CBRS protects coastal areas that serve as barriers against wind and tidal forces caused by coastal storms, and serve as habitat for aquatic species. Nonresidential Maximum Intensity (Floor Area Ratio) 130 -131 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (b) County purpose. The county includes the federal CBRS system units, excluding OPAs, located within unincorporated Monroe County, except for the improved port property along the safe harbor entrance channel within system unit FL -57, as an overlay district. The purpose of the County's c-Coastal 4Barrier r System overlay district is to implement the policies of the c-Comprehensive pElan by discouraging the extension and expansion of specific types of public facilities, including potable water, and /or electric services and /or telephone services to undeveloped lands designated as a system unit of the CBRS. (c) Application. The c-Coastal 4Barrier (Resources System overlay district shall be overlaid on all areas, except for the improved port property along the safe harbor entrance channel within system unit FL -57, within federally designated boundaries of a CBRS system unit on current (February 18, 2005) flood insurance rate maps approved by the Federal Emergency Management Agency, which are hereby adopted by reference and declared part of this chapter. Within this overlay district, the transmission and /or collection lines of the following types of public facilities, including potable water, and /or electric services and /or telephone services shall be discouraged from extension or expansion to undeveloped CBRS units potable water, electricity, and telephone. The maintenance, restoration, replacement and upgrading of existing public facilities, including potable water, and /or electric services and /or telephone services is not discouraged. The County may allow extension or expansion of these facilities and services if consistent with Comprehensive Plan Policy 101.12. This discouragement shall not apply to wastewater nutrient reduction cluster systems or central wastewater treatment collection systems, water distribution and sewer collection lines, pump /vacuum /lift stations, cluster systems, or small package plants /treatment facilities, which are encouraged. For vacant property within the CBRS overlay district, it is presumed that non -CBRS lands are available for development and that development within CBRS system units can be avoided. This presumption may be rebutted only if the owner(s) of the vacant CBRS property obtains approval through the county's ROGO/NROGO /Tier system. (d) County public improvements. Except for wastewater systems, undeveloped areas of the CBRS overlay district, County public tax dollars and /or county financial assistance should not be used for new public facilities, including potable water, and /or electric services and /or telephone services, unless an analysis is conducted pursuant to Policy 101.12.42, and: 216.4.2 (1) Based on the analysis, the BOCC makes a specific finding that such new improvements are to protect the public health, safety and welfare, no reasonable alternatives exist to the proposed location, and the proposed location is approved by a supermajority of the BOCC; and /or (2) Such new improvements and /or financial assistance are consistent with the federal exceptions pursuant to section 6 of the CBRA. Sec. 130 -123. Educational use overlay (E). 130 -132 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update The Educational Use zoning overlay district provides classifications of property for public educational facilities. identified on the Monroe County Future Land Use Map with a designation of "E" may have be , vet :lai any et: existing-land use district as its designated zoning g catego y . The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: Residential Allocated Density (Per Upl_an_d Acre) Maximum Net Density (Per Buildable Acre) 0 du 0 rooms /spaces N/A N/A Sec. 130 -124. Correctional Facility overlay (CF). Nonresidential Maximum Intensity (Floor Area Ratio) 0.30 The purpose of the Correctional Facility zoning overlay district is to identify compatible areas for the development of facilities for detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law. Maximum permitted densities and intensities shall be in accordance with the underlying land use (zoning) district. . <moved to 134 -2> .e�s�rs�e��ers�sfrse:� WON 130 -133 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update !tit The he )f i e t. „s;l.to f e ., e t et: 0 s id ef ti st fue t twe re 9 (12) The home eee"ation does fiet dispose of any selidwaste at t4e home bttsifiess addt:ess 130 -134 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update misleading ififet=matieff,- 130 -135 Keith and Schnars, P.A. Land Development Code: Sept 2015 -- 7---v I IN misleading ififet=matieff,- 130 -135 Keith and Schnars, P.A. Land Development Code: Sept 2015 I IN misleading ififet=matieff,- 130 -135 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update �hi et , r� Sec. 130 -125. Institutional use overlay (INS). The Institutional Use zoning overlay district provides classifications of property for institutional uses by federally tax - exempt, non -profit facilities, including, but not limited to, educational, scientific, religious, social service, cultural, and recreational organizations. Aiiy tise Property identified in the Mefit:ee Gettaty Yeat: 2010 Gempt:ehefisive Plan as lfistittttiefial (INS) an fttt4het: identified on the Monroe County Future Land Use Map with a designation of "INS" may have be ,,., °,4ai any fiev� et: exist land use district as its designated zoning category The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: Residential Allocated Density (Per Upland Acre) Maximum Net Density (Per Buildable Acre) 0 du 315 rooms /spaces N/A 624 rooms /spaces Sec. 130 -126. Public bBuildings / use overlay (PB). Nonresidential Maximum Intensity (Floor Area Ratio) 0.30 The Public Buildings /Lands Use zoning overlay district provides classifications of property for public buildings and grounds owned by federal, state and local g overnments which serve the population of the County. use Property identified in the Monroe County Y eat: 2010 Comprehensive Plan as Public Buildings /Lands (PB) and 4uf4wr identified on the Monroe County Future Land Use Map with a designation of "PB" may have be ,.., -l a any tiew e� existing use district as its designated zoning category The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: 130 -136 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Allocated Density (Per Upl_an_d Acre) Residential Maximum Net Density (Per Buildable Acre) Nonresidential Maximum Intensity (Floor Area Ratio) 0 du 0 rooms /spaces N/A N/A Sec. 130 -127. Public €Facilities use overlay (PF). 0.30 The Public Facilities Use zoning overlay district provides classifications of property owned by public and private utilities and service providers. Any w€ Property identified in the Monroe County Teat: 2010 Comprehensive Plan as Public Facilities (PF) and identified on the Monroe County Future Land Use Map with a designation of "PF" may have be , vet :lai any ReA -ete�� land use district as its designated zoning g category The use within the overlay district shall be subject to all land development regulations of the underlying zoning district with the exception of those regulations controlling density and intensity. The use within the overlay district shall be developed with the following density and intensity regulations: Residential Allocated Density (Per Upl_an_d Acre) Maximum Net Density (Per Buildable Acre) 0 du 0 rooms /spaces N/A N/A Nnnresi denti a l Maximum Intensity (Floor Area Ratio) 0.30 Sec. 130 -128. Tavernier Creek to Mile Marker 97 U.S. Highway 1 corridor district overlay (TC). (a) Purpose. The purpose of the Tavernier Creek to Mile Marker 97 U.S. Highway 1 corridor district overlay is to implement the policies of the Cc-omprehensive Pplan and Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan by protection of existing resources and enhancement of future development. (b) Application. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development Standards and Guidelines are hereby adopted by reference and declared a part of this chapter. Within the overlay district, as designated on the Tavernier Creek to Mile Marker 97 U.S. Highway 1 District Overlay Map, uses permitted as of right and uses requiring a minor or major conditional use permit shall be reviewed based upon the Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development Standards and Guidelines and approved if found in compliance with these standards and guidelines. 130 -137 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) Amendment. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development Standards and Guidelines may be amended by resolution of the d of eettaty BOCC upon recommendation of the pPlanning'eCommission and the director of planning. Sec. 130 -129. Tavernier historic district overlay TH . (a) Purpose. The purpose of the Tavernier historic district overlay is to implement the policies of the Cc-omprehensive Pplan and Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan to protect the historic resources of the community and to encourage development that is sensitive and compatible with the historic character of the Tavernier historic district as identified through the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan. (b) Application._ The Tavernier Historic District Preservation Guidelines are hereby adopted by reference and declared part of this chapter. Within the overlay district, the county historic preservation commission shall review new development, remodeling or redevelopment of uses permitted as of right and uses requiring a minor or major conditional use permit, based on the Tavernier Historic District Preservation Guidelines. (c) Amendment. The Tavernier Historic District Preservation Guidelines may be amended by resolution of the beat: of 6ief°rsBOCC upon recommendation of the p lanning c-Commission and the director of planning. Sec. 130 -130. Tier overlay district. (a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign ROGO and NROGO points, determine the amount of clearing of upland native vegetation that may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be delineated as tier I, II, or III. Lands in the remainder of the unincorporated county, excluding the Ocean Reef planned development, shall be delineated as tier I, III, and III -A (special protection area). (b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where a parcel line or distinct geographical feature, such as a canal or roadway, may be more appropriate. (c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the endangered species maps, property and permitting information and field evaluation. The following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries between different tier overlays: (1) Tier I boundaries shall be delineated to include one or more of the following criteria and shall be designated tier L 130 -138 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. Vacant lands which can be restored to connect upland native habitat patches and reduce further fragmentation of upland native habitat. b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated as appropriate by special species studies, between natural areas and development to reduce secondary impacts. Canals or roadways, depending on width, may form a boundary that removes the need for the buffer or reduces its depth. c. Lands designated for acquisition by public agencies for conservation and natural resource protection. d. Known locations of threatened and endangered species, as defined in section 101 -1, identified on the threatened and endangered plant and animal maps or the Florida Keys Carrying Capacity Study maps, or identified in on -site surveys. e. Conservation, native area, sparsely settled, and offshore island land use districts. f. Areas with minimal existing development and infrastructure. (2) Lands located outside of Big Pine Key and No Name Key that are not designated tier I shall be designated tier III. a. The following conditions shall constitute a break in pinelands or tropical hardwood hammock for calculating the one -acre minimum patch size for designation of tier III - A boundaries: 1. U.S. Highway 1, canals and open water; 2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of 40 percent or more; 3. Property lines of developed lots or vacant lots with a ROGO allocation award or an issued building permit, as of September 28, 2005, located within a Land Use District that allows only one unit per lot; or 4. Property lines of developed parcels of less than 10,000 square feet in area with a ROGOANROGO allocation award or issued building permit, as of September 28, 2005, located within a Land Use District that allows residential development of more than one dwelling unit per parcel /lot or non - residential development. b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005 maps may petition the county for a rezoning to tier III if the lot meets one of the following criteria: 130 -139 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update The lot will be served by a central sewer and the wastewater collection system has an approved permit that was effective March 21, 2006 to construct the system on file from the Department of Environmental Protection; or Such lots may be granted a score of 30 points through an administrative determination made by the county biologist, the Ddirector of Ggrowth M fanagement and rendered to the State Land Planning Agency eemai .,ffai.s until such time as the county sponsors a zoning map change to update the Tier Three Overlay Zoning Map and it is approved by the department of community affairs. c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 1.09 acres in area shall be verified by survey prior to its designation as tier III -A. A hammock that is deemed by survey and a field review by county biologists to fail the minimum size criteria shall have the Special Protection Area designation removed from the subject parcel. (d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005) and the adopted community master plan for Big Pine Key and No Name Key. (e) Tier overlay district map amendments. The tier overlay district map may be amended to reflect existing conditions in an area if warranted because of drafting or data errors or regrowth of hammock. However, the clearing of tropical hardwood hammock or pinelands that results in the reduction of the area of an upland native habitat patch to less than the one -acre minimum shall not constitute sufficient grounds for amending the designation of a tier III -A area to tier III. The tier overlay district map amendments shall be made pursuant to the procedures for map amendments to this chapter. Unlawful conditions shall not be recognized when determining existing conditions and regulatory requirements. (f) Request for tier I designation. Notwithstanding the provisions of section 102 - 158(4)(2), an applicant may submit an application to the Pplanning and Environmental Resources D department containing substantial and competent documentation that an area meets the tier I criteria. Applications must be received by July 1 of each year on a form approved by the Planning D director of planning for consideration by the special magistrate at a public hearing advertised at least 15 days prior to the hearing date. Said hearing by the special magistrate shall be held prior to November 1 of each year. The Planning D director of review the documentation and any other appropriate scientific information and prepare an analysis report for the special magistrate. The special magistrate will render a written opinion to the pPlanning ECommission and bead of eettfity eemalissione sBOCC either that the application meets the criteria for designating the lands as tier I or that the documentation is insufficient to warrant a map amendment. The posting, advertising and review will follow the procedures in section 102 - 158(4)(3), (d)(4) and (d)(5). 130 -140 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 130 -131. Rockland Key Commercial Retail Center Overlay District. (a) Purpose and intent. The purposes of the Rockland Key Commercial Retail Center Overlay District is to implement applicable goals, objectives, and policies of the Csomprehensive Pplan and to allow larger -scale commercial retail development in a non - environmentally sensitive area of the Lower Keys that primarily serves the needs of permanent residents of the Lower Keys. The intent is to protect and maintain the character of the residential areas in the Lower Keys by allowing larger -scale commercial retail development within the overlay district, a scarified area that has historically been developed with nonresidential uses. (b) Boundary. The Rockland Key Commercial Retail Center Overlay District shall be shown as an overlay district on the Official Land Use District Map. (c) Environmental protections. Prior to the construction of any commercial retail development within the overlay district, in addition to the protections afforded in the comprehensive plan and this Land Development Code, all mangrove wetlands and associated transitional /upland buffer areas will be restored and preserved in accordance with established permit conditions. On -site wetland preservation and enhancement will include the following: (1) Identified mangrove wetlands and associated transitional /upland buffer areas located on the property will be placed under a perpetual conservation easement to be recorded in the Public Records of Monroe County. The conservation areas within the conservation easement may in no way be altered from their permitted state (excluding restoration activities). Activities prohibited within the conservation areas include, but are not limited to: a_{-t+—Construction or placing of buildings, roads, signs, and /or other similar infrastructure on or above the ground; b_q+Dumping or placing soil or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; c_{c+Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation classified as invasive exotic; d_{ Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substances in such manner as to affect the surface; e_ ,+Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition; f_(f) Activities or development detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation, including but not limited to ditching, diking or fencing; &._J }Activities or development detrimental to such retention of land or water areas; h_{+)—Activities or development detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance; and i_4Any land use not related to preserving the natural state of the conservation area. 130 -141 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) A wetland restoration and preservation component that involves removal of fill material from wetlands, planting of the transitional buffer area with 100 percent native vegetation, removal of all invasive exotic vegetation, and fencing and signage at the limits of the conservation easement will be implemented in conformance with South Florida Water Management District ( "SFWMD ") permit requirements. (3) A fully- compliant SFWMD- approved stormwater management system that prevents adverse impacts to the on -site wetland restoration and preservation /conservation area shall be implemented as part of any re- development process. (d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be enforced, in lieu of section 130 -82, industrial district, and the maximum nonresidential land use intensities in subsection (2) shall be enforced, in lieu of section 130 -164, maximum nonresidential land use intensities and district open space. (1) Permitted uses. Rockland Key Commercial Retail Center Overlay District Permitted Uses a. The following uses are permitted as of right in the overlay district: (1) Restaurants of 5,000 square feet or less of floor area; (2) Office uses of 5,000 square feet or less of floor area; (3) Commercial fishing; (4) Institutional uses; (5) Light industrial uses; (6) Public buildings and uses; (7) Accessory uses; (8) Replacement of an existing antenna - supporting structure pursuant to section 146- 5 (2); (9) Collocations on existing antenna - supporting structures, pursuant to section 146- 5(3); (10) Attached wireless communications facilities, as accessory uses, pursuant to section 146 -5(4); (11) Stealth wireless communications facilities, as accessory uses, pursuant to section 146 -5(5); and (12) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6). b. The following uses are permitted as minor conditional uses in the overlay district, subject to the standards and procedures set forth in chapter 110, article III: (1) Commercial retail uses of 10,000 square feet or less; (2) Restaurants of 5,001 to 20,000 square feet of floor area; (3) Office uses of 5,001 to 20,000 square feet of floor area; and (4) New antenna - supporting structures, pursuant to section 146 -5(1). c. The following uses are permitted as major conditional uses in the overlay district, subject to the standards and procedures set forth in chapter 110, article III: 130 -142 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (1) Commercial retail uses of 10,001 square feet or greater. As set forth in section 130 -82, heavy industrial uses and commercial apartments are permitted uses in the industrial district. However, these uses are not permitted within the boundary of the overlay district. All existing, lawfully established heavy industrial uses and commercial apartments within the boundary of the overlay district shall be considered nonconforming uses upon adoption of the boundary and may continue in accordance with section 102 -56. However, superseding any regulations set forth in section 102 -56 to the contrary, upon issuance of a building permit for commercial retail use on a parcel, any heavy industrial use or commercial apartment on that parcel shall be terminated. (2) Maximum nonresidential land use intensities and district open space. For the purposes of this overlay district, uses with corresponding density/ intensity thresholds shall be cumulative and utilize the floor area ratios as follows: Rockland Key Commercial Retail Center Overlay District Maximum Nonresidential Land Use Intensities and District Open Space Land Use Maximum Floor Area O.S.R. Ratio Light Industrial 0.40 0.20 Public 0.40 0.20 Office 0.40 0.20 Institutional 0.40 0.20 Commercial Retail Low Intensity 0.45 0.20 Medium Intensity 0.40 0.20 High Intensity 0.35 0.20 Commercial Fishing 0.40 0.20 130 -143 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S. 1 right -of -way. (4) Maximum floor area. a. An individual building may contain up to 175,000 square feet of floor area only if the design of the building complies with the following design requirements: i. Building facades. Facades equal to or greater than 100 feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending at least 20 percent of the length of the facade. No uninterrupted length of any facade shall exceed 40 horizontal feet. ii. Roofs. All buildings, regardless of size, shall incorporate at least two of the following roof - related architectural features: l.Overhanging eaves, extending no less than three feet past the supporting walls. 2. Sloping roofs with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run. 3. Three or more roof slope planes. 4. A specific architectural element proposed by the applicant's architect that is acceptable to the planning director. For any building with a flat roof and /or any building on which rooftop equipment is installed, parapets shall be incorporated to conceal the flat roof and rooftop equipment, such as HVAC units, from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not at any point exceed one -third of the height of the supporting wall. Such parapets shall feature three - dimensional cornice treatment. iii. Material and /or color variation. A front building facade, regardless of the building's size, shall include at least two material types and at least two colors. 130 -144 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update iv. Design consistency. Compatible and consistent design, materials and colors shall be utilized for all new structures within the overlay district in order to make the development as a whole more cohesive. b. No individual tenant space shall exceed 140,000 square feet. c. The cumulative total of all commercial floor area within the overlay district shall not exceed a maximum floor area of 335,000 square feet. (5) Required public improvements. Prior to submittal of any development application involving commercial retail use, the developer shall enter into a development agreement with the BOCC in accordance with the procedures set forth in section 110 -33. The development agreement shall be contingent on: a. The developer dedicating to the county (or the developer dedicating to the county for long term leasing for $1.00 per year) and constructing a public facility, consisting of a minimum amount of 5,000 square feet of total floor area, which includes the following features: i. A 200 -seat capacity community meeting room; and ii. Restroom and kitchen facilities; and iii. 1,000 square feet of area for neighborhood- oriented services that will be made available by the County to users (i.e. hobby rooms or computer rooms). The public facility may be utilized for meetings of non - profit, for - profit, county, or community organizations, as well as other governmental and public entities, on a first -come first serve basis. Operational fees for the facility may be charged by the County. This facility must obtain a certificate of occupancy prior to, or concurrent with, issuance of a certificate of occupancy for a building to be utilized by any commercial retail use. b. The developer constructing and making available for lease 10,000 sq. ft. of commercial retail floor area consisting of no fewer than four separate commercial units, each no larger than 2,500 sq. ft. for neighborhood - oriented retail and service uses such as, but not limited to animal /veterinary clinics, fitness centers, hair salons /barber shops, mail and shipping services, medical offices, professional services, or similar neighborhood- oriented uses deemed acceptable by the planning director on a first come basis. 130 -145 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update c. The developer providing bicycle /pedestrian paths connecting the development to the county trail system along the US 1 corridor and a multi -modal transit stop for mass transit, which shall include designated areas for bicycle, scooter and motorcycle parking and an electric car charging system to limit vehicle trips. The mass transit stop shall include a covered and secure area for passengers waiting for transportation. d. The developer funding at least one City of Key West bus purchase for use on the Key West - Marathon route to provide better, more frequent public transit to alleviate traffic on U.S. 1 caused by commercial development. (6) Traffic impact statement. Prior to any development approval including a minor or major conditional use, a traffic impact statement shall be required regardless of traffic generated by development. (7) Required U.S. I improvements. Notwithstanding other provisions of the Land Development Code, if, during the conditional use permit approval process and after the traffic impact statement is complete, based on FDOT standards, improvements to U.S. 1 are warranted, the developer is responsible for the funding of designing, permitting, installing and constructing the required improvements related to the proposed development prior to the issuance of a building permit or prior to a certificate of occupancy if the applicant enters into a development agreement with the County which regulates the timing of the improvements to U.S. 1. (8) Sound attenuation. Habitable structures, permitted under this overlay district, shall meet noise reduction levels for high noise zones. Measures to achieve a noise reduction level of 30dB must be incorporated into design and construction of the habitable structures. This shall be the minimum sound attenuation standard. The community meeting facility required in subsection (d)(5) shall not be constructed in the most current 75 DNL area. (9) Areas designated native area (NA). The permitted uses provided in subsection (d)(1) shall not be permitted in any area designated as native area (NA) on the land use district map. (10) Affordable housing. Prior to submittal of any development application involving commercial retail use the developer shall enter into a development agreement with the BOCC in accordance with the procedures set forth in section 110 -33. The development agreement shall be contingent on a mutually agreeable affordable housing requirement. (11) Boundary buffers. Prior to the issuance of a commercial retail use of greater than 10,000 square feet within the overlay district, the applicant shall install a class "D" bufferyard along the boundary of the overlay district adjacent to US 1 and 130 -146 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update class "C" bufferyards along all other non - shoreline boundaries of the overlay district. (12) Hurricane preparedness. To further the goals of Monroe County to be prepared for hurricanes and to assist in the clean up afterwards, parking facilities in the overlay district shall be made available for use by Monroe County for the storage of official vehicles in advance of major storm events, if Monroe County deems such use necessary and is regulated by development agreement. Sec. 130 -132. Key Largo Tradewinds Community - Center Overlay (TCC). (a) Purpose. The purpose of the Tradewinds Community Center zoning overlay district is to identify a defined _geographic development focal area according to the adopted Key Largo Livable CommuniKeys Master Plan. The purpose of the Tradewinds Community Center is to retain and expand the mix of retail, public parks and affordable housing uses prevalent prevalent in this area for the encouragement of commerce, employment and recreational opportunities available at maximum convenience to the public. (b) Application. The maximum permitted densities and intensities shall be in accordance with the underlying land use zoning district. The use within the overlay district shall be subject to all land development regulations of the underlying zoning district, with the exception of following: (1) Commercial retail high intensity uses that generate more than one hundred and fiftX (150) trips per one thousand square feet of floor area shall be permitted. (2) Outdoor storage and outdoor retail sales as a principal use shall be permitted. Sec. 130 -133. Key Largo Downtown Community Center Overlay (DTCC). (a) Purpose. The purpose of this district is to identify a defined _geographic development focal area according to the adopted Key Largo Livable CommuniKeys Master Plan. The purpose of the Downtown Key Largo Community Center is to retain and expand the mix of retail, tourist and public park uses prevalent in this area to encourage commerce, employment and recreational opportunities at maximum convenience to the public. (b) Application. The maximum permitted densities and intensities shall be in accordance with the underlying land use zoning district. The use within the overlay district shall be subject to all land development regulations of the underlying _ zoning oning district, with the exception of following: (1) Outdoor storage and outdoor retail sales as a principal use shall not be permitted. 130 -147 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (2) Commercial retail high intensity uses that generate more than one hundred and fifty (150) trips Per one thousand square feet of floor area shall not be allowed. Sec. 130 -134. Key Largo Welcome Center Community Center Overlay (WCCC). (a) Purpose. The purpose of this district is to identify a defined geographic development focal area according to the adopted Key Largo Livable CommuniKeys Master Plan. (b) Application. The maximum permitted densities and intensities shall be in accordance with the underlying land use zoning district. The use within the overlay district shall be subject to all land development regulations of the underlying zoning district, with the exception of following: (1) Commercial retail high intensity uses that generate more than one hundred and fifty (150) trips per one thousand square feet of floor area shall not be allowed. (2) Outdoor storage and outdoor retail sales as a principal use shall not be allowed. Sec. 130 -135. Bi-g Pine Key Commercial Community Center overlay (BPCCC). (a) Purpose. The purpose of this district is to identify a definedgeograPhic development focal area according to the adopted Master Plan for Future Development of Big Pine Key and No Name Key. The overlay shall encourage the concentration of new nonresidential floor area and be located at the intersection of U.S. 1 and Key Deer Boulevard, Wilder Road and Chapman Street. (b) Application. The maximum permitted densities shall be in accordance with the underlying land use zoning district. The use within the overlay district shall be subject to all land development regulations of the underlying zoning district. The following regulations aply within this overlay: (1) Small individual buildings of 2,500 square feet of floor area or less fronting both U.S. 1 and Key Deer Boulevard are encouraged, with commercial uses on the lower floor and employee housing on the uper floor. The maximum F.A.R. for nonresidential uses shall a be 0.40. (3) Parking lots in front of nonresidential uses are discouraged, although on- street parking may occur where apropriate. (4) Building front setbacks are reduced with the majority of the building facade on the required building line. (5) Arcades, colonnades, open porches, canopies, awnings, balconies may be permitted to encroach on the frontage. 130 -148 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (6) NROGO allocation awards of floor area exceeding 2,500 square feet Per site are permitted within the overlay. The transfer of nonresidential floor area from within the Big Pine and No Name subarea to the overlay is encouraged. Sec. 130 -136. Reserved for the Lower Su ,-arloaf Community Center overlay (LSCC). Sec. 130 -137. Reserved for the Cudioe Community Center overlay (CCC). Sec. 130 -138. Reserved for the Summerland Community Center overlay (SCC). Sec. 130 -139. Reserved for the Ramrod Community Center overlay (RCC). Secs. 130 - 14032 130 -155. Reserved. 130 -149 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ARTICLE V. LAND USE INTENSITIES Sec. 130 -156. Standards. (a) No structure or land in the county shall hereafter be developed, used or occupied at an intensity or density greater than the standards set out in this article. No density shall be allocated for any land designated as mangroves on the existing conditions map. (b) The density and intensity provisions set out in this section are intended to be applied cumulatively so that no development shall exceed the total density limits of this article. For example, if a development includes both residential and commercial development, the total gross amount of development shall not exceed the cumulated permitted intensity of the parcel proposed for development. If a proposed development is for a combination of nonresidential uses, the acreage required for each use shall be determined independently based on the floor area ratio in section 130 -164 for each individual use such that no acreage shall be dedicated for more than one use. <Moved from 130-165>,T-he f llewifig i"ttsti: tes toe intent oft4is seetieN: Sec. 130 -157. Maximum permanent residential density and �'i�t minimum required open space. - T r, b r r s i elit ,,! 6-0 130 -150 4-2 0 9-Z 4?0 9-2 X5-0 9-Z Keith and Schnars, P.A. Land Development Code: Sept 2015 ... I WE vtgr Sec. 130 -157. Maximum permanent residential density and �'i�t minimum required open space. - T r, b r r s i elit ,,! 6-0 130 -150 4-2 0 9-Z 4?0 9-2 X5-0 9-Z Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 6-9 9-z ^ 'ice ) 9 92 e -5-9 -7-9 9--2 URN4 limited 444 9 41 r4 tff b al r s;a„rt;,,l 0-5. -5-0 4-5 S ,-b fes e ti l LTD Sparsely settle l 0,5 9 Native 4.-2-5 9 *— M l„ra r„tiv 9 nff i er-e i4a* 04 9 9 9� impfeved s„l.divisie 4e4 9 41 Gemm€fei l r�� " � 4-2-.0 41 Destififfti e f 4" 4z h 4-0 -2 4-2 z Mixed ttse 4-.0 �0 41 130 -151 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update -9 49 9-4 (Employee hetisifig) -9 49 9-4 Militafy f4eility 4-2-.0 41 P an ,.o4,ne 9-25 9 9 3 Maximum Permanent Residential Density and Minimum Open Space Land Use District Allocated Density )(b) Maximum Net Density(a)(b )(c) DU /Buildable Acre Minimum Open Space Ratio DU /Gross Acre of U 'gland Airport (ADS 0 N/A 0.20 Conservation (CD) 0 N/A 0.90 Commercial Fishing Area 3 12 ( e ) 0.20 (CFA) Commercial Fishing Special District (CFSD CFSD -20: li Other CFSDs: 3 CFSD -20: N/A Other CFSDs: 12 ( e ) 0.20 Commercial Fishing Village (C V 1 /lot N/A 0.20 Destination Resort (DR) 1_0 18.0 ( e ) 0.20 Industrial (I) 1.0 2.0 0.20 Improved Subdivision IS 1 /lot 0 — 0.20 Improved Subdivision — Du lex IS -D 2 /lot 0 — 0.20 Maritime Industries (MI) 1.0 2.0 ( e ) 0.20 Military Facilities (MFJ 6_0 12.0 0.20 Mainland Native Area MN 0.01 N/A 0.99 Mixed Use (MU) 1_0 12.0 ( e ) 0.20 Native Area (NA) 0.25 N/A 0.95 (d) Offshore Island (OS) 0_1 N/A 0.95 130 -152 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Park and Refuge (PR) 0 N/A 0.90 Recreational Vehicle (RV) 0 N/A 0.20 Suburban Commercial (SC) 3_0 TDRs: 6.0(e) Affordable: 18.0 0.20 Suburban Residential (SR) 0.5 5.0 0.50 Suburban Residential (Limited) (SR -L) 0_5 3_0 0.50 Sparsely Settled Residential j5S 0.5 N/A 0.80 Urban Commercial (UC) 6_0 12.0 ( e ) 0.20 Urban Residential (UR) 6_0 TDRs: 12.0 Affordable: 25.0 0.20 Urban Residential -- Mobile 1 /lot N/A 0.20 Home (URM): Mobile Home Parks per Section 101 -1 5_0 7_0 0.20 Urban Residential Mobile Home - Limited (URM -L) 1 /lot N/A 0.20 Commercial 1 (Cl) 0 N/A 0.20 Commercial 2 (C2) 0 N/A 0.20 Preservation (P) 0 N/A 1.00 (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) Vessels, including live- aboard vessels or associated wet slips, are not considered dwelling units and do not count when calculating density. (c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N /A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. Additional open space requirements may apply based on environmental protection criteria - -Ssee additional open space ratios in sChapter 118,E I n accordance with section 101 -2(1), the most restrictive of these ratios applies. 130 -153 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (e) For Properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum net density bonuses shall not be available. (f) Per Section 130- 79(12)e., the allocated density for the CFSD -20 land use district (Little Torch Key) shall be 1 dwelling unit per acre, or 1 dwelling unit per parcel for those parcels existing as of September 15, 1986, whichever is less, and the maximum net density bonuses shall not be available. Residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). *�ted and maxinittai fiet densities listed in t4is table do fiet apply to GFSP 20 (Little Tet:eh). See (g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6 of the Comprehensive Plan. (h) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential uses. For campground and nonresidential uses within the MN zoning district, the minimum open space ratio is 0.95, as shown in the density and intensity tables in Sections 130 -162 and 130 -164. (i) Per Section 130 92(a)(4), in the RV zoning district, commercial apartments shall be the only permanent residential use allowed, not to exceed 10% of total RV spaces allowed or in existence on the site, whichever is less. Sec. 130 -158. Reserved Sec. 130 -159. Reserved 130 -154 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 130 -160. Transferable development rights (TDRs). (a) General and criteria. The Maximum Net Density is the maximum density allowable with the use of TDRs, and shall not exceed the maximum densities established in the Comprehensive Plan. TDRs may be utilized to attain the density between the allocated density standard up to the maximum net density standard. All residential development rights allocated or established in sections 130 -157 and 130 -162 (allocated density for permanent residential dwelling units or transient units) are transferable from one parcel of land to another parcel of land, provided that the sender and receiver sites meet all of the following criteria: (1) A sender site is the land area from which the development right(s) to be transferred is derived. In the event an applicant intends to only use part of a greater property for a transferable development right application, the additional land area not required to amass the transferable development right(s) shall not be considered part of the sender site and not subject to conservation as required in subsection (8). As part of the application required in subsection (b)(2), the applicant shall provide a boundary survey and legal description that identify the boundaries of the sender site within the greater property. A sender site shall meet the following criteria: be v,ithif one of toe f ll , ,,a l a. Located in a Tier L 11, or III -A designated area, or any tier designation within the County's Military Installation Area of Impact (MIAI) Overla. (2) The maximum net densities set forth in sections 130 -157 and 130 -162 shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of this Land Development Code. (3) The maximum net densities set forth for the applicable future land use category in the Cc-omprehensive Pplan shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of the Cc-omprehensive Pplan and the Land Development Code (4) A receiver site shall meet the following criteria: The assignment of ftfaase le 130 -155 Keith and Schnars, P.A. Land Development Code: Sept 2015 - - 7 ............. . . . ......... a. Located in a Tier L 11, or III -A designated area, or any tier designation within the County's Military Installation Area of Impact (MIAI) Overla. (2) The maximum net densities set forth in sections 130 -157 and 130 -162 shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of this Land Development Code. (3) The maximum net densities set forth for the applicable future land use category in the Cc-omprehensive Pplan shall not be exceeded and new development on a receiver site shall be developed in compliance with each and every requirement of the Cc-omprehensive Pplan and the Land Development Code (4) A receiver site shall meet the following criteria: The assignment of ftfaase le 130 -155 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update a. The Future Land Use category and Land Use (Zoning) District must allow the requested use, b. Must have an adopted maximum net density standard, c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal wastewater meeting adopted LOS, paved roads, etc.) d. Located within a Tier III designated area, and e. Is not located within a designated CBRS unit. (5) The assignment of transferable development rights to receiver sites on Big Pine Key, No Name Key, and North Key Largo from other areas of the County shall be prohibited, excluding the assignments of transferable development rights a) from sender sites on Big Pine Key to receiver sites on Big Pine Key; b) from sender sites on No Name Key to receivers sites on No Name Key, c) from sender sites on No Name Key to Big Pine Key and dc-) from sender sites within North Key Largo to receiver sites within North Key Largo. (6) The assignment of transferable development rights to receiver sites within Land Use (Zoning) Districts that do not have a maximum net densities is prohibited (including, but not limited to, Improved Subdivision (IS, IS -D, IS -M, or IS -V), Urban Residential Mobile Home (URM or URM- limited), Sparsely Settled (SS), Native Area (NA), Offshore Island (OS), and Mainland Native (MN). (7) A development right may be transferred in part, provided it is rounded to the nearest tenth (i.e. if a sender site is designated Native Area (NA) and consists only of two acres of upland, the property owner may transfer the fractional 0.50 transferable development right). However, in accordance with subsection (8), in no event shall a property owner utilize part of a sender site's acreage for a transferable development right and maintain the right to develop that acreage as the land use intensity shall be exhausted. (8) Prior to application for a building permit authorizing the development of a t:e dwelling unit on a receiver site requiring a transferable development right, the sender site(s) shall be a) dedicated to the county or b) placed in a conservation easement prohibiting its future development. A conservation easement shall be reviewed and approved by the planning and environmental resources department prior to its recording in the official records of the county. (b) Procedure. The transfer of development rights shall be carried out as follows: (1) A minor conditional use permit shall be required to identify, determine the eligibility of and document the approval of the sender and receiver site, pursuant to the process set forth in section 110 -69. If a single receiver site is proposed to receive transferable 130 -156 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update development rights from multiple sender sites, a conditional use permit application for each sender site shall be required. All sender and receiver sites associated with a proposed transfer of a transferable development right shall be identified at the time of application; (2) The minor conditional use permit application required in subsection (b)(1) shall be submitted in a form provided by the Pplanning and Eenvironmental R fesources Ddepartment and include the following: a. The names and addresses of the property owners of record for the sender site(s) and receiver site(s); b. The property record cards from the Monroe County Property Appraiser of the sender site(s) and receiver site(s); c. Written legal descriptions of the sender site(s) and receiver site(s); d. A copy of the affidavit of intent to transfer; e. Boundary surveys and legal descriptions of the sender site(s) and receiver site(s), prepared by a surveyor registered in the State of Florida, showing the boundaries of the sites, elevations, bodies of water and wetlands, total acreage, total upland acreage and total acreage by habitat; and (3) A development order shall memorialize approval of the minor conditional use permit required in subsection (b)(1). The development order shall include language requiring a Deed of Transfer described in this subsection (below). After successfully passing all applicable appeal periods, the development order shall be recorded in the official records of the Monroe County Clerk of the Circuit Court. Such recording shall be carried out so that the document is associated with all applicable sender and receiver sites; and (4) Prior to issuance of a building permit authorizing the development of a fe ' ff! dwelling unit, all or a part of which is derived from a transferred development right, a deed of transfer shall be recorded in the chain of title of the sender site (transferor parcel) containing a restrictive covenant prohibiting the development that would require use of any of the allocated density that was transferred from the parcel. Sec. 130 -161. Reserved. . <moved to chapter 139> 130 -157 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update . . IIIII .esR��rse�� �rlsrssiTS...... rsse . � &� effstife tb.., t 130 -158 Keith and Schnars, P.A. Land Development Code: Sept 2015 . N,.V. A ov. mv. I effstife tb.., t 130 -158 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update rssrsR.T.111- O m OWN 11 1 W Y:e���rs.. 130 -159 Keith and Schnars, P.A. Land Development Code: Sept 2015 - MZ.- I a z . Z. N W Y:e���rs.. 130 -159 Keith and Schnars, P.A. Land Development Code: Sept 2015 .. W Y:e���rs.. 130 -159 Keith and Schnars, P.A. Land Development Code: Sept 2015 130 -159 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update MIN WIN VNION-TIVIRW.11 _rlf!!*f �Efi!!!f!!il�:lfNPlilf�:E _ oil 130 -160 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update �. Nil I 1 11111 111 AIIIM lIIYY9INXIMrMi'INi� 111111 lift. Ill "w mmmlo � �YMIli11YlYM1WMMl� 1111111 w .. now" -W llow II��YWiMI� IIIfRIqw�1w ,�0 1 0 wo wyMll! �. 130 -161 Keith and Schnars, P.A. Land Development Code: Sept 2015 im Im z 111111 lift. Ill "w mmmlo 1111111 w .. now" -W llow .e 130 -161 Keith and Schnars, P.A. Land Development Code: Sept 2015 im Im z 111111 lift. Ill "w mmmlo 1111111 w .. now" -W llow 130 -161 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 130 -162 Keith and Schnars, P.A. Land Development Code: Sept 2015 . „ty, to .,.1 m if i ti o.lwes b t aee o f difig s t f p established e 130 -162 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 130 -163 Keith and Schnars, P.A. Land Development Code: Sept 2015 ROU IN �. I WI .. .. P ik 130 -163 Keith and Schnars, P.A. Land Development Code: Sept 2015 ROU NO 130 -163 Keith and Schnars, P.A. Land Development Code: Sept 2015 ROU 130 -163 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update NO 01101 M. W. NOWN 01 NO W STll�Eflf�.. lT.1�lrill7�i]T.l�S. •• JI N 111 1 IN IN Nov MvV ON FROMR-MOMPE —MM NO 01101 M. W. NOWN 01 NO W STll�Eflf�.. lT.1�lrill7�i]T.l�S. •• 130 -164 Keith and Schnars, P.A. Land Development Code: Sept 2015 •• 130 -164 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 111 1 1111s • �e���Ersr�rsi� :es�s�f�i����rsr�:ste:�� MW _lR4t[5. . e�TS��trs. . ... o 401A 1 1011 .� "Will 11 lilt • �e���Ersr�rsi� :es�s�f�i����rsr�:ste:�� MW _lR4t[5. . e�TS��trs. . .. o 401A i SiStllJ!!5 MW _lR4t[5. . ... ilIM" 130 -165 Keith and Schnars, P.A. Land Development Code: Sept 2015 _ �5ll �. RfI �J :RtR�i!\IS�EfiillST�7�!!![Zflf . o 401A 130 -165 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ifiitiatiws in mttailsipalities and ttaineer-petuted at:eas of the sill Mill deposited ifitill the �er.�e�Te:�s ee�ee:*��s::*:esEe:seer�es� ".' Mt I I I 11� 1 1, '' 1 11 ''I' 111 -, 11 1 ''1 11 Nif 111111111161 ON I ON .......... ifiitiatiws in mttailsipalities and ttaineer-petuted at:eas of the sill Mill deposited ifitill the �er.�e�Te:�s ee�ee:*��s::*:esEe:seer�es� ".' Mt I I I 11� 1 1, '' 1 11 ''I' 111 -, 11 1 ''1 11 Nif 130 -166 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update all. 1 1 N 1101 • rtsr ssi�:se*seT��rrrs���:es�s�f. � Ersr�ee�sr� . � " 7 10" 1 Wi ll SLIZA .......... . . ... . .......... . ..... . OR WIN W all. 1 1 N 1101 • rtsr ssi�:se*seT��rrrs���:es�s�f. � Ersr�ee�sr� . � " 7 10" 1 17 1 1 M- - SLIZA .......... . . ... . .......... . ..... . OR WIN W all. 1 1 N 1101 • rtsr ssi�:se*seT��rrrs���:es�s�f. � Ersr�ee�sr� . � " 7 10" 1 17 1 1 M- - SLIZA .......... . . ... . .......... . ..... . ........... --1 .......... 130 -167 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update . y Ns , IIIIIIMI AIR y i Ns , IIIIIIMI y MR y IN 11 y i 130 -168 Keith and Schnars, P.A. Land Development Code: Sept 2015 Ns , IIIIIIMI y MR y 130 -168 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update • .... 111101 M 1111111111111111 M, 0, 1 • WIN ......... .... 111101 M WIN R-11111111111 111111 I WO 011 "111111111 See. 130 . . <moved to chapter 139> to maintain mobile home pafk sites mebflemh�:me dewlepments in URA4 and URN4 1= distfiets, 130 -169 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update � - 0 M.. Z •� a" . 130 -170 Keith and Schnars, P.A. Land Development Code: Sept 2015 IIIIIII ''I IM ili 1! 1 ILIMIL10 • a � •� a" . 130 -170 Keith and Schnars, P.A. Land Development Code: Sept 2015 a" . 130 -170 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 130 -171 Keith and Schnars, P.A. Land Development Code: Sept 2015 1 01,211.111111 1 , NO Nis MM M 1 1 ..� 130 -171 Keith and Schnars, P.A. Land Development Code: Sept 2015 Op a 130 -171 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 130 -172 Keith and Schnars, P.A. Land Development Code: Sept 2015 1001401 W , . v l -o 411 1 010IN NOW 130 -172 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Sec. 130 -162. Maximum Densities for hHotel- A* Campground, (Recreational iVehicle Seasonal and ilnstitutional r-Residential ttUses and Minimum Ope Space. - — Maximum hotel - /motel, campground, recreational vehicle, seasonal and institutional residential densities for those uses permitted by this chapter shall be in accordance with the following table: 0 41 Ree. r-ental -5 9 49--9 9 Z X5-9 240 41 i5.0* .0* 41 41 Ree. r-ental -5 9 -7 9 4.4 !li st. fe Reuel 9:-0 130 -173 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Hetel 4" 43-9 9-4 Hetel -5 -9 2" 4.4 Ree ce Desti , .,,-t 4* 9-5 Hetel 4$9 2" 9 Z Hetel 4" 43-9 9-4 Trams 5--9 2" 4.4 Ree 4 4 41 5 9 2" 41 Hetel 4" 43-9 9 9 !fist. fefital 2" Rem 4$9 * 4$9 * 9 9 Sparsely settled: 130 -174 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update i$() 4.-9-5 �0 9:-0 9 9-9 Maximum Densities for Hotel /Motel, Campground, RV, Seasonal and Institutional Residential Uses and Minimum Open Space Land Use District and Use Allocated Density (a)(b) Maximum Net Density (a)(b)(c) Rooms or Spaces/Buildable Acre Minimum Open Space Ratio(d) Rooms or Spaces /Gross Acre of Upland Airport (ADS 0 N/A 0.20 Conservation (CD) 0 N/A 0.90 Commercial Fishing Area 0 N/A 0.20 (CFA) Commercial Fishing Special District CFSD 0 N/A 0.20 Commercial Fishing Village CFV 0 — N/A 0.20 Destination Resort (DR) 10.0 25.0 0.20 130 -175 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Industrial (I) 0 N/A 0.20 Improved Subdivision IS 0 - N/A 0.20 Improved Subdivision - Du lex IS -D 0 - N/A 0.20 Maritime Industries (MI) 10.0 15.O )(9) 0.20 Military Facilities (MF) 10.0 20.0 0.20 Mainland Native Area MN 2.0 N/A 0.95 Mixed Use (MU) Hotel ............................................................................................................................................................................................................................................................... Institutional Residential 10.0 ............................... 5.0 ............................... 10.0 15.O 20.O N/A 0.20 ..................................... ............................... 0.20 ...................................... ............................... 0.20 ................................................................................................................................................................................................................................................................ Campground ound Native Area (NA) 0 N/A 0.95 Offshore Island (OS) 0 N/A 0.95 Park and Refuge (PR) 2_0 N/A 0.90 Recreational Vehicle (RV) 15.0 15.O 0.20 Suburban Commercial (SCE 10.0 5.0 10.0 15.O 20.O N/A 0.20 0.20 0.20 Hotel Institutional Residential Campground ound Suburban Residential (SRS 0 N/A 0.50 Suburban Residential Limited) (SR -L) 0 - N/A 0.50 Sparsely Settled Residential LaSI 0 - N/A 0.80 Urban Commercial (UCH ............................... 10.0 ............................... 15.0 19.O 24.O ...................................... ............................... 0.20 0.20 ................................................................................................................................................................................................................................................................ Hotel ............................................................................................................................................................................................................................................................... Institutional Residential Urban Residential (UR) 10.0 20.0 0.20 130 -176 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Urban Residential -- Mobile 5_0 7_0 0_2 Home (U RM) Urban Residential Mobile Home - Limited (URM -L) 5_0 7_0 0_2 Commercial 1 (C1) 0 N/A 0.20 Commercial 2 (C2) 0 N/A 0.20 Preservation (P) 0 N/A 1.00 (a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves shall be 0 and the maximum net density bonuses shall not be available. (b) Vessels, including live- aboard vessels or associated wet slips, are not considered dwelling units and do not count when calculating density. (c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for qualifying affordable housing development. TDRs can be utilized to attain the density between the allocated density standard up to the maximum net density standard. Deed restricted affordable dwelling units may be built up to the maximum net density without the use of TDRs. "N /A" means that maximum net density bonuses shall not be available. Buildable acres means the portion of a parcel of land that is developable and is not required open space. (d) Additional open space requirements may apply based on environmental protection criteria - see additional open space ratios in Chapter 118. In accordance with section 101 -2(1), the most restrictive of these ratios applies. (e) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum net density bonuses shall not be available. (f) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6 of the Comprehensive Plan. (g) For parcels designated as MI zoning that are within the I future land use category, the allocated density for hotel - motel, recreational vehicle and institutional residential uses shall be 0 and the maximum net density bonuses shall not be available. (h) Within the Mainland Native Area land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitaly purposes. 130 -177 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (i) The minimum open space ratio for the MN zoning district is 0.95 for campground and nonresidential uses. For permanent residential uses within the MN zoning district, the minimum open space ratio is 0.99, as shown in the density table in Section 130 -157. Sec. 130 -163. Existing residential dwelling units and transient unit Notwithstanding the provisions of sections 130 -157 1 30 158, and 130 -162, the owners of land upon which a lawfully established dwelling unit, mobile home, or transient r°s�r unit exists shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4, 1996. Such legal! �lawfully established dwelling unit shall not be considered nonconforming tt e as to density Sec. 130 -164. Maximum nonresidential land use intensities and district open space. Maximum nonresidential land use intensities for those uses permitted by this chapter and minimum required d t open space shall be in accordance with the following table: 1, Q i m�crry 1=0 iflteflSit-y 4.4-5 9-2-9 0.49 0-z9 High iiiteiisit-y 9.-34 9-2- 0 of 9. 9�9 r o a 0 e t; , 4.4-5 9�9 i, �t� 9�9 9z Eel= I 130 -178 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 9.-34 9-2-9 TN�* 9-39 9-2-9 P e i.,,;la;„ns and , e 9-39 14 r S;a„rt;„l ,,,,.i„l„ i, ffle 9-2-9 Offiees r E ff i . 9�0 9-2-9 Medi ttm i fit 9-2-9 High iffteffsit-y 9-2-9 Offiees 9 9 9�0 r E)ffi ,,,,,.,.;,,, r ff ti 6 , 9.2-9 T 9-39 9-2-9 p e i.,,;laings and , e 9.49 9�9 Light ;ra„4,t, 9.49 9�9 130 -179 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 9�9 9�9 9:49 9-2-9 9.-34 9�9 9.4-5 9�9 9. 9�9 9.-9 9�9 9.45. 9�9 9.9 9�9 1=0 iflteflSit-y 9 99 High ifitefisit Offiees 9.49 4.2-0 r,,,,,,,,o,.,.;„ l ro o.,6e ,4 9.4-9 9.2-9 TN� *� 9.49 9.2-9 n„W,.,.,. r .,t;,.HR 9 9 9�9 130 -180 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 9-39 9-Z9 99 9�9 1=01W iflteflSit-y 9s9 9s9 9�9 9� 9�9 9� 9�9 1 at T /T n v. I n v. a v. n 4.. R"eff6E)ffffYfe8efffeh eefftefS 4.40 4.2-0 1=01W iflteflSit-y 99 99 130 -181 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Offiees 9-25" 9-2-9 1=0 iflteflSit-y 9 99 9-39 4.2-0 99 9�9 9.-9 9�9 9.-9 9�9 9.49 9�9 9.-9 9�9 99 9�9 1=0 iflteflSit-y 9 99 Medi ttm i fit 99 9�9 130 -182 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 9-39 9-2-9 Light 9.49 9�9 9z� 4.2-0 P 1.ildi gs and , e 9.49 9�9 99 9�9 4.4-0 9�9 99 9�9 4.4-0 4.2-0 9.49 4.2-0 99 9�9 9.49 9�9 Light 9.49 9�9 9z� 4.2-0 P 1.ildi gs and , e 9.49 9�9 v °� 9.49 9�9 Offiees 9.9 4.2-0 130 -183 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update 9-4-9 9-2-9 9.49 9�9 9.49 4.2-0 9.49 9.29 9�9 9�9 9.49 9�9 945. 9�9 9.45 9�9 9.49 9-29 9.39 9�9 Offiees 9.49 9�9 130 -184 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Aifpet4 tises 4.4-0 9-2-9 P e i.;la;ngs and , e 9-20 9-98 Lana use Listrict ana use Floor Area Ratio Vpen apace Ratio (a) Airport (AD) 0.10 0.20 Conservation (CD) 0.05 0.90 Commercial Fishing Area Cf FA),') 0.40 0.20 Commercial Fishing Special District CFSD (b )(c) ......... ......... ......... ......... ......... Low Intensity Commercial Retail or Restaurant 0.35 0.20 ....... ......... ....... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or 0.25 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... Commercial Fishing ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Light Industrial 0.30 0.20 Heavy Industrial 0.40 0.20 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.30 0.20 Public Buildings/Uses 0.30 0.20 Commercial Fishing Village (CFV) 0.40 0.20 130 -185 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Destination Resort (DR) ........ ......... ......... ......... ......... ......... ......... ......... ..................... ............................... Commercial uses associated/ «._..__. 0.25 0.20 Marinas 1 0.25 1 0.20 Industrial (I) Office 0.40 0.20 Restaurant 0.30 0.20 Commercial Fishing 0.20 0.40 0.20 Light Industrial 0.20 0.40 0.20 Heavy Industrial 0.20 0.25 0.20 Institutional 0.20 0.30 0.20 Public Buildings/Uses 0.20 0.40 0.20 Improved Subdivision 0 0.20 ( IS) - Improved Subdivision - Duplex 0 0.20 ,Tr . 1 Maritime Industries (MI)(e )(d) ........ ......... ......... ......... ......... ......... ......... ......... Low Intensity Commercial Retail or Restaurant 0.40 0.20 ....... ......... ....... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or 0.30 0.20 High Intensity Commercial Retail or Restaurant 0.30 0.20 Office 0.50 0.20 Commercial Fishing 0.45 0.20 Light Industrial 0.35 0.20 Heavy Industrial 0.40 0.20 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.30 0.20 Public Buildings/Uses 0.60 0.20 Agriculture (Mariculture) 0.45 0.20 Military Facilities (MF) Military Uses 0.50 0.20 Low Intensity Commercial Retail or Restaurant 0.30 0.20 130 -186 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ........ ......... ......... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or ........................................................ ............................... 0.30 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... High Intensity Commercial Retail or Restaurant 0.30 0.20 Office ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.30 0.20 Public Buildings/Uses 0.30 0.20 Airport Uses 0.50 0.20 Mainland Native Area (MN) 0.03 ( e ) 0.95 Mixed Use (MU) ....... ........ ........ ........ ........ ........ ........ ........ Low Intensity Commercial Retail or Restaurant 0.35 0.20 ....... ......... ....... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or 0.25 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... High Intensity Commercial Retail or Restaurant 0.15 0.20 Office ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Commercial Fishing ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Light Industrial 0.30 0.20 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.30 0.20 Public Buildings/Uses 0.30 0.20 Commercial Recreation 0.25 0.20 Native Area (NA) Public Buildings/Uses 0.20 0.95 Agriculture 0.20 0.95 Offshore Island (OS) 0 0.95 Park and Refute (PR) 0.20 0.90 Recreational Vehicle (RV) ........ ......... ......... Low/Med /High Intensity Commercial Retail or <2,500SF (per 130 -92) ..................................................... ............................... 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... Marina 0.25 0.20 Suburban Commercial (SON Low Intensity Commercial Retail or Restaurant 0.35 0.20 130 -187 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update ........ ......... ......... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or ........................................................ ............................... 0.25 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... High Intensity Commercial Retail or Restaurant 0.15 0.20 Office ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Light Industrial ........ ......... ......... ......... ......... ......... ......... ......... 0.30 0.20 Institutional 0.30 0.20 Public Buildings/Uses _ 0.30 0.20 Commercial Recreation 0.25 0.20 Suburban Residential (SR) ........ ......... ......... ......... ......... ......... ......... ......... Low Intensity Commercial Retail or Restaurant <2,500SF (per 130 -94) 0.50 Medium Intensity Commercial Retail or <2,500SF (per 130 -94) 0.50 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... Office ........ ......... ......... ......... ......... ......... ......... ......... <2,500SF (per 130 -94) 0.50 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.25 0.50 Public Buildings/Uses 0.25 0.50 Commercial Recreation ........ ......... ......... ......... ......... ......... ......... ......... 0.25 0.50 Agriculture 0.25 0.50 Suburban Residential- Limited (SR -L) 0 0.50 Sparsely Settled Residential (SS) Public Buildings/Uses _ 0.20 0.80 Agriculture 0.20 0.80 Urban Commercial (UC)(e) ........ ......... ......... ......... ......... ......... ......... ......... Low Intensity Commercial Retail or Restaurant 0.45 0.20 ....... ......... ....... ......... ......... ......... ......... ......... Medium Intensity Commercial Retail or 0.40 0.20 Restaurant ........ ......... ......... ......... ......... ......... ......... ......... High Intensity Commercial Retail or Restaurant 0.35 0.20 Office ........ ......... ......... ......... ......... ......... ......... ......... 0.45 0.20 Institutional ........ ......... ......... ......... ......... ......... ......... ......... 0.40 0.20 Public Buildings/Uses 0.35 0.20 Commercial Recreation 0.40 0.20 130 -188 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Urban Residential (UR) 0 0.20 Urban Residential — Mobile Home (URM) 0 0.20 Urban Residential Mobile Home — Limited 0 0.20 URM -L — Commercial l (Cl) ........ ......... ......... ......... ......... ......... ......... ......... Low Intensity Commercial Retail or Restaurant 0.35 0.20 Medium Intensity Commercial Retail or 0.25 0.20 Office 0.45 0.20 ......... ......... ......... Light Industrial 0.40 0.20 Institutional 0.40 0.20 Public Buildings/Uses 0.35 0.20 Commercial Recreation 0.25 0.20 Preservation (P) 0 1.00 (a) Additional open space requirements may apply based on environmental Protection criteria - see additional oven space ratios in Chanter 118. In accordance with section 101 -2(1). the most restrictive of these ratios aDDlies (b) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the 130 -189 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update (c) Per Section 130- 79(12)e., within the CFSD -20 land use district (Little Torch Key), residential density shall be allowed in addition to the permitted nonresidential uses and intensity (i.e., density and intensity shall not be counted cumulatively). (d) A mixture of uses shall be maintained for parcels designated as MI zoning district that are within the MC future land use category. Working waterfront and water dependent uses, such as marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline, pursuant to Policy 101.5.6 of the Comprehensive Plan. (e) Within the Mainland Native Area land use district, campground spaces and nonresidential buildings shall only be permitted for educational, research or sanitary_ purposes. (f) The minimum open space ratio for the MN zoning district is 0.95 for campground and nonresidential uses. For permanent residential uses within the MN zoning district, the minimum open s ace ratio is 0.99 as shown in the density table in Section 130 -157. Sec. 1304165. Aggregation of development. Any development located on conti parcels of land, that has or is a part of a common plan or theme of development or use, including, but not limited to, an overall plan of development, common or shared amenities, utilities or facilities, shall be aggregated for the purpose of determining permitted or authorized development and compliance with each and every standard of this Land Development Code and for the purpose of determining the appropriate form of development review. 130 -190 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Monroe County Comprehensive Plan Upd « � W45 44 24 W45 44 �W145 44 24 W45 44 �W145 44 24 W45 4-5 M5 -14 5 44 2-0 2-0 2-0 2-0 -54 -20/35 -34 130-19 Keith p#Smnr P.A. Land OaelpmentCode: Sept 2015 2-0 — 2-0 130-19 Keith p#Smnr P.A. Land OaelpmentCode: Sept 2015 Monroe County Comprehensive Plan Update 24 W45 2-0 See. 130 187. Ainximum height. No stfuetttfe et: bttildifig shall be dewleped that exeeeds a maximttm height E)f 35 feet, thetvin shall be abselttte and the See. 130 188. Additionn! requirements for- r-esidenfin! dwellings. f ace th side ..,, -ate (b) When dttplexes 0 yat 0 0 130 -193 Keith and Schnars, P.A. Land Development Code: Sept 2015 M5 2;0 4-5 W45 49 �8 2-0 290 -204 299 -54 54 -54 See. 130 187. Ainximum height. No stfuetttfe et: bttildifig shall be dewleped that exeeeds a maximttm height E)f 35 feet, thetvin shall be abselttte and the See. 130 188. Additionn! requirements for- r-esidenfin! dwellings. f ace th side ..,, -ate (b) When dttplexes 0 yat 0 0 130 -193 Keith and Schnars, P.A. Land Development Code: Sept 2015 Monroe County Comprehensive Plan Update Tsz�sser�nsr�e�� :eete�a�e�:�r�.. . ers. rsi�e�e�satesn <moved to 101 -1> is 400 feet f+em a-By e�hef F-POT affr-eN ettA ettt of side stfeet efi �he same side of U.S. ; <moved to every zoning cate2ory> <moved to every zoning cate2ory> (4) Signs per-sefis of: Points of histefie mtet:est may be plaeed en any pat:e4,4 r1 ,1.1 to toe p atv el , i ttt shall feet e f of s e f moved to 142 -3 130 -194 Keith and Schnars, P.A. Land Development Code: Sept 2015