Item D2 Chapter 130Monroe County Comprehensive Plan Update
Chapter 130 LAND USE DISTRICTS
ARTICLE I. IN GENERAL
Sec. 130 -1. Purpose.
In order to ensure that all development is consistent with the objectives and policies of this
ehapter Development Code it is necessary and proper to establish a series of land use
districts to ensure that each permitted use is consistent with the environmental sensitivity of
natural resources, is served by adequate public facilities, and is compatible with surrounding land
uses. Each district establishes use and bulk regulations that control the use of land in each district
consistent with this Land Development Cod es. All development within each land use
district shall be consistent with the purposes stated for that land use district in this chapter.
Sec. 130 -2. Land *Use dDistricts eEstablished.
In order to carry out and implement the goals and objectives of the Comprehensive pPlan, the
following land use (zoning) districts are hereby established:
(1) Airport District (AD�I r. �. ,.. ^ a l di stF i et ( C
(2) Commercial 1 District (C 1). T r .b fl s id ent i a l di stf i et (UR)
(3) Commercial 2 District (C2).
(4) Conservation District (CD). Ur- h-an ile- lease —limited dis4 Et (URN4 L).
(5) Commercial Fishing Area District (CFA).Stibu. -b of ^,.... - di ie (W)
(6) Commercial Fishing Special Districts (CFSD).c..h., b afi � «:^r a:�
(7) Commercial Fishing Village District (CFV) -b aii r - e sidewi-al a:s...:^. (limited) (S L)
(8) Destination Resort District (DR). c..^ .,. ^r.. S ^µr ^a r S;a^., & (99
(9) Industrial District (I). Nati..^ a diStFiet (NA
(10) Improved Subdivision District (IS).
(11) Improved Subdivision Vacation Rental District (IS- V).Q -- hA.^ :s1- a:s+, -i (nc�
(12) Military Facilities District (MF).
(13) Maritime Industries District (MI)J -m - &-YeA ..obdiYision vae ation r ntal distfiet
(14) Mainland Native Area District
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(15) Mixed Use District (MU). ,.,,t iel di ie !D V'
(16) Native Area District (NA). G,....... - fishing afe di of (GF A
(17) Offshore Island District (OS). r-,....... eFeial fishing v `''°'fief (C-F-V
(18) Preservation Distri ct (Pl.
(19) Park and Refuge District (PR).
(20) Recreational Vehicle District (RV).
(21) Suburban Commercial District (SC).
(22) Suburban Residential District (,SRS
(23) Suburban Residential District (limited) (SR -Lj
(24) Sparsely Settled Residential District (SS).D^!.L ° »�a r f Uge di FAF i 6t (PR)
(25) Urban Commercial District (,UCL
(26) Urban Residential District (UR). r- l ' distfiet (C-
(27) Urban Residential — Mobile Home District (URM).
(28) Urban Residential Mobile Home — Limited District (URM -L).
Sec. 130 -3. Land *Use dDistrict n*Map.
(a) Authority. The 13OCC upon the recommendation of the
$Planning eCommission, shall adopt an official land use district (zoning) map that shall set out
and delineate the land use districts established in section 130 -2 to all land in the unincorporated
areas of the county.
(b) Effect. The official land use district (zoning) map is hereby designated, established and
incorporated as a part of this chapter; and the originals thereof, which are on file at the offices of
the de Planning and Environmental Resources Department , shall be as much a part
of this chapter as if the information contained therein were set out in full in this chapter.
(c) Review and amendment. The official land use district LzoningLmap shall be reviewed and
amended to be consistent with the comprehensive plan as provided in • eleme 11, seet v r
the -plain. The official land use district zonin map may subsequently be amended from time to
time as provided in chapter 102, article V.
housing See. 130 4. Temporary emer-geney <moved to chanter 103>
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T-e�eraoT emergemey heiis-iifg means r-eer-eatiefial vehieles (or- similar- appFeved sheltering units)
idea t ,.:apps.. . ai4 „c,. ,.o ' roi;ocoff i4s
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re Vw 6
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Secs. 130 -4-5-- 130 -26. Reserved.
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ARTICLE Il. DISTRICT PURPOSES
Sec. 130 -27. Purpose of the *Airport dDistrict (AD).
The purpose of the AD district is to facilitate the operations of airports and their compatible uses
and to p rohibit the development of residential uses (excluding temporary non - emergency
housing), educational uses_ (including but not limited to pre -K through high schools -or
other uses that are characterized by the regular presence of large numbers of people, within the
hazard areas of civil and military airports. The AD district provides classifications of propert y
for existing or future airports and regulates both uses within the boundaries of public and private
airports, and uses around, adjacent, and in the approach zones of public and private airports in
order to: <moved from Sec. 130 -75>
(1) Establish the control of obstructions and construction of structures affecting navigable
airspace in accordance with criteria delineated in volume XI. part 77 in federal aviation
regulations, Florida Department of Transportation regulations, and this LDC;
(2) Protect airports against encroachment, to implement appropriate noise abatement
strategies, and to regulate development and reduce public exposure of community
activities that are not compatible with airport operations; and
(3) Control uses within the public and private airport property boundaries.
Sec. 130 -28. Purpose of the Commercial 1 District (0). <moved from Sec. 130 -51>
The purpose of the Cl district is to establish areas for commercial retail, public, institutional and
office uses designed and intended primarily to serve the needs of immediately surrounding
residential areas. This district should be established at locations convenient and accessible to
residential uses to reduce trips on U.S. 1.
Sec. 130 -29. Purpose of the Commercial 2 District (C2). <moved from Sec. 130 -52>
The purpose of the C2 district is to designate appropriate areas for higher - intensity commercial
uses intended to serve the needs of a subarea with commercial retail sales and service, public,
institutional and office uses. This district should be established at discrete nodes along U.S. 1 and
designed to serve the needs of both residents and visitors.
Sec. 1304830. Purpose of the eConservation dDistrict (CD).
The purpose of the district is to prime -an identify areas acquired for
conservation purposes and/ subject to deed restrictions limiting the use of the property €e--to
conservation purposes.
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Sec. 130-2931. Purpose of the eCommercial Fishing iaArea dDistrict (CFA).
The purpose of the CFA district is to establish areas suitable for uses that are essential to the
commercial fishing industry, including sales and service of fishing equipment and supplies,
seafood processing, fishing equipment manufacture and treatment, boat storage and residential
uses.
Sec. 130 -3832. Purpose of the eCommercial Wishing *Special dDistrict (CFSD).
The purpose of the CFSD district is to establish areas where various aspects of commercial
fishing have been traditionally carried out while prohibiting the establishment of additional
commercial fishing uses that are inconsistent with the natural environment, immediate vicinity or
community character of the area. Each individual sub - district has unique characteristics relating
to the fishine and maritime industry of that particular location.
Sec. 13033. Purpose of the eCommercial Wishing Village dDistrict (CFV).
The purpose of the CFV district is to establish areas where limited commercial fishing activities,
including the mooring of boats, the non-mechanized off - loading of catches, the storage of a
limited number of traps, and residential uses, can be integrated.
Sec. 130-"34. Purpose of the dDestination r-Resort dDistrict (DR).
The purpose of the DR district is to establish areas suitable for the development of planned
tourist centers providing on -site residential, recreational, commercial and entertainment facilities
of a magnitude sufficient to attract visitors and tourists for tenancies of three or more days.
Destination resorts are contemplated to contain:
(1) Single - family homes as of right; or
(2) One or more resort hotels as the principal use, to use the water - related natural resources
of the Keys, and to be located on sites of at least ten gross acres where the location and
character of the site and the development itself and amenities are such that off -site
impacts will be reduced.
Sec. 130 --335. Purpose of the (Industrial dDistrict (I).
The purpose of the I district is to establish areas that are suitable for the development of
industrial, and- manufacturing -eses, warehousing, and distribution uses.
Sec. 130 -3436. Purpose of the (Improved sSubdivision dDistrict (IS).
The purpose of the IS district is to accommodate the legally vested residential development
rights of the owners of lots in subdivisions that were lawfully established and improved prior to
the adoption of this ehaptff For the purpose of this section, improved lots are those that are
served by a dedicated and accepted existing road of porous or nonporous material, that have an
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Florida Keys A que d uet A tit ,, -;,., approved potable water supply, and that have sufficient
uplands to accommodate the proposed use in accordance with the required setbacks. This district
is not intended to be used for new land use districts of this classification within the county.
Sec. 130 -3-37. Purpose of the mMilitary €Facilities dDistrict (MF).
The purpose of the MF district is to establish areas for military facilities and installations and to
ensure to the maximum extent allowed by federal law that all development activity within such
areas is consistent with the Monroe County Comprehensive Plan.
Sec. 130 -3638. Purpose of the i*Maritime iIndustries dDistrict (MI).
The purpose of the MI district is to establish and conserve areas suitable for maritime uses such
as ship building, ship repair, aPi -other water dependent manufacturing and service uses and other
uses consistent with the Monroe County Comprehensive Plan
Sec. 130 -3739. Purpose of the mMainland ftNative Area district (MN).
The purpose of the MN district is to protect the undeveloped and environmentally sensitive
character of lands within the county that are located on the mainland of the Florida peninsula.
Sec. 130 -3$4 Purpose of the mMixed *Use dDistrict (MU).
The purpose of the MU district is to establish or conserve areas of mixed uses, including
commercial fishing, resorts, residential, institutional, and commercial uses, and preserve these as
areas representative of the character, economy and cultural history of the Florida Keys.
Sec. 130 - 3441. Purpose of the *Native *Area dDistrict (NA).
The purpose of the NA district is to establish areas that are undisturbed, with the exception of
existing solid waste facilities, and because of their sensitive environmental character should be
preserved in their natural state.
Sec. 130 -4042. Purpose of the eOffshore }Island dDistrict (OS).
The purpose of the OS district is to establish areas that are not connected to U.S. 1 as protected
areas, while permitting low- intensity residential uses and campground spaces in upland areas
ean b .,.d by eist,.ms genef : ater - s and other se lf . n t a i ne .d f e il.ti es
Sec. 130 -43. Purpose of the Preservation District (P)
The purpose of the P district is to provide for publicly owned lands held exclusively for the
preservation of natural resources.
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Sec. 130 -4444. Purpose of the PPark and eRefuge dDistrict (PR).
The purpose of the PR district is to establish and protect areas as parks, recreational areas and
wildlife refuges.
Sec. 1304245. Purpose of the r-Recreational -vVehicle dDistrict (RV).
The purpose of the RV districts is to establish areas suitable for the development of destination
resorts for recreational vehicles and other transient units such as seasonal residential units.
Sec. 130 -4346. Purpose of the sSuburban eCommercial dDistrict (SC).
The purpose of the SC district is to establish areas for commercial uses designed and intended
primarily to serve the needs of the immediate planning area in which they are located. This
district should be established at locations convenient and accessible to residential areas witheti
ose -&f- reduce trips on U.S. 1.
Sec. 130 -4447. Purpose of the sSuburban eResidential dDistrict (SR).
The purpose of the SR district is to establish areas of low- to medium - density residential uses
characterized principally by single- family detached dwellings. This district is predominated by
development; however, natural and developed open space creates an environment defined by
plants, spaces and over -water views.
Sec. 130 -454 Purpose of the sSuburban eResidential dDistrict (lELimited) (SR -L).
The purpose of the SR -L district is to establish areas of exclusive low- to medium - density
residential uses.
Sec. 1304649. Purpose of the *Sparsely *Settled eResidential dDistrict (SS).
The purpose of the SS district is to establish areas of low - density residential development where
the predominant character is native or open space lands.
Sec. 130 -4750. Purpose of the *Urban eCommercial dDistrict (UC).
The purpose of the UC district is to designate appropriate areas for high - intensity commercial
uses intended to serve- rop vide retail sales and service, professional services and resort activities
needs at a regional or multiple planning area scale. This district should be established at discrete
nodes along U.S. 1 and should be designed so as to serve the needs of both residents and visitors.
Sec. 130 -4851. Purpose of the ttUrban eResidential dDistrict (UR).
The purpose of the UR district is to provide areas appropriate for high - density residential uses
designed MA iwend-ed for- eeeupaney by per-sons gainfully emplayed in the Fleffid-a Keys and to
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create areas to provide for vacation rental use of detached dwellings, duplexes, and multifamily
dwellings. This district should be established at or near employment centers.
Sec. 130 -4952. Purpose of the oUrban r-Residential — mMobile hHome district (URM).
The purpose of the URM district is to recognize the existence of established mobile home parks
and subdivisions, but not to create new such areas, and to provide for such areas to serve as a
reservoir of affordable and moderate -cost housing in the county.
Sec. 130 -5053. Purpose of the *Urban r-Residential fnMobile #Home — IE dDistrict
(URM -L).
The purpose of the URM -L district is to recognize the existence of parks and subdivisions which
consist exclusively, or almost exclusively, of mobile homes, but not to create new such areas, in
order to permit property owners in such areas to replace or establish mobile homes below base
flood elevation as authorized by certified federal regulations.
138 51. Purpo , a• t,.: t( �T
See. �e�' r r rr�cviimrcrC -m ri Qiicrrc c= <moved to Sec. 130-28>
See. 130 52. Purpose of the eommereial 2 distr . <moved to Sec. 130 - 29>
Secs. 130- 543- -- 130 -73. Reserved.
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ARTICLE 111. PERMITTED AND CONDITIONAL USES
Sec. 130 -74. General.
(a) No structure or land in the county shall hereafter be developed, used or occupied unless
expressly authorized in a land use district in this article.
(b) Notwithstanding any provision of this article, all development listed as a conditional use
within a master planned community of 100 or more acres in area shall be reviewed and
processed as a use permitted as of right. In such cases, a z4 pre - application conference shall
be required prior to the submittal of a permit application for development approval li sted
P-Andisip;W
idike-1 use.
(c) Accessory uses as permitted within each land use district shall be consistent with the
definition of accessory uses as set forth in section 101 -1.
Sec. 130 -75. Airport dDistrict (AD).
(u se- <purpose moved to Sec. 130 -27> Th ese di stf i ets ide elassifi^°+i^~° of
(a) The following uses are permitted as of right in the Airport district:
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(1) At public airports: Public airport uses;
(2) At private airports: Noncommercial aircraft landing, takeoff, storage, repair, maintenance
and fueling, provided that,
a. Effective landing length shall be no less than 1,800 feet,
b. Primary surface width shall be no less than 100 feet, and
c. Usable width shall be no less than 50 feet.
(3) Accessory uses,
(4) Replacement of an existing antenna-supporting_ structure pursuant to section 146 -5(2):
(5) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3
(6) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(bIThe following uses are permitted as minor conditional uses in the aAirport district, subject to
the standards and procedures set forth in chapter 110, article III:
(1) Wastewater treatment facilities and wastewater treatment collection systems serving uses
located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems, and
accessory uses shall be screened by structures designed to:
1. Be architecturally consistent with the character of the surrounding community;
2. Minimize the impact of any outdoor storage, temporary or permanent; and
3. A solid fence may be required upon determination by the p lanning dDirector;
c. Where a district boundary buffer is not required as set forth in chapter 114, article IV,
a planting bed, eight feet in width, shall be established to buffer the facility, with the
following:
1. One native canopy tree for every 25 feet of property line;
2. One understory tree for every ten feet of property line;
3. The required trees shall be evenly distributed throughout the planting bed; and
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The planting bed shall be installed as set forth in chapter 114, article IV -a*d
(2) Within t he ^ er 1,,,,,. , dr i es ofpublie- a eAs aAt public airports: Public a irport uses
of less than 5,000 square feet of enclosed area; sh all ~ nditier.,l
Air-peF4 uses ef 5,000 squaFe feet eF HFI6Fe ef enelesed spaee shall Fe
ixc, u iiujva
t d the li s e t f A th,.
P e�te�- slu}ll— the t d ll��
t i
§c crroir.;,
(3) Attached wireless communications facilities, as accessory uses, pursuant to section 146 -
54,and
(4) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
55.
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(c) The following uses are permitted as major conditional uses in the Airport district, subject to
the standards and procedures set forth in chapter 110, article III:
(1) At public airports: Public airport uses of 5,000 square feet or more of enclosed space, and
(2) At private airports: Commercial aircraft operations, including fixed base operators (FBO)
activities.
(d) Airport Hei -aht Overlay Zones and Restrictions. There are hereby created and established
overlay zones around and adjacent to public, private and military aiEports in the county.
Within the AD district and overlay zones, certain height limitations are specified to prevent
airspace obstruction, and the use limitations apply. Uses within the overlay zones must
comply with the height standards and the limitations set forth below. An area located in more
than one zone described herein is considered to be only in the zone with the more restrictive
limitations.
(1) Public Airport Height Restrictions.
a. Primacy gone. The area longitudinally centered on each runway with the same length
as the runway and is 2,000 feet wide. No structure that is not a part of the landing and
takeoff area is permitted in the primary zone that is of greater height than the nearest
point on to the runway.
b. Clear =one. The area extending 1,000 feet off each end of a primary surface and is the
same width as the primary surface. No structure not a part of the landing and takeoff
area is permitted that is a greater height than the end of the runway.
c. Inner horizontal zone. The area extending outward from the periphery of the primary
zone with an outer perimeter formed by swinging arcs of 7,500 feet radius about the
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centerline at the end of each primary zone and connecting adjacent arcs b lines
tangent to these arcs. No structure will be permitted in the inner horizontal zone of
greater height than 156 feet MSL.
d. Conical zone. The area extending outward from the periphery of the inner horizontal
zone for a distance of 7,000 feet. Height limits in the conical zone commence at 156
feet MSL at the inner boundary where it adjoins the inner horizontal zone and
increases in permitted height at a rate of one foot vertically for every 20 feet of
horizontal distance measured outward from the inner boundary to a height of 506 feet
MSL at the outer boundary.
e. Outer horizontal zone. The area extending outward from the outer periphery of the
conical zone for a distance of 30,000 feet. The height limit within the outer horizontal
zone is 506 feet MSL.
f Approach zone. The area longitudinally centered on each runway extended centerline.
with an inner boundary 200 feet out from the end of the runway and the same width
as the primary zone, then extending outward for a distance of 50,000 feet, expanding
uniformly in width to 16,000 at the outer boundary. Height limits within the approach
zones commence at the height of the runway end and increase at the rate of one foot
vertically for every 50 feet horizontally for a distance of 25,000 feet, at which point it
remains level at 506 feet MSL to the outer boundary.
a. Transitional zone. The area within an inner boundary formed by the side of the
primary zones, the first 200 feet of the clear zones and the approach zones, then
extending outward at right angles to the runway centerline and extended centerline
until the height matches the adjoining inner horizontal zone, conical zone, and outer
horizontal zone height limit. The height limit at the inner boundary is the same as the
height of the adjoining zone and increases at the rate of one foot vertically for every
seven feet horizontally to the outer boundary of the transitional zone, where it again
matches the height of the adioining zone.
(2) Private Airport Height Restrictions.
a. The landing approach zone for private airports is a trapezoidal area increasing
gradually in width from 50 feet to either side of the runway centerline, at the ends of
each usable runway, to a width of 350 feet to either side of the runway centerline at a
distance of 3,000 feet outward from the ends of each runway.
b. Approach zones shall be clear of obstruction above a glide path of 20:1 from the ends
of each usable runway. When the approach zone to any runway crosses a road, the
glide path must pass at least 15 feet above the edge of the nearest traffic lane.
c. No establishments or uses shall be allowed that emit smoke, gas or dust in quantities
or densities sufficient to jeopardize the safe use of private airports.
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d. No development approval or building_ permit shall be granted for the construction of
any structure to be located within a private airport district or overlay zone that, when
built, would constitute an airspace obstruction height that would cause a minimum
obstruction altitude, a minimum descent altitude, or a decision height to be changed
or a threshold to be displaced, or to interfere with the required approach glide slope.
e. No property owner within the private airport district or overlay shall be permitted to
grow or maintain trees to heights in excess of those provided herein for structures.
(e) All development or expansion of existing_ public airports shall be done in accordance with the
,updated Master Plan of the airport and adopted ordinances.
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Sec. 130 -76. Conservation dDistrict (CD).
(a) The following uses are permitted as of right in the eConservation district, pursuant to the
standards and procedures set forth in chapter 110, article III:
(1) Passive recreational uses;
(2) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3); and
(3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6).
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(b) The following uses are permitted as minor conditional uses in the eConservation district,
pursuant to the standards and procedures set forth in chapter 110, article III:
LLI-s&tellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
Sec. 130 -77. Commercial Wishing #Area dDistrict (CFA).
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(ad) The following uses are permitted as of right cases -in the c-Commercial Fishing aArea
district su bject to the stafidar-,7.. and p ed f e s s e t c f4h i n ehapte.- 110, . oiele III
(1) Commercial fishing,
(2) Accesso ,muses;
(34-) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(9) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(5 -3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(64) Home occupations — Special use permit required; commercial fishing does not require a
special use permit.
(be) The following uses are permitted as minor conditional uses in the eCommercial fFishing
eArea district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached dwellings. provided that the total floor area of residential uses in a CFA district
does not exceed 25 percent of the land area in that CFA district.
(2) Commercial retail uses of low and medium intensity, provided that the goods and
services are related to or supportive of the commercial fishing industry.
(3) Light industrial uses, including marine repair services, provided that such uses are
intended only to serve the needs of the commercial fishing industry.
(4p) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(5 -2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(6�) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
(20 The following uses are permitted as major conditional uses in the eCommercial Eishing
eArea district subject to the standards and procedures set forth in chapter 110, article III
(1) Marinas and boat chartering, provided that:
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a. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport
fishing products;
c. Vessels docked or stored shall not be used for live - aboard purposes, except when a
permitted sewage pumpout facility is available on -site and where the waste is treated
in a permitted sewage treatment facility;
d. All outside storage areas are screened from adjacent residential uses by a solid fence,
wall or hedge at least six feet in height;
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
f. There is Nno displacement of existing commercial fishing dockage or area;
g. No less than 50 percent of the dock area shall be devoted exclusively to commercial
fishing; and
h. T4*a' — F2No less than 50 percent of the district land area shall be used for other
commercial fishing activities, such as trap storage and manufacture of traps;
(2) Restaurants, dive shops, and other commercial retail uses under 1,600 square feet per
shop, provided that:
a. There is no displacement of existing commercial fishing dockage or area;
b. No less than 50 percent of the dock area shall be devoted exclusively to commercial
fishing; and
c. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps;
(3) Monuments, provided that:
a. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet; and
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b. The use is separated from adioining_residential uses by a class H buffervard: and
(43) New antenna- supporting structures, pursuant to section 146-5(l).- tad
(d) In order to provide for the special needs of the commercial fishing industry. while ensuring
general compliance with plan requirements and maintaining_ good environmental quality and
community character, the Commercial Fishing Area district is given the following special
considerations:
(1) The Commercial Fishing Area district, under minor conditional use, may nary the
reguuirements of the district,
(2) Temporary uses specifically involving trap construction, maintenance and repair are
hereby exempted from maximum FAR and minimum open space requirements,
(3) Sanitary toilet facilities may be provided by approved portable units,
(4) Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a
written recommendation by the County Biologist that stormwater runoff can be
appropriately controlled due to the provisions of new gutters, berms or similar devices:
(5) The vegetated buffervard requirements may be varied to include fences or natural
vegetation except when abutting residential districts,
(6) Lighting requirements may be reduced or waived where the Planning Director and
County Biologist agree that light intrusion, either to adjoining properties or waterfront
areas, will have no adverse effect on community character or habitat, and
(7) Except for commercial retail and wholesale operations, parking requirements may be met
by the provision of one parking or loading, space for each individual lot of 6,000 square
feet or less. Larger lots or parcels shall proportionately meet this same requirement.
Sec. 130 -78. Reserved.
130 -22 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 130 -79. Commercial Wishing sSpecial dDistrict (CFSD).
The following uses are permitted in the c- Commercial Wishing sSpecial dDistricts:
(4-aa) CFSD 1 (located on Big Pine):
a- The following uses are permitted as of right in Commercial Fishing Special District 1,
£,subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge
ramp:
4-a. Commercial fishing;
-2b. Detached dwellings;
3c. Accessory uses;
130 -23 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensi-ve Plan
4d. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
-5e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); aFA
6 - f. Home occupations — Special use permit required; commercial fishing does not require
a special use permit; and
R. Wastewater nutrient reduction cluster systems that serve less than ten residences.
b42) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 1, £subject to a limitation on traffic access so as not to interfere with U.S.
1 at the bridge ramp and subject to the standards and procedures set forth in Chapter 110,
Article III, ° fl di t i, gal .
4•a. Attached dwellings, provided that the total floor area of residential uses in
Commercial Fishing Special District 1 1 fishing or-ea distfiet does not
exceed 25 percent of the land area in Commercial Fishing Special District l the
4b. Commercial retail and restaurant uses of low- and medium--intensity—es, provided
that the goods and services are related to or supportive of the commercial fishing
industry;
3c. Light industrial uses, including marine repair services, provided that such uses are
intended only to serve the needs of the commercial fishing industry; and
4d. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 1, subiect to the standards and procedures set forth in Chapter 110,
Article III:
a. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent: and
130 -24 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
3. In addition to any district boundary buffers set forth in chapter 114. article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
ii. The required trees shall be evenly distributed throughout the planting bed,
iii. The planting bed shall be installed as set forth in chapter 114, article IV, and
iv. A solid fence may be required upon determination by the planning director.
(2h) CFSD 2 (located on No Name Key):
a-l) The following uses are permitted -Aas of right in Commercial Fishing Special District 2
4•a. Commercial fishing,
of the disi&iec
A. Detached dwellings;
3c. Accessory uses;
4d. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
3e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); ad+d
6_f. Home occupations=s._Special use permit required; commercial fishing does not
require a special use permit..; and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
b�2) The following uses are permitted Aas a -minor conditional use in Commercial Fishing
Special District 2, subject to the standards and procedures set forth in Chapter 110,
Article III
4-a. Attached dwellings, provided that the structures are separated from existing detached
dwellings by 100 feet or a class D bufferyard; and
A. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
130 -25 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensh e Plan update
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 2 subject to the standards and procedures set forth in Chapter 110,
Article III:
a. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements;
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding_ community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure: and one
understory tree for every ten linear feet of screening structure:
ii. The required trees shall be evenly distributed throughout the planting bed:
ill. The planting bed shall be installed as set forth in chapter 114, article IV: and
iv. A solid fence may be required upon determination by the planning director.
130 -26 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
1. Stealth wireless eemmunieations fkilities, as aeeesseFy uses, pur-suafit to seetien 146 5(5)
aHd
(40 CFSD 4 (located on Long Key):
a- The following uses are permitted -Aas of right in Commercial Fishing Special District 4
a. Commercial fishing;
b. Accessory uses;
cI Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
d3. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
e4. Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4); and
P5. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146- 5(6)7-
130 -27 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Count% Comprehensive Plan Update
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
b{2) The following uses are permitted as Mminor conditional use in Commercial Fishing
Special District 4, subject to the standards and procedures set forth in Chapter 110,
Article III
+a. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
A. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
e.-(3) The following uses are permitted as Mmajor conditional use in Commercial Fishing
Special District 4, subject to the standards and procedures set forth in Chapter 110,
Article III
a_nNew antenna- supporting structures, pursuant to section 146 -5(1 Y and
b. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements;
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, ed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure: and one
understory tree for every ten linear feet of screening structure:
ii. The required trees shall be evenly distributed throughout the planting bed,
iii. The planting bed shall be installed as set forth in chapter 114, article IV, and
iv. A solid fence may be required upon determination by the Planning Director.
(5dd) CFSD 5 (located on Key Largo):
a l )The following uses are permitted -4as of right in Commercial Fishing Special District 5
130 -28 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
-2a. Commercial fishing;
3b. Commercial retail, limited to €fish houses (defined as eemmereial establishments `ha
buy and sell, at wholesale anEbIeF retail, seafeed pr-edoets, bait, iee, fidel, and ethe
4c. Detached dwellings;
• ..
6d. Accessory uses;
e. Institutional uses;
f. Institutional residential uses, involviniz less than ten dwelling units or rooms;
g. Public buildings and uses,
-7h. Attached dwellings of less than six units designated as employee housing as provided
for in section 139 -1
9i. Commercial apartments involving less than six dwelling units,
i. Light industrial uses, limited to Mmarine repair services, including engine and fishing
gear repair, provided that such uses are intended only to serve the needs of the
commercial fishing industry;
%. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
4-91. Collocations on existing antenna - supporting structures, pursuant to section 146-
5(3);
44m. Attached wireless communications facilities, as accessory uses, pursuant to
section 146 -5(4);
4-2-n. Satellite earth stations less than two meters in diameter, as accessory uses,
pursuant to section 146 -5(6);
130 -29 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
43o. Home occupations special use permit required; commercial fishing does not
require a special use permit - and
p. Wastewater nutrient reduction cluster systems that serve less than ten residences.
b-UThe following uses are permitted as minor conditional uses in eCommercial Eishing
&Special dDistrict 5, subject to the standards and procedures set forth in eChapter 110,
eArticle III:
A. Institutional residential uses involving ten to 20 dwelling units or rooms,
b. Commercial apartments involving six to 18 dwelling units, provided that:
1. The hours of operation of the commercial uses are compatible with residential
uses,
2. Tourist housing uses, including vacation rental uses, of commercial apartments
are prohibited,
c. Parks,
d. Attached and detached dwellings involving six to 18 units, designated as employee
housing as provided for in section 139 -1;
3e. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
4f. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
c—.Q The following uses are permitted eeadifieftS,
that afe peFmioed-as major conditional uses in c-Commercial fFishing 6�Special dDistrict 5
subject to the standards and procedures set forth in eChapter 110, -aArticle III:
a. Marinas, provided that:
130 -30 Keith and Schnars, P.A.
Land Development Code: March 2016
..
WE ..
..
A. Institutional residential uses involving ten to 20 dwelling units or rooms,
b. Commercial apartments involving six to 18 dwelling units, provided that:
1. The hours of operation of the commercial uses are compatible with residential
uses,
2. Tourist housing uses, including vacation rental uses, of commercial apartments
are prohibited,
c. Parks,
d. Attached and detached dwellings involving six to 18 units, designated as employee
housing as provided for in section 139 -1;
3e. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
4f. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
c—.Q The following uses are permitted eeadifieftS,
that afe peFmioed-as major conditional uses in c-Commercial fFishing 6�Special dDistrict 5
subject to the standards and procedures set forth in eChapter 110, -aArticle III:
a. Marinas, provided that:
130 -30 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
1. The parcel proposed for development has continuous access to water of depths of
at least four feet below mean sea level at mean low tide.
2. The sale of goods and services is limited to fuel, food, boating, diving and sport
fishing products.
3. Vessels docked or stored shall not be used for live - aboard purposes, except when
a permitted sewage pump -out facility is available on -site, and where the waste is
treated in a permitted sewage treatment facility.
4. All outside storage areas are screened from adjacent residential uses by a solid
fence, wall or hedge at least six feet in height.
5.
use by -A elf-Ass P Each nonwaterside perimeter setback of the parcel
proposed for development must have a class C bufferyard within a side yard
setback of ten feet from Section 130- 79(15)>
6. There is no displacement of existing commercial fishing g ockage or area,
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing, and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps.
96. If marina slips are leased on any basis longer than month -to- month, the
marina al fishing speeial dist.; shall lease at least 20 percent of
dwif-its docking slips on a month -to -month basis, and commercial fishing boats
shall be given priority for those slips.
10-7. Each marina owner or operator, - ffi °' ash:.,° °
x-55 -, shall maintain a waiting list for commercial fishing boats and give them
first priority at the end of each one -month leasing period.
118. The following message shall be posted on one two -foot by four -foot sign,
on the seaward end of the most visible pier or mooring, and on the landward end
of each pier, at each marina 4al fishing speeial distfie .
FISHING BOATS
If you have problems finding dockage or if you have questions, contact:
130 -31 Keith and Schnars, P.A.
Land Development Code: March 2016
1lonroe Countv Comprehenshe Plan Update
Name Pllone No.
b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per
shop, provided that: < from Section 130 - 79(15) >
1. There is no displacement of existing commercial fishing oge or area;
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing, and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps. Such uses shall be
considered subordinate to the existing principal commercial fishing use, and shall
only be allowed so Ion as the principal fishing use remains and is integrated into
the design of the development and would reinforce the commercial fishing
indus
c9. New antenna- supporting structures, pursuant to section 146-5(l)-
d. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent: and
3. In addition to any district boundary buffers set forth in chapter 114. article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure, and one
understory tree for every ten linear feet of screening structure:
ii. The required trees shall be evenly distributed throughout the planting bed.
iii. The planting bed shall be installed as set forth in chapter 114, article IV: an d
iv. A solid fence may be required upon determination by the Planning Director.
130 -32 Keith and Sehnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(bee) CFSD 6 (located on Boca Chica):
(1) The following uses are permitted as of right in Commercial Fishing Special District 6:
a4. Commercial fishing;
b3. Accessory uses efjutpfnef4,
c4. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
d4. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
e3. Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4); a*d
f6. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6 } and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 6 subject to the standards and procedures set forth in Chapter 110, Article
III:
a4. Commercial retail, low- and medium- intensity uses, provided that the goods and
services are related to or supportive of the commercial fishing industry;
b3. Light industrial uses, including marine repair services, provided that such uses are
intended only to serve the needs of the commercial fishing industry;
c3. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
d4. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 6 subject to the standards and procedures set forth in Chapter 110, Article
III: c „t. ' « « «; al ma e f e h a e l s n diti,. a l
a. Marinas and boat chartering, provided that: <came from Section 130- 79(15)>
1. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide;
130 -33 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
2. The sale of goods and services is limited to fuel, food, boating, divine, and sport
fishing products:
3. Vessels docked or stored shall not be used for live - aboard purposes, except when a
permitted sewage pumpout facility is available on -site, and where the waste is
treated in a permitted sewage treatment facility:
4. All outside storage areas are screened from adjacent resident uses by a solid fence,
wall or hedge at least six feet in height,
5. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet:
6. There is no displacement of existing commercial fishing g ockage or area:
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing: and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps:
b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per
shop, provided that: < from Section 130 - 79(15) >
1. There is no displacement of existing commercial fishing g ockage or area,
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing; and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps. Such uses shall be
considered subordinate to the existing_ principal commercial fishing use, and shall
only be allowed so long as the principal fishing use remains and is integrated into
the design of the development and would reinforce the commercial fishing
indus
c_ ffNew antenna- supporting structures, pursuant to section 146 -5(1 � and
d. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
130 -34 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporar�or permanent; and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
ii. The required trees shall be evenly distributed throughout the planting bed;
iii. The planting bed shall be installed as set forth in chapter 114, article IV; and
iv. A solid fence may by e required upon determination by the Planning Director.
(7D CFSD 7 (located on Boca Chica):
(1) The following uses are permitted as of right in Commercial Fishing Special District 7:
A
a-�. Light and heave industrial uses, limited to Rboat building, repair and storage and
other maritime - oriented industrial uses
b -2. Maritime — oriented commercial retail office, or restaurant uses or any combination
thereof, of less than 5,000 square feet of floor area;
c -5. Commercial fishing;
P. Institutional uses;
e.g. Public buildings and uses;
f Accessory uses;
g44 Replacement of an existing antenna - supporting structure pursuant to section 146-
5 ( 2 );
h44. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
130 -35 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comnrehenshe Plan Cndate
4.2. Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4); and
j4-3. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
to section 146 -5(6) : and
t?. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 7 subject to the standards and procedures set forth in Chapter 110, Article
I11: As m .,ditiena use-
1.
Mafia pr-ev ided t h m ti.eFe e&e a li .,b f
a2. Maritime- oriented commercial retail, and - office restaurant uses, or any combination
thereof, of greater than 5,000 but less than 20,000 square feet of floor area;
b3. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
c4. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6); and
d -5. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet.
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 7 subject to the standards and procedures set forth in Chanter 110, Article
III:. .
a-�. Heliports, provided that:
1.(i) The landing and departure approaches do not pass over established residential
uses or known bird rookeries; and
2.(4) The use is fenced or otherwise secured from entry by unauthorized persons;
W, New antenna- supporting structures, pursuant to section 146 -5(1 )-.�
c. Marinas and boat charteriniz, provided that: <from Section 130- 79(15)>
1. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide:
2. The sale of goods and services is limited to fuel, food, boating, diving and sport
fishing_ products:
130 -36 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comnrehensh a Plan Cndate
3. Vessels docked or stored shall not be used for live - aboard purposes, except when a
permitted sewage numpout facility is available on -site, and where the waste is
treated in a permitted sewage treatment facility.
4. All outside storage areas are screened from adiacent resident uses by a solid fence,
wall or hedge at least six feet in height,
5. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C buffervard within a side yard setback of ten feet;
6. There is no displacement of existing commercial fishing dockage or area,
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing, and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps.
d. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per
shop, provided that:
1. There is no displacement of existing commercial fishing dockage or area:
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing: and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps. Such uses shall be
considered subordinate to the existing - principal commercial fishing use, and shall
only be allowed so long as s the principal fishing use remains and is integrated into
the design of the development and would reinforce the commercial fishing
Indus
e. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
130 -37 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screeninm structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
ii. The required trees shall be evenly distributed throughout the planting bed;
iii. The planting bed shall be installed as set forth in chapter 114, article IV; and
iv. A solid fence may be required upon determination by the Planning Director.
(81) CFSD 8 (located on Big Pine):
(1) The following uses are permitted as of right in Commercial Fishing Special District 8:
&E Commercial fishing provided a class C bufferyard is provided along the boundary f
CFSD 8 with any residential land use district
W, Detached dwellings;
c3. Accessory uses; affd
d4. Home occupations special use permit required; commercial fishing does not require
a special use permit;:
e. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
f. Satellite earth stations less than two meters in diameter, as accessory uses, to
section 146 -5(6); and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 8 subject to the standards and procedures set forth in Chapter 110, Article
III:
130 -38 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprchensh'e Plan Update
a-E Attached dwellings, provided that the total floor area of residential uses in CFSD 8 0
4 fishing area distfief does not exceed 25 percent of the land area in the
4 fishing FSD 8 ;
b-2. Commercial retail and restaurant uses of low- and medium - intensity -ses, provided
that the goods and services are related to or supportive of the commercial fishing
industry , and provided a class C bufferyard is provided along the boundary of CFSD
8 with any residential land use district -aad
c3. Light industrial uses, including marine repair services, provided that such uses are
intended only to serve the needs of the commercial fishing industry and a class C
bufferyard is provided along the boundary of CFSD 8 with any residential land use
district - , and
d. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(f).
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 8 subject to the standards and procedures set forth in Chapter 110, Article
III:
a. Marinas and boat chartering_ provided that: <came from Section 130- 79(15)>
1. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide:
2. The sale of goods and services is limited to fuel, food, boating dig and sport
fishing_ products,
3. Vessels docked or stored shall not be used for live - aboard purposes, except when a
permitted sewage pumpout facility is available on -site, and where the waste is
treated in a permitted sewage treatment facility;
4. All outside storage areas are screened from adjacent resident uses by a solid fence,
wall or hedge at least six feet in height;
5. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet,
6. There is no displacement of existing commercial fishing dockage or area,
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing; and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps.
130 -39 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Count- Comprehensk e Plan Update
b. Restaurants, dive shops, and other commercial uses under 1,600 square feet per shop,
provided that: < from Section 130-79(15)?
1. There is no displacement of existing commercial fishing dockage or area;
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps. Such uses shall be
considered subordinate to the existing principal commercial fishing use, and shall
only be allowed so lop as s the principal fishing use remains and is integrated into
the design of the development and would reinforce the commercial fishing
indus
c. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements,
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following_
i. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure:
ii. The required trees shall be evenly distributed throughout the planting bed:
iii. The planting bed shall be installed as set forth in chapter 114, article IV, and
iv. A solid fence may be required upon determination by the Planning Director.
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Monroe County Comprehensive Plan Update
of tr-nps;
(4-0h) CFSD 12 (located on Big Pine):
(1) The following uses are permitted as of right in Commercial Fishing Special District 12:
a-1-. Commercial fishing,_ provided the use does not involve a vessel that draws more than
six feet of water;
b -2. Detached dwellings;
c3. Accessory uses;
d4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
e-5. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); afid
fg. Home occupations special use permit required; commercial fishing does not require a
special use permit -: and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 12 subject to the standards and procedures set forth in Chapter 110,
Article III:
a +. Attached dwellings, provided that the structures are separated from existing detached
dwellings by 100 feet or a class D bufferyard; and
b -2. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 12, subject to the standards and procedures set forth in Chapter 110,
Article III:
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Monroe Countri Comprehensive Plan Update
a. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent: and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure: and one
understory tree for every ten linear feet of screening structure;
ii. The required trees shall be evenly distributed throughout the planting, bed;
iii. The planting bed shall be installed as set forth in chapter 114_ article IV: and
iv. A solid fence may be required upon determination by the Planning Director.
(4J CFSD 13 (located on Summerland Key):
(1) The following uses are permitted as of right in Commercial Fishing Special District 13:
a4-. Commercial fishing provided the use does not involve a vessel that draws more than
six feet of water
b-2. Detached dwellings;
63. Accessory uses;
d4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
e5. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
f6. Home occupations special use permit required; commercial fishing does not require
a special use permit - and
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Monroe County Comprehensive Plan Update
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 13 subject to the standards and procedures set forth in Chapter 110,
Article III:
a4. Attached dwellings, provided that the total floor area of residential uses in CFSD 13 0
. A fishing a d '°'' i et d oes not exceed 25 percent of the land area in CFSD
13 ;
b-2. Commercial retail and restaurant uses of low- and medium_intensity -dses, provided
that the goods and services are related to or supportive of the commercial fishing
industry and the use does not involve a vessel that draws more than six feet of water
g -3. Light industrial uses, including marine repair services, provided that such uses are
intended onlv to serve the needs of the commercial fishing industry provided the use
does not involve a vessel that draws more than six feet of water
d4. Mobile homes; and
e-5. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as major conditional uses in Commercial Fishing
Special District 13 subiect to the standards and procedures set forth in Chapter 110,
Article III:
a. Marinas and boat chartering, provided that: <came from Section 130- 79(15)>
1. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide,
2. The sale of goods and services is limited to fuel, food, boating, diving, and sport
fishing products,
3. Vessels docked or stored shall not be used for live - aboard purposes, except when a
permitted sewage pumpout facility is available on -site, and where the waste is
treated in a permitted sewage treatment facility,
4. All outside storage areas are screened from adjacent resident uses by a solid fence,
wall or hedge at least six feet in height,
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Monroe Count- Comprehensh a Plan update
5. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet:
6. There is no displacement of existing commercial fishing dockage or area;
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing, and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps.
b. Restaurants, dive shops, and other commercial uses under 1,600 square feet per shop,
provided that: <from Section 130 - 79(15) >
1. There is no displacement of existing commercial fishing g ockage or area;
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing, and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps. Such uses shall be
considered subordinate to the existing_ principal commercial fishing use, and shall
only be allowed so long as s the principal fishing use remains and is integrated into
the design of the development and would reinforce the commercial fishing
indus
c. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements,
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent; and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening stnicture, and one
understory tree for every ten linear feet of screening structure,
ii. The required trees shall be evenly distributed throughout the planting bed,
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Monroe County Comprehensive Plan Update
iii. The planting bed shall be installed as set forth in chapter 114, article IV: an d
iv. A solid fence may be required upon determination by the Planning Director.
(43,v CFSD 16 (located iWon Conch Key):
(1) The following uses are permitted as of right in Commercial Fishing Special District 16:
a. Commercial fishing:
b. Accessory uses:
cb. Mobile homes; pe i ft a ddi t en to
d_dDetached dwellings;
es. Vacation rental use if a special vacation rental permit is obtained in accordance with
section 134 -1.
d. As of right uses
4. Collocations on existing antenna supporting structures, pursuant to section 146 -5(3);
g4. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); aad
h3. Home occupations special use permit required; commercial fishing does not require
a special use permit- and
i. Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 16 subject to the standards and procedures set forth in Chapter 110,
Article III: <from 130 -77 — applied per former subsection a. above>
a. Attached dwellings, provided that the total floor area of residential uses in CFSD 16
does not exceed 25 percent of the land area in CFSD 16.
b. Commercial retail and restaurant uses, of low and medium intensity, provided that the
goods and services are related to or supportive of the commercial fishing industry.
c. Light industrial uses, marine repair services, provided that such uses are intended
only to serve the needs of the commercial fishing industry.
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Monroe County Comprehensive Plan Update
de. Min en difi en .' uses. Satellite earth stations greater than or equal to two meters in
diameter, as accessory uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as major conditional uses in Commercial Fishing,
Special District 16, subject to the standards and procedures set forth in chanter 110,
article III:
a. Marinas and boat chartering_ provided that: <from 130 -77 — applied per former
subsection a. above>
1. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low ride;
2. The sale of goods and services is limited to fuel, food, boating diving and sport
fishing products:
3. Vessels docked or stored shall not be used for live - aboard purposes, except when
a permitted sewage pumpout facility is available on -site and where the waste is
treated in a permitted sewage treatment facility;
4. All outside storage areas are screened from adiacent residential uses by a solid
fence, wall or hedge at least six feet in height;
5. Each nonwaterside perimeter setback of the parcel proposed for development
must have a class C buffervard within a side yard setback of ten feet,
6. There is no displacement of existing commercial fishing dockage or area;
7. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing; and
8. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as trap storage and manufacture of traps.
b. Restaurants, dive shops, and other commercial uses of less than 1,600 square feet of
floor area, provided that: <from 130 -77 — applied per former subsection a. above>
1. There is no displacement of existing commmercial fishing oge or area:
2. No less than 50 percent of the dock area shall be devoted exclusively to
commercial fishing and
3. No less than 50 percent of the district land area shall be used for other commercial
fishing activities, such as the storage and manufacture of traps:
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
c. New antenna - supporting structures, pursuant to section 146-50), and 4rom 130 -77 —
applied per former subsection a. above>
d. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
I . The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements:
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopv tree for every 25 linear feet of screening structure: and one
understory tree for every ten linear feet of screening structure:
ii. The required trees shall be evenly distributed throughout the planting bed,
iii. The planting bed shall be installed as set forth in chapter 114, article IV: and
iv. A solid fence may be required upon determination by the Planning Director.
(4) In order to provide for the special needs of the commercial fishing industry, while
ensuring general compliance with plan requirements and maintaining_ good environmental
quality and community character, CFSD 16 is given the following special considerations:
<from 130 -77 — applied per former subsection a. above>
a. CFSD 16, under minor conditional use, may vary the requirements of the district:
b. Temporary uses specifically involving trap construction, maintenance and repair are
hereby exempted from maximum FAR and minimum open space requirements:
c. Sanitary toilet facilities may be provided by approved portable units:
d. Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a
written recommendation by the County Biologist that stormwater runoff can be
appropriately controlled due to the provisions of new gutters, berms or similar
devices:
e. The vegetated buffervard requirements may be varied to include fences or natural
vegetation except when abutting residential districts,
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Monroe County Comprehensive Plan Update
f. Lighting requirements may be reduced or waived where the Planning_ Director and
County Biologist agree that light intrusion, either to adioiningproperties or waterfront
areas, will have no adverse effect on community character or habitat; and
g. Except for commercial retail and wholesale operations, parking requirements may be
met by the provision of one parking or loading space for each individual lot of 6,000
square feet or less. Larger lots or parcels shall proportionately meet this same
requirement.
(431i) CFSD 17 (located on Old Boca Chica Road):
(1) The following uses are permitted as of right in Commercial Fishing Special District 17:
a. Commercial fishing_ provided the use does not involve a vessel that draws more than
two feet of water and the vessels are restricted to outboard engines only,
124-. Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
c-2. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
d3. Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4);
e4. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); a*d
f -S. Home occupations special use permit required; commercial fishing does not require
a special use permit-__ and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences.
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Monroe County Comprehensive Plan Update
(2) The following uses are permitted as minor conditional uses in Commercial Fishing
Special District 17, subject to the standards and procedures set forth in chapter 110,
article III: a. minor- ee nditiena l uses
a. Detached residential dwellings, provided that the total floor area of residential uses in
CFSD 17 does not exceed 25 percent of the land area in CFSD IT,
b4-. Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
c -2. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146- 5(6); -a*d
(3 The following uses are permitted as major conditional uses in Commercial Fishing
Special District 17, subject to the standards and procedures set forth in chapter 110,
article III: .
a_aNew antenna- supporting structures, pursuant to section 146-5(l)-.
b. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements;
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, and
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure,
ii. The required trees shall be evenly distributed throughout the planting bed;
iii. The planting bed shall be installed as set forth in chapter 114, article IV, and
iv. A solid fence may be required upon determination by the Planning Director.
(44J CFSD 20 (located on Little Torch Key):
LL*. The following uses are permitted as of right in Commercial Fishing Special District 20 :
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
a+. Commercial fishing provided the use does not involve a vessel that draws more than
three (3) feet of water
b-2-. Commercial retail uses, limited to -Wwholesale sales of catch;
c3. Detached dwellings;
46. Replacement of mobil homes existing as of
e-7. Accessory uses;
fg. Replacement of docks in existence as of R .
1
g-9. Home occupations — special use permit required, commercial fishing does not require
a special use permit
h44. Collocations on existing antenna supporting structures, pursuant to section 146-
5(3); a*d
i4-2. Satellite earth stations less than two meters in diameter, as accessory uses,
pursuant to section 146- 5(6) - and
i. Wastewater nutrient reduction cluster systems that serve less than ten residences.
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Monroe County Comprehensive Plan Update
The following uses are permitted as minor conditional uses in *e- eCommercial €Fishing
sSvecial dDistrict 20, subject to the standards and procedures set forth in eChapter 110,
eArticle III:
a_5Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(3) The following uses are permitted as maior conditional uses in Commercial Fishing
Special District 20, subject to the standards and procedures set forth in Chapter 110,
Article III:
a. Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district provided that:
1. The wastewater treatment facility and wastewater treatment collection systems are
in compliance with all federal, state, and local requirements,
2. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize
the impact of any outdoor storage, temporary or permanent, an d
3. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of
the screening structure shall be established with the following:
i. One native canopy tree for every 25 linear feet of screening structure, and one
understory tree for every ten linear feet of screening structure,
ii. The required trees shall be evenly distributed throughout the planting bed,
iii. The planting bed shall be installed as set forth in chapter 114, article IV, and
iv. A solid fence may be required upon determination by the Planning Director.
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Monroe County Comprehensive Plan Update
7. Ne less than 50 pereent ef the deek af:ea shall be deveted eywittsively te eew.-Aefeial fishing
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Monroe County Comprehensive Plan Update
Sec. 130 -80. Commercial Wishing vVillage dDistrict (CFV).
(a) The following uses are permitted as of right in the commercial fishing village district:
(1) Commercial fishing;
(2) Detached dwellings;
(3) Accessory uses,
(4) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(54) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(6 -S) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
( 6) Home occupations Special use permit required; commercial fishing does not require a
special use permit.
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Land Development Code: March 2016
Monroe County Comprehensh a Plan t plate
(b) The following uses are permitted as minor conditional uses in the commercial fishing village
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached dwellings, provided that the structures are separated from existing detached
dwellings by 100 feet or a class D bufferyard;
(2 -3) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(34) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(45) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
.. . N11 6 1 4. ,
(c) In order to provide for the special needs of the commercial fishing industry, while ensuring
general compliance with plan requirements and maintaining_ good environmental guali1y and
community character, the CFV District is given the following special considerations: 4rom
130 -77 >
(1) CFV, under minor conditional use, may vary the requirements of the district;
(2) Temporary uses specifically involving trap construction, maintenance and repair are
hereby exempted from maximum FAR and minimum open space requirements;
(3) Sanitary toilet facilities may be provided by using approved portable units;
(4) Non - shoreline and shoreline setbacks may be varied by the Planning Director upon a
written recommendation by the County Biologist that stormwater runoff can be
appropriately controlled due to the provisions of new gutters, berms or similar
devices:
(5) The vegetated buffervard requirements may be varied to include fences or natural
vegetation except when abutting residential districts,
(6) Lighting requirements may be reduced or waived where the Planning Director and
County Biologist agree that light intrusion, either to adjoining properties or waterfront
areas, will have no adverse effect on community character or habitat, and
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(7) Except for commercial retail and wholesale operations, parking requirements may be met by
the provision of one parking or loading space for each individual lot of 6,000 square feet or
less. Larger lots or parcels shall proportionately meet this same requirement.
Sec. 130 -81. Destination -rResort dDistrict (DR).
(a) The following uses are permitted as of right in the dDestination (Resort district:
(1) Detached dwellings;, �y
ensiefis-to metes sh .} HFC� }C�2 � 6
(2) Vacation rental use if a special vacation rental permit is obtained under the regulations
established in section 134 -1;
(3) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(4) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(5) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(7) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the destination resort district,
subject to the standards and procedures set forth in chapter 110, article III: ene e- more Fese
hotels, pr-evided that:
(1) Hotels, provided that:
a.() The hotel has restaurant facilities on the premises that will
accommodate no less than one -third of all hotel guests at maximum occupancy at a
single serving;
b.(-2 There are at least two satellite eating and drinking facilities, each accommodating at
least 25 persons;
c.(34 A separate meeting /conference and entertainment area that can also function as a
banquet facility;
d.(4) A lobby that provides 24 -hour telephone and reservation service,
e.(-_'�) Active and passive recreation land -based activities are available, with a minimum of
tennis courts or racquetball courts, or a spa/exercise room, provided at the standards
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Land Development Code: March 2016
llonroc Counh' Comorehenshe Plan C'
given below and at least two additional active and one additional passive recreational
facility, including, but not limited to, the following:
Active Recreational Facilities
Tennis court
1 /25 units
Racquetball court 1/25 units
Spa/exercise room, of no less than 500 square feet 1 /150 units
del
Dance floor 1 /hotel
Play fi el d/playground 11150 units
Miniature golf course 1/hotel
Golf course 1/hotel
Shuffleboard court, or other court games
2/50 units
Fitness course
1/hotel
Passive Recreational Facilities
Nature trail walk
1/hotel
Game room
1/150 units
Garden area
1/hotel
Observation area
1/hotel
Other uses may be substituted for these with the written approval of the
director of planning stating the standards used and the manner in which
guests will be served by such facilities. The director of planning shall
base his decision on generally accepted industry standards for
comparable destination resorts;
L(6) Active and passive water - oriented recreational facilities are available, a minimum of
a swimming pool, or swimming areas, at the rate of seven square feet of water surface
(excluding hot tubs and Jacuzzi) per hotel room (this requirement may be converted
to linear feet of shoreline swimming area at a ratio of one linear foot of beach per
seven square feet of required water surface);
g_(-7) Access to U.S. 1 is by way of
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
la. An existing curb cut;
2b. A signalized intersection; or
3e. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
h.(8) Each hotel establishes and maintains shuttle transport services to airports and tourist
attractions to accommodate ten percent of the approved floor area in guest rooms; and
such housing shall be of any of the following types: dormitory, studio, one bedroom,
two bedrooms and shall be in addition to the approved hotel density and shall be used
exclusively by employees qualifying under the employee housing provisions
elsewhere in this chapter;
i.(94 On -site employee housing living space is provided in an amount equal to ten percent
of the approved floor area in guest rooms; and such housing shall be of any of the
following types: dormitory, studio, one bedroom, two bedrooms and shall be in
addition to the approved hotel density and shall be used exclusively by employees
qualifying under the employee housing provisions elsewhere in this chapter; and
j.40) Commercial retail is provided at a minimum of 200 square feet to include
convenience retail, food sales and gifts in one or more sites, excluding restaurants as
required by subsection (b)(1) of this section, and in addition one and 1.3 square feet
commercial retail per each guest room greater than 150 rooms. Additional
commercial retail may be provided subject to the floor area ratio limitations of this
chapter. Commercial retail may consist of dive shops, boat rentals, gift shops,
barber/beauty services, travel agencies, provided that there is no extension signage
advertising these amenities to the general public. Water - related services and activities
shall be located immediately proximate to the water unless otherwise prohibited.
(c) The following uses are permitted as major conditional uses in the destination resort district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Marinas, provided that:
a. There are a minimum of seven boat slips, but the total number of boats stored on -site
or elsewhere for guests or employees shall be no greater than one per hotel room;
b. The parcel for development has access to water at least four feet below mean sea level
at mean low tide;
The sale of goods and services is limited to fuel, food, boating, and sport fishing
products;
d. All boat storage shall be confined to wet slips or enclosed dry storage;
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Monroe County Comprehensh a Plan Update
e. All storage areas are screened from adjacent uses by a solid fence, wall, or hedge of at
least six feet in height; and elevated racks, frames, or structures shall be enclosed on
at least three sides from the ground to the highest point of the roof,
f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet; and
g. Live - aboard vessels are prohibited;
(2) Attached and detached dwellings, designated as employee housing as provided for in
section 139 Efnpleyee J elliffg tmits, provided that:
a. They are built for and occupied by employees of the destination resort facilities;
b. The total area is no less that ten percent of the approved floor area in guest rooms of
the resort/hotels within the development;
The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
d. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(3) Attached ~ °s'rd welling units,
that the let has suffieient land afea and-
dimensiens t-13(' the iirrmrccrcrorr-vx- vn-src
(4) New antenna- supporting structures, pursuant to section 146-5(l);
(6�) Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize the
impact of any outdoor storage, temporary or permanent; and
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Monroe County Comprehensive Plan Update
c. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
1. One native canopy tree for every 25 linear feet of screening structure and one
understory tree for every ten linear feet of screening structure;
2. The required trees shall be evenly distributed throughout the planting bed;
3. The planting bed shall be installed as set forth in chapter 114, article IV -e*d
maintained in per-pe4�4y; and
4. A solid fence may be required upon determination by the planning director.
Sec. 130 -82. Industrial Udistrict (I).
(a) The following uses are permitted as of right in the +Industrial district:
(1) Restaurants of less than 5,000 square feet of floor area;
(2) Office uses of less than 5,000 square feet of floor area;
(3) Attached and detached dwellings involving less than six units, designated as employee
housing as provided for in section 139 - 1;� r �..r ..,:. asse mbly an d stef:age of go ods
a nd ate a l
(4) Commercial apartments involving less than six dwelling units;
(5) Commercial fishing;
(6) Institutional uses,
(7) Light industrial uses;
(8) Public buildings and uses;
(9) Accessory uses;
(10) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(11) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
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(13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(14) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6),
(1 5) Required par-king set fefth in ehapter- 11 4, m4iele H!, sefviag a pfiffeipal use er- s"e
9 the pf:iaeipal use.
(b) The following uses are permitted as minor conditional uses in the ilndustrial district, subject
to the standards and procedures set forth in chapter 110, article III:
(1) Office uses of 5,000 to 20,000 square feet in floor area, provided that access to U.S. 1 is
by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial apartments involving six or more -�welling units, provided that:
a. The hours of operation of the commercial uses proposed in conjunction with the
apartments are compatible with residential uses; and
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(3) Attached and detached dwellings involving six or more units, designated as employee
housing as provided for in section 139 -1:
(43) New antenna- supporting structures, pursuant to section 146 -5(1); and
(54) Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in another land use district land, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
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b. The wastewater treatment facility, wastewater treatment collection systems, and
accessory uses shall be screened by structures designed to:
1. Be architecturally consistent with the character of the surrounding community;
2. Minimize the impact of any outdoor storage, temporary or permanent; and
3. A solid fence may be required upon determination by the planning director;
c. Where a district boundary buffer is not required as set forth in chapter 114, article IV, a
planting bed, eight feet in width, shall be established to buffer the facility, providing
the following:
1. One native canopy tree for every 25 linear feet of fence;
2. One understory tree for every ten linear feet of fence;
3. The required trees shall be evenly distributed throughout the planting bed; and
4. The planting bed shall be installed as set forth in chapter 114, article IV--affd
maintained in per-petuk�
(c) The following uses are permitted as major conditional uses in the }Industrial district, subject
to the standards and procedures set forth in chapter 110, article III:
(1) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide,
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
d. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(2) Resource extraction, provided that:
a. The parcel proposed for excavation is a part of a lawfully operated, active quarry on
the effective date of the ordinance from which this chapter is derived;
b. Excavation equipment is screened from view by any established residential use; and
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c. A reclamation plan is prepared and implemented in accordance with the requirements
of the plan; and
(3) Heavy industrial uses, provided that:
a. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
b. The parcel proposed for development is separated from any established residential use
by a class F bufferyard
Sec. 130 -83. Improved Ssubdivision Ddistrict (IS).
(a) The following uses are permitted as of right in the improved subdivision district:
(1) In those improved subdivision districts with no subdistrict indicator, detached dwellings
of all types;
(2) IS -M: In those improved subdivision districts with an M subdistrict indicator, only
detached dwellings of masonry a apnea rance eenstmetiee;
(3) IS -D: In those improved subdivision districts with a D subdistrict indicator:
a. Detached dwellings; and
b. Duplexes;
(4) Home occupations — Special use permit required;
(5) Accessory uses;
(6) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) Vacation rental use is prohibited in all IS districts and subdistricts, except in:
(1) IS -V districts (as set forth in section 130 -834); and
(2) In gated communities that have:
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a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses.
(c) The following uses are permitted as minor conditional uses in the improved subdivision
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Parks and airy parks
(32) Institutional uses limited to &schools; and
(43) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
(d) The following uses are permitted as major conditional uses in the improved subdivision
district, subject to the standards and procedures set forth in chapter 110, article III:
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(12-) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
(24)Wastewater treatment facilities and wastewater treatment collection systems serving uses
located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize the
impact of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
One native canopy tree for every 25 linear feet of screening structure; and one
understory tree for every ten linear feet of screening structure;
2. The required trees shall be evenly distributed throughout the planting bed;
The planting bed shall be installed as set forth in chapter 114, article IV
; and
4. A solid fence may be required upon determination by the planning director.
(e) The following lawfully established nonresidential uses in the Improved Subdivision stibufbaft
resic1e#tAl — land use district, which were rendered nonconforming by the 2010
Comprehensive Plan, but listed as permitted uses in the land development regulations that
were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010
LDRs Section 9 -212 and lawfully existed on such lands on January 4, 1996, which are
damaged or destroyed may be permitted to be redeveloped, make substantial improvements,
or be reestablished as an amendment to a major conditional use, subject to the standards and
procedures set forth in chapter 110, article III:
(D_Commercial retail office, or any combination thereof, of low- and medium = intensity, of
f less than 2,500 square feet of floor area,
provided that:
R.(44 The parcel of land on which the commercial retail use is to be located abuts the
right -of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for
U.S. 1;
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b.(4) The structure must be located within 200 feet of the centerline of U.S. 1;
c.(-3 The commercial retail use does not involve the sale of petroleum products;
d.(4) The commercial retail use does not involve the outside storage or display of goods
or merchandise;
e.(-5) There is no direct access to U.S. 1 from the parcel of land on which the commercial
retail use is to be located;
f.(b) The structure in which the commercial retail use is to be located is separated from
the U.S. 1 right -of -way by a class C bufferyard;
g.(47) The structure in which the commercial retail use is to be located is separated from
any existing residential structure by a class C bufferyard;
h.(S) No signage other than one identification sign of no more than four square feet shall
be placed in any yard or on the wall of the structure in which the commercial retail
use is to be located except for the yard or wall that abuts the right -of -way for U.S. 1;
and
i.(.9) The use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
(2) Marinas, provided that:
a. The parcel proposed for development has continuous access to water of depths of at
least four (4) feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than private clubs, sport
fishing charters, boat dockage and storage:
c. All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live- aboard purposes,
e. All outside storage areas are screened from adiacent uses by a solid fence, wall or
hedge at least six (6) feet in height, and
f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C buffervard within a side yard setback of ten feet, and
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g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
maior conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
Sec. 130 -84. Improved Soubdivision Ddistrict— Vacation (Rental dDistrict (IS -V).
In addition to the as of right and conditional uses listed above in section 130 -83, vacation rental
uses are allowed as of right (subject to the regulations established in section 134 -1) in those
improved subdivision — vacation rental districts with the sub - indicator V (vacation rental). A
map amendment designating a contiguous parcel as IS-V may be approved, provided that the
map amendment application (and subsequent building permit applications and special vacation
rental permit applications) meet the following standards, criteria and conditions:
(1) The IS-V designation is consistent with the 2010 Comprehensive Plan and there is no
legitimate public purpose for maintaining the existing designation;
(2) The IS -V designation allowing vacation rental use does not create additional trips or other
adverse traffic impacts within the remainder of the subdivision or within any adjacent IS
district;
(3) The parcel to be designated IS-V must contain sufficient area to prevent spot- zoning of
individual parcels (i.e., rezonings should not result in spot -zoned IS-V districts or result
in spot -zoned IS districts that are surrounded by IS-V districts). Unless the parcel to be
rezoned contains the entire subdivision there will be a rebuttable presumption that spot -
zoning exists, but the board of county commissioners may rebut this presumption by
making specific findings supported by competent, substantial evidence that:
The designation preserves, promotes and maintains the integrity of surrounding
residential districts and overall zoning scheme or comprehensive plan for the future
use of surrounding lands;
b. Does not result in a small area of IS -V within a district that prohibits vacation rentals;
c. The lots or parcels to be designated IS-V are all physically contiguous and adjacent to
one another and do not result in a narrow strip or isolate pockets or spots of land that
are not designated IS -V, or which prohibit vacation rentals; and
d. The IS-V designation is not placed in a vacuum or a spot on a lot -by -lot basis without
regard to neighboring properties, but is a part of an overall area that allows vacation
rentals or similar compatible uses;
(4) In addition to the requirements contained in section 114 -126 (district boundaries), an IS-
V district shall be separated from any established residential district that does not allow
tourist housing or vacation rental uses by no less than a class C bufferyard;
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(5) Vacation rental use is compatible with established land uses in the immediate vicinity of
the parcel to be designated IS -V; and
(6) Unless a map amendment is staff generated (i.e., initiated by the county), an application
for a map amendment to IS-V shall be authorized by the property owners of all lots or
parcels included within the area of the proposed map amendment.
Sec. 130 -85. Maritime Iindustries Ddistrict (MI).
(a) The following uses are permitted as of right in the maritime industries district:
(1) Light industrial uses
(2) Commercial retail restaurant uses or any combination thereof, of less than 5,000 square
feet of floor area,
(3) Office uses of less than 5,000 square feet of floor area;
(4) Light akHeavy industrial uses;
(5) Commercial apartments involving less than six dwelling units, but tourist housing uses,
vacation rental use, of commercial apartments is prohibited;
(6) Attached and detached dwellings involving less than six units, designated as emolovee
housing as provided for in section 139 -1;
(76) Commercial fishing;
(8) Institutional uses;
(9) Public buildings and uses;
(10) Accessory uses,
(11) Vacation rental use of any nonconforming dwelling units if a special vacation rental
permit is obtained under the regulations established in section 134 -1,
(12) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(13) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(14) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
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(15) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(16) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the maritime industries district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial apartments involving more than six dwelling units, provided that:
a. The hours of operation of the commercial uses proposed in conjunction with the
apartments are compatible with residential uses;
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
c. Tourist housing uses, including vacation rental use of commercial apartments is
prohibited;
( 2) Attached and detached dwellings involving six or more units, designated as employee
housing as provided for in section 139 -1;
(34) Hotels of fewer than 50 rooms, provided that=
"one or more of the following amenities are available to guests:
1. Swimming pool;
2. Marina; and
3. Tennis courts; and
(44) New antenna - supporting structures, pursuant to section 146 -5(1).
(c) The following uses are permitted as major conditional uses in the maritime industries district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Hotels providing 50 or more rooms, provided that:
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a. The hotel has restaurant facilities on the premises;
b. One or more of the following amenities are available to ug ests:
1. Swimming pool; or
2. Docking facilities, or
3. Tennis courts; and
cb. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
d. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(3) "Agricultural uses, limited to mariculture provided that:
ab. The parcel proposed for development is separated from any established residential
uses by at least a class C bufferyard; and
bF. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height,
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(34) Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and minimize the impact
of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
1. One native canopy tree for every 25 linear feet of screening structure;
2. One understory tree for every ten linear feet of screening structure and the required
trees shall be evenly distributed throughout the planting bed;
The planting bed shall be installed as set forth in chapter 114, article IV -,-apd
maintained in ; and
4. A solid fence may be required upon determination by the planning director.
Sec. 130 -86. Military F €acilities Ddistrict (MF).
(a) The following uses are permitted as of right in the military facilities district:
(1) Detached fe4deff6"wellings;
(2) Attached fe4dei l- dwellings;
(3) Commercial retail and restaurant uses;
(4) Institutional uses;
(5) Institutional residential;
(6) Offices;
(7) Public buildings or uses;
(8) Airports;
(9) Accessory uses;
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(10) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(11) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(13) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6); and
(14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5).
(b) The following uses are permitted as major conditional uses in the military facilities district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products; and
c. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(2) New antenna- supporting structures, pursuant to section 146 -5(1);
Sec. 130 -87. Mainland Neative Aorea Ddistrict (MN).
All development permitted in the mainland native area district shall comply with applicable rules
and regulations of the Big Cypress National Preserve.
(g-�) The following uses are permitted as of right in the mainland native area district:
Via- Detached ft *i •,- d wellings;
JQb- Beekeeping;
I)L- Accessory uses;
L4)& Home occupations— Special use permit required;
SLR Tourist housing uses, including vacation rental uses, are prohibited;
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(6)f-. Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
and
L7 g. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6).
(b-2) The following uses are permitted as a-minor conditional use in the Mainland Native Area
district, subject to the standards and procedures set forth in chapter 110, article III:
1�ft- Educational and research centers, including campground spaces, provided that:
a +. No more than two camping spaces are provided per acre;
b2L. No development of any kind is permitted in wetlands, except unenclosed, elevated
structures on pilings or poles;
c4. No buildings are permitted, enclosed or otherwise except for buildings devoted to
educational, research or sanitary purposes of no more than 1,000 square feet per acre
and not more than 10,000 square feet in any single campground; and
d4. The site proposed for the center is at least five acres.
2Qb-. Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
Sec. 130 -88. Mixed U*se Ddistrict (MU).
(a) The following uses are permitted as of right in the mixed use district:
(1) Detached dwellings;
(2) Commercial retail office, restaurant uses, or any combination thereof of low- and
medium- intensity, and f less than 2,500 square
feet of floor area;
(3) Institutional residential uses, involving less than ten dwelling units or rooms;
(4) Commercial apartments involving less than six dwelling units, but tourist housing use,
including vacation rental use, of commercial apartments is prohibited;
(5) Commercial recreational uses limited to:
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a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(6) Commercial fishing;
(87) Institutional uses and r-e side n tial u ses i yens than ten d
(81) Public buildings and uses;
(94-0) Home occupations— Special use permit required;
(104 -) Community pl!arks;
(113) Accessory uses;
(123) Vacation rental use of detached dwelling units is permitted if a special vacation rental
permit is obtained under the regulations established in section 134 -1;
(134) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(14-5) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(156) Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4);
(16 -7) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
(1 Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6);
(181) Attached and tina t t .,,,i ed residential detached dwellings involving less than six units,
designated as employee housing as provided for in section 40139 -164-; and
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(291 9) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the mixed use district, subject
to the standards and procedures set forth in chapter 110, article III:
(1) Attached residential dwellings-&nit-&, provided that:
a. The total number of units does not exceed four; and
b. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development;
(2) Commercial recreationfJ uses (indoor and outdoor) excluding amusement or sea life
parks and drive -in theaters, p rovided that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use;
(3) Commercial retail office, restaurant uses, or any combination thereof of low- and
medium = intensity, and of greater than 2,500
but less than 10,000 square feet of floor area, provided that access to U.S. 1 by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(4) Commercial retail office, restaurant uses, or any combination thereof of high = intensity
uses, and of less than 2,500 square feet of
floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
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(5) Commercial apartments involving six to 18 dwelling units, provided that:
a. The hours of operation of the commercial uses are compatible with residential uses;
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
c. Tourist housing uses, including vacation rental uses, of commercial apartments are
prohibited;
(6) Institutional residential uses involving ten or more dwelling units or rooms, providing
that:
a. The use is compatible with land use established in the immediate vicinity of the parcel
proposed for development;
b. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
c. Tourist housing uses, including vacation rental use, of institutional fe4ki welling
units is prohibited;
(7) Hotels of fewer than 50 rooms, provided that=
b-Aone or more of the following amenities is available to guests:
1. Swimming pool; or
2. MaFina facilities or a*d
3. Tennis courts;
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(8) Campgrounds and recreational vehicle parks provided that:
a. The parcel proposed for development has an area of at least five acres,
eb. If the use involves the sale of goods and services, other than the rental of camping
sites or recreational vehicle parking spaces, such use does not exceed 1,000 square
feet and is designed to serve the needs of the campground; and
dc. The parcel proposed for development is separated from all adjacent parcels of land by
at least a class C bufferyard;
(9) Light industrial uses, provided that:
a. The parcel proposed for development is less than two acres;
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
(4- 10) Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6); and
(4- 11) Attached and una ed ~e &k1en4a aetached dwellings involving six to 18 units,
designated as employee housing as provided for in section -139139 -1&- .
(c) The following uses are permitted as major conditional uses in the mixed use district subject to
the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail office, restaurant uses, or any combination thereof of low- and
medium _intensity, uses and e ffi e tises or any mbinafien then -ee and of greater than
10,000 square feet in floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
least 400 feet;
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(2) Commercial retail office, restaurant uses, or any combination thereof of high _intensity,
a e ffi e m i.i nat " ,., *' efeef of greater than 2,500 square feet in
floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Attached res'�al dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
d. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(5) Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on the premises;
b. One or more of the following amenities are available to ug ests:
1. Swimming pool, or
2. Docking facilities; or
3. Tennis courts; and
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ch. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet; and
du. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(6) Heliports or seaplane ports, provided that:
a. The helieepter- heliport is associated with a governmental service facility, a law
enforcement element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation Administration certified landing
facility;
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established residential uses within 500 feet of the parcel proposed for
development, the hours of operation for non - emergency aircraft shall be limited to
daylight; and
e. The use is fenced or otherwise secured from entry by unauthorized persons;
(7) Light industrial uses, provided that:
a. The parcel proposed for development is greater than two acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. The use is compatible with land uses established in the immediate vicinity of the parcel
proposed for development;
(8) Commercial recreation uses (indoor and outdoor), including amusement or sea life parks
and drive -in theaters, provided that:
a. The parcel of land has an area of at least two acres;
b. The parcel is separated from residential districts IS, SR, SR -L, SS, UR, URM, URM -L
or established residential uses by at least a class E buffer; and
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c. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(9) Agricultural uses, limited to mariculture"
(10) New antenna - supporting structures, pursuant to section 146 -5(1);
(121 1) Attached and ,. nat4a -hed F esidential detached dwellings involving more than 18 units,
designated as employee housing as provided for in section 4- X8139 -16�;
(4- 12) Wastewater treatment facilities and wastewater treatment collection systems serving
uses located in any land use district, provided that:
a. The wastewater treatment facility and wastewater treatment collection systems are in
compliance with all federal, state, and local requirements;
b. The wastewater treatment facility, wastewater treatment collection systems and
accessory uses shall be screened by structures designed to be architecturally
consistent with the character of the surrounding community and shall minimize the
impact of any outdoor storage, temporary or permanent, and
In addition to any district boundary buffers set forth in chapter 114, article IV, a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
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1. One native canopy tree for every 25 linear feet of screening structure;
2. One understory tree for every ten linear feet of screening structure and the required
trees shall be evenly distributed throughout the planting bed;
3. The planting bed shall be installed as set forth in chapter 114, article IV, -and
perpetuity; maintained in and
4. A solid fence may be required upon determination by the planning director.
Sec. 130 -89. Native Aarea Ddistrict (NA).
(a) The following uses are permitted as a-of right in the native area district:
(1) Detached Fesidential dwellings;
(2) Beekeeping;
(3) Home occupations— Special use permit required;
(4) Accessory uses;
(5) Tourist housing uses, including vacation rental uses, are prohibited;
(6) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(7) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
and
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the native area district, subject
to the standards and procedures set forth in chapter 110, article III:
(1) Attached fesident ial- dwelling units, provided that:
a. The total number of units does not exceed four; and
b. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development;
(2) Public buildings and uses, provided that:
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a. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
b. The parcel proposed for development is at least two acres;
(3) Agricultural uses, provided that:
a. The use is compatible with land uses established in the immediate vicinity of the parcel
proposed for development;
b. The parcel proposed for development is separated from any established residential uses
by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall of
hedge of at least six feet in height;
(4) Parks (passive):
L&Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(66) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(76) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
(c) The following uses are permitted as major conditional uses in the native area district, subject
to the standards and procedures set forth in chapter 110, article III:
(1) Attached F°s'1- dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard.
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ftPA
(d) The following lawfully established nonresidential uses in the Nfrative A -area land use district,
which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as permitted
uses in the land development regulations that were in effect immediately prior to the institution
of the 2010 Comprehensive Plan (pre -2010 LDR's Section 9 -209 and lawfully existed on such
lands on January 4, 1996, which are damaged or destroyed may be permitted to be redeveloped,
make substantial improvements, or be reestablished as an amendment to a major conditional use,
subject to the standards and procedures set forth in chapter 110, article III.
(1) Marinas, provided that:
a. The parcel has continuous access to water of depths of at least four Meet below
mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than boat dockage and
storage;
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c. All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live - aboard purposes;
All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C buffervard within a side yard setback of ten feet; and Tke -p ars
g. The use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
(2) Solid waste facility, provided that:
a. The parcel of land is at least 40 acres;
b. All landfill activity occurs no closer than 150 feet to any property line and at least a
class F buffer is provided within this setback;
c. No fill shall exceed 35 feet in height from the original grade of the property;
d. Such operations fully comply with F.S. § 403.701 et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely affect surrounding
properties;
g. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and
h. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
Sec. 130 -90. Offshore Ifsland Ddistrict (OS).
(a) The following uses are permitted as of right in the offshore island district:
(1) Detached Fesidew4Wwellings;
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(2) Camping, for the personal use of the owner of the property on a temporary basis;
(3) Beekeeping;
(4) Accessory uses;
(5) Home occupations— Special use permit required;
(6) Tourist housing uses that were established (and held valid state public lodging
establishment licenses) prior to January 1, 1996. Vacation rental use, of a dwelling unit in
existence as of January 1, 2000, if a special vacation rental permit is obtained under the
regulations established in section 134 -1;
(7) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3); and
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6).
(b) The following is permitted as a minor conditional use in the offshore island district (OS),
subject to the standards and procedures set forth in chapter 110, article III:
Ssatellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
Sec. 130 -91. Park and Rfefuge Ddistrict (PR).
(a) The following uses are permitted as of right in the park and refuge district:
(1) A et iv e an d.. ea ,,.:, aa! u ses, I., nes i ,. „a: a i „eh i l s Parks:
(2) NU&imsInstitutional uses
(3) Public buildings and uses;
(4) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(54) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(0) Attached wireless communications facilities as accessory uses, pursuant to section 146-
5(4); and
(776) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the park and refuge district,
subject to the standards and procedures set forth in chapter 110, article III:
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(1) Campgrounds and recreational vehicle parks provided that:
a. The parcel proposed for development has an area of at least five acres;
eb. The use does not involve the sale of goods and services other than rental of camping
sites, recreational vehicle parking spaces or the sale of goods and services, limited to
the needs of the campers, not exceeding 1,000 square feet;
(2) Hotels of fewer than 12 rooms, provided that:
a. The parcel proposed for development has an area of at least one acre,
b. All signage is limited to that permitted for a residential use; and
c. The parcel proposed for development is separated from any established residential use
by at least a class D bufferyard, and
(34) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5).
(c) The following uses are permitted as major conditional uses in the park and refuge district,
subject to the standards and procedures set forth in chapter 110, article III: ,
E, P ,
(1) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
sea level at mean low tide•
b. The use does not involve the sale of goods and services other than private clubs, sport
fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boats or other
equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live - aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
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f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C buffervard within a side yard setback of ten feet.
Sec. 130 -92. Recreational Vehicle Ddistrict (RV).
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle s}aees RV spaces are intended for use by traveling
recreational vehicles. RV spaces may be leased, rented or occupied by a specific,
individual recreational vehicle, for a term of less than 28 days, but placement of a
specific, individual recreational vehicle (regardless of vehicle type or size) within a
particular RV park for occupancies or tenancies of six months or more is prohibited.
Recreational vehicles may be stored, but not occupied, for periods of six months or
greater only in an approved RV storage area (designated on a site plan approved by the
director of planning) or in another appropriate district that allows storage of recreational
vehicles. RV storage areas must meet all land development regulations, floodplain
management regulations and building code requirements for storage of recreational
vehicles;
(2) Commercial retail restaurant uses or any combination thereof, of less than 2,500 sqLiar,,e
of floor area;
(3) Accessory uses;
(4) Commercial apartments. However, there shall be no more than one commercial apartment
unit per three QLRV spaces up to ten percent 10% of total spaces allowed or in
existence;
(5) Vacation rental use of nonconforming detached and attached dwelling units constructed
prior to February 16, 2011, if a special vacation rental permit is obtained where necessary
under the regulations established in section 134 -1;
(6) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(76) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3)
"Collocations on existing supporting structure "; and
(8 -7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6) "Satellite earth stations."
(b) The following use are —is permitted as minor conditional uses in the recreational vehicle
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Hotels providing less than 50 rooms, provided that-
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b--Gone or more of the following amenities are available to guests_;
1. Swimming pool; or
2. MefiffaDocking facilities orsnd
3. Tennis court.
(2) Attached or detached seasonal residential units, provided that:
a. All units within the RV land use district shall be subject to the terms and conditions of
a Development Agreement as defined in sections 110 -132, 110 -133 and further
defined below.
b. The units meet all land development regulations, floodplain management regulations,
building code, and life safety requirements for the development of transient
structures;
c. The development of seasonal residential units shall occur only in gated RV parks with
a managing entity responsible for evacuation.
d. The proposed site is subject to an approved development agreement with Monroe
County detailing at a minimum:
1. All proposed transitional recreational vehicle units;
2. A proposed site plan;
3. A design strategy demonstrating separation of transient unit types on the property
for life safety as well as design that is consistent with community character, and
any applicable Monroe County design guidelines;
4. A statement of commitment for the park to adhere to transient evacuation
regulations;
5. A phasing plan, as appropriate, detailing timelines for project completion;
6. Access to US 1 is by way of
i. An existing curb cut;
ii. A signalized intersection; or
iii. A curb cut that is separated from any other curb cut on the same side of US 1
by at least 400 feet.
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(3) Parks ,
ercial retail, restaurant uses, or any combination thereof, of low and medium
intensity, and of greater than 2,500 but less than 10,000 square feet of floor area,
provided that access to U.S. 1 by way of:
a. An existing curb cut,
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I=
least 400 feet,
(5) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4) "Attached wireless communications facilities;"
(� Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5) "Stealth wireless communications facilities;" and
(7) Satellite earth stations greater than or equal to two (2) meters in diameter, as accessory
uses, pursuant to section 146 -5(6) "Satellite earth stations."
(c) The following uses are permitted as major conditional uses in the recreational vehicle district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on the premises; a*d
b. One or more of the following amenities are available to guests:
1. Swimming pool: or
2. Docking facilities; or
3. Tennis courts; and
cla. Access to US 1 is by way of:
1. An existing curb cut;
2. A signalized intersection;
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3. A curb cut that is separated from any other curb cut on the same side of US I by at
least 400 feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
seas -level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. Vessels docked or stored shall not be used for live- aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
e. The parcel proposed for development is separated from any established residential use
by a class C buffer -yard.
(3) Rese ARierAff retail, reurant uses, or any combination thereof, of high
intensity, and of less than 2,500 square feet of floor area, provided that access to U.S. 1 is
by way of:
a. An existing curb cut,
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U_S..,J bt
least 400 feet:
(34) Wastewater treatment facility and wastewater treatment collection systems(s) serving (a)
use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection system(s) is
(are) in compliance with all federal, state, and local requirements; and
b. The wastewater treatment facility, wastewater treatment collection system(s) and
accessory uses shall be screened by structures(s) designed to be architecturally
consistent with the character of the surrounding community and minimize the impact
of any outdoor storage, temporary or permanent; and
In addition to any district boundary buffers set forth in chapter 114, article IV a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
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Monroe County Comprehensive Plan Update
1. One native canopy tree for every 25 linear feet of screening structure and one
understory tree for every ten linear feet of screening structure; and
2. The required trees shall be evenly distributed throughout the planting bed; and
3. The planting bed shall be installed as set forth in chapter 114, article IV —a*d
perpetuity; mainfained in and
4. A solid fence may be required upon determination by the planning director.
Sec. 130 -93. Suburban eCommercial dDistrict (SC).
(a) The following uses are permitted as of right in the Suburban c-Conunercial district:
(1) Commercial retail office, restaurant uses, or any combination thereof of low- and
medium = intensity md effiee uses eF any theifeef and of less than 2,500
square feet of floor area;
(2) Institutional residential uses, involving less than ten dwelling units or rooms;
(3) Commercial apartments involving less than six dwelling units -iff;
(4) Commercial recreationfJ uses limited to:
a. Bowling alleys;
b. Tennis and racquetball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(5) Institutional uses;
(6) Public buildings and uses;
(7) Accessory uses;
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(98) Vacation rental use of nonconforming detached and attached dwelling units, if a special
vacation rental permit is obtained under the regulations established in section 134 -1;
(4-99 )Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(4- Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4);
(4-2J 1) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(4- 12) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
(4- 413) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6);
0514 Attached and anaaaeked _,.,.:a,...`:..' aetached dwellings involving less than six units,
designated as employee housing as provided for in section 4-N139- 164-; and
(4- 615) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the sSuburban eCommercial
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and
medium - intensity, and ,.Fr.,.,. ....binatien `heFee and of greater than 2,500 uses
but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail restaurant uses, or any combination thereof, uses of high intensity,
and of less than 2,500 square feet in floor area; provided that access to U.S. 1 is by way
of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Institutional residential uses involving ten to 20 dwelling units or rooms, provided that:
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ba. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from another curb cut on the same side of U.S. 1 by at
least 400 feet;
(4) Commercial apartments involving six to 18 dwelling units, provided that:
a. The hours of operation of the commercial uses are compatible with residential uses;
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet,
c. Tourist housing uses, including vacation rental uses, of commercial apartments are
prohibited;
(5) Hotels of fewer than 25 rooms, provided that:
ab. One or more of the following amenities are available to guests:
1. Swimming pool;
2. Docking facilities or
3. Tennis courts;
(6) Campgrounds and recreational vehicle parks provided that:
a. The parcel proposed for development has an area of at least five acres;
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eb. If the use involves the sale of goods and services, other than the rental of camping
sites or recreational vehicle parking spaces, such use does not exceed 1,000 square
feet and is designed to serve the needs of the campground; and
�c. The parcel proposed for development is separated from all adjacent parcels of land by
at least a class C bufferyard;
(7) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres;
b. The parcel proposed for development is separated from any established residential
use by at least a class C bufferyard; and
All outside storage areas are screened from adjacent use by a solid fence, wall or
hedge at least six feet in height;
(8) Parks and eewAmmify pe ; and
(9) Attached and tmaftaehed r. etached dwellings involving six to 18 units,
designated as employee housing as provided for in section 140 1 3 9 -16-�.
(10) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life
parks and drive -in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres,
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard: and
c. All outside li hg tin i is designed and located so that light does not shine directly on any
established residential use:
(c) The following uses are permitted as major conditional uses in the sSuburban eCommercial
district subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail office, restaurant uses, or any combination thereof, of low- and
medium = intensity and of greater than 10,000
square feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
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(2) Commercial retail restaurant uses, or any combination thereof. - tse�of high intensity,
and greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way
of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Institutional residential uses involving 20 or more dwelling units or rooms; provided that:
ab. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
be. Tourist housing uses, including vacation rental uses, of institutional residential units
are prohibited;
(4) Hotels providing 25 or more rooms, provided that:
a. The hotel has restaurant facilities on the premises; and
b. One or more of the following_ amenities are available to guests:
1. Swimming pool; or
2. Docking facilities: or
3. Tennis courts, and
cl &. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
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Monroe County Comprehensive Plan Update
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(5) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below
mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport
fishing products;
c. All outside storage areas are screened from adjacent uses by a fence, wall or hedge of
at least six feet in height;
d. Any commercial fishing activities are limited to the landing of catch, mooring and
docking of boats and storage of traps and other fishing equipment; and
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(6) Agricultural uses, limited to mariculture" provided that:
ha. The parcel proposed for development is separated from any established residential
use by at least a class C bufferyard; and
eb. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
(7) Heliports or seaplane ports, provided that:
a. The helicopter is associated with a government service facility, a law enforcement
element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation Administration certified landing
facility;
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established residential uses within 500 feet of the parcel proposed for
development, the hours of operation for non-emergency aircraft shall be limited
to daylight; and
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e. The use is fenced or otherwise secured from entry by unauthorized persons;
(8) New antenna - supporting structures, pursuant to section 146 -5(1);
(4-09) Attached and tmat «,. e h e d .,,side ~.:„l detached dwellings involving more than 18 units,
designated as employee housing as provided for in section 440139 -16-�.
Sec. 130 -94. Suburban Rvesidential Ddistrict (SR).
(a) The following uses are permitted as of right in the suburban residential district:
(1) Detached es�l dwellings;
(2) Parks, excluding tennis courts and swimming pools ";
(3) Beekeeping;
(4) Home occupations — Special use permit required;
(5) Accessory uses;
(6) Vacation rental use if a special vacation rental permit is obtained under the regulations
established in section 134 -1,
(7) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(8 -7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(99) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(LO')) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the suburban residential
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached residential dwelling units, provided that:
a. The total number of units does not exceed four per building;
b. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
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c. The parcel proposed for development is separated from any established detached
residential use by a class C bufferyard;
(2) ° b'i° °r .,, ^' °Parks, including community tennis courts and swimming pools, provided
that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use;
(3) Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(4) Commercial retail office, restaurant uses, or any combination thereof, of low- and
medium_intensity eFeffi^^ .. , b." , ^« i^~ +''°f°4 of less than 2,500
square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right -
of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. 1,
b. The structure must be located within 200 feet of the centerline of U.S. 1,
c. The commercial retail use does not involve the sale of petroleum products;
d. The commercial retail use does not involve the outside storage or display of goods or
merchandise with the exception that outside sales and display for nurseries may be
permitted with the stipulation that required open space and required bufferyards may
not be used for display and sales;
e. There is no direct access to U.S. 1 from the parcel of land on which the commercial
retail use is to be located;
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f. The structure in which the commercial retail use is to be located is separated from the
U.S. 1 right -of -way by a class C bufferyard;
g. The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard; and
h. No signage other than one identification sign of no more than four square feet shall be
placed in any yard or on the wall of the structure in which the commercial retail use is
to be located except for the yard or wall that abuts the right -of -way for U.S. 1;
(56) Institutional uses, provided that:
a. The parcel proposed for development is separated from any established residential uses
by a class C bufferyard; and
b. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(69) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
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(74-0) Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(c) The following uses are permitted as major conditional uses in the suburban residential
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached r dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(2) Institutional residential uses, provided that:
ah. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
be. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
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(34) Agricultural uses, provided that:
ah. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
be. All outside storage areas are screened from adjacent uses by solid fence, wall or
hedge at least six feet in height,
(5) Campgrounds and recreational vehicle parks provided that:
a. The parcel proposed for development has an area of at least five acres;
eb. If the use involves the sale of goods and services, other than the rental of camping
sites °anion°' vehiele par-king spaees, such use does not exceed 1,000 square
feet and is designed to serve the needs of the campground; and
dc. The parcel proposed for development is separated from all adjacent parcels of land by
at least a class C bufferyard;
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refeTART �e*eee
(d) The following lawfully established nonresidential and transient uses in the suburban
residential land use district, which were rendered nonconforming by the 2010
Comprehensive Plan, but listed as permitted uses in the land development regulations that
were in effect immediately prior to the institution of the 2010 Comprehensive Plan (pre -2010
LDRs Section 9 -206 and lawfully existed on such lands on January 4, 1996, which are
damaged or destroyed may be permitted to be redeveloped, make substantial improvements,
or be reestablished as an amendment to a major conditional use, subject to the standards and
procedures set forth in chapter 110, article III.
(1) Commercial retail office, or any combination thereof, of low- and medium _intensity, -eF
eff4ee fabinatien theFeef and of less than 2,500 square feet of floor area,
provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right -
of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. 1;
b. The commercial retail use does not involve the sale of petroleum products;
c. The commercial retail use does not involve the outside storage or display of goods or
merchandise with the exception that outside sales and display for nurseries may be
permitted with the stipulation that required open space and required bufferyards may
not be used for display and sales;
d. The structure in which the commercial retail use is to be located is separated from the
U.S. I right -of -way by a class C bufferyard;
e. The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard;
f. No signage other than one identification sign of no more than four square feet shall be
placed in any yard or on the wall of the structure in which the commercial retail use is
to be located except for the yard or wall that abuts the right -of -way for U.S. 1; and
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive;
(2) Marinas, provided that:
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a. The parcel has continuous access to water of depths of at least four (4) feet below mean
sea level at mean low tide;
b. The use does not involve the sale of goods and services other than private clubs, sport
fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack, frame or structure;
d. Vessels docked or stored shall not be used for live - aboard purposes;
e. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six Meet in height;
f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C buffervard within a side yard setback of ten feet, and The parcel is
sepa rated a.,....a established r-e sidenfial , e b „ , iris C t,,,"ar-d• and
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDR's for this district, whichever is
more restrictive.
(3) Hotels of fewer than 12 rooms, provided that:
a. The parcel proposed for development has an area of at least two acres;
b. All signage is limited to that permitted for a residential use;
c. The parcel proposed for development is separated from any established residential use
by at least a class C buffervard; and
d. The use is compatible with land uses established in the immediate vicinity of the parcel
proposed for development, and
e. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDR's for this district, whichever is
more restrictive.
Sec. 130 -95. Suburban Rfesidential Ddistrict (limited) (SR -L).
(a) The following uses are permitted as of right in the suburban residential district (limited):
(1) Detached f:es'r dwellings;
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(2) Cetn Rittaity pParks;
(3) Beekeeping;
(4) Home occupations— Special use permit required;
(5) Accessory uses;
(6) Vacation rental use if a special vacation rental permit is obtained under the regulations
established in section 134 -1;
(7) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2):
(8 -7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(98.) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(10-3) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the suburban residential district
(limited) (SR -L):
(12-) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(23) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
Sec. 130 -96. Sparsely Ssettled Rfesidential Ddistrict (SS).
(a) The following uses are permitted as of right in the sparsely settled residential district:
(1) Detached es'�l dwellings;
(2) Beekeeping;
(3) Home occupations — Special use permit required;
(4) Accessory uses;
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(5) Tourist housing uses, including vacation rental uses are prohibited;
(6) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the sparsely settled residential
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached =°&'rd welling units, provided that:
a. The total number of units does not exceed four; and
b. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development;
(2)1ie er- pr-ivate including community tennis courts and swimming pools, provided
that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use;
(3) Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
b. The parcel of land proposed for development is at least two acres;
(4) Parks excluding tennis courts and swimming pools ;
(5) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(6) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
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(c) The following uses are permitted as major conditional uses in the sparsely settled residential
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached FeSidential dwelling units, provided that:
The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
(23) Agricultural uses, provided that:
a. The use is compatible with land uses established in the immediate vicinity of the parcel
proposed for development;
b. The parcel proposed for development is separated from any established residential uses
by at least a class C bufferyard; and
All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
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(d) The following lawfully established nonresidential uses in the Ssparsely Ssettled land use
district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as
permitted uses in the land development regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre -2010 LDRs Section 9 -208 and lawfully
existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to
be redeveloped, make substantial improvements, or be reestablished as an amendment to a major
conditional use, subject to the standards and procedures set forth in chapter 110, article III:
(1) Marinas, provided that:
a. The parcel has continuous access to water of depths of at least four (44,) feet below mean
sea level at mean low tide;
b. The use does not involve the sale of goods or services other than sport fishing charters,
boat dockage and storage;
All boat storage is limited to surface storage on trailers or skids and no boat or other
equipment is stored on any elevated rack, frame or structure,
d. Vessels docked or stored shall not be used for live- aboard purposes;
All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six1 feet in height;
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f. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet: andThe pafeel is
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive;
(2) Solid waste facility, provided that:
a. The parcel of land is at least 40 upland acres;
b. All landfill activity occurs no closer than 150 feet to any property line and at least a
class F buffer is provided within this setback;
c. No fill shall exceed 35 feet in height from the original grade of the property;
d. Such operations fully comply with F.S. Section 403.7024- et seq.;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely affect surrounding
properties;
g. Road access to the side from U.S. 1 is limited to traffic serving the landfill; and
h. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
Sec. 130 -97. Urban Ceommercial Ddistrict (UC).
(a) The following uses are permitted as of right in the urban commercial district:
(1) Commercial retail of low- and medium - intensity, and -office uses or restaurant uses, or
any combination thereof of less than 5,000 square feet of floor area;
(2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of
less than 2,500 square feet of floor area;
(3) Institutional residential uses involving less than 20 dwelling units or rooms;
(4) Commercial apartments involving less than six dwelling units;
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(63) Commercial recreational uses limited to:
a. Bowling alleys;
b. Tennis and racquetball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools;
(76) Institutional uses;
(8 -7) Public buildings and uses,
(9S) Accessory uses;
(103) Vacation rental use of nonconforming detached and attached dwelling units if a special
vacation rental permit is obtained under the regulations established in section 134 -1;
11+8) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
1244) Attached wireless communications facilities, as accessory uses, pursuant to section
146 -5(4);
(13 a) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(14 -4) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(15.4) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the urban commercial district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail of low- and medium - intensity, afid- office uses or restaurant uses, or
any combination thereof of greater than 5,000 but less than 20,000 square feet of floor
area, provided that access to U.S. I is by way of:
a. An existing curb cut;
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b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of
greater than 2,500 but less than 10,000 square feet of floor area, provided that access to
U.S. 1 is byway of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Institutional residential uses involving 20 or more dwelling units or rooms, provided that:
b. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(4) Commercial apartments involving six to 18 dwelling units, provided that:
a. The hours of operation of the commercial uses are compatible with residential uses;
b. Access to U.S. I is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
c. Tourist housing uses, including vacation rental use, of commercial apartments is
prohibited;
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(5) Attached and detached dwellings involving six (6) to 18 dwelling units, designated as
employee housing,
(64) Hotels of fewer than 50 rooms provided that:
ab. One or more of the following amenities are available to guests:
1. Swimming pools; or
2. Marina; or
3. Tennis courts; and
be. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(76.) Parks : and
(8 -7) Commercial recreation uses (indoor and outdoor), excluding amusement or sea
life parks and drive -in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not shine directly on any
established residential use;
(c) The following uses are permitted as major conditional uses in the urban commercial district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail of low- and medium - intensity, e+4-office uses, or restaurant uses or
any combination thereof, of greater than 20,000 square feet in floor area, provided that
access to U.S. I is byway of
a. An existing curb cut,
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b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
least 400 feet;
(2) Commercial retail uses or restaurant uses, or any combination thereof of high intensity of
greater than 10,000 square feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Hotels providing 50 or more rooms, provided that:
a. The hotel has restaurant facilities on the premises; a*d
b. One or more of the following amenities are available to ug ests:
1. Swimming pool; or
2. Docking facilities; or
3. Tennis courts, and
cl &. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water of at least four feet below
mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
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d. Any commercial fishing activities are limited to the landing of catch, mooring and
docking of boats and storage of traps and other fishing equipment, and
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
(5) Amusement Commercial recreation uses including amusement or sea life parks and drive -in
theaters, provided that:
a. The parcel of land has an area of at least two acres,
b. The parcel is separated from aa�-residential district IS, SR, SR -L, SS, UR, URM,
URM -L or established residential uses by at least a class E buffer; and
c. Access to U.S. 1 is by way of
1. An existing curb cut,
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet,
(6) Heliports or seaplane ports, provided that:
a. The heliport is associated with a governmental services facility, a law enforcement
element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation Administration certified landing
facility;
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established residential uses within 500 feet of the parcel proposed for
development, the hours of operation for non - emergency aircraft shall be limited to
daylight; and
e. The use is fenced or otherwise secured from a*�-entry by unauthorized persons; a d
(a -7) New antenna- supporting structures, pursuant to section 146 -5(1),
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Sec. 130 -98. Urban Rfesidential Rdistrict (UR).
(a) The following uses are permitted as of right in the urban residential district:
(1) Detached -e4 " wellings;
(2) Public buildings and uses;
(3) Home occupations— Special use permit required;
(4) Accessory uses;
(5) Vacation rental use if a special vacation rental permit is obtained under the regulations
established in section 134 -1;
(6) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(7) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(9) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the urban residential district.
subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached fesi deatial dwelling units, provided that:
a. Sufficient common areas for recreation are provided to serve the number of dwelling
units proposed to be developed;
b. All entryways are designed and lighted to allow safe and secure access to all structures
from walks and parking areas; and
c. Access to U.S. 1 is by way of
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(2) Institutional uses, provided that access to U.S. 1 is by way of
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a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Institutional residential uses:
(43) Parks and eewmtmity par4s;
(54) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
(63) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
(76) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
(c) The following uses are permitted as major conditional uses in the urban residential district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Marinas, provided that:
a. The parcel provided for development has access to water at least four feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
d. Vessels docked or stored shall not be used for live- aboard purposes; and
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback of ten feet;
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(d) The following lawfully established nonresidential uses in the Uttrban Rresidential land use
district, which were rendered nonconforming by the 2010 Comprehensive Plan, but listed as
permitted uses in the land development regulations that were in effect immediately prior to the
institution of the 2010 Comprehensive Plan (pre -2010 LDRs Section 9 -203 and lawfully
existed on such lands on January 4, 1996, which are damaged or destroyed may be permitted to
be redeveloped, make substantial improvements, or be reestablished as an amendment to a major
conditional use, subject to the standards and procedures set forth in chapter 110, article III=
idea that
(1) Marinas,
(+ . The parcel has continuous access to water of depths of at least four (44) feet below
mean sea level at mean low tide,
(-�. The sale of goods and services is limited to fuel, food, boating, diving, and sport
fishing productse -s,
{*- . All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six Meet in height;
(4)d. Vessels docked or stored shall not be used for live - aboard purposes; and
(-e. The use is limited in intensity, floor area, density and to the type of use that existed
on January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDRs for this district, whichever is
more restrictive.
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Sec. 130 -99. Urban Rr-esidential— Mtitobile Hhome Ddistrict (URM).
(a) The following uses are permitted, as of right in the urban residential — mobile home district:
(1) Mobile homes;
(2) Detached e5ide*6eA- dwellings;
(3) Recreational vehicles in a registered RV park or park trailers commonly known as `park
models' as defined in F.S. 320.01. ;
(4) Home occupations — Special use permit required;
(5) Accessory uses;
(6) Tourist housing uses, including vacation rental uses, are prohibited except in gated
communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
(7) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(9) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following are permitted as minor conditional uses in the urban residential — mobile
home district (URM), subject to the standards and procedures set forth in chapter 110,
article III:
(1) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
(c) The following uses are permitted as major conditional uses in the urban residential — mobile
home district, subject to the standards and procedures set forth in chapter 110, article III:
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(1 -3) Parks and eemmunity par4s and
(d) The following lawfully established nonresidential uses in the ifUrban Rresidential Mobile
1-14ome land use district, which were rendered nonconforming by the 2010 Comprehensive Plan,
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but listed as permitted uses in the land development regulations that were in effect immediately
prior to the institution of the 2010 Comprehensive Plan (pre -2010 LDR's Section 9 -204 and
lawfully existed on such lands on January 4, 1996, which are damaged or destroyed may be
permitted to be redeveloped, make substantial improvements, or be reestablished as an
amendment to a major conditional use, subject to the standards and procedures set forth in
chapter 110, article III:
(1) Marinas, provided that:
a. The parcel has continuous access to water of depths of at least four_ U4 feet below mean
sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving, and sport
fishing productsefs;
c. Vessels docked or stored shall not be used for live - aboard purposes;
d. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six Meet in height; and
e. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDR's for this district, whichever is
more restrictive;
(2) Commercial retail office, or any combination thereof, of low- and medium = intensity -'ff
and of less than 2,500 square feet of floor area,
provided that:
a. The parcel of land on which the commercial retail use is to be located abuts the right -
of -way of U.S. 1, or a dedicated right -of -way to serve as a frontage road for U.S. l;
b. The commercial retail use does not involve the sale of petroleum products;
The commercial retail use does not involve the outside storage or display of goods or
merchandise with the exception that outside sales and display for nurseries may be
permitted with the stipulation that required open space and required bufferyards may
not be used for display and sales;
d. The structure in which the commercial retail use is to be located is separated from the
U.S. 1 right -of -way by a class C bufferyard;
e. The structure in which the commercial retail use is to be located is separated from any
existing residential structure by a class C bufferyard;
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No signage other than one identification sign of no more than four�4,) square feet shall
be placed in any yard or on the wall of the structure in which the commercial retail
use is to be located except for the yard or wall that abuts the right -of -way for U.S. 1;
and
g. The use is limited in intensity, floor area, density and to the type of use that existed on
January 4, 1996, or limited to the permitted uses and/or the provisions for minor or
major conditional uses allowed in the pre -1996 LDR's for this district, whichever is
more restrictive.
Sec. 130 -100. Urban Rfesidential Mmobile Hbome— limited district (URM -L).
(a) The following uses are permitted as of right in the Urban Residential Mobile Home -
Limited U4LM-n, district:
(1) Mobile homes;
(2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park
models' as defined in F.S. 320.01.- Asevid €�iS. eh�
(3) Home occupations — Special use permit required;
(4) Accessory uses;
(5) Tourist housing uses, including vacation rental uses, are prohibited except in gated
communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
(6) Collocations on existing antenna- supporting structures, pursuant to section 146 -5(3);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146 -5(6); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences.
(b) The following uses are permitted as minor conditional uses in the urban Residential mobile
home — limited district ), subject to the standards and procedures set forth in chapter
110, article III:
(1) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
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(2) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146 -5(6).
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Sec. 130 -101 Preservation District (P).
(a) There are no permitted uses, including passive or active recreational activities, in the
Preservation district.
(b) Perimeter fencing is permitted conditioned on minimal clearing to construct the fence, and
only where the fencing abuts developed land and contributes to the protection of the
preservation area.
See. 130 101. Loefkl exemption to allow patrons' dogs in publie food senviee establish ments.
<Moved to 134 -52>
Ptiblie feed sef-viee establishments must apply fer- and r-eeeive a peFmit ffem the eetflity befer-e
pfeN of this seet but s hall r-eq iFe, at a minimum th f 11 ew i f l g i f .-..,
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exits te the designated eutdeeF area the betifid-mr-ife-'s eff-the designated area and of 4he
pfopefty hHes and publie fights of way, ineltiding sidewalks and eemmen pathways; and sueh
ether- infoFmation as is deemed neeessafy by the eettafy. The diagr-afn shall be aeetwate and to
(1) Empleyees wash their- hands pr-emptly after- teuehing, petting, of ether-wise handling afly
deg(s) an mil, ,ll . 1, rl.o:,. 1,.,..d –s 1.,,- ,,.,t ..,-;,.,. other ...,.+s of the pub 1;,. 4•,,,.,a
.,st A l.l:s1 ;R; ,.,t
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...
... ..
Z.
(1) Empleyees wash their- hands pr-emptly after- teuehing, petting, of ether-wise handling afly
deg(s) an mil, ,ll . 1, rl.o:,. 1,.,..d –s 1.,,- ,,.,t ..,-;,.,. other ...,.+s of the pub 1;,. 4•,,,.,a
.,st A l.l:s1 ;R; ,.,t
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I
1 AIM
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Sec. 130 -102. Commercial 1 d:District (Cl).
a) The following uses are permitted as of right in the FCommercial I district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and
medium - _intensity, ° uses OF any eeffibinatien 4her and of less than 2,500
square feet of floor area;
(2) Commercial recreationeA uses limited to:
a. Bowling alley
b. Tennis and racquet ball courts,
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
f. Swimming pools
(3) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
(4) Public buildings and uses;
(5) Accessory uses;
(6) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(8) Replacement of an existing antenna - supporting structure pursuant to section 146 -5(2);
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(9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5);
(10) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6);
(b) The following uses are permitted as minor conditional uses in the eCbmmercial 1 district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and
medium- and of greater than 2,500
but less than 10,000 square feet of floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut,
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail restaurant uses or any combination thereof, of high intensity and of
less than 2,500 square feet in floor area; provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Parks ; affd
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres;
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
(5) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks
and drive -in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres;
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b The parcel proposed for development is separated from any established residential use
by a class C buffervard: and
c All outside lighting is s designed and located so that lijzht does not shine directly on any
established residential use.
(c) The following uses are permitted as major conditional uses in the eCommercial 1 district
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail office, restaurant uses, or any combination thereof, of low- and
medium = intensity, and effiee uses eF my eembiamien she and of greater than 10,000
square feet in floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail restaurant uses or any combination thereof, of high intensity and of
greater than 2,500 square feet in floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet; and
(3) New antenna- supporting structures, pursuant to section 146 -5(1). imd
blue OEM - r
Sec. 130 -103. Commercial 2 dDistrict (C2).
(a) The following uses are permitted as of right in the eCommercial 2 district:
(1) Commercial retail office, restaurant uses, or any combination thereof, of low- and
medium _intensity, and e ffi e uses or. any ee mb-ii-i-Ati - e -i ff the -Feef and of less than 10,000
square feet of floor area;
(2) Commercial retail restaurant uses or any combination thereof, of high intensity and of
less than 5,000 square feet of floor area;
(3) Commercial recreationfA uses, limited to:
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a. Bowling alley
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges,
d. Theaters:
e. Health clubs: and
f. Swimming_ pools
(4) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
(5) Public buildings and uses;
(6) Accessory uses;
(7) Collocations on existing antenna - supporting structures, pursuant to section 146 -5(3);
(8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4);
(9) Replacement of an existing antenna- supporting structure pursuant to section 146 -5(2);
(10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
(11) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
(b) The following uses are permitted as minor conditional uses in the eCommercial 2 district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail office, restaurant uses, or any combination thereof, of low- and
medium intensity, and of greater than 10,000
but less than 45,000 square feet of floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
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(2) Commercial retail restaurant uses or any combination thereof, of high intensity and of
greater than 5,000 but less than 30,000 square feet of floor area, provided that access to
U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. I by at
least 400 feet;
(3) Parks ; ftad
(4) Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of greater than two acres;
b. The parcel proposed for development is separated from any established residential use
by at least a class C bufferyard; and
All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height; and
(5) Commercial recreation uses (indoor and outdoor), excluding amusement or sea life parks
and drive -in theaters, provided that:
a. The parcel of land proposed for development does not exceed five acres;
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard: and
c. All outside lighting is designed and located so that light does not shine directly
established residential use.
(c) The following uses are permitted as major conditional uses in the eCommercial 2 district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail office, restaurant use, or any combination thereof, of low- and
medium - _intensity, a e ffi ee w,binatien th eef and of greater than uses,
45,000 square feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
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c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(2) Commercial retail restaurant uses or any combination thereof, of high intensity and of
greater than 30,000 square feet in floor area, provided that access to U.S. 1 is by way of
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at
least 400 feet;
(3) Commercial recreation uses, includiniz Aamusement or sea life parks and drive -in
theaters, provided that:
a. The parcel of land has an area of at least two acres;
b. The parcel is separated from residential districts IS, SR, SR -L, SS, UR, URM, URM -L
or established residential uses by at least a class E buffer; and
c. Access to U.S. 1 is by way of:
1. An existing curb cut;
2. A signalized intersection; or
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by
at least 400 feet;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water of at least four feet below
mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating, diving and sport fishing
products;
c. All outside storage areas are screened from adjacent uses by a solid fence, wall or
hedge at least six feet in height;
d. Any commercial fishing activities are limited to the landing of catch, mooring and
docking of boats and storage of traps and other fishing equipment; and
e. Each nonwaterside perimeter setback of the parcel proposed for development must
have a class C bufferyard within a side yard setback often feet;
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(5) Heliports or seaplane ports, provided that:
a. The heliport is associated with a governmental services facility, a law enforcement
element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation Administration certified landing
facility;
c. The landing and departure approaches do not pass over established residential uses or
known bird rookeries;
d. If there are established residential uses within 500 feet of the parcel proposed for
development, the hours of operation for non - emergency aircraft shall be limited to
daylight; and
e. The use is fenced or otherwise secured from awy -entry by unauthorized persons; and
(6) New antenna - supporting structures, pursuant to section 146 -5(1),
Secs. 130- 104 -130 -119. Reserved.
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ARTICLE IV. OVERLAY DISTRICTS
Sec. 130 -120. Agricultural/aquacultural use overlay (A).
The Ajzricultural/Aauacultural Use zonin overlay district provides classifications of property for
existing or future agricultural/ aquacultural uses. A identified in
th M flee G ett ty y f 2010 r,..... e i.,..... iye Pla agr- i e tiltufe (A) a nd a64a Pro e
identified on the Monroe County Future Land Use Map with a designation of "A" may have be
e•^�r HOW - eF -e*kiia -land use district as its designated zoning category The use
within the overlay district shall be subject to all land development regulations of the underlying
zoning district with the exception of those regulations controlling density and intensity. The use
within the overlay district shall be developed with the following density and intensity
regulations:
Residential
Nonresidential
Allocated Density
Maximum Net Density
Maximum Intensity
(Per Upland Acre)
(Per Buildable Acre)
(Floor Area Ratio)
0 du
N/A
0.25
0 rooms /spaces
N/A
Sec. 130 -121. Military airports overlay (MA) .
Theis Military Airports zoning g verlU district provides classifications of property for existing or
future military airports and regulates uses around, adjacent to, and in the approach zones of
military airports in order to_
1✓establish the control of obstructions and construction of structures affecting navigable airspace
in accordance with criteria delineated in volume XI, part 77 in Federal Aviation Regulations,
Florida Department of Transportation regulations, and this seetiee
Sec. 130 -122. Coastal barrier resources system overlay district C( BRS1
(a) Federal purpose. The purpose of the federal Coastal Barrier Resources Act (CBRA) is to
discourage further development in certain undeveloped portions of coastal barriers and remove
the federal incentive to develop these areas. The federal law limits new federal expenditures and
financial assistance, including flood insurance. These federal public expenditure limitations have
the effect of discouraging development in areas the U.S. Department of the Interior designates as
coastal barriers within the Coastal Barrier Resources System (CBRS). The CBRS protects
coastal areas that serve as barriers against wind and tidal forces caused by coastal storms, and
serve as habitat for aquatic species.
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(b) County purpose. The county includes the federal CBRS system units, excluding OPAs,
located within unincorporated Monroe County, except for the improved port property along the
safe harbor entrance channel within system unit FL -57, as an overlay district. The purpose of the
County's c-Coastal 4Barrier (Resources system overlay district is to implement the policies of
the eComprehensive pPn by discouraging the extension and expansion of specific types of
public facilities, including potable water, and/or electric services and/or telephone services to
undeveloped lands designated as a system unit of the CBRS.
(c) Application. The eCoastal 4Barrier (Resources system overlay district shall be overlaid on
all areas, except for the improved port property along the safe harbor entrance channel within
system unit FL -57, within federally designated boundaries of a CBRS system unit on current
(February 18, 2005) flood insurance rate maps approved by the Federal Emergency Management
Agency, which are hereby adopted by reference and declared part of this chapter.
Within this overlay district, the transmission and/or collection lines of the following types of
public facilities, including potable water, and/or electric services and/or telephone services shall
be discouraged from extension or expansion to undeveloped CBRS units potable water,
electricity, and telephone. The maintenance, restoration, replacement and upgrading of existing
public facilities, including potable water, and/or electric services and/or telephone services is not
discouraged. The County may allow extension or expansion of these facilities and services if
consistent with Comprehensive Plan Policy 101.12.24. This discouragement shall not apply to
wastewater nutrient reduction cluster systems or central wastewater treatment collection systems,
water distribution and sewer collection lines, pump /vacuum/lift stations, cluster systems, or small
package plants /treatment facilities, which are encouraged.
For vacant property within the CBRS overlay district, it is presumed that non -CBRS lands are
available for development and that development within CBRS system units can be avoided. This
presumption may be rebutted only if the owner(s) of the vacant CBRS property obtains approval
through the county's ROGO/NROGO /Tier system.
(d) County public improvements. Except for wastewater systems,_within undeveloped areas of
the CBRS overlay district, County public tax dollars and/or county financial assistance should
not be used for new public facilities, including potable water, and/or electric services and/or
telephone services, unless an analysis is conducted pursuant to Policy 101.12.42, and: 216.4.2
(1) Based on the analysis, the BOCC makes a specific finding that such new improvements
are to protect the public health, safety and welfare, no reasonable alternatives exist to the
proposed location, and the proposed location is approved by a supermajority of the
BOCC; and/or
(2) Such new improvements and/or financial assistance are consistent with the federal
exceptions pursuant to section 6 of the CBRA.
Sec. 130 -123. Educational use overlay (E).
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The Educational Use zoning overlay district provides classifications of Property r public
educational facilities.
C-Offiffebensive Affin- as P-due-Ati-e-n- (9) and 4w identified on the Monroe County Future Land
Use Map with a designation of "E" may have be evefflaid- A - 0 --any Hem 8F eXisti gland use district
as its designated zoning category The use within the overlay district shall be subject to all land
development regulations of the underlying zoning district with the exception of those regulations
controlling density and intensity. The use within the overlay district shall be developed with the
following density and intensity regulations:
Residential Nonresidential
Allocated Density Maximum Net Density Maximum Intensity
(Per Upland Acre) (Per Buildable Acre) (Floor Area Ratio)
0 du N/A
0.30
0 rooms /spaces N/A
Sec. 130 -124. Correctional Facility overlay (CF).
The purpose of the Correctional Facility zoning overlay district is to identify compatible areas
for the development of facilities for detention, confinement, treatment or rehabilitation of
persons arrested or convicted for the violation of civil or criminal law. Maximum permitted
densities and intensities shall be in accordance with the underlying land use (zoning) district.
See. 130 124.14eme peeial use . <moved to 134 -2>
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Sec. 130 -125. Institutional use overlay (INS).
The Institutional Use zoning overlay verlay district provides classifications of property for institutional
uses by federally tax - exempt, non - profit facilities, including, but not limited to, educational,
scientific, religious, social service, cultural, and recreational organizations. _Aay—&wEEgpegy
identified in the Menfee Gettaty YeaF 2010 Gempr-eheasive Plan as institutional (-8) and
maker- identified on the Monroe County Future Land Use Map with a designation of "INS" may
have b ever-laid -oi -any new -or- -e*istiffg-land use district as its designated zoning category The
use within the overlay district shall be subject to all land development regulations of the
underlying zoning district with the exception of those regulations controlling density and
intensity. The use within the overlay district shall be developed with the following density and
intensity regulations:
Residential
Allocated Density
(Per Upland Acre)
Nonresidential
Maximum Net Density Maximum Intensity
(Per Buildable Acre) (Floor Area Ratio)
0 du I N/A
3 -15 rooms /spaces 6-24 rooms /spaces
Sec. 130 -126. Public b1luildings / use overlay (PB).
0.30
The Public Buildings /Lands Use zoning overlav district p rovides classifications of yroyerty for
Dublic buildings and grounds owned by federal, state and loc governments which serve the
population of the County. rase Property identified in the Monroe County Year 'moo
Comprehensive Plan as Public Buildings /6fetmLands (PB) and identified on the Monroe
County Future Land Use Map with a designation of "PB" may have b r.
any Hew e
eland use district as its designated zoning category The use within the overlay district
shall be subject to all land development regulations of the underlying zoning district with the
exception of those regulations controlling density and intensity. The use within the overlay
district shall be developed with the following density and intensity regulations:
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Residential
Nonresidential
Allocated Density
(Per Upland Acre)
0 du
0 rooms /spaces
N/A
N/A
Sec. 130 -127. Public €Facilities use overlay (PF).
Maximum Intensity
(Floor Area Ratio)
0.30
The Public Facilities Use zoning overlay verlay district provides classifications of property owned by
public and private utilities and service providers. Atw useProperty identified in the Monroe
County 3 4PAr. 2010 - Comprehensive Plan as Public Facilities (PF) and €H4heridentified on the
Monroe County Future Land Use Map with a designation of "PF" may have be- ever-leid @I+ -any
new or- e*istiagland use district as its designated zoning category The use within the overlay
district shall be subject to all land development regulations of the underlying zoning district with
the exception of those regulations controlling density and intensity. The use within the overlay
district shall be developed with the following density and intensity regulations:
Residential
Nonresidential
Allocated Density Maximum Net Density Maximum Intensity
(Per Upland Acre) (Per Buildable Acre) (Floor Area Ratio)
0 du I N/A
0.30
0 rooms /spaces N/A
Sec. 130 -128. Tavernier Creek to Mile Marker 97 ti.S. Highway 1 corridor district overlay
(TC).
(a) Purpose. The purpose of the Tavernier Creek to Mile Marker 97 U.S. Highway 1 corridor
district overlay is to implement the policies of the Ceomprehensive Iplan and Tavernier Creek to
Mile Marker 97 Livable CommuniKeys Master Plan by protection of existing resources and
enhancement of future development.
(b) Application. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development
Standards and Guidelines are hereby adopted by reference and declared a part of this chapter.
Within the overlay district, as designated on the Tavernier Creek to Mile Marker 97 U.S.
Highway 1 District Overlay Map, uses permitted as of right and uses requiring a minor or major
conditional use permit shall be reviewed based upon the Tavernier Creek to Mile Marker 97 U.S.
Highway 1 Corridor Development Standards and Guidelines and approved if found in
compliance with these standards and guidelines.
Maximum Net Density
(Per Buildable Acre)
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(c) Amendment. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development
Standards and Guidelines may be amended by resolution of the be
BOCC upon recommendation of the pl lanning eCommission and the director of
planning.
Sec. 130 -129. Tavernier historic district overlay (TH)
(a) Purpose. The purpose of the Tavernier historic district overlay is to implement the policies of
the Ceomprehensive Pplan and Tavernier Creek to Mile Marker 97 Livable CommuniKeys
Master Plan to protect the historic resources of the community and to encourage development
that is sensitive and compatible with the historic character of the Tavernier historic district as
identified through the Tavernier Creek to Mile Marker 97 Livable CommuniKeys Master Plan.
(b) Application. The Tavernier Historic District Preservation Guidelines are hereby adopted by
reference and declared part of this chapter. Within the overlay district, the county historic
preservation commission shall review new development, remodeling or redevelopment of uses
permitted as of right and uses requiring a minor or major conditional use permit, based on the
Tavernier Historic District Preservation Guidelines.
(c) Amendment. The Tavernier Historic District Preservation Guidelines may be amended by
resolution of the beefd ef ee sieneFsBOCC upon recommendation of the pl lanning
cCommission and the i4inPlannin Director
Sec. 130 -130. Tier overlay district.
(a) Purpose. The purpose of the tier overlay district is to designate geographical areas outside of
the mainland of the county, excluding the Ocean Reef planned development, into tiers to assign
ROGO and NROGO points, determine the amount of clearing of upland native vegetation that
may be permitted, and prioritize lands for public acquisition. The tier boundaries are to be
depicted on the tier overlay district map. Lands on Big Pine Key and No Name Key shall be
delineated as tier I, II, or III. Lands in the remainder of the unincorporated county, excluding the
Ocean Reef planned development, shall be delineated as tier 1, III, and III -A (special protection
area).
(b) Tier boundaries. Tier boundaries shall follow property lines wherever possible, except where
a parcel line or distinct geographical feature, such as a canal or roadway, may be more
appropriate.
(c) Tier boundary criteria, excluding Big Pine Key and No Name Key. The tier boundaries are
designated using aerial photography, data from the Florida Keys Carrying Capacity Study, the
endangered species maps, property and permitting information and field evaluation. The
following criteria, at a minimum, are used to evaluate upland habitats and designate boundaries
between different tier overlays:
(1) Tier I boundaries shall be delineated to include one or more of the following criteria and
shall be designated tier I:
130 -139 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensi� c Plain Update
a. Vacant lands which can be restored to connect upland native habitat patches and
reduce further fragmentation of upland native habitat.
b. Lands required to provide an undeveloped buffer, up to 500 feet in depth, if indicated
as appropriate by special species studies, between natural areas and development to
reduce secondary impacts. Canals or roadways, depending on width, may form a
boundary that removes the need for the buffer or reduces its depth.
c. Lands designated for acquisition by public agencies for conservation and natural
resource protection.
d. Known locations of threatened and endangered species, as defined in section 101 -1,
identified on the threatened and endangered plant and animal maps or the Florida
Keys Carrying Capacity Study maps, or identified in on -site surveys.
e. Conservation, native area, sparsely settled, and offshore island land use districts.
f. Areas with minimal existing development and infrastructure.
(2) Lands located outside of Big Pine Key and No Name Key that are not designated tier
shall be designated tier III.
a. The following conditions shall constitute a break in pinelands or tropical hardwood
hammock for calculating the one -acre minimum patch size for designation of tier III -
A boundaries:
1. U.S. Highway 1, canals and open water;
2. Any disturbed pinelands or tropical hardwood hammock with invasive coverage of
40 percent or more;
3. Property lines of developed lots or vacant lots with a ROGO allocation award or an
issued building permit, as of September 28, 2005, located within a Land Use
District that allows only one unit per lot; or
4. Property lines of developed parcels of less than 10,000 square feet in area with a
ROGO /fNROGO allocation award or issued building permit, as of September 28,
2005, located within a Land Use District that allows residential development of
more than one dwelling unit per parcel/lot or non - residential development.
b. Lots designated tier III -A (Special Protection Areas) on the November 29, 2005 maps
may petition the county for a rezoning to tier III if the lot meets one of the following
criteria:
130 -140 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
1. The lot will be served by a central sewer and the wastewater collection system has
an approved permit that was effective March 21, 2006 to construct the system on
file from the Department of Environmental Protection; or
Such lots may be granted a score of 30 points through an administrative
determination made by the county biologist, the Ddirector of Ggrowth
Mmanagement and rendered to the State Land Planning Agency depat4meaf 8'f
until such time as the county sponsors a zoning map change to
update the Tier Three Overlay Zoning Map and it is approved by the department
of community affairs.
c. Any hammock identified in the county's data base and aerial surveys as 1.00 to 1.09
acres in area shall be verified by survey prior to its designation as tier III -A. A
hammock that is deemed by survey and a field review by county biologists to fail the
minimum size criteria shall have the Special Protection Area designation removed
from the subject parcel.
(d) Big Pine Key and No Name Key tier boundary criteria. The tier boundaries shall be
designated using the Big Pine Key and No Name Key Habitat Conservation Plan (2005)
and the adopted community master plan for Big Pine Key and No Name Key.
(e) Tier overlay district map amendments. The tier overlay district map may be amended to
reflect existing conditions in an area if warranted because of drafting or data errors or
regrowth of hammock. However, the clearing of tropical hardwood hammock or
pinelands that results in the reduction of the area of an upland native habitat patch to less
than the one -acre minimum shall not constitute sufficient grounds for amending the
designation of a tier III -A area to tier III. The tier overlay district map amendments shall
be made pursuant to the procedures for map amendments to this chapter. Unlawful
conditions shall not be recognized when determining existing conditions and regulatory
requirements.
(f) Request for tier I designation. Notwithstanding the provisions of section 102- 158(d)(2), an
applicant may submit an application to the Planning and Environmental
Resources D department containing substantial and competent documentation that an area
meets the tier I criteria. Applications must be received by July 1 of each year on a form
approved by the Planning D director e€—plaming for consideration by the special
magistrate at a public hearing advertised at least 15 days prior to the hearing date. Said
hearing by the special magistrate shall be held prior to November 1 of each year. The
Planning D director e fplefining will review the documentation and any other appropriate
scientific information and prepare an analysis report for the special magistrate. The
special magistrate will render a written opinion to the $Planning ecommission and bead
BOCC either that the application meets the criteria for
designating the lands as tier I or that the documentation is insufficient to warrant a map
amendment. The posting, advertising and review will follow the procedures in section
102- 158(d)(3), (d)(4) and (d)(5).
130 -141 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 130 -131. Rockland Key Commercial Retail Center Overlay District.
(a) Purpose and intent. The purposes of the Rockland Key Commercial Retail Center Overlay
District is to implement applicable goals, objectives, and policies of the Ceomprehensive P Ian
and to allow larger -scale commercial retail development in a non - environmentally sensitive area
of the Lower Keys that primarily serves the needs of permanent residents of the Lower Keys.
The intent is to protect and maintain the character of the residential areas in the Lower Keys by
allowing larger -scale commercial retail development within the overlay district, a scarified area
that has historically been developed with nonresidential uses.
(b) Boundary. The Rockland Key Commercial Retail Center Overlay District shall be shown as
an overlay district on the Official Land Use District Map.
(c) Environmental protections. Prior to the construction of any commercial retail development
within the overlay district, in addition to the protections afforded in the comprehensive plan and
this Land Development Code, all mangrove wetlands and associated transitional/upland buffer
areas will be restored and preserved in accordance with established permit conditions. On -site
wetland preservation and enhancement will include the following:
(1) Identified mangrove wetlands and associated transitional/upland buffer areas located on
the property will be placed under a perpetual conservation easement to be recorded in the
Public Records of Monroe County. The conservation areas within the conservation
easement may in no way be altered from their permitted state (excluding restoration
activities). Activities prohibited within the conservation areas include, but are not limited
to:
a_(tConstruction or placing of buildings, roads, signs, and/or other similar
infrastructure on or above the ground;
)- Dumping or placing soil or material as landfill or dumping or placing of trash,
waste, or unsightly or offensive materials;
c_k+Removal or destruction of trees, shrubs, or other vegetation, excluding vegetation
classified as invasive exotic;
d_(d)--Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other
material substances in such manner as to affect the surface;
e_(e)-Surface use except for purposes that permit the land or water area to remain
predominantly in its natural condition;
L__(4)--Activities or development detrimental to drainage, flood control, water
conservation, erosion control, soil conservation, or fish and wildlife habitat
preservation, including but not limited to ditching, diking or fencing;
g_{g}Activities or development detrimental to such retention of land or water areas;
h — (h?- Activities or development detrimental to the preservation of the structural
integrity or physical appearance of sites or properties of historical, architectural,
archaeological, or cultural significance; and
i_(+Any land use not related to preserving the natural state of the conservation area.
130 -142 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(2) A wetland restoration and preservation component that involves removal of fill material
from wetlands, planting of the transitional buffer area with 100 percent native vegetation,
removal of all invasive exotic vegetation, and fencing and signage at the limits of the
conservation easement will be implemented in conformance with South Florida Water
Management District ( "SFWMD ") permit requirements.
(3) A fully - compliant SFWMD- approved stormwater management system that prevents
adverse impacts to the on -site wetland restoration and preservation/conservation area
shall be implemented as part of any re- development process.
(d) Within the boundaries of the overlay district, the permitted uses in subsection (1) shall be
enforced, in lieu of section 130 -82, industrial district, and the maximum nonresidential land use
intensities in subsection (2) shall be enforced, in lieu of section 130 -164, maximum
nonresidential land use intensities and district open space.
(1) Permitted uses. Rockland Key Commercial Retail Center Overlay District Permitted Uses
a. The following uses are permitted as of right in the overlay district:
(1) Restaurants of 5,000 square feet or less of floor area;
(2) Office uses of 5,000 square feet or less of floor area;
(3) Commercial fishing;
(4) Institutional uses;
(5) Light industrial uses;
(6) Public buildings and uses;
(7) Accessory uses;
(8) Replacement of an existing antenna- supporting structure pursuant to section 146-
5 ( 2 );
(9) Collocations on existing antenna - supporting structures, pursuant to section 146-
5(3);
(10) Attached wireless communications facilities, as accessory uses, pursuant to
section 146 -5(4);
(11) Stealth wireless communications facilities, as accessory uses, pursuant to section
146 -5(5); and
(12) Satellite earth stations, as accessory uses, pursuant to section 146 -5(6).
b. The following uses are permitted as minor conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
(1) Commercial retail uses of 10,000 square feet or less;
(2) Restaurants of 5,001 to 20,000 square feet of floor area;
(3) Office uses of 5,001 to 20,000 square feet of floor area; and
(4) New antenna- supporting structures, pursuant to section 146 -5(1).
c. The following uses are permitted as major conditional uses in the overlay district,
subject to the standards and procedures set forth in chapter 110, article III:
130 -143 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(1) Commercial retail uses of 10,001 square feet or greater.
As set forth in section 130 -82, heavy industrial uses and commercial apartments
are permitted uses in the industrial district. However, these uses are not permitted
within the boundary of the overlay district. All existing, lawfully established
heavy industrial uses and commercial apartments within the boundary of the
overlay district shall be considered nonconforming uses upon adoption of the
boundary and may continue in accordance with section 102 -56. However,
superseding any regulations set forth in section 102 -56 to the contrary, upon
issuance of a building permit for commercial retail use on a parcel, any heavy
industrial use or commercial apartment on that parcel shall be terminated.
(2) Maximum nonresidential land use intensities and district open space. For the
purposes of this overlay district, uses with corresponding density/ intensity
thresholds shall be cumulative and utilize the floor area ratios as follows:
Rockland Key Commercial Retail Center Overlay District Maximum
Nonresidential Land Use Intensities and District Open Space
Land Use
Light Industrial
Public
Maximum Floor Area
Ratio
O.S.R.
0.40
0.20
0.40
0.20
Office
0.40
0.20
Institutional
0.40
0.20
Commercial Retail
Low Intensity
0.45
0.20
Medium Intensity
0.40
0.20
High Intensity
0.35
0.20
Commercial Fishing
0.40
0.20
130 -144 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(3) Maximum floor area adjacent to U.S. 1. No building or structure shall exceed a
maximum floor area of 50,000 square feet within 600 feet of the edge of the U.S.
1 right -of -way.
(4) Maximum floor area.
a. An individual building may contain up to 175,000 square feet of floor area
only if the design of the building complies with the following design
requirements:
Building facades. Facades equal to or greater than 100 feet in length,
measured horizontally, shall incorporate wall plane projections or
recesses having a depth of at least three percent of the length of the
facade and extending at least 20 percent of the length of the facade. No
uninterrupted length of any facade shall exceed 40 horizontal feet.
ii. Roofs. All buildings, regardless of size, shall incorporate at least two of
the following roof - related architectural features:
Overhanging eaves, extending no less than three feet past the
supporting walls.
2. Sloping roofs with an average slope greater than or equal to one foot
of vertical rise for every three feet of horizontal run and less than
or equal to one foot of vertical rise for every one foot of horizontal
run.
3. Three or more roof slope planes.
4. A specific architectural element proposed by the applicant's
architect that is acceptable to the planning director.
For any building with a flat roof and/or any building on which rooftop
equipment is installed, parapets shall be incorporated to conceal the flat
roof and rooftop equipment, such as HVAC units, from public view.
The average height of such parapets shall not exceed 15 percent of the
height of the supporting wall and such parapets shall not at any point
exceed one -third of the height of the supporting wall. Such parapets
shall feature three- dimensional cornice treatment.
iii. Material and /or color variation. A front building facade, regardless of
the building's size, shall include at least two material types and at least
two colors.
130 -145 Keith and Schnars, P.A.
Land Development Code: March 2016
,Nlom•oe County Comprehensive Plan Update
iv. Design consistency. Compatible and consistent design, materials and
colors shall be utilized for all new structures within the overlay district
in order to make the development as a whole more cohesive.
b. No individual tenant space shall exceed 140,000 square feet.
c. The cumulative total of all commercial floor area within the overlay district
shall not exceed a maximum floor area of 335,000 square feet.
(5) Required public improvements. Prior to submittal of any development application
involving commercial retail use, the developer shall enter into a development
agreement with the beafd ef eett ioneFsBOCC in accordance with the
procedures set forth in section 110 -33. The development agreement shall be
contingent on:
a. The developer dedicating to the county (or the developer dedicating to the
county for long term leasing for $1.00 per year) and constructing a public
facility, consisting of a minimum amount of 5,000 square feet of total
floor area, which includes the following features:
i. A 200 -seat capacity community meeting room; and
ii. Restroom and kitchen facilities; and
iii. 1,000 square feet of area for neighborhood- oriented services that will
be made available by the County to users (i.e. hobby rooms or
computer rooms).
The public facility may be utilized for meetings of non - profit, for - profit,
county, or community organizations, as well as other governmental and
public entities, on a first -come first serve basis. Operational fees for the
facility may be charged by the County. This facility must obtain a
certificate of occupancy prior to, or concurrent with, issuance of a
certificate of occupancy for a building to be utilized by any commercial
retail use.
b. The developer constructing and making available for lease 10,000 sq. ft. of
commercial retail floor area consisting of no fewer than four separate
commercial units, each no larger than 2,500 sq. ft. for neighborhood -
oriented retail and service uses such as, but not limited to
animal/veterinary clinics, fitness centers, hair salons/barber shops, mail
and shipping services, medical offices, professional services, or similar
neighborhood- oriented uses deemed acceptable by the planning director
on a first come basis.
130 -146 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
The developer providing bicycle /pedestrian paths connecting the
development to the county trail system along the US 1 corridor and a
multi -modal transit stop for mass transit, which shall include designated
areas for bicycle, scooter and motorcycle parking and an electric car
charging system to limit vehicle trips. The mass transit stop shall include a
covered and secure area for passengers waiting for transportation.
d. The developer funding at least one City of Key West bus purchase for use
on the Key West - Marathon route to provide better, more frequent public
transit to alleviate traffic on U.S. 1 caused by commercial development.
(6) Traffic impact statement. Prior to any development approval including a minor or
major conditional use, a traffic impact statement shall be required regardless of
traffic generated by development.
(7) Required U.S. 1 improvements. Notwithstanding other provisions of the Land
Development Code, if, during the conditional use permit approval process and
after the traffic impact statement is complete, based on FDOT standards,
improvements to U.S. 1 are warranted, the developer is responsible for the
funding of designing, permitting, installing and constructing the required
improvements related to the proposed development prior to the issuance of a
building permit or prior to a certificate of occupancy if the applicant enters into a
development agreement with the County which regulates the timing of the
improvements to U.S. 1.
(8) Sound attenuation. Habitable structures, permitted under this overlay district, shall
meet noise reduction levels for high noise zones. Measures to achieve a noise
reduction level of 30dB must be incorporated into design and construction of the
habitable structures. This shall be the minimum sound attenuation standard. The
community meeting facility required in subsection (d)(5) shall not be constructed
in the most current 75 DNL area.
(9) Areas designated native area (NA). The permitted uses provided in subsection
(d)(1) shall not be permitted in any area designated as native area (NA) on the
land use district map.
(10) Affordable housing. Prior to submittal of any development application involving
commercial retail use the developer shall enter into a development agreement
with the BOCC in accordance with the procedures
set forth in section 110 -33. The development agreement shall be contingent on a
mutually agreeable affordable housing requirement.
(11) Boundary buffers. Prior to the issuance of a commercial retail use of greater than
10,000 square feet within the overlay district, the applicant shall install a class
"D" bufferyard along the boundary of the overlay district adjacent to US 1 and
130 -147 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Count-, Comprehensive Plan Update
class "C" bufferyards along all other non - shoreline boundaries of the overlay
district.
(12) Hurricane preparedness. To further the goals of Monroe County to be prepared
for hurricanes and to assist in the clean up afterwards, parking facilities in the
overlay district shall be made available for use by Monroe County for the storage
of official vehicles in advance of major storm events, if Monroe County deems
such use necessary and is regulated by development agreement.
Sec. 130 -132. Kev Largo Tradewinds Community - Center Overlay (TCO,
() Purpose. The purpose of the Tradewinds Community Center zoning overlay district is to
identify a defined geographic development focal area according to the adopted Key Largo
Livable CommuniKevs Master Plan. The purpose of the Tradewinds Community Center is to
retain and expand the mix of retail, public parks and affordable housing uses prevalent in this
area for the encouragement of commerce, employment and recreational opportunities available at
maximum convenience to the public.
(b) Application. The maximum permitted densities and intensities shall be in accordance with the
underlying land use zoning district. The use within the overlay district shall be subject to all land
development regulations of the underlying zoning district, with the exception of following_
(1) Commercial retail high intensity uses that generate more than one hundred and fifty
(150) trips per one thousand square feet of floor area shall be permitted.
(2) Outdoor storage and outdoor retail sales as a principal use shall be permitted.
Sec. 130 -133. Key Largo Downtown Community Center Overlay (DTCC).
(a) Purpose. The purpose of this district is to identify a defined geographic development focal
area according to the adopted Key Largo Livable CommuniKeys Master Plan. The purpose of
the Downtown Key Largo Community Center is to retain and expand the mix of retail, tourist
and public park uses prevalent in this area to encourage commerce, employment and recreational
opportunities at maximum convenience to the public.
(b) Application. The maximum permitted densities and intensities shall be in accordance with the
underlying land use zoning district. The use within the overlay district shall be subject to all land
development regulations of the underlying zoning oning district, with the exception of following:
(1) Outdoor storage and outdoor retail sales as a principal use shall not be permitted.
(2) Commercial retail high intensity uses that generate more than one hundred and fifty
(150) trips per one thousand square feet of floor area shall not be allowed.
130 -148 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 130 -134. Key Largo Welcome Center Communitv Center Overlav (N1 CCC).
(a) Purpose The purpose of this district is to identify a defined geographic development focal
area according to the adopted Key Largo Livable CommuniKeys Master Plan.
(b) Application The maximum permitted densities and intensities shall be in accordance with the
underlying land use zoning district. The use within the overlay district shall be subiect to all
land development regulations of the underlying zoning district, with the exception of
following:
(1) Commercial retail high intensity uses that generate more than one hundred and fifty
(150) trips per one thousand square feet of floor area shall not be allowed.
(2) Outdoor storage and outdoor retail sales as a principal use shall not be allowed.
Sec. 130 -135. Big Pine Kev Commercial Community Center overlay (BPCCC).
(a) P=ose The purpose of this district is to identify a defined Reg hic development focal
area according to the adopted Master Plan for Future Development of Big Pine Key and No
Name Key. The overlay shall encourage the concentration of new nonresidential floor area
and be located at the intersection of U.S. 1 and Key Deer Boulevard, Wilder Road and
Chapman Street.
(b) Application. The maximum permitted densities shall be in accordance with the underlying
land use zoning district. The use within the overlay district shall be subject to all land
development regulations of the underlying zoning district. The following regulations apply
within this overlay:
(1) Small individual buildings of 2,500 square feet of floor area or less fronting both U.S. 1
and Key Deer Boulevard are encouraged, with commercial uses on the lower floor and
employee housing on the upper floor.
(2) The maximum FAR. for nonresidential uses shall a be 0.40.
(3) Parking lots in front of nonresidential uses are discouraged, although on- street parking
may occur where appropriate.
(4) Building front setbacks are reduced with the maiority of the building facade on the
required building line.
ine.
(5) Arcades colonnades open porches, canopies, awnings, balconies may be permitted to
encroach on the frontage.
(6) NROGO allocation awards of floor area exceeding 2,500 square feet per site are
permitted within the overlay.
130 -149 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(7) The transfer of nonresidential floor area from within the Bit Pine and No Name Key
subarea to the overlay is encouraged.
Sec. 130-136. Reserved for the Lower Sugarloaf Community Center overlay (LSCO.
Sec. 130 -137. Reserved for the Cudioe Community Center overlay (CCO.
,Sec. 130-138. Reserved for the Vunnnerland Community Center overlay (SCO.
Sec. 130-139. Reserved for the Ramrod Communit) Center overlay (RCO.
184N'
Sees. 130-1403-2---130-155. Reserved.
130-150 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
ARTICLE V. LAND USE INTENSITIES
Sec. 130 -156. Standards.
(a) No structure or land in the county shall hereafter be developed, used or occupied at an
intensity or density greater than the standards set out in this article. No density shall be allocated
for any land designated as mangroves on the existing conditions map.
(b) The density and intensity provisions set out in this section are intended to be applied
cumulatively so that no development shall exceed the total density limits of this article. For
example, if a development includes both residential and commercial development, the total gross
amount of development shall not exceed the cumulated permitted intensity of the parcel
proposed for development. If a proposed development is for a combination of nonresidential
uses, the acreage required for each use shall be determined independently based on the floor area
ratio in section 130 -164 for each individual use such that no acreage shall be dedicated for more
than one use. <Moved from 130 -165> .
Sec. 130 -157. Maximum permanent residential density and dirt; -icet minimum required
open space.
The maximum permanent residential density for those uses permitted by this chapter and
minimum required o pen space shall be in accordance with the following table:
r ,,-a r 4 r p n;..,U;oo
Ur-ban a al
Urban - ..:,1 en ti., l
.Wamimum
ewio
epee
&.4
4-2-0
04
6:0
44.4
04
64
2"
4.4
(Empleyee h )
6$
A
04
T40t
130 -151 Keith and Schnars, P.A.
Land Development Code: March 2016
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Monroe County Comprehensive Plan Update
Suburban Residential
(Limited) (SR -L)
00_5
3_0
0.50
Sear FP#lpd
9-S
N 4A
440
Urban Commercial (UC)
6_0
12.O
0.20
Urban Residential MR)
6_0
TDRs: 12.0
Affordable: 25.0
0.20
Urban Residential -- Mobile
I i lot
N/A
0.20
Home (URM):
Mobile Hod per
5.0
—
—
0.20 1
Section 101 -1
Urban Residential Mobile
1 /lot
N/A
0.20
Home - Limited (URM -L)
G,.,...,..esNa:.,t 21 iG-21
!
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the maximum net density bonuses shall not be available.
(b) Vessels, including live- aboard vessels or associated wet slips, are not considered dwelling
units and do not count when calculating ay_
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for
qualifying affordable housing development. TDRs can be utilized to attain the density between
the allocated density standard up to the maximum net density standard. Deed restricted
affordable dwelling units may be built up to the maximum net density without the use of TDRs.
"N /A" means that maximum net density bonuses shall not be available. Buildable acres means
the portion of a parcel of land that is developable and is not required open space.
(d) Additional open space requirements may apply based on environmental protection criteria -
Ssee additional open space ratios in — apter 118_ In accordance with section 101-2(l), the
most restrictive of these ratios applies.
(e) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum
net density bonuses shall not be available.
(f) Per Section 130- 79(12)e., the allocated density for the CFSD -20 land use district (Little
Torch Key) shall be 1 dwelling unit per acre, or I dwelling unit per parcel for those parcels
existing as of September 15. 1986, whichever is less and the maximum net density bonuses shall
130 -154 Keith and Schnars, P.A.
Land Deg clopment Code: March 2016
Monroe County Comprehensive Plan Update
not be available. Residential density shall be allowed in addition to the permitted nonresidential
uses and intensity (i.e., density and intensity shall not be counted cumulatively).* *T he allee a
and maximum net densities listed in this table de fiet apply te GFSD 20 (LiWe TeFeh�.�
seetion 130 79(14)e. fbF residential densities.
> pinelands, and distufbed wetlands that are withi"
> NW, UG, 9G, CFV,
(2) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use category. Working waterfront and water dependent uses, such as
marina fish house /market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,
pursuant to Policy 101.5.6 of the Comprehensive Plan.
(h) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential
uses. For campground and nonresidential uses within the MN zoning district, the minimum open
space ratio is 0.95, as shown in the density and intensity tables in Sections 130 -162 and 130 -164.
6) Per Section 130- 92(a)(4), in the RV zoning district, commercial apartments shall be the only
permanent residential use allowed not to exceed 10% of total RV spaces allowed or in existence
Sec. 130 -158. Reserved
Sec. 130 -159. Reserved
130 -155 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 130 -160. Transferable development rights (TDRs).
(a) General and criteria. The Maximum Net Density is the maximum density allowable with the
use of TDRs_ and shall not exceed the maximum densities established in the Comprehensive
Plan. TDRs may be utilized to attain the density between the allocated density standard ui) to
the maximum net density standard. All residential development rights allocated or
established in sections 130 -157 and 130 -162 (allocated density for permanent residential
dwelling units or transient units) are transferable from one parcel of land to another parcel of
land, provided that the sender and receiver sites meet all of the following criteria:
(1) A sender site is the land area from which the development right(s) to be transferred is
derived. In the event an applicant intends to only use part of a greater property for a
transferable development right application, the additional land area not required to amass
the transferable development right(s) shall not be considered part of the sender site and
not subject to conservation as required in subsection (8). As part of the application
required in subsection (b)(2), the applicant shall provide a boundary survey and legal
description that identify the boundaries of the sender site within the greater property.
A sender site shall meet the following criteria: be ; .:thin- eme of the c 118w:.,,. Wid
types in subseetien b.-
f!i31.�i_ R4�!!: �!!�l�ll.�!!:!!���7!f�!!!�!!}S. ! .!! �!!! �!:!!�1�!/:•i!�!REf!!!!!i!'NPl.
a. Located in a Tier I, IIWIII -A = designated area, including of any tier dg2jg!l n
within the County's Military Installation Area of Impact (MIAI) Overlay.
(2) The maximum net densities set forth in sections 130 -157 and 130 -162 shall not be
exceeded and new development on a receiver site shall be developed in compliance with
each and every requirement of this Land Development Code.
(3) The maximum net densities set forth for the applicable future land use category in the
Ccomprehensive Plan shall not be exceeded and new development on a receiver site
shall be developed in compliance with each and every requirement of the
Cc-omprehensive Pplan and the Land Development Code
(4) A receiver site shall meet the following criteria:
de eR t r gh t S 48 r n.4e-5 .-.,ni,.., flier I S h ll t d g ed
130 -156 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
a. The Future Land Use category and Land Use (Zoning) District must allow the
requested use,
b. Must have an adopted maximum net density standard:
c. Includes all infrastructure (potable water, adequate wastewater treatment and disposal
wastewater meeting adopted LOS, paved roads, etc.)
d. Located within a Tier III designated area, and
e. Is not located within a designated CBRS unit.
(5) The assignment of transferable development rights to receiver sites on Big Pine Key, No
Name Key, and North Key Largo from other areas of the County shall be prohibited,
excluding the assignments of transferable development rights a) from sender sites on Big
Pine Key to receiver sites on Big Pine Key; b) from sender sites on No Name Key to
receivers sites on No Name Key, c) from sender sites on No Name Key to Big Pine Key
and de) from sender sites within North Key Largo to receiver sites within North Key
Largo.
(6) The assignment of transferable development rights to receiver sites within Land Use
(Zoning) Districts that do not have a maximum net densities is prohibited (including, but
not limited to, Improved Subdivision (IS, IS -D, IS -M, or IS -V), Urban Residential
Mobile Home (URM or URM- limited), Sparsely Settled (SS), Native Area (NA),
Offshore Island (OS), and Mainland Native (MN).
(7) A development right may be transferred in part, provided it is rounded to the nearest tenth
(i.e. if a sender site is designated Native Area (NA) and consists only of two acres of
upland, the property owner may transfer the fractional 0.50 transferable development
right). However, in accordance with subsection (8), in no event shall a property owner
utilize part of a sender site's acreage for a transferable development right and maintain the
right to develop that acreage as the land use intensity shall be exhausted.
(8) Prior to application for a building permit authorizing the development of a - r - esi emial
dwelling unit on a receiver site requiring a transferable development right, the sender
site(s) shall be a) dedicated to the county or b) placed in a conservation easement
prohibiting its future development. A conservation easement shall be reviewed and
approved by the planning and environmental resources department prior to its recording
in the official records of the county.
(b) Procedure. The transfer of development rights shall be carried out as follows:
(1) A minor conditional use permit shall be required to identify, determine the eligibility of
and document the approval of the sender and receiver site, pursuant to the process set
forth in section 110 -69. If a single receiver site is proposed to receive transferable
130 -157 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
development rights from multiple sender sites, a conditional use permit application for
each sender site shall be required. All sender and receiver sites associated with a
proposed transfer of a transferable development right shall be identified at the time of
application;
(2) The minor conditional use permit application required in subsection (b)(1) shall be
submitted in a form provided by the P -planning and Eenvironmental Rr-esources
Ddepartment and include the following:
a. The names and addresses of the property owners of record for the sender site(s) and
receiver site(s);
b. The property record cards from the Monroe County Property Appraiser of the sender
site(s) and receiver site(s);
c. Written legal descriptions of the sender site(s) and receiver site(s);
d. A copy of the affidavit of intent to transfer;
e. Boundary surveys and legal descriptions of the sender site(s) and receiver site(s),
prepared by a surveyor registered in the State of Florida, showing the boundaries of
the sites, elevations, bodies of water and wetlands, total acreage, total upland acreage
and total acreage by habitat; and
(3) A development order shall memorialize approval of the minor conditional use permit
required in subsection (b)(1). The development order shall include language requiring a
Deed of Transfer described in this subsection (below). After successfully passing all
applicable appeal periods, the development order shall be recorded in the official records
of the Monroe County Clerk of the Circuit Court. Such recording shall be carried out so
that the document is associated with all applicable sender and receiver sites; and
(4) Prior to issuance of a building permit authorizing the development of a r- es'�cial
dwelling unit, all or a part of which is derived from a transferred development right, a
deed of transfer shall be recorded in the chain of title of the sender site (transferor parcel)
containing a restrictive covenant prohibiting the development that would require use of
any of the allocated density that was transferred from the parcel.
Sec. 130 -161. Reserved. ;
<moved to chapter 139>
130 -158 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
b n 1 .. #',., -d an d ..1,,yee housing as defi e d ee 101 i paFe els of I an d
F 19 d :tom a nd on paFe o f avi e ;1:,,,7 as .-L.. r-es idential T lD at a
;�. ., t o a maximum n et r-es idential do ity e f25 dw elli ng tifl PeF
e. D eve l op ., - k e t ra Lousing a s defined i ee 101 1 a ..w ..F. an -A f- ..,7.,1.1„ a „1....,...
hetising eFdanee with subseetion (a)(9) of this S, ded that en par-eels a
gr-eafer- than 18 dwelli
(2) The - i t ;F.eside-i-isi-Ai densiPy allowed per- distfiet and by this seefien shall not FeEluif:e
(3) Mar-ket rate heusing develeped ift aeeer-danee with subseetion (a)(8) belew shall be eligible fe
Poi nts p nt to see 1.28 28(5)
4 \ Th ..tom of thi , haptef f er- the pr-ev .,F ; ..t f ees mall be wa i v ed C
affordable and empleyee heusing and any imar-ket fate housing de-veleped in aeeeFdaflee with
subseetion (a)(8) of this seefien.
(5) Notwithstanding the pr-evisions ef this m4iele, when ealeulating deasi ing lawfully
established OF pFepesed affordable eF empleyee housing en a par-eel and t�e flp�;: Ar-ea thereof
shall be exeluded ffem the ealeulatien ef the tetal gross fie sidepniti-Al fl-leer- area deN
that may be lawfully established en the par-eel, pr-e-vided, hewe-ver-, that the tetal r-esidential
d ll.... e d en th site ..1..,11 not e ea d th e t ,7easity f; g ;: .,FF x,7..1.1„ . 7
L6\ T er- f or- the of a p ar-e el e f land to b en titl e d t., th ; e nti s C « aff o rdable ,.
taRr,mr.p, t44
-A. T_ hea ose A- f sh e -affi-Or-dable housing dwelling lunis i's te heuseholds that meet the
a dj us t e d gFess anfiti i neeme li f or- ffi i neeme as defined i fl et: 10 1 1
f-A-;*I; on-deff sob_seetief4 (a)(6+ of this seetion, ifthe housing dwelling ufiit
130 -159 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
..... 0111111111111
..........
130 -160
4-
Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Mai
..
(b) llieltisieflafy We lents.
130 -161 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
130 -162 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(3) &temptiefis and
"t„a eafe li f ; l;t;
this sobseetion (b) wher-e, based en speeifie findings of faet, Ofte, ee-neludes, with r-espeet to
any de v ele per- ef py-ep that:
1 Ct..:..t ., ..1; .,t: of th .mot" wet ild pr- a r-es . stew with the plan o the
purpose and intent of sh-is
2. Poe to the natur-e of the pr-epesed- r-esideawi-al development, the dewlepmew fIdI4h@FS Plan
with the set here4fi-,-
C °T°r
eetifity affordable housing
rc"s fer a period "et l ess than the pefied preser -ibed in sub-seetio 3 below-,
130 -163 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
130 -164 Keith and Schnars, P.A.
Land Development Code: March 2016
.. . .
i •
WORM
130 -164 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
130 -165 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
...
..
•
.eratr�ee!e�.
IRWIN
WN
•
..
130 - 166 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
see!�a
.- ... - - - - -
130 -167 Keith and Schnars, P.A.
Land Development Code: March 2016
.rte
Ito
WOMEN.
NO OWN
MY m.r.19
see!�a
.- ... - - - - -
130 -167 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
the building offieial for- the dwelling tmit or- dwelling tmits to whieh the eevenafit eFeevefiaws
aaa+,-
130 -168 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
130 -169 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
the eities ef Mar-athen, and Key West, and islamer-ada, Village ef islands for- the pttfpese e
. .. aliPy te the eeunty. All alleeatiefis made available to a jur-isdietien must meet
. <moved to chapter 139>
ef the fefegeing being an "eligible-se.. e. site") by pr-eviding an altefnative develepmeat-4fa*gy
130 -170 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Fm all
•• •
•• .
•ZATANANI
POWN
IN 11
U r
MR
•• .
130 -171 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan
130 -172 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
■
•• •
130 -173 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 130 -162. Maximum Densities for IhHotel /mMoteh Campground, Y-Recreational
Vehicle Seasonal and (Institutional r-Residential *Uses s:, and Minimum Open
� _ - —
Maximum hotel - /motel, carnmround, recreational vehicle, seasonal and institutional residential
densities for those uses permitted by this chapter shall be in accordance with the following table:
I wod I Wo
Dismiei 0094 �
Uoaqwd
�ee�n,s44e -��
9 &
Urban eefmnemiah
Hotel
�&�
4"
94
list -Fes.
X"
24.9
04
Free. Festal
Fesidefffifth
last: -Fes
x
UFbaff FmidpatiAl mobile home,
Reematal
Ree. fental
Here!
18 9
4"
A 9
inst: -Fes-
Dee. FeaW
l 9$
19 9
9 9
130 -174 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Tn�
Rt-,r-. IQ Q* J�4
Destination r-esew,
T AsW
m
1 r Tfal
Retel
Mi .
TTJ .r.
Retel
!fis
R ee. rental
i
inst. Fen tal
R
Sparsely seoledi
m
4"
7rt7
44.9
57
-I $Q*
5
49 8-9
-2- -- -- -- 9c8
130 -175 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
_ l
**
Maximum Densities for Hotel/Motel, Campground, RV, Seasonal and Institutional
Residential Uses
and Minimum Open Space
Allocated Density( )cb>
Maximum Net
Minimum
Land Use District and
Densitv )(
Open
Rooms or Spaces /Gross
Use
Rooms or
Space
Acre of Upland
Spaces/Buildable Acre
Ratio ( `' )
Airport (AD)
0
N/A
0.20
8
X44
&9A
N/A
Commercial Fishing Area
0
—
N/A
0.20
(CFA)
Commercial Fishing
Special District
0
N/A
0.20
CFSD
130 -176 Keith and Schnars, P.A.
Land Development Code: march 2016
Monroe County Comprehensive Plan Update
Commercial Fishing
Villaue (CFV)
0
N/A
0.20
Conservation (CD)
Destination Resort (DR)
10.0
25 O(e)
0.20
N A
4.40
Improved Subdivision
(IS)
0
N/A
0.20
Improved Subdivision
Duplex (IS-D)
0
N/A
0.20
Maritime Industries (MIV
10.0(9)
15.0(e)(g)
0.20
Military Facilities (MF)
10.0
20.0
0.20
Mainland Native Area
imk!q
2-0
N�A
4,94
Mixed Use (MU)
......
. ... ......
Hotel
. .... .... .......... ...... . .................. .. ....... ..... ................... . .... ...........
10.0
15 O(e)
0.20
. . . . .......... ................... .
Institutional Residential
..... .... . ....... . .. .......... . I . . . .......... ..... . .. ..
5.0
20.0
0.20
. . ............ . . ---
........... ............ . ..
Campground
.......... . .......... .......... . .................. - .... ........... .... .............................. .................... .
10.0
N/A
0.20
Native Area (NA)
0
N/A
0.95 (d)
Offshore Island (OS)
0
N/A
0.95
Park and Refuge (PR)
2.0
N/A
0.90
Preservation (P)
a
M
M
Recreational Vehicle (RV)
15.0
15 O(e)
0.20
Sparsely Settled
idenfial (SS)
.
Suburban Commercial (SC)
10.0
5.0
0.20
0.20
Hotel
15.0
Institutional Residential
20.0
. . . . .
Carnl2ground
........... . .............. ... ............... ... . ............... ........... . ......... ..............
10.0
N/A
0.20
Suburban Residential (SR)
0
N/A
0.50
130-177 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Suburban Residential
Limited (SR -L)
0
–
N/A
0.50
0
X44
0-90
Urban Commercial (UQ
10.0
15.0
020
0.20
Hotel
19.0
Institutional Residential
24.0
Urban Residential RJR)
10.0
20.0
0.20
Urban Residential -- Mobile
5.0
7.0
0.2
Home (URM)
Urban Residential Mobile
5.0
—
7.0
—
0.2
—
Home - Limited (URM -L)
0
NA
0�9
Gemme
0
NA
040
PFeseFy
N/A
4-.N
(a) The allocated densities for submerged lands, salt ponds, freshwater ponds, and mangroves
shall be 0 and the maximum net density bonuses shall not be available.
(b) Vessels, including live - aboard vessels or associated wet slips, are not considered dwelling
units and do not count when calculating g ensit
(c) Maximum Net Density is the maximum density allowable with the use of the TDRs, or for
gualifying affordable housing g evelopment. TDRs can be utilized to attain the density between
the allocated density standard up to the maximum net density standard. Deed restricted
affordable dwelling units may be built up to the maximum net density without the use of TDRs.
"N /A" means that maximum net density bonuses shall not be available. Buildable acres means
the portion of a parcel of land that is developable and is not required open space.
(d) Additional open space requirements mayapple based on environmental protection criteria -
see additional open space ratios in Chapter 118. In accordance with section 101-2(l), the most
restrictive of these ratios applies.
(e) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the maximum
net density bonuses shall not be available.
(_f) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use cateLory. Working waterfront and water dependent uses such as
130 -178 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
marina, fish house /market. boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,
pursuant to Policy 101.5.6 of the Comprehensive Plan.
For parcels designated as MI zoning that are within the I future land use category. the
allocated density for hotel - motel, recreational vehicle and institutional residential uses shall be 0
and the maximum net density bonuses shall not be available.
(h) Within the Mainland Native Area land use district, campground spaces and nonresidential
buildings shall only be permitted for educational, research or sanitary purposes.
ji) The minimum open space ratio for the MN zoning district is 0.95 for campground and
nonresidential uses. For permanent residential uses within the MN zoning district, the minimum
open space ratio is 0.99, as shown in the density table in Section 130 -157.
Sec. 130 -163. Existing residential dwellin units and transient unit
Notwithstanding the provisions of sections 130 -157 ' , 30 15i8 and 130 -162, the owners of land
upon which a lawfully established dwelling unit, mobile home, or transient resided -unit exists
shall be entitled to one dwelling unit for each type of dwelling unit in existence before January 4,
1996. Such legal! , lawfully - established dwelling unit shall not be considered as -a nonconforming
are to density
Sec. 130 -164. Maximum nonresidential land use intensities and district open space.
Maximum nonresidential land use intensities for those uses permitted by this chapter and
minimum required distfiefopen space shall be in accordance with the following table:
I4.-14 4.49
130 -179 Keith and Schnars, P.A.
Land Development Code: March 2016
I
1 4-43 4.44
Medium infe
10.4G
1 04G
High intensify
445
4�5 9�A
9f €rEes
I4.-14 4.49
130 -179 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
lastittifiefial 8:40 &?0
944 9 i9
D..1.1i 1..,;1,7:.,e- 8�9
i i..b « r ..:.7..« +:..1-
n ^ n
V"V
Dublie buildin «d u ses
9
040
Low ifitensity
**
040
Me dium inte
0.40
0 ffiEes
' `
�N
G .at 1.
LOW ntensit}
Meese
849 08
1 9 .4 1n 0
High ifflefisity
8ffiees
inst tutional
i ax�i
0.30
1
Publie buildings md uses
3
n40
Light industfy
V-'n 30
nn ^
040
C .l 7•
8- 4.40
0.40 9-?0
0-3-5 I 4,2
High iffl�sily
9ffiees
9.44
1 8-N
S
048
130 -180 Keith and Schnars, P.A.
Land Development Code: March 2016
w
0
00
r
0
a
t7
A
A
0
3 �C
O
O �
A d
• VJ
S
Po O
� m
S
N
o�
o .
I.
R.
I
M.
�o■■000m000��
moo ■��o■
Z�
O
O
Z
O
lD
n
0
3
a
7"
fD
7
(D
b
O
C
a
a
v
0
Monroe County Comprehensive Plan Update
130 -182 Keith and Schnars, P.A.
Land Development Code: March 2016
VZ 5 9-40
i
Medium inte 0
Offiees 0.25** 4.40
`—
GeffffHeFeial retail
lffsti t w iefiftl
030
0.20
!`,.....«,.r-,.:..1 ,. 1
GeffHner-eisl fishing i0
Light industFy �8
Lew imensiv
0:40
03A
e
8A8
040
Gemmer-eial fishing 010 0 :0
r,........ - l .-,.t..:1.
�e xs�t}
8�3�
8-20
023 830
— - -- 048 - - ------ 8-28 --
fig hing
Light 0-38 9-30 --
CeHWHeFeial retail-
Lew inte 8� 8-28
A►4e
8
8:2.0
High
1 0,14
4.20
130 -182 Keith and Schnars, P.A.
Land Development Code: March 2016
00
uj
tv
4f
PD O
INHENHHHHHHE
IMEHHH000E
ooHo
IHHHHHM
InH000U9
O
Monroe Countv Comprehensive Plan Update
130 -184 Keith and Schnars, P.A.
Land Development Code: March 2016
Maximum Nonresidential Land Use Intensity
Medium infe 9-38
9,28
and Minimum Open Space
9€f�ces 8-48
9-i9
-- 9-39
4.19 —
Aifpew-
AiFp uses 8-1
Paf
949
.
Publie buildings and uses 8,20
919
I
* See in
119 124, the most
additional epen i this af4iele. aeeer-danee with seefien
ntFietiye f raties
e these a p plies .
**Where FAR
is
eemmer-eial uses are allewed as peffflit4ed uses, and fie
given, the
130 -184 Keith and Schnars, P.A.
Land Development Code: March 2016
Maximum Nonresidential Land Use Intensity
and Minimum Open Space
Minimum
Land Use District and Use
Maximum
Open Space
Floor Area Ratio
Ratio(e)
Airport (AD)
0.10
0.20
Commercial I
(CI)
Low Intensity
Conullercial Retail or Restaurant
0.35
0.20
Medium
Intensity Commercial Retail or
0.25
0.20
Restaurant
High Intensity
Commercial Retail or Restaurant
0.15
0.20
Office
0.40
0.20
Light Industrial
0.30
0.20
Institutional
0.30
0.20
Public Buildings /Uses
0.30
0.20
Commercial Recreation
0.25
0.20
Commercial 2
(C2)
130 -184 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Low Intensity Commercial Retail or Restaurant 0.50 0.20
Medium Intensity Commercial Retail or
0.40 0.20
Restaurant
High Intensity Commercial Retail or Restaurant 0.35 0.20
Office 0.45 0.20
Light Industrial 0.40 0.20
Institutional 0.40 0.20
Public Buildings /Uses 0.35 0.20
Commercial Recreation 0.25 0.20
8-9.9
Commercial Fishing Area
0.40
020
C( FA)
Commercial Fishing Special District
(CFSD) ( b )( ' 7 '
0.20
Low Intensity Commercial Retail or Restaurant
0.35
Medium Intensity Commercial Retail or
0.25
0.20
Restaurant
0.20
Commercial Fishing
0.40
0.20
Light Industrial
0.30
0.20
Heavy Industrial
0.40
Institutional
0.30
Public Buildin s /Uses
0.30
0.20
Commercial Fishing Village (CFV)tb>
0.40
0.20
ILnseria -L n (CD)
0.05
0.90
Destination Resort (DRY'
Commercial uses associated'
required with a hotel
0.25
0.20
Marinas
0.25
0.20
Improved Subdivisid
0
0.20
IS
Improved Su ' wis`ion = ii
0
0.20
( IS-DI
Industrial (I)
130 -185 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Office
0.40
0.20
0.20
Restaurant
0.30
Commercial Fishing
0.40
0.20
Light Industrial
0.40
0.20
Heavy Industrial
0.25
0.20
Institutional
0.20
Public Buildings/Uses
0.40
0.20
!mar Subdivision
9
A�8
M `' X"
Maritime Industries (MI) (1)(d)
Low Intensity Commercial Retail or Restaurant
0.40
0.20
Medium Intensity Commercial Retail or
0.30
0.20
Restaurant
0.30
0.50
High Intensity Commercial Retail or Restaurant
0.20
0.20
Office
Commercial Fishing
0.45
0.20
Light Industrial
0.35
0.20
Heavy Industrial
0.4 .. ,
0.20
Institutional
0.30
-NON
0.20
Public Buildings/Uses
0.60
0.20
Agriculture (Mariculturel
0.20
Military Facilities (MF)
Military Uses
0.50
0.20
Low Intensity Conirnercial Retail or Restaurant
0.30
0.20
Medium Intensity Commercial Retail or
0.30
0.20
Restaurant
0.20
0.20
High Intensity Commercial Retail or Restaurant
0.40
Office
130 -186 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Insti tut ional
0.20
0.30
0.20
Public Buildings/Uses
Airport Uses
0.50
0.20
r,r t ter A . i�R�T�
� �+
0-9-5
Mixed Use (MU)
Low Intensity Commercial Retail or Restaurant
0.35
0.25
0.20
0.20
Medium Intensity Commercial Retail or
Restaurant
High Intensity Commercial Retail or Restaurant
0.15
0.40
0.20
0.20
Office
Commercial Fishing
0.40
0.20
Light Industrial
0.30
0.20
0.20
Institutional
0.30
0.20
Public Buildings/Uses
0.30
0.20
Commercial Recreation
0.25
Native Area (NA)
Public Buildings/Uses
0.20
0.95
Agriculture
0.20
0.95
Offshore Island (OS)
0
0.95
Park and Reffige (PR)
0,20
0.90
Preservation (P)
0
1.00
Recreational Vehicle (RV)
Low Intensity Commercial Retail or Restaurant
0.35
0.25
0.20
0.20
Medium Intensity Commercial Retail or
Restaurant
►tensity Commercial Retail or Restaurant
0.15
0.25
0.20
0.20
...... __
Marina
gnarsely Settled Residential (SS)
Public Buildini-s/Uses
0.20
130 -187 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Agriculture
0.20
0.80
Suburban Commercial (SC)
Low Intensity Commercial Retail or Restaurant
0.35
0.25
0.20
Medium Intensity Commercial Retail or
Restaurant
0.20
High Intensity Commercial Retail or Restaurant
0.15
0.40
0.20
Office
0.20
0.20
Light Industrial
0.30
Institutional
0.30
0.20
0.20
Public Buildings/Uses
0.30
0.20
Commercial Recreation
0.25
Suburban Residential (SR)
Low Intensity Commercial Retail or Restaurant
<2,500SF (P- 130 -94)
<2 500SF (>- 1 30 -94)
0 . 50
0
Medium Intensity Commercial Retail or
Restaurant
Office
<2.500SF (M 130 -94)
0.50
Institutional
0.25
0.50
0.50
Public Buildings/Uses
0.25
Commercial Recreation
0.25 '
0.50
Agriculture
0.25
0.50
Suburban Residential- Limited (5R -L1
0
0.50
Suar-sely Settled Residential (SS
8-38
888
Urban Commercial (UC) )
Low Intensity Commercial Retail or Restaurant
0.45
0.40
0.20
0.20
Medium Intensitv Commercial Retail or
Restaurant
High Intensity Commercial Retail or Restaurant
0.35
0.45
0.20
120
Office
130 -188 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Institutional
0.40
0.35
0.40
0.20
Public Buildin sip 'Uses
Commercial Recreation
0.20
0.20
Urban Residential (UR)
0
0.20
Urban Residential— Mobile Home (URM)
0
0.20
Urban Residential Mobile Home — Limited
URM -L
0
—
0.20
9-44
44-4 V-'LV
8-4
448
8
444
8-38
8-�4
V 8 � -2 0
D .,mot., M
040
4.2-0
Q, z IN
8Y'tl
040
9€fiee
bieM ladu
!- Reer-eatien
8-2-9
8,49
83-4
8-44
8-49
4-40
444
8 l! i 11 �
���
8
9:24
Offiee
ladttstFig
040
040
lastitefienal
9-2
4-2
Poblie Btiiklifies,44ses
(`,.ninie -eial Reefe.,ti
1
(a) Additional open space requirements may apply based on environmental protection criteria -
see additional open space ratios in Chapter 118. In accordance with section 10 1 -2 1 the most
130 -189 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
restrictive of these ratios applies.
(b) For properties consisting of hammocks, pinelands or disturbed wetlands within the Mixed
Use/ Commercial and Mixed Use/ Commercial Fishing future land use categories, the
maximum floor area ratio shall be 0.10.
(c) Per Section 130- 79(12)e., within the CFSD -20 land use district (Little Torch Key),
residential density shall be allowed in addition to the permitted nonresidential uses and intensity
(i.e., density and intensity shall not be counted cumulatively).
(d) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use category. Working waterfront and water dependent uses, such as
marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the upland area of the property, adiacent to the shoreline,
pursuant to Policy 101.5.6 of the Comprehensive Plan.
(e) Within the Mainland Native Area land use district, campground spaces and nonresidential
buildings shall only be permitted for educational, research or sanitary purposes.
(,fj The minimum open space ratio for the MN zoning district is 0.95 for campground and
nonresidential uses. For permanent residential uses within the MN zoning district, the minimum
Sec. 1304165. Aggregation of development.
Any development located on contiguous parcels of land, that has or is a part of a common plan
or theme of development or use, including, but not limited to, an overall plan of development,
common or shared amenities, utilities or facilities, shall be aggregated for the purpose of
determining permitted or authorized development and compliance with each and every standard
of this Land Development Code tincludes clearing limits) and for the purpose of
determining the appropriate form of development review.
130 -190 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe Countv Comprehensive Plan Update
ARTIG-16E 4 BULK REGULATIONS <moved to chapter 131>
RON - .. ...
130 -191 Keith and Schnars, P.A.
Land DeNelopment Code: Nlarch 2016
44
WiJi
40
UFban residential!
1 .14
•1•A
Lots iess than 50 feet wide
i
40
444
40
Mobile homes
&W
-0
bets 50 feet wide or. ffeatef:
40
10 13
-1.0
Mobile homes
44
10413
44
-
4�10
104:10
40
Eemm ereie44
m
10/13
40
Geninieieial-z S
T 1 ?$
WAS
40
1 041
4-0
Other- 1
1 10414
1 40
130 -191 Keith and Schnars, P.A.
Land DeNelopment Code: Nlarch 2016
w
0
N
r
m
0
a
v
s
ax
o m
Aa
m 0
� m
o :'b
;a
Monroe County Comprehensive Plan Update
130 -193 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
,
<moved to 101 -1>
(1) The par-eel ef land is Wgef than fOttf aeFes
is 400 feet fiem any ether- FDQT appr-eved etir-b eet ef side street en the same side ef U.S. 1
<moved to every zoning category>
(�) Th , . ,I f- adjoining r - e sidential u ses b a ,.lass 14 b r.,,..a . and <moved to
every zoninp cateporv>
..;,. t th p e l but shail ne t a ooa f ew S e f e et -.-: < moved to 142 -3
130 -194 Keith and Schnars, P.A.
Land Development Code: March 2016