Ordinance 004-1997
ORDINANCE NO. 004-1997
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CE MODIFYING THE EXISTING PROHIBITION ON TouR#T-H01.$NG 'OsE,
VACATION RENTAL USE IN RESIDENTIAL DISTRICT8.;:AMENDlbTG c-enE
SECTIO 9. -4 (T-3) TO DEFINE TOURIST HOUSING USE OR UNIT T~ INCLutfE puBLIC
LODGIN STABLISHMENTS, ROOMING HOUSES AND DWELLING lJNITS C@MONLY
KNOWN A VACATION RENTALS WHICH ARE RENTED FOR TENANCIE~F fl;SS
THAN 28 D YS; AND CREATING 9.5-4(V-.5) DEFINING VACATION RENTAL tfSE AS=AN
ATTACH OR DETACHED DWELLING UNIT RENTED FOR TENANCIES OF LESS THAN
TWENT -E GHT (28) DAYS; AMENDING 9.5-4 (C-ll) TO CLARIFY THAT COMMERCIAL
AP ART E TS MUST MEET AFFORDABLE HOUSING CRITERIA AND EXPRESSLY
PROHIB G THE TOURIST HOUSING USE OF COMMERCIAL APARTMENTS AND
INS TIT I NAL RESIDENTIAL DWELLING UNITS; AMENDING 9.5-4(0-8) TO DEFINE
DEVELO ENT TO INCLUDE TOURIST HOUSING USE AND VACATION RENTAL USE;
AMEND 9.5-204 TO ADD VACATION RENTAL USE TO THE PURPOSE OF THE URBAN
RESIDE T DISTRICT; AMENDING THE FOLLOWING CODE SECTIONS TO
EXPRES L PROHIBIT ALL TOURIST HOUSING USES INCLUDING V ACA TION
RENTAL: .5-234 (URBANRESIDENTIAL-MOBILEHOME DISTRICT), 9.5-235.1 (URBAN
RESIDE MOBILE HOME- LIMITED), 9.5-238 (SP ARSEL Y SETTLED RESIDENTIAL
DISTRIC ),9.5-239 (NATIVE AREA DISTRICT), 9.5-240 (MAINLAND NATIVE AREA), 9.5-
255 (CO ERCIAL FISHING RESIDENTIAL); AND 9.5-242 (IMPROVED SUBDIVISION
DISTRIC ), EXCEPT IN GATED COMMUNITIES WITHIN IS, URM AND URM-L THAT
HAVE 0 TROLLED ACCESS AND HOMEOWNER'S OR PROPERTY OWNER'S
ASSOCI TONS THAT REGULATE VACATION RENTAL USES; AMENDING THE
FOLLO I G CODE SECTIONS TO ALLOW VACATION RENTAL USE AS OF RIGHT
SUBJEC 0 CERTAIN CONDITIONS: 9.5-236 (SUB URBAN RESIDENTIAL DISTRICT),
9.5-237 ( URBAN RESIDENTIAL DISTRICT [LIMITED]), SECTION 9.5-250 (MARITIME
INDUST S), SECTION 9.5-243 (DESTINATION RESORT), SECTION 9.5-248 (MIXED
USE), SCION 9.5-235 (SUBURBAN COMMERCIAL) SECTION 9.5-232 (URBAN
COMME C ); 9.5-233 (URBAN RESIDENTIAL DISTRICT); CLARIFYING OCCUPANCY
TERMS RENTAL OF RECREATIONAL VEHICLE SPACES IN SECTION 9.5-244
(RECRE TONAL VEHICLES); AMENDING CHAPTER 9.5 TO CREATE A NEW CODE
SECTIO .5-242.5 (IMPROVED SUBDIVISION TOURIST HOUSING SUBINDICATOR
DISTRIC) LOWING VACATION RENTAL USES AND CREATING REQUIREMENTS
FOR OV AL OF IS- T REZONINGS, INCLUDING TRAFFIC IMP ACTS AND
COMP A I ILITY WITH THE SURROUNDING AREA, REBUTTABLE PRESUMPTIONS
CONCE G SPOT ZONING AND BUFFERY ARDS; AMENDING SECTION 9.5-241
(OFFSH ISLAND DISTRICT); GRANDFATHERING EXISTING VACATION RENTAL
USES PROHIBITING MARINAS AND CAMPGROUNDS ON OFFSHORE ISLANDS;
CREAT G NEW SECTION 9.5-534 ESTABLISHING A SPECIAL VACATION RENTAL
PERMIT ESTABLISHING ANNUAL PERMIT FEE BY SEPARATE RESOLUTION;
CREAT G REGULATIONS FOR VACATION RENTALS AND ISSUANCE OF A SPECIAL
VACATION RENTAL PERMIT INCLUDING MINIMUM BUFFERYARDS, MAXIMUM
NUMBER OF WATERCRAFT, OFF-STREET VEHICLE AND BOAT TRAILER PARKING,
MAINTENANCE OF GUEST AND VEHICLES REGISTER, OBTAINING STATE LICENSES,
COMPLIANCE WITH SANITARY W ASTEW A TER REGULATIONS CONTAINED IN DOH
AND DEP REGULATIONS, COMPLIANCE WITH NFPA LIFE SAFETY CODE 101;
PROHffiITING TRANSFER OF SPECIAL PERMITS; PROHffiITING LIVE-ABOARDS;
RESTRICTING AMPLIFIED SOUND TO PROPERTY BOUNDARIES; REQUIRING TRASH
CONTAINERS AND NOTICE OF TRASH AND RECYCLING COLLECTION; NAME AND
PHONE NUMBER OF CONTACT PERSON AUTHORIZING INSPECTION BY CODE
ENFORCEMENT; OCCUPANCY LIMITS; INCORPORATION IN LEASE TERMS; AND
PROOF OF NOTICE OF THE APPLICATION AND RESTRICTIVE COVENANT
DISCLAIMER; REQUIRING FEDERAL AND STATE TAX ID; PROVIDING FOR
REVOCATION; PROHIBITING TOURIST HOUSING USE OF DWELLING UNITS BY
LANDOWNERS OR AGENTS IN ANY DISTRICT(S) WHERE TOURIST HOUSING USE IS
PROHIBITED, PROHffiITING THE ADVERTISING OF DWELLING UNITS FOR TOURIST
HOUSING USE IF THE DWELLING UNITS ARE LOCATED IN A DISTRICT(S) WHERE
TOURIST HOUSING USE IS PROHIBITED, PROVIDING THAT EACH LEASE OF LESS
THAN 28 DAYS SHALL CONSTITUTE A NEW VIOLATION, PROVIDING THAT VACATION
RENTAL LEASES IN DISTRICTS WHICH PROHffiIT V ACA TION RENTAL USES SHALL
NOT BE ENTERED INTO OR RENEWED AFTER THE EFFECTIVE DATE OF THE
ORDINANCE, PROVIDING THAT NON-CONFORMING USE PROVISIONS SET FORTH IN
SECTIONS 9.5-141 THROUGH 9.5-146 SHALL NOT APPLY TO ANY PARTICULAR
TOURIST HOUSING OR VACATION RENTAL USES, PROVIDING THAT PRE-EXISTING
USES THAT WERE ESTABLISHED UNDER ANY CODE PROVISION EXPRESSLY
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ALLOWING VACATION RENTAL USES THAT WERE IN EFFECT PRIOR TO SEPTEMBER
15, 1986 MAY REMAIN SUBJECT TO NON-CONFORMING USE PROVISIONS, PROVIDING
THAT THE PROVISIONS OF SECTION 9.5-2(c) ("DEEMER PROVISION') SHALL NOT
APPLY TO TOURIST HOUSING OR VACATION RENTAL USE, PROVIDING THAT THE
CODE ENFORCEMENT FOUR-YEAR STATUTE OF LIMITATIONS SET FORTH IN
SECTION 6.3-13 SHALL NOT APPLY TO NEW VACATION RENTAL LEASES OR
VIOLATIONS OF THE PROHIBITION ON VACATION RENTAL USES; PROVIDING
PENALTIES FOR VIOLATION OF THE PROHffiITION ON VACATION RENTAL USE;
ENABLING CITIZENS TO SEEK INJUNCTIVE JUDICIAL RELIEF AND PROVIDING FOR
AN AWARD OF DISCRETIONARY ATTORNEY'S FEES; AMENDING CODE SECTIONS 6.3-
13 (STATUTE OF LIMITATIONS), 9.5-2 (DEEMER PROVISION), 9.5-143 (NON-
CONFORMING USES) AND 9.5-184 (VESTED RIGHTS) TO PROHIBIT RENEWAL OF
LEASES, SUBLEASES OR ASSIGNMENTS OF LESS THAN 28 DAYS IN DISTRICTS THAT
PROHIBIT VACATION RENTAL USES OR LEASES, SUBLEASES AND ASSIGNMENTS OF
RV SPACES FOR GREATER THAN 6 MONTHS; AMENDING 9.5-490.1 TO INCLUDE
TOURIST HOUSING UNITS AS DEFINED IN 9.5-4(T -3); PROVIDING FOR SEVERABILITY,
CONFLICT, INCORPORA nON IN THE CODE, AN EFFECTIVE DATE, TRANS MITT AL TO
DCA AND THE SECRETARY OF STATE.
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WHEREAS, Monroe County desires to amend the Land Development Regulation to
expressly clarify the existing prohibition on short term rental (less than 28 days) of single family
homes within Improved Subdivisions and other residential districts; and
WHEREAS, Monroe County proposes that such vacation rental uses be allowed in all
land use districts except Mobile Home (URM), Mobile Home Limited (URM-L), Native Area
(NA), Mainland Native (MN), and Improved Subdivisions, unless IS districts obtain a rezoning
to a tourist housing subindicator district (IS- T):
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, that:
Section 1. Purpose. The purpose of this ordinance is to further and expressly clarify the
existing prohibition on short-term transient rental of dwelling units for less than twenty-eight
(28) days in duration in Improved Subdivisions, mobile home districts (which provide affordable
housing) and native areas, and to allow tourist housing uses in all other districts and in improved
subdivision districts with a newly-created tourist housing subindicator (IS- T).
Section 2. Monroe County Code 99.5-4 is hereby amended to read as follows:
Sec. 9.5-4 - Definitions
(D-8) Development means the carrying out of any building activity, the making of any
material change in the use or appearance of any structure or land or water, or the subdividing of
land into two (2) or more parcels.
(a) Except as provided in subsection (c) hereof, for the purposes of this chapter, the
following activities or uses shall be taken to involve "development":
(1) A reconstruction, alteration of the size, or material change in the external
appearance of a structure on land or water.
(2) A change in the intensity of use of land, such as an increase in the number
of dwelling units in a structure or on land or a material increase in the
number of businesses, manufacturing establishments, offices or dwelling
units in a structure or on land.
(3) Alteration of a shore or bank of a seacoast, lake, pond or canal, including
any work or activity which is likely to have a material physical effect on
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existing coastal conditions or natural shore and inlet processes.
(4) Commencement of drilling (except to obtain soil samples), mining or
excavation on a parcel of land.
(5) Demolition of a structure.
(6) Clearing of land, including clearing or removal of vegetation and,
including significant disturbance of vegetation or substrate (soil)
manipulation, including the trimming of mangroves to the extent allowed
by law. (Ord. No. 19-1989, ~ I(PDll))
(7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
(b) "Development" includes all other activity customarily associated with it. When
appropriate to the context, "development" refers to the act of developing or to the
result of development. Reference to any specific operation is not intended to
mean that the operation or activity, when part of other operations or activities, is
not development. Reference to particular operations is not intended to limit the
generality of this definition.
(c) For the purpose of this chapter, the following operations or uses shall not be taken
to involve "development"
(1) Work involving the maintenance, renewal, improvement or alteration of
any structure, if the work affects only the color or decoration of the
exterior ofthe structure or interior alterations that do not change the use
for whiCh the structure was constructed.
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(2) Work involving the maintenance of existing landscaped areas and existing
rights-of-way such as yards and other non-natural planting areas.
(3) A change in use ofland or structure from a use within a specified category
of use to another use in the same category unless the change involves a
change from a use permitted as of right to one permitted as a minor or
major conditional use or from a minor to a major conditional use.
(4) A change in the ownership or form of ownership of any parcel or structure.
(5) The creation or termination of rights of access, riparian rights, easements,
covenants concerning development of land, or other rights in land unless
otherwise specifically required by law.
(6) The clearing of survey cuts or other paths ofless than four (4) feet in
width and the mowing of vacant lots in improved subdivisions and areas
that have been continuously maintained in a mowed state prior to the
effective date of the plan, the trimming of trees and shrubs and gardening
in areas of developed parcels that are not required open space and the
maintenance of public rights-of-way and private accessways existing on
the effective date of this chapter or approved private rights-or-way.
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@ Development also means the tourist housing use or vacation rental
use of a dwelling unit. or a change to such a use (i.e.. conversion of existing
dwelling units to vacation rental use). Vacation rental use of a dwelling unit
requires building permits. inspection( s) and a certificate of occupancy.
(T-3) Tourist housing use or unit means a dwelling unit used as transient housing for
tenancies of less than twenty-eight (28) days duration, such as a hotel or motel, public lodging
establishment. rooming house. vacation rental, room, or space for parking a recreational
vehicle or travel trailer or units that are advertised and held out to the public for such use.
Tourist housing use shall include the rental. lease. sublease. or assignment of existing dwelling
units for tenancies of less than 28 days duration.
(V-.5) Vacation rental use or unit means an attached or detached dwelling unit that is rented.
leased or assigned for tenancies of less than twenty-eight (28) days duration and is not within a
multifamily building with 24 hour on-site management supervision. Vacation rental use does
not include hotels. motels. and RV spaces. which are specifically addressed in each district.
(C-l1) Commercial apartment means a residential dwelling unit that is developed in
conjunction with a non-residential use and is intended to serve the housing needs of persons
who are gainfully employed in Monroe County. All commercial apartments must comply with
the affordable housing criteria set forth in Section 9.5-4(A-5) and Section 9.5-266. Tourist
housing use or vacation rental use of commercial apartments is prohibited.
Section 3. Monroe County Code ~9.5-204 is hereby amended to read as follows:
Sec. 9.5-204 Purpose of Urban Residential District
The purpose of the UR District is to provide areas appropriate for high-density residential uses
designed and intended for occupancy by persons gainfully employed in the Florida Keys and to
create areas to provide for vacation rental use of detached dwellings. duplexes. and multi-
family dwellings. This district should be established at or near employment centers.
Section 4. Monroe County Code ~9 .5-232 is hereby amended to read as follows:
Sec. 9.5-232. Urban Commercial District.
(a) The following uses are permitted as of right in the Urban Commercial District:
(1) Commercial retail of low- and medium-intensity and office uses or any
combination thereof of less than five thousand (5,000) square feet of
floor area;
(2) Commercial retail uses of high intensity of less than twenty-five
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hundred (2,500) square feet of floor area;
(3) Institutional residential uses involving less than twenty (20) dwelling
units or rooms;
(4) Commercial apartments involving less than six (6) dwelling units in
conjunction with a permitted commercial use;
(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;
f. Swimming pools;
(6)
Institutional uses;
(7)
Public buildings and uses;
(8)
Accessory uses.
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Vacation rental use of non-conforming detached and attached dwelling
,
units if a special vacation rental permit is obtained under the regulations
established in Code ~9 .5-534.
(b) The following uses are permitted as minor conditional uses in the Urban
Commercial District, subject to the standards and procedures set
forth in article III, division 3:
(1) Commercial retail of low- and medium-intensity and office uses or any
combination thereof of greater than five thousand (5,000) but less than
twenty thousand (20,000) square feet of floor area, provided that access
to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U.S. 1 by at least four hundred (400) feet;
(2) Commercial retail uses of high intensity of greater than twenty-five
hundred (2,500) but less than ten thousand (10,000) square feet of floor
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area, provided that [access to U.S. 1 is by way of]:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U.S. 1 by at least four hundred (400) feet;
(3) Institutional residential uses involving twenty (20) or more dwelling
units or rooms, provided that:
a. The use is compatible with land use established in the immediate
vicinity of the parcel proposed for development;
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
(4) Commercial apartments involving more than six (6) dwelling units in
conjunction with a permitted commercial use, provided that:
a. The ~ours of operation of the commercial uses proposed in
conjunction with the apartments are compatible with residential
uses; and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
c. Tourist housing uses. including vacation rental use. of
commercial apartments is prohibited.
(5) Hotels of fewer than fifty (50) rooms, provided that:
a. The use is compatible with established land uses in the
immediate vicinity;
b. One (1) or more of the following amenities are available to
guests:
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(i) Swimming pools;
(ii) Marina; or
(iii) Tennis courts;
c. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U . S. 1 by at least four hundred (400)
feet;
@ Parks and community parks.
(c) The following uses are permitted as major conditional uses in the Urban
Commercial District, subject to the standards and procedures set forth in article
III, division 3:
(1) Commercial retail of medium- and low-intensity and office uses, or any
combination thereof, of greater than twenty thousand (20,000) square
feet in floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A sig~alized intersection; or
c. A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
(2) Commercial retail uses of high intensity of greater than ten thousand
(10,000) square feet in floor area, provided that access to U.S. 1 is by
way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
(3) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
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b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
(4) Marinas, provided that:
a. The parcel proposed for development has access to water of at
least four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height.
d. Any commercial fishing activities are limited to the landing of
catch, mooring and docking of boats and storage of traps and
other fishing equipment;
ill Amusement or sea life parks and drive-in theaters, provided that:
a. The parcel of land has an area of at least two (2) acres;
b. The parcel is separated from any residential district or
established residential use by at least a class E buffer; and
c. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
@ Heliports or seaplane ports, provided that:
a. The heliport is associated with a governmental services facility,
a law enforcement element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation
Administration certified landing facility.
c. The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
d. If there are established uses within five hundred (500) feet of
the parcel proposed for development, the hours of operation
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shall be limited to daylight; and
e. The use is fenced or otherwise secured from any entry by
unauthorized persons.
Section 5. Monroe County Code ~9.5-233 is hereby amended to read as follows:
Sec. 9.5-233. Urban Residential District.
(a) The following uses are permitted as of right in the Urban Residential District:
(1) Detached residential dwellings;
(2) Public buildings and uses;
(3) Home occupations-Special use permit requiring a public hearing;
(4) Accessory uses;
ill Vacation rental use if a special vacation rental permit is obtained
under the regulations established in Code ~9.5-534.
(b) The following uses are permitted as minor conditional uses in the Urban
Residential District, subject to the standards and procedures set forth in article
III, division 3:
(1) Attached residential dwelling units, provided that:
a. Sufficient common areas for recreation are provided to serve the
number of dwelling units proposed to be developed;
b. All entryways are designed and lighted to allow safe and secure
access to all structures from walks and parking areas; and
c. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
(2) Institutional and institutional-residential uses, provided that access to
U.S. 1 is by way of:
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a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U. S. 1 by at least four hundred (400) feet;
(3) Parks and community parks.
(c) The following uses are permitted as major conditional uses in the Urban
Residential District, subject to the standards and procedures set forth in article
III, division 3:
(1) Marinas, provided that:
a. The parcel provided for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products;
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
d. Vessels docked or stored shall not be used for live-aboard
purposes;
(2) Time-share estates, including uses accessory thereto, provided that:
a. The use is compatible with established land uses in the
immediate vicinity;
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
c. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
d. Time-share units shall have a minimum living area of nine
hundred fifty (950) square feet;
e. The parcel proposed for development shall have a minimum size
of four (4) acres;
f. The density does not exceed four (4) dwelling units per acre; and
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g. The time share units comply with the requirements of the
Florida Real Estate Time-Sharing Act [F. S. ~ 721.01 et seq.].
Section 6. Monroe County Code ~9.5-234 is hereby amended to read as follows:
Sec. 9.5-234. Urban Residential- Mobile Home District.
(a) The following uses are permitted, as of right in the Urban Residential - Mobile
Home District:
(1) Mobile homes;
(2) Detached residential dwellings;
(3) Recreational vehicles as provided in chapter 513, Florida Statutes;
(4) Home occupations-Special use permit requiring a public hearing;
(5) Accessory uses; and
,@ Tourist housing uses. including vacation rental uses. are prohibited
except in gated communities which have (a) controlled access and (b) a
homeowner's or property owner's association that expressly regulates or
manages vacation rental uses.
(b)
The following uses are permitted as major conditional uses in the Urban
Residential Mobile Home District, subject to the standards and procedures set
forth in article III, division 3:
(1) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products;
c. Vessels docked or stored shall not be used for live-aboard
purposes; and
d. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
(2) Commercial retail of low- and medium-intensity and office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet
of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be
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located abuts the right-of-way of U.S. 1;
b. The structure must be located within two hundred (200) feet
of the centerline of U.S. 1;
c. The commercial retail use does not involve the sale of petroleum
products;
d. The commercial retail use does not involve the outside storage
or display of goods or merchandise;
e. There is no direct access to U.S. 1 from the parcel of land on
which the commercial retail use is to be located;
f. The structure in which the commercial retail use is to be located
is separated from the U.S. 1 right-of-way by a class C
bufferyard;
g. The structure in which the commercial retail use is to be located
is separated from any existing residential structure by a class C
bufferyard; and
h. No signage other than one (1) identification sign of no more
than four (4) square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be
located except for the yard or wall that abuts the right-of-way
for U.S. 1;
(3) Parks and community parks.
Section 7. Monroe County Code ~9.5-235 is hereby amended to read as follows:
Sec. 9.5-235. Sub Urban Commercial District.
(a) The following uses are permitted as of right in the Sub Urban Commercial
District:
(1) Commercial retail, low and medium intensity and office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet
of floor area;
(2) Institutional residential uses, involving less than ten (10) dwelling units
or rooms;
(3) Commercial apartments involving less than six (6) dwelling units in
conjunction with a permitted commercial use;
(4) Commercial recreational uses limited to:
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a. Bowling alleys;
b. Tennis and racquet ball courts;
c. Miniature golf and driving ranges;
d. Theaters;
e. Health clubs;
f. Swimming pools;
(5) Institutional uses;
(6) Public buildings and uses;
(7) Accessory uses;
(8) Storage areas, provided that the area does not exceed twenty-five (25)
percent of the gross area of the parcel proposed for development; if
such areas exceed twenty-five (25) percent, than approval must be
obtained pursuant to subsection (b )(8).
121 Vacation rental use of non-conforming detached and attached dwelling
units. if a special vacation rental permit is obtained under the regulations
established in Code &9.5-534.
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Commercial nistrict~ subject to the standards and procedures set forth in article
III, division 3:
(1) Commercial retail of low and medium intensity and office uses or any
combination thereof of greater than twenty-five hundred (2,500) but less
than ten thousand (10,000) square feet of floor area, provided that
access to U. S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U.S. 1 by at least four hundred (400) feet;
(2) Commercial retail uses of high intensity of less than twenty-five
hundred (2,500) square feet in floor area; provided that access to U.S.
1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
14
side of U.S. 1 by at least four hundred (400) feet;
(3) Institutional residential uses involving ten (10) to twenty (20) dwelling
units or rooms, provided that:
a. The use is compatible with land use established in the immediate
vicinity of the parcel proposed for development;
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from another curb cut on the
same side of U. S. 1 by at least four hundred (400) feet;
(4) Commercial apartments involving more than six (6) dwelling units in
conjunction with a permitted commercial use, provided that:
a. The hours of operation of the commercial uses proposed in
conjunction with the apartments are compatible with residential
uses; and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
~ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U . S. 1 by at least four hundred (400)
feet;
c. Tourist housing uses. including vacation rental uses. of
commercial apartments are prohibited.
(5) Hotels of fewer than twenty-five (25) rooms, provided that:
a. The use is compatible with established land uses in the
immediate vicinity; and
b. One (1) or more of the following amenities are available to
guests:
(i) Swimming pool;
(ii) Marina; or
(iii) Tennis courts;
@ Campgrounds, provided that:
15
a. The parcel proposed for development has an area of at least five
(5) acres;
b. The operator of the campground is the holder of a valid Monroe
County occupational license;
c. If the use involves the sale of goods and services, other than the
rental of camping sites or recreational vehicle parking spaces,
such use does not exceed one thousand (1,000) square feet and
is designed to serve the needs of the campground; and
d. The parcel proposed for development is separated from all
adjacent parcels of land by at least a class C bufferyard;
ill Light industrial uses, provided that:
a. The parcel proposed for development does not have an area of
greater than two (2) acres;
b. The parcel proposed for development is separated from any
established residential use by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent use by a
solid fence, wall or hedge at least six (6) feet in height;
ill Parks and community parks.
(c) The following uses are permitted as major conditional uses in the Sub Urban
Commercial District subject to the standards and procedures set forth in Article
III, division 3:
(1) Commercial retail of low- and medium-intensity and office uses or any
combination thereof greater than ten thousand (10,000) square feet in
floor area, provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U.S. 1 by at least four hundred (400) feet;
(2) Commercial retail uses of high intensity greater than twenty-five
hundred (2,500) square feet in floor area provided that access to U.S.
1 is by way of:
a. An existing curt cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of U.S. 1 by at least four hundred (400) feet;
16
(3) Institutional residential uses involving twenty (20) or more dwelling
units or rooms; provided that:
a. The use is compatible with land use established in the immediate
vicinity of the parcel proposed for development; and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
c. Tourist housing uses. including vacation rental uses. of
institutional residential units are prohibited.
(4) Hotels providing twenty-five (25) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet.
(~ Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products; and
c. All outside storage areas are screened from adjacent uses by a
fence, wall or hedge of at least six (6) feet in height;
d. Any commercial fishing activities are limited to the landing of
catch, mooring and docking of boats and storage of traps and
other fishing equipment;
(~) Mariculture, 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
17
established residential use by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
(1) Heliports or seaplane ports, provided that:
a. The helicopter is associated with a government service facility,
a law enforcement element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation
Administration certified landing facility;
c. The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
d. If there are established residential uses within five hundred (500)
feet of the parcel proposed for development, the hours of
operation and nonemergency aircraft shall be limited to daylight;
and
e. The use is fenced or otherwise secured from entry by
unauthorized persons.
Section 8. Monroe County ~9.5-235.1 is hereby amended to read as follows:
Sec. 9.5-235.1. URM-L District.
(a) The following uses are permitted as of right in the URM-L district:
(1) Mobile homes;
(2) Recreational vehicles, as provided in Florida Statutes chapter 513;
(3) Home occupations by special use permit requiring a public hearing;
(4) Accessory uses,;, and
ill Tourist housing uses. including vacation rental uses. are prohibited
except in gated communities which have (a) controlled access and (b) a
homeowner's or property owner's association that expressly regulates or
manages vacation rental uses.
(b) The following uses are permitted as major conditional uses in the URM-L
district subject to the standards and procedures set forth in article VII, division
4:
(1) Marinas, provided that:
18
a. The marina is primarily intended and designed to serve the
residents of the district in which it is located;
b. The parcel proposed for development has access to water of at
least four (4) feet below mean sea level at mean low tide;
c. The sale of goods and services is limited to fuel, food, boating
and diving and sport fishing products;
d. Vessels docked or stored shall not be used for live-aboard
purposes; and
e. All outside storage area are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
(2) Commercial retail of low intensity of less than twenty-five hundred
(2,500) square feet of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be
located abuts the right-of-way of U.S. 1;
b. The primary structure must be located within two hundred (200)
feet of the center line of U. S. 1;
c. The commercial retail use does not involve the sale of petroleum
products;
d. The commercial retail use does not involve the outside storage
of merchandise;
e. There is no direct access to U.S. 1 from the parcel of land on
which the commercial retail use is to be located;
f. The structure in which the commercial retail use is to be located
is separated from the U.S. 1 right-of-way by a class C
bufferyard;
g. The structure in which the commercial retail use is to be located
is separated from any existing residential structure by a class C
bufferyard; and
h. No signage other than one (1) identification sign of no more
than four (4) square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be
located except for the yard or wall that abuts the right-of-way
of U.S. 1.
Section 9. Monroe County Code ~9.5-236 is hereby amended to read as follows:
Sec. 9.5-236. Sub Urban Residential District.
(a) The following uses are permitted as of right in the Sub Urban Residential
District:
19
(1) Detached residential dwellings;
(2) Community parks;
(3) Beekeeping;
(4) Home occupations-Special use permit requiring a public hearing;
(5) Accessory uses; and
@ Vacation rental use if a special vacation rental permit is obtained under
the regulations established in Code &9.5-534.
(b) The following uses are permitted as minor conditional uses in the Sub Urban
Residential District, subject to the standards and procedures set forth in article
III, division 3:
(1) Attached residential dwelling units, provided that:
a. The total number of units does not exceed four (4) per building;
b. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development;
and
c. The parcel proposed for development is separated from any
established detached residential use by a class C bufferyard.
(2) Public or private community tennis courts and swimming pools,
provided that:
a. The parcel of land proposed for development does not exceed
five (5) acres;
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not
shine directly on any established residential use;
(3) Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
b. Access to U.S. 1 is by way of:
20
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U . S. 1 by at least four hundred (400)
feet;
(4) Commercial retail of low- and medium-intensity or office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet
of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be
located abuts the right-of-way of U.S. 1, or a dedicated right-of-
way to serve as a frontage road for U. S. 1;
b. The structure must be located within two hundred (200) feet of
the centerline of U. S. 1;
c. The commercial retail use does not involve the sale of petroleum
products;
d. The commercial retail use does not involve the outside storage
or display of goods or merchandise with the exception that
outside sales and display for nurseries may be permitted with the
stipulation that required open space and required bufferyards
may not be used for display and sales;
e. There is no direct access to U.S. 1 from the parcel of land on
whic~ the commercial retail use is to be located;
f. The structure in which the commercial retail use is to be located
is separated from the U.S. 1 right-of-way by a class C
bufferyard;
g. The structure in which the commercial retail use is to be located
is separated from any existing residential structure by a class C
bufferyard; and
h. No signage other than one (1) identification sign of no more
than four (4) square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be
located except for the yard or wall that abuts the right-of-way
for U.S. 1;
(5) Parks and community parks;
(6) Institutional uses provided that:
a. The parcel proposed for development is separated from any
established residential uses by a class C buffer-yard; and
b. Access to U.S. 1 is by way of:
21
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
(7) Churches, synagogues, and houses of worships provided that:
a. The parcel proposed for development is separated from any
established residential uses by a class C buffer-yard; and
b. Access to U.S. 1 is by way of:
(i) . An existing curb cut; or
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet.
(c) The following uses are permitted as major conditional uses in the Sub
Urban Residential District, subject to the standards and procedures set
forth in article III, division 3:
(1) Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development;
and
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard.
(2) Institutional residential uses, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
c. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
22
the same side of U. S. 1 by at least four hundred (400)
feet;
(3) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods and services other
than private clubs, sport fishing charters, boat dockage and
storage;
c. All boat storage is limited to surface storage on trailers or skids
and no boats or other equipment is stored on any elevated rack,
frame or structure;
d. Vessels docked or stored shall not be used for live-aboard
purposes;
e. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
f. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
(4) 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 use by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by
solid fence, wall or hedge at least six (6) feet in height;
(5) Campgrounds, provided that:
a. The parcel proposed for development has an area of at least five
(5) acres;
b. The operator of the campground is the holder of a valid Monroe
County occupational license;
c. If the use involves the sale of goods and services, other than the
rental of camping sites or recreational vehicle parking spaces,
such use does not exceed one thousand (1,000) square feet and
is designed to serve the needs of the campground; and
d. The parcel proposed for development is separated from all
adjacent parcels of land by at least a class C bufferyard;
(6) Hotels of fewer than twelve (12) rooms, provided that:
23
a. The parcel proposed for development has an area of at least two
ill acres.;
b. All signage is limited to that permitted for a residential use;
c. The parcel proposed for development is separated from any
established residential use by at least a class C bufferyard; and
d. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
(7) Clubhouse or meeting facilities for educational and public interest
purposes, provided that:
a. The use does not exceed five thousand (5,000) square feet of
floor area; and
b. The parcel proposed for development is separated from all
adjacent residential uses by a class C bufferyard;
(8) Communication towers, provided that:
a. The parcel proposed is at least one (1) acre; and
b. The tower is set back from the property line a distance equal to
the height of the tower and any guy supports are set back twenty
(20) feet from any property line.
Section 10. Monroe County Code ~9.5-237 is hereby amended to read as follows:
Sec. 9.5-237. Sub Urban Residential District (Limited).
The following uses are permitted as of right in the Sub Urban Residential District
(Limited) :
(1) Detached residential dwellings;
(2) Community parks;
(3) Beekeeping;
(4) Home occupations-Special use permit requiring a public hearing;
(5) Accessory uses; and
@ Vacation rental use if a special vacation rental permit is obtained under
the regulations established in Code &9.5-534.
24
Section 11. Monroe County Code ~9.5-238 is hereby amended to read as follows:
Sec. 9.5-238. Sparsely Settled Residential District.
(a) The following uses are permitted as of right in the Sparsely Settled Residential
District:
(1) Detached residential dwellings;
(2) Beekeeping;
(3) Home occupations-Special use permit requiring a public hearing;
(4) Accessory uses; and
ill Tourist housing uses. including vacation rental uses are prohibited.
(b) The following uses are permitted as minor conditional uses in the Sparsely
Settled Residential District, subject to the standards and procedures set forth in
Article III, division 3:
(1) Attached residential dwelling units, provided that:
a. The total number of units does not exceed four (4); and
b. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development.
(2) Public or private community tennis courts and swimming pools,
provided that:
a. The parcel of land proposed for development does not exceed
five (5) acres;
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
c. All outside lighting is designed and located so that light does not
shine directly on any established residential use;
(3) Public buildings and uses, provided that:
a. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
25
b. The parcel of land proposed for development is at least two (2)
acres;
(4) Parks and community parks.
(c) The following uses are permitted as major conditional uses in the Sparsely
Settled Residential District, subject to the standards and procedures set forth in
Article III, division 3:
(1) Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development;
and .
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than
sport fishing charters, boat dockage and storage;
c. All boat storage is limited to surface storage on trailers or skids
and no boats or other equipment is stored on any elevated rack,
frame or structure;
d. Vessels docked or stored shall not be used for live-aboard
purposes;
e. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
f. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
(3) Agricultural uses, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential uses by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
26
ill Solid waste facility, provided that:
a. The parcel of land proposed for development is at least forty
(40) acres;
b. All landfill activity occurs no closer than one hundred fifty (150)
feet to any property line and at least a class F buffer is provided
within this setback;
c. No fill shall exceed -five (35) feet in height from the
original grade of the property;
d. Such operations comply with section 403.701 et seq., Florida
Statutes;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely
affect surrounding properties;
g. Road access to the site from U.S. 1 is limited to traffic serving
the landfill; and
h. Three (3) alternative feasible sites are presented as part of the
conditional use application;
ill Communications towers, provided that the parcel proposed is at least
one (1) acre.
Section 12. Monroe County Code ~9.5-239 is hereby amended to read as follows:
Sec. 9.5-239. Native Area District.
(a) The following uses are permitted as a right in the Native Area District:
(1) Detached residential dwellings;
(2) Beekeeping;
(3) Home occupations - Special use permit requiring a public hearing;
(4) Accessory uses; and
ill Tourist housing uses. including vacation rental uses. are prohibited.
(b) The following uses are permitted as minor conditional uses in the Native Area
District, subject to the Standards and procedures set forth in article III, division
3:
(1) Attached residential dwelling units, provided that:
27
a. The total number of units does not exceed four (4); and
b. The structures are designed and located so that they are visually
compatible with established residential development within
two hundred fifty (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 bufferyard; and
b. The parcel proposed for development is at least two (2) acres;
(3) Agricultural'uses, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential uses by at least a class C bufferyard;
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall of hedge of at least sex (6) feet in height; and
(4) Radio, television and telephone communication systems, provided that
the applicant demonstrates compliance with the standards in section
9.5-345:
(c) The following uses are permitted as major conditional uses in the Native Area
District, subject to the standards and procedures set forth in article III, division
3:
(1) Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development.
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard.
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The use does not involve the sale of goods or services other than
boat dockage and storage;
28
c. All boat storage is limited to surface storage on trailers or skids
and no boats or other equipment is stored on any elevated rack,
frame or structure;
d. Vessels docked or stored shall not be used for live-aboard
purposes;
e. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
f. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
(3) Solid waste facility, provided that:
a. The parcel of land proposed for development is at least forty
(40) acres;
b. All landfill activity occurs no closer than one hundred fifty (150)
feet to any property line and at least a class F buffer is provided
within this setback;
c. No fill shall exceed -five (35) feet in height from the
original grade of the property;
d. Such operations fully comply with section 403.701 et seq.,
Florida Statutes;
e. A future reclamation plan for the landfill site is presented;
f. The incinerator is located so that its operations do not adversely
affect surrounding properties; and
g. Road access to the side from U. S. 1 is limited to traffic serving
the landfill;
(4) Communications towers, provided that:
a. The parcel proposed is at least one (1) acre; and
b. The tower is set back from the property line a distance equal to
the height of the tower, and any guy supports are set back twenty
(20) feed from any property line.
Section 13. Monroe County Code ~9.5-240 is hereby amended to read as follows:
Sec. 9.5-240. Mainland Native Area District.
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
29
District:
(1) Detached residential dwellings;
(2) Beekeeping;
(3) Accessory uses;
(4) Home occupations - Special use permit requiring a public hearing; and
ill Tourist housing uses. including vacation rental uses. are prohibited.
(b) The following use is permitted as a minor conditional use subject to the
standards and procedures set forth in article III, division 3:
(1) Educational and research centers, including campground spaces,
provided that:
a. No more than two (2) 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
no more than one thousand (1,000) square feet per acre and not
more than ten thousand (10,000) square feet in any single
campground; and
d. The site proposed for the center is at least five (5) acres.
Section 14. Monroe County Code ~9.5-241 is hereby amended to read as follows:
Sec. 9.5-241. Offshore Island District
(a) The following uses are permitted as of right in the Offshore Island District:
(1) Detached residential dwellings;
(2) Camping, for the personal use of the owner of the property on a
temporary basis;
30
(3) Beekeeping;
(4) Accessory uses;
(5) Home occupations-Special use permit requiring a public hearing; and
(Ql Tourist housing uses. including vacation rental uses. which
were established (and held valid state public lodging establishment
licenses) prior to January 1. 1996.
(b) The following tlSCS are pcrmitted as major conditional tlSCS in thc Off-shore
Island District, sttbject to thc standards and proeedurcs sct forth in artie1e III, division 3:
(1) Marinas providcd that:
a. Thc parcclproposed for dc",e1opmcnt has acccss to water at lcast
four (4) feet bclow mean sca levcl at mcanlow tide;
b. Thc salc of goods and scrviccs is limited to fuel, food, boating,
diving and sport fishing products;
c. All boat storagc is limitcd to s1:lrfacc storagc on trailcrs or skids
and no boats Of othcr cquipmcflt is storcd on any elc"..ated rack,
frame or structurc;
d. All outsidc storagc arcas arc screcncd from adjacent uscs by a
solid fcfiec, wall Of hcdgc at least six (6) fcct in hcight; and
c. Thc parcel proposed for dCv'c1opmcnt is scparatcd from any
cstablished rcsidcntial usc by a class C btlffcryard;
(2) Campgrounds, provided that:
ft:- Thc opcrator of thc campground is thc holdcr of a "(alid MOllfoc
Count)' oeeupationalliecnsc;
lr. Thc parcclproposcd for dcvc10pmcnt has an arca of at least fivc
(5) acrcs; aftd
e:- Thc usc docs not in"v'olvc thc sale of goods alid 3cnriecs othcr
than thc rcntal of camping sitcs, recrcational vchielc pft!king
spaecs or thc sale of goods and scrviccs limited to thc needs of
campcrs.
Section 15. Monroe County Code ~9.5-242 is hereby amended to read as follows:
Sec. 9.5-242 Improved Subdivision District.
(a) The following uses are permitted as of right in the Improved Subdivision
31
District:
(1) In those Improved Subdivision Districts with no subdistrict indicator,
detached dwellings of all types;
(2) In those Improved Subdivision Districts with an M subdistrict indicator,
only detached dwellings of masonry construction;
(3) In those Improved Subdivision District with a D subdistrict indicator:
a. Detached dwellings;
b. Duplexes;
(4) Home occupations-Special use permit requiring a public hearing;
(5) Accessory uses;
!h1 Vacation rental use is prohibited in all IS Districts and Subdistricts. except in
(i) IS-T districts (as set forth in Code &9.5-242.5), and (m in gated communities
which have (a) controlled access and (b) a homeowner's or property owner's
association that expressly regulates or manages vacation rental uses.
(9 The following uses are permitted as minor conditional uses in the Improved
Subdivision District, subject to the standards and procedures set forth in article
II, division 3: .
(1) Parks and community parks;
(2) Public parks;
(3) Schools.
te1 (g) The following uses are permitted as major conditional uses in the Improved
Subdivision district, subject to the standards and procedures set forth in article
III, division 3:
(1) Commercial retail of low- and medium-intensity and office uses or any
combination thereof of less than twenty-five hundred (2,500) square feet
of floor area, provided that:
a. The parcel of land on which the commercial retail use is to be
located abuts the right-of-way of U.S. 1, or a dedicated right-of-
way to serve as a frontage road for U.S. 1;
b. The structure must be located within two hundred (200) feet of
32
the centerline of U.S. 1;
c. The commercial retail use does not involve the sale of petroleum
products;
d. The commercial retail use does not involve the outside storage
or display of goods or merchandise;
e. There is no direct access to U.S. 1 from the parcel of land on
which the commercial retail use is to be located;
f. The structure in which the commercial retail use is to be located
is separated from the U.S. 1 right-of-way by a Class C
bufferyard;
g. The structure in which the commercial retail use is to be located
is separated from any existing residential structure by a Class C
bufferyard; and
h. No signage other than one (1) identification sign of no more
than four (4) square feet shall be placed in any yard or on the
wall of the structure in which the commercial retail use is to be
located except for the yard or wall that abuts the right-of-way
for U.S. 1.
Section 16. Monroe County Code ~9.5-242.5 is hereby created to read as follows:
Sec. 9.5-242.5 Improved Subdivision District -Tourist Housinl: District.
In addition to the as of Tight and conditional uses listed above in 9.5-242.
vacation rental uses are allowed as of right (subiect to the regulations established
in Code 99.5-534) in those Improved Subdivision - Tourist Housing Districts
with the subindicator T (Tourist Housing).
A map amendment designating a contiguous parcel as IS- T may be approved. provided
that the map amendment application (and subsequent building permit applications and
special vacation rental permit applications) meet the following standards. criteria and
conditions:
U!1 The IS-T designation is consistent with the 2010 Comprehensive Plan and there is
no legitimate public pm:pose for maintaining the existing designation.
ilil... The IS- T designation allowing vacation rental use does not create
additional trips or other adverse traffic impacts within the remainder of the
subdivision or within any adjacent IS district:
19.:. The parcel to be designated IS- T must contain sufficient area to prevent
spot zoning of individual parcels (i.e.. rezonings should not result in spot-zoned
IS- T districts or result in spot-zoned IS districts that are surrounded by IS- T
33
districts). Unless the parcel to be rezoned contains the entire subdivision. there
will be a rebuttable presumption that spot-zoning exists. but the Board of
County Commissioners may rebut this presumption by making specific findings
supported by competent. substantial evidence that:
i) the designation preserves. promotes and maintains the integrity of
surrounding residential districts and overall zoning scheme or
comprehensive plan for the future use of surrounding lands:
ill does not result in a small area oflS- T within a district that prohibits
vacation rentals:
iill the lots or parcels to be designated 18- T are all physically contiguous and
adiacent to one another and do not result in a narrow strip or isolate
pockets or spots ofland that are not designated IS- T. or which prohibit
vacation rentals: and
iY} the 18- T designation is not placed in a vacuum or a spot on a lot-by-Iot
basis without regard to neighboring properties. but is a part of an overall
area that allows vacation rentals or similar compatible uses.
lll1. In addition to the requirements contained in Code &9.5-377 (District
Boundaries). an IS- T district shall be separated from any established residential
district that does not allow tourist housing or vacation rental uses by no less
than a class C bufferyard:
~ Vacation rental use is compatible with established land uses in the immediate
vicinity of the parcel to be designated IS- T: and
!.t1. Unless a map amendment is staff-generated (i.e.. initiated by Monroe County).
an application for a map amendment to IS- T shall be authorized by the property
owner(s) of all lots (or parcels) included within the area of the proposed map
amendment.
Section 17. Monroe County Code ~9.5-243 is hereby amended to read as follows:
Sec. 9.5-243. Destination Resort District.
(a) The following uses are permitted as of right in the Destination Resort District:
(1) Single-family detached dwellings, provided that:
a. The lot has sufficient land area and dimensions to meet the
34
requirements of chapter lOD-6, Florida Administrative Code;
and
ill Vacation rental use if a special vacation rental permit is obtained under
the regulations established in Code &9.5-534.
(b) The following uses are permitted as minor conditional uses in the Destination
Resort District, subject to the standards and procedures set forth in article III,
division 3:
(1) One (1) or more resort hotels provided that:
a. The hotel has restaurant facilities on or adjacent to the premises
that will accommodate no less than one-third of all hotel guests
at maximum occupancy at a single serving; and
b. There are at least two (2) satellite eating and drinking facilities,
each accommodating at least twenty-five (25) persons; and
c. A separate meeting/conference and entertainment area which
can also function as a banquet facility; and
d. A lobby which provides twenty-four-hour telephone and
reservation service; and
e. Active and passive recreation land-based activities are available,
with a minimum of tennis courts or racquetball courts, or a
. spa/exercise room, provided at the standards given below and
at least two (2) additional active and one (1) additional passive
recreational facility, including, but not limited to the following:
Active Recreational Facilities
Tennis court, @ 1125 units
Racquetball court, @ 1125 units
Spa/exercise room, of no less than 500 square feet, @ 11150
units
Observation area, @ 1Ihotel
Dance floor, @ 1Ihotel
Playfield/playground, @ 11150 units
Miniature golf course, @ 1Ihotel
Golf course, @ 1Ihotel
Shuffleboard court, or other court games, @ 2/50 units
Fitness course, @ 1Ihotel
Passive Recreational Facilities
35
Nature trail walk, @ lIhotel
Game room, @ 11150 units
Garden area, @ lIhotel
Other uses may be substituted for these with the written
approval of the director of planning stating the standards utilized
and the manner in which guests will be served by such facilities.
The director of planning shall base his decision on generally
accepted industry standards for comparable destination resorts;
f. Active and passive water-oriented recreational facilities are
available, a minimum of a swimming pool, or swimming areas,
at the rate of seven (7) square feet of water surface (excluding
hot fubs and Jacuzzi) per hotel room (this requirement may be
converted to linear feet of shoreline swimming area at a ratio
of one (1) linear foot of beach per seven (7) square feet of
required water surface);
g. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
h. Each hotel establishes and maintains shuttle transport services
to airports and tourist attractions to accommodate ten (10)
percent of the approved floor area in guest rooms; and such
housing shall be of any of the following types - dormitory,
studio, one (1) bedroom, two (2) bedrooms - and shall be in
addition to the approved hotel density and shall be used
exclusively by employees qualifying under the employee housing
provisions elsewhere in this chapter;
1. On-site employee housing living space is provided in an amount
equal to ten (10) percent of the approved floor area in guest
rooms; and such housing shall be of any of the following types -
dormitory, studio, one (1) bedroom, two (2) bedrooms - and
shall be in addition to the approved hotel density and shall be
used exclusively by employees qualifying under the employee
housing provisions elsewhere in this chapter;
J. Commercial retail is provided at a minimum of two hundred
(200) square feet to include convenience retail, food sales and
gifts in one (1) or more sites, excluding restaurants as required
by section (l)b, and in addition one and three-tenths (1.3) square
feet commercial retail per each guest room greater than one
hundred fifty (150) rooms. Additional commercial retail may
36
be provided subject to the floor area ratio limitations of this
chapter. Commercial retail may consist of dive shops, boat
rentals, gift shops, barber/beauty services, travel agencies,
provided that there is no extension signage advertising these
amenities to the general public. Water-related services and
activities shall be located immediately proximate to the water
unless otherwise prohibited.
(c) The following uses are permitted as major conditional uses in the Destination
Resort District when they are accessory to a destination resort, subject to the
standards and procedures set forth in article III, division 3:
(1) Marinas, provided that:
a. There are a minimum of seven (7) boat slips, but the total
number of boats stored on-site or elsewhere for guests or
employees shall be no greater than one (1) per hotel room;
b. The parcel for development has access to water at least four (4)
feet below mean sea level at mean low tide;
c. The sale of goods and services is limited to fuel, food, boating,
and sport fishing products;
d. All boat storage shall be confined to wet slips or enclosed dry
storage;
e. All storage areas are screened from adjacent uses by a solid
fence, wall, or hedge of at least six (6) feet in height; and
elevated racks, frames, or structures shall be enclosed on at least
three (3) sides from the ground to the highest point of the roof;
f. The parcel proposed for development is separated from any
established residential use by a class D buffer-yard;
g. Live-aboard vessels are prohibited;
(2) Employee dwelling units, provided that:
a. They are built for and occupied by employees of the destination
resort facilities; and
b. The total area is no less than ten (10) percent of the approved
floor area in guest rooms of the resort/hotel(s) within the
development; and
c. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development;
and
d. The parcel proposed for development is separated from any
37
established residential use by a class C buffer-yard.
(3) Attached residential dwelling units, provided that the lot has sufficient
land area and dimensions to meet the requirements of chapter lOD-6,
Florida Administrative Code, for the installation of on-site wastewater
treatment systems.
Section 18. Monroe County Code ~9.5-244 is hereby amended to read as follows:
Sec. 9.5-244. Recreational Vehicle District.
(a) The following uses are permitted as of right in the Recreational Vehicle
District:
(1) Recreational vehicle spaces. 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 twenty-
eight (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 6 months or more is prohibited.
Recreational Vehicles may be stored. but not occupied. for periods of 6
months or greater only in an approved RV storage area (designated on
a site pliln 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 uses of less than twenty-five hundred (2,500) square
feet of floor area; and
(3) Accessory uses, including permanent owner/employee residential
dwelling units. No more than one (1) permanent residential unit per
three (3) RV spaces up to ten (10) percent of total spaces allowed or
in existence.
(b) The following use is permitted as a minor conditional use in the Recreational
Vehicle District, subject to the standards and procedures set forth in article III,
division 3:
(1) Hotels providing less than fifty (50) rooms, provided that:
38
a. The use is compatible with established land uses in the
immediate vicinity; and
b. One (1) or more of the following amenities are available to
guests;
(i) Swimming pool;
(ii) Marina; and
(iii) Tennis court; and
(2) Parks and community parks.
(c) The following use is permitted as a major conditional use in the Recreational
Vehicle District, subject tot he standards and procedures set forth in article III,
division 3:
(1) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
b. Access to U.S. 1 is by way of:
(I) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean seas level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products;
c. Vessels docked or stored shall not be used for live-aboard
purposes;
d. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
e. The parcel proposed for development is separated from any
established residential use by a class C bufferyard.
39
Section 19. Monroe County Code ~9.5-255 is hereby amended to read as follows:
Sec. 9.5-255 Commercial Fishing Residential
Notwithstanding the use restrictions set forth in this division, any parcel of land may be
used for commercial fishing purposes, provided that:
(a) The parcel ofland was used for commercial fishing purposes on July 17, 1985, by
that resident or a member of his immediate family;
(b) The commercial fishing activity is operated by a resident of the parcel of land or
the resident of a contiguous parcel of land;
(c) The commercial fishing activity is limited to:
(1) The operation of commercial fishing vessels owned by a resident of the
property;
(2) The nonmechanical off-loading of catch;
(3) The storage of not more that ten (10) traps, provided that the traps are
screened from any adjacent residential use;
(4) The seasonal loading and off-loading of fishing equipment and traps
during a period of fifteen (15) days prior to and three (3) weeks after the
opening and closing of any fishing season;
(d) All fishing vessels are docked parallel to the shoreline within the property lines of
the parcel used for commercial fishing purposes;
(e) Sport fishing charter boat and sport diving charter or activities are not conducted
in the district; .
(f) The operator is the holder of a valid occupational license from Monroe County;
-and
(g) A sworn application was submitted to the board of county commissioners by an
individual, not a corporation, for a certification as a valid commercial fishing use
within ninety (90) days after the effective date of the Monroe County
Comprehensive Plan. Any person who submits a false application and
certification shall be ineligible for certification as a commercial use, and the
parcel of and subject to the application shall not be used for commercial fishing
purposes; and
(h) Tourist housing uses. including vacation rentals. are prohibited.
Section 20. Monroe County Code ~9.5-248 is hereby amended to read as follows:
Sec. 9.5- 248 Mixed Use District.
(a) The following uses are permitted as of right in the Mixed Use District:
(I) Detached residential dwellings;
40
(2) Commercial retail, low- and medium-intensity and office uses, or any
combination thereof of less than twenty-five hundred (2,500) square
feet of floor area;
(3) Institutional residential uses, involving less than ten (10) dwelling
units or rooms;
(4) Commercial apartments involving less than six (6) 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;
f. Swimming pools;
(6) Commercial fishing;
(7) Manufacture, assembly, repair, maintenance and storage of traps,
nets and other fishing equipment;
(8) Institutional uses and accessory residential uses involving less than
ten (10) dwelling units or rooms;
(9) Public buildings and uses;
(10) Home occupations--Special use permit requiring a public hearing;
(11) Community parks;
(12) Accessory uses;
un Vacation rental use of detached dwelling units is permitted if a special
vacation rental permit is obtained under the regulations established in
Code ~9.5-534.
(b) The following uses are permitted as minor conditional uses in the Mixed Use
District, subject to the standards and procedures set forth in article III, division
41
3:
(1) Attached residential dwelling units, provided that:
a. The total number of units does not exceed four (4); and
b. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development.
(2) Commercial recreational uses, provided that:
a. The parcel of land proposed for development does not exceed
five (5) acres;
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
c. All outside lighting is designed and located so that light does
not shine directly on any established residential use;
(3) Commercial retail, low- and medium-intensity and office uses or any
combination thereof of greater than twenty-give hundred (2,500) but
less than ten thousand (10,000) square feet of floor area, provided
that access to U.S. I by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the
same side of U.S. 1 by at least four hundred (400) feet;
(4) Commercial retail, high-intensity uses, and office uses or any
combination thereof ofless than twenty-five hundred (2,500) square
feet of floor area provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the
same side of U.S. 1 by at least four hundred (400) feet;
(5) Commercial apartments involving more than six (6) dwelling units,
provided that:
a. The hours of operation of the commercial uses proposed in
conjunction with the apartments are compatible with residential
uses; and
42
b. Access to US. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of US. 1 by at least four hundred (400)
feet;
c. Tourist housing uses. including vacation rental uses. of commercial
apartments are prohibited.
(6) Institutional residential uses involving ten (10) or more dwelling units
or rooms, providing that:
a. The use is compatible with land use established in the immediate
vicinity ofthe parcel proposed for development; and
b. Access to US. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of US. 1 by at least four hundred (400)
feet;
c. Tours housing uses. including vacation rental use. of institutional
residential dwelling units is prohibited.
(7) Hotels of fewer than fifty (50) rooms provided that:
a. The use is compatible with established land uses in the
immediate vicinity; and
b. One (1) or more of the following amenities are available to
guests:
(i) Swimming pool;
(ii) Marina; and
(iii) Tennis courts;
(~) Campgrounds, provided that:
a. The parcel proposed for development has an area of at least
five (5) acres;
b. The operator of the campground is the holder of a valid
Monroe County occupational license;
c. If the use involves the sale of goods and services, other than
the rental of camping sites or recreational vehicle parking
spaces, such use does not exceed one thousand (1,000) square
43
feet and is designed to serve the needs of the campground;
and
d. The parcel proposed for development is separated from all
adjacent parcels of land by at least a class C bufferyard;
(2) Light industrial uses, provided that;
a. The parcel proposed for development is less than two (2)
acres;
b. The parcel proposed for development is separated from any
established residential use by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
(10) Parks and community parks.
(c) The following uses are permitted as major conditional uses in the Mixed Use
District subject to the standards and procedures set forth in article III, division
3:
(1) Commercial retail, low- and medium-intensity uses, and office uses or
any combination thereof of greater than ten thousand (10,000) square
feet in floor area, provided that access to US. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of US. 1 by at least four hundred (400) feet;
(2) Commercial retail, high-intensity uses, and office uses or any
combination thereof of greater than twenty-five hundred (2,500) square
feet in floor area provided that access to U.S. 1 is by way of:
a. An existing curb cut;
b. A signalized intersection; or
c. A curb cut that is separated from any other curb cut on the same
side of US. 1 by at least four hundred (400) feet;
(3) Attached residential dwelling units, provided that:
a. The structures are designed and located so that they are visually
compatible with established residential development within two
hundred fifty (250) feet of the parcel proposed for development;
44
and
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard.
(4) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products;
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
d. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
(5) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet; and
c. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
(~) Heliports or seaplane ports, provided that:
a. The helicopter is associated with a governmental service facility,
a law enforcement element or a medical services facility;
b. The heliport or seaplane port is a Federal Aviation
Administration certified landing facility;
c. The landing and departure approaches do not pass over
established residential uses or known bird rookeries;
d. If there are established residential uses within five hundred (500)
feet of the parcel proposed for development, the hours of
operation shall be limited to daylight; and
e. The use if fenced or otherwise secured from entry by
unauthorized persons;
45
Cll. Light industrial uses, provided that:
a. The parcel proposed for development is greater than two (2)
acres;
b. The parcel proposed for development is separated from any
established residential use by a class C bufferyard; and
c. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
<ID Boat building or repair in conjunction with a marina or commercial
fishing use provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products;
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height; and
d. The parcel proposed for development is separated from any
established residential use by a class C bufferyard;
121 Mariculture.
Section 21. Monroe County Code. ~9.5-250 is hereby amended to read as follows:
Sec. 9.5- 250 Maritime Industries District.
(a) The following uses are permitted as of right in the Maritime Industries District:
(1) Boat building, repair and storage;
(2) Commercial retail uses of less than five thousand (5,000) square feet of
floor area;
(3) Office uses of less than five thousand (5,000) square feet of floor area;
(4) Light and heavy industrial uses;
(5) Commercial apartments involving less than six (6) dwelling units, but
tourist housing uses. vacation rental use. of commercial apartments is
prohibited:
(6) Commercial fishing;
46
(7) Manufacture, assembly, repair, maintenance and storage of traps, nets
and other fishing equipment;
(8) Institutional uses;
(9) Public buildings and uses;
(10) Accessory uses; and
(11) Vacation rental use of any non-conforming dwelling units if a special
vacation rental permit is obtained under the regulations established in
Code &9.5-534.
(b) The following uses are permitted as minor conditional uses in the Maritime
Industries District, subject to the standards and procedures set forth in article
III, division 3:
(1) Commercial apartments involving more than six (6) dwelling units,
provided that:
a. The hours of operation of the commercial uses proposed in
conjunction with the apartments are compatible with residential
uses; and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U.S. 1 by at least four hundred (400)
feet;
c. Tourist housing uses. including vacation rental use of commercial
apartments is prohibited.
(2) Hotels of fewer than fifty (50) rooms, provided that:
a. The use is compatible with established land uses in the
immediate vicinity; and
b. One (1) or more of the following amenities are available to
guests:
(i) Swimming pool;
47
(ii) Marina; and
(iii) Tennis courts.
(c) The following uses are permitted as major conditional uses in the Maritime
Industries District, subject to the standards and procedures set forth in article
III, division 3:
(1) Hotels providing fifty (50) or more rooms, provided that:
a. The hotel has restaurant facilities on or adjacent to the premises;
and
b. Access to U.S. 1 is by way of:
(i) An existing curb cut;
(ii) A signalized intersection; or
(iii) A curb cut that is separated from any other curb cut on
the same side of U. S. 1 by at least four hundred (400)
feet;
(2) Marinas, provided that:
a. The parcel proposed for development has access to water at least
four (4) feet below mean sea level at mean low tide;
b. The sale of goods and services is limited to fuel, food, boating,
diving and sport fishing products; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height;
(3) Mariculture, provided that:
a. The use is compatible with land uses established in the
immediate vicinity of the parcel proposed for development;
b. The parcel proposed for development is separated from any
established residential uses by at least a class C bufferyard; and
c. All outside storage areas are screened from adjacent uses by a
solid fence, wall or hedge at least six (6) feet in height.
Section 22. Monroe County Code ~9.5-534 is hereby created to read as follows:
Sec. 9.5-534. Tourist Housinl: and Vacation Rental Uses.
fA1 Special Vacation Rental Permit. An owner or agent must obtain an annual
special vacation rental permit for each dwelling unit prior to renting any
dwelling unit as a vacation rental. as defined in Code 9.5-4 (V-.5)'Except that.
vacation rental of a dwelling unit within a controlled-access. gated-community
48
or within a multifamily building which has 24 hour on-site management or 24
hour on-site supervision does not require a special vacation rental permit.
an Permits and Fees.
.L Special vacation rental permits will be issued by the Planning Director.
or a designee. upon payment of a fee and submittal of a complete
application meeting the criteria set forth below.
2. The annual fee for the special vacation rental permit shall be established
by Resolution of the Board of County Commissioners.
.l:. A decision to approve or deny a special vacation rental permit can be
appealed to the Planning Commission within 30 days pursuant to Code
&9.5-521.
!Q Regulations. All special vacation rental permit applications and all vacation
rental units must comply with the following regulations at all times:
.L A class C bufferyard must separate any vacation rental use from any
established residential district that does not allow vacation rental uses.
2. No more than one motorized watercraft. including a jet ski or wave
runner. shall be allowed at each vacation rental unit. The watercraft
may be moored at either an existing on-site docking facility or stored on
a trailer in an approved parking space.
.l:. Vehicles. watercraft and trailers must not be placed on the street or in
yards. All vehicles. watercraft and boat trailers must be parked or stored
off-street in parking spaces specifically designated and approved in the
special vacation rental permit. and may not exceed a maximum of one
vehicle per bedroom or efficiency unit and one boat trailer per vacation
rental unit.
4. The owner or agent must maintain a guest and vehicle register listing all
vacation rental occupants' names. home addresses. phone numbers.
vehicle license plate and watercraft registration numbers.
~ Vacation rental units must be registered. licensed and meet all applicable
state requirements contained in Florida Statutes Chapter 212 (Florida
Tax and Revenue Act) and 509 (Public Lodging Establishments) as
implemented by the Florida Administrative Code. as may be amended.
49
6. For any special vacation rental use permit. or conversion of existing
dwelling units to vacation rental use. an applicant must demonstrate
compliance with all applicable and relevant state and local regulations. as
may be amended. and submit an inspection report from the:
ill State of Florida. Department of Health (DOH) verifying
compliance of the existing septic tank or on-site sewage
disposal system with DOH regulations. as may be amended
from time to time and which are hereby incorporated by
reference: and
(ill State of Florida. Department of Environmental Protection
(DEP) verifying compliance ofthe existing package
plant or advanced wastewater system with DEP
regulations. as may be amended from time to time and
which are hereby incorporated by reference: and
7. The applicant must submit an approved inspection report from the Fire
Marshall verifying compliance with NFP A Life Safety Code 10 1. as may
be amended. which is hereby incorporated by reference.
~ No special vacation rental permit may be transferred from one owner or
manager to another. or one residential dwelling unit to another. In the
event ownership or management of a licensed residential unit is
changed. the previous vacation rental license holder must notify the
County of such change. and the new owner or manager must obtain a
new vacation rental license for the residential dwelling unit.
9. No boat docked at a vacation rental property shall be chartered to person
other that registered guests of the vacation rental unit or used for
live-aboards. sleeping or overnight accommodation. In addition.
recreational vehicles shall not be used for sleeping or overnight
accommodations at the vacation rental unit.
10. Amplified sound which is audible on private property beyond the real
property boundaries of the vacation rental property is prohibited.
11. All trash and debris on vacation rental property must be
kept in covered trash containers. Each vacation rental unit must be
equipped with at least four (4) covered trash containers for such
pm:pose. Owners must post. and occupants must comply with. all trash
and recycling schedules and requirements applicable to the vacation
rental unit. Trash containers must not be placed by the street for pick-up
50
until 6:00 p.m. the night before pick-up and must be removed from the
area by the street by 6:00 p.m. the next day.
12. The applicant shall provide the name. address. and telephone number of
a contact person who resides in that section of the County (upper.
middle or lower keys) who must be available twenty-four hours per day.
seven days a week for the purpose of promptly responding to complaints
regarding the conduct or behavior of vacation rental occupants or alleged
violations of this Ordinance.
13. The applicant must grant authorization to Monroe County Code
Enforcement to inspect the premises of the vacation rental unit prior to
the issuance'of the special vacation rental permit and at any other time
after issuance of such permit. concerning compliance with Monroe
County Code Chapter 9.5 (i.e.. the Land Development Regulations).
14. Occupancy of vacation rental uniUs) shall be limited to no more than two
(2) individuals per bedroom. or no more than two (2) individuals per
efficiency unit. when rented as a vacation rental unit subject to the
provisions of this Ordinance.
15. TenanUs)'s agreement to the foregoing rules and regulations must be
made a part of each and every lease under Florida Statutes &509.01. for
any vacation rental unit subject to the provisions of this Ordinance.
These vacation rental regulations must be prominently posted within
each dwelling unit subject to the provisions of this Ordinance along with
the warning that violations of any of the vacation rental regulations
constitutes a violation of Monroe County Code punishable as a second
degree misdemeanor and is also grounds for immediate termination of
the lease and eviction from the leased premises and criminal penalties
under Florida Statutes &509.151 ("Defrauding an Innkeeper"). ~509.141
("Ejection of Undesirable Guests"). &509.142 ("Conduct on
Premises) or &509.143 (Disorderly Conduct on Premises. Arrest").
16. The vacation rental use must be compatible with land uses established in
the immediate vicinity of the parcel proposed for development.
ill} A complete special vacation rental permit application must include the following
information:
ill The complete legal description. street address. RE number and location
of the vacation rental unit.
51
ill Proof of ownership and the name. address and telephone number of each
and every person or entity with an ownership interest in the dwelling
unit.
ill An approved DOH or DEP inspection or certification of the adequacy of
the sewage disposal system for use as a vacation rental unit. The
applicant must submit an approved inspection report from the Fire
Marshall verifying compliance with NFPA Life Safety Code 101. as may
be amended. which is incOl:porated herein by reference.
ill The gross square footage of the dwelling unit. location and number
of rooms. bedrooms. bathrooms. kitchens. apartments. parking spaces
and any other information required to determine compliance with
vacation rental requirements.
ill Proof that a "Notice of Vacation Rental Use Application" was sent by
certified return mail to all property owners located within 300 feet of the
dwelling unit which is the subiect of the special vacation rental permit
application not less than thirty (30) days prior to the date of approval of
the application. The Notice of Application shall be in a form prescribed
by the County Administrator or his designee and shall clearly state the
name. address and day/evening telephone numbers of each and every
manager. agent. caretaker and owner of the dwelling unit. Notice to the
adiacent property owners must include the following statement:
"You have the right to appeal a decision to approve or deny this special
vacation rental permit to the Planning Commission within 30 days under
Code &9.5-521. You may have other rights that Monroe County cannot
enforce. Review of a special vacation rental permit application by
Monroe County will not consider the existence of valid private deed
restrictions. restrictive covenants or other restrictions of record. which
may prohibit the use of the dwelling unit for vacation rental purposes.
You may wish to consult an attorney concerning these private rights. "
@ A valid and current federal employer tax identification number (or social
security number) for the owners of the vacation rental property to be
licensed under the provisions of this Ordinance.
ill A valid and current Florida Department of Revenue sales tax
identification number under Florida Statutes. Chapter 212 (Florida Tax
and Revenue Act). Florida Statutes and a valid and current permit.
license or approval under Florida Statutes. Chapter 509 (Public Lodging
Establishments) .
52
ill The application shall bear the signature of all owner(s). all
authorized agent( s) and authorized manager( s) of the owner( s).
121 Any additional information required to determine compliance with the
provisions of this Ordinance.
ilil Upon approval and issuance. the special vacation rental permit. and
24 hour contact person's name and phone number. must be mailed by
certified return mail to all surrounding property owners within 300 feet.
1fl A special vacation rental permit shall be revoked by the Planning
Commission. Code Enforcement Special Master or a court of competent
iurisdiction after a 'finding of two or more violations of this Ordinance. the
special vacation rental permit or permit conditions or any material
misrepresentation on the permit application. after the owner(s) is given notice
and a hearing is held by the Planning Commission. Code Enforcement Special
Master or a court of competent jurisdiction.
!ill It shall be unlawful for any landowner. tenant. realtor. agent or other
representative of a landowner to rent. lease. advertise or hold out for rent any
dwelling unit for tourist housing use or vacation rental use in any district
where tourist housing use or vacation rental use is prohibited.
{ill After the effective date of this Ordinance. leases. subleases. assignments or
any other occupancy agreement for compensation for less than 28 days in
duration:
ill shall not be entered into or renewed once expired or terminated
in any distri~t in which tourist housing use is prohibited or
in any district in which vacation rental use is allowed unless a
special vacation rental permit. building permit. inspection and
certificate of occupancy for the vacation rental use (or conversion
of an existing dwelling unit to a vacation rental use) are first
obtained: and
ill pre-existing vacation rental uses shall not be considered a non-
conforming use under Section 9.5-143 and must be discontinued
in districts that prohibit vacation rental uses no later than 30 days
after the effective date of this Ordinance. Except that a vacation
rental use that was established. and obtained all required state
and local permits and licenses. (a) prior to September 15. 1986
(b) under code provisions that expressly allowed vacation rental
uses may remain in accordance with Code &9.5-143.
53
ill Monroe County Code Section 6.3-13 shall not bar code enforcement for new
vacation rental violations occurring after the effective date of this Ordinance.
ill Prima facie evidence of tourist housing or vacation rental use of a dwelling unit
shall include (i) registration or licensing for short-term or transient rental use by
the state under Florida Statutes. Chapters 212 (Florida Tax and Revenue Act)
and 509 (Public Lodging Establishments). (ii) advertizing or holding out a
dwelling unit for tourist housing or vacation rental use. (iii) reservations.
booking arrangements or more than one signed lease. sublease. assignment. or
any other occupancy agreement for compensation. trade. or other legal
consideration addressing or overlapping any period of 28 days or less. or (iv)
use of an agent or other third person to make reservations or booking
arrangements.
00 A violation of Section 9.5-534 shall be punishable as a second degree
misdemeanor and by a fine of up to Five Hundred dollars ($500.00) per day.
per unit. per violation. Code enforcement may also enforce the terms of this
ordinance by bringing the case to a Special Master pursuant to Code &6.3-14 or
by citation under Code ~6.3-11. Florida Statutes & 162.21 (as may be amended).
and 76-435 Laws of Florida (as may be amended), If a code enforcement
citation is issued. the fine shall be $250.00 for a first offense and $500.00 for a
second offense. In addition. the special vacation rental permit shall be revoked
by the Planning Commission. Code Enforcement Special Master or court of
competent jurisdiction upon a finding of two or more violations of the vacation
rental ordinance. vacation rental regulations or special vacation rental permit or
permit conditions.
ilJ. In addition to any other remedy available to Monroe County (including code
enforcement pursuant to Florida Statutes Chapter 162), Monroe County or any
or other adversely affected party may enforce the terms of this ordinance in law
or equity. Any citizen of Monroe County may seek injunctive relief in a court
of competent jurisdiction to prevent a violation of Section 9.5-534 or revoke a
special vacation rental permit. as set forth above. Attorney's fees and costs
incurred in an action to enforce these regulations concerning vacation rental
use(s) may be awarded to a substantially prevailing party in the discretion of the
court.
Section 23. Monroe County Code ~6.3-13 is hereby amended to include additional language
as follows:
Wl All prosecutions before the Board shall be initiated within (4) years of the
occurrence of the event complained of or be forever barred. For the purpose of this section,
"initiated" shall mean the filing of a notice of violation by the code enforcement department.
54
Except however, that this section shall not bar the initiation of a prosecution before the board
based on the unlawful constriction of a structure below the base flood elevation level
established by the Federal Emergency Management Agency.
(b) After the effective date of this Ordinance. any violation of this Ordinance. the
vacation rental regulations. a special vacation rental permit or permit conditions. shall be
considered a new violation. Previous vacation rental leases or uses. or the failure to bring
enforcement against vacation rental violations pre-dating this Ordinance. shall not act as laches
or a bar to enforcement actions brought for new violations occurring after the effective date of
this Ordinance.
(c) Occupancy agreements for RV spaces for a period of 6 months or more in duration
by an individual RV within a particular RV park. other than in a desi~nated storage area. shall
be discontinued and shall not be entered into or renewed after the effective date of this
Ordinance. Each lease. sublease. assignment or other occupancy agreement for RV spaces of
6 months or more in duration in a particular RV park. other than in a designated storage area.
shall be considered a new violation. Previous leases or a~reement for occupancy or storage of
recreation vehicles on RV spaces within a particular RV park. other than for stora~e in a
designated storage area. shall be discontinued and not be renewed. extended or act as laches or
bar enforcement actions brought for new violations occurring after the effective date of this
Ordinance.
Section 24. Monroe County Code ~9.5-2 is hereby amended to include additional new
subsection 9.5-2(d) to read as follows:
***
(d) Vacation Rental Use: Previous vacation rental uses shall be discontinued in any
district that prohibits vacation rental uses. after the effective date of this Ordinance. All
vacation rental uses shall obtain annual special rental permits re~ardless of when the use was
first established. Leases. subleases. or other occupancy agreements for RV spaces for 6
months or more within a particular RV park. other than in a designated storage area shall be
discontinued and shall not be renewed. extended or entered into. after the effective date of this
Ordinance.
Section 25. Monroe County Code ~9.5-143(a) is hereby amended to add the following
language:
(a) Authority to Continue: Nonconforming uses of land or structures may continue in
accordance with the provisions of this section. Notwithstanding any provision of this Section
9.5-143 or of Chapter 9.5 of this Code:
55
(1) Leases. subleases. assignments or other occupancy agreements for compensation for
less than 28 days in duration shall be discontinued and shall not be renewed. extended or
entered into. in any district that prohibits vacation rental uses after the effective date of this
Ordinance unless a vacation rental use was established and obtained all required state and local
permit and licenses prior to September 15. 1986 under previous Code provisions expressly
allowin~ vacation rental uses: and
(2) Leases. subleases. assignments or other occupancy agreements for compensation of
RV spaces for 6 months or more within a particular RV park. other than in a designated
storage area shall be discontinued and shall not be renewed. extended or entered into. after the
effective date of this Ordinance.
Section 26. Monroe County Code ~9.5-143(t)(1) is hereby amended to read as follows:
(t)Termination:
(1) Abandonment or discontinuance: Where a nonconforming use of land or structure is
discontinued or abandoned for six (6) consecutive months or one (1) year in the case of stored
lobster traps, then such use may not be reestablished or resumed, and any subsequent use must
conform to the provisions of this chapter. Leases. subleases. assignment or other occupancy
agreement for compensation for less than ,28 days in duration shall be discontinued and shall
not be renewed. extended or entered into. in any district that prohibits vacation rental use after
the effective date of this Ordinance. Leases. subleases. assignments or other occupancy
a~reements for compensation of RV spaces for 6 months or more within a particular RV park.
other than in a designated storage area shall be discontinued and shall not be renewed.
extended or entered into. after the effective date of this Ordinance.
Section 27. Monroe County Code ~9.5-184 is hereby amended to create additional subsection
(c) to read as follows:
***
19 Vacation rental use of dwelling units in any district that prohibits vacation rental
use shall not qualify for vested rights unless it can be further shown that the dwelling unit
cannot be used for any other purpose. i.e.. as a permanent residence. or for a long-term lease
of greater than 28 days. Leases. subleases. assignments or other occupancy agreements for RV
spaces for 6 months or ~reater withing a particular RV park shall not Qualify for vested rights.
unless it can be further shown that the RV space cannot legally be rented leased for a period of
less than 6 months.
Section 28. The last sentence of Monroe County Code ~9.5-490.1 defining Transient
Residential Development is hereby amended to read as follows:
56
***
Transient residential Tourist housing development means and refers to the development
oftransicnt rcsidcntial tourist housing units as that term is defined in section 9.5-4(T-3).
Section 29. If any section, subsection, sentence, clause or provision of this Ordinance is held
invalid, the remainder of this Ordinance shall not be affected by such invalidity.
Section 30. All ordinances or parts of ordinances in conflict with this Ordinance are hereby
repealed to the extent of said conflict.
Section 31. The provisions of this Ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto.
Section 32. Effective Date.
This Ordinance shall take effect immediately upon receipt of official notice from the
Office of the Secretary of State of the State of Florida that this Ordinance has been filed with
said office.
Section 33. The Clerk of the Board is hereby directed to transmit a certified copy of this
Ordinance to the Florida Department of Community Affairs.
Section 34. The Clerk of the,. Board is hereby directed to transmit a certified copy of this
Ordinance to the Secretary ofoState.'of the State of Florida.
57
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a meeting of the Board held on the . JrEl day of February , A.D.,
1997.
Mayor Douglass YES
YES
Mayor Pro Tern London
Commissioner Harvey NO
Commissioner Freeman YES
Commissioner Reich NO
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
~JuJ. c. .J2 ;1~
DEPUTY CLERK ~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
58
.ann!' 1.. Itolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARAlHON, FLORIDA 33050
TEL. (305) 289-6027
FAJ<(305) 289-1745
CLERK OF 1HE CIRCUIT COURT
MONROE COUNTY
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
February 14, 1997
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
The Elliott Building
401 South Monroe Street
Tallahassee, FL 32399-0250
,
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 004-1997, modifying the
existing prohibition on Tourist Housing Use, including Vacation Rental Use in
Residential Districts; etc.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Special Meeting in formal session on February 3, 1997. Please file
for record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel 'C. DeSantis
~C.~
Deputy Clerk
cc: Department of Community Affairs Monroe County Sheriff's Office
County Administrator Community Services Director
County Attorney Monroe County Tax Collector
Growth Management Director ftile
Monroe County Property Appraiser
~
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UNITED STATES
POST" SERVICE
Z 396 36'( 726
Receipt for
Certified Mail
No Insurance Coverage Provided
Do not use for International Mail
(See Reverse)
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DIVISIONS OF flORIDA DEPARTMENT OF STATE
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()fficl' llf Inkrnatillll.ll Rt.'I~ltilms
l)i,"isillH llf Administr.lh\'t.' St.'n'icl's
Di,'isioll of Corpt.1f<ltions
Di,'isioll of Cultural Aff.lirs
Di,'isioll of EIl'rtions
Di,'isitlll llf I {ishlrical Rl'SllUrn's
Di,'isilll1 of Libr,uy and Inform.1tion St.'r\'il'l'S
Pi\ision oi Lkl'nsing FLORIDA DEPARTMENT OF STATE
Sandra B. Mortham
Secretary of State
DIVISION OF ELECTIONS
MEMBER OF THE FLORIDA CABINET
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic St. Au~ustine Preservation Board
Historic Tallahassee Preservation Board
Historic Tampa/Hillsborough County
Preservation Bmud
Ringling Musl'um of Art
February 19, 1997
Honorable Danny L. Kolhage
Clerk to Board of County Commissioners
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your
letter dated February 14, 1997, and certified copy of Monroe County Ordinance No.
97 -04, which was filed in this office on February 18, 1997.
Sin~~
Liz Cloud, Chief;:~ ..
Bureau of Administrative 'Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building · 401 South Monroe Street · Tallahassee, Florida 32399-0250 . (904) 488-8427
FAX: (904) 488-7869 · WWW Address http://www.dos.state.fI.us . E-Mail: e1ectiol1@lI1ail.dos,statefl,lIs