Item P14 P14
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: P14
2023-1139
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
AGENDA ITEM WORDING: An Ordinance By The Monroe County Board Of County
Commissioners Adopting Amendments To Monroe County Land Development Code Section 134-2
Amending The Home Occupation Special Use Permit Requirements To Be Consistent With Chapter
2021-202, Laws Of Florida, Sections 102-54-56, To Clarify The Continuing Purpose, Registration, And
Requirements Of Nonconforming Uses/Structures, Sections 101-1-2, To Clarify Continuing
Definitions, Rules Of Construction, Purpose, And Applicability, Section 102-185, To Clarify Appeals,
Section 114-1, To Clarify The Continuing Application Of Development Standards To Development,
Section 118-4, To Clarify The Continuing Application Of Environmental Protection Regulations To
Development, Section 130-1, To Clarify The Continuing Application Of Land Use District
Requirements To Development; Providing For Severability; Providing For Repeal Of Conflicting
Provisions; Providing For Transmittal To The State Land Planning Agency And The Secretary Of State;
Providing For Amendment To And Incorporation In The Monroe County Land Development Code;
Providing For An Effective Date.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing an amendment to
Monroe County Land Development Code Section 134-2 amending the Home Occupation Special Use
Permit requirements to be consistent with Chapter 2021-202, Laws of Florida.
The amendment also includes changes to Sections 102-54-56, to clarify the continuing purpose,
registration, and requirements of nonconforming uses/structures, Sections 101-1-2, to clarify continuing
definitions, rules of construction,purpose, and applicability, Section 102-185 to clarify appeals, Section
114-1, to clarify the continuing application of development standards to development, Section 118-4, to
clarify the continuing application of environmental protection regulations to development, and Section
130-1, to clarify the continuing application of land use district requirements to development.
In 2021, the Florida Legislature adopted House Bill 403 (Ch. 2021-202, Laws of Florida), creating
Section 559.955, F.S;prohibiting local governments from taking certain actions relating to the licensure
and regulation of home-based businesses; specifying conditions under which a business is considered a
home-based business; defining the term"heavy equipment"; authorizing home-based businesses to
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operate in areas zoned for residential use; specifying that home-based businesses are subject to certain
business taxes; providing that certain existing and future residential association declarations and
documents are not superseded by the act; providing that certain local laws, ordinances, or regulations
are not superseded. This law was approved by the Governor June 29, 2021 and became effective on July
1, 2021. The Planning and Environmental Resources Department recommends amending Section 134-2
to incorporate the changes made in state law and clarify existing language.
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b)(3), a Community Meeting was held on February 7, 2023
via Communications Media Technology (CMT) to provide for public input.
Development Review Committee and Public Input
The Development Review Committee considered the proposed amendment at a regular meeting on
March 28, 2023, and received public input.
Planning Commission and Public Input
The Planning Commission considered the proposed amendment at a regular meeting on May 24, 2023
and recommended approval including staff requested edits.
The proposed amendment language is attached in the Ordinance.
The proposed amendment is consistent with one or more of the required provisions of LDC Section
102-15 8(d)(7)(b):
1. Changed projections (e.g.,regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g.,regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A
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4. New issues;
Florida Legislature adopted House Bill 403 (Ch. 2021-202, Laws of Florida), creating Section 559.955,
ES;prohibiting local governments from taking certain actions relating to the licensure and regulation of
home-based businesses; specifying conditions under which a business is considered a home-based
business; and authorizing home-based businesses to operate in areas zoned for residential use. This law
was approved by the Governor June 29, 2021 and became effective on July 1, 2021.
5. Recognition of a need for additional detail or comprehensiveness; or
Staff is requesting amendments to sections of code to clarify existing regulations by providing
additional detail.
6. Data updates;
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a livable communikeys master plan pursuant to findings of the board of county
commissioners.
The proposed text amendment is not anticipated to result in an adverse community change.
The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe County
2030 Comprehensive Plan and the Principles for Guiding Development for the Florida Keys Area,
Section 380.0552(7), Florida Statutes, and with Part 11 of Chapter 163, Florida Statute (F.S.). .
Full background and analysis can be found in the attached staff report.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
n/a
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STAFF RECOMMENDATION: Staff recommends APPROVAL of the proposed ordinance.
DOCUMENTATION:
2021-115 Home Occ LDC - BOCC 06-21-23 - Exhibit 1 to Staff Report.pdf
2021-115 Home Occupation - LDC- HB 403 - Exhibit 2 to staff report.pdf
2021-115 Ordinance.pdf
2021-115 BOCC SR 06.21.23.pdf
FINANCIAL IMPACT:
n/a
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1 Staff Report Exhibit 1.
2
3 PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
Proposed Amendment(deletions are in strike thfattgh; additions are shown in underline).
Sec. 101-1. Definitions.
s Abandoned means the voluntary discontinuation of a land use. When a property's land use the tse
9 has ceased and the property has been vacant for 18 months, abandonment of said use
10 of us will be presumed unless the owner can show that a diligent effort has been made to sell,
11 rent, or engage the property in a relevant tfse the ,..,.,,pe fty f ^ legally permissible land use. This
12 excludes temporary or short-term interruptions to a land use of aefivit during periods of
13 remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
19 periods of vacation or seasonal closure.
16 Agricultural land use means an agriculture land use., agfi�,,,.� ettitur-e, f4enetilvdr�
17 „d ffiafie >
and any
10 t;3 fms o fi ff ., "ets and ��...,, pe „etie
20 Building means a structure that is located on land or water engaged in a land use or that can be
21 used for supporting or sheltering any land use or occupancX and whieh ean be tised fef hottsing,
22 business, eeffiffiefeial, ,
25 Building permit means a development permit lawfully issued pursuant to this Land Development
26 Code, the Monroe County Comprehensive Plan, Chapter 6 of the Code of Ordinances and/or the
729 Florida Building Code.
29 Clearing means landclearing. t4e eleafing of land, ' ' ,
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32
33 Construction means the act of constructing a structure or building on real property by combining
34 or arranging one or more structural or building systems, components, parts, elements, assemblies,
JR or sub-assemblies.
37 Developed area means an area where development has occurred. This includes, but is not limited
38 to, sig*if4ea-n site improvements; such as utility installations, paving, and/or the construction of
1$ one or more structures, ha-ve ,.,.,.,,.- e
41 Development means the making of any material change in the appearance of any land including
42 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making
43 of any material change in the use of any land, construction, the carrying out of any building
44 activity, the making of any material change in the appearance of any structure, the making of any
45 material change in the use of any structure, the carr out of any mining operation, eaff wg-et4
46 ,
19 st..,,,.tufe ei ' r,a of,1,,to f, or the subdividing of land into two or more parcels.
49 (1) Except as provided in subsection (3) of this definition, for the purposes of this chapter, the
50 following a etivitiesar-„ses shall be taken to involve "development":
a. Landclearing.
55 b. Clearing of land as an adjunct of construction.
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I c. Construction.
3 ff7 d. A reconstruction, alteration of the size, or material change in the external appearance of a
9 structure on land or water;
6 b-. e. A change in the intensity of use of land, such as an increase in the number of dwelling units
7 in a structure or on land or a material increase in the number of businesses, manufacturing
0 establishments, offices or dwelling units in a structure or on land;
10 e-. £ Alteration of a shore or bank of a seacoast, lake,pond or canal, including any work or activity
11 which is likely to have a material physical effect on existing coastal conditions or natural shore
H and inlet processes;
14 4-. g_ Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel
Ib5 of land;
19 e-. h. Demolition of a structure;
19
20 11 ,
2
22 the &Et€n�
JJ g-. i. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
25 (2)"Development,"includes all other development customarily associated with it unless otherwise
26 specified. "ifteltides all athef aetivity etisteffiafily asseeia4ed with it. When
27 appropriate to the context, "development" refers to the act of developing or to the result of
28 development. Reference to any specific act, activity,land use, or operation is not intended to mean
29 that the act, activity, land use, or operation-of-�, when part of another act, activity, land use,
30 or operation, , is not "development". Particular Rreference to one or
31 more type(s) or number(s) of land use, act(s), activity(ies), or operation paffieulaf opefafiens is not
H intended to limit the generality of this definition.
34 (3) For the purpose of this chapter, the following shall not be taken to involve
N "development":
37 a. Work involving the maintenance, renewal, improvement or alteration of any structure, if the
38 work affects only the color or decoration of the exterior of the structure or interior alterations that
13 do not change the use for which the structure was constructed;
41 b. Work involving the maintenance of existing landscaped areas and existing rights-of-way such
42 as yards and other nonnatural planting areas;
43 c. A change in use of land or structure from a use within a specified category of use to another use
44 in the same category unless the change involves a change from a use permitted as of right to one
Ib5 permitted as a minor or major conditional use or from a minor to a major conditional use;
19 d. A change in the ownership or form of ownership of any parcel or structure;
49 e. The creation or termination of rights of access, riparian rights, easements, covenants concerning
55Y development of land, or other rights in land unless otherwise specifically required by law; or
52 £ The clearing of survey cuts or other paths of less than four feet in width and the mowing of
53 vacant lots in improved subdivisions and areas that have been continuously maintained in a mowed
54 state prior to the effective date of the plan,the trimming of trees and shrubs and gardening in areas
55 of developed parcels that are not required open space and the maintenance of public rights-of-way
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1 and private accessways existing on the effective date of the ordinance from which this chapter is
?3 derived or approved private rights-of-way.
4 (4)The term"development"also means the tourist housing use or vacation rental use of a dwelling
5 unit, or a change to such a use (i.e., conversion of existing dwelling units to vacation rental use).
6 Vacation rental use of a dwelling unit requires building permits, inspections and a certificate of
occupancy.
9 Expansion of nonconforming use means extending a nonconforming land use to occupy a greater
IY amount of area beyond that which it occupied on the date the land use became nonconforming.
12 Landclearing means the clearing or removal of vegetation and including_signifrcant disturbance of
13 vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes
19 development as the making of any material change in the appearance of any land.
16 Local planning agency shall mean the agency designated to prepare and review the comprehensive
17 plan and comprehensive plan amendments and for making recommendations regarding the
18 adoption or amendment of such plan,for the review of proposed land development regulations and
19 amendments thereto and for malting recommendations regarding the adoption or amendment of
20 such land development regulations, and for monitoring and overseeing the effectiveness and status
21 of the Comprehensive Plan and for making recommendations for such changes in the
22 Comprehensive Plan as may from time to time be required, includingthe periodic evaluation and
23 appraisal of the Comprehensive Plan as required by s. 163.3191. In the County, the Planning
24 Commission shall be the designated local planning agency, and the local planning agency shall
25 serve as the local planning gency and land development regulation commission.
276 ,
59
29 Nonconforming structure, lawful means a structure which does not conform to a current provision
30 or regulation provided in the Comprehensive Plan and/or this LDC, but received lawful permit
31 approval materially relevant to the structure in question3A,as po,.",:tt or otherwise lawfully
32 established in , prior to the effective date of the ordinance adopting the current
jj provision or regulation that rendered the structure nonconforming.
35 Nonconforming use means a land use which does not conform to a current provision or regulation
19 provided in the Comprehensive Plan and/or LDC.
38 Nonconforming use, lawful means a land use which does not conform to a current provision or
39 regulation provided in the Comprehensive Plan and/or LDC, but received lawful permit approval
40 materially relevant to the land use in question, or otherwise lawfully established in
41 & ' , prior to the effective date of the ordinance adopting the current provision or
H regulation that rendered the use nonconforming.
44 Redevelopment means the development of a site already developed. This includes but is not limited
45 to rehabilitation, improvement, and/or demolition and replacement of existing development on a
ig site.
48 Site plan means information submitted by an applicant that shall identify all development
9$ ^yes, including principal and accessory uses within the property boundaries.
51 Structure means anything constructed, installed or portable, movable or not movable, temporary
52 or permanent, which requires a location on a parcel of land. the „se of..,hie i fes a loea4io
53 en a pafeel of land. The term includes, but is not limited to, buildings, roads, walkways of
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1 impervious materials,paths,fences, swimming pools, sport courts,poles,transmission lines, signs,
?3 cisterns, sewage treatment plants, sheds, docks, and other accessory construction.
4 Unlawful structure means a structure that is not a lawfully established structure ffs allowed by the
b5 LDC and Comprehensive Plan at the time the structure was developed.
7 Use means land use.
8
9 Sec. 101-2.- Rules of Construction.
10
11 In the construction of the language of this Land Development Code, the rules set out in this section
12 shall be observed unless such construction would be 1p ainlX inconsistent with the manifest intent
13 of the BOCC as expressed in the Monroe County Comprehensive Plan or Land Development Code,
14 or an element, part, or section thereof, adopted pursuant to F.S. Ch. 163 and F.S. Ch. 380. The
15 rules of construction and definitions set out herein shall not be applied to any section of these
16 provisions or regulations that shall contain any express provisions excluding such construction, or
17 where the subject matter or context of such section is lap in1X repugnant thereto.
18 (1) Generally.
19 b. In the interpretation and application of any provision of this Land Development Code, it shall
20 be held to be the minimum requirement adopted for the promotion of the public health, safety,
21 comfort, convenience and general welfare. Where any definition(s) or provisioner of this Land
22 Development Code imposes greater restrictions upon the a subject matter than
23 iffiVesed by this another definition(s) or provisiono imposed by this Land Development Code
24 the definition(s) or provisioner imposing the greater restriction or regulation shall be deemed to
25 be controlling.
26
27 Sec. 102-54.- Purpose.
28
29 The purpose of this article is to regulate and limit the continued existence of land uses and
30 structures established prior to the date of the enactment of the original ordinance from which this
31 Land Development Code is derived(September 15, 1986) and/or prior to the date of the enactment
32 of a subsequent ordinance amending a land development regulation within this Land Development
33 Code that do not or no longer conform to the provisions of this Land Development Code.
34 Nonconformities may continue,but the provisions of this article are designed to curtail substantial
35 investment in nonconformities and to bring about their eventual elimination in order to preserve
36 the integrity of this Land Development Code.
37
38 Sec. 102-55.- Registration.
39
40 (a)All known,lawful nonconforming land uses and structures may be registered with the Planning
41 and Environmental Resources Department. In the course of its duties related to development
42 review, staff of the department shall identify and recognize nonconforming land uses and
43 structures. Property owners may also independently apply to the department for such
44 determinations.
45 (b) The Planning Director, or his or her assigned designee, shall review available documents to
46 determine if a body of evidence exists supporting the lawful establishment of a land use or structure
47 prior to the change in regulation that deemed the land use or structure nonconforming. Any issued
48 Monroe County building permit(s) for the original lawful establishment or lawful construction of
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1 the land use or structure, confirming its approval and existence prior to the change in regulation
2 that deemed the land use or structure nonconforming, can stand as the only piece of evidence. If
3 there are no such building permit(s) available, additional evidence shall be documented and
4 submitted to the Planning Director on a form provided by the Planning and Environmental
5 Resources Department and shall include, at a minimum, at least two of the following documents:
6
7 (1) Any other issued Monroe County building permit(s) approving or supporting the existence of
8 the structure(s) and/or use;
9 (2)Documentation from the Monroe County Property Appraiser's Office supporting the existence
10 of the structure(s) and/or use;
11 (3) Aerial photographs and original dated photographs showing the structure or land use existed
12 on site;
13 (4) State and/or county licenses, supporting the existence of the structure(s) and/or land use;
14 (5) Documentation from the utility providers indicating the type of service (residential or
15 commercial) provided; and
16 (6) Similar supporting documentation not listed above as determined suitable by the Planning
17 Director.
18
19 (c) Once discovered and determined to be lawful, the Planning Director, or his or her designee,
20 shall add recognized lawful nonconforming land uses and structures to an official registry.
21
22 Sec. 102-56.- Nonconforming Uses.
23
24 (a) Authority to continue. Nonconforming ttses of lan land uses or structures may continue in
25 accordance with the provisions of this section. Notwithstanding any provision of this section or of
26 this Land Development Code and/or the Comprehensive Plan:
27
28 (1) Leases, subleases, assignments or other occupancy agreements for compensation for less than
29 28 days in duration shall be discontinued and shall not be renewed, extended or entered into, in
3o any district that prohibits vacation rental uses after the effective date of the original ordinance from
31 which this section is derived (September 15, 1986) unless a vacation rental use was established
32 and obtained all required state and local permits and licenses prior to September 15, 1986, under
33 previous Monroe County Code provisions expressly allowing vacation rental uses; and
34
35 (2) Nonconforming nonresidential uses in OS, NA, SS, SR, SR-L, IS, IS-D, URM, and UR land
36 use districts, which lawfully existed on January 4, 1996, may develop, redevelop, reestablish
37 and/or substantially improve, provided that the use is limited in intensity, floor area, and to the
38 type of use that existed on January 4, 1996 and is registered in accordance with section 102-55.
39
40 (b) Ordinary repair and maintenance.Normal maintenance and repair to permit continuation of
41 nonconforming land uses registered in accordance with section 102-55 may be performed.
42
43 (c) Expansions. Nonconforming land uses shall not be expanded. This prohibition shall be
44 construed so as to prevent:
45
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1 (1) Enlargement of nonconforming land uses by additions to the structure in which such
2 nonconforming land uses are located; or
3
4 (2) Occupancy of additional lands; however, accessory uses associated with a lawful
5 nonconforming principal use may be permitted if in compliance with all other provisions of the
6 LDC.
7
s (d) Relocation. A structure in which a nonconforming land use is located shall not be moved
9 unless the land use thereafter conforms to the provisions of the future land use category and the
10 land use (zoning) district into which it is relocated.
11
12 (e) Change in use. A nonconforming land use shall not be changed to any other land use unless
13 the new land use conforms to the provisions of the future land use category and the land use
14 (zoning) district in which it is located.
15
16 (f) Termination.
17
18 (1)Abandonment or discontinuance. Where a nonconforming land use or structure is
19 voluntarily discontinued or abandoned, as defined in Section 101-1, for eighteen(18) consecutive
20 months, then such use may not be reestablished or resumed and any subsequent use must conform
21 to the provisions of this Land Development Code and the Comprehensive Plan. Leases, subleases,
22 assignment or other occupancy agreement for compensation for less than 28 days in duration shall
23 be discontinued and shall not be renewed, extended or entered into, in any district that prohibits
24 vacation rental use after the effective date of the original ordinance from which this section is
25 derived (September 15, 1986).
26
27 (2) Damage or destruction. Except as provided in Section 102-56(f)(3) and (4), if a structure in
28 which a nonconforming land use is located is damaged or destroyed so as to require substantial
29 improvement,then the structure may be repaired or restored only for land uses that conform to the
30 provisions of the land use (zoning) district in which it is located. Fair market value shall be
31 determined by reference to the official tax assessment rolls for that year or by an appraisal by a
32 qualified independent appraiser. The extent of damage or destruction shall be determined by the
33 building official, in consultation with the Planning Director, by comparing the estimated cost of
34 repairs or restoration with the fair market value(such damage or destruction may be voluntarily or
35 due to natural phenomena whose effects could not be prevented by the exercise of reasonable care
36 and foresight).
37
38 (3) Damage and destruction of nonconforming land uses in commercial fishing districts (CFA,
39 CFV and CFSD) and Community Center Overlay Districts (CC). In the CFA, CFV, and CFSD
40 land use (zoning) districts and the CC overlay districts identified in Section 130-132 through
41 Section 130-140,nonconforming land uses lawfully established was of September 15, 1986,
42 may be rebuilt even if 100 percent destroyed, provided that they are rebuilt to preexisting use,
43 building footprint and configuration without increase in density or intensity of use identified in
44 Section 130-157 and registered in accordance with section 102-55. Development shall be brought
45 into compliance to the maximum extent practicable, as determined by the Planning Director.
46
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1 (4) Damage and destruction of water-dependent and water-related commercial nonconforming
2 uses. Lawfully established water-dependent and water-related commercial uses which are
3 identified as a source of economic sustainability within a Livable CommuniKeys Plan may be
4 permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting
5 use and registered in accordance with section 102-55. Development shall be brought into
6 compliance to the maximum extent practicable, as determined by the Planning Director.
7
8 (5)Amortization. Any nonconforming land use may be subject to compulsory termination when it
9 is found detrimental to the conservation of the value of surrounding land and improvements, and
10 therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory
11 termination of a nonconforming land use, the BOCC will establish a definite and reasonable
12 amortization period during which the nonconforming land use may continue while the investment
13 value decrement resulting from termination is amortized. Determination of the amount to be
14 amortized shall be based on the value and condition of the land and improvements for the
15 nonconforming land use less their value and condition for a conforming land use, and such other
16 reasonable costs as the termination may cause. The rate of amortization shall be in accordance with
reasonable economic practice.
Sec. 102-185. Appeals.
21 (a) Authority. The Planning Commission shall have the authority to hear and decide appeals from
22 any decision, determination or interpretation by any administrative official with respect to the
23 provisions of this Land Development Code or Comprehensive Plan and the standards and
24 procedures hereinafter set forth, except for appeals from actions by the Historic Preservation
25 Commission and appeals from administrative actions regarding the floodplain management
26 provisions of this Land Development Code. Appeals from actions by the Historic Preservation
27 Commission shall be heard by the Division of Administrative Hearings (DOAH), pursuant to
28 Section 135-9. Appeals from administrative actions regarding the floodplain management
B provisions of this Land Development Code shall be heard by DOAH,pursuant to Section 122-9.
31 (b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
32 aggrieved or adversely affected person, as defined by F.S. Section 163.3215(2), or any resident or
33 real property owner from any order, decision,determination or interpretation by any administrative
34 official with respect to the provisions of this Land Development Code or with respect to the
19 provisions of the Comprehensive Plan.
37 (c) Procedures. A notice of appeal in the form prescribed by the Planning Director must be filed
38 with the County Administrator and with the office or department rendering the decision,
39 determination or interpretation within 30 calendar days of the decision. Failure to file such appeal
40 shall constitute a waiver of any rights under this Land Development Code and Comprehensive
41 Plan to appeal any decision, interpretation or determination made by an administrative official.
42 Such notice shall be accompanied by the names and addresses of the owner, applicant, property
43 owner, and adjacent property owners. The filing of such notice of appeal will require the
44 administrative official whose decision is appealed to forward to the Planning Commission any and
45 all records concerning the subject matter of the appeal and to send written notice of the appeal to
46 the owner, applicant, property owner, and adjacent property owners, if different from the person
47 filing the appeal, within 15 calendar days of receipt of the notice of appeal.
48
49 Sec. 114-1.- Standards.
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1
2 No structure or land shall be developed,used,or occupied except in accordance with the standards
3 of this chapter and other applicable standards of this Land Development Code,the Comprehensive
4 Plan, and the Florida Building Code, nor shall any building permit be issued unless the proposed
5 use is or will be served by adequate public or private facilities.
6
7 Sec. 118-4.- Wetland Open Space Requirements.
s
9 Except as provided for in this chapter, no development, or development-related activity(ies),
10 development ,,etivitie is/are permitted in submerged lands, mangroves, salt ponds, freshwater
11 wetlands, freshwater ponds, or in undisturbed salt marsh and buttonwood wetlands;the open space
12 requirement is 100 percent.
13
14 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
15 undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights
16 away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall not
17 be assigned any density or intensity.
18
19 Sec. 130-1.- Purpose.
20
21 Except as provided for in this chapter, no development, or development-related activity(ies),
22 is/are permitted in submerged lands, mangroves, salt ponds, freshwater
23 wetlands, freshwater ponds, or in undisturbed salt marsh and buttonwood wetlands;the open space
24 requirement is 100 percent.
25
26 Sec. 134-2. Home Occupation Special Use Permit and Statutory Home-based Businesses.
27 (a) Applicability.
28 (11) Home ,,,.eup tiofl A special use permits is required to establish a home occupation
29 be any land use(zoning)district in which residential use is allowed,including
30 nonconforming residential uses where such uses were otherwise lawfully established.
31 (2) However, statutory home-based businesses are exempt from the requirements of this
32 section and are subject only to the requirements of applicable state statutory requirements.
33 Home occupation means a business, profession, occupation or trade operated from and/or
34 conducted within a residential dwelling unit(or within an accessory structure thereto)for gain
35 or support by a resident of the dwelling unit. For the purposes of this section, home
36 occupations include mobile businesses that are based or operated from a residence or
37 residential property.
38 Statutory home-based business means a business that operates, in whole or in part, from a
39 residential property and meets the following criteria:
40 LI) The employees of the business who work at the residential dwelling must also reside in
41 the residential dwelling, except that up to a total of two employees or independent
42 contractors who do not reside at the residential dwelling may work at the business. The
43 business may have additional remote employees that do not work at the residential
44 dwelling.
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1 Q Parking related to the business activities of the home-based business complies with local
2 zoning_requirements and the need for parking_generated by the business may not be
3 greater in volume than would normally be expected at a similar residence where no
4 business is conducted. Local governments may regulate the use of vehicles or trailers
5 operated or parked at the business or on a street right-of-way, provided that such
6 regulations are not more stringent than those for a residence where no business is
7 conducted. Vehicles and trailers used in connection with the business must be parked in
8 legal parking spaces that are not located within the right-of-way, on or over a sidewalk,
9 or on anyproved surfaces at the residence. Local governments may regulate the
10 parking or storage of heavy equipment at the business which is visible from the street or
11 neighboring property. For purposes of this paragraph, the term "heavy equipment"
12 means commercial, industrial, or agricultural vehicles, equipment, or machinery.
13 (3) As viewed from the street, the use of the residential property is consistent with the uses
14 of the residential areas that surround the property. External modifications made to a
15 residential dwelling to accommodate a home-based business must conform to the
16 residential character and architectural aesthetics of the neighborhood. The home-based
17 business may not conduct retail transactions at a structure other than the residential
18 dwelling; however, incidental business uses and activities may be conducted at the
19 residential property.
20 L4) The activities of the home-based business are secondary to the property's use as a
21 residential dwelling.
22 k5l The business activities comply with any relevant local or state regulations with respect
23 to signage and equipment or processes that create noise, vibration, heat, smoke, dust,
24 glare, fumes, or noxious odors.Any local regulations on a business with respect to noise,
25 vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent
26 than those that apply to a residence where no business is conducted.
27 (6) All business activities comply with any relevant local, state, and federal regulations with
28 respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous
29 or flammable materials or liquids. Any local regulations on a business with respect to
30 the use, storage, or disposal of any corrosive, combustible, or other hazardous or
31 flammable materials or liquids may not be more stringent than those that apply to a
32 residence where no business is conducted.
33
34 (b) Applications.Applications for home occupation special use permits shall be submitted to the
35 Planning Director on forms provided by the Planning Director. The application shall include
36 a properly executed affidavit and agreement from the applicant attesting to and agreeing to
37 compliance with the standards and requirements for home occupations as outlined in this
38 section.
39 (c) Authority. The Planning Director is authorized to approve and otherwise administer home
40 occupation special use permits as specifically set forth in this section.
41 (d) Review by the Planning Director. Within 15 working days of receiving a complete
42 application, the Planning Director shall determine whether the proposed home occupation is
43 consistent with the following standards and requirements:
44 (1) The home occupation is incidental and secondary to the principal residential use of
45 the residential dwelling unit;
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1 (2) The home occupation does not change the essential residential character of the
2 principal residential use;
3 (3) Not more than one person who is a nonresident of the residential dwelling unit is
4 directly or indirectly employed by or for the home occupation;
5 (4) The home occupation use does not occupy more than 20 percent of the total floor
6 area of the residential dwelling unit and, if the home occupation use utilizes an
7 accessory structure(s), it does not occupy more than 20 percent of the total covered
8 and enclosed residential floor area on the property;
9 (5) The home occupation does not involve any retail sales or service that necessitates or
to requires customers to visit the residential dwelling unit or the property, nor does the
11 physical address of the residence appear on any advertising materials including
12 stationary and business cards;
13 (6) Activities associated with the home occupation are not visible from any other
14 residential dwelling unit. If the home occupation utilizes an accessory structure, the
15 structure is covered and enclosed;
16 (7) No sign advertising the home occupation is displayed on the premises;
17 (8) The home occupation does not involve outdoor storage, including but not limited to
18 any equipment or materials;
19 (9) The home occupation does not involve the use of mechanical, electrical or other
20 equipment that produces noise, electrical or magnetic interference, vibration, heat,
21 glare, or other nuisance outside the residential dwelling unit or accessory structure in
22 which the home occupation occurs;
23 (10)The home occupation does not increase the average daily automobile trips generated
24 by the residence in which the home occupation is located;
25 (11)Upon issuance of a permit, the applicant must immediately apply for any required
26 license(s)and/or business tax for the home occupation where otherwise required, and
27 continuously maintain such required license(s) and/or business tax for the duration
28 of the issued permit;
29 (12)The home occupation does not store or dispose of any solid waste at the occupation
30 address which was not generated at the occupation address; and
31 (13)The home occupation has obtained a commercial collection service agreement if the
32 business creates or generates any solid waste at a location other than the home
33 occupation address.
34 (e) Public notification of pending approval. The Planning Director, after determining that an
35 application for a home occupation special use permit is in compliance with the requirements
36 of this section, shall give notice of the pending approval as follows:
37 (1) The Planning Director shall provide written notice by regular mail to owners of real
38 property located within 300 feet of the property that is the subject of the proposed
39 home occupation;
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1 (2) The applicant shall post the property of the proposed home occupation with a
2 waterproof sign(s) provided by the Planning and Environmental Resources
3 Department which is so located that the notice(s) shall be easily visible from all
4 public streets and public ways abutting the property. The property shall remain
5 posted for no less than 30 calendar days beginning within two weeks of the mailing
6 date of the written notice required by subsection(e)(1); and
7 (3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
s description of the proposed home occupation and indicate where the public may
9 examine the application. The cost of providing this notice shall be borne by the
10 applicant.
11 (f) Decision by the Planning Director.After 30 calendar days of posting the property and upon
12 a finding that the proposed home occupation complies with all of the requirements of this
13 section, the Planning Director shall issue a home occupation special use permit, with or
14 without conditions. The permit and the affidavit attesting to compliance with the above
15 requirements shall be filed with the clerk of the court and recorded in the official records of
16 the county. The permit shall authorize only the current resident(s) of the dwelling unit for the
17 particular home occupation proposed and shall not be transferable to another location or to
18 another person or entity. Such current resident(s) who have obtained a home occupation
19 special use permit shall immediately notify the Planning Director in writing, by U.S. Postal
20 Service certified mail return receipt requested,when such permitted home occupation special
21 use has been abandoned, discontinued, or otherwise ceased.
22 (g) Public hearing on an application for a home occupation special use permit. If requested
23 in writing to the Planning Director by the applicant, or an adversely affected owner or resident
24 of real property located in the county, during the required 30 calendar days of the posting, a
25 public hearing date shall be scheduled on the application for a home occupation special use
26 permit. All costs related to the public hearing shall be the responsibility of the applicant. The
27 public hearing shall be conducted by the Planning Commission in accordance with the
28 provisions of Section 110-6.
29 (h) Expiration. A permit issued pursuant to this section shall not be transferable and shall
30 automatically expire upon the sale of or transfer of an interest in the permitted dwelling unit.
31 If permitted applicant intends to remain at the permitted dwelling unit and lawfully continue
32 the authorized special use after such sale or transfer of interest(s), the permitted applicant
33 shall notify,by notarized affidavit,the planning director,by U.S.Postal Service certified mail
34 return receipt requested, of his/her intent to lawfully continue the originally permitted home
35 occupation special use. Such notification must be received by the planning director at least
36 thirty(30) days prior to such sale or transfer of interest(s).
37 (i) Revocation. The Planning Director shall have the authority to initiate actions to revoke home
38 occupation special use permits and all such actions shall require a public hearing to be
39 conducted before the Planning Commission in accordance with Section 102-20. The Planning
40 Commission shall have the authority to revoke any home occupation special use permit where
41 there is competent and substantial evidence to establish any of the following:
42 (1) That an application for home occupation special use approval contains knowingly
43 false or misleading information;
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1 (2) A violation by the holder of a home occupation special use permit of any provision
2 of this section;
3 (3) A violation of any condition of the home occupation special use permit imposed
4 pursuant to this section; or
5 (4) That the home occupation constitutes a public or private nuisance under state law.
6 (5) That the principal or accessory structure(s) which is/are subject to the permitted
7 home occupation special use is/are illegal or has/have been illegally improved.
8 (6) That the principal residential structure or dwelling unit of which is/are subject to the
9 permitted home occupation special use has been destroyed.
10 (7) That the underlying real property's (of which is subject to the permitted home
11 occupation special use) principal residential use has been abandoned, discontinued,
12 or otherwise ceased/terminated.
13 (8) That the permitted home occupation special use has been abandoned, discontinued,
14 or otherwise ceased/terminated.
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Exhibit 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
CS/HB403, Engrossed 1 2021 Legislature
1
2 An act relating to home-based businesses; creating s .
3 559 . 955, F. S; prohibiting local governments from
4 taking certain actions relating to the licensure and
5 regulation of home-based businesses; specifying
6 conditions under which a business is considered a
7 home-based business; defining the term "heavy
8 equipment"; authorizing home-based businesses to
9 operate in areas zoned for residential use; specifying
10 that home-based businesses are subject to certain
11 business taxes; authorizing adversely affected current
12 or prospective home-based business owners to challenge
13 certain local government actions; authorizing the
14 prevailing party in such challenge to recover
15 specified attorney fees and costs; providing that
16 certain existing and future residential association
17 declarations and documents are not superseded by the
18 act; providing that certain local laws, ordinances, or
19 regulations are not are not superseded; providing an
20 effective date .
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1 . Section 559 . 955, Florida Statutes, is created
25 to read:
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
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26 559 . 955 Home-based businesses; local government
27 restrictions .-
28 (1) Local governments may not enact or enforce any
29 ordinance, regulation, or policy or take any action to license
30 or otherwise regulate a home-based business in violation of this
31 section.
32 (2) A home-based business that operates from a residential
33 property as provided in subsection (3) :
34 (a) May operate in an area zoned for residential use .
35 (b) May not be prohibited, restricted, regulated, or
36 licensed in a manner that is different from other businesses in
37 a local government ' s jurisdiction, except as otherwise provided
38 in this section.
39 (c) Is only subject to applicable business taxes under
40 chapter 205 in the county and municipality in which the home-
41 based business is located.
42 (3) For purposes of this section, a business is considered
43 a home-based business if it operates, in whole or in part, from
44 a residential property and meets the following criteria:
45 (a) The employees of the business who work at the
46 residential dwelling must also reside in the residential
47 dwelling, except that up to a total of two employees or
48 independent contractors who do not reside at the residential
49 dwelling may work at the business . The business may have
50 additional remote employees that do not work at the residential
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ENROLLED
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51 dwelling.
52 (b) Parking related to the business activities of the
53 home-based business complies with local zoning requirements and
54 the need for parking generated by the business may not be
55 greater in volume than would normally be expected at a similar
56 residence where no business is conducted. Local governments may
57 regulate the use of vehicles or trailers operated or parked at
58 the business or on a street right-of-way, provided that such
59 regulations are not more stringent than those for a residence
60 where no business is conducted. Vehicles and trailers used in
61 connection with the business must be parked in legal parking
62 spaces that are not located within the right-of-way, on or over
63 a sidewalk, or on any unimproved surfaces at the residence .
64 Local governments may regulate the parking or storage of heavy
65 equipment at the business which is visible from the street or
66 neighboring property. For purposes of this paragraph, the term
67 "heavy equipment" means commercial, industrial, or agricultural
68 vehicles, equipment, or machinery.
69 (c) As viewed from the street, the use of the residential
70 property is consistent with the uses of the residential areas
71 that surround the property. External modifications made to a
72 residential dwelling to accommodate a home-based business must
73 conform to the residential character and architectural
74 aesthetics of the neighborhood. The home-based business may not
75 conduct retail transactions at a structure other than the
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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76 residential dwelling; however, incidental business uses and
77 activities may be conducted at the residential property.
78 (d) The activities of the home-based business are
79 secondary to the property' s use as a residential dwelling.
80 (e) The business activities comply with any relevant local
81 or state regulations with respect to signage and equipment or
82 processes that create noise, vibration, heat, smoke, dust,
83 glare, fumes, or noxious odors . Any local regulations on a
84 business with respect to noise, vibration, heat, smoke, dust,
85 glare, fumes, or noxious odors may not be more stringent than
86 those that apply to a residence where no business is conducted.
87 (f) All business activities comply with any relevant
88 local, state, and federal regulations with respect to the use,
89 storage, or disposal of any corrosive, combustible, or other
90 hazardous or flammable materials or liquids . Any local
91 regulations on a business with respect to the use, storage, or
92 disposal of any corrosive, combustible, or other hazardous or
93 flammable materials or liquids may not be more stringent than
94 those that apply to a residence where no business is conducted.
95 (4) Any adversely affected current or prospective home-
96 based business owner may challenge any local government action
97 in violation of this section. The prevailing party in a
98 challenge may recover reasonable attorney fees and costs
99 incurred in challenging or defending the action, including
100 reasonable appellate attorney fees and costs .
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101 (5) The application of this section does not supersede :
102 (a) Any current or future declaration or declaration of
103 condominium adopted pursuant to chapter 718, cooperative
104 document adopted pursuant to chapter 719, or declaration or
105 declaration of covenant adopted pursuant to chapter 720 .
106 (b) Local laws, ordinances, or regulations related to
107 transient public lodging establishments, as defined in s .
108 509 . 013 (4) (a) l . , that are not otherwise preempted under chapter
109 509 .
110 Section 2 . This act shall take effect July 1, 2021 .
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ryy,
2
a,
4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY
12 LAND DEVELOPMENT CODE SECTION 134-2 AMENDING THE HOME
13 OCCUPATION SPECIAL USE PERMIT REQUIREMENTS TO BE
14 CONSISTENT WITH CHAPTER 2021-202, LAWS OF FLORIDA,
15 SECTIONS 102-54-56, TO CLARIFY THE CONTINUING PURPOSE,
16 REGISTRATION, AND REQUIREMENTS OF NONCONFORMING
17 USES/STRUCTURES, SECTIONS 101-1-2, TO CLARIFY CONTINUING
18 DEFINITIONS, RULES OF CONSTRUCTION, PURPOSE, AND
19 APPLICABILITY, SECTION 102-185, TO CLARIFY APPEALS, SECTION
20 114-1, TO CLARIFY THE CONTINUING APPLICATION OF
21 DEVELOPMENT STANDARDS TO DEVELOPMENT, SECTION 118-4,
22 TO CLARIFY THE CONTINUING APPLICATION OF
23 ENVIRONMENTAL PROTECTION REGULATIONS TO
24 DEVELOPMENT, SECTION 130-1, TO CLARIFY THE CONTINUING
25 APPLICATION OF LAND USE DISTRICT REQUIREMENTS TO
26 DEVELOPMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
27 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
28 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE
29 SECRETARY OF STATE; PROVIDING FOR AMENDMENT TO AND
30 INCORPORATION IN THE MONROE COUNTY LAND DEVELOPMENT
31 CODE; PROVIDING FOR AN EFFECTIVE DATE.
32
33
34 WHEREAS,the Florida Legislature on April 30,2021, adopted House Bill 403 (Ch. 2021-
35 202, Laws of Florida,or"H.B. 403"),to create/codify Florida Statutes § 559.955,prohibiting local
36 governments from taking certain actions relating to the licensure and regulation of home-based
37 businesses, specifying conditions under which a business is considered a home-based business,
38 defining the term"heavy equipment",authorizing home-based businesses to operate in areas zoned
39 for residential use, specifying that home-based businesses are subject to certain business taxes,
40 providing that certain existing and future residential association declarations and documents are
41 not superseded by the act, providing that certain local laws, ordinances, or regulations are not
42 superseded; and
43
44 WHEREAS, this law was approved by the Governor on June 29, 2021, and became
45 effective on July 1, 2021; and
46
47 WHEREAS, the Monroe County Planning and Environmental Resources Department
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I recommends amending Section 134-2 to incorporate the changes made in state law; and
2
3 WHEREAS, the Monroe County Planning and Environmental Resources Department
4 recommends amending to Monroe County Land Development Code ("LDC") Sections 102-54-56,
5 to clarify the continuing purpose,registration, and requirements of nonconforming uses/structures,
6 Sections 101-1-2, to clarify continuing definitions, rules of construction, purpose, and
7 applicability, Section 102-185 to clarify appeals, Section 114-1, to clarify the continuing
8 application of development standards to development, Section 118-4, to clarify the continuing
9 application of environmental protection regulations to development, and Section 130-1, to clarify
10 the continuing application of land use district requirements to development; and
11
12 WHEREAS, for public input purposes, in accordance with LDC Section 102-159(b)(3), a
13 community meeting was held on February 7, 2023; and
14
15 WHEREAS, the Monroe County Development Review Committee ("DRC") thereafter
16 met to examine the proposed amendments at a regularly scheduled meeting held on February 7,
17 2023; and
18
19 WHEREAS, on May 24, 2023, the Monroe County Planning Commission ("Planning
20 Commission") held a public hearing for the purpose of considering the proposed amendment,
21 provided for public comment, and unanimously recommended approval including staff requested
22 edits; and
23
24 WHEREAS, on June 21, 2023, the Monroe County Board of County Commissioners
25 ("BOCC", "Board", "Monroe County", or the "County") held a public hearing to receive public
26 comment and consider adoption of the proposed Land Development Code text amendment, and
27 considered the professional staff report; and
28
29 WHEREAS, based upon the documentation submitted and information provided in the
30 accompanying professional staff report, the Monroe County Board of County Commissioners
31 makes the following factual and legal determinations:
32
33 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
34 2030 Monroe County Comprehensive Plan; and
35 2. The proposed amendment is consistent with the Principles for Guiding Development
36 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
37 Statutes; and
38 3. The proposed amendment is consistent with Part 11, Chapter 163, Florida Statutes; and
39 4. The proposed amendment is necessary due to new issues and the need for additional
40 detail or comprehensiveness, as required by Section 102-158 of the LDC.
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
43 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
44
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I Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
2 conclusions of law, and statements of legislative purpose and legislative intent are true and correct
3 and are hereby incorporated as if fully stated herein.
4
5 Section 2. The text of the Land Development Code is amended as shown and stated herein.
6 Proposed Amendments are shown with deletions strieketi thfettgh and additions are underlined.
7
6 Sec. 101-1. Definitions.
10 Abandoned means the voluntary discontinuation of a land use. When a property's land use the ttse
11 of a pfapef�y has ceased and the property has been vacant for 18 months, abandonment of said use
12 E4 tis will be presumed unless the owner can show that a diligent effort has been made to sell,
13 rent, or engage the property in a relevant legally permissible land use. This
14 excludes temporary or short-term interruptions to a land use of aetivit during periods of
15 remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
I� periods of vacation or seasonal closure.
18 Agricultural land use means an agriculture land use., ,
19 >
3Q
22 Building means a structure that is located on land or water engaged in a land use or that can be
23 used for supporting or sheltering any land use or occupancy . ,
24 business, eammetvial, agFiettittifal,
27 Building permit means a development permit lawfully issued pursuant to this Land Development
28 Code, the Monroe County Comprehensive Plan, Chapter 6 of the Code of Ordinances and/or the
38 Florida Building Code.
31 Clearing means landclearing. the elea-F,,g ..f land, „ludi g elo,,riff. or- e .,l f veget ti
32
35 Construction means the act of constructing a structure or building on real property by combining
36 or arranging one or more structural or building systems, components, parts, elements, assemblies,
R or sub-assemblies.
39 Developed area means an area where development has occurred. This includes, but is not limited
40 to, sigiiifieant site improvements; such as utility installations, paving, and/or the construction of
i� one or more structures, have ,,,,,,,,,,,,,,a.
43 Development means the making of any material change in the appearance of any land including
44 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making
45 of any material change in the use of any land, construction, the carrying out of any building
46 activity, the making of any material change in the appearance of any structure, the making of any
47 material change in the use of any structure, the carrying out of any mining operation,
48 of any btiilding aetivity, the making of any ma4er-ial ehange in the Use or- appear-a-Ree of
M st,.,,,.ttwe a !and or....,to, or the subdividing of land into two or more parcels.
51 (1) Except as provided in subsection (3) of this definition, for the purposes of this chapter, the
52 following ae fivitieser-tises shall be taken to involve "development":
a. Landclearing.
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b. Clearing of land as an adjunct of construction.
c. Construction.
5 ft-. d. A reconstruction, alteration of the size, or material change in the external appearance of a
9 structure on land or water;
8 b-. e. A change in the intensity of use of land, such as an increase in the number of dwelling units
9 in a structure or on land or a material increase in the number of businesses, manufacturing
IQ establishments, offices or dwelling units in a structure or on land;
12 c—. £ Alteration of a shore or bank of a seacoast, lake,pond or canal, including any work or activity
13 which is likely to have a material physical effect on existing coastal conditions or natural shore
H and inlet processes;
16 4-. g Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel
of land;
h. Demolition of a structure;
21
22
34 the eHtent allowed by ' and
395 g i. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
27 (2)"Development,"includes all other development customarily associated with it unless otherwise
28 specified. " ' . When
29 appropriate to the context, "development" refers to the act of developing or to the result of
30 development. Reference to any specific act, activity,land use, or operation is not intended to mean
31 that the act, activity, land use;or operation-off, when part of another act, activity, land use,
32 or operation, , is not"development". Particular Rreference to one or
33 more type(s) or number(s) of land use, act(s), activity(ies), or operation is not
3i intended to limit the generality of this definition.
36 (3) For the purpose of this chapter, the following shall not be taken to involve
19 "development":
39 a. Work involving the maintenance, renewal, improvement or alteration of any structure, if the
40 work affects only the color or decoration of the exterior of the structure or interior alterations that
iZ do not change the use for which the structure was constructed;
43 b. Work involving the maintenance of existing landscaped areas and existing rights-of-way such
44 as yards and other nonnatural planting areas;
45 c. A change in use of land or structure from a use within a specified category of use to another use
46 in the same category unless the change involves a change from a use permitted as of right to one
V permitted as a minor or major conditional use or from a minor to a major conditional use;
J8 d_ A change in the ownership or form of ownership of any parcel or structure;
51 e. The creation or termination of rights of access, riparian rights, easements, covenants concerning
�3 development of land, or other rights in land unless otherwise specifically required by law; or
54 £ The clearing of survey cuts or other paths of less than four feet in width and the mowing of
55 vacant lots in improved subdivisions and areas that have been continuously maintained in a mowed
56 state prior to the effective date of the plan,the trimming of trees and shrubs and gardening in areas
57 of developed parcels that are not required open space and the maintenance of public rights-of-way
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I and private accessways existing on the effective date of the ordinance from which this chapter is
derived or approved private rights-of-way.
4 (4)The term"development"also means the tourist housing use or vacation rental use of a dwelling
5 unit, or a change to such a use (i.e., conversion of existing dwelling units to vacation rental use).
6 Vacation rental use of a dwelling unit requires building permits, inspections and a certificate of
9 occupancy.
9 Expansion of nonconforming use means extending a nonconforming land use to occupy a greater
IQamount of area beyond that which it occupied on the date the land use became nonconforming.
12 Landclearing means the clearing or removal of vegetation and including significant disturbance of
13 vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes
54 development as the making of any material change in the appearance of any land.
16 Local planning agency shall mean the agency designated to prepare and review the comprehensive
17 plan and comprehensive plan amendments and for making recommendations regarding the
18 adoption or amendment of such plan,for the review of proposed land development regulations and
19 amendments thereto and for making recommendations regarding the adoption or amendment of
20 such land development regulations, and for monitoring and overseeing the effectiveness and status
21 of the Comprehensive Plan and for making recommendations for such changes in the
22 Comprehensive Plan as may from time to time be required, including the periodic evaluation and
23 appraisal of the Comprehensive Plan as required by s. 163.3191. In the County, the Planning
24 Commission shall be the designated local planning_agency, and the local planning agency shall
25 serve as the local planning gency and land development regulation commission.
26 ,
29 Nonconforming structure, lawful means a structure which does not conform to a current provision
30 or regulation provided in the Comprehensive Plan and/or this LDC, but received lawful permit
31 approval materially relevant to the structure in question as peFm tt , or otherwise lawfully
32 established in , prior to the effective date of the ordinance adopting the current
14 provision or regulation that rendered the structure nonconforming.
35 Nonconforming use means a land use which does not conform to a current provision or regulation
0 provided in the Comprehensive Plan and/or LDC.
38 Nonconforming use, lawful means a land use which does not conform to a current provision or
39 regulation provided in the Comprehensive Plan and/or LDC, but received lawful permit approval
40 materially relevant to the land use in question, or otherwise lawfully established irr
41 e� ' , prior to the effective date of the ordinance adopting the current provision or
13 regulation that rendered the use nonconforming.
44 Redevelopment means the development of a site already developed. This includes but is not limited
45 to rehabilitation, improvement, and/or demolition and replacement of existing development on a
19 site.
48 Site plan means information submitted by an applicant that shall identify all development
M ^yes, including principal and accessory uses within the property boundaries.
51 Structure means anything constructed, installed or portable, movable or not movable, temporary
52 or permanent, which requires a location on a parcel of land. the use ^r..,hie i fes a loea4io
53 on a pafeel of land. The term includes, but is not limited to, buildings, roads, walkways of
4183
I impervious materials,paths,fences, swimming pools, sport courts,poles,transmission lines, signs,
cisterns, sewage treatment plants, sheds, docks, and other accessory construction.
4 Unlawful structure means a structure that is not a lawfully established structure ffs allowed by the
LDC and Comprehensive Plan at the time the structure was developed.
7 Use means land use.
8
9 Sec. 101-2. - Rules of Construction.
10
11 In the construction of the language of this Land Development Code, the rules set out in this section
12 shall be observed unless such construction would be 1p ain1X inconsistent with the manifest intent
13 of the BOCC as expressed in the Monroe County Comprehensive Plan or Land Development Code,
14 or an element, part, or section thereof, adopted pursuant to F.S. Ch. 163 and F.S. Ch. 380. The
15 rules of construction and definitions set out herein shall not be applied to any section of these
16 provisions or regulations that shall contain any express provisions excluding such construction, or
17 where the subject matter or context of such section is lap in1X repugnant thereto.
18 (1) Generally.
19 b. In the interpretation and application of any provision of this Land Development Code, it shall
20 be held to be the minimum requirement adopted for the promotion of the public health, safety,
21 comfort, convenience and general welfare. Where any definition(s) o provisioner of this Land
22 Development Code imposes greater restrictions upon the a subject matter than
23 iffiVesed by this another definition(s) or provisiono imposed by this Land Development Code
24 the definition(s) or provisioner imposing the greater restriction or regulation shall be deemed to
25 be controlling.
26
27 Sec. 102-54. - Purpose.
28
29 The purpose of this article is to regulate and limit the continued existence of land uses and
30 structures established prior to the date of the enactment of the original ordinance from which this
31 Land Development Code is derived(September 15, 1986) and/or prior to the date of the enactment
32 of a subsequent ordinance amending a land development regulation within this Land Development
33 Code that do not or no longer conform to the provisions of this Land Development Code.
34 Nonconformities may continue,but the provisions of this article are designed to curtail substantial
35 investment in nonconformities and to bring about their eventual elimination in order to preserve
36 the integrity of this Land Development Code.
37
38 Sec. 102-55. - Registration.
39
40 (a)All known,lawful nonconforming land uses and structures may be registered with the Planning
41 and Environmental Resources Department. In the course of its duties related to development
42 review, staff of the department shall identify and recognize nonconforming land uses and
43 structures. Property owners may also independently apply to the department for such
44 determinations.
45 (b) The Planning Director, or his or her assigned designee, shall review available documents to
46 determine if a body of evidence exists supporting the lawful establishment of a land use or structure
47 prior to the change in regulation that deemed the land use or structure nonconforming. Any issued
48 Monroe County building permit(s) for the original lawful establishment or lawful construction of
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I the land use or structure, confirming its approval and existence prior to the change in regulation
2 that deemed the land use or structure nonconforming, can stand as the only piece of evidence. If
3 there are no such building permit(s) available, additional evidence shall be documented and
4 submitted to the Planning Director on a form provided by the Planning and Environmental
5 Resources Department and shall include, at a minimum, at least two of the following documents:
6
7 (1) Any other issued Monroe County building permit(s) approving or supporting the existence of
8 the structure(s) and/or use;
9 (2)Documentation from the Monroe County Property Appraiser's Office supporting the existence
10 of the structure(s) and/or use;
11 (3) Aerial photographs and original dated photographs showing the structure or land use existed
12 on site;
13 (4) State and/or county licenses, supporting the existence of the structure(s) and/or land use;
14 (5) Documentation from the utility providers indicating the type of service (residential or
15 commercial) provided; and
16 (6) Similar supporting documentation not listed above as determined suitable by the Planning
17 Director.
18
19 (c) Once discovered and determined to be lawful, the Planning Director, or his or her designee,
20 shall add recognized lawful nonconforming land uses and structures to an official registry.
21
22 Sec. 102-56. -Nonconformine Uses.
23
24 (a) Authority to continue. Nonconforming ttses of lan land uses or structures may continue in
25 accordance with the provisions of this section. Notwithstanding any provision of this section or of
26 this Land Development Code and/or the Comprehensive Plan:
27
28 (1) Leases, subleases, assignments or other occupancy agreements for compensation for less than
29 28 days in duration shall be discontinued and shall not be renewed, extended or entered into, in
30 any district that prohibits vacation rental uses after the effective date of the original ordinance from
31 which this section is derived (September 15, 1986) unless a vacation rental use was established
32 and obtained all required state and local permits and licenses prior to September 15, 1986, under
33 previous Monroe County Code provisions expressly allowing vacation rental uses; and
34
35 (2) Nonconforming nonresidential uses in OS, NA, SS, SR, SR-L, IS, IS-D, URM, and UR land
36 use districts, which lawfully existed on January 4, 1996, may develop, redevelop, reestablish
37 and/or substantially improve, provided that the use is limited in intensity, floor area, and to the
38 type of use that existed on January 4, 1996 and is registered in accordance with section 102-55.
39
40 (b) Ordinary repair and maintenance.Normal maintenance and repair to permit continuation of
41 nonconforming land uses registered in accordance with section 102-55 may be performed.
42
43 (c) Expansions. Nonconforming land uses shall not be expanded. This prohibition shall be
44 construed so as to prevent:
45
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1 (1) Enlargement of nonconforming land uses by additions to the structure in which such
2 nonconforming land uses are located; or
3
4 (2) Occupancy of additional lands; however, accessory uses associated with a lawful
5 nonconforming principal use may be permitted if in compliance with all other provisions of the
6 LDC.
7
8 (d) Relocation. A structure in which a nonconforming land use is located shall not be moved
9 unless the land use thereafter conforms to the provisions of the future land use category and the
10 land use (zoning) district into which it is relocated.
11
12 (e) Change in use. A nonconforming land use shall not be changed to any other land use unless
13 the new land use conforms to the provisions of the future land use category and the land use
14 (zoning) district in which it is located.
15
16 (f) Termination.
17
18 (1)Abandonment or discontinuance. Where a nonconforming land use or structure is
19 voluntarily discontinued or abandoned, as defined in Section 101-1, for eighteen(18) consecutive
20 months, then such use may not be reestablished or resumed and any subsequent use must conform
21 to the provisions of this Land Development Code and the Comprehensive Plan. Leases, subleases,
22 assignment or other occupancy agreement for compensation for less than 28 days in duration shall
23 be discontinued and shall not be renewed, extended or entered into, in any district that prohibits
24 vacation rental use after the effective date of the original ordinance from which this section is
25 derived (September 15, 1986).
26
27 (2) Damage or destruction. Except as provided in Section 102-56(f)(3) and (4), if a structure in
28 which a nonconforming land use is located is damaged or destroyed so as to require substantial
29 improvement,then the structure may be repaired or restored only for land uses that conform to the
30 provisions of the land use (zoning) district in which it is located. Fair market value shall be
31 determined by reference to the official tax assessment rolls for that year or by an appraisal by a
32 qualified independent appraiser. The extent of damage or destruction shall be determined by the
33 building official, in consultation with the Planning Director, by comparing the estimated cost of
34 repairs or restoration with the fair market value(such damage or destruction may be voluntarily or
35 due to natural phenomena whose effects could not be prevented by the exercise of reasonable care
36 and foresight).
37
38 (3) Damage and destruction of nonconforming land uses in commercial fishing districts (CFA,
39 CFV and CFSD) and Community Center Overlay Districts (CC). In the CFA, CFV, and CFSD
40 land use (zoning) districts and the CC overlay districts identified in Section 130-132 through
41 Section 130-140,nonconforming land uses lawfully established was of September 15, 1986,
42 may be rebuilt even if 100 percent destroyed, provided that they are rebuilt to preexisting use,
43 building footprint and configuration without increase in density or intensity of use identified in
44 Section 130-157 and registered in accordance with section 102-55. Development shall be brought
45 into compliance to the maximum extent practicable, as determined by the Planning Director.
46
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1 (4) Damage and destruction of water-dependent and water-related commercial nonconforming
2 uses. Lawfully established water-dependent and water-related commercial uses which are
3 identified as a source of economic sustainability within a Livable CommuniKeys Plan may be
4 permitted to be rebuilt even if 100 percent destroyed provided that they are rebuilt to preexisting
5 use and registered in accordance with section 102-55. Development shall be brought into
6 compliance to the maximum extent practicable, as determined by the Planning Director.
7
8 (5)Amortization. Any nonconforming land use may be subject to compulsory termination when it
9 is found detrimental to the conservation of the value of surrounding land and improvements, and
10 therefore is tending to deteriorate or blight the neighborhood. In ordering the compulsory
11 termination of a nonconforming land use, the BOCC will establish a definite and reasonable
12 amortization period during which the nonconforming land use may continue while the investment
13 value decrement resulting from termination is amortized. Determination of the amount to be
14 amortized shall be based on the value and condition of the land and improvements for the
15 nonconforming land use less their value and condition for a conforming land use, and such other
16 reasonable costs as the termination may cause. The rate of amortization shall be in accordance with
17 reasonable economic practice.
18
18 Sec. 102-185. Appeals.
21 (a) Authority. The Planning Commission shall have the authority to hear and decide appeals from
22 any decision, determination or interpretation by any administrative official with respect to the
23 provisions of this Land Development Code or Comprehensive Plan and the standards and
24 procedures hereinafter set forth, except for appeals from actions by the Historic Preservation
25 Commission and appeals from administrative actions regarding the floodplain management
26 provisions of this Land Development Code. Appeals from actions by the Historic Preservation
27 Commission shall be heard by the Division of Administrative Hearings (DOAH), pursuant to
28 Section 135-9. Appeals from administrative actions regarding the floodplain management
38 provisions of this Land Development Code shall be heard by DOAH, pursuant to Section 122-9.
31 (b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
32 aggrieved or adversely affected person, as defined by F.S. Section 163.3215(2), or any resident or
33 real property owner from any order,decision, determination or interpretation by any administrative
34 official with respect to the provisions of this Land Development Code or with respect to the
19 provisions of the Comprehensive Plan.
37 (c) Procedures. A notice of appeal in the form prescribed by the Planning Director must be filed
38 with the County Administrator and with the office or department rendering the decision,
39 determination or interpretation within 30 calendar days of the decision. Failure to file such appeal
40 shall constitute a waiver of any rights under this Land Development Code and Comprehensive
41 Plan to appeal any decision, interpretation or determination made by an administrative official.
42 Such notice shall be accompanied by the names and addresses of the owner, applicant, property
43 owner, and adjacent property owners. The filing of such notice of appeal will require the
44 administrative official whose decision is appealed to forward to the Planning Commission any and
45 all records concerning the subject matter of the appeal and to send written notice of the appeal to
46 the owner, applicant, property owner, and adjacent property owners, if different from the person
47 filing the appeal, within 15 calendar days of receipt of the notice of appeal.
48
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I Sec. 114-1. - Standards.
2
3 No structure or land shall be developed,used,or occupied except in accordance with the standards
4 of this chapter and other applicable standards of this Land Development Code,the Comprehensive
5 Plan, and the Florida Building Code, nor shall any building permit be issued unless the proposed
6 use is or will be served by adequate public or private facilities.
7
8 Sec. 118-4. -Wetland Open Space Requirements.
9
10 Except as provided for in this chapter, no development, or development-related activity(ies),
11 is/are permitted in submerged lands, mangroves, salt ponds, freshwater
12 wetlands, freshwater ponds, or in undisturbed salt marsh and buttonwood wetlands; the open space
13 requirement is 100 percent.
14
15 Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
16 undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights
17 away from these habitats. Submerged lands, salt ponds, freshwater ponds and mangroves shall not
18 be assigned any density or intensity.
19
20 Sec. 130-1. - Purpose.
21
22 Except as provided for in this chapter, no development, or development-related activity(ies),
23 is/are permitted in submerged lands, mangroves, salt ponds, freshwater
24 wetlands, freshwater ponds, or in undisturbed salt marsh and buttonwood wetlands;the open space
25 requirement is 100 percent.
26
27 Sec. 134-2. Home Occupation Special Use Permit and Statutory Home-based Businesses.
28 (a) Applicability.
29 A special use permits is required to establish a home occupation
30 be any land use (zoning)district in which residential use is allowed,including
31 nonconforming residential uses where such uses were otherwise lawfully established.
32 (2) However, statutory home-based businesses are exempt from the requirements of this
33 section and are subject only to the requirements of applicable state statutory requirements.
34 Home occupation means a business, profession, occupation or trade operated from and/or
35 conducted within a residential dwelling unit(or within an accessory structure thereto) for gain
36 or support by a resident of the dwelling unit. For the purposes of this section, home
37 occupations include mobile businesses that are based or operated from a residence or
38 residential property.
39 Statutory home-based business means a business that operates, in whole or in part, from a
40 residential property and meets the following criteria:
41 LI) The employees of the business who work at the residential dwelling must also reside in
42 the residential dwelling except that up to a total of two employees or independent
43 contractors who do not reside at the residential dwelling may work at the business. The
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I business may have additional remote employees that do not work at the residential
2 dwelling.
3 Parking related to the business activities of the home-based business complies with local
4 zoning_requirements and the need for parking generated by the business may not be
5 greater in volume than would normally be expected at a similar residence where no
6 business is conducted. Local governments may regulate the use of vehicles or trailers
7 operated or parked at the business or on a street right-of-way, provided that such
8 regulations are not more stringent than those for a residence where no business is
9 conducted. Vehicles and trailers used in connection with the business must be parked in
10 legal park-ing spaces that are not located within the right-of-way, on or over a sidewalk,
11 or on any unimproved surfaces at the residence. Local governments may regulate the
12 parking or storage of heavy equipment at the business which is visible from the street or
13 neighboring property. For purposes of this paragraph, the term "heavy equipment"
14 means commercial, industrial, or agricultural vehicles, equipment, or machinery.
15 (3) As viewed from the street, the use of the residential property is consistent with the uses
16 of the residential areas that surround the property. External modifications made to a
17 residential dwelling to accommodate a home-based business must conform to the
18 residential character and architectural aesthetics of the neighborhood. The home-based
19 business may not conduct retail transactions at a structure other than the residential
20 dwelling; however, incidental business uses and activities may be conducted at the
21 residential property.
22 L4) The activities of the home-based business are secondary to the property's use as a
23 residential dwelling.
24 (5) The business activities comply with any relevant local or state regulations with respect
25 to signage and equipment or processes that create noise, vibration, heat, smoke, dust,
26 glare, fumes, or noxious odors.Any local regulations on a business with respect to noise,
27 vibration, heat, smoke, dust, glare, fumes, or noxious odors may not be more stringent
28 than those that apply to a residence where no business is conducted.
29 (6) All business activities comply with any relevant local, state, and federal regulations with
30 respect to the use, storage, or disposal of any corrosive, combustible, or other hazardous
31 or flammable materials or liquids. Any local regulations on a business with respect to
32 the use, storage, or disposal of any corrosive, combustible, or other hazardous or
33 flammable materials or liquids may not be more stringent than those that apply to a
34 residence where no business is conducted.
35
36 (b) Applications. Applications for home occupation special use permits shall be submitted to the
37 Planning Director on forms provided by the Planning Director. The application shall include
38 a properly executed affidavit and agreement from the applicant attesting to and agreeing to
39 compliance with the standards and requirements for home occupations as outlined in this
40 section.
41 (c) Authority. The Planning Director is authorized to approve and otherwise administer home
42 occupation special use permits as specifically set forth in this section.
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I (d) Review by the Planning Director. Within 15 working days of receiving a complete
2 application, the Planning Director shall determine whether the proposed home occupation is
3 consistent with the following standards and requirements:
4 (1) The home occupation is incidental and secondary to the principal residential use of
5 the residential dwelling unit;
6 (2) The home occupation does not change the essential residential character of the
7 principal residential use;
8 (3) Not more than one person who is a nonresident of the residential dwelling unit is
9 directly or indirectly employed by or for the home occupation;
10 (4) The home occupation use does not occupy more than 20 percent of the total floor
11 area of the residential dwelling unit and, if the home occupation use utilizes an
12 accessory structure(s), it does not occupy more than 20 percent of the total covered
13 and enclosed residential floor area on the property;
14 (5) The home occupation does not involve any retail sales or service that necessitates or
15 requires customers to visit the residential dwelling unit or the property, nor does the
16 physical address of the residence appear on any advertising materials including
17 stationary and business cards;
18 (6) Activities associated with the home occupation are not visible from any other
19 residential dwelling unit. If the home occupation utilizes an accessory structure, the
20 structure is covered and enclosed;
21 (7) No sign advertising the home occupation is displayed on the premises;
22 (8) The home occupation does not involve outdoor storage, including but not limited to
23 any equipment or materials;
24 (9) The home occupation does not involve the use of mechanical, electrical or other
25 equipment that produces noise, electrical or magnetic interference, vibration, heat,
26 glare, or other nuisance outside the residential dwelling unit or accessory structure in
27 which the home occupation occurs;
28 (10)The home occupation does not increase the average daily automobile trips generated
29 by the residence in which the home occupation is located;
30 (11)Upon issuance of a permit, the applicant must immediately apply for any required
31 license(s)and/or business tax for the home occupation where otherwise required, and
32 continuously maintain such required license(s) and/or business tax for the duration
33 of the issued permit;
34 (12)The home occupation does not store or dispose of any solid waste at the occupation
35 address which was not generated at the occupation address; and
36 (13)The home occupation has obtained a commercial collection service agreement if the
37 business creates or generates any solid waste at a location other than the home
38 occupation address.
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I (e) Public notification of pending approval. The Planning Director, after determining that an
2 application for a home occupation special use permit is in compliance with the requirements
3 of this section, shall give notice of the pending approval as follows:
4 (1) The Planning Director shall provide written notice by regular mail to owners of real
5 property located within 300 feet of the property that is the subject of the proposed
6 home occupation;
7 (2) The applicant shall post the property of the proposed home occupation with a
8 waterproof sign(s) provided by the Planning and Environmental Resources
9 Department which is so located that the notice(s) shall be easily visible from all
10 public streets and public ways abutting the property. The property shall remain
11 posted for no less than 30 calendar days beginning within two weeks of the mailing
12 date of the written notice required by subsection(e)(1); and
13 (3) The notices in subsections (e)(1) and (e)(2) of this section shall provide a brief
14 description of the proposed home occupation and indicate where the public may
15 examine the application. The cost of providing this notice shall be borne by the
16 applicant.
17 (f) Decision by the Planning Director.After 30 calendar days of posting the property and upon
18 a finding that the proposed home occupation complies with all of the requirements of this
19 section, the Planning Director shall issue a home occupation special use permit, with or
20 without conditions. The permit and the affidavit attesting to compliance with the above
21 requirements shall be filed with the clerk of the court and recorded in the official records of
22 the county. The permit shall authorize only the current resident(s) of the dwelling unit for the
23 particular home occupation proposed and shall not be transferable to another location or to
24 another person or entity. Such current resident(s) who have obtained a home occupation
25 special use permit shall immediately notify the Planning Director in writing, by U.S. Postal
26 Service certified mail return receipt requested,when such permitted home occupation special
27 use has been abandoned, discontinued, or otherwise ceased.
28 (g) Public hearing on an application for a home occupation special use permit. If requested
29 in writing to the Planning Director by the applicant, or an adversely affected owner or resident
30 of real property located in the county, during the required 30 calendar days of the posting, a
31 public hearing date shall be scheduled on the application for a home occupation special use
32 permit. All costs related to the public hearing shall be the responsibility of the applicant. The
33 public hearing shall be conducted by the Planning Commission in accordance with the
34 provisions of Section 110-6.
35 (h) Expiration. A permit issued pursuant to this section shall not be transferable and shall
36 automatically expire upon the sale of or transfer of an interest in the permitted dwelling unit.
37 If permitted applicant intends to remain at the permitted dwelling unit and lawfully continue
38 the authorized special use after such sale or transfer of interest(s), the permitted applicant
39 shall notify,by notarized affidavit,the planning director,by U.S. Postal Service certified mail
40 return receipt requested, of his/her intent to lawfully continue the originally permitted home
41 occupation special use. Such notification must be received by the planning director at least
42 thirty(30) days prior to such sale or transfer of interest(s).
4191
I (i) Revocation. The Planning Director shall have the authority to initiate actions to revoke home
2 occupation special use permits and all such actions shall require a public hearing to be
3 conducted before the Planning Commission in accordance with Section 102-20. The Planning
4 Commission shall have the authority to revoke any home occupation special use permit where
5 there is competent and substantial evidence to establish any of the following:
6 (1) That an application for home occupation special use approval contains knowingly
7 false or misleading information;
8 (2) A violation by the holder of a home occupation special use permit of any provision
9 of this section;
10 (3) A violation of any condition of the home occupation special use permit imposed
11 pursuant to this section; or
12 (4) That the home occupation constitutes a public or private nuisance under state law.
13 (5) That the principal or accessory structure(s) which is/are subject to the permitted
14 home occupation special use is/are illegal or has/have been illegally improved.
15 (6) That the principal residential structure or dwelling unit of which is/are subject to the
16 permitted home occupation special use has been destroyed.
17 (7) That the underlying real property's (of which is subject to the permitted home
18 occupation special use) principal residential use has been abandoned, discontinued,
19 or otherwise ceased/terminated.
20 (8) That the permitted home occupation special use has been abandoned, discontinued,
21 or otherwise ceased/terminated.
22
23 Section. 3. Construction and Interpretation. This Ordinance and its interpretation shall
24 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
25 County and such construction and interpretation shall be entitled to great weight in adversarial
26 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
27 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
28 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
29 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
30 enforced in favor of the Board of County Commissioners of Monroe County (`BOCC") to
31 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
32 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
33 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
34 appeal.
35
36 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
37 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
38 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
39 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
40 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
41 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
42 continue unimpaired in full force and effect.
43
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I Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
2 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
3 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
4 repealed thereby.
5
6 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
7 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
8 and intent of the particular paragraph or text to which they refer.
9
10 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
11 Planning Agency as required by F.S. 380.05 (11) and F.S. 380.0552(9).
12
13 Section 8. Filing. This ordinance shall be filed in the Office of the Secretary of the State
14 of Florida but shall not become effective until a final order is issued according to F.S. 380.05(6)
15 by the Florida State Land Planning Agency or Administration Commission approving the
16 ordinance, and if the final order is challenged, until the challenge to the order is resolved pursuant
17 to F.S. Chapter 120.
18
19 Section 9.Inclusion in the Monroe County Code. The provisions of this Ordinance shall
20 be included and incorporated in the Land Development Code of the County of Monroe, Florida,
21 as an addition to amendment thereto, and shall be appropriately renumbered to conform to the
22 uniform marking system of the Code.
23
24 Section 10. Effective Date. This ordinance shall become effective as provided by law and
25 stated above.
26
27 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
28 Florida, at a regular meeting held on June 21st, 2023.
29
30 Mayor Craig Cates
31 Mayor Pro Tem Holly Merrill Raschein
32 Commissioner James K. Scholl
33 Commissioner Michelle Lincoln
34 Commissioner David Rice
35
36 BOARD OF COUNTY COMMISSIONERS
37 OF MONROE COUNTY, FLORIDA
38
39 By:
40 Mayor Craig Cates
41 (SEAL) MONROECO ATTORNEY
42 ATTEST: KEVIN MADOK CLERK FTO FORM
43 _. ..._...... .,.
44 �:... .._ ....__ ..._.
PETER MORRIS
45 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY
Cate: 6/6/23
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6K
axnV
MEMORANDUM
MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTIINIENT
We strive to be caring,professional and fair
To: Monroe County Board of County Commissioners
From: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and
Environmental Resources Department
Date: June 5, 2023
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND
DEVELOPMENT CODE SECTION 134-2 AMENDING THE HOME OCCUPATION
SPECIAL USE PERMIT REQUIREMENTS TO BE CONSISTENT WITH CHAPTER
2021-202, LAWS OF FLORIDA, SECTIONS 102-54-56, TO CLARIFY THE
CONTINUING PURPOSE, REGISTRATION, AND REQUIREMENTS OF
NONCONFORMING USES/STRUCTURES, SECTIONS 101-1-2, TO CLARIFY
CONTINUING DEFINITIONS, RULES OF CONSTRUCTION, PURPOSE, AND
APPLICABILITY, SECTION 102-185, TO CLARIFY APPEALS, SECTION 114-1, TO
CLARIFY THE CONTINUING APPLICATION OF DEVELOPMENT STANDARDS
TO DEVELOPMENT, SECTION 118-4, TO CLARIFY THE CONTINUING
APPLICATION OF ENVIRONMENTAL PROTECTION REGULATIONS TO
DEVELOPMENT, SECTION 130-1, TO CLARIFY THE CONTINUING
APPLICATION OF LAND USE DISTRICT REQUIREMENTS TO DEVELOPMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND
PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR
AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND
DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
Meeting: June 21, 2023
I. REQUEST
The Monroe County Planning and Environmental Resources Department is proposing an amendment
to Monroe County Land Development Code Section 134-2 amending the Home Occupation Special
Use Permit requirements to be consistent with Chapter 2021-202, Laws of Florida.
This amendment also includes changes to Land Development Code Sections 102-5456, to clarify
the continuing purpose,registration, and requirements of nonconforming uses/structures, Sections 101-
12, to clarify continuing definitions, rules of construction, purpose, and applicability, Section 102-
185 to clarify appeals, Section 114-1, to clarify the continuing application of development standards
to development, Section 118-4, to clarify the continuing application of environmental protection
regulations to development, and Section 130-1,to clarify the continuing application of land use district
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requirements to development.
II. BACKGROUND INFORMATION
In 2021,the Florida Legislature adopted House Bill 403 (Ch. 2021-202,Laws of Florida), creating Fla.
Stat. § 559.955,prohibiting local governments from taking certain actions relating to the licensure and
regulation of home-based businesses, specifying conditions under which a business is considered a
home-based business, defining the term "heavy equipment", authorizing home-based businesses to
operate in areas zoned for residential use, specifying that home-based businesses are subject to certain
business taxes, providing that certain existing and future residential association declarations and
documents are not superseded by the act, and providing that certain local laws, ordinances, or
regulations are not superseded. This law was approved by the Governor on June 29, 2021, and became
effective on July 1, 2021. The Planning and Environmental Resources Department recommends
amending Section 134-2 to incorporate the changes made in state law and clarify existing language.
The legislative staff analysis of House Bill 403 (H.B. 403)provided, inter alia:
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The bill) provides that local) governments m,ay not enact or enforce any ordinance, regulation, or policy, or take
any action to license or otherwise regulate a home-boned business in a manner that is different from other
businesses iin a local government's jurisclictiion. In carder to be considered a home-based business,the bill)
requires that. the:
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
•
Business operates, in wholle or in part, from,a residential property;
• Employees of the business must reside in the residence, except far up to two emiplloyees or
independent contractors who work at the residence and any number of remote emplloyees;
• Parking related to business complies with (local zoning requiirements and may not be greater than wound
be expected at a residence where no business is conducted;
• Use and external modifications of the residential property are consistent with the uses, residentiall
character,and architectural l aesthetics of the neighborhood;
• Business complliies with local regulations for signage, nioiise, vibration, heat, smoke, dust, gllare, fumes,
noxious odors, hazardous or flammable miaterialls, vehicles, and trainers, provided that such regulations
are not more stringent than those for a residence where no business is conducted;
• Business m,ay not conduct retaiill transactions at a stru iictu.ure other than, the residential l dwelling, except.
incidental and short term, business activities may be conducted at the residential) property; and
• Activities of the home-based business are secondary to the use as a residential l dwelling.
The bill)) provides that home-based businesses ill) onlly be subbject to apiable business taxes in the county
and municipality where the home-based buisiiness is located.
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Locall governments have the authority to designate permitted (land uses,such as commercial,
residential, agricultural and industrial. Local governments have historically persevered the right for
Individuals, to use residenti4l dwellings to conduct Ibusiiness for certain, activities deemed home
occupations or home-based businesses. Such provisions have been, incorporated in residentiiall land
use ordinances and are, considered an, accessory use to a residential property." The overarchiing
�prem,ise,of such provisions is that residents may use a dwelfing for business activities secondary to
residentiall uses that do not change the residentiall character of the property. There is no enumerated
right to or, precise defiNtion of a home-based business in Florida law.
Current home occupation ordinances vary on the types of businesses aflowed, the activities
authorized, and the permitting, licensing, fees and taxes imposed.. Common home occupation
regulation areas include residential character requiremients, llice,nsinig/permittiing/ce,rtification, permitted
home occupations, prohibited home occupations, signage, employees, traffic and parking, storage and
sale of merchain6se, and floor area used for the home occupation.
Another common componenit,of local home-based business ordinances is the method of enforcing the
restrictions. Typically, locall government code enforcement divisions are tasked with the enforcement of
such ordinances. Other community residents may report viclations to a code enforcement officer, who
usually provides the violator with a warning about the behavior. If the restricted behavior continues,
local governments have the authority to issue a civil infraction or penalty that the violator may contest in
court.63 Ch. 162, the Local Government Code Enforcement Boards Act, provides, (procedures and
maximum fine amounts for, citations. Refusal to sign, and accept a citation could result in, a local
64
government issuing misderneanorfines as described in s. 775.083, F.S.
Effect of the IB i I I
The billl provides that local governments may not:
• Eniact or enforce any ordllnance, regulation, or po�llicy, cr take any action, to license or otherwise
regulate a home-based Ibusiiness that does not meet the requirements of newly created s.
559.955, F.S.
• Prohiibit, restrict, regulate or license home-based businesses in a maniner,that is different;
from,
other businesses in, a local government's jurisducticn, except as provided in s. 559.955, F.S.
(Home-based businesses may operate in an, area zoned for residential) use and are onlly subject to,
appllicablle, business taxes in the county and municipality where,the home-based business is located.
Community Meetint! and Public Participation
In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a community meeting
was held on February 7, 2023 via communications media technology for public input purposes.
Monroe County Development Review Committee and Public Input
The Monroe County Development Review Committee considered the proposed amendment at a regular
meeting on March 28, 2023, for public input purposes.
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 unanimously recommended approval of the amendment including staff s
requested edits.
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III. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENTS
The proposed text amendment is attached as Exhibit 1.
IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE
The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
158(d)(7)(b):
1. Changed projections (e.g., regarding public service needs) from those on which the text or
boundary was based;
N/A
2. Changed assumptions (e.g.,regarding demographic trends);
N/A
3. Data errors, including errors in mapping, vegetative types and natural features described in
volume 1 of the plan;
N/A
4. New issues;
The Florida Legislature adopted H.B.403 to create/codify Section 559.955,F.S,prohibiting local
governments from taking certain actions relating to the licensure and regulation of home-based
businesses, specifying conditions under which a business is considered a home-based business,
and authorizing home-based businesses to operate in areas zoned for residential use. This law
was approved by the Governor June 29, 2021, and became effective on July 1, 2021.
5. Recognition of a need for additional detail or comprehensiveness; or
Staff has requested amendments to sections of the Code to clarify existing regulations (as
enumerated above)by providing additional detail.
6. Data updates;
N/A
In no event shall an amendment be approved which will result in an adverse community change
to the planning area in which the proposed development is located or to any area in accordance
with a Livable Communikeys Master Plan pursuant to findings of the Board of County
Commissioners.
The proposed text amendment is not anticipated to result in an adverse community change.
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V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
A. The amendment is consistent with the Goals, Objectives, and Policies of the Monroe County
2030 Comprehensive Plan. Specifically, it furthers:
GOAL 101: Monroe County shall manage future growth to enhance the quality of life, ensure the
safety of County residents and visitors, and protect valuable natural resources.
B. The amendment is consistent with the Principles for Guiding Development for the Florida
Keys Area of Critical State Concern, 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 for guiding development and any amendments to the principles, the principles shall be construed
as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
(a) Strengthening local government capabilities for managing land use and development so that local
government is able to achieve these objectives without continuing the area of critical state concern
designation.
(b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
wetlands,fish and wildlife, and their habitat.
(c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
their habitat.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
development.
(e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
ensuring that development is compatible with the unique historic character of the Florida Keys.
(g) Protecting the historical heritage of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
public investments, including:
1. The Florida Keys Aqueduct and water supply facilities;
2. Sewage collection, treatment, and disposal facilities;
3. Solid waste treatment, collection, and disposal facilities;
4. Key West Naval Air Station and other military facilities;
5. Transportation facilities;
6. Federal parks,wildlife refuges, and marine sanctuaries;
7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
8. City electric service and the Florida Keys Electric Co-op; and
9. Other utilities, as appropriate.
(i) Protecting and improving water quality by providing for the construction, operation, maintenance, and
replacement of stormwater management facilities; central sewage collection; treatment and disposal
facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
disposal systems.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
wastewater management facilities that meet the requirements of ss. 381.0065(4)(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.
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(m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural
or manmade disaster and for a postdisaster reconstruction plan.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
Florida Keys as a unique Florida resource.
Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
Principles for Guiding Development as a whole and is not inconsistent with any Principle.
C. The amendment is consistent with the Part II of Chapter 163, Florida Statutes. 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(1), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
development of the area that reflects community commitments to implement the plan and its elements.
These principles and strategies shall guide future decisions in a consistent manner and shall contain
programs and activities to ensure comprehensive plans are implemented. The sections of the
comprehensive plan containing the principles and strategies,generally provided as goals,objectives,and
policies, shall describe how the local 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 describe how the programs, activities, and land development regulations will be
carried out. The plan shall establish meaningful and predictable standards for the use and development
of land and provide meaningful guidelines for the content of more detailed land development and use
regulations.
163.3194(1)(b), F.S. —All land development regulations enacted or amended shall be consistent with the
adopted comprehensive plan, or element or portion thereof, and any land development regulations
existing at the time of adoption which are not consistent with the adopted comprehensive plan, or
element or portion thereof, shall be amended so as to be consistent. If a local government allows an
existing land development regulation which is inconsistent with the most recently adopted
comprehensive plan,or element or portion thereof,to remain in effect,the local government shall adopt
a schedule for bringing the land development regulation into conformity with the provisions of the most
recently adopted comprehensive plan, or element or portion thereof. During the interim period when
the provisions of the most recently adopted comprehensive plan, or element or portion thereof, and the
land development regulations are inconsistent, the provisions of the most recently adopted
comprehensive plan, or element or portion thereof, shall govern any action taken in regard to an
application for a development order.
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4199
(2)After a comprehensive plan for the area, or element or portion thereof,is adopted by the governing
body,no land development regulation, land development code, or amendment thereto shall be adopted
by the governing body until such regulation, code, or amendment has been referred either to the local
planning agency or to a separate land development regulation commission created pursuant to local
ordinance, or to both, for review and recommendation as to the relationship of such proposal to the
adopted comprehensive plan,or element or portion thereof. Said recommendation shall be made within
a reasonable time,but no later than within 2 months after the time of reference. If a recommendation is
not made within the time provided, then the governing body may act on the adoption.
(3)(a)A development order or land development regulation shall be consistent with the comprehensive
plan if the land uses, densities or intensities, and other aspects of development permitted by such order
or regulation are compatible with and further the objectives, policies, land uses, and densities or
intensities in the comprehensive plan and if it meets all other criteria enumerated by the local
government.
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.
VI. PROCESS
LDC amendments may be proposed by the Monroe County Board of County Commissioners, the
Monroe County Planning Commission, the Senior Director of the Monroe County Planning and
Environmental Resources Department, private application, or the owner or other person having a
contractual interest in property to be affected by a proposed amendment. The Senior Director of the
Monroe County Planning and Environmental Resources Department shall review and process
applications as they are received and pass them onto the Monroe County Development Review
Committee ("DRC") and the Monroe County Planning Commission ("Planning Commission"), the
latter of which shall hold at least one public hearing. The Planning Commission shall review the
application, the reports and recommendations of the professional staff and the DRC and the public
comment and/or testimony given. The Planning Commission shall submit its recommendations and
findings to the Board of County Commissioners (`BOCC"). The BOCC thereafter holds a public
hearing to consider the adoption of the amendment, and considers the staff report, staff
recommendation,Planning Commission recommendation, and the public comment and/or testimony
given. The BOCC may adopt the proposed amendment based on one or more of the factors
established in LDC Section 102-158(d)(7).
VII. STAFF RECOMMENDATION
Staff recommends approval of the subject Land Development Code amendment.
VIII.EXHIBITS
1. Proposed amendment
2. Chapter 2021-202, Laws of Florida
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Land Development Code Amendments
Re: Home Occupation Permits
BOCC Public Hearing
Item P. 14
June 21 , 2023
The Monroe County Planning Department is proposing amendments to the following
Sections of the Land Development Code:
§134-2, amending the Home Occupation Special Use Permit requirements to be consistent
with Chapter 2021-202, Laws of Florida
§101-1 & 101-2, to clarify continuing Definitions, Rules of Construction, Purpose, and
Applicability
§102-54-56, to clarify the continuing Purpose, Registration, and requirements of
Nonconforming Uses/Structures
§102-185, to clarify Appeals
§114-1, to clarify the continuing application of development Standards to development
§118-4, to clarify the continuing application of Environmental Protection Regulations to
development
• §130-1, to clarify the continuing application of Land Use District requirements to
development
PROPOSED LDC TEXT AMENDMENTS
deletions in-,,f�' ff)tigh additions underline
See. 1011-1. Definitions.
A bandbned means the voluntary discontinuation of a land use. When a property's land jj�.s e. tie
efapfepei4 has ceased and the property has been vacant for IS months, abandonment of said use
of use Nvill be presumed unless the owner can show that a diligent effort has been made to sell,
rent, or, engage the property in a relevant use the pFapeFly for, a legally permissible land use. This
excludes temporary or short-terms inten-uptions to a land use or- aetivi during periods of
rernodeling, maintaining., or otherwise improving or rearranging a facility, or during normal
periods of vacation or seasonal closure.
.Agricultural land use means an agriculture land cruse., '11twe" horticultur-e, fleficultufe,
vitilouittife, mmi emu!Wr-eta qua oultuFe, feFestin y, gFoves, flurqeFies, daii-
y, live5teek, , and qgy,,
fonns of&ri-ii products and fafm pmduefio .
Building means a structure that is located on land or water engaged in a land use, intended to be
engaged in a land use, or intended for supporting or sheltering w'jy land use or occupane a+i4
whiell can be used for, housing, busifieS5, 00JUiReFOial, agfj16U,jt:Hfaj, 510fage OF' Of-&7e ffuFP05es,
either temporarily or permanently. Buildings are used or, inteflded for suppeAing of sheltefing any
use OF accupane .
Buildingperpnit means a development permit IaNyftilly issued pursuant to this Land Development
Code, the Monroe County Comprehensive Plan, Chapter, 6 of the Code of Ordinances and/or the
Florida, Building Code.
Clearing means landclearing. the eleafing of land, ineluding eleafing ei! Femoval of vegetation,
and inelluding any significant distuitanees of vegetation er substrate (soil)manipulation. Gleming
is definedas a developmeiitaeltivity.,
Construction means the act of constructing a structure or, building on real property by combining
or arranging one or,more sh-Lictural or building systems, components, parts, elements, assernblies,
or su b,-,a s semb lies.
Developi°pierit means the making of any material change in tile, appearance, of aLly land including
but not limited to fandelearing and/or the clearing of land as an ad�unct of construction,the making
of a,gy material change in the use of agy land, construction, the caraing out of ilgy building
activity the making of aqy material change in the appearance of qqy structure, the making ofa
illateriai chan,ge in the use of any stiucture, the caning out of a,Liy mining operation, ea,fFyiHg out
of any building activity, !he making of a'ay InateFial ellange in the use Or appeaFanee of aiiy
stFLiotmfe on land or wa4eF, , r the subd ividing of land into tNN,,o or more parcels.
(1) Except as provided in subsection �3) of this definition, for the purposes of this chapter, the
following acativities of uses shall be taken to involve "development":
a. Landclearing.,
b. Clearing of land as an adjunct of constrLiction.
c. Construction.
a-. d., A reconsti-Liction, alteration of the size, or material change in the external appearance of a
sti-Licture on Land or Nvater:
I
b-. e. 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, manu fa ct-11 ring
establisluiients, offices or dwelling units in a sti-Lictur'e or on land,,-
e-. f. Alteration of a, shore or, bank of a seacoast, lake,pond or canal, including any wor,k or, activity
which is likely to have a material physical effect on existing coastal conditions or natural shore
and inlet processes;
Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel
of land,
h. Demolition of a stiaicture;
f, G'Iea,ring of land, iHeluding eleming eF removal of vegetation m�id, ineluding signifieant
distur-baHele of vege'WiOH Of SubstFate(SE)i!)MailiffiRliEM, iflOW,difig tile tFiffifflifig Of MaRgFeve,5 10
the exten4 a4lowed by !aw; and
g, i. Deposit of refuse, solid or, liquid waste, or fiLt on a parcel of land.
(),"Development,"includesall other development customarily associated with it unless otheilvise
specified. The tenn"development" includes all other activity oustommily associated with it. When
appropmate to the context, "development" refers to the act of developing or to the result of
development. Reference to any specific act, activity, land use, or operation is not intended to mean
that the act, activity, land use, or operation eFaetivit , when pail ofanother act,activity, land use,
or operation, other opeFalions eF aetiv4k-s sn
ot ot "de'velopilient". Particular Rreference to one or
more type(s) or number(s) of land use,act(s), activity(jes),or operation pa.Ftiem laf apeFafiefis, is not
intended to limit tile, generality of this definition.
(3), For the purpose of this chapter, the following epefations of uses shall not be taken to involve
"development"�
a. Work involving the maintenance, renewal, improvement or alteration of any stnictLire, if the
work affects only the color or decoration of the exterior of the structure or interior alterations that
do not change the use for which the structure was consti-Licted;
b. Work involving the maintenance of existing landscaped areas and existing rights-of-way such
as yards and other nonnaftiral planting areas;
c. A change in use of land or strLicture 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;
d. A change in the, ownership or form of ownership of any parcel or structure;
e. The creation or termination of rights of access,riparian rights, easements, covenants concerning
ng
development of land, or other rights in land unless otherwise specifically required by law; or
f. 'The clearing of survey cuts or other, paths of less than four feet in width and the mowing of
vacant lots in improved subdivisions and areas that have been continuously maintained ina illowed
state prior,to the effective date of the plan, the trimming of trees end shrLibs 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 the, ordinance from which this chapter is
derived or approved private rights-of-way.
(4),The term"development"also mealis the tourist housing use or vacation rental use of a divelling
unit, or a change to such a use (i.e., conversion of existing divelling units to vacation rental use).
Vacation rental use of a dwelling unit requires building permits, inspections and a. certificate of
occupancy,.
Expatision of nonconfonning use means extending a nonconforming land use to occ-upy a greater
amount of area beyond that which it occupied on the date the land use became nonconforming.
Lanelclearing means the clearing or removal of vegetation and including significant disturbance of
vegetation or substrate (soil) inanipulation. Landcleafing is not a land use and constitutes
development as the making of any material change in the appea,rance of any land.
LocalpIcin,ning agencY shall mean the agency designated to prepare and review the comprehensive
.plan and comprehensive plan amendments and for making recommendations regarding the
adoption or amendment of such plan, for the review of proposed land development regulations and
amendments thereto and for inak-ing recoinmendations regarding the adoption or amendment of
such land develoPment regulations, and for monitoring and overseeing the effectiveness and status
of the Comprehensive Plan and for making recommendations for such changes in the
Comprehensive Plan as may from time to tinge, be required, inchiding the periodic evaluation and
appraisal of the Comprehensive Plan as required by s. 1163.3191. In the Comity, the Planning
Commission shall be the designated local plaiming agency, and the local .platuiing agency shall
serve as the local pla,iming agency and land development regulation commission.means the a. enc�
9, 5
designated to prepa,re and review the comprehensive plan., in the county,the local planning agenc5
is the p! fili.SSIE)
NonconforTning structure, Imt.fiid means a structure which does riot conform to a current provision
or regulation provided in the Comprehensive Plan and/or this LDC, but received lawftfl 'permit
FM t approval materially relevant to tile structure in q�uestio rwas pe i or othelivise lawfully
established in exisience lawfull!Y, prior to the effective date of the ordinance adopting the current
provision or regulation that rendered the structure nonconforming.
NonconforTning use means as land use which does not conforni to a current provision or regulation
provided in the Comprehensive Flan and/or LDC.
Nonconforpning use, lau.ful means as land use which does not conforni to a current provision or
regulation provided in the Comprehensive Plan and/or LDC, but received lawful perelit approval
materially relevant to the land use in questiqn-wa&jx-H+H#e4, or otherwise lawfully established i*
existeHele lawfull , prior to the effective date of the ordinance adopting the current provision or
re gu ta tion that rendered the use none onforming.
Re.developn?ent means the development of site already developed. This includes but is not limited
to rehabilitation, improvement, and/or demolition and replacement of existing development on as
site.
Site plan means information submitted by an applicant that shall identify all development
Aptivit"!
, including principal and accessory uses within the property boundaries.,
Structure means anything constructed, installed or portable, movable or not movab�le, temp ormy
or Permanent, which requires a location on a parcel of land. the :Hse of m4iieli requiFes a locatia;
on a pareet of 'an The term includes, but is not limited to, buildings, roads, walk-ways of
impervious materials,paths, fences, swimming pools,.sport courts,poles,transmission lines,signs,
cisterns, sewage treatment plants, sheds, docks, and other accessory construction.
Unial,kfiul structure means, a stnicture that is not a lawfully established structure as allowed by the
LDC and Comprehensive Plan at the time the structure was developed.
Use means land use.
Sec. 1011-2,. - Rules of'Construction.
In the construction of the laiigu,age of this Land Development Code, the rules set out in this section
shall be observed unless such construction would beplainly inconsistent with the manifest intent
of the BOCC as expressed in the Monroe County Comprehensive Plan or,Land Development Code,
or an element, 'part, or section thereof, adopted pursuant to F'.S. Cli. 163 and F.S. Ch. 380. The
rules of construction and definitions set out herein sli,all not be applied to any section of these
provisions or regulations that stiall contain any express provisions excluding such construction, or
where the subject matter or,context of such section is repugnant thereto.
(1), Generally.
b. In the interpretation and application of any provision of this Land Development Code, it shall
be held to be the mininium requirement adopted for the promotion of the public health, safety,
comfort, convenience and general welfare. Where any definition(s) or provisi I onW of this Land
Development Code imposes greater restrictions upon 4e, a subjlect matter than a general pfevision
.1 1 d by this-, another deEnition(s) or provision imposed by this Land Development Code,
the definition(s) or provi I sionf js imposing the greater restriction or regulation shall be deemed to
be controlling,.
See. 1012,-54. - Purpose.
The purpose of this article is to, regulate and limit the continued existence of land uses and
structures established prior to the date of tile enactment of the original ordinance from which this
Land Development Code is derived (September, 15, 1986)and/or prior to tile date of the enactment
of a subsequent ordinance amend ing a land development regulation within this Land Development
Code that do not or no longer c�onform to tile provisions of this Land Development Code.
Nonconfornlities may continue, but the provisions,of this article are designed to curtail substantial
investment in nonconformities and to, bring about their eventual elimination in oader to preserve
the integrity of this Land Development Code.
Sec. 1012,-55. - Registration.
(a),All luiown, tawffil nonconforming land uses and structures may be registered with the Planning
and Environmental Resources Department. In the course of its duties related to development
review, staff of the department shall identify and recognize nonc�oinnforming jgAd uses and
structures. Property owilers may also independently apply to tile department for such
determinations,.
(b) The Planning Director, or his or tier assigned designee, shall review available documents to
determine if a body of evidence exists suppolting the lawful establistuilent of a land use or sti-Licture
prior to the change in regulation that deemed the land use or sti-Licture nonconforming. Anny issued
Monroe County building permit(s) for the original lawful establishment or lawful construction of
the land use or structure, confirming its approval and existence prior, to, the change in regulation
that deemed tile land use or struct-Lire nonconforming, can stand as the only piece of evidence. If
there are no such building permit("s) available, additional evidence shall be documented and
submitted to, tile Plaiming Director, on a, form provided by the Planning and Environmental
Resources Department and shall include, at as minimum, at least two of the following documents:
(1) Any other issued Monroe County building permit(s) approving or supporting tile, existence of
the structure(s) and/or use;
(2)Documentation from the Monroe County Property Appraiser's Office supporting the existence
of the stnicture(s) and/or use;
(3) Aerial photographs and or,iginat dated photographs slioNving the stiuct-ure or land use existed
on site;
(4) Mate and/or county licenses, supporting the existence of the structure(s) and/or land use;
(5) Documentation from tile utility providers indicating the type of set-vice (residential or
conlinercial) provided; and
(6) Similar supporting documentation not listed, above as determined suitable by the Planning
Director.
(c) Once discovered and determined to be laivftil, the Planning Director, or his or her designee,
shall add recognized laivfhl nonconforining land uses and structures to an official registry.
Sec. 102-56. - Nonconforming Uses.
(a) Authority to continue. Nonconforming uses of infid. land uses or structures may continue in
accordance with tile provisions of this section. Ncimitlistanding any provision of this section or of
this Land Development Code and/or the Comprehensive Plan-
(1), Leases, subleases, assignments or other occupancy agreements for compensation for less than
28 days in duration shall be discontinued and sliall not be renewed, extended or entered into, in
any district that prohibits vacation rental uses after the effective date of the original oirdinance from
which this section is derived (September 15, 1986) unless a vacation rental use Nvas established
and obtained all required state and local permits and licenses prior or to September 15, 1986, under
previous 1onroe C.ounty Code provisions expressly allowing vacation rental uses; ,and
(2), Nonconforming nonresidential uses in US, NA, 'SS,, SR., SR-L,, IS, IS-D, URM, and UR land
use districts, which lawfully existed, on January 4, 1996, may develop, redevelop, reestablish
and/or substantially improve, provided that the use is limited in intensity, floor area, and to the
type of use that existed on January 4, 1996 mid is r,egistered in accordance with section 102-55.
(b)Ordinary repair and maintenance.Normal maintenance and repair to permit continuation of
nonconforming land uses registered in accordance with section 102-55 may be perfornied.
(c), Expansions. Nonconforming jAqd uses shall not be expanded. This prohibition shall be
construed so as to prevent:
(1) Enlargement of nonconforming land uses by additions to the structure in which such
nonconforming land uses are located: or
1
(2) Occupancy of additional lands; however, accessory uses associated, Nvith a lawful
nonconforming principal use may be permitted if in compliance with all other provisi I ons of the
LDC.
(d) Relocation. A structure in which a nonconforming jilqd use is located shall not be moved
unless the land use thereafter conforms to the provisions of the future land use category and the
land use (zoning) district into which it is relocated.
(e), Change in use. A nonconforming land use shall not be changed to any other land use unless
the new land use conforms to the provisions of the future land use category and the land use
(zoning) district in which it is located.
(f) Termination.
(1),Abandoni,pwrut or discontinuance. Where a nonconfanning land use use ofand or structure is
voluntarily discontinued or abandoned,, as defined in 'Section 101-1, for eighteen (18) consecutive
months, then such use may not be reestablished or,resurnedandanor subsequent use must conform
to the provisions of this Land Development Code and the Comprehensive Plan. Leases, subleases,
Bassi gnnient 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 prohi its
vacation rental use after tile, effective date of the original ordinance froni which this section is
derived (September, 15, 1986).
(2) Daniage or d struction. Except as provided in Section 102-56(f)(3) and (4), if a stnicture in
which as none onforming jMd use is located is damaged or destroyed so as to require substantial
improvement, then the structure may be repaired or restored only for land uses that conforni to the
provisions of tile land use (zoning) district in which it is located., Fair niarket value shall be
determined by reference to the official tax assessment rolls for that year or by an appraisal by a
qualified independent appraiser. Tile extent of damage or destruction shall be determined by the
building official, in consultation with the Planning Director, by comparing tile estimated cost of
repair's or restoration with the fair market value(',such damage or destruction may be voluntarily or
due to natural phenomena whose effects could not be prevented by tile, exercise of reasonable care
and foresight),.
(3) Damage, and destruction of nonconjbrining land uses in con2rnerciai fishing districts (CFA,
CFV and CF3D) and Convnunits, Center Overlay, Districts (CC). In the CFA, CFV, and CFS,D
land use (zoning) districts and the CC overlay districts identified in 'Section 130-132 dirough
Section 130-140,nonconforming land uses lawfully established existing as of September, 15, 1986,
may be rebuilt even if 100 percent destroyed, provided that they are rebuilt to preexisting use,
building footprint and configuration without increase in density or intensity of use identified in
Section 130-157 and registered in accordance with section 102-55. Development shall be brought
into compliance to tile maximum extent practicable, as determined by the Planning Director.
(4) Damage and destruction orivater-dependent and ivater-related coniniercial noneorybrniing
uses. Lawfully established water-dependent and water-related conliiiercial uses which are
identified as a source of economic sustainability within Livable CoilununiKeys Plan may be
permitted to be rebuilt even if 100 percent destroyed provided that they are, rebuilt to preexisting
use and registered in accordance Nvith section 102-55. Development shall be brought into
compliance to the ma,ximuni extent practicable, as deteniiined by tile Planning Director.
(5)1 inorPtiz tion. Any nonconforming Land use may be subject to compulsory termination when it
is found detrimental to the conservation of the value of surrounding Land and improvements, and
therefore is tending to deteriorate or blight the neigJiborhood- In ordering tile compulsory
termination of a nonconforming jqqd use, the IBOCC will establish a definite and reasonable
amortization period during which tile nonconforming land use may continue while tile investment
value decrement resulting from termination is amortized. Determination of tile amount to be
amortized shall be based on the value and condition of the land and improvements for the
nonconforining land use less their value and condition for a conforming 1aAd use, and such other,
reasonable costs as the termination may cause. The rate ofamortization shall be in accordance with
reasonable economic practice.
Sec. 102-185. Appeals.
(a)Authority. The Planning Commission shall have the authority to hear and decide appeals from
any decision, determination or interpretation by any administrative official with respect to the
provisions of this Land Development Code or Comprehensive Plan and the standards and
procedures hereinafter set forth, except for appeals from actions by the Historic Preservation
Commission and appeals from administrative actions regarding the floodplain management
provisions of this Land Development Code. Appeals from actions by the Historic Preservation
Commission shall be heard by the Division of Administrative Hearings (DOA-H), pursuant to
Section 135-9�. Appeals from administrative actions regarding the floodplain management
provisions of this Land Development Code shall be heard by DOAH, pursuant to Section 122-9.
(b) Initiation. An appeal may be initiated by an owner, applicant, adjacent property owner, any
aggrieved or adversely affected person, as defined by F.S. Section 163.3215(2), or any resident or
real property owner from any order, decision,determination or interpretation by any administrative
official with respect to the provisions of this Land Development Code or with respect to the
provisions of the Comprehensive Plan.
(c) Procedures. A notice of appeal in the form prescribed by the Planning Director must be filed
with the County Administrator and with the office or department rendering the decision,
determination or interpretation within 30 calendar days of the decision. Failure to file such appeal
shall constit-Lite a waiver of any rights under this Land Development Code and Comprehensive
Plan to appeal any decision, interpretation or determination made by an administrative official.
Such notice shall be accompanied by the names and addresses of the owner, applicant, property
owner, and adjacent, property owners. 'The filing of such notice of appeal will require the
administrative official whose decision is appealed to forward to the Planning Commission any and
all records concerning the subject matter of the appeal and to send written notice of the appeal to
the owner, applicant, property owner, and adjacent property owners, if different from the person
filing the appeal, within 15 calendar days of receipt of the notice of appeal.
Sec. 114-1. - tandartls.
No structure or land shall be developed,used-,or occupied except in accordance with the standards
of this chapter and other applicable standards of this Land Development Code,the Comprehensive
rhos, and the Florida Building Code, nor shall any building permit be issued unless the proposed
use is or will be served by adequate public or private facilities.,
Sec. 118-4. - Wetland Open Space Requirements.
Except as provided for in this chapter, no development, or development-related activityfies),
de'veleptnent actiN is/are Permitted in submerged lands, niangroves, salt ponds, freshwater
NvetLa,nd s, freshwater ponds,or in undisturbed salt marsh and buttonNvood wetlands,- the open space
requirement is WO percent.
Allocated density (dwelling units per acre) shall be assigned to freshwater wetlands and
undisturbed salt marsh and buttonwood wetlands only for use as transferable development rights
away fr,om these habitats, Submerged Lands, salt ponds, freshwater ponds and mangroves shall not
be assignedany density or intensity.
Sec. 130-1. - Purpose.
Except as provided for, in this chapter, no development, or development-related activityfies),
develepmeHt acti-vitie is/are permitted in submerged lands, mangroves, salt ponds, fresinvater
ivetland s, freshwater ponds,or in undisturbed salt marsh and buttonivood wetlands- the open space
requirement is tOO percent.
In 2021,the Florida Legislature adopted House Bill 403 (Ch. 2021-202, Laws of Florida), creating Section 559.955,
F.S; prohibiting local governments from taking certain actions relating to the licensure and regulation of home-
based businesses. This law was approved by the Governor June 29, 2021and became
effective on July 1, 2021.
Monroe County's LDC includes a requirement for home businesses to apply for and receive a Home Occupation
Special Use Permit. Staff is recommending the following amendment to make LDC Section 134-2 consistent with
the new statutory exemption.
PROPOSED LDC TEXT AMENDMENTS — Home Occupation Special Use Permit — Section 134-2
deletions in A *h additions underline
Sec. 134-2. Home Occupation Special Use Permit auud Statuutoi , Home-based Businesses.
(a) Applicability.
Home coupatio A special use pennits is required to establish a. home occupation
be min any land use(zoning)district in which residential use is allowed, including
nonconforming residential uses where such uses were otherwise 'lawftal.ly est b'Lislued.
However, statutory home-based businesses are exempt from the requirements of this
section and,are subject only to the requirements of applicable state statutoa requirements.
once occupation means a business, profession, occupation or trade operated from and/or
conducted within a residential dwelling unit(or within an accessory sti ucture thereto)for,gain
or support by a resident of the dwelling unit. For the purposes of this section, home
occupations include mobile businesses that are based or operated from a residence or
residential property.
Statutog home-based busiiiess, means a b-Lisiness that operates, in whole o�r in part, froin a,
residential propetly and ineets the fbilowing criteria:
The emptoyees of the business who, work at the residential dwelling must also reside in
the residential dwelling, except that up to a total of two employees o�r independent
contractors wlio do not reside al the residential dwelling may 1,vork at tile business. 'The
business may liave additional remote employees that do not Nvork at the residential
dwellin&.
Park-ing related to tile business activities of tile home-based, business complies with local
zoning requirements and, the need for parking generated by the business may not be
greater in ume than would norilially be expected, al a simitar residence where no
business is conducted. Loca goveninients inay regulate the use of vehicles or trailers
operated or parked at the business or on a street right-of-way, provided that such
regulations are not more stringent than those for a residence where no business is
conducted. Vehicles and trailers used, in connection with the business must be Parked in
legal parking spaces that are not located, within tile right-of-way, on or over a sidewalk,
or on any unimproved surfaces al the residence. Local goverignents ma plate the
parking or storage o�f liea�j equipment at the business which is visible fr m the stt°eet or
neighboring propeily. For purposes of this paragrapli,, the term "heavy equipment"
means conuliercial, industrial, or agricultural vellicles, equipment, o�r machineM.
-3) As viewed from the street, the use of the residential proper ty is consistent ivith the uses
of the residential areas that surround the property. External modifications meade to el,
residential dwelling to eacconuliodeate ea liome-based business must conforni to the
residential character and architectural aesthetics of the neighborhood. The home-based,
business m,ay not conduct retail tr,,,.i,nsa cti oils at a stnictur°e. other than the residential
dwelling, however, incidental business uses and activities may be conducted at the
residential prpper�L
The activities o�f the home-based business are seconda!T to the pro perly's use as a
residential dwelligg.
The business activities compty with a,Liy relevant local or state regulatio�ns with respect
to sigLiage and equipment or processes that create noise, vibration, heat, silicke, dust,,
glare, fumes, or noxious odors., Any local regulations on a business with respect to noise,
vibration, heat, siiiok-,e,, dust, glare, funies, or noxious odors may not be more stringent
than those that apply to a residence where no business i.s condlucted.
All business activities comply with aily relevant local, state, and, federal regulations with
respect to tile use,, storage, or disposal of any corrosive, combustible, or other liazardous
or flammable materials or liquids. Any local regulations on a business Nvith respect to
the use, storage, or disposal of any corrosive, combustible, or other hazard,ous or
flammable materials o�r liquids may not be more stringent than those that lit
a
residence where no business is conducted.
Staff recommends APPROVAL