Loading...
Ordinance 010-2020 2 3 4 5 MONROE COUNTY, FLORIDA 6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 7 8 ORDINANCE NO. 010 -2020 9 10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 11 COMMISSIONERS ADOPTING AMENDMENTS TO THE MONROE COUNTY 12 LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO CREATE A 13 DEFINITION FOR PUBLIC INFRASTRUCTURE AND UTILITIES; 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 REPEAL OF 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 THE MONROE 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, the Board of County Commissioners (BOCC) accepted the 30 Monroe County GreenKeys Sustainability Action. Plan, with 165 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 code does 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); Ordinance No.010-2020 Page 1 of 22 File 2019-126 I and 2 3 WHEREAS, on August 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 more structure 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 County is undertaking sustainability and drainage projects and has 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, on October 29, 2019, the Monroe County Development Review Committee (DRC) 17 reviewed the proposed amendment; and 18 19 WHEREAS, at a regularly scheduled meeting held on December 18,_2019 the 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 approval for the proposed amendment; 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 the January 22, 2020, the Monroe County 32 Board of County Commissioners held the first of two public 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 voted to hold the second hearing for the proposed 35 amendment at 1:30 PM or soon thereafter on February 19, 2020; and 36 37 WHEREAS, at a regularly scheduled meeting held on the February 19, 2020, the Monroe County 38 Board of County Commissioners held the second of two public 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 Ordinance No.010-2020 Page 2 of 22 File 2019-126 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 Chapter 163, 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 Pro osed Amendment (deletions are stfieken thfouEl.; 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 Public infrastructure and utilities 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 area ratios (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 Public buildings and uses means uses, structures or 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.-P"ERMITTED 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 Ordinance No. 010-2020 Page 3 of 22 File 2019-126 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 infrastructure and utilities. 7 g ***** 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 property lines 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 c. No viable alternative exists, as indicated by the governmental agency providing the public 28 services. 29 30 Sec. 130-77.- Commercial Fishing Area District(CFA). 31 (a) The following uses are permitted as of right in the Commercial Fishing Area district: 32 (1) Commercial fishing; 33 (2) Accessory uses; 34 (3) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 35 (4) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 36 (5) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 37 146-5(f);and 38 (6) Home occupations—Special use permit required; commercial fishing does not require a special 39 use permit-; and 40 (7) Public infrastructure and utilities,provided that: 41 a. The parcel(s) proposed for development shall be separated from any established residential use 42 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be 43 required on all property lines adjacent to an established residential principal use to screen the 44 use from view. 45 b.A solid fence may be required upon determination by the Planning Director. 46 47 ***** 48 Sec. 130-78.- Reserved. 49 50 Sec. 130-79.- Commercial Fishing Special District(CFSD). 51 The following uses are permitted in the Commercial Fishing Special Districts: 52 (a) CFSD 1 (located on Big Pine). Ordinance No.010-2020 Page 4 of 22 File 2019-126 1 (1) The following uses are permitted as of right in Commercial Fishing Special District 1, 2 subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp: 3 a. Commercial fishing; 4 b. Detached dwellings; 5 c. Accessory uses; 6 d. Collocations on existing antenna supporting structures,pursuant to section 146-5(c); 7 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 8 section 146-5(f); 9 f. Home occupations—Special use permit required; commercial fishing does not require a 10 special use permit;and- 11 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 12 h. Public infrastructure and utilities,provided that: 13 a. The parcel(s) proposed for development shall be separated from any established 14 residential use by a class C bufferyard. As determined by the Planning Director, the 15 bufferyard may be required on all property lines adjacent to an established residential 16 principal use to screen the use from view. 17 b.A solid fence may be required upon determination by the Planning Director. 18 19 (b) CFSD 2(located on No Name Key). 20 (1) The following uses are permitted as of right in Commercial Fishing Special District 2: 21 a. Commercial fishing; 22 b. Detached dwellings; 23 c. Accessory uses; 24 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c); 25 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 26 section 146-5(f); 27 f. Home occupations—Special use permit required; commercial fishing does not require a 28 special use permit;affd- 29 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 30 h. Public infrastructure and utilities,provided that: 31 a. The parcel(s) proposed for development shall be separated from any established 32 residential use by a class C bufferyard. As determined by the Planning_Director, the 33 bufferyard may be required on all property lines adjacent to an established residential 34 principal use to screen the use from view. 35 b. A solid fence may be required upon determination by the Planning Director. 36 37 ***** 38 (c) CFSD 4(located on Long Key). 39 (1) The following uses are permitted as of right in Commercial Fishing Special District 4: 40 a. Commercial fishing; 41 b. Accessory uses; 42 c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 43 d. Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 44 e. Attached wireless communications facilities, as accessory uses, pursuant to section 146- 45 5(d); 46 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 47 section 146-5(f);afid- 48 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 49 h. Public infrastructure and utilities,provided that: 50 a. The parcel(s) proposed for development shall be separated from any established 51 residential use by a class C bufferyard. As determined by the Planning Director, the 52 bufferyard may be required on all property lines adjacent to an established 53 residential principal use to screen the use from view. Ordinance No.010-2020 Page 5 of 22 File 2019-126 I b.A solid fence may be required upon determination by the Planning Director. 2 3 ***** 4 (d) CFSD 5(located on Ivey Largo). 5 (1) The following uses are permitted as of right in Commercial Fishing Special District 5: 6 a. Commercial fishing; 7 b. Commercial retail, limited to fish houses; 8 c. Detached dwellings; 9 d. Accessory uses; 10 e. Institutional uses; 11 f. Institutional residential uses,involving less than ten dwelling units or rooms; 12 g. Public buildings and uses; 13 h. Attached dwellings of less than six units, designated as employee housing as provided 14 for in section 139-1; 15 i. Commercial apartments involving less than six dwelling units; 16 j. Light industrial uses, limited to marine repair services, including engine and fishing gear 17 repair, provided that such uses are intended only to serve the needs of the commercial 18 fishing industry; 19 k. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 20 1. Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 21 in. Attached wireless communications facilities, as accessory uses, pursuant to section 22 146-5(d); 23 n. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 24 section 146-5(f); 25 o. Home occupations—special use permit required; commercial fishing does not require a 26 special use permit;an&- 27 p. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 28 Q. Public infrastructure and utilities,provided that: 29 a. The parcel(s) proposed for development shall be separated from any established 30 residential use by a class C bufferyard. As determined by the Planning Director, the 31 bufferyard may be required on all property lines adjacent to an established residential 32 principal use to screen the use from view. 33 b. A solid fence may be required upon determination by the Planning Director. 34 35 ***** 36 (e) CFSD 6(located on Boca Chica): 37 (1) The following uses are permitted as of right in Commercial Fishing Special District 6: 38 a. Commercial fishing; 39 b. Accessory uses; 40 c. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 41 d. Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 42 e. Attached wireless communications facilities, as accessory uses,pursuant to section 146- 43 5(d); 44 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 45 section 146-5(f);and- 46 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 47 h. Public infrastructure and utilities,provided that: 48 a. The parcel(s) proposed for development shall be separated from any established 49 residential use by a class C bufferyard. As determined by the Planning Director, the 50 bufferyard may be required on all property lines adjacent to an established residential 51 principal use to screen the use from view. 52 b. A solid fence may be required upon determination by the Planning Director. 53 Ordinance No.010-2020 Page 6 of 22 File 2019-126 2 (f) CFSD 7(located on Boca Chica): 3 (1) The following uses are permitted as of right in Commercial Fishing Special District 7: 4 a. Light and heavy industrial uses, limited to boat building, repair and storage and other 5 maritime-oriented industrial uses; 6 b. Maritime-oriented commercial retail, office, or restaurant uses, or any combination 7 thereof, of less than 5,000 square feet of floor area; 8 c. Commercial fishing; 9 d. Institutional uses; 10 e. Public buildings and uses; 11 f. Accessory uses; 12 g. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 13 h. Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 14 i. Attached wireless communications facilities, as accessory uses, pursuant to section 146- 15 5(d); 16 j. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 17 section 146-5(f);and- 18 k. Wastewater nutrient reduction cluster systems that serve less than ten residences—.1 19 1. Public infrastructure and utilities,provided that: 20 a. The parcel(s) proposed for development shall be separated from any established 21 residential use by a class C bufferyard. As determined by the Planning Director, the 22 bufferyard may be required on all property lines adjacent to an established 23 residential principal use to screen the use from view. 24 b. A solid fence may be required upon determination by the Planning Director. 25 26 ***** 27 (g) CFSD 8(located on Big Pine): 28 (1) The following uses are permitted as of right in Commercial Fishing Special District 8: 29 a. Commercial fishing, provided a class C bufferyard is provided along the boundary of 30 CFSD 8 with any residential land use district; 31 b. Detached dwellings; 32 c. Accessory uses; 33 d. Home occupations - special use permit required; commercial fishing does not require a 34 special use permit; 35 e. Collocations on existing antenna supporting structures,pursuant to section 146-5(c); 36 f. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 37 section 146-5(f);and- 38 g. Wastewater nutrient reduction cluster systems that serve less than ten residences-; and 39 h. Public infrastructure and utilities,provided that: 40 a. The parcel(s) proposed for development shall be separated from any established 41 residential use by a class C bufferyard. As determined by the Planning Director, the 42 bufferyard may be required on all property lines adjacent to an established residential 43 principal use to screen the use from view. 44 b.A solid fence may be required upon determination by the Planning Director. 45 46 ***** 47 (h) CFSD 12 (located on Big Pine): 48 (1) The following uses are permitted as of right in Commercial Fishing Special District 12: 49 a. Commercial fishing,provided the use does not involve a vessel that draws more than six 50 feet of water; 51 b. Detached dwellings; 52 c. Accessory uses; 53 d. Collocations on existing antenna supporting structures, pursuant to section 146-5(c); Ordinance No.010-2020 Page 7 of 22 File 2019-126 1 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 2 section 146-5(f); 3 f. Home occupations special use permit required; commercial fishing does not require a 4 special use permit;af4- 5 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.-Land 6 h. Public infrastructure and utilities,provided that: 7 a. The parcel(s) proposed for development shall be separated from any established 8 residential use by a class C bufferyard. As determined by the Planning Director, the 9 bufferyard may be required on all property lines adjacent to an established residential 10 principal use to screen the use from view. 11 b.A solid fence may be required upon determination by the Planning Director. 12 13 ***** 14 (i) CFSD 13(located on Summerland Key): 15 (1) The following uses are permitted as of right in Commercial Fishing Special District 13: 16 a. Commercial fishing,provided the use does not involve a vessel that draws more than six 17 feet of water; 18 b. Detached dwellings; 19 c. Accessory uses; 20 d. Collocations on existing antenna supporting structures,pursuant to section 146-5(c); 21 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 22 section 146-5(f); 23 f. Home occupations - special use permit required; commercial fishing does not require a 24 special use permit;and- 25 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 26 h. Public infrastructure and utilities,provided that: 27 a. The parcel(s) proposed for development shall be separated from any established 28 residential use by a class C bufferyard. As determined by the Planning Director, the 29 bufferyard may be required on all property lines adjacent to an established residential 30 principal use to screen the use from view. 31 b. A solid fence may be required upon determination by the Planning Director. 32 33 ***** 34 (j) CFSD 16(located on Conch Key): 35 (1) The following uses are permitted as of right in Commercial Fishing Special District 16: 36 a. Commercial fishing; 37 b. Accessory uses; 38 c. Mobile homes; 39 d. Detached dwellings; 40 e. Vacation rental use if a special vacation rental permit is obtained in accordance with 41 section 134-1. 42 f. Collocations on existing antenna supporting structures,pursuant to section 146-5(c); 43 g. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 44 section 146-5(f); 45 h. Home occupations - special use permit required; commercial fishing does not require a 46 special use permit;a*d- 47 i. Wastewater nutrient reduction cluster systems that serve less than ten residences-; and 48 j. Public infrastructure and utilities,provided that: 49 a. The parcels proposed for development shall be separated from any established 50 residential use by a class C bufferyard. As determined by the Planning Director, the 51 bufferyard may be required on all property lines adjacent to an established residential 52 principal use to screen the use from view. 53 b. A solid fence may be required upon determination by the Planning Director. Ordinance No.010-2020 Page 8 of 22 File 2019-126 1 2 ***** 3 (k) CFSD 17(located on Old Boca Chica Road): 4 (1) The following uses are permitted as of right in Commercial Fishing Special District 17: 5 a. Commercial fishing, provided the use does not involve a vessel that draws more than 6 two feet of water and the vessels are restricted to outboard engines only; 7 b. Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 8 c. Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 9 d. Attached wireless communications facilities, as accessory uses,pursuant to section 146- 10 5(d); 11 e. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 12 section 146-5(f); 13 f. Home occupations - special use permit required; commercial fishing does not require a 14 special use permit;and- 15 g. Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 16 h. 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 ***** 25 (1) CFSD 20(located on Little Torch Key): 26 (1) The following uses are permitted as of right in Commercial Fishing Special District 20: 27 a. Commercial fishing, provided the use does not involve a vessel that draws more than 28 three (3)feet of water; 29 b. Commercial retail uses, limited to wholesale sales of catch; 30 c. Detached dwellings; 31 d. Replacement of mobile homes existing as of July 18, 1995 (adoption of Ordinance 026- 32 1995); 33 e. Accessory uses; 34 f. Replacement of docks in existence as of July 18, 1995 (adoption of Ordinance 026- 35 1995); 36 g. Home occupations - special use permit required; commercial fishing does not require a 37 special use permit; 38 h. Collocations on existing antenna supporting structures,pursuant to section 146-5(c); 39 i. Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 40 section 146-5(f);and 41 j. Wastewater nutrient reduction cluster systems that serve less than ten residences-; and 42 k. Public infrastructure and utilities,provided that: 43 a. The parcel(s) proposed for development shall be separated from any established 44 residential use by a class C bufferyard. As determined by the Planning Director, the 45 bufferyard may be required on all property lines adjacent to an established residential 46 principal use to screen the use from view. 47 b. A solid fence may be required upon determination by the Planning Director. 48 49 ***** 50 51 Sec. 130-80.-Commercial Fishing Village District(CFV). 52 (a) The following uses are permitted as of right in the commercial fishing village district: 53 (1) Commercial fishing; Ordinance No.010-2020 Page 9 of 22 File 2019-126 1 (2) Detached dwellings; 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); 5 (6) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 6 146-5(f);and- 7 (7) Home occupations—Special use permit required; commercial fishing does not require a special 8 use permit—; and 9 (8) 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 ***** 17 18 Sec. 130-81.-Destination Resort District(DR). 19 (a) The following uses are permitted as of right in the Destination Resort district: 20 (1) Detached dwellings; 21 (2) Vacation rental use if a special vacation rental permit is obtained under the regulations 22 established in section 134-1; 23 (3) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 24 (4) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 25 (5) Attached wireless communications facilities, as accessory uses,pursuant to section 146-5(d); 26 (6) Stealth wireless communications facilities,as accessory uses,pursuant to section 146-5(e);-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 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. 130-82.-Industrial District(I). 38 (a) The following uses are permitted as of right in the Industrial district: 39 (1) Restaurants of less than 5,000 square feet of floor area; 40 (2) Office uses of less than 5,000 square feet of floor area; 41 (3) Attached and detached dwellings involving less than six units, designated as employee housing 42 as provided for in section 139-1; 43 (4) Commercial apartments involving less than six dwelling units; 44 (5) Commercial fishing; 45 (6) Institutional uses; 46 (7) Light industrial uses; 47 (8) Public buildings and uses; 48 (9) Accessory uses; 49 (10) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 50 (11) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 51 (12) Attached wireless communications facilities,as accessory uses,pursuant to section 146-5(d); 52 (13) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);and 53 (14) Satellite earth stations, as accessory uses,pursuant to section 146-5(f)-; and Ordinance No.010-2020 Page 10 of 22 File 2019-126 1 (15) Public infrastructure and utilities,provided that: 2 a. The parcel(s) proposed for development shall be separated from any established residential 3 use by a class C bufferyard. As determined by the Planning Director, the bufferyard may be 4 required on all property lines adjacent to an established residential principal use to screen the 5 use from view. 6 b.A solid fence may be required upon determination by the Planning Director. 7 g ***** 9 10 Sec. 130-83.-Improved Subdivision District(IS). 11 (a) The following uses are permitted as of right in the improved subdivision district: 12 (1) In those improved subdivision districts with no subdistrict indicator, detached dwellings of all 13 types; 14 (2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only detached 15 dwellings of masonry appearance; 16 (3) IS-D: In those improved subdivision districts with a D subdistrict indicator: 17 a. Detached dwellings; and 18 b. Duplexes; 19 (4) Home occupations—Special use permit required; 20 (5) Accessory uses; 21 (6) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 22 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 23 146-5(f);and- 24 (8) Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 25 (9) Public infrastructure and utilities,provided that: 26 a. The parcel(s) proposed for development shall be separated from any established residential use 27 by a class C bufferyard. As determined by the Planning Director, the bufferyard may be required 28 on all property lines adjacent to an established residential principal use to screen the use from 29 view. 30 b. A solid fence may be required upon determination by the Planning Director. 31 32 ***** 33 34 See. 130-85.-Maritime Industries District(MI). 35 (a) The following uses are permitted as of right in the maritime industries district: 36 (1) Light industrial uses; 37 (2) Commercial retail, restaurant uses, or any combination thereof, of less than 5,000 square feet of 38 floor area; 39 (3) Office uses of less than 5,000 square feet of floor area; 40 (4) Heavy industrial uses; 41 (5) Commercial apartments involving less than six dwelling units, but tourist housing uses, vacation 42 rental use, of commercial apartments is prohibited; 43 (6) Attached and detached dwellings involving less than six units, designated as employee housing 44 as provided for in section 139-1; 45 (7) Commercial fishing; 46 (8) Institutional uses; 47 (9) Public buildings and uses; 48 (10) Accessory uses; 49 (11) Vacation rental use of any nonconforming dwelling units if a special vacation rental permit is 50 obtained under the regulations established in section 134-1; 51 (12) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 52 (13) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 53 (14) Attached wireless communications facilities, as accessory uses,pursuant to section 146-5(d); Ordinance No. 010-2020 Page I I of 22 File 2019-126 1 (15) Stealth wireless communications facilities,as accessory uses,pursuant to section 146-5(e);and- 2 (16) Satellite earth stations, as accessory uses,pursuant to section 146-5(f)-: and 3 (17) Public infrastructure and utilities,provided that: 4 a The parcel(s) proposed for development shall be separated from any established residential 5 use by a class C bufferyard As determined by the Planning Director, the bufferyard may be 6 required on all property lines adjacent to an established residential principal use to screen the 7 use from view. 8 b A solid fence may be required upon determination by the Planning Director. 9 10 ***** 11 12 Sec. 130-86.-Military Facilities District(MF). 13 (a) The following uses are permitted as of right in the military facilities district: 14 (1) Detached dwellings; 15 (2) Attached dwellings; 16 (3) Commercial retail and restaurant uses; 17 (4) Institutional uses; 18 (5) Institutional residential; 19 (6) Offices; 20 (7) Public buildings or uses; 21 (8) Airports; 22 (9) Accessory uses; 23 (10) Replacement of an existing antenna-supporting structure pursuant to section 146-5(b); 24 (11) Collocations on existing antenna-supporting structures,pursuant to section 146-5(c); 25 (12) Attached wireless communications facilities, as accessory uses,pursuant to section 146-5(d); 26 (13) Satellite earth stations, as accessory uses,pursuant to section 146-5(f);and- 27 (14) Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e)—.; 28 and 29 (15) Public infrastructure and utilities,provided that: 30 a The parcel(s) proposed for development shall be separated from any established residential 31 use by a class C bufferyard As determined by the Planning Director, the bufferyard may be 32 required on all property lines adjacent to an established residential principal use to screen the 33 use from view. 34 b A solid fence may be required upon determination by the Planning Director. 35 36 ***** 37 38 Sec. 130-87.- Mainland Native Area District(MN). 39 All development permitted in the mainland native area district shall comply with applicable rules and 40 regulations of the Big Cypress National Preserve. 41 (a) The following uses are permitted as of right in the mainland native area district: 42 (1) Detached dwellings; 43 (2) Beekeeping; 44 (3) Accessory uses; 45 (4) Home occupations—Special use permit required; 46 (5) Tourist housing uses, including vacation rental uses, are prohibited; 47 (6) Collocations on existing antenna-supporting structures, pursuant to section 146-5(c); and 48 (7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to 49 section 146-5(f). 50 (b) The following uses are permitted as minor conditional uses in the Mainland Native Area district, 51 subject to the standards and procedures set forth in chapter 110,article III: 52 (1) Educational and research centers, including campground spaces,provided that: 53 a. No more than two camping spaces are provided per acre; Ordinance No.010-2020 Page 12 of 22 File 2019-126 I 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 than two 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—.Land 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. Ordinance No.010-2020 Page 13 of 22 File 2019-126 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; Ordinance No.010-2020 Page 14 of 22 File 2019-126 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 special vacation 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);aft& 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 residential use 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 determination by 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; Ordinance No.010-2020 Page 15 of 22 File 2019 126 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 buff eryard ma by a 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 See. 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—.Land 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 fence may 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: Ordinance No. 010-2020 Page 16 of 22 File 2019-126 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) Accessory uses; 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);an- 12 (10) Wastewater nutrient reduction cluster systems that serve less than ten residences-; 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 ma by a 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);aFA- 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 be required 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);a4- Ordinance No.010-2020 Page 17 of 22 File 2019-126 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 See. 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 less than 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 racquetball 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 shall be 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; Ordinance No.010-2020 Page 18 of 22 File 2019-126 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—.Land 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);aad- 31 (9) Wastewater nutrient reduction cluster systems that serve less than ten residences—.Land 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 b�quired 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, including vacation 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); Ordinance No.010-2020 Page 19 of 22 File 2019-126 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—.Land 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 b�quired 7 on all property lines adjacent to an established residential principal use to screen the use from 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(CI). 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 racquetball 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 G 1) 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: Ordinance No.010-2020 Page 20 of 22 File 2019-126 I 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);&-A 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 parcels)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 upon determination 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 involved in 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 become effective 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 Ordinance No.010-2020 Page 21 of 22 File 2019-126 1 Section 7.Effective Date.This ordinance shall become as provided by law and stated above. 2 3 4 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, 5 at a regular meeting held on the 19th day of February 2020. 6 7 Mayor Heather Carruthers Yes 8 Mayor Pro Tem Michelle Coldiron Yes 9 Commissioner Craig Cates Yes 10 Commissioner David Rice Yes 11 Commissioner Sylvia Murphy Yes 13 14 i ' lam; ,Lt-,, � BOARD OF COUNTY COMMISSIONERS 150 `' \ OF MONROE CO , ORIDA ,f)17 �� ��� ,> � -� f y BY 18 " ` r`c f 7',,, HE CARRUTHERS 20 (SEPAL) �`''' 21 ' f1. MON POSE COON T r� 7_'` , 22 ATTEST: KEVIN MADOK,CLERK , . . Am) th ri. if 24 To--—,-,ii I--.-,--4- 25 DEPUTY CLERK 26 iv -rt 71 ;-i : 3J _ n -Ft 77 7' Ca' O Ordinance No.010-2020 Page 22 of 22 File 2019-126 The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P,(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com MONROE CO PLANNING DEPT MURRY E NELSON GOVERNMENT CENTER 102050 OVERSEAS HWY KEY LARGO FL 33037 Account: 138694 Ticket: 331486 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA [legal.text] COUNTY OF MONROE Before the undersigned authority personally appeared f.. .- `" t who on oath says that he or she is r of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida;that the attached copy of advertisment, being a legal notice in the matter of was published in said newspaper in the issues of: Sunday, February 2, 2020 Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspapers has hereto- fore been continuously published in said Monroe County, Florida every day,and has been entered as periodicals matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person,firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publica- tiWio the sajA neyyspape y r (Signature ofAffiant) armerd oi1d su�s7qi�*before me this day of February 2020 t r , tom.'( ( of, ublic Si n77'i' (Notary P blic Printed Name) (Notary Seal) My commission expires t ' -)L/ a Personally Known X Produced Identification_ Type of Identification Produced 1®4 fit ®®a® A11 .a r COMMISSION 22 2 ®, EXPIRES:Jun 7, 2022 <�",,,e,®®® nary "MONROE COUNTY BOARDe, I COMMISSIONERS NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING NOTICE OF CHANGE TO MONROE $, COMPREHENSIVE PLAIN n, NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT-CODE w NOTICE OF CHA VGE'`�T'O MONROE 6UNTY, � TIER OVERLAY DISTRICT MAP MA � ; NOTICE IS HEREBY GIVEN that on Wednesday. February 19 2020,the Monroe County Board of.County Commissioners will hold a Public Meeting at the Harvey GovemmeM Center,1200 Truman Avenue,Key West,FL 33040 to review andrecalve public cctnrnttcfor the following items: ��`i ��x r ill � PUBLIC HEARINGS 1:30 FM soon V thereafters miay a be heard): " „, ,i to"I'll xx".,i^' lililil�� AN""ORDINANCE BY THE MO RISE COUNTY BOARD OPT OF COUNTY COMMISSIONERS ADING AMENDMENTS TO THE MONROE'Cf?UNTY LAND DEVELOPMENT CODE TO AMEND SECTION 101-1 TO �CREATA DEFINITION FOR PUBLIC INFRASTRUCTUI3EATSIQ,UTILITIES;TO AMEND THE"DEFINITION OF r 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 SEVERABIUTY; 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.(FILE 2019-126) k,, � I O DINANCE BY THE MONROE CallAy BOARD OF COUNT "COMMISSIONERS AMENDING MONROE COUNTY LAND DEVELOPMENT CODE CHAPTER 142, SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;PROVIDING FOR TRANSMITTAL TO THE STATE LAND"'PLANNINC,AGENCY �6THE SECRETARY CIF W' E,�PROVIDING FOR INCLUSION IN THE MONROE, COUNTY CODE;PROVIDING FOA AN EFFECTIVE DATE.(FIL'E2019-100) AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE V MONROE COUNTY TIER OVERLAY DISTRICT MAP FROM TIER III-A TO TIER III AS REQUESTED BY THE SCHOOL BOARD OF MONROE COUNTY FLORIDA FOR A PARCEL OF LAND,LEGALLY,DESCRIBEQ AS PART OF LOT.1 AND PART OF LOT 2 SECTION 36,.TOWNSHIP 66S,RANGE 27E SUGARLOAF KEY;HAVING REAL , ESTATE NO:00118050 OOOOOQ Id• E C$�MItQN1`AIIIO141tiIlnAS THEFJ1=-a9RLOAFrSCFi00L, DhkTIT;" 255 CRANE SOULEVAR©�{ y OARL` "KEY.(FILE�419-167)(See Map T belo>wr) " AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS UPDATING THE FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS TABLE FOR FISCAL YEARS 2020-2024,;LOCATED I 1' WITHIN THE CAPITAL IMPROVEMENTS ELEMENTOF THE MONROE COUNTY YEAR 2030 COMPREHENSIVE PLAN,PURSUANT TO FLORIDA STATUTES 1633177(3);PROVIDING.FOR SEVERABILITY; PROVIDING FOR plll REPEAL OF CONFLICTING PROVISIONS-PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY,OF STATE; PROVIDING FOR"INCLUSION IN THE MONROE COUNTY COMPREHENSIVE PLAN;PROVIDING FOR AN EFFECTIVE DATE.(FILE 2019-101) 0 Map ll _ - 4er Overlay Q±strna ' - ,rer III-A tc TiCr ibi I,� art`: .s¢ r I I Illlllllllllllllll I�,, I I Coples 4111e aboveare available at the Monroe County Planning Department o ices in Marathon and Itey La[ga. during normal business hours and online at:www.monroecounty-fl.gov ,,,, `"t Pursuant to Section 286 0105 Florida Statutes, if a person decides ka a� J any,deraIonf 3Me Board;.ofh. „w iIion " Pe�to, ;.matter c"Biaerec aYFi`e meeting t! hearing,he or skta udl naerl a` record`bih proFeedings,and that,for such purRose,he dr she may need to insure a verbatim record of,"th "proceedings'is made,which record includes the testimony&evidence'u n which the at is to be based.- ADA ASSISTANCE: If you are a parson with a disability who n is"special.'accommodations in order-to. participate irrt this,proceeding please contact the County/administrator`s Office,by phoning(3,05),292-4441l between the hours of 8;30 a.m.-5:00p.m.,no later than five(5)calendar days prior to the<scheduleid meeting; if you are hearirig,or volcelmpalred call"711," GJt C°UR"° o: Kevin Madok, CPA .. .... Clerk of the Circuit Court& Comptroller— Monroe Count Florida •ROE COUNT. Y1 March 6, 2020 Department of State Administrative Code &Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No.010-2020 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting, held in formal session, on February 19, 2020. Should you have any questions, please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court& Comptroller& ex-officio to the Monroe County Board of County Commissioners by:Pamela G. Hancock, D.C. cc: Planning &Environmental County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 RON DESANTIS Governor March 6, 2020 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok: LAUREL M. LEE Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 010-2020, which was filed in this office on March 6, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us Final Order No. DEO-20-023 STATE OF FLORIDA ;T, DEPARTMENT OF ECONOMIC OPPORTUNITY r c�; In re: A LAND DEVELOPMENT REGULATION ADOPTED BY MONROE COUNTY, FLORIDA ORDINANCE NO. 010-2020 _T 00 cp — FINAL ORDER APPROVING MONROE COUNTY ORDINANCE NO. 010-2020 The Department of Economic Opportunity("Department")hereby issues its Final Order, pursuant to sections 380.05(6)and 380.0552(9), Florida Statutes, approving land development regulations adopted by Monroe County, Florida, Ordinance No. 010-2020(the"Ordinance"). FINDINGS OF FACT 1. The Florida Keys Area is designated by Section 380.0552,Florida Statutes, as an area of critical state concern. Monroe county is a local government within the Florida Keys Area. 2. The Ordinance was adopted by Monroe County on February 19,2020,and rendered to the Department on March 13, 2020. 3. The Ordinance amends Section 101-1 of Monroe County's Land Development Code to create a definition for public infrastructure and utilities and amends Chapter 130, Land Use Districts,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. CONCLUSIONS OF LAW 4. The Department is required to approve or reject land development regulations that are adopted by any local government in an area of critical state concern. See §§ 380.05(6) and 380.0552(9),Fla Stat. Final Order No. DEO-20-023 5. "Land development regulations"include local zoning,subdivision,building,and other regulations controlling the development of land. § 380.03 1(8), Fla. Stat. The regulations adopted by the Ordinance are land development regulations. 6. The Ordinance is consistent with the Monroe County Comprehensive Plan generally, as required by section 163.3177(1), Florida Statutes, and specifically,with Objective 101.1, Objective 101.5, and Objective 101.12. 7. All land development regulations enacted, amended, or rescinded within an area of critical state concern must be consistent with the Principles for Guiding Development for that area. § 380.05(6)and 380.0552(9),Fla Stat. The Principles for Guiding Development for the Florida Keys Area of Critical State Concern are set forth in Section 380.0552(7),Florida Statutes. 8. The Ordinance is consistent with the Principles for Guiding Development as a whole, and specifically complies with the following: (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. (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development. (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintain the Florida Keys as a unique Florida resource. Final Order No. DEO-20-023 WHEREFORE, IT IS ORDERED that the Department finds that Monroe county Ordinance No. 010-2020 is consistent with the Monroe County Comprehensive Plan and Principles for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby APPROVED. This Order becomes effective 21 days after publication in the Florida Administrative Register,unless a petition is timely filed as described in the Notice of Administrative Rights below. DONE AND ORDERED in Tallahassee, Florida. ies D. Stansbury, Bureau Chief ureau of Community Planning and Growth Department of Economic Opportunity Final Order No. DEO-20-023 NOTICE OF ADMINISTRATIVE RIGHTS ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO SECTION 120.569, FLORIDA STATUTES, BY FILING A PETITION. A PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS FILED WHEN IT IS RECEIVED BY: AGENCY CLERK DEPARTMENT OF ECONOMIC OPPORTUNITY OFFICE OF THE GENERAL COUNSEL 107 EAST MADISON ST.,MSC 110 TALLAHASSEE,FLORIDA 32399-4128 FAX 850-921-3230 AGENCY.CLERK@DEO.MYFLORIDA.COM YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION, REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-10.6.301, FLORIDA ADMINISTRATIVE CODE. DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS 120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2), FLORIDA STATUTES. PURSUANT TO SECTION 120.573,FLORIDA STATUTES,AND CHAPTER 28,PART IV, FLORIDA ADMINISTRATIVE CODE,YOU ARE NOTIFIED THAT MEDIATION IS NOT AVAILABLE. Final Order No. DEO-20-023 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicated this 12th day of May 2020. ,L.eo- genc lerk Department of Economic Opportunity 107 East Madison Street,MSC 110 Tallahassee, FL 32399-4128 By U.S. Mail: The Honorable Heather Carruthers Mayor,Monroe County 500 Whitehead Street Key West,Florida 33040 Kevin Madok,Clerk Monroe County Board of County Commissioners PO Box 1980 Key West,Florida 33041