Item D2 Chapter 110Monroe County Comprehensive Plan Update
Chapter 110 DEVELOPMENT REVIEW
ARTICLE I. - IN GENERAL
Sec. 110 -1. Applicability.
The provisions of this article shall apply to all applications for development approval.
Sec. 110 -2. Application and €Fees.
Every application for development approval shall be in a form specified by the Planning
dDirector of shall be accompanied by a nonrefundable fee as established from time
to time by the BOCC to defray the actual cost of processing the
application, and the provision of notice if required. If a person other than the landowner is
submitting an application, a notarized letter of agency from the landowner authorizing the person
to represent them with respect to the application shall be required. The term "applicant" as used
in this chapter refers to the landowner or the landowner's agent, as applicable.
Sec. 110 -3. Pre- eA_pplication eConference and Community Participation Meetings
(a) Pre - Application Conference
UAn applicant for development approval may request a pre - application conference with
pPlanning and Environmental Resources dDepartment staff by submitting an application
and the applicable fee to the department ef pluming. Prior to the conference, the
applicant shall provide to the department -of pla g: a written description of existing
development on the property and the proposed development including its character,
location and magnitude. The purpose of this conference is to acquaint the participants
with the requirements of the land development code fegukAiens, applicable
comprehensive plan policies and the views and concerns of the county.
(2) If the applicant requests so and pays the applicable fee. Tthe substance of the pre -
application conference shall be recorded in a letter of understandin LOU repared by
Wig- department staff and si ed by the P lanning dDirector. The shall be
mailed to the applicant within 300 days after the conference, except under
those circumstances where additional information is required by plate department
staff following the conference. In those situations, the pPlanning dDirector cannot issue a
letter until all required information is submitted and reviewed. The letter shall set forth
the subjects discussed at the conference and the county's position in regard to the subject
matters discussed.
(&The applicant shall be entitled to rely upon representation made at the conference only to
the extent such representations are set forth in the leuef of and tan &n, ;,LOU A Iettef
of LOU shall not provide any vesting to requirements, mid-
com rehen The development shall be required to be c o n s i ste n t wi
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all regulations and policies at the time of development approval. The pPlanning dDirector
acknowledges that all items required as a part of the application for development
approval may not have been addressed at the conference, and consequently reserves the
right for additional comment.
(b) Community Participation Meeting
Applicants requesting a Major Conditional Use Permit pursuant to Article III of this chapter, or a
Development Agreement pursuant to Article V of this chapter shall provide for public
participation through a community meeting.
(1) Scheduling
The applicant will coordinate with the Planning Director regarding the date, time and
(2) Notice of Meeting.
The community meeting shall be noticed at least 15 days prior to the meeting date by
advertisement in a Monroe County newspaper of general circulation, mailing of notice to
surrounding_propertv owners, and posting of the subject property, in accordance with
Section 110 -5.
(3 ) Noticing and Advertising Costs.
The applicant shall pay the cost of the public notice and advertising for the community
meeting and provide proof of proper notice to the Planning Director.
(4) The community meeting shall be facilitated by a representative from the Monroe County
Planning & Environmental Resources Department and the applicant shall be present at
the meeting.
Sec. 1104. Determination of eCompieteness and eCompliance., exeept foil siti
dweffing&
Within 15 working days after an application for development approval has been received, the
pPlanning dDirector or his or her designee shall determine whether the application is complete.
If the application is not complete, the Planning Director or
his or her designee le-shall serve a written notice onto the applicant specifying the application's
deficiencies. The pPlanning #Director or his or her designee shall take no further action on the
application unless the deficiencies are remedied. If the Pplanning Ddirector or his or her
designee fails to make a determination of completeness within 15 working days, the application
is deemed complete except in cases where the Land Development Code or Comprehensive Plan
specifically requires a deficient document. In cases where the Land Development Code or
Comprehensive Plan specifically requires a deficient document, regardless of the 15 working day
deadline, the applicant shall provide the required document prior to any final decision on the
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application Once the application is deemed complete, the pElanning dDirector or his or her
designee shall process and review the application in accordance with the procedure
required for the type of application as provided in the Land Development Code. to bed
within ten wer4ing days fer- eemplianee with t4e eetmty's land use regulations. if the plafmiffg
explaining why this is se and the appliemien shall be denied. if the appliemien is detet:miaed te
be in eeWliaaee with these !Emd use r-egtilatieffs, the plafming dir-eeter- shall notify the applieflaf
earlier- than 30 days fellewing a detefmiamiea ef eemplianee and a netiee given, if f:eqUiFed, and
shall eenvene the development r-eview A determination of completeness shall not
constitute a determination of compliance with the requirements of the
Comprehensive Plan or this Land Development Code e#apter.
Sec. 110 -5. Notice.
LaLContent of notice. Every required notice shall include the date, time and place of the hearing
or meeting (if applicable J the address of the site— subject property, where known, s
i:e r.eaee to the closest mile marker, a summary of the proposal to be considered, and
identification of the board, commission, committee, or body conducting the hearing or
meeting
(b) Advertised notice. Unless otherwise specified, notice of public hearings or public /community
meetings required by this Land Development Code shall be published in a Monroe County
newspaper of paid general circulation at least 15 days prior to the public hearing or public
meeting in the non -legal section (unless specified otherwise). The newspaper shall be of
general interest and readership in the community. The advertisement shall appear in a
newspaper that is published at least five days a week. The advertisements shall be no less
than two columns wide by ten inches long in a standard size or tabloid size newspaper. The
advertisement shall be captioned, "NOTICE OF PUBLIC HEARING," or "NOTICE OF
PUBLIC MEETING," respectively, in a type no smaller than 18 point. If directed by
resolution of the BOCC, advertisements may be put in additional newspapers published less
frequently than five days a week in the legal advertising or non -legal section prior to the
hearing without the same specification as to size or timeframe, or as a "NOTICE OF
PUBLIC MEETING" with the agenda available from the Planning and Environmental
Resources Department.
LhAdvertisements for public hearings or community meetings regarding _ amendments to the
land use zonin district map overlays to the land use (zoning) district map or future
land use map shall be captioned, "NOTICE OF CHANGE TO LAND USE ZONING
DISTRICT MAP" or "NOTICE OF CHANGE TO F UTURE LAND USE MAP,"
respectively, in 18 point type, -aod shall contain a geographic location map which clearly
indicates the area covered by the proposal, shall include major street names as a means of
identification of the area and shall state in a brief form the nature of the amendment to be
considered by ordinance title.
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UL(,-Advertisements for public hearings or public meetings regarding amendments to the
text of thise ILand dDevelopment Cod shall be captioned "NOTICE OF
CHANGE TO LAND DEVELOPMENT REGULATIONS" in 18 point type and shall be
advertised by ordinance title. The in this ..,,b,.eeti.~ a nd subsee`'~~ (b)
abeve fn" be eembined by title and eentent with d, e-1--ments FeEluir-eed by this
see�ie}r.
(3) Advertisements noticing grant of minor conditional use permits shall be advertised as
specified above, but shall be placed in the legal section of the newspaper, and cautioned,
"NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MINOR
CONDITIONAL USE PERMIT." The advertisement shall indicate commencement of the
30 day appeal period and the means of filing an appeal.
(4) Advertisements noticing grant of maior conditional use permits shall be advertised as
specified above, but shall be placed in the legal section of the newspaper. and captioned,
"NOTICE OF DEVELOPMENT ORDER APPROVAL FOR A MAJOR
CONDITIONAL USE PERMIT," with the cost to be borne by the applicant. The
advertisement shall indicate commencement of the 30 day appeal period and the means of
filing an appeal.
(5) Advertisements for all other public hearings or public meetings shall be captioned,
"NOTICE OF PUBLIC HEARING" or "NOTICE OF PUBLIC MEETING,"
respectively, in 18 point type. In addition to the usual information concerning location.
date and time, the body of the advertisement shall describe the matter(s) on which the
public maybe heard.
(6) Additionally advertisements and notices for Development Agreements, pursuant to
Section 163.3225, F.S., shall include the development uses proposed on theprope=, the
proposed population densities, the proposed building intensities and height and shall
specify a place where a copy of the proposed agreement can be obtained. The day, time,
and place at which the second public hearing will be held shall be announced at the first
public hearing.
(7) The advertisements listed above may be combined by title and content if the hearings are
scheduled for the same meeting.
(8) The applicant shall coordinate with the County to assure the meeting is posted to the
County's website and social media platforms. Failure to post notice on the Monroe
County official website shall not constitute grounds for the cancellation of any public
meeting.
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(ch(q- Posting of notice. At least 15 days prior to any public hearing or public meeting wn an
application which requires posting of notice all applicants, excluding governmental
agencies, shall post the property that is the subject of the hearing or meeting with a
waterproof signs(s) prepared and p rovided by the pPlannin and Environmental Resources
dDepartment The notices shall be whieh are located so that the notices shall be easily
visible from all public streets and publie ways roads abutting the property. Failure to provide
proper notice as per this MenFee Geuwy Land Development Code or other reason resulting
in a delayed hearing shall result in the re- noticing of a new hearing_ or meeting date and
rehearing of the original proposal and which shall be at the expense of the applicant and
which shall be an amount equal to double the appropriate application fee. The applicant shall
remove the posted notice within ten days after completion of the hearin or meeting
idlJg}- Mailing of notice . For the types of applications listed
below, or otherwise required by this Land Development Code, lnotice of a public hearing or
public meeting °' shall be mailed by the county to all
owners of real property located within 404- feet of the property that is the subject of the
ro osed development appro yal ,
including any residents of the parcel proposed for development, at least 15 days prior to then
public hearin or public meeting . A list of such owners, as
shown by the latest available records in the Monroe County Property Appraiser Office, shall
be provided by the applicant with an application for development approval.
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(1) Mailinaof notice: Manor conditional use permit. Notices shall be mailed to property
owners, as described above, at least 15 days prior to a public hearing by the Planning
Commission.
Qh(h*- Mailing of notice: Minor conditional use permit. Notices-4- shall be mailed to
property owners, as described above, at least 15 days prior to the public meeting of f the
DRC. Following the DRC meeting, if the Planning Director approves the minor
conditional use permit and signs a development order, notice of the issuance of the minor
conditional use pe ift by the plafming ai~eete~ e f a „a:+:,, „„1 use
pefmit shall be mailed by the county to property owners, as described above, all ewneffi
appheation, , and shall
indicate commencement of the 30 day appeal period and the means of filing an appeal.
least 15 days pr-ier- te the develepment review eemfnit4ee meefing. A list ef S"eh ewner-9
(3) Mailing of notice: Community Meeting. Notices shall be mailed to property owners, as
described above, at least 15 days prior to a Community Meeting required pursuant to
Section 110 -3 or 102 -159.
Leh(i)-Other notice. Notice of all public hearings and public meetings shall be posted on the
Menfe Geunty Vcojjn ty's official w ebsite as soon as is practical. Failure to post notice on
the ounty's official w ebsite shall not constitute grounds for the
cancellation of any public hearing or public meeting, nor shall it constitute grounds for the
cancellation of any action taken by a board at such a meeting.
fL(j - Affidavit and photograph of notice. An affidavit and photographic evidence shall be
provided by the applicant at the beginning of the respective p ublic hearin or public meeting
or in the cases of minor conditional use permit applications at beginning of the development
review committee meeting, demonstrating that the applicant has complied with the notice
required by this section.
fig) Noticing expenses. Applicants shall be responsible for the cost of all noticing. ,
Sec. 110 -6. Hearing pProcedures for eApplications for dDevelopment *Approval.
(a) Setting the public hearing. When the Planning Director or
his or her designee determines that an application for development approval is complete and
that a public hearing is required by this ehaptef Land Development Code he or she shall
consult with the coordinator / secretary of the bodies required to conduct the up blic hearing
and shall select a place and time certain for the required hearing, and shall cause published,
written and posted notices of the up blic hearing to be given.
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(b) Examination and copying of application an d
reasonable request, any person may examine the
support of or in opposition to an application for
materials shall be made available at cost.
(c) Conduct of hearing.
other documents. At any time upon
application and materials submitted in
development approval. Copies of such
(1) Oath or affirmation. Testimony and evidence shall be given under oath or by
affirmation to the body conducting the up blic hearing.
(2) Rights of all persons. Any person may appear at a public hearing and submit
evidence, either individually or as a representative of an organization. Anyone
representing an organization must present written evidence of his authority to speak on
behalf of the organization in regard to the matter under consideration. Each person who
appears at a public hearing shall i provide his or her name and his-address
and if appearing on behalf of an organization state the name and mailing address of the
organization.
(3) Due order of proceedings. The body conducting the up blic hearing may exclude
testimony or evidence that it finds to be irrelevant, immaterial or unduly repetitious. Any
person may ask relevant questions of other persons appearing as witnesses, but shall do
so only through the chair at the chair's discretion. The order of proceedings shall be as
follows:
a. The - Planning and Environmental Resources dDepart ment of plamingstaff shall
present a narrative and graphic description of the proposed development.
b. TUe Planning and Environmental Resources D department staff shall
present a •....:««e_.. Mad o~°' recommendation, inel ding the r-epe � --as well as any
recommendations by members of the development review committee. This staff
recommendation shall address each factor required to be considered by the
Comprehensive Plan and this Land Development Code.
to the - heer-i g-
c. The applicant shall present any information it deems appropriate.
d. Public testimony shall be he
t
e. T h "tl ' Planning and Environmental Resources D epartment of plaming staff may
respond to any statement made by the develeper- or any public comment.
f. The applicant may respond to any testimony or evidence presented by the staff or
public.
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(4) Testimony. In the event any testimony or evidence is excluded as irrelevant,
immaterial or unduly repetitious, the person offering such testimony or evidence shall
have an opportunity to make a proffer in regard to such testimony or evidence for the
record. Such proffer may be made at the public hearing or in writing within 15 days after
the close of the up blic hearing.
(5) Continuance of up blic hearing. The body conducting the uD blic hearing may, on its
own motion , continue the p hearing to a fixed date,
time and place. No notice shall be required if a up blic hearing is continued to a fixed
date, time and place An applicant shall have the right to request and be granted a one
continuance; however, all subsequent continuances shall be granted at the discretion of
the body conducting the hearing only upon good cause shown. All adjourned public
hearings shall commence only upon the giving of all notices that would have been
required were it the initial call of the public hearing.
(6) Written protests. In the event of written protests against a proposed major conditional
use permit signed by the real property owners of 20 percent or more of
the people required to be noticed in Ssection 110 -5(d), such application shall not be
approved except by the concurring vote of at least four commissioners before the full
board of either commission.
(7) Other rules to govern. Other matters pertaining to the public hearing shall be
governed by other provisions of this Monroe County Code applicable to the body
conducting the hearing and its adopted rules of procedure, so long as the same are not in
conflict with this article. The county's decision - making bodies may adopt a rule of
procedure to limit the number of applications for development approval that may be
considered per meeting.
(8) Record.
a. The body conducting the up blic hearing shall record the proceedings by any
appropriate means that shall be transcribed at the request of any person upon
application to the eCounty Aadministrator and payment of a fee to cover the cost of
transcription or duplication of the audio record or tape. Except, however, if a person
desires to appeal a decision of the Pplanning Ceommission pursuant to chapter 102,
article VI, such person shall, at his own expense, provide a transcript of the un blic
hearing before the blanning Ceommission transcribed by a certified court reporter.
b. The transcript, all applications, memoranda, or data submitted to the decision -
making body, evidence received or considered by the decision - making body,
questions and proffers of proof, objections, and rulings thereon, presented to the
decision - making body, and the decision, recommendation or order of the decision -
making body shall constitute the record.
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c. All records of decision - making bodies shall be public records, open for inspection
at reasonable times and upon reasonable notice.
Sec. 110 -7. Actions by dDecision- mMaking *Persons and bBodies.
(a) Generally. All decision - making persons and bodies shall act in accord with time limits
established in this ehapter - Land Development Cod °e *eept aS ffevided eetien 101 2
Action shall be taken as promptly as possible in consideration of the interests of the citizens
of the county.
(b) Findings. All decisions shall be in writing and adopted by resolution and shall include at
least the following elements:
(1) A summary of the information presented before the decision - making body;
(2) A summary of all documentary evidence provided to the decision - making body or
which the decision - making body considered in making its decision; and
(3) A clear statement of specific findings of fact and a statement of the basis upon which
such facts were determined, with specific reference to the relevant standards set forth in
this ehapter- Development Codt ineluding but net limited te, the standaMs H
spptimq I IQ P.
(c) Notification. Notification of a decision - making body's decision, by copy of the resolution,
shall be mailed by the Pplanning Ddirector to the applicant by certified mail.
Sec. 110 -8. Successive ftApplications.
Whenever any application for development approval is denied for failure to meet the substantive
requirements of the Comprehensive Plan and/or the Land Development Code= 'eguIpA e , an
application for development approval for all or a part of the same property shall not be
considered for a period of two 2_years after the date of denial unless the subsequent application
involves a development proposal that is materially different from the prior proposal or unless
four (41members of the Pplanning Ceommission determine that the prior denial was based on
the material mistake of fact. For the purposes of this provision, a development proposal shall be
considered materially different if it involves a significant modification(s) as determined by
Planning Director or the application expressly
satisfies the deficiencies that were identified in the prior denial. The body charged with
conducting the initial public hearing under such successive applications shall resolve any
question concerning the similarity of a second application or other questions that may develop
under this section.
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Sec. 110 -9. Suspension of dDevelopment r-Review pProceedings.
The air° p Planning Director may in his or her discretion suspend consideration of any
application for development approval during the pendency of a code °�n
Secs. 110 -10- 110 -36. Reserved.
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with review of a development application but impose conditions on such development approval
requiring resolution of outstanding code violations on the subject parcel prior to or co
with the proposed development.
Monroe County Comprehensive Plan Update
ARTICLE II. DEVELOPMENT AS OF RIGHT
Sec. 110 -37. Development pPermitted as of r-Right.
(a) Purpose.
Uses permitted as of right are those uses that are compatible with other land uses in a land
use (zoning) district, provided they are developed in conformity with the Comprehensive
Plan and this Land Development Cod
(b) Application.
An applicant for development approval for a use permitted as of right shall submit an
application for a building permit, which shall be reviewed by Planning and Environmental
Resources Department staff. teg ether- with a eeftifieate of eemplian , if ^a, obtain ^a
..♦ t ..t: 110 142 a nd a .d pt; o f the pr-opes .do of «t t.. th l., :l.d:
tleta l.
(c) Action on the application.
If the Pplanning Ddirector determines that the proposed development is in compliance with
the Comprehensive Plan and this Land Development Cod °^ r ~~
eEtuiF^^ ~t^ ^f th:.; C'^a° And
and the bBuilding eOfficial determines that it is in
compliance with the Florida Building Code and th ^ plie n t f Y a^ e l.,., m e t appr-ev has
h^^; ^r-a ^a a ee of eemplianee the hBuilding eOfficial shall issue a building
permit with or without conditions.
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Secs. 110 -38 — 110 -62. Reserved.
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ARTICLE III. CONDITIONAL USES
Sec. 110 -63. Purpose.
Minor and maior Cconditional uses are those uses that are generally compatible with the other
land uses permitted in a land use Lzoninghdistrict, but which require individual review of their
location, design and configuration and the imposition of conditions in order to ensure the
appropriateness of the use at a particular location.
Sec. 110 -64. Authority.
The dir - e eter - of Director and the plaming- - Plannina Commission may, in
accordance with the procedures, standards and limitations of this article and subject to such
rights of appeal as are provided, approve applications for conditional use permits.
Sec. 110 -65. Authorized eConditional *Uses.
Only those uses that are authorized in chapter 130, article III, ef: these nefteefifeffaing uses
,
may be approved as conditional uses unless otherwise specified in this Land Development Code
(}The designation of a use in a land use zonin district as a conditional use does not
constitute an authorization or an assurance that such use will be approved.
(U_(2}Each proposed conditional use shall be evaluated by the Planning Ddirector and in the
case of major conditional uses, the pieg Planning ommission for
compliance with the standards and conditions set forth in this article for each district.
Lch(3+--The plafmi Planning dDirector and the Planninti ommission is
empowered, within their review of minor and maior conditional use applications,
respectively, to -rnedi fy er--to a2nrove, or approve with conditions, or deny any application
that may not be appropriate within any particular area in the context of surrounding
properties and neighborhoods as well as on grounds of insufficient submittals for adequate
review or contrary to objectives policies, and goals of the omprehensive
ple�r -Plan or the provisions of this Land Development Code
Sec. 110 -66. Initiation.
An application fora -conditional use p ermit shall be submitted by the land owner, or
an agent authorized in writing to act on the land owner's behalf,
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Sec. 110 -67. Standards aApplicable to all c-Conditional *tUses.
When considering applications for a conditional use permit, the dir-eeter- of pPlannin Director
and the planning Ceommission shall consider the extent to which:
all{WThe conditional use is consistent with the purposes, goals, objectives and stander-ds
p olicies of the Comprehensive p Plan and this Land Development Cod, , ehapteF;
f.hIWThe conditional use is consistent with the community character of the immediate vicinity
of the parcel proposed for development;
Lch(3) -The design of the proposed development minimizes adverse effects, including visual
impacts, off the proposed use on adjacent properties;
L&(4)-The proposed use will have an adverse effect on the value of surrounding properties;
LeL(5) -The adequacy of public facilities and services including, but net limited Feadw °• °,
t f t fir a t e di o t
�flftf lC�'ITS� �ttt�pS4CCCCiGr�liF7 �TrliTt�C1�'i .�rS�JGfTi� �, di ste
e systems dis sewers judged ftee8Fdi*g
0
f�(6) -The applicant for conditional use approval has the financial and technical capacity to
complete the development as proposed and has made adequate legal provision to guarantee
the provision and development of any improvements associated with
the proposed development;
(gj(7} -The development will adversely affect a known archaeological, historical or cultural
resource;
JhL{8�- Public access to public beaches and other waterfront areas is preserved as a part of the
proposed development; and
x(94 -The proposed use complies with all additional standards imposed on it by the particular
provision of this Land Development Code authorizing such use and by all other
applicable requirements o is Gede
Sec. 110 -68. Conditions.
The dir-eeter- of - lannin Director or the Pplanning Ceommission may attach such conditions to
a conditional use permit as are necessary to carry out the purposes of the Comprehensive p Plan
and this Land Development Code and to prevent or minimize adverse effects upon other property
in the neighborhood, including, but not limited to, limitations on size, bulk and location;
requirements for landscaping, lighting, ingress and egress ° i *- P
but pr-ejeef related iffipFevements; phasing of development ; hours of
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operation; and mitigation of environmental impacts. Th ..lannia- . . i e" the di"e"t^" "r
pur-sea t „t: 1 71 bef er-e Flo e l o rt_ e d — F :th
eenditienal use.
Sec. 110 -69. Minor eConditional *Uses.
(a) Applications for a minor conditional use permit. An application for a minor conditional use
permit shall be submitted to the plafmiffg- Planning d eete�Director in the form provided by the
pPlanning and Environmental Resources dDepartment. If an application for a minor conditional
use permit includes a major conditional use, then the minor conditional use shall be considered in
conjunction with the major conditional use in accordance with the procedures of sSection 110-
70.
The application shall include:
(1) the name and address of the property owner(s) of record:
2) the property record card(s) from the Monroe County Property Appraiser;
3) a written leeal description of the property proposed for development:
(4) a boundary survey of the property proposed for development, prepared by a surveyor
registered in the State of Florida, showing the boundaries of the site, elevations, bodies of
water and wetlands on the site and adjacent to the site, existing structures including all
impervious areas, existing_ easements, total acreage and total acreage by habitat,
(5) a site plan, prepared and sealed by a professional architect, engineer, or any other
professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one
inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall
depict the following features and information:
a. Date, north point and graphic scale:
b. Boundary lines of site, including all property lines and mean high- water, lines
shown in accordance with Florida Statutes:
c. All attributes from the boundary survey,
d. Future Land Use May (FLUM) designation(s) of the site;
e. Land Use (Zoning) District designation(s) of site,
f. Tier designation(s) of the site:
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g. Flood zones pursuant to the Flood Insurance Rate Man:
h. Setback lines as required by this Land Development Code,
i. Locations and dimensions of all existing and proposed structures, including all
paved areas and clear site triangles,
i. Size and type of buffer yards and narking lot landscaping areas, includinw the
species and number of plants:
k. Extent and area of wetlands, open space preservation areas and conservation
easements:
1. Delineation of habitat types to demonstrate buildable area on the site, including any
heritage trees identified and any potential species that may use the site (certified by an
approved biologist and based on the most current professionally recognized mapping
by the U.S. Fish and Wildlife Service):
m. Drainage plan including existing and proposed topography, all drainage structures,
retention areas, drainage swales and existing and proposed permeable and
impermeable areas:
n. Location of fire hydrants or fire wells:
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system Qrovider) or on -site system
proposed to meet required county and state wastewater treatment standards: and
D. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the type and number of all
units, the amounts of impervious and pervious areas, and calculations for land use
intensity and density, open space ratio, and off - street parking and
(6) any additional information required by a specific regulation applvin to o the proposed
development.
(b) Review by the Ddevelopment Roeview ECommittee. An application for a minor conditional
use permit shall be reviewed by the Ddevelopment Review Ceommittee DRC
J. At the
meeting, DRC members shall make may comment on the
application and responsible planning and Eenvironmental Rfesources Ddepartment staff
shall provide their staff report(s) The applicant shall provide any additional information
requested by the DRC within 6 months of the date of the DRC meeting when the application
was considered. If such information is not received within this timeframe, the application
will be deemed withdrawn. to the p i a...,,eter- individual fn .,,,.o,.s A f * a,,..,.l .e..r
110 -16 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
ee mmittee= DRC members may submit additional reports and comments to the
Pplanning Ddirector within five (5)ten-working days in advance of the meeting. Mailed
notice of the DRC meeting shall be sent to surrounding_ property owners in accordance with
Section 110 -5.
(c) Decision by the Planning Ddirector. Within 60 days after the DRC de velepment
ewe - meeting, the Pplanning Ddirector shall render a development order granting,
granting with conditions or denying the application for a minor conditional use permit, with
the exception of any application where a condition has been imposed that must be satisfied
prior to the issuance of a development order approving the minor conditional use permit, in
which case the development order shall be issued within 30 days after receipt of proof of
satisfaction of the condition(s). Such proof of satisfaction must be submitted to the Planning
Director within 6 months of notification to the applicant by the County. If such proof is not
received within this timeframe, the application will be deemed withdrawn.
(d) Notice of grant of a minor conditional use permit. The Planning Director shall give
both advertised and mailed notice of any development order granting a minor conditional use
in accordance with Section 110 -5. by s e nding ° vffittea nefiee to all ° of Fea "
new papers ef leeal ekeulat eeunty by advertisefli-eifiti� e- legal eetien. The
(e) Consideration of a minor conditional use approval by the PP lanning Coommission. An
uurrxims [rucnz api7em or 'ir reques � r`"rriror cvircrrrroiiis: use t .:�_.
appr-eval shall be ge by the pr-evisien effseettien-402 185. in For applications for
minor conditional use approval where the Pplanning Ddirector determines the application has
unique or peculiar circumstances and the applicant and the Planning Ddirector by mutual
consent agree, the Manning Ddirector may request a public hearing by the ftPlanning
eCommission. Such agreement shall be documented in writing in a form approved by the
eCounty oAttorney.
(fl Appeal of a minor conditional use approved by the Planning Director. The applicant, an
adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S.
163.3215 (2), may request an appeal of the Planning Director's minor conditional use
decision under chapter 102, article VI, division 2 by filing the notice required by that article
within 30 days of the written decision of the Planning Director.
(g) Appeal of a minor conditional use approved by the Planning Commission. The applicant,
an adjacent property owner, or any aggrieved or adversely affected person, as defined by F.S.
163.3215(2). or any person who presented testimony or evidence at the public hearing
conducted pursuant to subsection (c) of this section may request an appeal of the Planning
Commission's decision under chapter 102, article VI, division 2 by filing the notice required
by that article within 30 days of the written decision of the Planning Commission.
110 -17 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Sec. 110-70. Major eConditional *Uses.
(a) Applications for major conditional uses. An application for a major conditional use
permit shall be submitted to the Planning Ddirector in a form provided by the pElannin and
Environmental Resources dDepartment. The application shall include:
, plat
by the board of eewity eemmi-;qie;;tQ;:r
limited size ef seale ef the development as detefmined by the planning diFeet
(1) the name and address of the property owner(s) of record:
2) the property record card(s) from the Monroe County Property Appraiser
3) a written leeal description of the Dronerty proposed for development;
(4) a boundary survey of the property proposed for development, prepared by a surveyor
registered in the State of Florida, showing the boundaries of the site, elevations, bodies of
water and wetlands on the site and adjacent to the site, existing structures including all
impervious areas. existing easements, total acreage and total acreage by habitat:
(5) a site plan, prepared and sealed by a professional architect, engineer, or any other
professional licensed to prepare a site plan. The site plan shall be drawn to a scale of one
inch equals ten feet or one inch equals twenty feet. At a minimum, the site plan shall
depict the following features and information:
a. Date, north point and graphic scale:
b. Boundary lines of site, including all property lines and mean high- water, lines
shown in accordance with Florida Statutes;
c. All attributes from the boundary survey:
d. Future Land Use Map (FLUM) desi ation (s) of the site;
e. Land Use (Zoning) District designation(s) of site:
f. Tier designations) of the site:
g. Flood zones pursuant to the Flood Insurance Rate Map.
h. Setback lines as required by this Land Development Code:
110 -18 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
i. Locations and dimensions of all existing proposed structures, including all
paved areas and clear site triangles;
J. Size and We of buffer yards and parking lot landscaping areas, including the
species and number of plants;
k. Extent and area of wetlands, open space preservation areas and conservation
easements,
1. Delineation of habitat types to demonstrate buildable area on the site, including any
heritage trees identified and any potential species that may use the site (certified by an
approved biologist and based on the most current professionally recognized mapping
by the U.S. Fish and Wildlife Service):
m. Drainage plan including existing xisting and proposed topography, all drainage structures,
retention areas, drainaae swales and existing and proposed permeable and
impermeable areas,
n. Location of fire hydrants or fire wells;
o. The location of public utilities, including location of the closest available water
supply system or collection lines and the closest available wastewater collection
system or collection lines (with wastewater system provider) or on -site system
proposed to meet required county and state wastewater treatment standards; and
p. A table providing the total land area of the site, the total buildable area of the site,
the type and square footage of all nonresidential land uses, the We and number of all
units, the amounts of impervious and pervious areas, and calculations for land use
intensity and density, open space ratio, and off - street parking, and
(§)e-An environmental designation survey consisting of
g. 4—.A plan drawn to a scale of one inch equals 20 feet or less, except where
impractical and the pPlanning dDirector authorizes a smaller scale, and showing the
following:
(4L.-The location of property;
(ii)j. The date, approximate north point and graphic scale;
(iii)j.-The acreage within the property;
(-iyo. The boundary lines of the property and their bearings and distances;
(-v)5. The topography and typical ground cover;
(*i)6. The general water surface characteristics, water areas and drainage patterns,
including location of MHWL, if applicable
110 -19 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(vi)7. The contours at an interval of not greater than one foot or at lesser intervals
if deemed necessary for review purposes;
(*iii)8. The 100 -year flood -prone areas by flood zone;
(i*) . The presently developed and/or already altered areas; and
(*) The leeatien ef mean high water. line;
b. -2-.-A natural vegetation map and/or a map of unique environmental features such
as:
(i)1.-G4maK-Tropical hardwood hammocks;
(4)2. Endangered species habitats; and
(iii)j. Major wildlife intensive use areas;
c_-3 Aerial photographs of the property and surrounding area;
d. 4-A review of historical and archeological sites by the Florida Division of
Archives, History and Records Management;
e. -5-.-A review of unique environmental features such as:
(i)l. Tropical hardwood hammocks;
(2. Endangered species habitats; and
(iii)3. Major wildlife intensive use areas;
f. Actual acreage of specific vegetation species or other environmental
characteristics;
g General information relating to the property in regard to the potential impact
which development of the site could have on the area's natural environment and
ecology;
h. Environmental resources:
(O L. If shoreline zones were identified, describe in detail any proposed site
alterations in the areas, including vegetation removal, dredging, canals or
channels; identify measures which have been taken to protect the natural,
biological functions of vegetation within this area such as shoreline stabilization,
wildlife and marine habitat, marine productivity and water quality maintenance;
(ii)2. If tropical hammock communities or other protected vegetative communities
were identified, describe proposed site alteration in those areas and indicate
measures which were taken to protect intact areas prior to, during and after
construction;
{iio3. Describe plans for vegetation and landscaping of cleared sites including a
completion schedule for such work;
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Monroe County Comprehensive Plan Cpdatc
i_9-.-Environmental resources - wildlife. Describe the wildlife species that nest, feed or
reside on or adjacent to the proposed site. Specifically identify those species
considered to be threatened or endangered. Indicate measures that will be taken to
protect wildlife and their habitats; and
L4-O-.-Environmental resources -water quality:
L(+Identify any wastewater disposal areas, including stormwater runoff, septic
tank drain- fields, impervious surfaces and construction - related runoff; describe
anticipated volume and characteristics. Indicate measures taken to minimize the
adverse impacts of these potential pollution sources upon the quality of the
receiving waters prior to, during, and after construction; identify the near shore
water quality; and identify how this development will not adversely impact the
near shore water quality;
2_(ii)--Indicate the degree to which any natural drainage patterns have been
incorporated into the drainage system of the project;
GJb-A community impact statement, including:
a_4 - General description of proposed development:
1_(i) -- Provide a general written description of the proposed development;
includ any this aeser-iptien- -t-he- proposed phases of development,
eper�ttion emd- €acidity use target- dates -CA;: east} Of these and date of eempleti°
.dditi i me the site size,
r14r'- °° qa°n*=t�lhe number and type of existing and proposed
r -widen i"welliniz units, eeffffner-eial the amount and type of existing and
proposed nonresidential floor area, tetifist aeeeffmnedmiea and
parking demand and capacitie fefresidential development, indieate --thee
a t e i e de e f th p l e t .a p et
2. (4- Identify aspects of the project design, such as a clustering, which were
incorporated to reduce public facilities costs and limit adverse impacts on the
environment and , describe
building and siting specifications which were used to reduce hurricane and fire
damage potential; to eemply -with federal Heed
eempf:ehensive use plan;
L-2—Impact assessment on public facilities - water supply:
1_(i) -- Identify projected daily potable water demands eA the end of eael
de*eiepmeot phase and specify any consumption rates that have been assumed for
the projection;
2.{ii}Provide proof of coordination with the Florida Keys Aqueduct Authority;
assess the present and projected capacity of the water supply system and the
110 -21 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
ability of such system to provide adequate water for the proposed development;
and
3.( -ice} Describe measures to ensure that water pressure and flow will be adequate
for fire protection for the type of construction proposed;
4. Identify aspects of the project design which are proposed to reduce potable
water demand and impacts to the public water supply,
c. Impact assessment on public facilities wastewater management:
1_(+Provide proof of coordination with the Florida Department of Health -ate
Rehabilitative Sefyiees;
2.(-iii)- Provide projection of the average flows of wastewater generated by the
development at the end of each development phase; describe proposed treatment
system, method and degree of treatment, quality of effluent, and location of
effluent and sludge disposal areas; identify method and responsibilities for
operation and maintenance of facilities;
3.{iii}If public facilities are to be used, provide proof of coordination with the
county waste collection and disposal district; assess the present and projected
capacity of the treatment and transmission facilities and the ability of such
facilities to provide adequate service to the proposed development; and
4.(iv}If applicable, provide a description of the volume and characteristics of any
industrial or other effluents;
L4-.P- assessment on p ublic facilities solid waste:
1_(+-Identify projected average daily volumes of solid waste generated by the
development at the end of each phase; indicate proposed methods of treatment
and disposal; and
2_(ri}Provide proof of coordination with county municipal services district;
assess the present and projected capacity of the solid waste treatment and disposal
system and the ability of such facilities to provide adequate services to the
proposed development; a*d
I
e_-5- Impact assessment on jzpublic facilities transportation:
1_fi)--Provide a projection of the expected vehicle trip generation --at: -the
describe in terms of external trip
generation and average daily and peak hour traffic;
2. Provide a traffic study. if applicable. as specified in Section 114 -200; and
110 -22 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(i) if th e pr-ejee ' l des r-e sidefitial d pment pr-ev b ea „d
th e propose r-es idential tin its b y ' i — )r- F ental n,d " e f nit n,. r-afige lLL JRLr
asssin gl family ,d „«,l e#, townhou, e1:E
(ii if lots a t b so ld ..:th l; sh
, nnt.-, d ` yea l„R_�,n:tn
Li - CCCa - a - .. � r , - RL.r - cLLv
num a per-ee e f n eh lets a nd the e xtent e f b '
pr:vrZV - �cn�
(iii) As sess the p otential o f the pr-epes de v elo pme nt t e t leeal e
7 Sp .,I a ;.do atie
eempFe land use plan ,.1.:eefiyes a nd p a indie t .- e l..ti o n s hip s
/ "l T !1 eats any r --of t h t t • speeial land wand
d 1 nt .dint n eh a a i .rt .. o id L, d _ 2e n es e .d liquid w
, l : � �RJ
i) i f 1 ^able, the L a s 1 m t e n
�iTi7- ra -uPPri , irr. �crr[na ry t �m%�vpvacu - aci crvprrrci�i u�,v�.
ethe „d' nt , fb mun i e i p aliti es nt er-
8. Th .d n,d nF .,t; pFev ided i ' A nta t a . Liaen
L. , .....d:n..t d W ith d AR d A th e . inLC.-.....,ti .,n. er- n .-....:tn r-o r-e d b
(8) Any additional information required b}�a specific regulation applying to the proposed
development.
(b) Review by the Ddevelopment Rr -eview Coommittee (DRC) An application for a major
conditional use permit shall be reviewed by the DRC The
development r-eview DRC shall give comments to the applicant, responsible staff
and the Manning Ddirector. Within 60 days of the meeting or within 60 days after an
additional information re uired from the applicant is furnished
, the planning department shall provide for advertisement of ad9y
the required public hearing by the planning Ceommission.
(c) Public hearing on an application for a m ajor conditional use perm it. The applicant shall
Commission hearing, in accordance with Section 110- 3(b)L— Planning CFommission
shall hold a public hearing on the application for a major conditional use permit and shall
issue a development order granting, granting with conditions or denying the application for a
major conditional use permit within 60 days of the public hearing by the Planning
Commmission, with the exception of any application where a condition has been imposed that
must be satisfied prior to the issuance of a development order approving the major
110 -23 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
conditional use permit, in which case the development order shall be issued within 30 days
after receipt of proof of satisfaction of the condition. The applicant shall provide any
additional information to satisfy a condition required by the Planning Commission within one
(1) year of the date of the Planning Commission meeting when the application was
considered. If such information is not received within this timeframe, the application will be
deemed withdrawn.
(de) Appeal of a major conditional use ® by the PPplanning C'e-ommission.
The applicant, an adjacent property owner, or any aggrieved or adversely affected person, as
defined by F.S. § 163.3215(2), or any person who presented testimony or evidence at the
public hearing conducted pursuant to subsection (c) of this section may request an appeal of
the Pplanning Ceommission's ecision under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days of the written decision
of the Pplanning Ceommission.
Sec. 110 -71. Reserved. Finn! development pinn subsequent to appr-aval of eonditional use
110 -24 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
g. Evidemees development that is eensisfent with the stated pttfpese of the land use distFie+,�
110-25 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 110 -72. Recording of Ceonditional *Uses.
(a) All conditional use approvals shall be recorded with the Celerk of the Ceircuit Ceourt in
the official records of the county, including the terms and conditions upon which such
approval is given, prior to the issuance of a building permit. The requirement contained in
sSection 110 -73(a) that a conditional use permit not be transferred to a successive owner
without notification to the Manning Ddirector within 4-5-6 days of the transfer must be
included on the document which is recorded pursuant to this section.
(b) Prior to the expiration of the time periods described in sSection 110- 73(a)(1) and the
commencement of any construction, the owner of any property which is the subject of a
recorded conditional use approval and who desires to abandon such approval shall submit a
petition to the Planning Directo . The
resolution shall be a recordable instrument. If the majeF- conditional use, which is the subject
of the recorded approval, has been constructed, or partially constructed, the owner of the site
may petition the Pplanning Ceommission or- Planning Director for the releas -••hieh shaI
also be by a review; but the body shall not grant such a petition unless it
finds that the major. conditional use has been abandoned or is presently in an irrevocable
process of abandonment.
Sec. 110 -73. Development *Under an *Approved eConditional *Use VPermit.
(a) Effect of issuance of a conditional use approval. Approval for a conditional use shall be
deemed to authorize only the particular use for which it is issued. A conditional use approval
shall not be transferred to a successive owner without notification to the Pplanning Ddirector
within 60 days of the transfer.
(1) Unless otherwise specified in a major conditional use approval, all required building
permits and certificates of occupancy and/or certificates of completion shall be procured
within three 31years of the date on which the major conditional use approval is recorded
and filed in the official records of Monroe County, or the major conditional use approval
shall become null and void with no further action required by the county. Approval time
frames do not change with successive owners. Extensions of time to a major conditional
use approval may be granted only by the Manning Ceommission for periods not to
exceed twos years, unless otherwise specified. Applications for extensions shall be
made prior to the expiration dates. Extensions to expired major conditional use approvals
shall be accomplished only by re- application for the major conditional uses. When a
110 -26 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
hearing officer has ordered a conditional use approval initially denied by the IPplanning
Ceommission, the Planning Ceommission shall nonetheless have the authority to grant
or deny a time extension under this section. If the Manning Ceommission denies a time
extension, the holder of the conditional use may request an appeal of that decision under
chapter 102, article VI by filing the notice required by that article within 30 days of the
written denial of the Planning Ceommission.
(2) Unless otherwise specified in a minor conditional use approval, all required building
permits and certificates of occupancy and/or certificates of completion shall be procured
within three years of the date on which the minor conditional use approval is recorded
and filed in the official records of Monroe County, or the minor conditional use approval
shall become null and void with no further action required by the county. Approval time
frames do not change with successive owners. Extensions of time to a minor conditional
use approval may be granted only by the pl lanning dDirector for periods not to exceed
one year. Applications for extensions shall be made prior to the expiration dates.
Extensions to expired minor conditional use approvals shall be accomplished only by re-
application for the minor conditional uses. When a hearing officer has ordered a
conditional use approval initially denied by the p !lanning dDirector, the p !lanning
dDirector shall nonetheless have the authority to grant or deny a time extension under this
section. If the pPlanning dDirector denies a time extension, the holder of the conditional
use may request an appeal of that decision under eChapter 102, eArticle VI by filing the
notice required by that article within 30 days of the written denial of the Planning
Ddirector.
(3) Development of the use shall not be carried out until the applicant has secured all
other permits and approvals required by this Land Development Code Florida Building
Code, and/ regional, state and federal agencies and until the approved conditional use is
recorded in accordance with Ssection 110 -72.
(4) In the case of conditional use permit approvals for sites that have existing
development, lawful uses that are in existence but anticipated to be demolished may
remain in place while the redevelopment is taking place to provide an opportunity for the
site to remain functional. The timeframe for removal of existing structures and uses shall
be included in the conditional use approval.
(b) Enforcement. Whenever the Planning Ddirector has reason to believe the provisions
and/or conditions of a conditional use permit are being violated, the Pplanning Ddirector
andeF Cc-ode Ceompliance Ddirector shall notify the alleged violator by certified mail and
require corrective action of the violation(s) within a reasonable period of time, not to exceed
120 days. If necessary, for the protection of the public health, safety or welfare, the
Planning Ddirector may notify the Bbuilding Oefficial to issue a temporary order stopping
any and all work on the development until such time as the violation is cured. If the
violation(s) is not corrected within the time specified, the violation(s) shall be referred to the
Ceode Ceompliance Ddepartment for Eenforcement.
110 -27 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(c) Deviations to a conditional use permit approval
mss. Deviations may be made to developments approved by conditional use permits and
existing uses deemed to have conditional use permits in accordance with Ssection 101 -4(c) as
follows:
(1) Deviations that do not result in additional impact. After development approved by a
conditional use permit is complete pursuant to sSection 110- 73(d), improvements that do
not result in additional impact may be approved as of right through the building permit
application process Such modifications are limited to the following:
a. Normal maintenance or repair to permit continuation of an approved use(s) and/or
structure(s);
b. Construction and/or installation of an accessory structure that does not reduce the
approved amount of open space for the site, does not alter any aspect of an approved
structure(s) and/or required landscaping, and meets all requirements of this Land
Development Code;
c. Replacement of an approved structure with a new structure that is for the same use,
within the same building footprint of the building to be replaced, and of equal or
lesser height of the building to be replaced. However in no event shall the preceding
language permit the continued existence or replacement of a nonconforming use or
nonconforming structure prohibited by Cehapter 102, Aarticle III. Nonconformities;
d. Installation of additional landscaping or the replacement of approved landscaping;
or
e. Demolition of a structure that is not required by the development order.
f. For approved commercial retail uses only, a change of intensity from high to
medium or low or a change of intensity from medium to low.
The preceding improvements may not be permitted as of right if their approval would
result in a substantial change in the overall impact or intent of the development order
or violate a provision or condition of the development order, as determined by the
PPplanning Ddirector.
(2) Minor deviations to minor and major conditional use permits. Minor deviations to
minor or major conditional use permits may be approved by the Pplanning Ddirector.
Such modifications are limited to the following:
a. Additional development that requires a deviation of up to ten percent 0 0% of one
or more the following requirements as follows:
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
1. Decrease in the Aamount of off - street parking pur-s an t t„ s fin 114 67 of the
;
2. Decrease in the - Aamount of loading /unloading spaces pufstiEffit to seetien 11 4
3. Decrease in the Aamount of landscaping puf:suant to see-fieff 11 4 99 or- the
4. Modification of the Bbufferyard width and/or plantings
n 4 125 dffeugh 114 130 of the appFeied eenditienal use peffait whiehe
5. Modification to the - Aaccess configuration p-•fn-. at t„ noe-t:,,,, "n °` ��
o , w hiehe TI ♦V,
6. Increase in the Aamount of non - residential floor area
; and/or
7_9 - . - Decrease in the -Aamount of open space ,
16 and 1 30 1 64 eF the appf:eved - eendittenal use .� ......
,
n tr: e-t:,
i @
b. Additional development that requires a deviation of up to five percent 5�/o of one
or more the following requirements as follows:
1. Increase in the Aamount of dwelling unit
and/or
2. Increase in the Aamount of transient dwelling units, including_ hotel- motel,
recreational vehicle and/or institutional d welling units
ren'�
.,.t:e n 130 162
c. For approved commercial retail or restaurant uses only, additional development or
redevelopment that requires an increase deviatien o f up to fee p ercent of the
approved intensity in terms of trip generation.
d. Adjustments to the development plan schedule or phasing plan. However, in no
event may a minor deviation extend any final deadlines for completion as such an
approval may only be granted in accordance with subsection (a).
Development approved by a minor deviation shall be consistent with all policies and
requirements of the Ceomprehensive flan and this Land Development Code.
110 -29 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Concerning major conditional use permits - approvals, regardless of compliance with
the preceding requirements, improvements or additional development may not be
permitted as a minor deviation if such would result in a substantial change in the
overall impact or intent of the development order or violate a provision or condition
of the development order. Such
improvements or additional development may only be approved by the Planniniz
Commission through a major deviation or an amendment to the major conditional use
permit.
Concerning minor conditional use permits-app, regardless of compliance with
the preceding requirements, improvements or additional development may not be
permitted as a minor deviation if such would result in a substantial change in the
overall impact or intent of the development order. Such improvements or additional
development may only be approved by an amendment to the minor conditional use
permit.
If the development requiring the minor deviation meets the requirements, the
P Ddirector may attach new conditions or adjust the original conditions as
necessary to carry out the purposes of the Ceomprehensive Pplan and Land
Development Code and to prevent or minimize adverse effects on other properties in
the neighborhood.
Requests for minor deviations shall be submitted to the Pplanning and Environmental
Resources dDepartment on a form prescribed by the Pplanning Ddirector. Minor
deviation approvals and denials shall be provided to the applicant in writing and are
subject to administrative appeal to the planning eCommission.
(3) Major deviations to minor conditional use permits. Major deviations to minor
conditional use permits may be approved by the Pplanning Ddirector. Such modifications
are limited to the following:
a. Additional development that requires a deviation of 44.411 to 20 percent of one or
more the following requirements as follows:
1. Decrease in the Aamount of off - street parking pursuant to .. fie "^ 67 er t he
2. Decrease in the Aamount of loading/unloading spacespwsuatif to seefien 114
> ;
3. Decrease in the Aamount of landscaping
110 -30 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
4. Modification to the 4bufferyard width and/or plantings
tin 125 . 1 n 1 30 it .,t,i
�T t-1�F6�}g�— 1 rr�- � -�v—vf tl�e-- F�ppT6'btE'�- f6i��6�3ft�-- �}�2 —� '
«. .:
more r-
5. Modification to the Aaccess configuration
6 . Width .,F 1 .,.t1...,.L.. „t t.. EieetiOH 130 196 of the a ire ....n d;t;, na l ,
6. Increase in the A of non - residential floor area
and/or
7_8-.- Decrease in the Aamount of open space puFsuant to seetions 130 15:7, 130
162 a nd 130 164 r the appr-elvedeendttional use pemflit ,t,i .
b. Additional development that requires a deviation of --'*.4 six L6Lto *n 7 10 percent of
one or more the following requirements as follows:
1. Increase in the -Aamount of dwelling units pufstiant to seetien 130 157 er - the
and/or
2. Increase in the Aamount of transient dwelling units, including hotel - motel,
recreational vehicle and/or institutional fesil dwelling units
seefien 130 162.
c. For approved commercial retail or restaurant uses only, additional development or
redevelopment that requires an deviation increase . of up4e& 9- Ll to 20 percent of the
approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with all policies and
requirements of the Ceomprehensive Pplan and this Land Development Code.
Regardless of compliance with the preceding requirements, improvements or
additional development to a minor conditional use permit may not be permitted as a
major deviation if such would result in a substantial change in the overall impact or
intent of the development order. Such improvements or additional development may
only be approved by an amendment to the minor conditional use permit.
If the development requiring the major deviation meets the requirements, the
P3lanning Ddirector may attach new conditions or adjust the original conditions as
necessary to carry out the purposes of the comprehensive plan and Land Development
Code and to prevent or minimize adverse effects on other properties in the
neighborhood.
110 -31 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Requests for major deviations shall be submitted to the PP lanning and Environmental
Resources D department on a form prescribed by the Pplanning Ddirector. Major
deviations to minor conditional use permit approvals and denials shall be provided to
the applicant in writing and are subject to administrative appeal to the Pplanning
Ceommission.
(4) Major deviations to major conditional use permits. Major deviations to *4ner-- ior
conditional use permits shall be approved by the Pblanning Ceommission. Such
modifications are limited to the following:
a. Additional development that requires a deviation of 44.4 to 20 percent of one or
more the following requirements as follows:
1. Decrease in the Aamount of off - street parking puFs,mat to seetien 114 67 or the
2. Decrease in the Aamount of loading/unloading spaces pufsumt te ion 114
3. Decrease in the Aamount of landscaping pursuant to seetie 1 99 „r th
4. Decrease in the 4bufferyard width and/or plantings
nor: eti-,
5. Access pursuant to Ssection 114 -195 through 114 -199 or the approved
conditional use permit, whichever is more restrictive;
;
6. Increase in the Aamount of non - residential floor area
130 164 or - the approved by the major conditional use permit ,,.h:,.hever
e tr—ie ; and/or
7_9— Decrease in the Aamount of open space required p ursuant to sections 130-
157, 130 -162 and 130 -164 or the approved major conditional use permit,
whichever is more restrictive.
b. Additional development that requires a deviation of -5 six Ito tel*- p ercent of
one or more the following requirements as follows:
1. Increase in the Aamount of dwelling units
appr-ev ,. n diti, nal t ise Fm ..h:,.h,,. i .,n i -6 6,.e : and/or
110 -32 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
2. Increase in the - Aamount of transient dwelling units, including hotel - motel,
recreational vehicle and/or institutional residential dwelling units
,,, iw 130 162
c. For approved commercial retail or restaurant uses only, additional development or
redevelopment that requires an deviation increase of up to 1.0.1 11 to 20 percent of the
approved intensity in terms of trip generation.
Development approved by a major deviation shall be consistent with all policies and
requirements of the Ceomprehensive Pplan and this Land Development Code.
Regardless of compliance with the preceding requirements, improvements or
additional development to a major conditional use permit may not be permitted as a
major deviation if such would result in a substantial change in the overall impact or
intent of the development order. Such improvements or additional development may
only be approved by an amendment to the major conditional use permit.
If the development requiring the major deviation meets the requirements, the
Pplanning ceommission may attach new conditions or adjust the original conditions
as necessary to carry out the purposes of the Ceomprehensive Pplan and Land
Development Code and to prevent or minimize adverse effects on other properties in
the neighborhood.
Requests for major deviations shall be submitted to the Pplannin and Environemtnal
Resources dDepartment on a form prescribed by the Pplanning Ddirector.
Applications for Mmajor deviations to major conditional use permits eppheetwm
shall be reviewed by the Ddevelopment Rfeview Ceommittee prior to the Pplanning
Ceommission public hearing.
Major deviation to major conditional use permit approvals and denials shall be
provided to the applicant in writing and are subject to appeal to a hearing officer
under chapter 102, article VI, division 2 by filing the notice required by that article
within 30 days of the date of the written decision of the Planning Ceommission.
(5) Amendment to a-- minor and major conditional use permits. Any adjustment,
improvement or additional development that is not permitted as of right, as minor
deviation, or as major deviation as set forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4)
shall be processed as an amendment to a conditional use permit subject to the process and
standards in accordance with °,eetion rSection 1 110 -67 and Section 110 -70
(6) Rounding. When units or measurements determining the required standards in this
section result in a fractional unit, any fraction tip to and ineludifigless than one -half shall
be disregarded and fractions ofvef one -half or greater shall round to the next integer.
110 -33 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(7) Variances and waivers. Under no circumstances shall approval of a minor or major
deviation to a conditional use permit negate any requirement to obtain a variance or
waiver if the adjustments require such pursuant to this Land Development Code. If a
variance or waiver is necessary to show compliance with any of the requirements set
forth in subsections (c)(1), (c)(2), (c)(3) or (c)(4), the variance or waiver shall be granted
prior to the related minor or major deviation approval.
(8) Timeframe. Deviations in accordance with this section may be approved during
construction or after issuance of a certificate of occupancy.
(d) Inspections after development.
(1) Inspections by the Mannin and Environmental Resources dDepartment. Following
completion of the development of a conditional use permit, the Manning and
Environmental Resources dDepartment shall review the development for compliance
with the use as approved. If it is determined that the conditional use permit has been
developed in accordance with the approval, then a certificate of occupancy shall be issued
in accordance with sSection 6 -145. If the Pplanning Ddirector finds that the development,
as completed, fails in any respect to comply with the use as approved, he or she shall
immediately notify the Bbuilding Oefficial, the Pplanning Ceommission, the be r-d -Af
eeunty BOCC and the applicant of such fact. The Bbuilding Oefficial
shall not issue a certificate of occupancy pursuant to sSection 6 -145 until the Manning
Ceommission has acted on the Planning Ddirector's notification of noncompliance.
(2) Action by the Manning Ceommission. 30 working days following
notification by the Planning Ddirector, the Planning C eommission shall:
a. Recommend that the finding of the Planning Ddirector be overruled;
b. Recommend to the applicant modifications in the development to bring it into
accord with the terms and provisions of the final site p lan approval and the
conditional use permit; or
c. Revoke the conditional use permit, as well as all prior approvals and related or
resulting permits.
(3) Appeal before hearing officer. The holder of a conditional use permit approval
aggrieved by the decision of the Manning Ddirector pursuant to subsection (b) of this
section may request an appeal before a hearing officer under chapter 102, article VI,
division 2 by filing the notice required by that article within 30 days of the date of the
written decision of the Pplanning Ddirector.
Sec. 110 -74. . Reserved.
110-34 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Sec. 110 -75. Reserved. .
with the fellewing ehaFaeter-isties71
(54 Mi n i muffl of 20 sEltiar- feet of s paee f OF eh
(b) Oth s eapa bility will b , . table if a pp f:e ..°mil b th ,1„ „,,.-r.„„„+ „F,.:.,:1 d e f ense
L defense.
Waiver- of any ef the listed in subseetien (a) ef this seetieH must be appr-eved by the
Sec. 110 -76. Developments of r-Regional ilmpact and dDevelopment - tAgreements.
Notwithstanding anything contained in this article or elsewhere in this ithe eeuilffivy L1and
Ddevelopment Code regu44efts, when a conditional use is also a Ddevelopment of Rregional
Impact or is to be the subject of a Ddevelopment Aegreement under the Florida Local
Government Development Agreement Act (F.S. " Section 163.3220 et seq.) the final
development approval, and the approval of any deviations therefrom, shall be reserved to the
board of °etifit y ° °=rBOCC as provided by general law. with li right °r a ppeal to
Secs. 110 -77- 110 -95. Reserved.
110-35 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
ARTICLE IV. PLAT APPROVAL
Sec. 110 -96. Plat *Approval and -FRecording Required.
(a) Except as provided in subsections (b) and (c) of this section, plat approval shall be
required for:
(1) The division of a parcel of land into three or more parcels of land
(2) The division of a parcel of land into two er-- �parcels of land where the land
involved in the division was previously divided without plat approval wit the
two or
(3) The division of a parcel of land into two parcels of land where the disclosure
statement required under subsection (f) of this section is not attached to the conveyance.
a final plm has been appr-eved in aeeer-daftee with the pFevisieas of this utiele and r-eee
&F the lot en whieh the eens"efien is proposed.
(be) No plat approval is required if the subdivision involved consists only of the dedication
of a road, highway, street, alley or easement and the dire Planning Director
finds that it is not necessary that a plat be recorded. In lieu of recording a plat, the dedication
shall be required by deed and shall be subject to compliance with the submission of a
grading, paving and drainage plan which will meet the requirements of these regulations and
the posting of an improvement guarantee or bond as required under &Section 110 -100 before
the acceptance of the dedication by the BOCC
(cd) No plat of any subdivision shall be entitled to be recorded in the office of the Celerk of
the Ceircuit Ceourt until it shall have been approved by the b
eeffh%issien BOCC in the manner prescribed herein and certified by the clerk.
(de) If a plat has been previously approved and recorded, technical or minor changes to the
plat may be approved hrou h a lot line adjustment pursuant to
&Section110 -110 or if the changes meet the requirements of s. 177.141. Florida Statutes All
other changes shall be considered a replat in accordance with the provisions of this article.
(ef) The conveyance of land that involves the division of the land into two parcels where plat
approval is not obtained pursuant to this article shall include the following disclosure
statement:
"The parcel of land described in this instrument is located in the unincorporated
areas of the county. The use of the parcel of land is subject to and restricted by the
goals, objectives, and p olicies and-- ebje efives o f the Monroe County
Comprehensive Plan and the Land Development Code. Regulatiens adepted as it
110 - Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
... e f a nd i eti w ith a nd as a means of i th M
r eunt , C- empreheasive Pl an. The land development regulations provide that no
building permit shall be issued for any development of any kind unless the
proposed development complies with each and every requirement of the
regulations, including minimum area and density requirements for residential
development. You are hereby notified that under the Monroe County Land
Development Regulatiefts Code the division of land into parcels of land which are
not approved as platted lots under the regulations confers no right to develop a
parcel of land for any purpose."
Sec. 110 -97. General *Standards for p lat itApproval.
(a) N final plat shall be approved unless the plat is consistent with the
purposes, goals and objectives of the Comprehensive p Pn, this Land Development
Cod es, applicable provisions of state law, the provisions governing the development of
land set forth in chapter 130, and the procedures set forth in this article.
(b) In those areas where the Florida Keys Aqueduct Authority (FKAA) certifies that it can
furnish an adequate supply of water to the property to be platted, water distribution systems
shall be provided and constructed and shall become the property of the Fier-ida Keys
herivy and shall be maintained and operated by the n„L FKAA in
accordance with its water main extension policy.
(c) Sewers, sewage treatment plants, and septic systems shall meet all requirements of the
applicable county municipal service district, or any successor thereto, the Florida Department
of Environmental Protection, and the Florida Department of Health.
(d) No plat shall be approved which creates an unbuildable lot under the provisions of this
Land Development Code and/or exceeds the maximum density of the future land use
category or the land use district, whichever is less, *ales-, for wetland areas, which
may be included in a plat as conservation areas.the p bears - lege - °s+,.ietiah the _ se e
(e) No plat shall be approved unless it is prepared by a land surveyor licensed in the state.
(f) Lands within the IS, IS -M, IS -V. IS -D. URM, URM -L and CFV districts shall not be
platted, replatted or otherwise reconfigured in any manner that would allow the number of
proposed lots or units to exceed the number of lots or p arcels that lawfully existed as of
September 15, 1986.
(g) All open spaces required for a tract of land shall be preserved as dedicated open space for
each individual habitat type through the use of a conservation easement or a similar legal
instrument.
(h) Blocks.
110 -37 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(1) The length, width and shape of each block shall be determined with due re ark d to:
a. Provision of adequate building sites suitable to the special needs of the type of use
contemplated,
b. Regulations as to lot sizes and dimensions,
c. Need for convenient access, circulation, control and safety of street traffic, and
d. Limitations and opportunities of topography.
(2) Block lengths shall not exceed 1.320 feet, unless topographic or other features dictate
otherwise, nor be less than 400 feet. Block width shall be no less than 200 feet except for
single row or reverse frontage blocks.
(3) Pedestrian crosswalks, not less than six feet wide in land use (zoning) districts
oriented to residential use, and not less than 12 feet wide in land use (zoning) districts
oriented to nonresidential use, shall be required where deemed essential by the Planning
Director and/or County Engineer to provide circulation or access to schools, playgrounds,
shopping centers, transportation and other community facilities.
i Lots.
(1) The lot size, width, depth, shape and orientation, and the minimum setbacks shall be
appropriate for the location of the subdivision and for the We of development and use
contemplated in accordance with the Comprehensive Plan and this Land Development
Code.
(2) Lot dimensions shall conform to the following:
a. Residential lots. where not serviced by public or private sewer systems, shall be
sufficient to accommodate a on -site treatment and disposal system and drain field
meeting standards determined by the county health department.
b. Depth and width of lots reserved or laid out for nonresidential uses shall be
adequate to provide for the off - street service and parking facilities required by the
type of use and development contemplated.
(3) Corner lots for residential use shall have a primary and secondary front yard in
accordance with Section 131 -1.
(4) Side lot lines shall be substantially at right angles or radial to road lines. where
possible.
110 -38 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Roads.
( 1) The arrangement, character, extent, width, grade and location of all roads shall
conform to all the county plans and shall be considered in relation to existing an d
planned streets, topographical conditions, public convenience and safety, and in their
appropriate relation to the proposed uses of the land to be served by such roads.
(2) Right -of -way shall be provided and dedicated to the public in accordance with the
followine:
a. State roads: as determined by the Florida Department of Transportation;
b. County roads: 50 feet, with 25 feet on either side of centerline.
(3) Roads shall be located to provide access to all adjoining land at intervals of not
more than one - quarter mile (1,320 feet) unless blocked by a natural obstacle. Access to
all adjoining_ property must be provided by the developer at his expense if any of the
developer's actions block natural or existing access.
(4) Names of subdivisions and roads previously used in the county shall not be ivg en to
new subdivisions and roads. Roads that form extensions, or are located along the
general projections of existing roads, shall be named after the existing roads.
(5) Street markers and traffic- control signs shall be installed at the expense of the
developer in accordance with the county's typical standard construction details.
(6) The arrangement of roads in a subdivision shall either:
a. Provide for the continuance or appropriate projection of existing_ principal roads in
surrounding areas, or
b. Conform to a plan for the neighborhood to meet a particular situation where
topographical or other conditions make continuance or conformance to existing roads
oads
impracticable.
(7) Minor roads shall be laid out to discourage their use by through traffic.
(8) Where a subdivision abuts or contains existing or proposed arterial roads, the
county engineer may reguire marginal- access roads. reverse frontage with screen
planting contained in a non - access reservation along the rear property line, deep lots
with rear service alleys, or such other treatment as may be necessary for adequate
protection of residential properties and to afford separation of through and local traffic.
(9) Reserve strips controlling access to roads shall be prohibited except where their
control is placed under the county, with conditions approved by the county engineer.
110 -39 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(10) Roads with centerline offsets of less than 125 feet at points of intersection with
other roads shall be avoided where possible.
(11) A tangent of at least 100 feet shall be introduced between reverse curves on arterial
and collector roads if required by the county engineering department.
(12) When connecting road lines deflect from each other at any one point by more than
ten degrees, they shall be connected by a curve with a radius adequate to ensure a sight
distance of not less than 300 feet for minor and collector streets.
( 13) Roads shall be laid out so as to intersect as nearly as vossible at right angles, and
no road shall intersect any other street at less than 80 degrees.
(14) Property lines at road intersections shall be rounded with a minimum radius of 25
feet, or a greater radius where the county engineer may deem it necessary. The county
engineer may permit comparable cutoffs or chords in place of rounded corners.
(15) Half -roads shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with this Land Development Code, and
where the county engineer finds it will be practicable to require the dedication of the
other half when the adjoining_ property is subdivided. Wherever a half -road is adjacent
to a tract to be subdivided, the other half of the road shall be platted within such tract.
(16) Dead -end roads, designed to be so permanently, shall be provided at the closed end
with a turnaround having an outside roadway diameter of at least 70 feet, and a road
property line diameter of at least 100 feet, or may be provided with a "T" type
tumaround as may be approved per "Standard Specifications and Details of Monroe
County" by the county.
(17) Road grades, including bridge approaches, shall not exceed six percent and shall
include properly designed vertical curves.
(18) Paved roads shall be paved at least 20 feet wide on a minimum base width of 22
feet and a minimum subgrade width of 24 feet, all as required in the county's typical
standard construction details.
(19) Stabilized shoulders seven feet wide shall be provided for public parkiny, and
safety alongside roads and streets.
(20) The minimum crown elevation of all roads in the county shall be plus 4.0 ms].
21 The developer, at his expense, shall install road name signs at each intersection of
the subdivision, including entrance roads, of durable and sound construction in
accordance with Standard Specifications and Details of Monroe County.
110 -40 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(k) Easements.
(l) Except as provided in subsection (i)(2) this section, easements for drainage and
utilities shall be provided along lot lines of no less than six feet on both sides of the lot
lines thus creating easements a minimum of 12 feet wide along the lot lines.
(2) Easements for waterlines provided by the Florida Keys Aqueduct Authority shall be
provided along the front lot line within the public right -of -way, and shall be of
sufficient size to provide access for maintenance and repair and at least 12 feet wide.
(3) Where a subdivision is traversed by a watercourse, drainagewav or channel, there
shall be provided a stormwater easement or drainage right -of -way conforming
substantially with the lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose. Parallel roads may be required in
connection therewith. Maintenance easements of 15 feet shall be required along
drainage canals.
(1) Public sites and open spaces. Where a proposed park, playground, school or other public
use shown is located in whole or in part in a subdivision, the BOCC may require the
dedication or reservation of such area within the subdivision.
(m) Monuments.
(1) Concrete monuments four inches in diameter or four inches square and not less than
two feet long, with a flat top, shall be set at all comers, at all points where the street
lines intersect the exterior boundaries of the subdivision, and at angle points and points
of curve in each road. The top of the monument shall have an indented cross to properly
identify the location and shall be set flush with the finished grade.
(2) All other lot corners shall be marked with iron pipes not less than three - quarters
inch in diameter and 18 inches long and driven so as to be flush with the finished rg ade.
(n) No plat shall be approved unless it includes the following notice:
"NOTICE TO LOT PURCHASERS AND ALL OTHER CONCERNED
INDIVIDUALS
Purchase of a platted lot shown hereon confers no right to build any structure on
such lot, or to use the lot for any particular purpose, or to develop the lot. The
development or use of each lot is subject to, and restricted by, the goals,
obiectives, and policies of the adopted Comprehensive Plan (plan) and Land
Development Code implementing the plan: therefore, no building_ permits shall be
issued by the County unless the proposed development complies with the
Ceomprehensive Plan and the Land Development Code."
110 -41 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Sec. 110 -98. Preliminary plat approval.
(a) Generally _All applicants for approval of a plat involving five or more lots 4l3flll- submit a
preliminary plat for approval in accordance with the provisions of this section.
(b) Application. If an applicant elects to submit a preliminary plat, a -An application for
preliminary approval shall be submitted to the plafmifig d4eete Director in accordance
with the provisions of this section, accompanied by a nonrefundable fee as established from time
to time by the BOCC . The application shall contain the
information required on a form provided by the !!planning Ddirector.
(c) Staff review. After a determination that the application for preliminary plat approval is
complete under the provisions of &Section 110 -4, the planning- dir-eeteF Director shall
submit the application to the DRC which shall prepare a
recommendation and report for the Planning C c-ommission.
(d) Public hearing and action by the p1mmiffg- Commission _The plami*g
Planning eefmnis&ien- Commission shall conduct a public hearing on an application for
preliminary plat approval of a subdivision involving five or more lots, in accordance with the
requirements of sSections 110 -6 and 110 -7. The ree~~~~i-s -sia~ Commission shall review such
applications, the recommendation of the development aitteeQRC and the testimony
at the public hearing, and shall recommend granting preliminary plat approval, granting approval
subject to specified conditions, or denying the application at its next meeting following submittal
of the report and recommendation of the development review committee.
(e) Effect of approval of preliminary plat.-Approval of a preliminary plat shall not constitute
approval of a final plat or permission to proceed with development. Such approval shall
constitute only authorization to proceed with the preparation of such documents as are required
by the Manning Ddirector for a final plat.
(f) Limitation on approval of preliminary plat. An application for final plat approval shall be
filed within one year of the date of preliminary plat approval. Unless an extension is granted by
the BOCC failure to file such an application automatically shall
render null and void the preliminary approval previously granted by the board.
Sec. 110 -99. Final pElat *Approval.
(a) Generally. All applicants for approval of a plat shall submit a final plat for approval in
accordance with the provisions of this section.
(b) Application. It shall be the responsibility of the developer to complete, have in final form,
and submit to the Pplanning Ddirector for final processing the final plat, along with all final
construction plans, required documents, exhibits, legal instruments to guarantee performance,
certificates properly executed by all required agencies and parties as required in this article
110 -42 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
and in Florida Statutes and the recording fee, and any other documents or information as are
required by the PPplanning Ddirector. After receipt of a complete application for final plat
approval, as determined in accordance with sSection 110 -4, the Pblanning Ddirector shall
submit the application and accompanying documents to the Ddevelopment Rf-eview
Ceommittee.
(c) Review and action by Ddevelopment r-Review Ceommittee. The Ddevelopment Rfeview
Ceommittee (DRO shall review all applications for final plat approval.
(1) If the eewA* tee -DRC determines that a final plat for a subdivision involving fewer
than five lots conforms to the substantive and procedural requirements of this
ehapt Land Development Code after considering the comments of th ree DRC.
the Planning Director shall approve the final plat or approve it with conditions at its next
plat ing air-ee*er eF as seen dier -e°ft°_ fis pFae6ea1.__FSuch fi nal plats that are approved by
the wee- Planning Director shall be placed on the eo*9e*t--bulk approval agenda of
the next regularly scheduled meetiag of the BOCC a meeting location which is closA
r, and shall become final unless
removed from the eensenrbulk approval agend
M __ f t = If a final plat is removed from the eensenrbulk approval
agenda, the bets - BOCC shall not modify or reject the decision of the eeffhmiaee
Planning Director unless the beefd BOCC finds that the record does not contain
competent substantial evidence to support approval. If the tee- Planning Director
denies final plat approval, the applicant may appeal such denial to the beard
which shall consider the application and any additional testimony submitted by the
applicant and other persons and shall approve the final plat, approve it with conditions, or
deny final plat approval.
(2) For a final plat for a subdivision involving five or more lots, if following_DRC
review, the Planning Director determines that the plat conforms to the approved
ffelifnifiar-y plat and f substantive and procedural requirements of this Land
Development Cod - *- it Fegu lar. meeti `' ' " or-
, the DRC development Feview eemm shall
recommend to the Pplanning Ceommission approval of the final plat or approval with
conditions. If the wee- Planning Director finds that the plat does not substantially
conform to the substantive and procedural requirements
of this Land Development Cod the Leo — Planning Director shall
recommend denial, specifying the area of nonconformity.
(d) Review and action by the Pplanning Ceommission. The Planning Ceommission shall
review all applications for final plat approval involving five or more lots and the
recommendation of the- nioee. If the e Planning C ommission
finds that the final plat conforms to the substantive and
procedural requirements of this Land Development Codee afid eemmi&&ienthe
110 -43 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Planning Commission shall recommend to the BOCC
approval of the final plat, or approval with specified conditions and shall ..,•1.mit a report and
.
(e) Public hearing by the BOCC The h
BOCC shall conduct a public hearing on all applications for final plat
approval involving five or more lots in accordance with the procedures of sSection 110 -6(c).
(f) Action by the beafd ef ee isieneFsBOCC all applications for plat
approval, involving five or more lots the board
BOCC shall review the application, the recommendations of the
DRC and the plafmiffg- Planning ommission and
the testimony at the public hearing, and shall grant final plat approval, grant approval subject
to specified conditions, or deny the application, in accordance with the provisions of sSection
110 -7.
Sec. 110 -100. Improvement gGGuarantees.
(a) Generally._An improvement guarantee to guarantee installation of all improvements
required by this chapter or as a condition of approval shall be required as part of final plat
approval in a form and amount approved by the Manning C - ommission and the Ceounty
Aettorney.
(b) Guarantee amount. The amount of the improvement guarantee shall cover all construction
costs, the owner's engneering and platting costs, the county's engineering and inspection
costs, and preacceptance maintenance costs. The costs may be reviewed periodically for
accuracy and are subject to adjustment upward or downward by the Planning Director
dif:eeteF e€ p1mming -based on existing economic conditions at the time of review and on the
recommendation of the DRC develepment review eemmittee. The estimated cost of the water
distribution network and main extensions shall be determined by the Florida Keys Aqueduct
Authority after review and approval of the water distribution system. The cost may be
estimated by the developer's engineer, but in such event shall be subject to review, revision if
necessary, and approval by the FKAA. The guarantee shall be in the following minimum
amounts unless the owner can show that certain of the costs have already been paid:
(1) The construction cost:
a. 130% of the estimated construction cost approved by
the county en ig neer ; or
b. 110% of a binding contract with a contractor qualified for
the proposed work;
(2) The owner's engineering and platting cost: at a cost verified by the engineer and
surveyor;
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Monroe County Comprehensive Plan Update
(3) The county engineering and inspection costs: based on an estimate by the county
engineer of costs to be incurred;
(4) The pre acceptance maintenance cost: ten percent of the construction cost; and
(5) The damage and nuisance guarantee: five percent of the construction cost.
(c) Forms. One of the following forms of guarantee shall be submitted to the b
e0WARissieft BOCC as part of an application for final plat approval.
(1) Cash escrow.
a. Establishing account. An escrow account in the amount required shall be
established with a federally insured financial institution (hereinafter referred to as the
escrowee) in a form that meets the approval of the Ceounty Aettorney. The account
shall be administered by the escrowee in accordance with the provisions of the
escrow agreement to be negotiated by the county and the owner, developer and/or
subdivider and approved by the Ceounty Aettorney. Such agreement shall contain
provisions for specific application of such funds; partial contract payouts; contract
retention percentages until complete; proration of reduction of deposit excess; final
escrow settlement; and other pertinent administrative matters as may be required.
b. Fund disbursement. The escrowee shall disburse funds from time to time for the
purposes provided upon presentation of, and in accordance with, payouts ordered
issued by the owner's engineer and approved by the county en ig neer
publie we . Such disbursements shall not be subject to approval or disapproval by
the owner or escrowee or their agents other than the owner's engineer; however, for
accounting purposes, the county shall send to the owner a copy of the approved
engineer's estimate for payment at the time of county approval. Each payout order
shall be accompanied by all appropriate sworn statements, affidavits and supporting
waivers of lien in full compliance with state law.
c. Excess fund balance. If, at any time, the county engineer shall notify the escrowee
in writing that the balance of funds then remaining undisbursed under the escrow
account is more than sufficient to cover the cost of construction fees and maintenance
hereinabove provided, and the notice shall specify the reduced balance then deemed
sufficient, and if the escrowee shall concur in such determination, the escrowee shall
pay over to the owner any excess of funds over such reduced balance then remaining
undisbursed under the escrow account.
(2) Letter of credit. The subdivider or owner may file a straight commercial letter of
credit from any financial institution acceptable to the b
BOCC in a form acceptable to the Ceounty Aettorney. The letter of credit
must provide that the issuing financial institutions will pay to the county, or as the county
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directs, such amounts as may be required to complete the improvements according to the
approved specifications. The letter of credit shall provide that its amount will be reduced
from time to time as payments for improvements approved by the coun
engineeEldepagment of ptiblie we are made. The letter of credit shall be irrevocable for
at least 36 months from the date of final plat approval and must provide that if any
balance remains at the expiration of any time limit placed on it, the balance shall be
deposited with the county in a cash escrow, a new letter of credit in the amount of the
unpaid balance shall be issued, or a surety bond, as prescribed in subsection (c)(3) of this
section, shall be provided. The letter of credit shall also provide that ten percent of the
amount shall be retained until the county engineerdepaAment of publie works and the
and the di-•e - P Planning Director have
approved the improvements required.
(3) Surety bond.
a. Form. The bond shall be in a form and with a bonding company approved by the
eCounty Asttorney.
b. Time limit. The bond shall be payable to the county and enforceable on or beyond
a date 36 months from the date of final plat approval. Release of any bond shall be
conditioned on final approval and acceptance of the improvements by the county.
(d) Insufficient fund balance. If, at any time before the construction of all required
improvements has been completed, the balance of funds remaining undisbursed under the
escrow account or letter of credit is not sufficient, in the judgment of the
Planning Director to cover the cost of construction of the improvements and all engineering
costs, including the engineering and inspection fees of the county, or if by reason of any
order, decree or writ of any court, or for any other reason the funds in the escrow account are
insufficient, the undisbursed balance of funds shall be withheld, shall not be diminished and
shall be unavailable for the purposes provided herein, unless the owner increases the balance
to such amount as shall be required by the county for such purposes, in the exercise of its
judgment, or shall provide such other guarantee of performance as may be required by the
county.
(e) Time limit. _All guarantees shall provide that if required improvements are not installed
(i.e., construction completed) within two years after approval of the final plat, the
BOCC eeanty may deem the subdivider in default and proceed in accordance with the
provisions of subsection (f) of this section.
(0 Default. In the event the Planning Director dkee-teF of Wig
- determines that the owner
has failed o install proposed improvements in accordance with the approved plans and
specifications or has failed to comply with the terms of the guarantees hereinabove set forth,
the- Planning Director , in consultation with the Ceounty Aettorney, may
take one or both of the following actions:
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(1) Cash escrow and letter of credit. Advise the owner, in writing, of the failure, giving
the owner 30 days to cure such default. If the owner fails to cure the default, the dir-eete
of Planning Director may recommend to the beafd of eetmty
BOCC that it declare the owner in default and, upon written notification to
the escrowee of such declaration of default, all moneys on deposit pursuant to the escrow
agreement or letter of credit shall and may be disbursed by escrowee solely upon
authorization of the- Plannin Director, and the escrowee shall be
released by the owner as to such payment; or
(2) Surety bond. Inform the bonding company in writing of default by the owner and
request that it take necessary actions to complete the required improvements.
Sec. 110 -101. Pre-aAcceptance mMaintenance of PPublic Umprovements.
Until public improvements have been accepted by the beafd ef ee sieneFsBOCC the
applicant/developer shall be responsible for the maintenance of such improvements. A
maintenance bond or letter of credit in the amount of ten percent of the construction cost of the
improvements shall be maintained in a form acceptable to the Ceounty Asttorney until
acceptance of the public improvement.
Sec. 110 -102. Damage and i*Nuisance g_Guarantee.
The guarantee of completion of public improvements to be executed prior to recording of a final
plat of subdivision also shall provide for repair of damages and abatement of nuisances with
respect to existing and subsequently installed streets, sidewalks, curbs and gutters, parkways,
culverts, catch _basins, and/or storm sewers for a period of 24 months after acceptance of the
improvement by the beafd ef eett BOCC
Sec. 110-103. Acceptance of pEublic Umprovements.
If any plat of subdivision contains public streets, easements or other public improvements that
are dedicated thereon as such, the acceptance of public improvements shall be made only by the
adoption of a resolution by the BOCC after there has been filed
with the county a certification by the Planning Director stating that all, or
individual, public improvements required to be constructed or installed have been fully
completed, and that the construction or installation thereof has been inspected by and approved
by him/her or his /her designated representative as being in conformity with the standards of the
Comprehensive planPlan The applicant/develover shall be required to provide a certified as -built
survey f any public improvements to be dedicated to the public prior to acceptance by the
BOCC.
Sec. 110 -104. Limitations as to eCounty nMaintenance.
Nothing in this article shall be construed to mean that the BOCC
shall take over for county maintenance any road, street, alley, public parking or other public area,
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or drainage facility related thereto, except those improvements designed and built in accordance
with the county's standards and requirements and accepted pursuant to sSection 110 -103 or taken
over for county maintenance by other specific action of the b
BOCC Nothing in this a - Land Development Code shall be construed to
obligate the county to drain any land, except that which lies in the public rights -of -way and
drainage easements.
Sec. 110 -105. Maintenance of p rivate Hinprovements.
If any plat of subdivision contains streets, easements or other improvements to be retained for
private use, the final plat for recordation shall indicate to the satisfaction of the ai~e�-
plaming- _ Planning _ Director and the Ceounty Aettorney the method or entity by which
maintenance of the private improvements shall be performed.
Sec. 110 -106. Recording of €Final p lat.
Upon approval or approval with conditions, the applicant shall record the final plat in the office
of the Celerk of the Ceircuit Ceourt of the county and a copy of the recorded plat shall be
provided to the teeter of - - lannin Director Such recording shall be completed within 90 days
of approval of the final plat, or such approval shall be deemed null and void.
Sec. 110 -107. Variances to (Required *Subdivision Hinprovements.
Where the BOCC finds that exceptional hardship may result from
strict compliance with the provisions of the plan regarding street design standards, bikeways,
drainage standards, easements, permanent markers, sewage and electricity utilities (excluding
electricity over which the Public Services Commission of the State of Florida exercises
Jurisdiction), public sites and excavations within dedicated public rights -of -way, the beefd o
BOCC on the recommendations of the Planning Director and the
Pplanning Ceommission, may grant variances to the regulations herein; however, in no event
shall a variance be granted for more than the minimum necessary to overcome the hardship, or
where the variance would create a condition in violation of the specific provisions for that land
use zonin district, or reduce the traffic capacity of adjacent streets, or otherwise violate the
intent of this Land Development Code In no event shall a variance be granted which
would violate the environmental standards in Cehapter 118. Any applicant requiring a variance
shall state clearly in the original application for plat approval the variance required, and any
variances granted shall be clearly delineated as such on the approved and recorded plat.
Sec. 110 -108. Vacation.
The vacation of any plat or portion thereof shall be accomplished in the same manner as for
approval of the plat.
Sec. 110 -109. Renlat.
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An changes to e€ a recorded final plat or portion thereof shall be accomplished by —
replat and approved in the same manner as for approval of the plat unless the changes meet the
requirements of Sec.l 10- 96(d)
Sec. 110 -110. Lot Line Adiustment.
() A lot line adjustment may be applied for lots in a platted subdivision, provided that each lot
is a duly recorded lot as shown on a plat approved by the County.
(b) The resulting lots configured in the lot line adjustment process must meet the minimum
requirements for a building site pursuant to the Land Development Code and Comprehensive
Plan. All resulting lots will conform to the site development standards of the applicable
zoning district.
(c) A lot line adjustment approval will not result in the creation of additional lots or building
sites nor result in the encroachment into any public easement, right -of -way, or other required
areas.
(d) Parcels that have frontage on a county or state road must continue to have such frontage and
access after the adjustment. Each resulting lot must have legal access, utilities (if available),
water, sewer and storm drainage.
(e) The information submitted must have adequate detail so as to permit Planning an d
Environmental Resources Department staff a determination that the resulting lots will meet
the requirements of a building site.
( Applicant shall submit a written consent from all property owners.
Sec. 110 -111. Lot Line Adiustment Procedures
(a) Pre - Application meeting with Planning and Environmental Resources Department staff to
identify issues that need to be considered in the process.
(b) Upon receipt of the submittal requirements, the Planning and Environmental Resources
Department shall determine if the application is complete. The Planning and Environmental
Resources Department may request any additional information, as deemed necessary, before
the application is deemed complete. Staff will notify the applicant of any missing information
or deficiencies in the application. The Application and required documents will be reviewed
by the Planning and Environmental Resources Department staff for compliance with the
Land Development Code. Comprehensive Plan and legal requirements.
(c) The Planning and Environmental Resources Department will issue a decision to approve or
deny the application. Once approved, staff will notify the applicant to prepare final recording
documents.
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(d) Once approved, a lot line adjustment does not become effective until recorded in the public
records of Monroe County, Florida:
(e) Applicant shall submit a written consent from all property owners. Both affected property
owners shall be applicants for the lot line adjustment.
Secs. 110 - 1129 --110 -131. Reserved.
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ARTICLE V. DEVELOPMENT AGREEMENT AUTHORIZATION
Sec. 110 -132. Purpose and Untent.
The purpose of this article is to allow the county to enter into development agreements that meet
the requirements of the Florida Local Government Development Agreement Act, F.S. §§
163.3220- 163.3243. The development agreement provides assurance to a developer that upon
receipt of his permits under the county's Comprehensive Plan and L land Ddevelopment Code
the or she may proceed in accordance with existing ordinances and regulations,
subject to the conditions of the development agreement. This article will strengthen the public
planning process, encourage private participation in comprehensive planning, and reduce the
economic costs of development. A development agreement is in addition to all other local
development permits or approvals required by the county land development regulations. A
development agreement does not relieve the developer of the necessity of complying with all
county Comprehensive Plan elements and L land Ddevelopment Cod es in effect on the
date that the agreement is executed.
Sec. 110 -133. Development Aegreement Aepproval fprocedures.
(a) The BOCC shall have authority to enter into a
development agreement by resolution with any person having a legal or equitable interest in
real property located within the unincorporated areas of the county if.
(1) The development agreement meets all of the requirements of the Florida Local
Government Development Agreement Act, F.S. §§ 163.3220- 163.3243; Provided,
however, that the duration of the development agreement shall not exceed I n
—, and any duration specified in a development agreement shall supersede any
conflicting duration otherwise specified in this chapter;
(2) The development was initially approved pursuant to a development order issued prior
to the effective date of the ordinance from which this article is derived or is proposed by
another governmental entity;
(3) The development agreement shall be considered at two public hearings with the first
public hearing conducted by the pPlanning eCommission; and approved by the beard -e€
eetH+ty BOCC at the second public hearing, or thereafter;
d
(4-S) Notice of such public hearings shall be given in accordance with both F.S. §
163.3225, and sSections 110 -5 .
(5) Submission of an application for development agreement. in a form specified by the
Planning Director and accompanied by a nonrefundable fee.
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(b) Requirements of a development agreement.
(1 ) A development agreement shall include the following_
a. A legal description of the land subject to the agreement, and the names of its legal
and equitable owners,
b. The duration of the agreement:
c. The development uses permitted on the land, including_ population densities, and
building intensities and height,
d. A description of public facilities that will service the development, including who
shall provide such facilities, the date any new facilities, if needed, will be
constructed, and a schedule to assure public facilities are available concurrent with
the impacts of the development,
e. A description of any reservation or dedication of land for public purposes;
f. A description of all local development permits approved or needed to be approved
for the development of the land,
g. A finding that the development permitted or proposed is consistent with the local
government's comprehensive plan and land development regulations:
h. A description of any conditions, terms, restrictions, or other requirements
determined to be necessary by the local government for the public health, safety. or
welfare of its citizens, and
i. A statement indicating that the failure of the agreement to address a particular
permit condition, term, or restriction shall not relieve the developer of the necessity
of complying with the new law governing said permitting requirements, conditions,
term, or restriction.
(2) The development agreement mayprovide that the entire development or any phase
thereof be commenced or completed within a specific period of time.
(c) Periodic review of a development agreement. The County shall review land subject to a
development agreement at least once every 12 months to determine if there has been
demonstrated good faith compliance with the terms of the development agreement. If the
County finds, on the basis of substantial competent evidence, that there has been a failure to
comply with the terms of the development agreement, the agreement may be revoked or
modified by the County.
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(d) Recording and effectiveness of a development agreement. Within 14 days after the
County enters into a development agreement, the County shall record the agreement with the
clerk of the circuit court. A development agreement is not effective until it is properly
recorded in the public records of the County. The burdens of the development agreement
shall be bindingupon, and the benefits of the agreement shall inure to, all successors in
interest to the parties of the agreement.
(e) Modification or revocation of a development agreement to comply with subsequently
enacted state and federal law. If state or federal laws are enacted after the execution of a
development agreement which are applicable to and preclude the parties' compliance with
the terms of a development agreement, such agreement shall be modified or revoked as is
necessary to comply with the relevant state or federal laws.
(fb) This article is not intended to amend or repeal any existing county ordinance or
regulation. To the extent of any conflict between this article and other county ordinances or
regulations, the more restrictive is deemed to be controlling.
Secs. 110 -134 -110 -139. Reserved.
ARTICLE VI. BUILDING PERMITS
Sec. 110 -140. Building PPermit Ry-equired.
A building permit is required prior to the following:
j2LO+Any work specified in Cehapter 6 of the Monroe County Code of Ordinances
(b, WAny change in the land use intensity, density, or use of land authorized as a permitted
as -of -right use under this Land Development Code
a(3} -Any change in the use of land or structure from a permitted as -of -right use within a
land use district to another listed permitted as -of -right use; and
LL *Any development authorized by conditional use approval.
Sec. 110 -141. Letters of Ceoordination.
Prior to submittal of a building permit application to the Bhuilding Ddepartment, the following
letters of coordination are required as determined by the Bhuilding Oefficial:
I MOM
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seawa a nd any e th e ^ +:.,:.. a peFm leoe of eee r - di n atie n dam.em t>, ��^ iir-mg IIT Lll{. JLr
LaL(�Florida Department of Health and Department of Environmental Protection�or
appropriate agency havinm iurisdiction) omits -or- letters of coordination for wastewater
facilities; and
� � ,> > l ,: d dI ^.,� n ,,,� d „ ^t n „th ,, ;t' Applicable water�rovider. wastewater provider,
public utilities or private utility provider., PeFida Keys Eleetf:ie Geoper-at-ive, a nd Keys
g S
Sec. 110 -142. Reserved.
ig it ROGO or- NROGO Pen fi A-- award or- subm*tted tinder- pr-ii plan
review
o
alleeati6 a u nder- this ehapte -- of subm -- tinder - t -- p f e yisioiis of F.S. eh. 5 of
and ehapter- 13. The planning dir-eeteF shall detef:mifie within 15 wef:king days if the building
pplieafien is in eemplianee and ean be pfeeessed by the building department or- needs to
o v _ ,. vfn.L,b
da ys. The eem ,d .,t: e f the pl ann i ng .d; „te sh be i
Sec. 110 -143. Reserved. Dead fo s ubmi ss i on of build ng perm ap pli e ftfi ons to b
Ne approv b pli t:,,., requ vnr_n l 11 OGO allee .. ,-,d or- vs ui u,
r � ^^ n 1 l be aeeepted- for- ewft , int6 s unider this - ehapter -, tialess the
Sec. 110 -144. Unlawful ILand *Uses.
The term unlawful land use, as used in this section, means any land use that has not received a
permit or other official approval from the Ddivision of Ggrowth Mfnanagement and cannot be
approved on a given site pursuant to the permitted uses set forth in chapter 130, article III of this
Land Development Code and/or policies related to permitted land uses in the Comprehensive
Plan.
(a) Building permit application improving a known, unlawful land use. The Pplanning and
Eenvironmental Rresources Ddepartment shall not approve any building permit application
for an improvement to a structure with a known, unlawful land use until the unlawful land
use is either a) permitted in accordance with the Land Development Code or b) eliminated.
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(b) Building permit application not related to a known, unlawful land use. The Pplanning and
Eenvironmental Rfesources Ddepartment may approve a building permit application on a site
with a known, unlawful land use if it is determined that the scope of work would not improve
or facilitate the unlawful land use. In the event of such an approval, the county shall place a
notation on the permit that the approval does not condone or approve the unlawful land use
and inform the applicant that the property owner is subject to possible code compliance
prosecution.
(c) Building permit application improving a known, unlawful land use addressing public
health and safety. Building permit applications that are limited exclusively to addressing
imminent risks to public health and safety may be approved under any circumstance. By way
of illustration and not limitation, building permit applications may be approved for repairs
and/or replacement of roofs, other building structural components, plumbing and/or electric -
however only to the extent necessary to address imminent risks to public safety and health as
determined by the Manning Ddirector, in consultation . he ma eewse'* with the Bhuilding
Oefficial, Ceounty Eengineer and/or F €ire Mirarshal to determine the allowable extent of
such improvements. In the event of such an approval, the county shall place a notation on the
permit that the approval does not condone or approve the unlawful land use and inform the
applicant that the property owner is subject to possible code compliance prosecution.
(d) Nonconforming use. Building permits applications may be approved for lawful,
nonconforming uses in accordance with sSection 102 -56.
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