Update of LDRs from 03/01/2016 Monroe County Comprehensive Plan Update
Red mangrove Rhizophora mangle
Cattail Typha spp. Cattail
Frontage means that part of a parcel of land a-let abutting on a road fight-ef-way.
Functional integrity means the completeness and natural stability of an assemblage of native
plants and animals as indicated by measures of continuity, species diversity, species
interdependence and biomass.
Future Land Use Map (FL UM) means a graphic representation of the land use categories used in
the County and their placement on the land adopted as part of the comprehensive plan and used
as the regulatory map for implementation of the comprehensive plan and land development
regulations.
Governmental agency means:
(1) The United States or any department, commission, agency or other instrumentality thereof;
(2) The state or any department, commission, agency or other instrumentality thereof;
(3) Any local government or any department, commission, agency or other instrumentality
thereof; or
(4) Any school board or other special district, authority or governmental entity.
Grade means the highest natural elevation of the ground surface, prior to construction, next to
the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the
structure, whichever is higher. To confirm the natural elevation of the ground surface, prior to
construction, the county shall utilize the Light Detection and Ranging (LiDAR) dataset for
Monroe County prepared in 2007,1R-the-event-2.00-7-LiDAR-data is not available for a given
•. - , • - :. . . - • • and other best available data, including, but not limited to, pre -
construction boundary surveys with elevations, pre - construction topographic surveys, elevation
certificates and/or other optical remote sensing data.
Gray water reuse mean reusing wastewater from residential, commercial and industrial bathroom
sinks, bath tub shower drains, and clothes washing equipment drains for reuse onsite, typically
for . - • _ : toilet flushing.
Gross acre means the total area of a site excluding submerged lands, tidally inundated
mangroves below the mean high water line, not to cxceed mean high tide, and any publicly
dedicated public rights -of -way.
Gross area means the total gross acresage of a site less submerged lands, tidally inundated
mangroves below the mean high water line, and any dedicated public rights -of -way.
Groundwater means water beneath the surface of the ground.
Habitable floor area means any floor area for occupancy and equipped for uses including, but
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Monroe County Comprehensive Plan Update
not limited to, kitchen, dining, living, family or recreation room, laundry, bedroom, bathroom,
office, workshop, professional studio or commercial occupancy.
Habitable space means any structure equipped for human habitation such as, but not limited to,
office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or
recreational room; professional studio or commercial occupancy including all interior hallways,
corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks
and patios are not considered habitable structures.
Heavy industrial use See "Industrial use, heavy. ' • .. • . . - - - . .
- -- . -
Height means is dcfined as "the vertical distance between grade and the highest part of any
structure, including mechanical equipment, but excluding the following: chimneys; spires and/or
steeples on structures used for institutional and/or public uses only; radio and/or television
antenna, flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna
supporting structures with attached antenna and/or collocations as permitted in chapter 146.
However, in no event shall any of the exclusions enumerated in this definition °°� —be
construed to permit any habitable or usable space to exceed the applicable height limitations. In
the case of airport districts, the height limitations therein shall be absolute and the exclusions
enumerated in this definition section shall not apply.
Highest adjacent grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure.
High hammock means an upland, hardwood forest community in which the following species of
plants represent a component of the flora:
Common Name Scientific Name /Species
Crabwood Gvmnanthes lucida Er
Gumbo limbo Bursera simaruba Gumbo limbo
Pale lidflower Calyptranthes pallens Pale lidf over
Soldierwood Columbrina elliptica weed
Guiana plum Drypetes lateriflora Guiana plum
Redberry stopper Eugenia confuse RedbeFFy-stepper
Red stopper Eugenia rhombea Red stopper
Princewood Exostema caribaeum Princewood
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DIVISION 1. GENERALLY
Sec. 102 -185. Appeals.
(a) Authority. The Pplanning Ceommission shall have the authority to hear and decide appeals
from any decision, determination or interpretation by any administrative official with respect
to the provisions of this Land Development Code and the standards and procedures
hereinafter set forth, ce._
rp pea by e Histor reserva ion Commis d alipea r from
administrative actns regarding the floodplain management pr 'ons of this Land
Development Code. Appeals from actions by the Historic PreservailliCommission shall be
heard by the Division of Administrative Hearings (AH), e 135 -9.
Agag from administrative rallag the flo ' ma
e ent C t 4 S ec
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. *Section 163.3215(2), or any
resident or real property owner from any order, decision, determination or interpretation by
any administrative official with respect to the provisions of this Land Development Code.
(c) Procedures. A notice of appeal in the form prescribed by the Pplanning Delirector must be
filed with the Ceounty Aedministrator and with the office or department rendering the
decision, determination or interpretation within 30 calendar days of the decision. Failure to
file such appeal shall constitute a waiver of any rights under this Land Development Code to
appeal any decision, interpretation or determination made by an administrative official. Such
notice shall be accompanied by the names and addresses of the owner, applicant, property
owner, and adjacent property owners. The filing of such notice of appeal will require the
administrative official whose decision is appealed to forward to the Planning Ceommission
.. • - - - - • - - . .. any and all records concerning the subject matter of the
appeal and to send written notice of the appeal to the owner, applicant, property owner, and
adjacent property owners, if different from the person filing the appeal, within 15 calendar
days of receipt of the notice of appeal.
(d) Effect of filing an appeal. The filing of a notice of appeal shall stay all permit activity and
any proceedings in furtherance of the action appealed unless the administrative official
rendering such decision, determination or interpretation certifies in writing to the Planning
Ceommission and the applicant that a stay poses an imminent peril to life or property, in
which case the appeal shall not stay further permit activity and any proceedings. The
Planning Ceommission shall review such certification and grant or deny a stay of the
proceedings.
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(e) Action of the Planning Ceommission. The planning Ceommission shall consider the appeal
at a duly advertisedcalled public hearing following receipt of all records concerning the
subject matter of the appeal. Any person entitled to initiate an appeal may, along with county
staff and counsel, have an opportunity to address the Planning Ceommission at that hearing
meeting and all parties to the appeal shall have the opportunity to present evidence and create
a record before the Pplanning Ceommission. Any appeals before the hearing officer shall be
based upon and restricted to the record.
(f) Appeal to hearing officer. Any person participating as an appellant or appellee at the hearing
described in subsection (e) of this section may request an appeal of the decision of the
planning Csommissio '
, under Chapter 102, aArticle VI, dDivision 2
by filing the notice required by that article within 30 days after the date of the written
decision of the Manning Ceommission_ +he ease of
Sec. 102 -186. Variances and Waivers gQranted by the PPlanning dDirector.
(a) Purpose. The purpose of this section is to establish authority, procedures, and standards for
the granting of variances and waivers from certain requirements of this chapterLand
Development Code, as specified in this section.
(b) Authority and scope of authority. The Pplanning Ddirector is authorized to grant the
following variances and waivers according to the standards of subsections (f) and -(g) and (h)
of this section:
(1) For variances pursuant to subsection (f) of this section, Rreduction of in-the-front or and
rear yard non_shoreline setback requirements, as provided in chapter 1310, article VI,. by
up to no more than ten (10) feeti and reduction of non - shoreline side yard setback
requirements, as provided in chapter 131, by up to five (5) feet ;
(2) For front yard setback waivers pursuant to subsection (g) of this section, reduction of the
front yard non - shoreline setback requirements in Chapter 131 by up to ten (10) feet;
(3) For special accessibility setback variances pursuant to subsection (h) of this section,
reduction in the front, rear, or side yard non - shoreline setback requirements in chapter
131, by up to the amount necessary to facilitate the accessibility - related development.,
(42) Reduction in the off- street parking requirements in chapter 114, article III,, by no more
than twenty (20) percent;
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Sec. 114469. Water sSupply and sSanitary sSewer sService.
(a) Septic tanks and drain fields shall be permitted only when approved by the Ceounty Hhealth
Ddepartment and the Florida Department of Health : • : ' - ..: • • . • • - .
(b) Proposed waterlines shall be coordinated with the Florida Keys Aqueduct Authority (FKAA)
and shall meet all conditions and requirements of the FKAA water main extension policy.
(c) Individual wells shall only be permitted where there is no public supply of water feasible.
Sec. 114 -107. Road and Private Drive Street-nName sSigns.
The developer, at his expense, shall install road Gtrect name signs, if applicable,. at each entrance
to the development and at each intersection of public roads within the developmentsubdivisie}n,
including— entrance- meads, of durable and sound construction in accordance with Standard
Specifications and Details of Monroe County.
Sec. 1144811. Traffic - eControl sSigns and dDevices.
The developer, at his expense, shall install traffic- control signs at locations determined by the
. - • • _ . • . - - - ... • . • - . . ... - _ounty Engineer engineer. Such signs
shall meet the requirements of the most current edition of the Manual on Uniform Traffic
Control Devices (MUTCIII).. . -•• • • . .. . • - - •: . a .. -• - - - . .. . .
Sec. 1144912. Live - aAboard vVessels.
Live - aboard vessels shall be hooked up to an on -land sewage disposal system or shall be
provided with onshore sanitary facilities. New live - aboard vessel slips shall only be permitted in
marinas that have adequate off - street parking, pump -out facilities and amenities for the
occupants of the live- aboard vessels.
Sec. 1144013. Fences.
It is the purpose of this section to regulate fences in order to protect the public health, safety and
welfare.
(1) Height. In general, all fences shall be measured from the highest finished elevation adjacent
to the fence and shall not exceed six feet in height.
a. For any parcel of land pfejaertiesr with access to U.S. 1. and to cou designated any
property with access to an arterial roadctrects and/or any property developed with a
nonresidential use .. . - ' . . .. - • • . - .. ... • - - , : a
fence shall not exceed exceeding three (3) feet in height °ha" be tocatea within a clear
sight triangle as defined in sSection 114 -201 that intcrfcrcs with the safe and adequate
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b. For any parcel of land located along US 1 or adjacent to the intersection of any two public
roads, a Ne -fence shall not exceed exceeding three (3) feet in height °ha" be leeated at
- ... ' - - within a the -clear sight triangle as defined in
section 114 -201 and/or according to FDOT and national American Association of State
Highway and Transportation Officials (AASHTO) standards, whichever is more
restrictive;
c. For any parcel of land developed with a single- family residential residence andr-esideetiel
propertic& on a local roadctrecta, a fences located within the-a clear sight triangle as
defined in sSection 114 -201 may exceed three (3) feet in height if located on private
property and placed a minimum of ten (10) feet from the edge of pavement of the
roadstrect, the sidewalk or the bike path, whichever is closestf to the property line. On
unpaved streets, the distance shall be measured from the approximate edge of the cleared
right-of-way; If the setback of existing fences on the street is grctcr than ten feet the
fence shall be setback the same distance or to a maximum of 20 feet, whichever is less;
d. A No fence shall not exceed four (4) feet in height within any front yard setback or within
any side yard setback that overlaps with a front yard setback, as required pursuant to
Chapter 131, except as follows:
1. Within all land use (zoning) districts, fences of up to five (5) feet in height may be
permitted if constructed of chain -link or another material that does not impair
visibility. Construction details and materials for fences, other than chain -link, must be
approved by the pPlanning dDirector;
2. Within the Airport (AD), Commercial 1 (C1), Commercial 2 (C2), Commercial
Fishing Area (CFA), Commercial Fishing Special District (CFSD), Commercial
fishing Village (CFV), Destination Resort (DR), Industrial (I), Maritime Industries
(MI), Mixed Use (MU), Recreational Vehicle (RV), Suburban Commercial (SC) and
Urban Commercial (UC) UC, Cl, C2, SC, MU, I, MI, and AD Land Use (Zoning)
Districts, _.. _ _ , ... - _ •
. .. . _ .
fences may be constructed to a height of up to six (6) feet in height may be permitted,
provided they fences are not located within clear sight triangles as defined in sSection
114 -201 and/or according to FDOT and national AASHTO standards, whichever is
more restrictive;
3. Within the Improved Subdivision (IS), Native Area (NA), Sparsely Settled (SS),
Suburban Residential (SR) and Suburban Residential Limited (SR -L)IS, SR, SR L,
=Land Use (Zoning) Districts, fences may be constructed to a height of up
to six (6) feet in height may be permitted, provided that no other residentially
developed property is located within 200 feet of the subject property and provided
they fences are not located within clear sight triangles as defined in sSection 114 -201
and/or according to FDOT and national AASHTO standards, whichever is more
restrictive;
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Monroe County Comprehensive Plan Update
collection. The study shall be reviewed by the county traffic consultant to determine whether
the parking study supports the basis for the parking reduction request.
(j) Wheel stop requirements. All impervious surface parking spaces shall be clearly marked by
striping or other markings acceptable to the pPlanning dDirector. All pervious and impervious
surface parking spaces shall have a wheel stop, bumper blocks or similar barriers where the front
of the parking space is adjacent a building, required yard or required landscaping, to designate
each parking space.
(k) Nonconforming parking and loading. All lawfully existing multifamily (3 or more units)
residential or nonresidential development that is nonconforming to the parking and/or
loading requirements of this article shall be brought into compliance as follows:
(1) When any change of use or expansion of the use occurs, the site shall come into
compliance with the parking and loading requirements of this article to the greatest extent
practicable (considering sufficient land is available on the site to accommodate some or
all of the parking deficiencies), as determined by the Planning Director on a case -by -case
basis.
(2) When any feeenstnietion redevelopment substantial improvement occurs, the property
shall come into full compliance with the parking and loading requirements of this article.
Director on a case by case basis.
(k) Bicycle spaces. A bicycle rack for parking bicycles shall be provided by all nonresidential
development within 200 fect of an existing or programmed state or county bikeway. The
minimum aisle width of fivc fcct. The bicycle parking arm shall be located within 50 feet of a
public entrance to the principal structure and shall not intcrfere with pedestrian or vehicular
traffic. <Moved to 114 -71>
Sec. 114 -68. Parking aAgreements.
(a) Purpose. The purpose of parking agreements is to ensure the continued availability of off -site
parking facilities for the uses they are intended to serve.
(b) Requirements. All off -site parking facilities shall require a parking agreement.
(c) Form and approvals. The parking agreement shall be drawn to the satisfaction of the county
attorney and pPlanning dDirector and executed by all parties, including the county. The
agreement shall provide the county with the right of enforcement.
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(d) The owner or lessee of the land upon which such required off -site parking facilities are
located shall enter into a written agreement with the county, to be filed with the Clerk of the
Circuit Court, with enforcement running to the county, providing that the land comprising the
required off -site parking facilities shall not be encroached upon, used, sold, leased or conveyed
for any purpose except in conjunction with the nonresidential building or use which the required
off -site parking serves, so long as the parking facilities are needed.
Sec. 114 - 69. Required nNumber and sSize of 1Loading /uUnloading sSpaces.
All nonresidential uses of over 100 square feet in floor area, involving the receipt and
distribution by vehicles of materials and merchandise, shall provide for off - street loading
(a) Number and size of required spaces. Loading/unloading spaces shall be provided as follows:
Minimum Required Number of
Loading and Unloading Spaces
I
Specific use category GFA (sq. ft.) i 1 l'x 35' f 11' X 55' j
100 -2,499 1 0
2,500- 19,999 0 1
All nonresidential uses — — —
20,000 - 49,000 0 1
r 50 and over 0 2
Outdoor uses and storage T All sizes 1 0 j
(b) Location of required loading/unloading spaces. Loading/unloading spaces shall be located
entirely on the same - let-parcel as the principal use they serve. These spaces shall not be
located on any public right -of -way, or on any parking spaces or parking aisle, and shall allow
for adequate ingress and egress and turning maneuverability within the site. The spaces shall
be accessible and adjacent or as close to the building served as possible.
(c) Reduction in loading/unloading space requirements. The pPlanning dDirector is authorized
to grant a reduction in the number and dimensional requirements of this article for
loading/unloading spaces based on the submittal by an applicant of a parkin study
of loading/unloading space need, prepared and signed by a qualified traffic engineer, fef
loa inglunloaaing spaces approved by the planning director, prepared and signed by a
... • . . - • : • • - - and reviewed by the county traffic planner /consultant.
Sec. 114 -70. Restriction on uUse of pParking and 1Loading sSpaces.
The use of off- street parking, loading /unloading spaces or aisles for outdoor retail sales, outside
storage, storage area, or repair of motor vehicles or any kind of equipment is prohibited except as
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Monroe County Comprehensive Plan Update
(2) the system is located at least five (5) feet from any property line; and
(3) screening is provided by a solid fence of at least 6 feet in height and /or a Class B
bufferyard on all sides visible to adjacent properties.
1 ' ► .. • •
1 .-- - - • - C. -
.
(6) feet.
.- •• -
neighborhoods or othcr uscs arc encouraged.
Guch berm shall have a stabilized slope of one to three (1:3) rise /run and shall be covered
with shrubs, sod or other landscape quality living ground cover.
Sec. 114 - 109. Landscaping Plan Required.
(a) An applicant for development approval who is required to install landscaping shall submit a
landscaping plan as part of the development permit application.
(b) The landscaping plan shall include all of the following:
1. Name of existing or proposed development;
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Monroe County Comprehensive Plan Update
2. Name, location, quantity, size, and type of existing and proposed vegetation and
landscaping on the site, and its relation to other site features such as existing and proposed
buildings, utilities and easements;
3. Plant schedule, including a plant list with the botanical and common name, size and
quantity of proposed plantings;
4. Existing trees of four (4) inches DBH or greater to be retained, proposed for removal or
relocation;
5. Proposed building footprints; drives, walks, patios, parking areas, lighting and other
hardscape improvements;
6. Scale, date, north arrow, and street names;
7. Existing and proposed utilities; and
8. Calculation chart verifying landscape requirements being met.
Section 114 -110. Nonconforming Landscaping.
All lawfully existing multi - family (3 or more units) and nonresidential development that is
nonconforming to the landscaping standards of this article shall be brought into compliance as
follows:
(a) When any change of use or expansion of the use occurs, the site shall come into compliance
with the landscaping requirements of this article to the greatest extent practicable, as
approved by the Planning Director on a case -by -case basis.
(b) When any redevelop• eutsubstantial improvement occurs, the property shall come into full
compliance with the landscaping requirements of this article.
three foot intervals and shall be not less than five (5) gallon nursery Florida Number 1 stock.
- - - - ' - --
requirements of this article.
114-66 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
PARALLEL STREET
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Land Development Code: March 2016
Monroe County Comprehensive Plan Update
Sec. 114 -197. Access within 250 feet of bBridges pProhibited.
No development shall be permitted that has access to U.S. 1 by way of a curb cut that is located
within two hundred fifty (250) feet of a U.S. 1 bridge abutment.
Sec. 114 -198. Temporary aAccess.
No applicant shall be denied development approval for the sole reason that the lot cannot meet
the requirements of sSection 114 -195 or 114 -196. To provide access, the director of pPlanning
Director shall issue a temporary access permit provided that the landowner's site plan provides
for the eventual connection to a parallel access on an adjoining property, and that the owners
agree, with suitable legal documents, to close the temporary access when connection to adjoining
properties is feasible.
Sec. 114 -199. Nonconforming aAccess.
No use fronting on U.S. I or County Road 905 shall receive a permit for a change of use,
expansion or reconstruction substantial improvemeti improve - unless it is brought into conformance with
this article by provision of combined dri\ es or parallel access, and with any access standards or
requirements of FDOT.
Sec. 114 -200. Traffic sStudy.
(a) In addition to all application requirements, traffic studies by a qualified traffic engineer, as
determined by the Planning Director, who is a licensed engineer in the state, shall be required
as follows, in accordance with the Monroe County Traffic Report Guidelines Manual€erthe
(1) Traffic studies shall be required for proposed development as shown in the table below,
based on the anticipated number of vehicle trips per day generated by the site:
Required Traffic Studies
Gross Daily Trip Generation* Project Location Type of Report Required
11 - 249 Segments of U.S.1 designated Level 1
as Inadequate Capacity or
Marginally Adequate Capacity
according to the biennial
assessment of public facilities
I capacity report (see Sec. 114 -2).
250 - 500 T� All Areas Level 2
>500 All Areas Level 3
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Monroe County Comprehensive Plan Update
pPlanning EDirector if the applicant can affirmatively demonstrate that he has timely and
actively sought coordination.
br 9.;.ApUeal'
(a) Authority. The Division of Administrative H ` gs 1) shafillig the authority to heal
d decide appeals from administrative actions regarding the floodplain management
s of this Land Development Code.
itiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
ricved or adversely affected person, as defined by F.S. § 163.3215(2), or any resident of
1 property. from administrative actions regarding the floodplain management provisions of
Land Development Code.
(c) Procedures. A notice of appeal in the form prescribed by the Building Official must be filed
with the county administrator and with the Building Department within 30 calendar days of
the administrative action. Failure to file such appeal shall constitute a waiver of any rights
under this article to appeal administrative actions regarding the floodplain management
provisions of this Land Development Code. Such notice shall be accompanied by the names
and addresses of the owner, applicant, property owner, and adjacent property owners. The
fain. of such notice of as seal will re•uire the County' to forward to the BOCC an and all
records concerning the subject matter ofthe appeal and to send written notice of the appeal to
the owner, applicant, property owner. and adjacent property owners, if different from the
Berson thin the a. •eal. U son recei ►t of the written notice of the an,eal, the County shall
refer the appeal to DOAH with a request that an administrative law judge be assigned to
conduct a hearing. The request shall be accompanied by a copy of the petition and a copy of
the notice of County action.
(d) Effect offiling an appeal. The filing of a notice of appeal shall stay all permit activity and
any proceedings in furtherance ofthe action appealed unless the Building Official certifies in
writing to the BOCC and the applicant that a stay poses an imminent peril to life or property,
in which case the appeal shall not stay further permit activity and any proceedings. The
BOCC shall review such certification and grant or dew a stay of the proceedings.
(e) Action of DOAH. DOAH shall consider the appeal Ilkan Rule 28-1j.201(3)C.
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Monroe County Comprehensive Plan Update
b,9one or more of the following amenities are available to guests_;
1. Swimming pool; or
2. MafiftaDocking facilities; oraad
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 ;
1 1 I11 . -
b. A signalized intersection; or
least 400 feet;
('I) Replacement of an existing antenna supporting structure pursuant to scction 146 5(2)
(54) Attached wireless communications facilities, as accessory uses, pursuant to section 146-
5(4) "Attached wireless communications facilities;"
(65) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5) "Stealth wireless communications facilities;" and
(76) 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 or adjacent to 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
ch. 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 1 by at
least 400 feet.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least four feet below mean
seas -level at mean low tide;
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.
- •
}
a. An existing curb cut;
b. A signalized intersection; or
100 feet;
('I) Land use overlays, A, E, INS, PF, subject to provisions of chapter 130, article IV.
(543) Wastewater treatment facility and wastewater treatment collection systems(s) serving
(a) use(s) located in any land use district provided that:
a. The wastewater treatment facility and wastewater treatment collection system(s) is
(are) in compliance with all federal, state, and local requirements; and
b. The wastewater treatment facility, wastewater treatment collection system(s) and
accessory uses shall be screened by structures(s) designed to be architecturally
consistent with the character of the surrounding community and minimize the impact
of any outdoor storage, temporary or permanent; and
c. In addition to any district boundary buffers set forth in chapter 114, article IV a
planting bed, eight feet in width, to be measured perpendicular to the exterior of the
screening structure shall be established with the following:
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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—and
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 sSuburban eCommercial district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low- and
medium - _intensity and office uses or any combination thcrcof 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-in;
(4) Commercial recreational uses limited to:
a. Bowling alleys;
b. Tennis and racquet ball 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;
•
parcel proposed for development; if such arras exceed 25 perccnt, thcn approval must be
130 -90 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
c. The parcel proposed for development is separated from any established detached
residential use by a class C bufferyard;
(2) Public or privateParks, 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;
of yy S. 1, or a dedicated right of way to serve as a frontage road for U.S. 1;
• t1 • - .
illikhe commercial retail use does not involve the outside storage or display of goods or
permitted with the stipulation that required open space and required bufferyards may
130 -97 Keith and Schnars, P.A.
Land Development Code: Oct 2015
Monroe County Comprehensive Plan Update
existing residential structure by a class C bufferyard; and
. 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
- . - - ay for U.S. 1;
16) 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;
a class C bufferyard; and
b. Access to U.S. 1 is by way of:
1. An existing curb cut;
3. A curb cut that is separated from any other curb cut on the same side of U.S. 1 by at least
/100 feet;
•
• ,
13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-
5(5); and
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Monroe County Comprehensive Plan Update
(1-1-9) Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to section 146 -5(6).
(c) The following uses are permitted as major conditional uses in the suburban residential
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually compatible with
established residential development within 250 feet of the parcel proposed for
development; and
b. The parcel proposed for development is separated from any established residential use
by a class C bufferyard;
(2) Institutional residential uses, provided that:
a. The use is compatible with land uses established in the immediate vicinity of the parcel
al3. 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;
(3) Marinas, provided that:
a. The parcel proposed for development has access to water at lest four feet below mean
sea level at m an low tide;
b. The use does not involve the sale of goods and services othcr 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 othcr
equipment is stored on any elevated rack, frame or structure;
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Monroe County Comprehensive Plan Update
hedge at least six feet in hcight; and
(34) Agricultural uses, provided that:
prepesed-fer-develepmenti
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 : - -. - - - .. • .: - • -- , 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;
b. All signagc is limited to that permitted for a residential use;
that:
a. The use docs not exceed 5,000 square fcct of floor arca; and
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ti i o ct i
n-;
(1) That the home occupation constitutes a public or private nuisance under state law.
Sec. 130 -125. Institutional use overlay (INS).
The Institutional Use zoning overlay district provides classifications of property for institutional
uses by federally tax- exempt, non - profit facilities, including, but not limited to, educational,
scientific, religious, social service, cultural, M care, and recreational organizations. Any
useProperty - • . - - - .. _ . . ! . : •:
identified on the Monroe County Future Land Use Map with a designation of
"INS" may have be overlaid on any new-or-existing-land use district as its designated zoning
category. The use within the overlay district shall be subject to all land development regulations
of the underlyin zg oning 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
3 -15 rooms /spaces 6-24 rooms /spaces 0.30
Sec. 130 -126. Public bBuildings/Landsgfe s use overlay (PB).
The Public Buildings /Lands Use zoning overlay district provides classifications of property for
public buildings and grounds owned by federal, state and local governments which serve the
population of the County. • • ' • ` °" = c 'he' es 6 e'cornM y , . ' y taZ
en -profit ins • final uses, is and thirftilary mss, ma
• °- ,'thin the PB flay di Any use Property identified in the Monroe County
Ycar 2010 Comprehensive Plan as Public Buildings /Lands (PB) and f.� identified on
the Monroe County Future Land Use Map with a designation of "PB" may have b
any n 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:
130 -137 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Residential Nonresidential
Allocated Density Maximum Net Density Maximum Intensity
(Per Upland Acre) (Per Buildable Acre) (Floor Area Ratio)
0 du N/A
0 rooms /spaces N/A 0.30
Sec. 130 -127. Public €Facilities use overlay (PF).
The Public Facilities Use zoning overlay district rovides classifications of .rolert owned b
ublic and rivate utilities and service roviders. rder ``+
lly rt iti tional uses, limited to d their
Any useProperty
identified in the Monroe County Ycar 2010 Comprehensive Plan as Public Facilities (PF) and
further identified on the Monroe County Future Land Use Map with a designation of "PF" may
have be- evertaid -on any new or cxisting 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 I N/A
0 rooms /spaces N/A 0.30
Sec. 130 -128. Tavernier Creek to Mile Marker 97 U.S. Highway 1 corridor district overlay
(TC).
(a) Purpose. The purpose of the Tavernier Creek to Mile Marker 97 U.S. Highway 1 corridor
district overlay is to implement the policies of the Ceomprehensive Pplan and Tavernier Creek to
Mile Marker 97 Livable CommuniKeys Master Plan by protection of existing resources and
enhancement of future development.
(b) Application. The Tavernier Creek to Mile Marker 97 U.S. Highway 1 Corridor Development
Standards and Guidelines are hereby adopted by reference and declared a part of this chapter.
Within the overlay district, as designated on the Tavernier Creek to Mile Marker 97 U.S.
Highway 1 District Overlay Map, uses permitted as of right and uses requiring a minor or major
conditional use permit shall be reviewed based upon the Tavernier Creek to Mile Marker 97 U.S.
Highway 1 Corridor Development Standards and Guidelines and approved if found in
compliance with these standards and guidelines.
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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).* *The allocated
and maximum net densities listed in this table do not apply to CFSD 20 (Little Torch). Sec
section 130 79(14)c. for residential densities.
• . .. - • -g of hammocks, pinclands, and disturbed wetlands that are within
RV, MU, UC, SC, CFV, CFA, CFSD districts have a maximum net density of 0.
(g) A mixture of uses shall be maintained for parcels designated as MI zoning district that are
within the MC future land use category. Working waterfront and water dependent uses, such as
marina, fish house /market, boat repair, boat building, boat storage, or other similar uses, shall
comprise a minimum of 35% of the upland area of the property, adjacent to the shoreline,
pursuant to Policy 101.5.6 of the Comprehensive Plan.
(h) The minimum open space ratio for the MN zoning district is 0.99 for permanent residential
uses. For campground and nonresidential uses within the MN zoning district, the minimum open
space ratio is 0.95, as shown in the density and intensity tables in Sections 130 -162 and 130 -164.
(i) Per Section 130- 92(a)(4), in the RV zoning district, commercial apartments shall be the only
permanent residential use allowed, not to exceed 10% of total RV spaces allowed or in existence
on the site, whichever is less.
Sec. 130 -158. Reserved
Sec. 130 -159. Reserved
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Monroe County Comprehensive Plan Update
Sec. 130 -160. Transferable development rights (TDRs).
(a) General and criteria. The Maximum Net Density is the maximum density allowable with the
use of TDRs, and shall not exceed the maximum densities established in the Comprehensive
Plan. TDRs may be utilized to attain the density between the allocated density standard up to
the maximum net density standard. All residential development rights allocated or
established in sections 130 -157 and 130 -162 (allocated density for permanent residential
dwelling units or transient units) are transferable from one parcel of land to another parcel of
land, provided that the sender and receiver sites meet all of the following criteria:
(1) A sender site is the land area from which the development right(s) to be transferred is
derived. In the event an applicant intends to only use part of a greater property for a
transferable development right application, the additional land area not required to amass
the transferable development right(s) shall not be considered part of the sender site and
not subject to conservation as required in subsection (8). As part of the application
required in subsection (b)(2), the applicant shall provide a boundary survey and legal
description that identify the boundaries of the sender site within the greater property.
A sender site shall meet the following criteria: be within one of the following land use
(zoning) districts in subsection a. and /or contain at 1 ast one of the following habitat
types in subsection b.:
a. Land use (zoning) districts: Conservation (C), Mainland Native (MN), Native Area (NA),
Offshore Island (OS), Parks and Refuge (PR) or Sparsely Settled (SS).
b. Habitat types: Freshwater wetlands, Saltmarsh/Buttonwood wetlands, High quality high
hammock. High quality low hammock, Moderate quality high hammock, Moderate
quality low hammock, High quality pinelands, Low quality pinclands, Beach /berm, Palm
a. Located in a Tier I, II, e -III -A or III designated area; including of any tier den
within the County's Military Installation Area of Impact (MIAI) Overlay; and
b. Property has development rights to transfer.
(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
Ceomprehensive Pplan shall not be exceeded and new development on a receiver site
shall be developed in compliance with each and every requirement of the
Ceomprehensive Pplan and the Land Development Code.
130 -156 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(4) A receiver site shall meet the following criteria: The assignmcnt of transferable
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 rem
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:
130 -157 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
(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
development rights from multiple sender sites, a conditional use permit application for
each sender site shall be required. All sender and receiver sites associated with a
proposed transfer of a transferable development right shall be identified at the time of
application;
(2) The minor conditional use permit application required in subsection (b)(1) shall be
submitted in a form provided by the Pplanning and Eenvironmental Rre sources
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
f. Vegetative studies of the sender sitc(s) and receiver sitc(s).
(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 residential
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.
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Monroe County Comprehensive Plan Update
(a) Generally.
• - - - •
- - - a -
• - . -
■. - .. -
yew,
ensure that: • Y. _ _ - _ .•-- •-
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Monroe County Comprehensive Plan Update
for employee housing, the use of the dwelling is restricted to households that derive at least 70
ccction 101 1.
- -
acre or greater in area.
- • . .. -
eligibility requirements created by section 101 1:
Size of Unit c
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Monroe County Comprehensive Plan Update
One- bedroom +
Two- bedroom 3 2
Three bedroom 4 3
Four-or-mere-bedrooms 3 -- per-bedroom
•- , 1 _ - -
-
(7) Commercial apartment dwelling,; defined in section 101 1, shall only be eligible for
the nt n d
130 -161 Keith and Schnars, P.A.
Land Development Code: March 2016
Monroe County Comprehensive Plan Update
(1) Purpose and intent.
• -- • . ! -
(2) Applicability.
- - -- - .. -
• - - . a •
130 -162 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update • - - • .. . ... - .. - . - • - , •
• .. .. . . , •- ... . . .. , • - -
•
. - . - . . - ..
(b); or
c. Any developer or property owner who believes that he may be eligible for relief from the strict
130 -163 Keith and Schnars, P.A.
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Y. - - • - - .
• • . •
• Option 2: Owner/developer may build up to 70 market rats units and shall purchase and dccd
. 1! .. - !!
-
affordablcs: 100/43 — 70/30.)
- - .- -
onsitc or offsitc parcel (or parcels), a dcvcloper may satisfy the requirements of this subsection
•• •- - .
section, • .. .. . . .. .. - - . .. .. •
- • .. . --
130 - 164 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
Institutional 0.30 0.20
Public Buildings /Uses 0.30 0.20
Airport Uses 0.50 0.20
Mai N A (MN) 49,3(s O 9
Mixed Use (MU)
Low Intensity Commercial Retail or Restaurant 0.35 0.20
Medium Intensity Commercial Retail or
Restaurant 0.25 0.20
High Intensity Commercial Retail or Restaurant 0.15 0.20
Office 0.40 0.20
Commercial Fishing 0.40 020
Light Industrial 0.30 0.20
Institutional 0.30 0.20
Public Buildings/Uses 0.30 0.20
Commercial Recreation 0.25 0.20
Native Area (NA)
Public Buildings/Uses 0.20 0.95
Agriculture 0.20 0.95
Offshore Island (OS) 0 0.95
Park and Refuge (PR) 020 0.90
Preservation (P) 0 1.00
Recreational Vehicle (RV)
Ova 0
' _
Commercial Retail or Restaurant MEE
Marina 0.25 0.20
Sparsely Settled Residential (SS)
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Monroe County Comprehensive Plan Update
Public Buildings/Uses 0.20 0.80
Agriculture 0.20 0.80
Suburban Commercial (SC)
Low Intensity Commercial Retail or Restaurant 0.35 0.20
Medium Intensity Commercial Retail or
Restaurant 0.25 0.20
High Intensity Commercial Retail or Restaurant 0.15 0.20
Office 0.40 0.20
Light Industrial 0.30 0.20
Institutional 0.30 0.20
Public Buildings/Uses 0.30 0.20
Commercial Recreation 0.25 0.20
Suburban Residential (SR)
Low Intensity Commercial Retail or Restaurant <2,500SF (per 130 -94) 0.50
Medium Intensity Commercial Retail or <2,5008F (per 130 -94) 0.50
Restaurant
Office <2,500SF (Per 130-94) 0.50
Institutional 0.25 0.50
Public Buildings/Uses 0.25 0.50
Commercial Recreation 025 0.50
Agriculture 0.25 0.50
Suburban Residential- Limited (SR -L) 0 0.50
0-29 0,8-0
040 040
Urban Commercial (UC)
Low Intensity Commercial Retail or Restaurant 0.45 0.20
Medium Intensity Commercial Retail or
Restaurant 0.40 0.20
High Intensity Commercial Retail or Restaurant 0.35 0.20
130 -188 Keith and Schnars, P.A.
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Monroe County Comprehensive Plan Update
• • .
accordance with scction 101 1; and
(ii) Receiver sitc /unit meets all of the following criteria:
(AA) The receiver sitc is located in thc same ROGO subarea as the sender sitc, with the
transferred from the Big Pine and No Name Kcy ROGO subarea to thc Lower Keys ROGO
sttbafeat
III A (special protection area) designated area w • • - . - . .. • - • .. - - -
(CC) Receiver unit shall not be constructed within a velocity (V) zone.
Gitc if:
. . • •
Y.. - . • _ 1 1
4
(BB) The receiver site is located in thc same ROGO subarea as thc sender site;
(c)e. Procedures for transfer off-site.
LU A pre - application conference and, at a minimum, a minor conditional use permit
approval shall be required for both the sender site and the receiver site. The minor
conditional use for the transfer shall be reviewed pursuant to standards in this subsection
(2) and not the standards provided in sSection 110 -67. As part of the minor conditional
use permit approval process, mailing of notice shall be required to owners of real
property located within IIIIIIILfeet of the receiver site and owners of real property
located within feet of the sender site. The receiver shall be posted in accordance
with sSections 110 -5(h) and 110 -69. Posting of notice, as required in sSection 110 -5(c€)
shall be required for the receiver site, but not the sender site.
(2)2 A sender unit shall be assigned a unique identifier number that shall be used for
tracking and monitoring by the Pplanning and Environmental Resources Ddepartment.
Multiple units to be transferred from a sender site to a single receiver site may be
authorized under a single minor conditional use permit approval. The unique identifier
number shall be itemized in the minor conditional use permit development orders and
building permits required for both the sender and receiver sites.
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Monroe County Comprehensive Plan Update
(d)d Conditions for issuance of permit. No building permit shall be issued for the new dwelling
unit, transient r°°' 1 unit or affordable housing unit on the receiver site until one of the
following conditions is met:
(1)-h The dwelling unit to be transferred is demolished as per an issued demolition permit
and a final inspection of the demolished or removed dwelling unit or space has been
completed and approved by all necessary county staff;
(2_12, The structure in which the dwelling unit to be transferred is located is converted to
another permitted use as per an issued building permit and a final certificate of occupancy
for the conversion has been issued; or
(3)3- Restoration of the sender site consistent with an approved restoration/re- vegetation
plan.
(e3) Nonresidential use. Nonresidential uses are not affected by residential ROGO.
(f4) Development not increasing hurricane evacuation times._Any applicant that can demonstrate
with a traffic study acceptable to county traffic engineers that thehis proposed development will
not increase hurricane evacuation times. All residential dwelling units to be located in the Ocean
Reef master planned communityEleveleffient are deemed not to increase hurricane evacuation
times.
(gg) Public /governmental uses._Public /governmental uses, including capital improvements and
public buildings, as are defined in sSection 101 -1 shall be exempt from the residential ROGO
system.
(h6) Other nonresidential development. Any other use, development, project, structure, building,
fence, sign or activity, which does not result in a new r°s'uwelling unit shall be exempt
from the residential ROGO system.
(i ;) Vested rights _Landowners with a valid, unexpired development of regional impact approval
granted by the county prior to July 13, 1992, shall be exempt from the residential ROGO system.
(j8) Temporary emergency housing. Temporary emergency housing shall be exempt from the
residential ROGO system pursuant to Section 103 -3.
Sec. 138 -23. Moratorium on nNew tTransient +*Units.
New transient residential units, such as hotel or motel rooms, or campground, recreational
vehicle or travel trailer spaces, shall not be eligible for residential ROGO allocations until May
1, 2022.
138 -8 Keith and Schnars, P.A.
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