Ordinance 015-2023 4
5 MONROE COUNTY, FLORIDA
6 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
7
8 ORDINANCE NO. 015 -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41 not superseded by the act, providing that certain local laws, ordinances, or regulations are not
42 superseded; and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
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
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 st+i ke t4-e 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 these
11 has ceased and the property has been vacant for 18 months, abandonment of said use
12 oftise 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 eFa y during periods of
15 remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal
19 periods of vacation or seasonal closure.
18 Agricultural land use means an agriculture land use. agFietfittfFe, het4ietfittfFe,
19 ,
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 and whieh ea be tised f9F h etising
224
Zb , shop e
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. ,
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 site improvements; such as utility installations, paving, and/or the construction of
J� one or more structures, have. ,,,.,.,,,-,.o a.
43 Development means the making _of any material change in the appearance of any land including
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, erg e
48
M stf+iettiFe e lard er...,,*,,, 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 activities eF„ses shall be taken to involve"development":
�I a. Landclearing.
b. Clearing of land as an adjunct of construction.
c. Construction.
5 a-. 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
I4 establishments, offices or dwelling units in a structure or on land;
12 E f. 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 d-g_Commencement of drilling (except to obtain soil samples), mining or excavation on a parcel
of land;
h. Demolition of a structure;
21
22
3
22b5 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 or-aetivity, when part of another act, activity, land use,
32 or operation, , is not"development". Particular Rreference to one or
33 more types) or number(s)of land use, act(s), activity(ies), or operation pat4ietil,,,-eper-4iens is not
4 intended to limit the generality of this definition.
36 (3) For the purpose of this chapter, the following F tises shall not be taken to involve
R "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
J� 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
permitted as a minor or major conditional use or from a minor to a major conditional use;
4� 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 f. 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
I 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
9 occupancy.
9 Expansion of nonconforming use means extending a nonconforming land use to occupy a greater
14 amount of area beyond that which it occupied on the date the land use became nonconforming.
12 LandcleariLg 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
H development as the making of any material change in the apearance 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 agency and land development regulation commission.m ea-r_fhe age* y
26 design4ed to prepare and r-eN,iew t4e eempr-ehensive plan. hi t4e eeti�,t4e Weal planning agefley
39
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 or otherwise lawfully
32 established ii —istee la f illy prior to the effective date of the ordinance adopting the current
�j 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
�9 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 aproval
40 materially relevant to the land use in question , or otherwise lawfully established i*
41 *iste,,.e la f i"y 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 aetivities., 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.
53 en a par-eel of !and. The term includes, but is not limited to, buildings, roads, walkways of
I 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 as allowed by the
g 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 plainly 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 plainly 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 provisionLss,) of this Land
22 Development Code imposes greater restrictions upon O+e a subject matter than
23 imposed by t4is another definition(s) or provisionLss,) 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
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. -Nonconforming Uses.
23
24 (a) Authority to continue. Nonconforming tises-of4a*d 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
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 tise-of!an 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 e*isti*g as 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
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
M 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
�9 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
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 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
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 parking 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 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 (4) 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 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.
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.
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).
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
-1
1 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 fmal 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 fmal 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 ' Absent
31 Mayor Pro Tern Holly Merrill Raschein Yes
32 Commissioner James K. Scholl Yes
33 Commissioner Michelle Lincoln Yes
34 Commissioner David Rice Absent _
r
35 .rrp� ' (Oa
,
,.. „s am -'Va23
(, BOARD OF COUNTY COMMISSIONERS
q s OF M NROE C UNTY, FLORIDA
4tw. A0.4 _ Mayor Pro Tern
�„• " MONROE CO ATTORNEYt '.t
42 A ` " : KEVIN MADOK, CLERK APP TO FORM 9
43 � � — --1-1
44 paL,140147,4ar- .......7
PETER MORRIS
45 AS DEPUTY CLERK ASSISTANT COUNTY ATTORNEY Xs. X
Date: 6/6/23 - . C
_Sn a., C)
Ala CD
The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE CO PLANNING DEPT
102050 OVERSEAS H WY
KEY LARGO FL 33037
Account: 423741 Ticket: 3893583
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA [legal.text]
COUNTY OF MONROE
Before the undersigned authority personally appeared
Jill Kelli Di Benedetto ,who on oath says that he or she is
The legal advertising representative of the Key West Citizen,a five day newspa-
per published in Key West,in Monroe County, Florida;that the attached copy of
advertisment,being a legal notice in the matter of was published in said newspa-
per in the issues of:
Saturday,June 3,2023
Affiant further says that the Key West Citizen is a newspaper published in Key
West, in said Monroe County, Florida and that the said newspapers has hereto-
fore been continuously published in said Monroe County, Florida Tuesday thru
Saturday weekly,and has been entered as periodicals matter at the post office in
Key West, in said Monroe County, Florida,for a period of 1 year next preceding
the first publication of the attached copy of advertisement;and affiant further says
that he or she has neither paid nor promised any person,firm or corporation any
discount, rebate, commission or refund for the purpose of securing this advertise-
ment for publication in the said newspaper.
(Signature ofAffiant)
Affirmed and subscribed before me this 22nd day of June 2023
r
w ,, ' . 7
(Notary Public Signature)
Melinda Prescott
(Notary Public Printed Name)
My commission expires 8/19/2023
Personally Known X Produced Identification
Type of Identification Produced (Notary Seal)
Notary Public tate of Florida
Melinda (Prescott.
t6li
My Commission
Exp.1/1112026
KEYS CITIZEN♦WEEKEND EDITION,JUNE 3-4,2023 11A
1 If 1 F ) ae 11 1)M )I �A
City IT l
CIF,Y of Key West,FL 13oowhua st 3o
A ^H� mued p t E mission and Y West FL 340
gA CBP,peke peen wn the d elms ) it) f Meeting Agenda Planning Board
FROM PAGE lA firmed Hatfield's arrest Friday CEP pl)...and et5cers
rr ring s-v. puff mthendmieRCH I,-
'Ihewomanlaterprovided "A O.S.Cutems-and Eerder t and dis-tinctien,working Thursday,June 15,2023 5.00 PM City Hall
ncLetc frerm her mobile Protection officer was arrest dievor)day ro keep eu
phone chewing 11 missed ed while eff duty,"said the country safe." ADA Assistance:It is the policy of the City of Key West to comply with all requirements of the
phone calls from Hatfield on spokesperson."The officer has Hatfield is scheduled for Americans with Disabilities Act(ADA).Please call the TTY number 1-BGG-955-8771 or for voice
May 29,She at, Jared teat been placed en administrative arraignment befere lodge 1-BGG-955-877D or the ADA Coordinator at 3D5-8D9-3811 at least five business days in advance for
kin Hatfield to duties din theoutemeof Mark Wilton at 900 a.In, sign language interpreters,assistive listening devices,or materials in accessible format.
sages as g pending
crop calling and teating her, fire mvetifemen.CEP cB D,,D, Wednesday,tune 7. FOR VISUAL PRESENTATIONS:For City Commission meelingsthe City Clerk's Officewill need a copy
but the ccrDDd,,f tc chow he honor and integrity in every ted.lundC keysnews.com M all presentations for the agenda at least 7 days before the meeting.
- 1 IG Ca II Meeting To Order
K"sAh t�l�{4 y� E
1A H ST Approval ofMinutes
VPN4 Y E T� 4 1 May18,2023
IIIIIP���muNN�llllllllflllllll� ��m �� o- �'� `
� Action Items
MujNGjgy�,llll``plgtt( C7LlYil/$+"�dPdllt
k'MI NaM pm a I ap6�I'll t E K{l 2 Election of Planning Board Chan and Vice Chair
JI
Old Business
NOTICE OF UTILITY BOARD
3 Official Future Land Use Map Amendment and Text Amendment OHhe Comprehensive Plan-715
L AUDIT COMMITTEE MEETING Seminole Avenue(RE 8DDD3723D-DDDIDD)and 811 Seminole Avenue(RE 8DDD3716D-DDDIDD)
Consideration of an ordnance of the City of Key West Florida proposing an amendment to the
THE AUDIT COMMITTEE TURTLE UTILITY BOARD OFTHE bountlafee of the Offc al Future Land Use Map from Historic Residential to Historic Commercial
CITY OF KEY WEST,FLORIDA WILL MEET ON MONDAY to allow rezoningropewIt transientlodging and additional land uses for properties located at 715
_ JONE51h,2023,AT 1:30 P.M.IN THE KEYS ENERGY Semnole Avenue and ell Semnole Avenue,amending Comprehensive Plan Chapter l,Future
' SERVICES BOARD ROOM,LOCATED 1001 JAMES Land Use Element,Objective 111 Future Land Use Map,to provide transient rental licenses to
incentve the development of affordable workforce horsing for the parcels stated above pursuant to
STREET,KEY WEST,FL. Chapter 90,Article V1,Division 3 of the Land Development Regwatons of the Code of ordinances
of the City of Key west Honda,providing for severability,providing for the indrson In the City of
` THE PUBLIC ISWELCOME TO ATTEND Key West Comprehensive Plan,and providing for an effective date.
4 Official Zoning Map Amendment-715 Seminole Avenue(RE 8 DD13372313-13DDIDD)and 811
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Seminole Avenue(RE a DDD3716D-DDDIDD)-Consideration of an ordinance of the City of Key
NOTICE OF PUBLIC MEETING AND NOTICE OF PUBLIC HEARING West Honda proposing amendments to me borndares of the Official Zoning Map for propertiesocated at715 semmole Aven re and 811 Semm of e Aven He,amending the borndares of the Official
NOTICE OF CHANGE TO MONROE COUNTY COMPREHENSIVE PLAN Zoning Map category from IT storI Median Density Residential(HMDR)to Historic Commercial
NOTICE OF CHANGE TO MONROE COUNTY LAND DEVELOPMENT CODE To,
List(HCT)fortheparcels stated above prrsranttoChepter90,ArtoleVI Division 2ol the Land
NOTICE OF CHANGE TO MONROE COUNTY LAND USE DISTRICT(ZONING) DeveopmentRegwations of me Code of Ordinances of the City of Key West,Florida,providing for
MAP rentand conditional adoption upon adoption of comprehensive Plan amendments,providing
rorsevembi ll ty,providing loran effective date.
dare et,err+ 5 Ted Amendment of the Land Development Regulations-A request to the Planning Board to
NOTICEISXEREBYGIVENthin on Waludsley,Juud[1,GlGi,the Monme County BoaMol Courtly Comm'ssioudrswlll holdaNubllc mend an Ordm ante tothA City Commission t0 amend Chapter 122 of the Land Development
Om
Meeting,beginningat09A0AM.The BOGG.,O,,ngwillb,h,lld,nhyb,,df,,.,1 aMoos,ngtheprbliciointendeithenNaZoomWebinaror Reg U 011Ons entitled'ZOding",Article V entitled"Dlatdcts",Division entitled"Generally",Section
Inperaon lhelnpelconmeeting doll be held I the Murrny Nelson Goaemmeni Center,I-ed at 102050 Oae,-Highway Key do, 122-93 Entitled"Of(IDIa ZOdln and bountladee to allow Official Zoning Ma
IT The foll.mgitems will be consider Y the PUBLIC HEARING: zoning an 9 p
to be embedded into the Land Development Reg orations.
PUBLIC HEARINGS:09AO AM Pb,asmon UdreetRr es may be Iearrq:
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING MONROE COUNTY COMPREHENSIVE New Business
PLAN,ESTABLISHING GOAL 112,OBIECTNE 1121,POLICY 11211,0BIECTVE 1122 AND POLICY 11221,TO CREATE SITE PECIFIC
DEVEOPMENT STANDARDS,DEVATIO NS AND EXEM PLO NS FOR OCEAN REEF AS PROPOSED BY SMITH HAWKS Pt ON BEIELF OF 6 Final Determination of Award for Year l D Building Permit Allocation System(BRAS)Applications
OCEAN REEF CLUB,ING AND OCEAN REF COMM UNITY ASSOCIATION,IN G,PROVDING FOR SEVERABILI Y,PROVIDING FOR REPEAL DEVEO
OF GONE CTNG PROVISIONS,PROVIDING FORTRNSMIITAL TO THE STATE LAND PLANNING AGENCYAND THE SECRETARY OF STATE; pI Air an t0 SEcti On 108-995 and Secti On 108-997 Of tllE Lan an pmen t Re gU an iona0f the
PROVDIN G FOR IN CWSIO N IN THE MON ROE COUNTY CON PREHENSNE PLAN,PROVDIN G FOR AN EFFECTIVE DATE(FILE 2019-142) Code Of Ordinances Of the City Of Key West Florida.
AN ORDINANCE BY THE MONROE COUNTY B01RD OF COUNTY COMMISSIONERS 7 Variance ESTABLISHING MONROE COUNTS LAND -3222 Riviera Drive(REB DDD6944D-DDDDDD)-A req beet for variances t0 the maximrrr
DEVELOPMENT LOBE SECTION 130-143TAVERSERKE COMMERCIAL OVERLAY(TKCO)DISTRICT,ESTABLISHING PURPOSE AND INTENT,
BOUNDARY,APPLICABILITY,NROGO ALLOCATON STANDARD1,AS0F RIGHT AND CONDITIONAL USES,AND MAXIMUM NONRESIDENML brilding Coverage req Ul rement in Order to buld an addition to a single-family dwelling at a property
AND RESIDENTIAL DEVELOPMENT POTENTIAL FOR PROPERTIES LOCATED AT 02501 OVERSEAS HIGHWAY,KEY LARGO,APPROXIMATEff located In the Single Family zoning district,pit rsrant N Sections 90-395 and 122-238(4)a of the
MILE MARKER 025,HAVING PARCEL IDENTIRCATION NUMBERS//089490 000000 AND 00490250 00011,AS PROPOSED BY Land Development Reg hations Of the City Of Key West Florida.
SMITH/HAWKS,PL ON BEHALF OF CEMEX CODE Oil 0N MATERIALS FLORIDA RC FNt/A SINGLETARY CONCFFTE PRODUCTS NO
PROVIDING FOR SEWWIL17 PROVIDING FOR REPEAL OF CONFLICTING PROVSIONS,PROVIDING FORTRNNSMIITAL TO THE-1 L
LAND PLANNING AGENCY AND THE SECRETARY OF STATE PROVIDING FOR INCLUSION IN THE MONROE COUNTY CODE PROVIDING FOR 8 Transfer of a Transient Unit and License-A request to transfer one T)transient unit and license In
AN EFFECTIVE DATE.(FILE 2022 053) Unassigned status to a receiver site property located at 423 Front Street(R E9 00000160 000000)
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING THE MONROE COUNTY LAND USE in the Hi stork Residential Commercial Core Zoning district prrsrantt0 Sections 122-1338,122-
DISTRICT SOONG)MAP TO APPLY 111E TAVERNIER KEY COMMERCIAL OVERLAY(TKCO)DIALECT TO PROPERTY LOCATED AT 02501 1339 and 122-687 Of the Lantl Development Reg nations Of the Code Of Ordman Cee Of the City Of
OVERSEAS HIGHWA,KEY LARGO,APPROXIMATELY MILE MARKER 025,CURRENTLY HAVING PARCEL IDENTIFICATION NUMBERS Key West,Florida.
00089490 000000 AND 004G02a0-000000 AS PROPOSED BY CEMEX CONSTRUCTION MATERIALS FLORDA TO F/NA SINGLETERY
CONCRETE PRODUCTS INC.;PROVIDING FOR IEVEW IL17 PROVIDING FOR REVEAL OF CONFLICTING PROVISIONS,PROVIDING FOR
TRWSMIITALTOTHE STATE LAND PLANNINGAGENCYANDTHE SECRETARYOF STATE,PROVIDING FORAMENDMENTTOTHE LAND USE 9 Text Amendment at the Comprehensive Plan-A Resolution of the City of Key West Plann I ng
DISTRICT(ZOUNG)MNP PROVIDING FOR AN EFFECTIVE DATE(FRE2022-0a4)SEEMAPBELOW Board recommending an Ordinance t0 the City Commission t0 amend development rev
lew
AN ORDINANCE BY THE MONROE COUNTY BOARD OFCOUNTYCOMMlSSIONERSMENDING MONROE COUNTY LAND DEVELOPMENT proled Urea,dlss0 VE the Development Review Committee(DRC)and assign to the Planning Board
o D CE SECTDEFINITIONSION 101-1 DEFINITIONS AND CHAPTER 122,FLOODPWN MANAGEMENT;ARTICLE I.-IN GENERAL,SECTION 122- any quasi-j U dicia responsibilities crrrently held by the DRC by amending Comprehensive Plan
-DERNTIONS,TO UPDATETHE DEFINITION OF MARKETVAWETO BE CONSISTENT WITH THE FLORIDADIVISION OF EMERGENCY Chapter 1,entitled"FUtilre Land Use Element Objective 1-113,entitled 'Intergovernmental
NIMWGEMENT-BUREAU OF MITGATON-STATE OFFICE OF ROODPLAN MANAGEMENT S DECEMBER 2122 GUIDANCE ON Marini Coordination",Policy 1-113.6,entitled'Naval Ai-Station Key West Representation Development
V,TAND MODELFLOODPLAN MANAGEMENT ORDINANCE WHICH ISWRITTENTO EXPLICITLY HRYONAND BE COORDINATED WITH RENEW COmmIItEE',and Chat 8.-Inter I Coordination Element Goal 8-1,Entitled
THE ROOD PROVISIONS IN THE RORDA BUILDING CODE MEETING THE NATIONAL FLOOD INSURANCE PROGRAM EQNEMENTS Chapter Intergovernmental a
AND APPROVED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN 2013,PROVIDING FOR SEVEiABILI Y,PROVIDING FOR "Provide mechanisms for improved mterg Ovem mental Coordination'and Policy 8-11.3,entitled
APPLICABILITY,PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVIDING FORTRWSMIITALTO THE STATEAND PLANNING "Principles and Gridelines t0 be Used in Coordination Of Development and Growth Management
AGENCY AND THE SECRETARY OF SIAIE PROVIDING FOR AMENDMENT TO AND INCORPORATION IN THE MONROE COUNTY LAND din for aEVErdbl l din for repeal Of inconsistent d din
DEVROPMENTCODE PROVIDING FORAM EFFECTIVE DATE(FILE 2,23024J s'providing ty,providing pea provisions,an providing
loran effective date.
A tl L f th t d o e anDevelopment
Text Amendment RESOLUTION BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONSIDEFING A REQUEST BY SANDRA TUITLE TO
wNVETHEINCWSIONARYwORKFORCE HOUSINGREUIREMENTAPPLICARLETO THECHNNGE OF USE OFAe00 SQUARE FOOT PORTION l f
OF RESTAIIRNNT/COMMERCIAL RETAIL USE TO AN OFFICE USE,FOR PROPERTY LOCATE AT 24437 OVERSEAS HIGNNAY,MILE MARKER1D Tex Regulations-A Resoution of the City 0 Key West
24.5,SUGARLOW KEY,MONROE COUNTY,TORIDA HAVING PARCEL IDENTIFICATION NUMBER00194390000000(FILE 2,23-112). Planning Board recommending an Ordinance to the City Commission toamend the Land Development
AN ORDINANCE BY MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING AMENDMENTS TO MONROE COUNTY LAND Reg U l an On s to a men d devel Op men t revl ew p roced U rea,dl ssolve th E Dever Op men t Revi ew CO m mi Fee
DEVELOPMENT CODE SECTION 134-2AMENDING THE HOME OCCUPATION SPECIAL USE PERMIT REQUIREMENTS TO BE CONSISTENT (DRC and assign to the Planning Board any gUasl-J Udiclal responsibilities crrrently held by the
WITH CHAPTER 2021-202,LAWS OF RORDA SECTIONS 10254£6,TO CLARFYTHE CONTINUING PURPOSE,REGISTRATION,AND DRC,byamending Land Development Reg U rations Chapter2,entitled"Administration",ArticleVlll,
RESUIREN HNTS OF NONCONFORMING USES/STRICTURES,SECTIONS 101-1-2,TO CLARIFY CONTINUING DEFINITONS,RULES entitled"City Property",Division 3,entitled"Real Property Disposition',Section 2-940,entitled
OF CONSTRUCTION,PURPOSE,AND PFRUCABIurv,SECTION 114-1,TO CLARFYTHE CONTINUING APPLICATION OF DEVELOPMENT "SUmmary proced Ure'Chapter 30,entitled"Fire Prevention and Protection",Article I,entitled
STANDARDS TO DEVELOPMENT SECTION 118-4 TO CLARFY THE CONTINUING APPLICATION OF ENVIRONMENTAL PROTECTION
REGULAR NSTO DEVELOPMENT SECTION 130-1,TO CLARFYFFE CONTINUING APPLICATION OFLAND USED ISTHILTREOOfREMENTS "F31 se Alarms'Se 3o-9,Entitled"SchedUlEOfmapEctiOn fEEa',Chapter90,ARIDIEV Entitled
TODEJELOPM ENT PROVIDING FOR SEVEWIL17 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS,PROVDINGFORIIWNSMIITAL "Permits,CALLII'dA Of ON rpansy,Variances Appeals' Division 3,entitled'Variances'Section
TOTHESTALLANDPLANNINGAGBNCYANDTHESEOFFTARYOFSIAIE PROVIDING FORAMENDMENTT0 AND INCORPORATION IN THE 90-398,entitled"Administrative variances'Article All enfitied'Vacation of easements and right
-
MONROE 000N LAND DEVELOPMENT CODE PROVIDING FORAM EFFECTIVE DATE(FILE 2021-115) of way'Section Sec.90-587,entitled'Application and review by development review Committee'
AN ORDINANCE BY THE MONROE COUNTY BOARD OFCOUNTYCOMMISSIONERSMENDINGTHE INTRODUCTION AND BACKGROUND, Secti0n90-588,entlted'Findings Of n0 pirb11c pimpose Section90-589,entitled"PUblichearing,
AND GLOSSARY OF I HE MONROE COUNTY 203000MPREHENSIVE PLAN TO CLARIFYTHE CONTINUING APPLICATION OF THE MONROE notice and final determination by city commission' Chapter 90,entitled"Administration",
COUN72030 CON PREHBN SIVE PLAN TO DEVELOPMENT,TO CLARFY THE GENERAL AN D DEFINED TERMS SECTIONS AND TO CLARFV Article X,Entitled'Development Agreements;'Section 90-682,entitled"COntenl",Chapter 94,
CONSTRUCTION OF CONFLICTS WITH THE MONROE COUNTY CODECS),PROVIDING FOR SEVERABILI Y,PROVIDING FOR REPEAL OF
CONRICNNG PROVISIONS,PROVIDING FORTRNJSMITTAL TO THE STATE RAND PLANNING AGENCY AND THE SECRETARY OF STATE entitled"COncrrrency management",Article 11,entitled"Administration',Section 94-31,entitled
PROVIDING FORINCWSION INTHE MONROE COUNTY COMPREHENSIVE PLAN,PROVIDING FORAM EFFECTIVE DATE(FILE 2023-127) "Responsibilities Of city/planner and Sect On 9432,entitled"Application for concrrrency
LOCATION MAP reV w'Chapter 108,entitled"Planning and Development",Article 11,entitled"Development Plan',
D i 3, tti d'Applicability andfiling p etl Section 10893 entitled'Filing application
K Ler9 r( I� 7 (� d fee S t 101 94, tti tl R by t ff. Section 108 95entitled'Performance
Pp OM 5 g tee. Ch pt 118,ALL tl S bd... At 11,entitled'Administration' Division...
tined w Mar t tin 11870, tti d R 1 t f tech l
I es
by administrative offi 1. d Article 111,entitled Plats and Plans' Division 2 entitled`Lot
IFI-1a Split and Minor Srbdvsion P tl res Section 118169,entitled'Lot splits'Chapter 122,
I I entltetl'Zoning' Article 11 entitled Nonconf it Section 122 28 entitled'Replacement
l i t reoonet t Article III,entitled Oondt I LA S t 12263, ttl tl Rvew,
�.anavy tit )I enforceme t and Article entitled SirpIdementary district r q t Division 6 entitled
I Tans AntU n It Sect on 1221340,ent if Ad'D ever op men t revi ew cc mmFee an d pl an n I ng board
and by repeal I ng Sect on 10861,An IF Ad Establ I sh etl an d mein be An I p. Sect on 108
1 62 Anil if etl Off ces and proctl Sect on 108 63 en ttitl Powers an d D Ut es.,an d Section
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j v.I by creatingS ti 10861,e titled'Coordinatedd Ip t review applicability.,S t 108
,s✓ T 62 entitled'Coordinated development i pirpose and intent and Section 108 63 entitled
k 0008949 0.0 0000 it 'Coordinated development proced U res' and Section 108 64 entitled 'Development
review Ay
meeting' antlSection 108 65 enfitled General considerations' antlSection 108 66,
entitled'Life Safety Chapter 108,enfitietl Planning tlDevelopment',Atcle 11,
%00490250-Op000p entitled'Development Plan',Division 2,entitled'Development Review CommtteE providing for
Pl-v'sU tie M...County Webstle et wuw.monmemurUy-fl.gw far ruderil mind.uptlatesantl inlnrmation m9anling conc I Len tand conditional adopt)On U Pon adopti On Of CO mp 2h An sine pl an amen d men provl dl net
th,variousoours availabb title phone E. tie lire neetin9 amba,to make public comrvot, cerrainahend.items. to ts severa E I Ity,provlding for repeal Of I n con al stent p mvi Si on a',p rovl d I ng to r an effective d ate.
Pursuant to Section 288.0105 E diida Statutes,it a person decrdes to appeal any decrcion o11he Board o1 County Commissioners,with
recpectW anymanerconsidaredat the meeting or hearing,he or she will need a record of the proceedings,and Uhl for such purpose, Discussion Items
mayneed to ensure-rioim record o11he proceedings is made,which record m,ludec the tenimony 6exd,n,,upon which
theappeal la m be based 11 Revise December Planning Board meeting date from December 14,2023 to December 12,2023
AN ASSI Inal IF goo are a persm wAh a Lisahility who rreMs spetlal accommo.1atims Is omos,to partkipate in this
pmceefirg,please-at the C,acyALminis(rato/s olfire,hyphening(305)Y9Y-044f,het.the hours d Can a.m.--
ods,noonr(hanfive(5)calerLa D,priorto the eavaRiM me.Virg;Ayoo am h-ce,or vokbe impaimM call"J1f." Adjournment
GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
July 14, 2023
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance 015-2023 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.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular
meeting, held in formal session, on November 15, 2022. Should you have any questions please
feel free to contact me at(305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court& Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by: Liz Yongue, Deputy Clerk
cc: Planning and Environmental Resources
County Administrator
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
August 3, 2023
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Young
Dear Kevin Madok,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 015-2023, which was filed in this office on August 2,
2023.
Sincerely,
Anya Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Final Order No. COM-23-33
STATE OF FLORIDA
DEPARTMENT OF COMMERCE
In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA, rrrs
ORDINANCE NO. 015-2023 C
47,
:-� s... (-7
FINAL ORDER '.,. O
N CD
APPROVING MONROE COUNTY ORDINANCE NO. 015-2023
The Florida Department of Commerce ("Commerce") hereby issues its Final.Order,
pursuant to sections 380.05(6), Florida Statutes, approving land development regulations adopted
by Monroe County, Florida, ("County") Ordinance No. 015-2023 (the "Ordinance").
FINDINGS OF FACT
1. The Florida Keys Area is designated by Section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on June 21, 2023, and rendered to
the Commerce on July 27, 2023.
3. The Ordinance modifies several sections in the County's Land Development Code
(the "Code") to clarify the definitions of various terms and to clarify various provisions. In
addition, the Ordinance amends Section 134-2 of the County's Code to comply with section
559.955, Florida Statutes, which relates to the requirements for home-based businesses and the
restrictions on local governments regarding the regulation of home-based businesses.
4. The Ordinance also amends Sections 118-4 and 130-1 of the County's Code to
prohibit any development or development-related activities in submerged lands, mangroves, salt
1
Final Order No. COM-23-33
ponds, freshwater wetlands, freshwater ponds, or in undisturbed salt marsh and buttonwood
wetlands.
CONCLUSIONS OF LAW
5. Commerce is required to approve or reject land development regulations that are
adopted by any local government in an area of critical state concern. See §§ 380.05(6), Fla Stat.
6. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. § 380.031(8), Fla. Stat. The regulations
adopted by the Ordinance are land development regulations.
7. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, as required by Section 163.3177(1), Florida Statutes, and specifically, with Goal 101.
8. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
§§ 380.05(6), Fla Stat. The Principles for Guiding Development for the Florida Keys Area of
Critical State Concern are set forth in Section 380.0552(7), Florida Statutes.
9. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(d) Ensuring the maximum well-being of the Florida Keys and its citizens
through sound economic development.
(f) Enhancing natural scenic resources, promoting the aesthetic benefits of the
natural environment, and ensuring development is compatible with the unique historic
character of the Florida Keys.
(h) Protecting the value, efficiency, cost-effectiveness, and amortized life of
existing and proposed major public investments, including:
2
Final Order No. COM-23-33
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.
WHEREFORE,IT IS ORDERED that the Commerce finds that Monroe County Ordinance
No. 015-2023 is consistent with the Monroe County Comprehensive Plan and Principles for
Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED.
This Order becomes effective 21 days after publication in the Florida Administrative
Register,unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
411110
_war
A,LA / trik1111/
es D. tansbury, Chief S'
ureau of Community Planning and Growth
Florida Department of Commerce
3
Final Order No. COM-23-33
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28-106.104(2), 28-106.201(2), AND 28-106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE FLORIDA
DEPARTMENT OF COMMERCE WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
FLORIDA DEPARTMENT OF COMMERCE
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399-4128
FAX 850-921-3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
4
Final Order No. COM-23-33
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 22,4 day ofct6tr , 2023.
Age cy Clerk
Florida Department of o merce
107 East Madison Street, MSC 110
Tallahassee, FL 32399-4128
By.U.S. Mail:
The Honorable Craig Crates
Mayor, Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
Kevin Madok, Clerk
Monroe County
500 Whitehead Street, Suite 102
Key West, Florida 33040
5