Item P2Q/3
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: P.2
Agenda Item Summary #6521
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289-2506
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: The second of two required public hearings to consider an
ordinance by Monroe County Board of County Commissioners (BOCC) adopting amendments to the
Monroe County Land Development Code to amend Section 101-1 to create a definition for public
infrastructure and utilities; to amend the definition of public buildings and uses; and to amend the list
of permitted and conditional uses within Sections 130-74 through 130-103 to include public
infrastructure and utilities as an authorized use; providing for severability; providing for repeal of
conflicting provisions; providing for transmittal to the State Land Planning Agency and the
Secretary of State; providing for amendment to and incorporation in the Monroe County Land
Development Code; providing for an effective date.
ITEM BACKGROUND: The County is undertaking sustainability and drainage projects, and it has
encountered situations where there is not enough space within the right-of-way to accommodate the
needed infrastructure. On June 19, 2019, at a regular meeting, the BOCC directed staff to amend the
Land Development Code to allow stormwater infrastructure within the various residential zoning
districts. The text amendment will allow for needed infrastructure outside of the right-of-way,
particularly for the drainage, water quality, flooding, and pilot sea level programs that the County is
undertaking.
Text amendments are proposed to Section 101-1 to create a definition for public infrastructure and
utilities; to amend the definition of public buildings and uses; and to amend the list of permitted and
conditional uses within Sections 130-74 through 130-103 to include public infrastructure and utilities
as an authorized use. The proposed amendments implement the 2030 Comprehensive Plan,
particularly the provisions of the Energy and Climate Element.
Public infrastructure and utilities are generally proposed as a permitted use, except it has been added
as a minor conditional use within Conservation, Mainland Native, Native Area and Offshore Island
zoning districts. The use is not proposed to be included within the Preservation zoning district. A
requirement for a vegetative buffer and a possible fencing requirement are included within the
zoning districts.
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Example of the proposed amendment:
PREVIOUS RELEVANT BOCC ACTION:
On June 16, 2016, the BOCC accepted the Monroe County GreenKeys Sustainability Action Plan.
The plan provided 165 recommendations and a 5-year Work Plan containing 181 projects, designed
to place the County on a proactive path towards increased sustainability through mitigation and
overall resilience to climate change and sea level rise.
On June 19, 2019, at a regular meeting, the BOCC approved incorporating a Sea Level
Rise/Stormwater Master Plan into the GreenKeys Sustainability Action and Resilience Plan, as part
of the GreenKeys 5-Year Work Plan and to adopt the Sea Level Rise/Stormwater Master Plan
(Watershed Management Plan).
On June 19, 2019, at a regular meeting, the BOCC directed staff to amend the Land Development
Code to allow stormwater infrastructure within the various residential zoning districts. The text
amendment will allow for needed infrastructure outside of the right-of-way, particularly for the
drainage, water quality, flooding, and pilot sea level programs that the County is completing.
On August 21, 2019, at a regular meeting, the BOCC re-adopted the Sea Level Rise/Watershed
Management Plan into the GreenKeys! Sustainability Action and Resilience Plan and the Sea Level
Rise/Watershed Management Plan, dated August 2019, to add more structure data to the report for a
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more complete inventory of County and FDOT owned and operated structures as well as their future
impacts.
On January 22, 2020, at a regular meeting, the BOCC voted to hold the second hearing for the
proposed amendment at 1:30 PM or soon thereafter.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Staff recommends approval.
DOCUMENTATION:
BOCC Ordinance_public infrastructure REV 2 3 20
BOCC_SR_public infrastructure
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required: N/A
Additional Details:
n/a
REVIEWED BY:
Cheryl Cioffari Completed 01/26/2020 5:44 PM
Emily Schemper Completed 01/30/2020 10:24 AM
Assistant County Administrator Christine Hurley Completed
01/30/2020 2:40 PM
Steve Williams Completed 01/31/2020 10:19 AM
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Budget and Finance Completed 01/31/2020 3:41 PM
Maria Slavik Completed 02/03/2020 10:19 AM
Kathy Peters Completed 02/03/2020 3:44 PM
Board of County Commissioners Pending 02/19/2020 9:00 AM
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1
2
3
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. XXX-2020
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO THEMONROE COUNTY
12 LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO CREATE A
13 DEFINITION FOR PUBLIC INFRASTRUCTURE ANDUTILITIES; TO AMEND
14 THE DEFINITION OF PUBLIC BUILDINGS AND USES; AND TO AMEND THE
15 LIST OF PERMITTED AND CONDITIONAL USES WITHIN SECTIONS 130-74
16 THROUGH 130-103 TO INCLUDE PUBLIC INFRASTRUCTURE AND
17 UTILITIES AS AN AUTHORIZED USE; PROVIDING FOR SEVERABILITY;
18 PROVIDING FOR REPEALOF CONFLICTING PROVISIONS; PROVIDING
19 FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
20 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
21 INCORPORATION IN THEMONROE COUNTY LAND DEVELOPMENT
22 CODE; PROVIDING FOR AN EFFECTIVE DATE. (FILE 2019-126)
23
24
25 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
26 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the health,
27 safety, and welfare of the County’s citizens; and
28
29 WHEREAS,on June 16, 2016,theBoard of County Commissioners (BOCC) accepted the
30 Monroe County GreenKeys Sustainability Action Plan, with165 recommendations and a 5-year Work
31 Plan containing 181 projects, designed to place the County on a proactive path towards increased
32 sustainability through mitigation and overall resilience to climate change and sea level rise; and
33
34 WHEREAS,the GreenKeys Sustainability Action Plan includes projects to conduct a feasibility
35 study for enhanced stormwater and tidewater criteria; incorporate sustainable practices and design into
36 land development regulations such as increasing stormwater infiltration; establish mitigation as a priority
37 in the near term including engineering interventions to keep tidal water from entering onto the road
38 surface while maintaining stormwater drainage; and sea level rise programs; and
39
40 WHEREAS,the County's updated land development code became effective on February 3, 2017;
41 and
42
43 WHEREAS,the updated land development codedoes not specify that public infrastructure and
44 utilities are authorized uses within Sections 130-74 through 130-103; and
45
46 WHEREAS,on June 19, 2019, the BOCC approved incorporating a Sea Level Rise/Stormwater
47 Master Plan into the GreenKeys Sustainability Action and Resilience Plan, as part of the GreenKeys 5-
48 Year Work Plan and to adopt the Sea Level Rise/Stormwater Master Plan (Watershed Management Plan);
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1 and
2
3 WHEREAS, onAugust 21, 2019, at a regular meeting, the BOCC re-adopted the Sea Level
4 Rise/Watershed Management Plan into the GreenKeys! Sustainability Action and Resilience Plan and the
5 Sea Level Rise/Watershed Management Plan, dated August 2019, to add morestructure data to the report
6 for a more complete inventory of County and FDOT owned and operated structures as well as their future
7 impacts; and
8
9 WHEREAS,the C ounty is undertaking sustainability and drainage projects andhas encountered
10 situations where there isn’t enough space within the right-of-way to accommodate the needed
11 infrastructure; and
12
13 WHEREAS; on June 19, 2019, the BOCC directed staff to amend the Land Development Code to
14 allow stormwater infrastructure within the various residential zoning districts; and
15
16 WHEREAS,onOctober 29, 2019, the Monroe County Development Review Committee (DRC)
17 reviewed the proposed amendment; and
18
19 WHEREAS,at a regularly scheduled meeting held onDecember 18,2019the Monroe County
20 Planning Commission held a public hearing for the purpose of considering the proposed amendment and
21 provided for public comment; and
22
23 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P59-19
24 recommending approvalforthe proposedamendment; and
25
26 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
27 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
28 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
29 development; and
30
31 WHEREAS, at a regularly scheduled meeting held on theJanuary 22, 2020, the Monroe County
32 Board of County Commissioners held the first of twopublic hearings,provided for public comment and
33 public participation in accordance with the requirements of state law and the procedures adopted for
34 public participation in the planning process, and votedto hold the second hearing for the proposed
35 amendment at 1:30 PM or soon thereafteron February 19, 2020; and
36
37 WHEREAS, at a regularly scheduled meeting held on theFebruary 19, 2020, the Monroe County
38 Board of County Commissioners held the second of twopublic hearings,considered the staff report, and
39 provided for public comment and public participation in accordance with the requirements of state law
40 and the procedures adopted for public participation in the planning process; and
41
42 WHEREAS, based upon the documentation submitted and information provided in the
43 accompanying staff report, the Monroe County Board of County Commissioners makes the following
44 Conclusions of Law:
45
46 1.The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
47 County Year 2030 Comprehensive Plan; and
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1 2.The proposed amendment is consistent with the Principles for Guiding Development for the
2 Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
3 3.The proposed amendment is consistent with Part II of Chapter163, Florida Statute; and
4 4.The proposed amendment is necessary due to new issues and the need for additional detail or
5 comprehensiveness, as required by Section 102-158 of the Monroe County Code.
6
7
8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
9 OF MONROE COUNTY, FLORIDA:
10
11 Section 1. The Monroe County Land Development Code is hereby amended as follows:
12
Proposed Amendment (deletions are stricken through; additions are shown in underlined).
13
14 Sec. 101-1. -Definitions.
15 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in
16 this section, except where the context clearly indicates a different meaning:
17
18 Qvcmjd!jogsbtusvduvsf!boe!vujmjujft!means public infrastructure for the provision, distribution and
19 transmission of gas, water supply systems, electric power production systems, stormwater management
20 systems, water quality treatment systems, telecommunications systems and all accessories thereto. Floor
21 arearatios (FAR) shall not be applied to enclosed public infrastructure and utility structures, utility
22 boxes/cabinets, transformers, generators, control systems, pumps, wells, mains, pipes, lines, valves, cables,
23 utility tunnels, power lines, poles, tracks, or the like.
24
25 Qvcmjd!cvjmejoht!boe!vtft!means uses, structuresor facilities operated by a governmental agency, including
26 publicly and privately owned utilities, that provide services to the immediate vicinity in which the use is
27 located.
28
29 Chapter 130 -LAND USE DISTRICTS
30
31 ARTICLE III. -PERMITTED AND CONDITIONAL USES
32
33 Sec. 130-74. -General.
34 (a) No structure or land in the county shall hereafter be developed, used or occupied unless expressly
35 authorized in a land use district in this article.
36 (b) Notwithstanding any provision of this article, all development listed as a conditional use within a
37 master planned community of 100 or more acres in area shall be reviewed and processed as a use
38 permitted as of right. In such cases, a pre-application conference shall be required prior to the
39 submittal of a permit application for development approval.
40 (c) Accessory uses as permitted within each land use district shall be consistent with the definition of
41 accessory uses as set forth in section 101-1.
42
43 Sec. 130-75. -Airport District (AD).
44 (a) The following uses are permitted as of right in the Airport district:
45 (1) At public airports: Public airport uses;
46 (2) At private airports: Noncommercial aircraft landing, takeoff, storage, repair, maintenance and
47 fueling, provided that;
48 a. Effective landing length shall be no less than 1,800 feet;
49 b. Primary surface width shall be no less than 100 feet; and
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1 c. Usable width shall be no less than 50 feet.
2 (3) Accessory uses;
3 (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
4 (5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
5 (6) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
6 (7) Public infrastructureand utilities.
7
8 *****
9
10 Sec. 130-76. -Conservation District (CD).
11 (a) The following uses are permitted as of right in the Conservation district, pursuant to the standards and
12 procedures set forth in chapter 110, article II:
13 (1) Passive recreational uses;
14 (2) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
15 (3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
16 146-5(f).
17 (b) The following uses are permitted as minor conditional uses in the Conservation district, pursuant to
18 the standards and procedures set forth in chapter 110, article III:
19 (1) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
20 pursuant to section 146-5(f).; and
21 (2) Public infrastructure and utilities, provided that:
22 a. The parcel(s) proposed for development shall be separated from any established residential use
23 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
24 required on all propertylines adjacent to an established residential principal use to screen the
25 use from view.
26 b. A solid fence may be required upon determination by the Planning Director.
27
28 Sec. 130-77. -Commercial Fishing Area District (CFA).
29 (a) The following uses are permitted as of right in the Commercial Fishing Area district:
30 (1) Commercial fishing;
31 (2) Accessory uses;
32 (3) Replacement of an existing antenna-supporting structurepursuant to section 146-5(b);
33 (4) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
34 (5) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
35 146-5(f); and
36 (6) Home occupations—Special use permit required; commercial fishing does not require a special
37 use permit.; and
38 (7) Public infrastructure and utilities, provided that:
39 a. The parcel(s) proposed for development shall be separated from any established residential use
40 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
41 required on all property lines adjacent to an established residential principal use to screen the
42 use from view.
43 b. A solid fence may be required upon determination by the Planning Director.
44
45 *****
46 Sec. 130-78. -Reserved.
47
48 Sec. 130-79. -Commercial Fishing Special District (CFSD).
49 The following uses are permitted in the Commercial Fishing Special Districts:
50 (a) CFSD 1 (located on Big Pine).
51 (1) The following uses are permitted as of right in Commercial Fishing Special District 1,
52 subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp:
53 a. Commercial fishing;
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1 b. Detached dwellings;
2 c. Accessory uses;
3 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
4 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
5 section 146-5(f);
6 f. Home occupations—Special use permit required; commercial fishing does not require a
7 special use permit; and
8 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
9 h. Public infrastructure and utilities, provided that:
10 a. The parcel(s) proposed for development shall be separated from any established
11 residential use by a class C bufferyard. As determined by the Planning Director, the
12 bufferyard may be required on all property lines adjacent to an established residential
13 principal use to screen the usefrom view.
14 b. A solid fence may be required upon determination by the Planning Director.
15
16 (b) CFSD 2 (located on No Name Key).
17 (1) The following uses are permitted as of right in Commercial Fishing Special District 2:
18 a. Commercial fishing;
19 b. Detached dwellings;
20 c. Accessory uses;
21 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
22 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
23 section 146-5(f);
24 f. Home occupations—Special use permit required; commercial fishing does not require a
25 special use permit; and
26 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
27 h. Public infrastructure and utilities, provided that:
28 a. The parcel(s) proposed for development shall be separated from any established
29 residential use by a class C bufferyard. As determined by the Planning Director, the
30 bufferyard may be required on all property lines adjacent to an established residential
31 principal use to screen the use from view.
32 b. A solid fence may be required upon determination by the Planning Director.
33
34 *****
35 (c) CFSD 4 (located on Long Key).
36 (1) The following uses are permitted as of right in Commercial Fishing Special District 4:
37 a. Commercial fishing;
38 b. Accessory uses;
39 c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
40 d. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
41 e. Attached wireless communications facilities, as accessory uses, pursuant to section 146-
42 5(d);
43 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
44 section 146-5(f);and
45 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
46 h. Public infrastructure and utilities, provided that:
47 a. The parcel(s) proposed for development shall be separated from any established
48 residential use by a class C bufferyard. As determined by the Planning Director, the
49 bufferyard may be required on all property lines adjacent to an established
50 residential principal use to screen the use from view.
51 b. A solid fence may be required upon determination by the Planning Director.
52
53 *****
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1 (d) CFSD 5 (located on Key Largo).
2 (1) The following uses are permitted as of right in Commercial Fishing Special District 5:
3 a. Commercial fishing;
4 b. Commercial retail, limited to fish houses;
5 c. Detached dwellings;
6 d. Accessory uses;
7 e. Institutional uses;
8 f. Institutional residential uses, involving less than ten dwelling units or rooms;
9 g. Public buildings and uses;
10 h. Attached dwellings of less than six units, designated as employee housing as provided
11 for in section 139-1;
12 i.Commercial apartments involving less than six dwelling units;
13 j.Light industrial uses, limited to marine repair services, including engine and fishing gear
14 repair, provided that such uses are intended only to serve the needs of the commercial
15 fishing industry;
16 k. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
17 l.Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
18 m. Attached wireless communications facilities, as accessoryuses, pursuant to section
19 146-5(d);
20 n. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
21 section 146-5(f);
22 o. Home occupations—special use permit required; commercial fishing does not require a
23 special use permit;and
24 p. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
25 q. Public infrastructure and utilities, provided that:
26 a. The parcel(s) proposed for development shall be separated from any established
27 residential use by a class C bufferyard. As determined by the Planning Director, the
28 bufferyard may be required on all property lines adjacent to an established residential
29 principal use to screen the use from view.
30 b. A solid fence may be required upon determination by the Planning Director.
31
32 *****
33 (e) CFSD 6 (located on Boca Chica):
34 (1) The following uses are permitted as of right in Commercial Fishing Special District 6:
35 a. Commercial fishing;
36 b. Accessory uses;
37 c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
38 d. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
39 e. Attached wireless communications facilities, as accessory uses, pursuant to section 146-
40 5(d);
41 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
42 section 146-5(f); and
43 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
44 h. Public infrastructure and utilities, provided that:
45 a. The parcel(s) proposed for development shall be separated from any established
46 residential use by a class C bufferyard. As determined by the Planning Director, the
47 bufferyard may be required on all property linesadjacent to an established residential
48 principal use to screen the use from view.
49 b. A solid fence may be required upon determination by the Planning Director.
50
51 *****
52 (f)CFSD 7 (located on Boca Chica):
53 (1) The following uses are permitted as of right in Commercial Fishing Special District 7:
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1 a. Light and heavy industrial uses, limited to boat building, repair and storage and other
2 maritime-oriented industrial uses;
3 b. Maritime-oriented commercial retail, office, or restaurant uses, or any combination
4 thereof, of less than 5,000 square feet of floor area;
5 c. Commercial fishing;
6 d. Institutional uses;
7 e. Public buildings and uses;
8 f. Accessory uses;
9 g. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
10 h. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
11 i.Attached wireless communications facilities, as accessory uses, pursuant to section 146-
12 5(d);
13 j.Satellite earthstations less than two meters in diameter, as accessory uses, pursuant to
14 section 146-5(f); and
15 k. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
16 l. Public infrastructure and utilities, provided that:
17 a. The parcel(s) proposed for development shall be separated from any established
18 residential use by a class C bufferyard. As determined by the Planning Director, the
19 bufferyard may be required on all property lines adjacent to an established
20 residential principal use to screen the use from view.
21 b. A solid fence may be required upon determination by the Planning Director.
22
23 *****
24 (g) CFSD 8 (located on Big Pine):
25 (1) The following uses are permitted as of right in Commercial Fishing Special District 8:
26 a. Commercial fishing, provided a class C bufferyard is provided along the boundary of
27 CFSD 8 with any residential land use district;
28 b. Detached dwellings;
29 c.Accessory uses;
30 d. Home occupations -special use permit required; commercial fishing does not require a
31 special use permit;
32 e. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
33 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
34 section 146-5(f); and
35 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
36 h. Public infrastructure and utilities, provided that:
37 a. The parcel(s) proposed for development shall be separated from any established
38 residential use by a class C bufferyard. As determined by the Planning Director, the
39 bufferyard may be required on all property lines adjacent to an established residential
40 principal use to screen the use from view.
41 b. A solid fence may be required upon determination by the Planning Director.
42
43 *****
44 (h) CFSD 12 (located on Big Pine):
45 (1) The following uses are permitted as of right in Commercial Fishing Special District 12:
46 a.Commercial fishing, provided the use does not involve a vessel that draws more than six
47 feet of water;
48 b. Detached dwellings;
49 c. Accessory uses;
50 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
51 e. Satelliteearth stations less than two meters in diameter, as accessory uses, pursuant to
52 section 146-5(f);
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1 f. Home occupations special use permit required; commercial fishing does not require a
2 special use permit; and
3 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
4 h. Public infrastructure and utilities, provided that:
5 a. The parcel(s) proposed for development shall be separated from any established
6 residential use by a class C bufferyard. As determined by the Planning Director, the
7 bufferyard may be required on all property lines adjacent to an established residential
8 principal use to screen the use from view.
9 b. A solid fence may be required upon determination by the Planning Director.
10
11 *****
12 (i) CFSD 13 (located on Summerland Key):
13 (1) The following uses are permitted as of right in Commercial Fishing Special District 13:
14 a. Commercial fishing, provided the use does not involve a vessel that draws more than six
15 feet of water;
16 b. Detached dwellings;
17 c. Accessory uses;
18 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
19 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
20 section 146-5(f);
21 f. Home occupations -special use permit required; commercial fishing does not require a
22 special use permit; and
23 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
24 h. Public infrastructure and utilities, provided that:
25 a. The parcel(s) proposed for development shall be separated from any established
26 residential use by a class C bufferyard. As determined by the Planning Director, the
27 bufferyard may be required on all property lines adjacent to an established residential
28 principal use to screen the usefrom view.
29 b. A solid fence may be required upon determination by the Planning Director.
30
31 *****
32 (j) CFSD 16 (located on Conch Key):
33 (1) The following uses are permitted as of right in Commercial Fishing Special District 16:
34 a. Commercial fishing;
35 b. Accessory uses;
36 c. Mobile homes;
37 d. Detached dwellings;
38 e. Vacation rental use if a special vacation rental permit is obtained in accordance with
39 section 134-1.
40 f. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
41 g. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
42 section 146-5(f);
43 h. Home occupations -special use permit required; commercial fishing does not require a
44 special use permit; and
45 i.Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
46 j. Public infrastructure and utilities, provided that:
47 a. The parcel(s) proposed for development shall be separated from any established
48 residential use by a class C bufferyard. As determined by the Planning Director, the
49 bufferyard may be required on all property lines adjacent to an established residential
50 principal use to screen the use from view.
51 b. A solid fence may be required upon determination by the Planning Director.
52
53 *****
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1 (k) CFSD 17 (located on Old Boca Chica Road):
2 (1) The following uses are permitted as of right in Commercial Fishing Special District 17:
3 a. Commercial fishing, provided the use does not involve a vessel that draws more than
4 two feet of water and the vessels are restricted to outboard engines only;
5 b. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
6 c. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
7 d. Attached wireless communications facilities, as accessory uses, pursuant to section 146-
8 5(d);
9 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
10 section 146-5(f);
11 f. Home occupations -special use permit required; commercial fishing does not require a
12 special use permit; and
13 g. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
14 h. Public infrastructure and utilities, provided that:
15 a. The parcel(s) proposed for development shall be separated from any established
16 residential use by a class C bufferyard. As determined by the Planning Director, the
17 bufferyard may be required on all property lines adjacent to an established
18 residential principal use to screen the use from view.
19 b. A solid fence may be required upon determination by the Planning Director.
20
21
22 *****
23 (l) CFSD 20 (located on Little Torch Key):
24 (1) The following uses are permitted as of right in Commercial Fishing Special District 20:
25 a. Commercial fishing, provided the use does not involve a vessel that draws more than
26 three (3) feet of water;
27 b. Commercial retail uses, limited to wholesalesales of catch;
28 c. Detached dwellings;
29 d. Replacement of mobile homes existing as of July 18, 1995 (adoption of Ordinance 026-
30 1995);
31 e. Accessory uses;
32 f. Replacement of docks in existence as of July 18, 1995 (adoption of Ordinance 026-
33 1995);
34 g. Home occupations -special use permit required; commercial fishing does not require a
35 special use permit;
36 h. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
37 i.Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
38 section 146-5(f); and
39 j.Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
40 k. Public infrastructure and utilities, provided that:
41 a. The parcel(s) proposed for development shall be separated from any established
42 residential use by a class C bufferyard. As determined by the Planning Director, the
43 bufferyard may be required on all property lines adjacent to an established residential
44 principal use to screen the use from view.
45 b.A solid fence may be required upon determination by the Planning Director.
46
47 *****
48
49 Sec. 130-80. -Commercial Fishing Village District (CFV).
50 (a) The following uses are permitted as of right in the commercial fishing village district:
51 (1) Commercial fishing;
52 (2) Detached dwellings;
53 (3) Accessory uses;
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1 (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
2 (5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
3 (6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
4 146-5(f); and
5 (7) Home occupations—Special use permit required; commercial fishing does not require a special
6 use permit.; and
7(8) Public infrastructure and utilities, provided that:
8 a. The parcel(s) proposed for development shall be separated from any established residential
9 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
10 required on all property lines adjacent to an established residential principal use to screen the
11 use from view.
12 b. A solid fence may be required upon determination by the Planning Director.
13
14 *****
15
16 Sec. 130-81. -Destination Resort District (DR).
17 (a) The following uses are permitted as of right in the Destination Resort district:
18 (1) Detached dwellings;
19 (2) Vacation rental use if a special vacation rental permit is obtained under the regulations
20 established in section 134-1;
21 (3) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
22 (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
23 (5) Attached wirelesscommunications facilities, as accessory uses, pursuant to section 146-5(d);
24 (6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);and
25 (7) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
26 (8) Public infrastructure and utilities, provided that:
27 a. The parcel(s) proposed for development shall be separated from any established residential
28 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
29 required on all property lines adjacent to an established residential principal use to screen the
30 use from view.
31 b. A solid fence may be required upon determination by the Planning Director.
32
33 *****
34
35 Sec. 130-82. -Industrial District (I).
36 (a) The following uses are permitted as of right in the Industrial district:
37 (1) Restaurants of less than 5,000 square feet of floor area;
38 (2) Office uses of less than 5,000 square feet of floor area;
39 (3) Attached and detached dwellings involving less than six units, designated as employee housing
40 as provided for in section 139-1;
41 (4) Commercial apartments involving less than six dwelling units;
42 (5) Commercial fishing;
43 (6) Institutional uses;
44 (7)Light industrial uses;
45 (8) Public buildings and uses;
46 (9) Accessory uses;
47 (10) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
48 (11) Collocations on existing antenna-supporting structures, pursuant to section146-5(c);
49 (12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
50 (13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
51 (14) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
52 (15) Public infrastructure and utilities, provided that:
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1 a. The parcel(s) proposed for development shall be separated from any established residential
2 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
3 required on all property lines adjacent to an established residential principal use to screen the
4 use from view.
5 b. A solid fence may be required upon determination by the Planning Director.
6
7 *****
8
9 Sec. 130-83. -Improved Subdivision District (IS).
10 (a) The following uses are permitted as of right in the improved subdivision district:
11 (1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all
12 types;
13 (2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only detached
14 dwellings of masonry appearance;
15 (3) IS-D: In those improved subdivision districts with a D subdistrict indicator:
16 a. Detached dwellings; and
17 b. Duplexes;
18 (4) Home occupations—Special use permit required;
19 (5) Accessory uses;
20 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
21 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuantto section
22 146-5(f); and
23 (8) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
24 (9) Public infrastructure and utilities, provided that:
25 a. The parcel(s) proposed for development shall be separated from any established residential use
26 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
27 on all property lines adjacent to an established residential principal use to screen the use from
28 view.
29 b. A solid fence may be required upon determination by the Planning Director.
30
31 *****
32
33 Sec. 130-85. -Maritime Industries District (MI).
34 (a) The following uses are permitted as of right in the maritime industries district:
35 (1) Light industrial uses;
36 (2) Commercial retail, restaurant uses, or any combination thereof, of less than 5,000 square feet of
37 floor area;
38 (3) Office uses of less than 5,000 square feet of floor area;
39 (4) Heavy industrial uses;
40 (5) Commercial apartments involving less than six dwelling units, but tourist housing uses, vacation
41 rental use, of commercial apartments is prohibited;
42 (6) Attached and detached dwellings involving less than six units, designated as employee housing
43 as provided for in section 139-1;
44 (7) Commercial fishing;
45 (8) Institutional uses;
46 (9) Public buildings and uses;
47 (10) Accessory uses;
48 (11) Vacation rental use of any nonconforming dwelling units if a special vacation rental permit is
49 obtained under the regulations established in section 134-1;
50 (12) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
51 (13) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
52 (14) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
53 (15) Stealth wireless communications facilities, as accessoryuses, pursuant to section 146-5(e); and
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1 (16) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
2 (17) Public infrastructure and utilities, provided that:
3 a. The parcel(s) proposed for development shall be separated from any established residential
4 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
5
required on all property lines adjacent to an established residential principal use to screen the
6 use from view.
7 b. A solid fence may be required upon determination by the Planning Director.
8
9 *****
10
11 Sec. 130-86. -Military Facilities District (MF).
12 (a) The following uses are permitted as of right in the military facilities district:
13 (1) Detached dwellings;
14 (2) Attached dwellings;
15 (3)Commercial retail and restaurant uses;
16 (4) Institutional uses;
17 (5) Institutional residential;
18 (6) Offices;
19 (7) Public buildings or uses;
20 (8) Airports;
21 (9) Accessory uses;
22 (10) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
23 (11) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
24 (12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
25 (13) Satellite earth stations, as accessory uses, pursuant to section 146-5(f); and
26 (14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e).;
27 and
28 (15) Public infrastructure and utilities, provided that:
29 a. The parcel(s) proposed for development shall be separated from any established residential
30 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
31 required on all property lines adjacent to an established residential principal use to screen the
32
use from view.
33 b. A solid fence may be required upon determination by the Planning Director.
34
35 *****
36
37 Sec. 130-87. -Mainland Native Area District (MN).
38 All development permitted in the mainland native area district shall comply with applicable rules and
39 regulations of the Big Cypress National Preserve.
40 (a) The following uses are permitted as of right in the mainland native area district:
41 (1) Detached dwellings;
42 (2) Beekeeping;
43 (3) Accessory uses;
44 (4) Home occupations—Special use permit required;
45 (5) Tourist housing uses, including vacation rental uses, are prohibited;
46 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
47 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
48 section 146-5(f).
49 (b) The following uses are permitted as minor conditional uses in theMainland Native Area district,
50 subject to the standards and procedures set forth in chapter 110, article III:
51 (1) Educational and research centers, including campground spaces, provided that:
52 a. No more than two camping spaces are provided per acre;
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1 b. No development of any kind is permitted in wetlands, except unenclosed, elevated
2 structures on pilings or poles;
3 c. No buildings are permitted, enclosed or otherwise except for buildings devoted to
4 educational, research or sanitary purposes of no more than 1,000 square feet per acre
5 and not more than 10,000 square feet in any single campground; and
6 d. The site proposed for the center is at least five acres.
7(2) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
8 pursuant to section 146-5(f).; and
9 (3) Public infrastructure and utilities, provided that:
10 a. The parcel(s) proposed for development shall be separated from any established residential
11 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
12 required on all property lines adjacent to an established residential principal use to screen the
13 use from view.
14 b. A solid fence may be required upon determination by the Planning Director.
15
16 Sec. 130-88. -Mixed Use District (MU).
17 (a) The following uses are permitted as of right in the mixed use district:
18 (1) Detached dwellings;
19 (2) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
20 intensity, and of less than 2,500 square feet of floor area;
21 (3) Institutional residential uses, involving less than ten dwelling units or rooms;
22 (4) Commercial apartments involving less than six dwelling units, but tourist housing use, including
23 vacation rental use, of commercial apartments is prohibited;
24 (5) Commercial recreational uses limited to:
25 a. Bowling alleys;
26 b. Tennis and racquet ball courts;
27 c. Miniature golf and driving ranges;
28 d. Theaters;
29 e. Health clubs; and
30 f. Swimming pools;
31 (6) Commercial fishing;
32 (7) Institutional uses;
33 (8) Public buildings and uses;
34 (9) Home occupations—Special use permit required;
35 (10) Parks;
36 (11) Accessory uses;
37 (12) Vacation rental use of detached dwelling units is permitted if a special vacation rental permit is
38 obtained under the regulations established in section 134-1;
39 (13) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
40 (14) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
41 (15) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
42 (16) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
43 (17) Satellite earth stations less thantwo meters in diameter, as accessory uses, pursuant to section
44 146-5(f);
45 (18) Attached and detached dwellings involving less than six units, designated as employee housing
46 as provided for in section 139-1; and
47 (19) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
48 (20) Public infrastructure and utilities, provided that:
49 a. The parcel(s) proposed for development shall be separated from any established residential
50 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
51 required on all property lines adjacent to an established residential principal use to screen the
52 use from view.
53 b. A solid fence may be required upon determination by the Planning Director.
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1
2 *****
3
4 Sec. 130-89. -Native Area District (NA).
5 (a) The following uses are permitted as of right in the native area district:
6 (1) Detached dwellings;
7 (2) Beekeeping;
8 (3) Home occupations—Special use permit required;
9 (4) Accessory uses;
10 (5) Tourist housing uses, including vacation rental uses, are prohibited;
11 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
12 (7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); and
13 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
14 146-5(f).
15 (b) The following uses are permitted as minor conditional uses in the native area district, subject to the
16 standards and procedures set forth in chapter 110, article III:
17 (1) Attached dwelling units, provided that:
18 a. The total number of units does not exceed four; and
19 b. The structures are designed and located so that they are visually compatible with established
20 residential development within 250 feet of the parcel proposed for development;
21 (2) Public buildings and uses, provided that:
22 a. The parcel proposed for development is separated from any established residential use by a
23 class C bufferyard; and
24 b. The parcel proposed for development is at least two acres;
25 (3) Agricultural uses, provided that:
26 a. The use is compatible with land uses established in the immediate vicinity of the parcel
27 proposed for development;
28 b. The parcel proposed for development is separated from any established residential uses by at
29 least a class C bufferyard; and
30 c. All outside storage areas are screened from adjacent uses by a solid fence, wall of hedge of at
31 least six feet in height;
32 (4) Parks (passive);
33 (5) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
34 (6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
35 (7) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
36 pursuant to section 146-5(f).; and
37 (8) Public infrastructure and utilities, provided that:
38 a. The parcel(s) proposed for development shall be separated from any established residential use
39 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
40 on all property lines adjacent to an established residential principal use to screen the use from
41 view.
42 b. A solid fence may be required upon determination by the Planning Director.
43
44 *****
45
46 Sec. 130-90. -Offshore Island District (OS).
47 (a) The following uses are permitted as of right in the offshore island district:
48 (1) Detached dwellings;
49 (2) Camping, for the personal use of the owner of the property on a temporary basis;
50 (3) Beekeeping;
51 (4) Accessory uses;
52 (5) Home occupations—Special use permit required;
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1 (6) Tourist housing uses that were established (and held valid state public lodging establishment
2 licenses) prior to January 1, 1996. Vacation rental use, of a dwelling unit in existence as of
3 January 1, 2000, if a specialvacation rental permit is obtained under the regulations established in
4 section 134-1;
5 (7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
6 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
7 146-5(f).
8 (b) The following is permitted as a minor conditional use in the offshore island district (OS), subject to
9 the standards and procedures set forth in chapter 110, article III:
10 (1) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
11 pursuant to section 146-5(f).; and
12 (2) Public infrastructure and utilities, provided that:
13 a. The parcel(s) proposed for development shall be separated from any established residential use
14 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
15 on all property lines adjacent to an established residential principal use to screen the use from
16 view.
17 b. A solid fence may be required upon determination by the Planning Director.
18
19 Sec. 130-91. -Park and Refuge District (PR).
20 (a) The following uses are permitted as of right in the park and refuge district:
21 (1) Parks;
22 (2) Institutional uses;
23 (3) Public buildings and uses;
24 (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
25 (5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
26 (6) Attached wireless communications facilities as accessory uses, pursuant to section 146-5(d); and
27 (7) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
28 (8) Public infrastructure and utilities, provided that:
29 a. The parcel(s) proposed for development shall be separated from any established residentialuse
30 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
31 required on all property lines adjacent to an established residential principal use to screen the
32
use from view.
33 b. A solid fence may be required upon determinationby the Planning Director.
34
35 *****
36
37 Sec. 130-92. -Recreational Vehicle District (RV).
38 (a) The following uses are permitted as of right in the recreational vehicle district:
39 (1) Recreational vehicle parks. RV spaces are intended for use by traveling recreational vehicles.
40 RV spaces may be leased, rented or occupied by a specific, individual recreational vehicle, for a
41 term of less than 28 days, but placement of a specific, individual recreational vehicle (regardless
42 of vehicle type or size) within a particular RV park for occupancies or tenancies of six months or
43 more is prohibited. Recreational vehicles may be stored, but not occupied, for periods of six
44 months or greater only in an approved RV storage area (designated on a site plan approved by the
45 director of planning) or in another appropriate district that allows storage of recreational vehicles.
46 RV storage areas must meet all land development regulations, floodplain management regulations
47 and building code requirements for storage of recreational vehicles;
48 (2) Commercial retail, restaurant uses, or any combination thereof, of less than 2,500 square feet of
49 floor area;
50 (3) Accessory uses;
51 (4) Commercial apartments. However, there shall be no more than one commercial apartment unit
52 per three (3) RV spaces up to ten percent (10%) of total spaces allowed or in existence;
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1 (5) Vacation rental use of nonconforming detached and attached dwelling units constructed prior to
2 February 16, 2011, if a special vacation rental permit is obtained where necessary under the
3 regulations established in section 134-1;
4 (6) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
5 (7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c)
6 "Collocations on existing supporting structure"; and
7(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
8 146-5(f) "Satellite earth stations."; and
9 (9) Public infrastructure and utilities, provided that:
10 a. The parcel(s) proposed for development shall be separated from any established RV use by a
11 class C bufferyard. As determined by the Planning Director, the bufferyard may be required on
12 all property lines adjacent to an established RV principal use to screen the use from view.
13 b. A solid fence may be required upon determination by the Planning Director.
14
15 *****
16
17 Sec. 130-93. -Suburban Commercial District (SC).
18 (a) The following uses are permitted as of right in the Suburban Commercial district:
19 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
20 intensity, and of less than 2,500 square feet of floor area;
21 (2) Institutional residential uses, involving less than ten dwelling units or rooms;
22 (3) Commercial apartments involving less than six dwelling units;
23 (4) Commercial recreation uses limited to:
24 a. Bowling alleys;
25 b. Tennis and racquet ball courts;
26 c. Miniature golf and driving ranges;
27 d. Theaters;
28 e. Health clubs; and
29 f. Swimming pools;
30 (5) Institutional uses;
31 (6) Public buildings and uses;
32 (7) Accessory uses;
33 (8) Vacation rental use of nonconforming detached and attached dwelling units, if a special vacation
34 rental permit is obtained under the regulations established in section 134-1;
35 (9) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
36 (10) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
37 (11) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
38 (12) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
39 (13) Satellite earth stations, as accessory uses, pursuant to section 146-5(f);
40 (14) Attached and detached dwellings involving less than six units, designated as employee housing
41 as provided for in section 139-1; and
42 (15) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
43 (16) Public infrastructure and utilities, provided that:
44 a. The parcel(s) proposed for development shall be separated from any established residential
45 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
46 required on all property lines adjacent to an established residential principal use to screen the
47 use from view.
48 b. A solid fencemay be required upon determination by the Planning Director.
49
50 *****
51
52 Sec. 130-94. -Suburban Residential District (SR).
53 (a) The following uses are permitted as of right in the suburban residential district:
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1 (1) Detached dwellings;
2 (2) Parks, excluding tennis courts and swimming pools;
3 (3) Beekeeping;
4 (4) Home occupations—Special use permit required;
5 (5) Accessoryuses;
6 (6) Vacation rental use if a special vacation rental permit is obtained under the regulations
7 established in section 134-1;
8 (7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
9 (8) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
10 (9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
11 146-5(f); and
12 (10) Wastewater nutrient reduction cluster systems that serve less than tenresidences.; and
13 (11) Public infrastructure and utilities, provided that:
14 a. The parcel(s) proposed for development shall be separated from any established residential use
15 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
16 on all property lines adjacent to an established residential principal use to screen the use from
17 view.
18 b. A solid fence may be required upon determination by the Planning Director.
19
20 *****
21 Sec. 130-95. -Suburban Residential District (Limited) (SR-L).
22 (a) The following uses are permitted as of right in the suburban residential district (limited):
23 (1) Detached dwellings;
24 (2) Parks;
25 (3) Beekeeping;
26 (4) Home occupations—Special use permit required;
27 (5) Accessory uses;
28 (6) Vacation rental use if a special vacation rental permit is obtained under the regulations
29 established in section 134-1;
30 (7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
31 (8) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
32 (9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
33 146-5(f); and
34 (10) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
35 (11) Public infrastructure and utilities, provided that:
36 a. The parcel(s) proposed for development shall be separated from any established residential use
37 by a class C bufferyard. As determined by the Planning Director, the bufferyard may berequired
38 on all property lines adjacent to an established residential principal use to screen the use from
39 view.
40 b. A solid fence may be required upon determination by the Planning Director.
41
42 *****
43
44 Sec. 130-96. -Sparsely Settled Residential District (SS).
45 (a) The following uses are permitted as of right in the sparsely settled residential district:
46 (1) Detached dwellings;
47 (2) Beekeeping;
48 (3) Home occupations—Special use permit required;
49 (4) Accessory uses;
50 (5) Tourist housing uses, including vacation rental uses are prohibited;
51 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
52 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
53 146-5(f); and
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1 (8) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
2 (9) Public infrastructure and utilities, provided that:
3 a. The parcel(s) proposed for development shall be separated from any established residential use
4 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
5
on all property lines adjacent to an established residential principal use to screen the use from
6 view.
7 b. A solid fence may be required upon determination by the Planning Director.
8
9 *****
10
11 Sec. 130-97. -Urban Commercial District (UC).
12 (a) The following uses are permitted as of right in the urban commercial district:
13 (1) Commercial retail of low-and medium-intensity, office uses, or restaurant uses, or any
14 combination thereof of less than 5,000 square feet of floor area;
15 (2) Commercial retail uses, or restaurant uses, or any combination thereof of high intensity of less
16 than 2,500 square feet of floor area;
17 (3) Institutional residential uses involving less than 20 dwelling units or rooms;
18 (4) Commercial apartments involving lessthan six dwelling units;
19 (5) Attached and detached dwellings involving less than six units, designated as employee housing;
20 (6) Commercial recreation uses limited to:
21 a. Bowling alleys;
22 b. Tennis and racquet ball courts;
23 c. Miniature golf and driving ranges;
24 d. Theaters;
25 e. Health clubs; and
26 f. Swimming pools;
27 (7) Institutional uses;
28 (8) Public buildings and uses;
29 (9) Accessory uses;
30 (10) Vacation rental use of nonconforming detached and attached dwelling units if a special
31 vacation rental permit is obtained under the regulations established in section 134-1;
32 (11) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
33 (12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
34 (13) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
35 (14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
36 (15) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
37 (16) Public infrastructure and utilities, provided that:
38 a. The parcel(s) proposed for development shallbe separated from any established residential
39 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
40 required on all property lines adjacent to an established residential principal use to screen the
41 use from view.
42 b. A solid fence may be required upon determination by the Planning Director.
43
44 *****
45
46 Sec. 130-98. -Urban Residential District (UR).
47 (a) The following uses are permitted as of right in the urban residential district:
48 (1) Detached dwellings;
49 (2) Public buildings and uses;
50 (3) Home occupations—Special use permit required;
51 (4) Accessory uses;
52 (5) Vacation rental use if a special vacation rental permit is obtained under the regulations
53 established in section 134-1;
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1 (6) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
2 (7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
3 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
4 146-5(f); and
5 (9) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
6 (10) Public infrastructure and utilities, provided that:
7 a. The parcel(s) proposed for development shall be separated from any established residential use
8 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
9 on all property lines adjacent to an established residential principal use to screen the use from
10 view.
11 b. A solid fence may be required upon determination by the Planning Director.
12
13 *****
14
15 Sec. 130-99. -Urban Residential—Mobile Home District (URM).
16 (a) The following uses are permitted, as of right in the urban residential-mobile home district:
17 (1) Mobile homes;
18 (2) Detached dwellings;
19 (3) Recreational vehicles in a registered RV park or park trailers commonly known as 'park models'
20 as defined in F.S. 320.01;
21 (4) Home occupations—Special use permit required;
22 (5) Accessory uses;
23 (6) Tourist housing uses, including vacation rental uses, are prohibited except in gated communities
24 that have:
25 a. Controlled access; and
26 b. A homeowner's or property owner's association that expressly regulates or manages vacation
27 rental uses;
28 (7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
29 (8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
30 146-5(f); and
31 (9) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
32 (10) Public infrastructure and utilities, provided that:
33 a. The parcel(s) proposed for development shall be separated from any established residential use
34 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
35 on all property lines adjacent to an established residential principal use to screen the use from
36 view.
37 b. A solid fence may be required upon determination by the Planning Director.
38
39 *****
40
41 Sec. 130-100. -Urban Residential Mobile Home—Limited District (URM-L).
42 (a) The following uses are permitted as of right in the Urban Residential Mobile Home-Limited district:
43 (1)Mobile homes;
44 (2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park models'
45 as defined in F.S. 320.01;
46 (3) Home occupations—Special use permit required;
47 (4) Accessory uses;
48 (5) Tourist housing uses, includingvacation rental uses, are prohibited except in gated communities
49 that have:
50 a. Controlled access; and
51 b. A homeowner's or property owner's association that expressly regulates or manages vacation
52 rental uses;
53 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
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1 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
2 146-5(f); and
3 (8) Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
4 (9) Public infrastructure and utilities, provided that:
5 a. The parcel(s) proposed for development shall be separated from any established residential use
6 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required
7 on all property lines adjacent to an established residential principal use to screen the usefrom
8 view.
9 b. A solid fence may be required upon determination by the Planning Director.
10
11 *****
12
13 Sec. 130-101. -Preservation District (P).
14 (a) There are no permitted uses, including passive or active recreational activities, in the Preservation
15 district.
16 (b) Perimeter fencing is permitted conditioned on minimal clearing to construct the fence, and only
17 where the fencing abuts developed land and contributes to the protection of the preservation area.
18
19 Sec. 130-102. -Commercial 1 District (Cl).
20 (a) The following uses are permitted as of right in the Commercial 1 district:
21 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
22 intensity, and of less than 2,500 square feet of floor area;
23 (2) Commercial recreation uses, limited to:
24 a. Bowling alleys;
25 b. Tennis and racquet ball courts;
26 c. Miniature golf and driving ranges;
27 d. Theaters;
28 e. Health clubs; and
29 f. Swimming pools;
30 (3) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
31 (4) Public buildings and uses;
32 (5) Accessory uses;
33 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
34 (7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
35 (8) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
36 (9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
37 (10) Satellite earth stations, as accessory uses, pursuant to section 146-5(f); and
38 (11) Public infrastructure and utilities, provided that:
39 a. The parcel(s) proposed for development shall be separated from any established residential use
40 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
41 required on all property lines adjacent to an established residential principal use to screen the
42 use from view.
43 b. A solid fence may be required upon determination by the Planning Director.
44
45 *****
46
47 Sec. 130-103. -Commercial 2 District (C2).
48 (a) The following uses are permitted as of right in the Commercial 2 district:
49 (1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
50 intensity, and of less than 10,000 square feet of floor area;
51 (2) Commercial retail, restaurant uses, or any combination thereof, of high intensity, and of less than
52 5,000 square feet of floor area;
53 (3) Commercial recreation uses, limited to:
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1 a. Bowling alleys;
2 b. Tennis and racquet ball courts;
3 c. Miniature golf and driving ranges;
4 d. Theaters;
5 e. Health clubs; and
6 f. Swimming pools;
7 (4) Institutional uses (excluding institutional residential uses or any form of dwelling unit);
8 (5) Public buildings and uses;
9 (6) Accessory uses;
10 (7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
11 (8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
12 (9) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
13 (10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
14 (11) Satellite earth stations, as accessory uses, pursuant to section 146-5(f).; and
15 (12) Public infrastructure and utilities, provided that:
16 a. The parcel(s) proposed for development shall be separated from any established residential use
17 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
18 required on all property lines adjacent to an established residential principal use to screen the
19 use from view.
20 b. A solid fence may be required upondetermination by the Planning Director.
21
22 *****
23
24 Secs. 130-104—130-119. -Reserved.
25
26
27
28 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of
29 this ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall
30 not affect, impair, invalidate, or nullify the remainder of this ordinance, but the effect thereof shall be
31 confined to the section, paragraph, subdivision, clause, sentence, or provision immediately involvedin the
32 controversy in which such judgment or decree shall be rendered.
33
34 Section 3. Conflicting Provisions. All ordinances or parts of ordinances in conflict with this
35 ordinance are hereby repealed to the extent of said conflict.
36
37 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
38 Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
39
40 Section 5. Filing. This ordinance shall be filed in the Office of the Secretary of the State of Florida
41 but shall not becomeeffective pursuant to Section 9 until a final order is issued according to F.S.
42 380.05(6) by the Florida State Land Planning Agency or Administration Commission approving the
43 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant to F.S.
44 Chapter 120.
45
46 Section 6. Inclusion in the Monroe County Code. The provisions of this Ordinance shall be
47 included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition to
48 amendment thereto, and shall be appropriately renumbered to conform to the uniform marking system of
49 the Code.
50
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1 Section 7. Effective Date. This ordinance shall becomeas provided by law and stated above.
2
3
4 PASSED AND ADOPTEDby the Board of County Commissioners of Monroe County, Florida,
5 at a regular meeting held on the 19thday of February2020.
6
7 Mayor Heather Carruthers_______
8 Mayor Qsp!Ufn Michelle Coldiron_______
9 CommissionerCraig Cates_______
10 CommissionerDavid Rice_______
11 CommissionerSylvia Murphy_______
12
13
14 BOARD OF COUNTY COMMISSIONERS
15 OF MONROE COUNTY, FLORIDA
16
17 BY______________________________
18 MAYOR HEATHER CARRUTHERS
19
20 (SEAL)
21
22 ATTEST: KEVIN MADOK, CLERK
23 ____________________________________
24 DEPUTY CLERK
25
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MEMORANDUM
M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
Ļ ƭƷƩźǝĻ Ʒƚ ĬĻ ĭğƩźƓŭͲ ƦƩƚŅĻƭƭźƚƓğƌ ğƓķ ŅğźƩ
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
From: Mayté Santamaria, Senior Planning Policy Advisor
Date: December 18, 2019
Subject: An ordinance by Monroe County Board of County Commissioners (BOCC) adopting
amendments to the Monroe County Land Development Code to amend Section 101-1 to
create a definition for public infrastructure and utilities; to amend the definition of public
buildings and uses; and to amend the list of permitted and conditional uses within
Sections 130-74 through 130-103 to include public infrastructure and utilities as an
authorized use. (File 2019 - 126)
!
Meeting: January 22, 2020
I. REQUEST
The Monroe County Planning & Environmental Resources is proposing text amendments to
Section 101-1 to create a definition for public infrastructure and utilities; to amend the definition
of public buildings and uses; and to amend the list of permitted and conditional uses within
Sections 130-74 through 130-103 to include public infrastructure and utilities as an authorized
use.
Public infrastructure and utilities are generally proposed as a permitted use, except it has been
added as a minor conditional use within Conservation, Mainland Native, Native Area and Offshore
Island zoning districts. The use is not proposed to be included within the Preservation zoning
district. A requirement for a vegetative buffer and a possible fencing requirement are included
within the zoning districts.
II. BACKGROUND INFORMATION
On June 16, 2016, the BOCC accepted the Monroe County GreenKeys Sustainability Action Plan.
The plan provided 165 recommendations and a 5-year Work Plan containing 181 projects,
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designed to place the County on a proactive path towards increased sustainability through
mitigation and overall resilience to climate change and sea level rise.
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The GreenKeys Plan includes projects to conduct a feasibility study for enhanced stormwater and
tidewater criteria; incorporate sustainable practices and design into land development regulations
such as increasing stormwater infiltration; establish mitigation as a priority in the near term
including engineering interventions to keep tidal water from entering onto the road surface while
maintaining stormwater drainage; and sea level rise programs.
On June 19, 2019, at a regular meeting, the BOCC approved incorporating a Sea Level
Rise/Stormwater Master Plan into the GreenKeys Sustainability Action and Resilience Plan, as part
of the GreenKeys 5-Year Work Plan and to adopt the Sea Level Rise/Stormwater Master Plan
(Watershed Management Plan).
The Monroe County Watershed Management Plan notes that stormwater drainage systems in low-
lying coastal areas are highly vulnerable to the impacts of climate change. Sea-level rise brings the
most direct and chronic impacts, as the increased water level elevation of receiving water bodies
and coastal groundwater tables inherently reduces the drainage potential for conventional, gravity-
driven stormwater systems. The increased potential for extreme precipitation events due to climate
change also threatens to exceed the drainage capacity of stormwater systems that, even if properly
maintained and functioning, were originally designed under the assumption of historical climate
conditions. Sea-level rise is expected to be an increasingly critical issue for floodplain management
- on future hydrologic conditions and the local drainage systems.
On August 21, 2019, at a regular meeting, the BOCC re-adopted the Sea Level Rise/Watershed
Management Plan into the GreenKeys! Sustainability Action and Resilience Plan and the Sea Level
Rise/Watershed Management Plan, dated August 2019, to add more structure data to the report for
a more complete inventory of County and FDOT owned and operated structures as well as their
future impacts.
Pursuant to Section 125.42, F.S., the BOCC is authorized to grant a license to any person or private
corporation to construct, maintain, repair, operate, and remove lines for the transmission of water,
sewage, gas, power, telephone, other public utilities, television, or other communications services
under, on, over, across, or within the right-of-way limits of any county highway or any public road
or highway acquired by the county or public by purchase, gift, devise, dedication, or prescription.
As the County is undertaking sustainability and drainage projects, it has encountered situations
where there is not enough space within the right-of-way to accommodate the needed infrastructure.
On June 19, 2019, at a regular meeting, the BOCC directed staff to amend the Land Development
Code to allow stormwater infrastructure within the various residential zoning districts.The text
amendment will allow for needed infrastructure outside of the right-of-way, particularly for the
drainage, water quality, flooding, and pilot sea level programs that the County is completing.
Further, the Rebuild Florida Voluntary Home Buyout Program Guideline has a set aside of $10
million dollars for Monroe County to allow the purchase of damaged property to removestructures
and require a permanent deed restriction that the property be maintained for uses compatibleopen
space, recreational, or wetlands management purposes (including strormwater drainage)and be
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consistent with conservation of natural floodplain functions. The proposed Land Development
Code will also facilitate the implementation of the grant program.
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Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on September 3,
2019 in Marathon to provide for public input. No public was in attendance.
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
October 29, 2019 and received public input. Monroe County DRC recommended reviewed and
recommended the proposed amendment be revised to require the following criteria in all zoning
districts:
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Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting onDecember
18, 2019, provided for public input and recommended approval of the amendment.
III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The proposed text is shown as follows: additions are in underlined, deletions are stricken through.
Sec. 101-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Qvcmjd!jogsbtusvduvsf!boe!vujmjujft!means public infrastructure for the provision, distribution and
transmission of gas, water supply systems, electric power production systems, stormwater management
systems, water quality treatment systems, telecommunications systems and all accessories thereto. Floor
area ratios (FAR) shall not be applied to enclosed public infrastructure and utility structures, utility
boxes/cabinets, transformers, generators, control systems, pumps, wells, mains, pipes, lines, valves, cables,
utility tunnels, power lines, poles, tracks, or the like.!
Qvcmjd!cvjmejoht!boe!vtft!means uses, structures or facilities operated by a governmental agency,
including publicly and privately owned utilities, that provide services to the immediate vicinity in which
the use is located.
Chapter 130 - LAND USE DISTRICTS
ARTICLE III. - PERMITTED AND CONDITIONAL USES
Sec. 130-74. - General.
(a) No structure or land in the county shall hereafter be developed, used or occupied unless expressly
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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
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permitted as of right. In such cases, a pre-application conference shall be required prior to the
submittal of a permit application for development approval.
(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 District (AD).
(a) The following uses are permitted as of right in the Airport district:
(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(b);
(5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
(6) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(7) Public infrastructure and utilities.
*****
Sec. 130-76. - Conservation District (CD).
(a) The following uses are permitted as of right in the Conservation district, pursuant to the standards
and procedures set forth in chapter 110, article II:
(1) Passive recreational uses;
(2) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
(3) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f).
(b) The following uses are permitted as minor conditional uses in the Conservation district, pursuant to
the standards and procedures set forth in chapter 110, article III:
(1) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f) .; and
(2) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
Sec. 130-77. - Commercial Fishing Area District (CFA).
(a) The following uses are permitted as of right in the Commercial Fishing Area district:
(1) Commercial fishing;
(2) Accessory uses;
(3) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(4) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(5) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(6) Home occupationsSpecial use permit required; commercial fishing does not require a special
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use permit.; and
(7) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
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required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-78. - Reserved.
Sec. 130-79. - Commercial Fishing Special District (CFSD).
The following uses are permitted in the Commercial Fishing Special Districts:
(a) CFSD 1 (located on Big Pine).
(1) The following uses are permitted as of right in Commercial Fishing Special District 1,
subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
f. Home occupationsSpecial 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 .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
(b) CFSD 2 (located on No Name Key).
(1) The following uses are permitted as of right in Commercial Fishing Special District 2:
a. Commercial fishing;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
f. Home occupationsSpecial 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 .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(c) CFSD 4 (located on Long Key).
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(1) The following uses are permitted as of right in Commercial Fishing Special District 4:
a. Commercial fishing;
b. Accessory uses;
c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
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d. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
e. Attached wireless communications facilities, as accessory uses, pursuant to section
146-5(d);
f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established
residential principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(d) CFSD 5 (located on Key Largo).
(1) The following uses are permitted as of right in Commercial Fishing Special District 5:
a. Commercial fishing;
b. Commercial retail, limited to fish houses;
c. Detached dwellings;
d. Accessory uses;
e. Institutional uses;
f. Institutional residential uses, involving less than ten dwelling units or rooms;
g. Public buildings and uses;
h. Attached dwellings of less than six units, designated as employee housing as provided
for in section 139-1;
i. Commercial apartments involving less than six dwelling units;
j. Light industrial uses, limited to marine repair services, including engine and fishing
gear repair, provided that such uses are intended only to serve the needs of the
commercial fishing industry;
k. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
l. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
m. Attached wireless communications facilities, as accessory uses, pursuant to section
146-5(d);
n. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
o. Home occupationsspecial 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 .; and
q. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(e) CFSD 6 (located on Boca Chica):
(1) The following uses are permitted as of right in Commercial Fishing Special District 6:
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a. Commercial fishing;
b. Accessory uses;
c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
d. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
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e. Attached wireless communications facilities, as accessory uses, pursuant to section
146-5(d);
f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f); and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(f) CFSD 7 (located on Boca Chica):
(1) The following uses are permitted as of right in Commercial Fishing Special District 7:
a. Light and heavy industrial uses, limited to boat building, repair and storage and other
maritime-oriented industrial uses;
b. Maritime-oriented commercial retail, office, or restaurant uses, or any combination
thereof, of less than 5,000 square feet of floor area;
c. Commercial fishing;
d. Institutional uses;
e. Public buildings and uses;
f. Accessory uses;
g. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
h. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
i. Attached wireless communications facilities, as accessory uses, pursuant to section
146-5(d);
j. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f); and
k. Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
l. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established
residential principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(g) CFSD 8 (located on Big Pine):
(1) The following uses are permitted as of right in Commercial Fishing Special District 8:
a. Commercial fishing, provided a class C bufferyard is provided along the boundary of
CFSD 8 with any residential land use district;
b. Detached dwellings;
c. Accessory uses;
d. 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(c);
f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
Buubdinfou;!CPDD`TS`qvcmjd!jogsbtusvduvsf!!)Qvcmjd!Jogsbtusvduvsf!gps!sftjmjfodz!boe!tupsnxbufs!)312:.237**
section 146-5(f); and
g. Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
h. Public infrastructure and utilities, provided that:
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a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(h) CFSD 12 (located on Big Pine):
(1) The following uses are permitted as of right in Commercial Fishing Special District 12:
a. Commercial fishing, provided the use does not involve a vessel that draws more than
six feet of water;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
f. 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 .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(i) CFSD 13 (located on Summerland Key):
(1) The following uses are permitted as of right in Commercial Fishing Special District 13:
a. Commercial fishing, provided the use does not involve a vessel that draws more than
six feet of water;
b. Detached dwellings;
c. Accessory uses;
d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
f. 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 .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(j) CFSD 16 (located on Conch Key):
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(1) The following uses are permitted as of right in Commercial Fishing Special District 16:
a. Commercial fishing;
b. Accessory uses;
c. Mobile homes;
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d. Detached dwellings;
e. Vacation rental use if a special vacation rental permit is obtained in accordance with
section 134-1.
f. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
g. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
h. 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.; and
j. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(k) 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;
b. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
c. Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
d. Attached wireless communications facilities, as accessory uses, pursuant to section
146-5(d);
e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f);
f. 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 .; and
h. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established
residential principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
(l) CFSD 20 (located on Little Torch Key):
(1) The following uses are permitted as of right in Commercial Fishing Special District 20:
a. Commercial fishing, provided the use does not involve a vessel that draws more than
three (3) feet of water;
b. Commercial retail uses, limited to wholesale sales of catch;
c. Detached dwellings;
d. Replacement of mobile homes existing as of July 18, 1995 (adoption of Ordinance
026-1995);
e. Accessory uses;
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f. Replacement of docks in existence as of July 18, 1995 (adoption of Ordinance 026-
1995);
g. Home occupations - special use permit required; commercial fishing does not require a
special use permit;
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h. Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
i. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f); and
j. Wastewater nutrient reduction cluster systems that serve less than ten residences.; and
k. Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-80. - Commercial Fishing Village District (CFV).
(a) The following uses are permitted as of right in the commercial fishing village district:
(1) Commercial fishing;
(2) Detached dwellings;
(3) Accessory uses;
(4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(7) Home occupationsSpecial use permit required; commercial fishing does not require a special
use permit .; and
(8) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-81. - Destination Resort District (DR).
(a) The following uses are permitted as of right in the Destination Resort district:
(1) Detached dwellings;
(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(c);
(4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(5) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(7) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(8) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
Buubdinfou;!CPDD`TS`qvcmjd!jogsbtusvduvsf!!)Qvcmjd!Jogsbtusvduvsf!gps!sftjmjfodz!boe!tupsnxbufs!)312:.237**
b. A solid fence may be required upon determination by the Planning Director.
*****
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Sec. 130-82. - Industrial District (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;
(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(b);
(11) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(14) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(15) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-83. - Improved Subdivision District (IS).
(a) The following uses are permitted as of right in the improved subdivision district:
(1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all
types;
(2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only detached
dwellings of masonry appearance;
(3) IS-D: In those improved subdivision districts with a D subdistrict indicator:
a. Detached dwellings; and
b. Duplexes;
(4) Home occupationsSpecial use permit required;
(5) Accessory uses;
(6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
Buubdinfou;!CPDD`TS`qvcmjd!jogsbtusvduvsf!!)Qvcmjd!Jogsbtusvduvsf!gps!sftjmjfodz!boe!tupsnxbufs!)312:.237**
*****
Sec. 130-85. - Maritime Industries District (MI).
(a) The following uses are permitted as of right in the maritime industries district:
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(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) Heavy industrial uses;
(5) Commercial apartments involving less than six dwelling units, but tourist housing uses,
vacation rental use, of commercial apartments is prohibited;
(6) Attached and detached dwellings involving less than six units, designated as employee housing
as provided for in section 139-1;
(7) 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(b);
(13) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(14) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(15) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(16) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(17) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-86. - Military Facilities District (MF).
(a) The following uses are permitted as of right in the military facilities district:
(1) Detached dwellings;
(2) Attached 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;
(10) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(11) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(13) Satellite earth stations, as accessory uses, pursuant to section 146-5(f); and
(14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e).;
and
(15) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
Buubdinfou;!CPDD`TS`qvcmjd!jogsbtusvduvsf!!)Qvcmjd!Jogsbtusvduvsf!gps!sftjmjfodz!boe!tupsnxbufs!)312:.237**
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
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*****
Sec. 130-87. - Mainland Native Area District (MN).
All development permitted in the mainland native area district shall comply with applicable rules and
regulations of the Big Cypress National Preserve.
(a) The following uses are permitted as of right in the mainland native area district:
(1) Detached dwellings;
(2) Beekeeping;
(3) Accessory uses;
(4) Home occupationsSpecial use permit required;
(5) Tourist housing uses, including vacation rental uses, are prohibited;
(6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to
section 146-5(f).
(b) The following uses are permitted as minor conditional uses in the Mainland Native Area
district, subject to the standards and procedures set forth in chapter 110, article III:
(1) Educational and research centers, including campground spaces, provided that:
a. No more than two camping spaces are provided per acre;
b. No development of any kind is permitted in wetlands, except unenclosed, elevated
structures on pilings or poles;
c. 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
d. The site proposed for the center is at least five acres.
(2) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f) .; and
(3) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
Sec. 130-88. - Mixed Use District (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 of 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:
a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs; and
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f. Swimming pools;
(6) Commercial fishing;
(7) Institutional uses;
(8) Public buildings and uses;
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(9) Home occupationsSpecial use permit required;
(10) Parks;
(11) Accessory uses;
(12) 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;
(13) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(14) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(15) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(16) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(17) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f);
(18) Attached and detached dwellings involving less than six units, designated as employee
housing as provided for in section 139-1; and
(19) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(20) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-89. - Native Area District (NA).
(a) The following uses are permitted as of right in the native area district:
(1) Detached dwellings;
(2) Beekeeping;
(3) Home occupationsSpecial 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(c);
(7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); and
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f).
(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 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:
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
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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);
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(5) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(6) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(7) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f) .; and
(8) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-90. - Offshore Island District (OS).
(a) The following uses are permitted as of right in the offshore island district:
(1) Detached dwellings;
(2) Camping, for the personal use of the owner of the property on a temporary basis;
(3) Beekeeping;
(4) Accessory uses;
(5) Home occupationsSpecial 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(c); and
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f).
(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:
(1) Satellite earth stations greater than or equal to two meters in diameter, as accessory uses,
pursuant to section 146-5(f) .; and
(2) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
Sec. 130-91. - Park and Refuge District (PR).
(a) The following uses are permitted as of right in the park and refuge district:
(1) Parks;
(2) Institutional uses;
(3) Public buildings and uses;
(4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(5) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(6) Attached wireless communications facilities as accessory uses, pursuant to section 146-5(d);
and
(7) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
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(8) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
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required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-92. - Recreational Vehicle District (RV).
(a) The following uses are permitted as of right in the recreational vehicle district:
(1) Recreational vehicle parks. RV spaces are intended for use by traveling recreational vehicles.
RV spaces may be leased, rented or occupied by a specific, individual recreational vehicle, for a
term of less than 28 days, but placement of a specific, individual recreational vehicle (regardless
of vehicle type or size) within a particular RV park for occupancies or tenancies of six months or
more is prohibited. Recreational vehicles may be stored, but not occupied, for periods of six
months or greater only in an approved RV storage area (designated on a site plan approved by
the director of planning) or in another appropriate district that allows storage of recreational
vehicles. RV storage areas must meet all land development regulations, floodplain management
regulations and building code requirements for storage of recreational vehicles;
(2) Commercial retail, restaurant uses, or any combination thereof, of less than 2,500 square feet of
floor area;
(3) Accessory uses;
(4) Commercial apartments. However, there shall be no more than one commercial apartment unit
per three (3) RV 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(b);
(7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c)
"Collocations on existing supporting structure"; and
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f) "Satellite earth stations."; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established RV use by a
class C bufferyard. As determined by the Planning Director, the bufferyard may be required on
all property lines adjacent to an established RV principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-93. - Suburban Commercial District (SC).
(a) The following uses are permitted as of right in the Suburban Commercial district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of less than 2,500 square feet of floor area;
(2) Institutional residential uses, involving less than ten dwelling units or rooms;
(3) Commercial apartments involving less than six dwelling units;
(4) Commercial recreation uses limited to:
a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
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d. Theaters;
e. Health clubs; and
f. Swimming pools;
(5) Institutional uses;
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(6) Public buildings and uses;
(7) Accessory uses;
(8) Vacation rental use of nonconforming detached and attached dwelling units, if a special
vacation rental permit is obtained under the regulations established in section 134-1;
(9) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(10) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(11) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(12) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(13) Satellite earth stations, as accessory uses, pursuant to section 146-5(f);
(14) Attached and detached dwellings involving less than six units, designated as employee
housing as provided for in section 139-1; and
(15) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(16) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-94. - Suburban Residential District (SR).
(a) The following uses are permitted as of right in the suburban residential district:
(1) Detached dwellings;
(2) Parks, excluding tennis courts and swimming pools;
(3) Beekeeping;
(4) Home occupationsSpecial 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(b);
(8) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(10) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(11) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-95. - Suburban Residential District (Limited) (SR-L).
(a) The following uses are permitted as of right in the suburban residential district (limited):
(1) Detached dwellings;
(2) Parks;
(3) Beekeeping;
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(4) Home occupationsSpecial 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;
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(7) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(8) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(9) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(10) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(11) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-96. - Sparsely Settled Residential District (SS).
(a) The following uses are permitted as of right in the sparsely settled residential district:
(1) Detached dwellings;
(2) Beekeeping;
(3) Home occupationsSpecial 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(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-97. - Urban Commercial District (UC).
(a) The following uses are permitted as of right in the urban commercial district:
(1) Commercial retail of low- and medium-intensity, office uses, or restaurant uses, or any
combination thereof of less than 5,000 square feet of floor area;
(2) Commercial retail uses, or restaurant uses, or any combination thereof of high intensity of less
than 2,500 square feet of floor area;
(3) Institutional residential uses involving less than 20 dwelling units or rooms;
(4) Commercial apartments involving less than six dwelling units;
(5) Attached and detached dwellings involving less than six units, designated as employee housing;
(6) Commercial recreation uses limited to:
a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
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e. Health clubs; and
f. Swimming pools;
(7) Institutional uses;
(8) Public buildings and uses;
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(9) Accessory uses;
(10) 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) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(12) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(13) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(15) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(16) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-98. - Urban Residential District (UR).
(a) The following uses are permitted as of right in the urban residential district:
(1) Detached dwellings;
(2) Public buildings and uses;
(3) Home occupationsSpecial 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(d);
(7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(9) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(10) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-99. - Urban ResidentialMobile Home District (URM).
(a) The following uses are permitted, as of right in the urban residential-mobile home district:
(1) Mobile homes;
(2) Detached 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 occupationsSpecial use permit required;
(5) Accessory uses;
(6) Tourist housing uses, including vacation rental uses, are prohibited except in gated communities
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that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
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(7) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(9) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(10) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-100. - Urban Residential Mobile HomeLimited District (URM-L).
(a) The following uses are permitted as of right in the Urban Residential Mobile Home-Limited district:
(1) Mobile homes;
(2) Recreational vehicles in a registered RV park or park trailers commonly known as 'park models'
as defined in F.S. 320.01;
(3) Home occupationsSpecial 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(c);
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section
146-5(f); and
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences .; and
(9) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the use
from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
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.
Sec. 130-102. - Commercial 1 District (Cl).
(a) The following uses are permitted as of right in the Commercial 1 district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of less than 2,500 square feet of floor area;
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(2) Commercial recreation uses, limited to:
a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
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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(c);
(7) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(8) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(9) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
(10) Satellite earth stations, as accessory uses, pursuant to section 146-5(f); and
(11) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
*****
Sec. 130-103. - Commercial 2 District (C2).
(a) The following uses are permitted as of right in the Commercial 2 district:
(1) Commercial retail, office, restaurant uses, or any combination thereof, of low and medium
intensity, and of less than 10,000 square feet of floor area;
(2) Commercial retail, restaurant uses, or any combination thereof, of high intensity, and of less
than 5,000 square feet of floor area;
(3) Commercial recreation 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;
(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(c);
(8) Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
(9) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
(10) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
(11) Satellite earth stations, as accessory uses, pursuant to section 146-5(f) .; and
(12) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established residential
use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be
required on all property lines adjacent to an established residential principal use to screen the
use from view.
b. A solid fence may be required upon determination by the Planning Director.
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*****
IV.!CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
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The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g., regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A
4. New issues;
As the County is undertaking sustainability and drainage projects, it has encountered situations
where there is not enough space within the right-of-way to accommodate the needed
infrastructure. On June 19, 2019, at a regular meeting, the BOCC directed staff to amend the
Land Development Code to allow stormwater infrastructure within the various residential
zoning districts. The text amendment will allow for needed infrastructure outside of the right-
of-way, particularly for the drainage, water quality, flooding, and pilot sea level programs that
the County is completing.
5. Recognition of a need for additional detail or comprehensiveness; or
To implement the 2030 Comprehensive Plan, particularly the provisions of the Energy and
Climate Element, the County is proposing text amendments to Section 101-1 to create a definition
for public infrastructure and utilities; amend the definition of public buildings and uses; and
amend the list of permitted and conditional uses within Sections 130-74 through 130-103 to
include public infrastructure and utilities as an authorized use.
6. Data updates;
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a livable communikeys master plan pursuant to findings of the board of county
commissioners.
The proposed text amendment is not anticipated to result in an adverse community change.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
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PRINCIPLES FOR GUIDING DEVELOPMENT, AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan. Specifically, it furthers:
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Goal 101: Monroe County shall manage future growth to enhance the quality of life, ensure the safety of
County residents and visitors, and protect valuable natural resources.
Policy 102.6.1: Within one (1) year of the adoption of the Plan, Monroe County shall adopt land
development regulations which will further restrict the activities permitted on offshore islands. These shall
include the following:
1. development shall be prohibited on offshore islands (including spoil islands) which have been
documented as an established bird rookery or nesting area based on resource agency best available
data or surveys (See Conservation and Coastal Management Policy 206.1.2.);
2. new resource extraction pits shall be prohibited on offshore islands;
3. campgrounds and marinas shall not be permitted on offshore islands; however, temporary primitive
camping by the owner, in which no land clearing or other alteration of the island occurs, shall be the
only use of an offshore island which may occur without necessity of a permit;
4. the use of any motorized vehicles including, but not limited to, trucks, carts, buses, motorcycles, all-
terrain vehicles and golf carts shall be prohibited on offshore islands that do not contain any
development;
5. planting with native vegetation shall be encouraged whenever possible on spoil islands; and
6. County public facilities and services, excluding electricity over which the Public Services
Commission of the State of Florida exercises jurisdiction, shall not be extended to offshore islands.
The extension of public facilities shall be required to comply with Policy 101.12.2.
Policy 102.7.5: Monroe County shall discourage the extension of public facilities and services provided by
the FKAA and private providers of electricity and telephone service to undeveloped CBRS units by
providing each of the utility providers with:
1. a map of the areas of Monroe County which are included in CBRS units;
2. a copy of the Executive Summary in Report to Congress: Coastal Barrier Resources System
published by the U.S. Department of the Interior, Coastal Barriers Study Group, which specifies
restrictions to federally subsidized development in CBRS units; and
3. Monroe County policies regarding local efforts to discourage both private and public investment in
CBRS units.
Objective 101.12: Monroe County shall ensure that sufficient acreage is available for utilities and public
facilities, required to support proposed development and redevelopment.
Policy 101.12.2: Monroe County shall require that the following analyses be undertaken prior to finalizing
plans for the siting of any new County public facility, excluding electricity over which the Public Services
Commission of the State of Florida exercises jurisdiction, or the significant expansion (greater than 25
percent) of an existing public facility, excluding electricity over which the Public Services Commission of
the State of Florida exercises jurisdiction:
1. assessment of needs;
2. evaluation of alternative sites and design alternatives for the alternative sites; and,
3. assessment of direct and secondary impacts on surrounding land uses and natural resources.
The assessment of impacts on surrounding land uses and natural resources will evaluate the extent to
which the proposed public facility involves public expenditures in the coastal high hazard area and within
environmentally sensitive areas, including disturbed salt marsh and buttonwood wetlands, undisturbed
beach berm areas, units of the Coastal Barrier Resources System, undisturbed uplands (particularly high
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quality hammock and pinelands), habitats of species considered to be threatened or endangered by the state
and/or federal governments, offshore islands, and designated Tier I areas.
Except for passive recreational facilities on publicly-owned land, no new public facilities other than water
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distribution and sewer collection lines, pump/vacuum/lift stations, cluster systems, or small package
plants/treatment facilities shall be allowed within Tier I designated areas or Tier III Special Protection
Area unless it can be accomplished without clearing of hammock or pinelands. Exceptions to this
requirement may be made to protect the public health, safety, and welfare, if all the following criteria are
met:
1. No reasonable alternatives exist to the proposed location; and
2. The proposed location is approved by a supermajority of the Board of County Commissioners.
The site of the Key Largo Wastewater Treatment Facility (located at mile marker 100.5) with an allowed
clearing of up to 4.2 acres shall not be subject to this policy.
Policy 101.12.3: Monroe County shall coordinate the siting of new public facilities with the appropriate
local, state and federal agencies to resolve potential regulatory conflicts and ensure compliance with all
applicable state and federal regulations.
GOAL 202: The environmental quality of Monroe County's estuaries, nearshore waters (canals, harbors,
bays, lakes and tidal streams,) and associated marine resources shall be maintained and, where possible,
improved or restored.
GOAL 214: Monroe County shall provide the necessary services and infrastructure to support existing and
new development proposed by the Future Land Use Element while limiting County public expenditures
which result in the loss of or adverse impacts to environmental resources in the Coastal Zone.
Policy 216.1.5: Monroe County shall continue to participate in the National Flood Insurance Program
(NFIP) Community Rating System (CRS) to the maximum extent possible and shall seek to improve its
current CRS Class rating.
Policy 216.1.7: Monroe County shall consider floodplain management and CHHA issues in making public
acquisition decisions.
GOAL 1001: Monroe County shall provide a stormwater management system which protects real and
personal properties, public health and safety, and which promotes and protects groundwater and nearshore
water quality.
Policy 1001.1.1: Water Quality Level of Service Standards - Minimum Water Quality:
All projects shall be designed so that the discharges will meet Florida State Water Quality/Quantity
Standards as set forth in Chapters 62-3 and 62-302.530, F.A.C, incorporated herein by reference. All
projects should be designed in accordance with the Florida Department of Transportation and South
Florida Water Management District standards and taking into account projections for climate change
Policy 1001.1.3: Monroe County shall maintain, implement, review and update, as necessary, the County's
stormwater management regulations and Stormwater Master Plan. All improvements for replacement,
expansion or increase in capacity of drainage facilities shall conform to the adopted level of service criteria
pursuant to Policy 1001.1.1.
Policy 1001.3.1: Monroe County shall, as necessary, enter into interlocal agreements with Key West,
Marathon, Key Colony Beach, Layton, Islamorada, Miami-Dade, Broward and Collier Counties, and with
agencies having regional oversight over drainage issues, such as FDOT, SFWMD and the ACOE. These
agreements shall be designed to:
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1. protect the functions of natural drainage features that impact the quality of the waters surrounding
the Florida Keys; and
2. coordinate the extension or increase in capacity of any interjurisdictional drainage facilities which
are necessary to meet the future needs of Monroe County.
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Objective 1401.2: With the following exceptions, County public expenditures within the Coastal High
Hazard Area (CHHA) shall be limited to the restoration or enhancement of natural resources and
parklands, expenditures required to serve existing development such as the maintenance or repair of
existing infrastructure, and expenditures necessary for public health and safety:
1. County public expenditures within the CHHA may be permitted where required to meet adopted
level of service standards or to maintain or reduce hurricane evacuation clearance times and where no
feasible alternatives to siting the required facilities within the CHHA exist.
2. County public expenditures within the CHHA may be permitted for improvements and expansions
to existing public facilities, which improvements or expansions are designed to minimize risk of
damage from flooding.
Policy 1401.2.1: No County public expenditures shall be made for new or expanded public facilities in
areas designated as units of the Coastal Barrier Resources System, undisturbed saltmarsh and buttonwood
wetlands, or offshore islands not currently accessible by road, with the exception of expenditures for
wastewater systems, expenditures for conservation and parklands consistent with natural resource
protection, and expenditures necessary for public health and safety.
GOAL 1502: Monroe County shall incorporate the best available data and science, into its policy and
planning decisions for infrastructure, recognizing the uncertainty associated with long range climate
change predictions.
Objective 1502.1: In conjunction with future updates to the 2030 Comprehensive Plan and land
development regulations, the County shall update the data and assumptions related to climate change
impacts to infrastructure based on the latest scientific predictions and observed (monitored) impacts.
Monroe County shall also consider climate change impacts such as increased temperatures, sea level rise,
potentially shifting habitat and ecosystem types and the need to withstand increased storm surge in
evaluating public infrastructure decisions.
Policy 1502.1.7: Monroe County shall ensure that new, renovated and replacement public facilities and
infrastructure, such as streets and bridges, water and wastewater treatment plants, police stations and fire
stations, and any other public facilities that the County has authority over, are designed in a manner which
considers the useful life of public facilities and infrastructure. The County shall also consider the potential
impacts from climate change, including rising sea levels and shoreline stabilization needs, on its
infrastructure and public facilities.
Policy 1502.1.10: Within five (5) years after the adoption of the 2030 Comprehensive Plan, Monroe
County shall review land development regulations that address stormwater management considerations for
sea level rise impacts. To the extent practicable, Monroe County shall incorporate green infrastructure or
passive alternatives that maximize land preservation over impervious or "active" infrastructure. Such
alternatives could include the reconditioning and reuse of septic tanks, increased use of rainwater
harvesting techniques, such as cisterns and other water storage techniques. Monroe County shall determine
if land development regulation amendments are needed to address increased retention requirements and
other topographic or infiltration considerations which may influence stormwater management
requirements. Monroe County shall also consider the ability to meet water quality requirements related to
stormwater management regulations and if there are any impacts from climate change that may jeopardize
the County's ability to meet those requirements.
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B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area, Section 380.0552(7), Florida Statutes.
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For the purposes of reviewing consistency of the adopted plan or any amendments to that plan
with the principles for guiding development and any amendments to the principles, the principles
shall be construed as a whole and no specific provision shall be construed or applied in isolation
from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local government is
able to achieve these objectives without continuing the area of critical state concern designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds, wetlands,
fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for
example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and ensuring
that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks, wildlife refuges, and marine sanctuaries;
7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal facilities;
and the installation and proper operation and maintenance of onsite sewage treatment and disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater
management facilities that meet the requirements of ss. 381.0065(4)(l) and 403.086(10), as applicable, and by
directing growth to areas served by central wastewater treatment facilities through permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
(l) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the Florida
Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent
with the Principles for Guiding Development as a whole and is not inconsistent with any
Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute
(F.S.). Specifically, the amendment furthers:
163.3161(4), F.S. It is the intent of this act that local governments have the ability to preserve
and enhance present advantages; encourage the most appropriate use of land, water, and
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resources, consistent with the public interest; overcome present handicaps; and deal
effectively with future problems that may result from the use and development of land within
their jurisdictions. Through the process of comprehensive planning, it is intended that units of
local government can preserve, promote, protect, and improve the public health, safety,
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comfort, good order, appearance, convenience, law enforcement and fire prevention, and
general welfare; facilitate the adequate and efficient provision of transportation, water,
sewerage, schools, parks, recreational facilities, housing, and other requirements and services;
and conserve, develop, utilize, and protect natural resources within their jurisdictions.
163.3161(6), F.S. It is the intent of this act that adopted comprehensive plans shall have the
legal status set out in this act and that no public or private development shall be permitted
except in conformity with comprehensive plans, or elements or portions thereof, prepared and
adopted in conformity with this act.
163.3177(1), F.S. The comprehensive plan shall provide the principles, guidelines, standards,
and strategies for the orderly and balanced future economic, social, physical, environmental,
and fiscal development of the area that reflects community commitments to implement the
plan and its elements. These principles and strategies shall guide future decisions in a
consistent manner and shall contain programs and activities to ensure comprehensive plans
are implemented. The sections of the comprehensive plan containing the principles and
strategies, generally provided as goals, objectives, and policies, shall describe how the local
modified, or continued to implement the comprehensive plan in a consistent manner. It is not
the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land
development regulations that will be part of the strategy for implementing the comprehensive
plan and the principles that describe how the programs, activities, and land development
regulations will be carried out. The plan shall establish meaningful and predictable standards
for the use and development of land and provide meaningful guidelines for the content of
more detailed land development and use regulations.
163.3194, F.S. (1)(a) After a comprehensive plan, or element or portion thereof, has been
adopted in conformity with this act, all development undertaken by, and all actions taken in
regard to development orders by, governmental agencies in regard to land covered by such
plan or element shall be consistent with such plan or element as adopted.
(b) All land development regulations enacted or amended shall be consistent with the
adopted comprehensive plan, or element or portion thereof, and any land development
regulations existing at the time of adoption which are not consistent with the adopted
comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. If
a local government allows an existing land development regulation which is inconsistent with
the most recently adopted comprehensive plan, or element or portion thereof, to remain in
effect, the local government shall adopt a schedule for bringing the land development
regulation into conformity with the provisions of the most recently adopted comprehensive
plan, or element or portion thereof. During the interim period when the provisions of the
most recently adopted comprehensive plan, or element or portion thereof, and the land
development regulations are inconsistent, the provisions of the most recently adopted
comprehensive plan, or element or portion thereof, shall govern any action taken in regard to
an application for a development order.
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163.3201, F.S. Relationship of comprehensive plan to exercise of land development regulatory
authority.It is the intent of this act that adopted comprehensive plans or elements thereof
shall be implemented, in part, by the adoption and enforcement of appropriate local
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regulations on the development of lands and waters within an area. It is the intent of this act
that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an
area shall be based on, be related to, and be a means of implementation for an adopted
comprehensive plan as required by this act.
VI.! PROCESS
Land Development Code Amendments may be proposed by the Board of County Commissioners,
the Planning Commission, the Director of Planning, private application, or the owner or other
person having a contractual interest in property to be affected by a proposed amendment. The
Director of Planning shall review and process applications as they are received and pass them onto
the Development Review Committee and the Planning Commission.
The Planning Commission shall hold at least one public hearing. The Planning Commission shall
review the application, the reports and recommendations of the Department of Planning &
Environmental Resources and the Development Review Committee and the testimony given at the
public hearing. The Planning Commission shall submit its recommendations and findings to the
Board of County Commissioners (BOCC). The BOCC holds a public hearing to consider the
adoption of the proposed amendment, and considers the staff report, staff recommendation,
Planning Commission recommendation and the testimony given at the public hearing. The BOCC
may adopt the proposed amendment based on one or more of the factors established in LDC
Section 102-158(d)(7).
In cases in which the proposed ordinance changes the actual list of permitted, conditional, or
prohibited uses within a zoning category, the board of county commissioners shall hold two (2)
advertised public hearings on the proposed ordinance.
VII. STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment.
VIII. EXHIBITS
1. Draft Ordinance
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