Item P09 P9
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE
u,.. 9 Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
- James K. Scholl,District 3
' David Rice,District 4
Board of County Commissioners Meeting
June 21, 2023
Agenda Item Number: P9
2023-1080
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
AGENDA ITEM WORDING: A public hearing to consider a Resolution by the Monroe County
Board of County Commissioners transmitting to DEO a proposed ordinance amending the Introduction
and Background, and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the
continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify the
General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County
Code(s).
ITEM BACKGROUND:
L REQUEST
The Monroe County Planning & Environmental Resources Department is proposing amendments to the
Introduction and Background, and Glossary of the 2030 Comprehensive Plan, to include a section for
rules of construction, amend the definitions of several defined terms for clarification purposes, to clarify
the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify
the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe
County Code(s).
11. BACKGROUND INFORMATION
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a community meeting for the Comprehensive Plan and
Land Development Code text amendments was held on February 7, 2023, and provided for public input.
There were ten (10) members of the public in attendance.
Monroe County Development Review Committee Meeting and Public Participation
The Development Review Committee ("DRC") considered the proposed amendment at a regular
meeting on April 25, 2023.
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Monroe County Planning Commission and Public Input
The Monroe County Planning Commission considered the proposed amendment at a regular meeting on
May 24, 2023, and recommended approval through Planning Commission Resolution No. P22-23.
111. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
Proposed Amendment(additions are shown in a u.t deletions are in red 46 uke--ihrrttu-uj;,I)
1.0- INTRODUCTION AND BACKGROUND
e I?W of "o rli trtieflonl In tiue iau<n p Monroe t:°n�uG�ni
�.qb� n bad hu nbaan 4 �ab b the n, l s sel mit in those section tionb shall be observed ainla ss sir h c q;r strixtionn woij1d
bb� bja i n1 inconsistent with the r naanif aan gnnta inn o nfn4 130(_wC apse a bng,,.js d in the Cot I r hu unasnve Nci n
or annn..t:,d:n ru4.n.n ._nbu mpmmgdnurni..1.1.nc �cmnpicm_k i"bnt.nrsijannn.n:..to i S.....Ch.mm�63 abnnd..I S..C.h t ...1 1c....n:n,n1n s.o:f
4anbnbaunn°nlla;tnubun a:nun�i a�4 6n�nnnncb�n as agn"a�� bn�bvn.a�u�b�u as 4wa n �bgln qn`n thnaa �"�blrbn bllt�'gtlCnaanv4 1["��anbn 4rhanVV Irn�bt: �ba anb b�nl&�.
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re uuncbuic nts rbn innIli t f the onnvenje nc a n(i g Ira l
w.n,_Iha rc.:.
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shall... .c..d e n:n,n(i to be a cnn1j, lIi.ng Un agnny..d nil, on mputmm�naaumtji (d ni.9:._ihuabmMonroe... )uumtumt"
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c mnbbun q�amn�m�n�u �„:.
3 �mw�IIND�ngaQ hn .jrm jyi aborts o nhnaw t",into r hu Lk"ivc,, 111annn sham, i� b I n;�b nhn a runnnu urn" nbnagn4 s.!aAbn a a..()C
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a h vdtb bums rt shall W." undcalfAlken wi hout rio a:n b )roval and 1lss uagJrnn c obi rb d v Ju bimatt bq Jrbu"nbt
nnignia.tmm�mn inrnn uaaucmm�nmib_�bi 4 u __('�numnnmin In nn,n a a...m m,anu ann.n.d.Land _m�mnnl�wcumnma.un� �"n.nn.h%
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Glossary
General
If definitions sought are not within this section, the County shall utilize the adopted definitions of its
LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the
County shall utilize the term as commonly used.
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'o.N.nIs..IJ.r..q...j .1 J r.tJ&,j i o n aquae i g I I,erpuIa1i o no 1 th e l an gujaj;uA.bUb is M on roe u I
jnprdi4 tsive, Plain Glossax _the rules, sel out in this seclion shall he observed imless sucli
c,oristruction W(.)tddJ)(,.pjJWy incmsislenl with the uianifi st Ueni ofthe II)OC' ' aSsxp
(."oMTjrQ,hQ.jjsJVcTlan or an el erne rut uant to I S. Ch l 03 and I X Ch.
r )j
380 ailes, ofconstrUld ion and dcIjnijOn(s)..aj)A.p rehensivc Plan
a i 'A.1.1 A..aay.atal.ion oft c,& U dV VQ,llaDVgam aDA n�, i1ji VAR Ibal shall cont, ' .Itk
k" AqG a, exchldi
isjAai I A... Inant t[uci,etl(),..Wh(,rt,.,.�iiy.A:lu..-,I'iriji�ioru(ii).Air.fic�imi<,.iori Co pn,.WaisJvePlan
jii Aon a than another.dclinifio i io r s n. <i
'J in-i sc aj b j1j CA) r (11 the _ r i ion s r.T restric tion
)Eg �nsjy J11,tri, d J Jo s,)-im rj�.I�irijg
o j, .143flafion shall be deen-re.d to be a,;ontrolfin gs,gOn a, of this Monroe.
r t i cs, r ctrons, Val bd qll as Rb ect matt lbirn another
(I 'fjtj jo Monroe C'o u lQY. n
s VAa UQAA q sgaACV(S)Jrnrjg�jn ulation
shall be dcelnied to be cctmau.tmtuu11u.u.1
A
Abandoned means the voluntary discontinuation of a land use. When the a.TnQTg..,,jIy's land use of-a
ire,rh-uY-ty has ceased and the property has been vacant for 18 months, abandonment of the hind use will
be presumed unless the owner can show that a diligent effort has been made to sell, rent, or ttse-ellgkig�,
the property in as rdevant ktra-legally permissible kind,use. This excludes temporary or short-term
interruptions to a JAR(J.use of-ae+i-vi4y during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
B
Building means a structure that is located on land or water cri a ed in ii. land use or that can N.. u.sed 161-
9-----------------------------------------------------------------------------------------------
I ri-i t
either temporarily or permanently.
C
0 -i nic.ans landc V,ao'
C)nstruction rn(.,,,.tns the ad Win r
ns.
or rnore stri[jai.tral or build'
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as s c rn ii�i t-s
D
Development means the umnnaiu nu .,2,..Qf.,,Ljjy �.jjm!,JaLcban (..in..t.h a..p arance ofan Jand unch;uuiun.ii..bur not
Iji-nitcd to jandch.,,,ari rig und/or ltuc cicar n ofigridg,sgri a( uncl ofcons r i( J. .]-I gk in f j t u, 1. )ri fit y,
unaterial chan e in thQ USC ofany
--------------
juiiki -( I ,n r rriaterU chan�.., h a rja'gn.QQ rwateri,,fl ch, w6 In
thejjsc.ofg,[u jure,.t[ie.dividiri of land nto three or -out.of
Y
r-rla-k-,f i-M-ehfi-Ii aft �Or t-ie-1 di ng--(--)4'I-,,t*d--i H+w i-hf-ee-of
nlof
The following shall be taken for the purposes of this Comprehensive Plan to involve
"development," as defined in this t,,?,-(j'jossary:
al.l.jan lc,u�j n14'a.
b Uncl ofconstruldon,
c, t onslu uction.
a- (1).A reconstruction, alteration of the size, or material change in the external appearance of a structure
on land.
b) umj 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.
e) j").Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any
"coastal construction" as defined in Section 161.021, F.S.
d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of
land.
e� [1) Demolition of a structure.
g-) J.1 Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following tim-nu shall not be taken for the purpose of this Comprehensive Plan to
involve "development" as defined in this Glossary:
a) Work by a highway or road agency or railroad company for the maintenance or improvement of a
road or railroad track, if the work,is carried out on land within the boundaries of the right-of-way.
b) Work by any utility and other persons engaged in the distribution or transmission of gas, electricity,
or water, for the purpose of inspecting, repairing, renewing on established rights-of-way or corridors, or
constructing on established rights-of-way or to-be-established rights-of-way or corridors, any sewers,
mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision
conveys no property interest and does not eliminate any applicable notice requirements to affected land
owners.
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c) Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects
only the interior or the color of the structure or the decoration of the exterior of the structure.
d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to
enjoyment of the dwelling.
e) the purpose of growing plants, crops, trees, and other agricultural
or forestry products; raising livestock; or for other agricultural purposes.
f) A change in use of land or structure from a use within a category specified in an ordinance or rule to
another use in the same category.
g) A change in the ownership or form of ownership of any parcel or structure.
h) The creation or termination of rights of access, riparian rights, easements, distribution and
transmission corridors, covenants concerning development of land, or other rights in land.
"Development,"includes all other development customarily associated with it unless otherwise
specified. When appropriate to the context, "development"refers to the act of developing or to the
result of development. Reference to any specific a..Q,,_a a ii nine mammi ijs-,,,msm operation is not intended to
mean that the,aaa am. a _pub mnflm �auaa .:g a , amntn;alaa n� Dmtnma .ail.aerttait n- )fae i k -, when part of another act,.,
a,I liyd. .,, Jai ( l agsi(.)lq is not '.'-development..'-,
R-reference to Qbr�e....or lln<ar.e.,.,.1. a. a� ���m��m4���ll�D�..�.�. W��mm�, lllld�.� .m�,. D�.�.�.a„� cD�..�m�m4 0���m�Gm u� �� .,.��]�a�aajiom�n- ol,,)erlq,4itt s-
is not intended to limit the generality of this definition.
G
Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol and
11,urls..A reermtten"ni, inclu(Jing. carbon dioxide (CO2),methane (CH4), nitrous oxide (N2O),
hydrofluorocarbons (HFCs),perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct GHGEs
are emissions from sources that are owned or controlled by the reporting entity such as energy use for
the electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the
activities of the reporting entity, but occur at sources owned or controlled by another entity.
L
f,�a���f �;47a�iba b�� as � a aillG C it call tlrqu or P"eH`nova l and ifidUUd11n, s' �'LJ ficani diaatur ba ucc of
�a aaa a a abb su bstnat 3 wlli Js nol all Land uFe and
annAli.a..n,unaai�mgmn.Lo6 a���.�.rna6.ta:rLd c.�Tl,i�➢"Vg ...W n��c...ti���c�t<au�cQ..4�f allL m a�l�n,(L
N
Nonconforming Use means a land use which does not conform to a current provision or regulation
provided in the Comprehensive Plan and/or LDC.
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Nonconforming Use, Lawful means a land use which does not conform to a current provision or
regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in
existence lawfully, prior to the effective date of the ordinance adopting the current provision or
regulation that rendered the land use nonconforming.
R
Redevelopment means � na:__.i� �mmm l� �ummu 9;.o mtmm4w, "Ibis, 61mammhmula m..11ht,t a mmriot lmuumrmui..d..d .
rehabilitation, improvement, and/or demolition and replacement of existing development on a site
S
Structure means anything constructed, installed or portable, rnm4mawible..aarmnot.ytto ag,le t�mmutu,p�k[gjym__�;:�tm
la�nnano)1_wl i ..u. _�1����.�m_s._a io aiicroi..��t�
pa-reel--oi-=-iond. in#t4r ;M n c is
64-iee-ptt.rposltt t� . The term also includes but is not
limited to, buildings, roads, walkways of impervious materials,paths, fences, swimming pools, sport
courts,poles, utility lines, signs, cisterns, sewage treatment plants, sheds, docks, and other accessory
construction.
U
yy r
IV. ANALYSIS OF PROPOSED AMENDMENT
Amendments to the Glossary of the Comprehensive Plan are necessary to clarify the continuing
application of the Monroe County 2030 Comprehensive Plan to development, to clarify the general and
defined terms section and to clarify the construction conflicts with the Monroe County Code.
V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
County 2030 Comprehensive Plan. Specifically,it furthers:
GOAL 101
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Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County residents and
visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
Area, Section 380.0552(7), Florida Statutes.
For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles to
guiding development and any amendments to the principles,the principles shall be construed as a whole and no
specific provision shall be construed or applied in isolation from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local government is
able to achieve these objectives without continuing the area of critical state concern designation.
(b)Protecting shoreline and benthic resources,including mangroves, coral reef formations, seagrass beds,wetlands,
fish and wildlife, and their habitat.
(c)Protecting upland resources,tropical biological communities, freshwater wetlands,native tropical vegetation(fo
example,hardwood hammocks and pinelands), dune ridges and beaches,wildlife, and their habitat.
(d)Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic development.
(e)Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f)Enhancing natural scenic resources,promoting the aesthetic benefits of the natural environment, and ensuring
that development is compatible with the unique historic character of the Florida Keys.
(g)Protecting the historical heritage of the Florida Keys.
(h)Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major public
investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection,treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance,
and replacement of stormwater management facilities; central sewage collection; treatment and disposal
facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
disposal systems.
0) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
applicable, and by directing growth to areas served by central wastewater treatment facilities through
permit allocation systems.
(k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
Keys.
(1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
(m) Providing adequate alternatives for the protection of public safety and welfare in the event of a
natural or manmade disaster and for a post disaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
the Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
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Specifically, the amendment furthers:
163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and enhance present
advantages; encourage the most appropriate use of land,water, and resources, consistent with the public interest;
overcome present handicaps; and deal effectively with future problems that may result from the use and
development of land within their jurisdictions. Through the process of comprehensive planning,it is intended that
units of local government can preserve,promote,protect, and improve the public health, safety, comfort,good
order, appearance, convenience,law enforcement and fire prevention, and general welfare; facilitate the adequate
and efficient provision of transportation, water, sewerage, schools,parks,recreational facilities,housing, and other
requirements and services; and conserve, develop,utilize, and protect natural resources within their jurisdictions.
163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set out in
this act and that no public or private development shall be permitted except in conformity with comprehensive
plans, or elements or portions thereof,prepared and adopted in conformity with this act.
163.3177(l),F.S.—The comprehensive plan shall provide the principles,guidelines, standards, and strategies for
the orderly and balanced future economic, social,physical, environmental, and fiscal development of the area that
reflects community commitments to implement the plan and its elements. These principles and strategies shall guide
future decisions in a consistent manner and shall contain programs and activities to ensure comprehensive plans are
implemented. The sections of the comprehensive plan containing the principles and strategies, generally provided a;
goals, objectives, and policies, shall describe how the local government's programs, activities, and land
development regulations will be initiated,modified, or continued to implement the comprehensive plan in a
consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the
comprehensive plan but rather to require identification of those programs, activities, and land development
regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describf
how the programs, activities, and land development regulations will be carried out. The plan shall establish
meaningful and predictable standards for the use and development of land and provide meaningful guidelines for thf
content of more detailed land development and use regulations.
163.3201,F.S.— Relationship of comprehensive plan to exercise of land development regulatory authority.—It is
the intent of this act that adopted comprehensive plans or elements thereof shall be implemented, in part,by the
adoption and enforcement of appropriate local regulations on the development of lands and waters within an area. It
is the intent of this act that the adoption and enforcement by a governing body of regulations for the development of
land or the adoption and enforcement by a governing body of a land development code for an area shall be based on
be related to, and be a means of implementation for an adopted comprehensive plan as required by this act.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the proposed comprehensive plan text amendment.
DOCUMENTATION:
2023-127_SR_BOCC_06.21.23.pdf
2023-127_Transmittal Reso.pdf
Exhibit A to_Resolution_-_2023-127_Ordinance.pdf
FINANCIAL IMPACT:
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N/A
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rrw� k
s
I
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and
12 Environmental Resources Department
13
14 From: Cheryl Cioffari, A.LC.P., Assistant Director of Planning, Monroe County Planning and
15 Environmental Resources Department
16
17 Date: June 6, 2023
18
19 Subject: A public hearing to consider a Resolution by the Monroe County Board of County
20 Commissioners transmitting to DEO a proposed ordinance amending the Introduction
21 and Background, and Glossary of the 2030 Monroe County Comprehensive Plan to
22 clarify the continuing application of the Monroe County 2030 Comprehensive Plan to
23 development, to clarify the General and Defined Terms sections, and to clarify
24 construction of conflicts with the Monroe County Code(s).
25
26 Meeting: June 21, 2023
27
28
29 I. REQUEST
30
31 The Monroe County Planning&Environmental Resources Department is proposing amendments to the
32 Introduction and Background, and Glossary of the 2030 Comprehensive Plan, to include a section for
33 rules of construction, amend the definitions of several defined terms for clarification purposes,to clarify
34 the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify
35 the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County
36 Code(s).
37
6 IL BACKGROUND INFORMATION
40 Community Meeting and Public Participation
41 In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a community meeting for
42 the Comprehensive Plan and Land Development Code text amendments was held on February 7, 2023,
43 providing for public input. There were ten (10) members of the public in attendance. (Note: This item
44 was originally included as part of File No. 2022-093, but has now been separated as a standalone
49 ordinance under new File No. 2023-127)
47 Monroe County Development Review Committee Meeting
48 The Development Review Committee considered the proposed amendment at a regular meeting on April
49 25, 2023 (as part of File 2022-093).
50
1 of 8
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1 Monroe Countv Planning Commission
2 The Monroe County Planning Commission considered the proposed amendment at a regular meeting on
3 May 24, 2023 (as part of File No. 2022-093) and recommended approval of these specific amendments
4 through Planning Commission Resolution No. P22-23.
5
6 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
7
8 Proposed Amendment(additions are shown in red underlined; deletions are in red
10 1.0- INTRODUCTION AND BACKGROUND
11
12 *****
13 e. Rules of Construction. In the construction and inter retation of the lanuaa$e of`this Monroe Count
14 Co m rehensive Plan the rules set out in this section shall be observed unless such construction would
15 be inconsistent with the manifest intent of the BOCC as expressed in the Comg�rehensive Plan,
16 or an element or portion thereof, adopted pursuant to F,S. Ch. 163 and F.S. Ch. 380. The rules of
17 construction and definitions and rovision s set out in this Com rehensive Plan shall not be anplied
18 to any section of these provisions or regulations that shall e ontain any express provisions excluding such
19 construction g or where the subNect matter or context of such section is plainly repugnant thereto.
20
21 (1) Purpose. In the interpretation and application of any provision of this Monroe County
22 Comprehensive Plan, the rcc�uirements c>f this Comprehensive Plan shall be held to be the
23 minimum require_ ent adopted f'or the pro otion of the public health, safety, co____m__f`ort,
24 convenience and „eneral welfare.
25
26 (2) of this Monroe County
27 Comprehensive Plan imposes greater restrictions upon a subiect matter than another
28 definition s} or rovision s} lmosed by this Comprehensive Plan, the defmition(s) or
29 rovision s im osin v the greater restriction or re elation shall be deemed to be controlling.
30 Where any definitions) or rovision s) of this Monroe Count Co prehensive Plan i doses
31 greater restrictions upon a subject matter than another definitions) or provision s imposed
32 1?y the Monroe County Land T?evelopment Code, the Comprehensive Plan j( efinitionisl or
33 rovision s) imposin the greater restriction or regulation shall be deemed to be controlling.
34
35 (3) Generall . The provisions of this Co prehensive Plan shall Ugly to the unincorporated
36 areas of Monroe County, All develoty ent of whatever type or characterg including but not
37 limited to ]an arance of any
38 land, the clearing of`land as an adjunct of construction. construction„ the carryin out of any
39 buildin activity, or the akin of any aterial change in the appearance of any structure,
40 shall comply with this Comterehensive Plan. No development shall be undertaken without
41 rior a royal and issuance of a develo menu ermit under the revisions of the
42 Comprehensive Plan and Land Development Code.
43
44 *****
45 Glossary
46 General
47
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I If definitions sought are not within this section, the County shall utilize the adopted definitions of its
2 LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the
3 County shall utilize the term as commonly used.
4
5 Rules of Construction. In the construction and
6 Co prehensive flan Glossary the rules set out in this section shall be observed unless such construction
7 would be plainly inconsistent with the manifest intent of the 130C LC as expressed in the Comprehensive
8 Plan or an element or -ortion there 80, The rules of
9 construction and definitions) Plan Glossary shall not be
10 implied to any section of these provisions or regulations that shall contain atly express Iarovisions
11 excluding such construction or where the subject
12 thereto. Wh ehensive PlgR G��Jossqr�Jmo�ses �,re�qter
13 restrictions is
14 o C rehensive PI greater restriction L�_= or regulation shall
15 be deemed to be controllin Where an definitions or rovision s of this Monroe Count
16 Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another
17 definition(s) or provisions) s�
_inu)o-ed by the Monroe County Land _Development_Code, the
IS CoMDrehensive Plan Glossar definitions or rovision s im osin r the greater restriction or re elation
19 shall be deemed to be cgnjjolhn�.
20
21
22 A
23 Abandoned means the voluntary discontinuation of a land use. When the use of-a
24 pfape#y has ceased and the property has been vacant for 18 months, abandonment of the land use will
25 be presumed unless the owner can show that a diligent effort has been made to sell, rent, or tts-e���q e
26 the property in a relevant fer-a legally permissible land use. This excludes temporary or short-term
27 interruptions to a land use ef— i during periods of remodeling, maintaining, or otherwise
28 improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
29
30
31 B
32
33 Building means a structure that is located on land or water en a ed in a land use or that can be used for
34 sLaportin or sheltering any land use oL_qg�cu ancy�
35 either temporarily or permanently.
36
37 C
38
39 Clearing,means landclearing.
40
41 fonstruction means the act of constructing or
42 graan in one or anore structural or buildin s sterns com onents arts elements assemblies or sub-
43 assemblies,
44
45 D
46
47 Development means the mmiaking of any material change t
48 limited to landclearin andlor the clearing of land as an adjunct of construction, the 1v►�king of an
49 material change
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4092
I of any material change in the appearance of any structure, the akin of any aterial change in the use
2 of any structure, the dividing of land into three or more parcels, or the carryln out of anng
3 olteration,
4 ,
5 p. s°
6
7 The following ,roe fi:,�� shall be taken for the purposes of this Comprehensive Plan to involve
8 "development," as defined in this gQlossary:
9 a) L,andclearin ,
10 b Clcarin�of land as an adfunct of construction.
11 c) Construction.
12 a) �) A reconstruction, alteration of the size, or material change in the external appearance of a
13 structure on land.
14 )A change in the intensity of use of land, such as an increase in the number of dwelling units in
15 a structure or on land or a material increase in the number of businesses, manufacturing
16 establishments, offices, or dwelling units in a structure or on land.
17 e;) f) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any
18 "coastal construction" as defined in Section 161.021, F.S.
19 g) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of
20 land.
21 e)h)Demolition of a structure.
22
23 �i) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
24
25 The following shall not be taken for the purpose of this Comprehensive Plan to involve
26 "development" as defined in this-g glossary:
27 a) Work by a highway or road agency or railroad company for the maintenance or improvement of
28 a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
29 b) Work by any utility and other persons engaged in the distribution or transmission of gas,
30 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-of-way
31 or corridors, or constructing on established rights-of-way or to-be-established rights-of-way or
32 corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the
33 like. This provision conveys no property interest and does not eliminate any applicable notice
34 requirements to affected land owners.
35 c)Work for the maintenance,renewal,improvement,or alteration of any structure,if the work affects
36 only the interior or the color of the structure or the decoration of the exterior of the structure.
37 d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental
38 to enjoyment of the dwelling.
39 e) A land use for the purpose of growing plants, crops, trees, and other
40 agricultural or forestry products; raising livestock; or for other agricultural purposes.
41 f)A change in use of land or structure from a use within a category specified in an ordinance or rule
42 to another use in the same category.
43 g) A change in the ownership or form of ownership of any parcel or structure.
44 h) The creation or termination of rights of access, riparian rights, easements, distribution and
45 transmission corridors, covenants concerning development of land, or other rights in land.
46 "Development," includes all other development customarily associated with it unless otherwise
47 specified. When appropriate to the context, "development" refers to the act of developing or to the
48 result of development. Reference to any specific act, activity, land use, or operation is not intended
49 to mean that the act, activity„ land use, or ot�eration , when part of another act
4of8
4093
I activity, land use, or operation, is not "development". Particular
2 Rreference to one or more types) or numbers} of land use, act s), activity�ies , or o er �?9
36eff is not intended to limit the generality of this definition.
4
5 *****
6 G
7 *****
8 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol and
9 Paris Agreement, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
10 hydrofluorocarbons(HFCs),perfluorocarbons(PFCs),and sulfur hexafluoride(SF6).Direct GHGEs are
11 emissions from sources that are owned or controlled by the reporting entity such as energy use for the
12 electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the activities
13 of the reporting entity, but occur at sources owned or controlled by another entity.
14
15 *****
16 L
17 *****
18 Landcicaring means the clearing or removal of veneration and includin siYnificant disturbance of
19 vegetation or substrate (soil manipulation. Landclearin is not a land use and constitutes development
20 as the makingf any material change in the appearance of any lend,
21
22 *****
23 N
24 *****
25 Nonconforming Use means a land use which does not conform to a current provision or regulation
26 provided in the Comprehensive Plan and/or LDC.
27
28 Nonconforming Use, Lawful means a land use which does not conform to a current provision or
29 regulation provided in the Comprehensive Plan and/or LDC,but was permitted,or otherwise in existence
30 lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that
31 rendered the land use nonconforming.
32
33 *****
34 R
35 *****
36
37 Redevelopment means the development of a site already developed. This includes but is not li ited to
38 rehabilitation, improvement, and/or demolition and replacement of existing development on a site
39
40 *****
41 S
42 *****
43 Structure means anything constructed, installed or portable, movable or not ovable, teMporaryor
44 permanent, which requires a locatio,� on a parcel of land. ,
45 far-e��my ,,,a
46 , The term also includes but is not
47 limited to,buildings,roads, walkways of impervious materials,paths, fences, swimming pools, sport
48 courts,poles, utility lines, signs, cisterns, sewage treatment plants, sheds, docks, and other accessory
49 construction.
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4094
2 U
3
4 Use means land use,
5
6
7
8
9
10 IV. ANALYSIS OF PROPOSED AMENDMENT
11
12 Amendments to the Glossary of the Comprehensive Plan are necessary to clarify the continuing
13 application of the Monroe County 2030 Comprehensive Plan to development, to clarify the general and
14 defined terms section and to clarify the construction conflicts with the Monroe County Code.
15
16
17 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
18 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
19
20 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
21 County 2030 Comprehensive Plan. Specifically, it furthers:
22
23 GOAL 101
24 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
25 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
26
27 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
28 Area, Section 380.0552(7), Florida Statutes.
29
30 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
31 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
32 no specific provision shall be construed or applied in isolation from the other provisions.
33
34 (a) Strengthening local government capabilities for managing land use and development so that local
35 government is able to achieve these objectives without continuing the area of critical state concern
36 designation.
37 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
38 wetlands,fish and wildlife, and their habitat.
39 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
40 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
41 their habitat.
42 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
43 development.
44 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
45 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
46 ensuring that development is compatible with the unique historic character of the Florida Keys.
47 (g) Protecting the historical heritage of the Florida Keys.
48 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
49 public investments,including:
50 1. The Florida Keys Aqueduct and water supply facilities;
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1 2. Sewage collection, treatment, and disposal facilities;
2 3. Solid waste treatment, collection, and disposal facilities;
3 4. Key West Naval Air Station and other military facilities;
4 5. Transportation facilities;
5 6. Federal parks,wildlife refuges, and marine sanctuaries;
6 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
7 8. City electric service and the Florida Keys Electric Co-op; and
8 9. Other utilities, as appropriate.
9 (i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
10 replacement of stormwater management facilities; central sewage collection; treatment and disposal
11 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
12 disposal systems.
13 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
14 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
15 applicable, and by directing growth to areas served by central wastewater treatment facilities through
16 permit allocation systems.
17 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
18 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
19 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
20 manmade disaster and for a post disaster reconstruction plan.
21 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
22 Florida Keys as a unique Florida resource.
23
24 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
25 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
26
27 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
28 Specifically, the amendment furthers:
29
30 163.3161(4),F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
31 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
32 public interest; overcome present handicaps; and deal effectively with future problems that may result from
33 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
34 it is intended that units of local government can preserve, promote, protect, and improve the public health,
35 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
36 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
37 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
38 protect natural resources within their jurisdictions.
39
40 163.3161(6),F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
41 out in this act and that no public or private development shall be permitted except in conformity with
42 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
43
44 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines, standards,and strategies
45 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
46 area that reflects community commitments to implement the plan and its elements. These principles and
47 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
48 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
49 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
50 government's programs,activities,and land development regulations will be initiated,modified,or continued
51 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
52 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
53 programs, activities, and land development regulations that will be part of the strategy for implementing the
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1 comprehensive plan and the principles that describe how the programs, activities, and land development
2 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
3 development of land and provide meaningful guidelines for the content of more detailed land development
4 and use regulations.
5
6 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.-
7 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
8 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
9 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
10 for the development of land or the adoption and enforcement by a governing body of a land development code
11 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
12 plan as required by this act.
13
14
15 VI. PROCESS
16
17 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Monroe
18 County Planning Commission, the Senior Director of the Monroe County Planning and Environmental
19 Resources Department, or the owner or other person having a contractual interest in property to be
20 affected by a proposed amendment. The Senior Director of the Monroe County Planning and
21 Environmental Resources Department shall review and process applications as they are received and
22 pass them onto the Monroe County Development Review Committee and the Monroe County Planning
23 Commission.
24
25 The Monroe County Planning Commission ("Planning Commission") shall hold at least one public
26 hearing. The Planning Commission shall review the application,the reports and recommendations of the
27 professional staff,Development Review Committee("DRC"), and public comment given. The Planning
28 Commission shall submit its recommendations to the Board of County Commissioners ("Board" or
29 "County"). The Board holds a public hearing to consider approval to transmit the subject comprehensive
30 plan amendment and considers the professional staff s recommendations, the professional staff s
31 report(s), and public comment and/or testimony given. Upon approval the amendment is transmitted to
32 State Land Planning Agency (the Department of Economic Opportunity), which then reviews the
33 proposal and issues an Objections, Recommendations and Comments ("ORC") Report. Upon receipt of
34 the ORC report,the County has 180 days to adopt the amendments, adopt the amendments with changes
35 or not adopt the amendment.
36
37 VII. STAFF RECOMMENDATION
38
39 Staff recommends resolution approval to transmit the subject amendment to the Department of
40 Economic Opportunity(DEO).
41
42 VIII. EXHIBITS
43
44 1. Draft Ordinance
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3 �Nn M11.
4
5
6
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2023
10
11 A RESOLUTION BY THE MONROE COUNTY BOARD OF
12 COUNTY COMMISSIONERS TRANSMITTING TO THE STATE
13 LAND PLANNING AGENCY AN ORDINANCE BY THE MONROE
14 COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING
15 THE INTRODUCTION AND BACKGROUND,AND GLOSSARY OF
16 THE MONROE COUNTY 2030 COMPREHENSIVE PLAN TO
17 CLARIFY THE CONTINUING APPLICATION OF THE MONROE
18 COUNTY 2030 COMPREHENSIVE PLAN TO DEVELOPMENT
19 AND TO CLARIFY THE GENERAL AND DEFINED TERMS
20 SECTIONS AND TO CLARIFY CONSTRUCTION OF CONFLICTS
21 WITH THE MONROE COUNTY CODE(S); PROVIDING FOR
22 SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
23 PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE
24 LAND PLANNING AGENCY AND THE SECRETARY OF STATE;
25 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
26 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
27 DATE.
28
29
30 WHEREAS, the Monroe County Board of County Commissioners conducted a public
31 hearing for the purpose of considering the transmittal to the State Land Planning Agency (the
32 Department of Economic Opportunity) for objections, recommendations, and comments, and to
33 the State of Florida's other executive branch agencies for review and comment on the proposed
34 amendment to the Monroe County Year 2030 Comprehensive Plan as described above; and
35
36 WHEREAS, the Board of County Commissioners of Monroe County, Florida, supports
37 the requested text amendment;
38
39 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
40 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
41
42 Section 1. Recitals. The foregoing recitals, findings of fact, conclusions of law, and
43 statements of legislative purpose and legislative intent are true and correct and are
44 hereby incorporated as if fully stated herein.
4098
45 Section 2. The Board of County Commissioners does hereby approve transmittal of the draft
46 ordinance, attached as Exhibit A. hereto, for adoption of this proposed text
1� amendment.
49 Section 3. The Board of County Commissioners ("Board") does hereby transmit the proposed
50 amendment to the State Land Planning Agency (the Department of Economic
Opportunity) for State-coordinated review and comment.
53 Section 4. The Monroe County Board of County Commissioners' professional staff are
54 accordingly authorized to prepare and submit the required transmittal letter and
N supporting documents for the proposed amendment.
57 Section 5. The Board of County Commissioners ("Board") does hereby transmit the proposed
58 amendment to the State Land Planning Agency (the Department of Economic
9$ Opportunity) for State-coordinated review and comment.
61 Section 6. Construction and Interpretation. The construction and interpretation of this
62 resolution and all Monroe County Comprehensive Plan provision(s), Florida
63 Building Code, Florida Statutes, and Monroe County Code(s) provision(s) whose
64 interpretation arises out of, relates to, or is interpreted in connection with this
65 resolution shall be liberally construed and enforced in favor of Monroe County to
66 effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred
67 in favor of the BOCC and such construction and interpretation shall be entitled to
68 great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
98 appeal.
71 Section 7. Severability. If any provision of this resolution, or any part or portion thereof, is
72 held to be invalid or unenforceable by any administrative hearing officer or court
73 of competent jurisdiction, the invalidity or unenforceability of such provision, or
74 any part or portion thereof, shall neither limit nor impair the operation,
75 enforceability,or validity of any other provision of this resolution, or any remaining
76 part(s) or portion(s) thereof. All other provisions of this resolution, and remaining
N part(s) or portion(s) thereof, shall continue unimpaired in full force and effect.
79 Section 8. The Clerk of Court, in his capacity as the Clerk of the Board, is hereby directed to
80 forward a certified copy of this resolution to the Senior Director of the Monroe
H County Planning and Environmental Resources Department.
83 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
0� Florida, at a regular meeting of the Board held on the 21`t day of June, 2023.
86 Mayor Craig Cates, District 1
87 Mayor Pro Tem Holly Merrill Raschein, District 5
88 Commissioner Michelle Lincoln, District 2
89 Commissioner James K. Scholl, District 3
90 Commissioner David Rice, District 4
91
92 BOARD OF COUNTY COMMISSIONERS
93 OF MONROE COUNTY, FLORIDA
94
95 By:
96 Mayor Craig Cates
4099
97 MONROE MOM ATTORNEY
98
99
loo (SEAL)
101 ATTEST: KEVIN MADOK, CLERK
102
103
104 AS DEPUTY CLERK
4100
1 EXHIBIT A TO RES. NO. - 2023
w-
2A
f
3 r N 4
4
5 `
6
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2023
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
14 AND BACKGROUND, AND GLOSSARY OF THE MONROE
15 COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE
16 CONTINUING APPLICATION OF THE MONROE COUNTY 2030
17 COMPREHENSIVE PLAN TO DEVELOPMENT, TO CLARIFY
18 THE GENERAL AND DEFINED TERMS SECTIONS, TO CLARIFY
19 CONSTRUCTION OF CONFLICTS WITH THE MONROE
20 COUNTY CODE(S); PROVIDING FOR SEVERABILITY;
21 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
22 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
23 PLANNING AGENCY AND THE SECRETARY OF STATE;
24 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
25 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
26 DATE.
27
28
29 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida
30 Statutes, the Board of County Commissioners of Monroe County, Florida ("Monroe County"),
31 possesses the constitutional police power to enact ordinances in order to protect the health, safety,
32 and welfare of the County's citizens; and
33
34 WHEREAS, pursuant to Land Development Code ("LDC") Section 102-159(b)(3) a
35 community meeting was held on February 7, 2023; and
36
37 WHEREAS, the Monroe County Development Review Committee ("DRC") thereafter
38 met to consider amendment of the below-referenced provisions of the Monroe County 2030
39 Comprehensive Plan at a regularly scheduled meeting held on April 25, 2023; and
40
41 WHEREAS, on May 24, 2023, the Monroe County Planning Commission ("Planning
42 Commission") held a public hearing for the purpose of considering amendment of the below-
43 referenced provisions of the Monroe County 2030 Comprehensive Plan and provided for public
44 comment
45
46 WHEREAS, based upon the information and documentation submitted, the Planning
47 Commission made the following findings of fact and conclusions of law:
4101
1 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
2 Monroe County Year 2030 Comprehensive Plan; and
3 2. The proposed amendment is consistent with the Principles for Guiding Development
4 for the Florida Keys Area of Critical State Concern, Sec. 3 80.0552(7), Florida Statutes;
5 and
6 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
7
8 WHEREAS, the Planning Commission recommended approval including staff requested
9 edits regarding the proposed amendment; and
10
11 WHEREAS, at a regular meeting held on the 2 1"day of June, 2023, the Board of County
12 Commissioners of Monroe County,Florida,held a public hearing to consider the transmittal of the
13 proposed text amendment, considered the professional staff's recommendations and the
14 professional staff report, and provided for public comment; and
15
16 WHEREAS, at a regular meeting held on the 2 1"day of June, 2023, the Board of County
17 Commissioners of Monroe County, Florida ("Board" or "County"), considered the subject
18 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
19 Agency(the Department of Economic Opportunity); and
20
21 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
22 Objections, Recommendations and Comments (ORC)report on received by the
23 County on ; and
24
25 WHEREAS,the ORC report <did/did not> identify any objections,recommendations, or
26 comments; and
27
28 WHEREAS, the Board has 180 days from the date of receipt of the ORC to adopt the
29 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
30
31 WHEREAS, at a regularly scheduled meeting on the day of the
32 County held a public hearing to consider adoption of the proposed Comprehensive Plan text
33 amendment;
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
36 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
37
38 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
39 conclusions of law, and statements of legislative purpose and legislative intent are true and correct
40 and are hereby incorporated as if fully stated herein.
41
42 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as
43 follows (deletions are shown stFike thfetig- ; additions are shown underlined):
44
45 *****
46 1.0- INTRODUCTION AND BACKGROUND
4102
1
2
3 c. Rules of Construction. In the construction and interpretation of the language of this Monroe
4 County Comprehensive Plan, the rules set out in this section shall be observed unless such
5 construction would be plainly inconsistent with the manifest intent of the BOCC as expressed in
6 the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
7 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
8 Comprehensive Plan shall not be applied to any section of these provisions or regulations that shall
9 contain any express provisions excluding such construction or where the subject matter or context
10 of such section is plainly repugnant thereto.
11
12 (1) Purpose. In the interpretation and application of any provision of this Monroe County
13 Comprehensive Plan, the requirements of this Comprehensive Plan shall be held to be
14 the minimum requirements adopted for the promotion of the public health, safety,
15 comfort, convenience and general welfare.
16
17 (2) Applicability. Where any definition(s) or provision(s) of this Monroe County
18 Comprehensive Plan imposes greater restrictions upon a subject matter than another
19 definition(s) or provision(s) imposed by this Comprehensive Plan, the definition(s) or
20 provision(s) imposing the greater restriction or regulation shall be deemed to be
21 controlling. Where any definition(s) or provision(s) of this Monroe County
22 Comprehensive Plan imposes greater restrictions upon a subject matter than another
23 definition(s) or provision(s) imposed by the Monroe County Land Development Code,
24 the Comprehensive Plan definition(s) or provision(s) imposing the greater restriction
25 or regulation shall be deemed to be controlling.
26
27 (3) Generally. The provisions of this Comprehensive Plan shall apply to the
28 unincorporated areas of Monroe County. All development of whatever type or
29 character, including but not limited to landclearing and/or the making of any material
30 change in the appearance of any land,the clearing of land as an adjunct of construction,
31 construction, the carrying out of any buildingay, or the making of any material
32 change in the appearance of any structure, shall comply with this Comprehensive Plan.
33 No development shall be undertaken without prior approval and issuance of a
34 development permit under the provisions of the Comprehensive Plan and Land
35 Development Code.
36
37 *****
38 Glossary
39 General
40
41 If definitions sought are not within this section, the County shall utilize the adopted definitions of
42 its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these
43 documents, the County shall utilize the term as commonly used.
44
45 Rules of Construction. In the construction and interpretation of the language of this Monroe
46 County Comprehensive Plan Glossary, the rules set out in this section shall be observed unless
4103
I such construction would be plainly inconsistent with the manifest intent of the BOCC as expressed
2 in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
3 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
4 Comprehensive Plan Glossary shall not be applied to any section of these provisions or regulations
5 that shall contain any express provisions excluding such construction or where the subject matter
6 or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) of
7 this Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another
8 definition(s) or provision(s)imposed by this Comprehensive Plan, the definition(s) or provision(s)
9 imposing the greater restriction or regulation shall be deemed to be controlling. Where any
10 definition(s)or provision(s)of this Monroe County Comprehensive Plan Glossary imposes greater
11 restrictions upon a subject matter than another definition(s)or provision(s)imposed by the Monroe
12 County Land Development Code, the Comprehensive Plan Glossary definition(s) or Provision(s)
13 imposing the greater restriction or regulation shall be deemed to be controlling_
14
15 *****
16 A
17 Abandoned means the voluntary discontinuation of a land use. When the a property's land use Of
18 a pr-epeA has ceased and the property has been vacant for 18 months, abandonment of the land
19 use will be presumed unless the owner can show that a diligent effort has been made to sell, rent,
20 or ttse engage the property in a relevant€ef-a legally permissible land use. This excludes
21 temporary or short-term interruptions to a land use ef aeti-,�it during periods of remodeling,
22 maintaining, or otherwise improving or rearranging a facility, or during normal periods of
23 vacation or seasonal closure.
24
25 *****
26 B
27 *****
28 Building means a structure that is located on land or water engaged in a land use or that can be
29 used for supporting or sheltering any land use or occupancy, ^Nd I_114--i^h temfi LP 11-40
30 business, eammefeial, agfiettkufal, star-age ^ffi^e p -__-, either temporarily or permanently.
31 *****
32 C
33 *****
34 Cleaving means landclearing.
35 *****
36 Construction means the act of constructing a structure or building on real property by combining
37 or arranging one or more structural or building systems, components, parts, elements, assemblies,
38 or sub-assemblies.
39 *****
40 D
41 *****
42 Development means the making of any material change in the appearance of any land including
43 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making
44 of any material change in the use of any land, construction, the carrying out of any building
45 activity, the making _of any material change in the appearance of any structure, the making _g of any
any material change in the appearance of any structure, the makin _g of any
46 material change in the use of any structure, the dividing of land into three or more parcels, or the
4104
I carrying out of any mining operation,the eaffyiiig eut of any building aetiv4y of fflining epeffftieii,
2 ,of the dividi
3 .
4
5 The following ,,e fivities of „se shall be taken for the purposes of this Comprehensive Plan to
6 involve "development," as defined in this gGlossary:
7 a) Landclearing
8 b) Clearing of land as an adjunct of construction.
9 c) Construction.
10 a)4) A reconstruction, alteration of the size, or material change in the external appearance of
11 a structure on land.
12 h) e) A change in the intensity of use of land, such as an increase in the number of dwelling
13 units in a structure or on land or a material increase in the number of businesses,manufacturing
14 establishments, offices, or dwelling units in a structure or on land.
15 &) f) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including
16 any"coastal construction" as defined in Section 161.021, F.S.
17 d) g) Commencement of drilling, except to obtain soil samples, mining, or excavation on a
18 parcel of land.
19 e)hh)Demolition of a structure.
20 .
21 g) i) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
22
23 The following apefations of tises shall not be taken for the purpose of this Comprehensive Plan to
24 involve "development" as defined in this gGlossary:
25 a)Work by a highway or road agency or railroad company for the maintenance or improvement
26 of a road or railroad track, if the work is carried out on land within the boundaries of the right-
27 of-way.
28 b) Work by any utility and other persons engaged in the distribution or transmission of gas,
29 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-
30 of-way or corridors, or constructing on established rights-of-way or to-be-established rights-
31 of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers,
32 poles, tracks, or the like. This provision conveys no property interest and does not eliminate
33 any applicable notice requirements to affected land owners.
34 c)Work for the maintenance, renewal, improvement, or alteration of any structure, if the work
35 affects only the interior or the color of the structure or the decoration of the exterior of the
36 structure.
37 d) The use of any structure or land devoted to dwelling uses for any purpose customarily
38 incidental to enjoyment of the dwelling.
39 e) A land use The use of any lafid for the purpose of growing plants, crops, trees, and other
40 agricultural or forestry products; raising livestock; or for other agricultural purposes.
41 f) A change in use of land or structure from a use within a category specified in an ordinance
42 or rule to another use in the same category.
43 g) A change in the ownership or form of ownership of any parcel or structure.
44 h) The creation or termination of rights of access, riparian rights, easements, distribution and
45 transmission corridors, covenants concerning development of land, or other rights in land.
4105
I "Development," includes all other development customarily associated with it unless
2 otherwise specified. When appropriate to the context, "development" refers to the act of
3 developing or to the result of development. Reference to any specific act, activity, land use, or
4 operation is not intended to mean that the act, activity, land use, or operation
5 may,when part of another act, activity,land use, or operation, ,
6 is not "development". Particular Rreference to one or more We(s) or number(s) of land use,
7 act(s), activity(ies), or operation; opefa4ians is not intended to limit the generality of this
8 definition.
9
10 *****
11 G
12 *****
13 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol
14 and Paris Agreement, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
15 hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct
16 GHGEs are emissions from sources that are owned or controlled by the reporting entity such as
17 energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a
18 consequence of the activities of the reporting entity, but occur at sources owned or controlled by
19 another entity.
20
21 *****
22 L
23 *****
24 Landclearing means the clearing or removal of vegetation and, including significant disturbance
25 of vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes
26 development as the making of any material change in the appearance of any land.
27
28 *****
29 N
30 *****
31 Nonconforming Use means a land use which does not conform to a current provision or regulation
32 provided in the Comprehensive Plan and/or LDC.
33
34 Nonconforming Use, Lawful means a land use which does not conform to a current provision or
35 regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in
36 existence lawfully, prior to the effective date of the ordinance adopting the current provision or
37 regulation that rendered the land use nonconforming.
38
39 *****
40 R
41 *****
42
43 Redevelopment means the development of a site already developed. This includes but is not
44 limited to rehabilitation, improvement, and/or demolition and replacement of existing
45 development on a site
46
4106
2 S
3
4 Structure means anything constructed, installed or portable, movable or not movable, temporary
5 or permanent, which requires a location on a parcel of land.
6 ,
7 . The term also
8 includes but is not limited to, buildings,roads, walkways of impervious materials,paths, fences,
9 swimming pools, sport courts, poles, utility lines, signs, cisterns, sewage treatment plants, sheds,
10 docks, and other accessory construction.
11 *****
12 U
13 *****
14 Use means land use.
15 *****
16
17 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
18 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
19 County and such construction and interpretation shall be entitled to great weight in adversarial
20 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
21 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
22 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
23 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
24 enforced in favor of the Board of County Commissioners of Monroe County (`BOCC") to
25 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
26 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
27 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
28 appeal.
29
30 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
31 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
32 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
33 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
34 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
35 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
36 continue unimpaired in full force and effect.
37
38 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
39 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
40 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
41 repealed thereby.
42
43 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
44 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
45 and intent of the particular paragraph or text to which they refer.
4107
I Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
2 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
3
4 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of State of
5 Florida but shall not become effective until a notice is issued by the State Land Planning Agency
6 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
7 Statutes, upon final approved legal effectiveness therefrom.
8
9 Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment
10 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing
11 amendment may be renumbered to conform to the numbering in the Monroe County
12 Comprehensive Plan
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
15 Florida, at a regular meeting held on , 2023.
16
17 Mayor Craig Cates
18 Mayor Pro Tem Holly Merrill Raschein
19 Commissioner James K. Scholl
20 Commissioner Michelle Lincoln
21 Commissioner David Rice
22
23 BOARD OF COUNTY COMMISSIONERS
24 OF MONROE COUNTY, FLORIDA
25
26 By:
27 Mayor Craig Cates
28 (SEAL) MC7t ROE cO,.
29 ATTEST: KEVIN MADOK, CLERK APP erg TO FORM
30 .,
31 PETER hdtt RRI
32 AS DEPUTY CLERK ASSISTANT COUNTY AT `ORNF-Y
33 Cate: 6/6/23
4108
Comprehensive Plan Amendments
To Clarify Continued Application of CP to Development
BOCC Public Hearing
Item P.9
June 21 , 2023
The Monroe County Planning Department is proposing amendments to the Introduction
and Background, and Glossary, of the Monroe County Year 2030 Comprehensive Plan to:
• To Clarify the Continuing Application of the Monroe County 2030 Comprehensive
Plan To Development
• To Clarify the General and Defined Terms Sections
• To Clarify Construction of Conflicts with the Monroe County Code(s)
PROPOSED Comprehensive Plan TEXT AMENDMENTS
1.0 -INTRf11DU CT'ION ANTI BACKGROUND
c. Rules of Construction. In the construction.and interpretation of the language of this Monroe
County Comprehensive Flan, the rules set out in this section shall be observed unless such
construction would be plainly inconsistent with the manifest intent of the BOCC as expressed ina
the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 .and
F-S. Ch. 3880. The rules of constanuction and dehnition(s), and provision(s) .set out in this
Comprehensive Plan shall not be applied to any,section of`these:provisions or regulations that shall.
contain.any express provisions excluding,such construction or where the subjiect matter or context
of such section is plainly repugnant thereto..
(I) Purpose.In the interpretation and application of any provision of this Monroe County
Comprehensive Plan,the requirernrennts of this Comprehensive Plan shall be held to be.
the mmimum requirements adopted for the promotion of the public health_ safe
comfort convenience and general welfare_
(2) Applicability. Where any, definition(s) or pronsion(s) of this Monroe C:ountwr
Comprehensive Flan imposes greater restrictions upon a subject matter than another
definiticwn(s) or provision(s)imposed by this Comprehensive Plan,the definitions)or
pro47ision(s) imposing the .greater restriction or regulation shall be deemed to be.
controlling. Where anyr definition(s) or provision(s) of this Monroe Counttir
Comprehensi•47e Plan imposes greater restrictions upon a subject mattes than another
def`nnitican(s)or provision(s)imposed by the IMonroe County,Land Development.Code.
the Comprehensive Plan definition(s) or provisions) imposing,the greater restriction
or neguulation shall be deemed to be controlling.
(3) Generally-. The provisions of this Comprehensive Plan shall apply to the.
unincorporated areas of Monroe County. All deVelopment of arhate-er type or
character,including,but not limited to landcllearnng ands"'or the making of any material.
change in the appearance of any land,the clearing of land as an adjunct of construction,
construction. the carrying out Of any building activity, or the making of any material
change in the appearance of any. structure,shall complly with this Comprehensive Plan-
No development shall be undertaken without prior approval and issuance of a
development permit under the provisions of the Comprehenmve Plan and Land
Development Code_
GlossatT
Genei-al
If definitions sought are not within this section, the County shall utilize the adopted definitions of
its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these
documents, the County shall utilize the teen as commonly used.
Rules, of Construction. In the construction and interpretation of the language of this Monroe
County Comprehensive Plan Glossary, the rules set out in this section shall be observed unless
such construction would be plainly inconsistent with the manifest intent of the BOCC as expressed
in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
F.s. ch. 380. The rules of construction and definition(s) and provision(s) set out in this
Comprehensive Plan Glossary shall not be aRplied to any section of these provisions or regulations
that shall contain any express provisions sions excluding such construction or where the sub-ject matter
or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) o
this Comprehensive Plan Glossary imposes greater restrictions upon a subject inatter than another
definitionts')or provision(s) imposed by this Comprehensive Plan, the definition(s)or provision(s)
im.posing the greater restriction or regulation shall be, deemed to be controlling. Where auuy
definitionts')or provision() of this Monroe County Comprehensive Plan Glossary imposes greater
restrictions upon a subJect matter than another definitionf s)or provision(s)imposed by the Monroe
County Land Development Code, the Comprehensive Plan Glossary definition(s) or.provision(s)
iin.posing,the greater restriction or regulation shall be deemed to be controlli1w,
A
Abandoned means the voluntary discontinuation of a land use. When the property's land use of
.........................—
a prepef:Pf has ceased and the property has been vacant for 18 months, abandonment of the land
use will be presumed unless the owner can show that a, diligent effort has been made to sell, rent,
or we engage the property in a relevant fef-a legally perinissible land use. This excludes
temporary or short-term interruptions to a land use or aetivit,5 during periods of remodeling,
maintaining, or othenvise improving or rearranging a facility, or during normal periods of
vacation or seasonal closure.
B
Building means a structure that is located on land or water engaged in a land use or that can be
used for supporting or sheltering any land use or occupancy, and which an be used fOF housing;
business, comnieFci I a!, agFicultural, storage or office purposes, either temporarily or permanently.
C
Clearitig means landclearing.
Construction ineans the act of constnicting a structlire or building oil real property by combinin
or arranging one or,more structural or building systerns,components, parts, elernents, assemblies,
or sub-assemblies.
D
Develop?nent means the inaking of aEy material chance in the appearance of airy land includin
but not limited to landclearing and/or the clearing of land as an ad iunct of construction,the makin
of any material change in the use of any land, construction, the carryi I ng out of any building
activity, the making ofany material change in the appearance of any structure, the making of any
material chailge in the use. of any stricture, the dividing of land into three or more, parcels, or the
carrying out of am mining Operation, dh.e en'rimlian— out efany build ingae tivity OF m I im I ng Oper-atien,.1---
the inaking ofany mateFial change in the use,oF appearance ef any struetuFe eF land,at!the dividing
of land in4o three, or more paiFeels.
The following Activities A-I, uses shall be taken for the purposes of this Comprehensive Plan to
involve "development," as defined in this g,%q
a) Landclearing,
b) Clearing of land as, an ad junct of construction.
0 Construction.
a4 cf) A reconstruction, alteration of the size, or material change in the external appearance of
a stnicture oil land.
b4 ej 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 car material increase in the number of businesses, manufacturing
e stab I islunents, offices, o�r dwelling units in a structure or of land.
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or Canal, including
any"coastal constraiction" as defined in Section 161.02 1, F.S.
d4 y� Conlinencement of drilling, except to obtain soil sarriples, mining, or excavation on a
parcel of land.
e-')h) Demolition of a structure.
f� G le ming A-f 11-a-ad as A--R-aE�une t E)f e E)ns wu e tioll.
g4 i) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following or tilge!S1 shall riotbe taken f6r the purpose,of this Comprehensive Plan to
involve "developsn"it" as, defitied tri, this rcilossary,
,a)Work by a highway or road agency of rwlroad company f6r the maintettance,or ainprovement
of a road or rallroad track, ifthe work As carried,out on land within theboiin&iries of the right-
of-way.
b)i or by any utility and offier persons engaged in the distribution or transinission of gas,
electric.Ay, orwater, for the purpose of insplectnig', repairing,, renewing on established rights-
of way or corridors,' or constnicting one estabhushed rig let s-of- or to-he-established r1gbts-
Of-way or corridors, any sewers' Mains,, pipes, cables, uldity twInels, power lines, rowers,
pol-s, thaw ks, of the Ue. Tins provissou conveys no property nit ffest and does trot eliminate
any applicable notice, requiref ran,erant, to affected latid ownei7s,
or for the rnarntenarice,, rerlewal,, unprovernient, air alteratton of any stnicture, if the work
affects otlytht! M' ten'or or the, color of the ,trap term win. tine delcoration oaf`the exterior ofthe
stnicture,
(1) The use of any structur r land devoted to, dwellifig xi-,es for any piul')ose custornarily
incil&nual to eqjoyrneut of the dwellIfIg.
e) A land use The ttte of ti-ny land fair tire purpose of growing planits, crops, trees, and otin
---------------
ag cu 1 11' ri pr lti ail, or for pi-odncts- raising lrvesfock� or for other aF ctiltural ptirposle,,s,
t), A change 1-11 ww of tarid or sinictme fioul an Ilse widurta category specified III a.11 ordinance
or male tin another use in tire same categor y-
g), A change in the owners'lli cyr fim-ni of ownership of any parcel or stnicturie,
h) The creation or terintriation, of rights of access,, riparian, rights,, easenie not s,, distri femme on and
tra team mission corridors, covenanisconcernitig developluent of laxid.,, or,other rights In land
includes, all other &NTelopment citstomaxily associated, with, it unless,
othet-wise specified. When appropriate to 'the context, "devellopment" refers to the act of
developing or to the,resul't of development- Refel-ence t norm specific ,ac..o
operation is, not inlen&A to mean that the acl, activity, land us'e, ojqperati.on ape"Iten of
ac4,wity,when paw of anotheract, activity, land use, or operation.,
is not -near elopment" Pwticular Rig-eference to One Or,More type(s), of number(s) of land use,
is not intended to limit the generahty of
i.e. J
defilixtion,
G
Greenliouse Gas Enussions (GHGES) meaus tin ose enll'ssllons regulated'under the, Kyoto Protocol
and Paris Aaggnent,, includingl- carbon di,ox,ide (CO2), methane (CI14), nitrous oxide (N20),
hydroffitorocarbons (HFCs), perfluoro cat bom (PF'Cs), and sulftit hexafluoride (SH), Direct
GHGEs are emissions from sources that me owned or controlled by the repot-fing entity such as
energy, use for die electricity generation, bytiblities. Indirect GHGEs a,re en'Llissions that are a
consequence of the activities of the rep ortilig entity, but-occur al sources owned or controlled by
another entity.
L
Lan girl earing means the clemiig of removal of'vegetation, and, including significam distitebance
of vegetation or, substrate (soil) inatuptilation- Landclearing is not a land use and constiftites
developmentas, the making of ativ material, chmmge in the appear mice ofmnyland.
NIOP'aColff Pw U liy�g" se'Mean w s a land use, h o ich de ro
ot ot c a onfonn to current provislan�or regulation
o
prov lug edin the Comprehensive P Ian andi air,LDS,
Nappcop,pfor?ning Use, Laisfid means a Iguid tise which does not conform to a, current 1)rovision or
regulation provided m the ComprehensiVe Pbri and/or LDC, btiit was, peruwted, or otbenvise in
existence lawfijllym Prial tothe effective date ofthe. ordinance adopting the current provision ot
regulatimi that rende,,red the,jandtise nonconforming.
R
Redevel9pwariest means the de wish�Tment of as site already developfd. 'leas includes but is not
linilled, to,rehabilitation, imProveine rat., and/or deniolition,a,nd,replaceirient of existing
development on a site
S
air
SPIUCtUl 0 111re'11,11S all 4,hw gconstnicte d, nistall or port-able, movable or rank;:inovable" teMPOVU)"
or p man en! which requires, a location onaparcel ail'lean "he im- 4-4.'�-h'
on a Pb tnewvablle- 141 ilding !hat 'EXIII-10e vi-sed �F ing -iines"s,hekis bus
Rfww4-1141-41'val A*effir-e rufpe ge-S, ef4ier- tempor-af ily of pe+ii&anea;iyIj The ten,11 also
includes but is,not hinited to, buddings, roads, walkways of impervious inaterials, paths, fences,
swin.miing pools., sporl couils, ' le,s, witility lines, signs, cisterns,.., sewage,treatment plants, dieds,
docks,, and other access,ory constnichon.
U,
Use means, land use.
Staff recommends APPROVAL