Item P3 P3
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE 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
July 19, 2023
Agenda Item Number: P3
2023-1096
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper
yes
AGENDA ITEM WORDING: A Public Hearing to Consider Approval of a Resolution Transmitting
to the State Land Planning Agency an Ordinance by the Monroe County Board of County
Commissioners Amending the Glossary of the 2030 Monroe County Comprehensive Plan to Amend the
Definition of Accessory Use or Accessory Structure to allow limited additional uses and structures on
vacant lots. 10:00 A.M. TIME APPROXIMATE.
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to the
Glossary of the 2030 Comprehensive Plan, to amend the definition of accessory use or accessory
structure to allow for additional accessory uses and structures on vacant platted lots.
See attached Staff Report for analysis and proposed comprehensive plan text amendment language.
PREVIOUS RELEVANT BOCC ACTION:
At the April 20, 2022, BOCC meeting, the BOCC discussed potential uses on vacant lots and provided
direction to the professional staff to proceed with text amendments to the Comprehensive Plan and
Land Development Code.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendment.
5110
DOCUMENTATION:
2022-093—SR—BOCC-07.19.23.docx
Companion LDC Text Amendment Language.docx
2022-093—Transmittal—Reso.pdf
2022-093—Exhibit A. to Transmittal Resolution --- Ordinance (Draft).docx
FINANCIAL IMPACT:
N/A
5111
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2 �1JlJllllllllllllllll,��������lllllllllllllllllllllllllll���� � t � J� %%/////////���llllllllllllllllll ! ��llllUl���
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10
11 Through: Emily Schemper, AICP, CFM, Senior Director of Planning and Environmental Resources
12
13 From: Cheryl Cioffari, AICP, Assistant Director of Planning
14
15 Date: July 3, 2023
16
17 Subject: An ordinance by the Monroe County Board of County Commissioners amending the
18 Glossary of the 2030 Monroe County Comprehensive Plan amend the definition of
19 accessory use or accessory structure (File 2022-093)
20
21 Meeting: July 19, 2023
22
23
24 I. REQUEST
25
26 The Monroe County Planning &Environmental Resources Department is proposing amendments to the
27 Glossary of the 2030 Comprehensive Plan, to amend the definition of accessory use or accessory
28 structure to allow for additional accessory uses and structures on vacant platted lots.
29
30
31 II. BACKGROUND INFORMATION
32
33 At the April 20, 2022 BOCC meeting, Staff prepared an agenda item to for the BOCC to discuss and
34 provide direction to staff on potential options and concepts for accessory uses and structures on vacant
35 parcels from which development rights have been removed. The idea of using such parcels on the
36 shoreline for docking facilities was specifically mentioned, but the possibility of additional types of uses
37 was requested to be discussed.
38
39 Currently, the Comprehensive Plan Land Development Code allows accessory uses and/or structures to
40 be placed on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal
41 structure. Contiguous parcels do not include parcels across the street. Docking facilities, however, may
42 also be permitted on adjacent lots/parcels, which include parcels across the street from a residence,
43 provided certain criteria established in the LDC are met [Ref. LDC Sec. 118-12(m)(5)].
44
45 The BOCC requested Staff expand the potential accessory uses and structures beyond docking facilities
46 and specified some potential criteria to consider:
47 • Limit to platted subdivisions within the Improved Subdivision (IS) and Urban Residential-
48 Mobile Home (URM) land use (zoning) districts;
49 • Located on the same Key/Island as the lawfully established principal use;
BOCC SR 07.19.2023 Page 1 of 6
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5112
1 • Not allowed on Tier I parcels;
2 • No clearing of habitat;
3 • Require the retirement of development rights;
4 • Prohibit rental to a third parry;
5 • Require a building permit to establish the use;
6 • Require building permit number to be displayed; and
7 • Potential Uses
8 o Docking facilities with electric, water and parking associated with the use of the
9 docking facility;
10 o Parking for boat trailer(s) for boats using dock/docking facility;
11 o Limited storage deemed non habitable space such as sheds and garages;
12 o Play structures,pergolas, tiki/chickee huts, seating areas with permanent structures such
13 as benches and pavers;
14 o Pools included as a part of a lawfully established homeowner's park
15 o Garden (already allowed if part of homeowner's park)
16 o Homeowners parks (already allowed)
17
18 Community Meeting and Public Participation
19 In accordance with LDC Section 102-159(b)(3), a Community Meeting for the Comprehensive Plan and
20 Land Development Code text amendments was held on February 7, 2023 and provided for public input.
21 There were ten (10) members of the public in attendance. Comments from the public included total
22 amount of accessory uses on one lot, utilization for commercial purposes, multiple lots linked to one
23 principal lot, utilization of lots by non-owners and concerns regarding enforcement of limited uses.
24
25 Development Review Committee Meeting and Public Participation
26 The Development Review Committee considered the proposed amendment at a regular meeting on April
27 25, 2023.
28
29 Planning Commission Meeting and Public Input
30 The Planning Commission considered the proposed amendment at a regular meeting on May 24, 2023
31 and did not provide a recommendation. However, during the discussion, the four of the five Planning
32 Commissioners had general consensus on the following which are related to the proposed companion
33 LDC Text Amendment:
34 1. The associated vacant platted lot must include trash removal;
35 2. To limit unenclosed structures to a cumulative total of 300 square feet; and
36 3. Remove the allowance for an enclosed structure.
37
38 The inclusion of trash (solid waste) removal would require an amendment to Monroe County Code of
39 Ordinances Chapter 1 to require notification for a solid waste assessment at the time of building permit
40 issuance.
41
42 Previous Relevant BOCC Actions
43 At the April 20, 2022 BOCC meeting, the BOCC discussed potential uses on vacant lots and provided
44 direction to Staff to proceed with text amendments to the Comprehensive Plan and Land Development
45 Code.
46
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5113
1
2 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
3
4 Proposed Amendment(additions are shown �ticle��pigecl* deletions are in rechll�itril�e in �rrc� �,,
5
6
7 Glossary
g
9 Accessory Use or Accessory Structure means a use or structure that:
10 (1) Is subordinate to and serves an existing principal use or principal structure; and
11 (2) Is subordinate in area, extent and purpose to an existing principal use or principal structure served
12 (for this definition docks, pools, pool decks, driveways are excluded from total area); and
13 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or principal
14 structure served; and
15 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel
16 on which the principal use or principal structure is located; and
17 (5)Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal
18 structure, excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant
19 to section 118-12 of the County's LDC; and
20 (6) Is located in the same land use (zoning) district as the principal use or principal structure, excluding
21 off-site parking facilities pursuant to section 114-67 of the County's LDC: or
22 (7) 1c ...uti ffic $ijb�livisi tl (15) p,Hl l 1JSe Mist icfi..ort� ie...LIrb ig ��esi lend iV /"ii obde
23 1;�om ....4. I� V,Hlcl:..use ...�Iist rci), is otle ol:, t�le sp iljc....uses or strU ores ..exa .� y [2�L litt cl:
c ^ 3 8� qi cc tog 130 9 � � sup �' � �n
P ��, c�ic�i �����:
24 ,:����rrc����:,ri i�� s.'cfiu����...p wGD �, ... � �� i...� 7'�����,�y � �]�7' ����. ,,�rr� u����ic u�� �I�rrc
cfir:ucfiurc�..scrcci G„dob t,cus c c:�..uuiuiuo..
26 ,....�Jrivew gyp ire,0:
27 (78;) Accessory uses/structures shall not include secondary dwelling units or lock-out units or any other
28 habitable structures that are occupied by a separate and independent household.
29
30 *****
31
32 IV. ANALYSIS OF PROPOSED AMENDMENT
33
34 Based on the request of the BOCC and the limited addition of accessory structures uses,minimal changes
35 are required to the Comprehensive Plan. An amendment to the definition is necessary to allow for
36 accessory uses and structures on parcels that are not contiguous or adjacent. The proposed changes
37 amend the definition to allow for flexibility to be established within the LDC.
38
39
40 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
41 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
42
43 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
44 County 2030 Comprehensive Plan. Specifically,it furthers:
45
46
47 GOAL 101
48 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
49 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
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1
2 Policy 101.8.9
3 Accessory uses or structures associated with a lawful nonconforming principal use may be permitted if in
4 compliance with the LDC.
5
6 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
7 Area, Section 380.0552(7), Florida Statutes.
8
9 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
10 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
11 no specific provision shall be construed or applied in isolation from the other provisions.
12
13 (a) Strengthening local government capabilities for managing land use and development so that local
14 government is able to achieve these objectives without continuing the area of critical state concern
15 designation.
16 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
17 wetlands, fish and wildlife, and their habitat.
18 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
19 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
20 their habitat.
21 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
22 development.
23 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
24 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
25 ensuring that development is compatible with the unique historic character of the Florida Keys.
26 (g) Protecting the historical heritage of the Florida Keys.
27 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
28 public investments,including:
29 1. The Florida Keys Aqueduct and water supply facilities;
30 2. Sewage collection, treatment, and disposal facilities;
31 3. Solid waste treatment, collection, and disposal facilities;
32 4. Key West Naval Air Station and other military facilities;
33 5. Transportation facilities;
34 6. Federal parks,wildlife refuges, and marine sanctuaries;
35 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
36 8. City electric service and the Florida Keys Electric Co-op; and
37 9. Other utilities, as appropriate.
38 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
39 replacement of stormwater management facilities; central sewage collection; treatment and disposal
40 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
41 disposal systems.
42 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
43 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
44 applicable, and by directing growth to areas served by central wastewater treatment facilities through
45 permit allocation systems.
46 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
47 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
48 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
49 manmade disaster and for a post disaster reconstruction plan.
50 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
51 Florida Keys as a unique Florida resource.
52
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I Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
2 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
3
4 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
5 Specifically, the amendment furthers:
6
7 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
8 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
9 public interest; overcome present handicaps; and deal effectively with future problems that may result from
10 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
11 it is intended that units of local government can preserve, promote, protect, and improve the public health,
12 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
13 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
14 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
15 protect natural resources within their jurisdictions.
16
17 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
18 out in this act and that no public or private development shall be permitted except in conformity with
19 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
20
21 163.3177(1),F.S.—The comprehensive plan shall provide the principles,guidelines,standards, and strategies
22 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
23 area that reflects community commitments to implement the plan and its elements. These principles and
24 strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
25 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
26 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
27 government's programs, activities,and land development regulations will be initiated,modified,or continued
28 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
29 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
30 programs, activities, and land development regulations that will be part of the strategy for implementing the
31 comprehensive plan and the principles that describe how the programs, activities, and land development
32 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
33 development of land and provide meaningful guidelines for the content of more detailed land development
34 and use regulations.
35
36 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.
37 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
38 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
39 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
40 for the development of land or the adoption and enforcement by a governing body of a land development code
41 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
42 plan as required by this act.
43
44
45 VL PROCESS
46
47 Comprehensive Plan Amendments may be proposed by the Board of County Commissioners, the
48 Planning Commission, the Director of Planning, or the owner or other person having a contractual
49 interest in property to be affected by a proposed amendment. The Director of Planning shall review and
50 process applications as they are received and pass them onto the Development Review Committee and
51 the Planning Commission.
52
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5116
I The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
2 the application, the reports and recommendations of the Department of Planning & Environmental
3 Resources and the Development Review Committee and the testimony given at the public hearing. The
4 Planning Commission shall submit its recommendations and findings to the Board of County
5 Commissioners (BOCC). The BOCC holds a public hearing to consider the transmittal of the proposed
6 comprehensive plan amendment, and considers the staff report, staff recommendation, and the testimony
7 given at the public hearing. The BOCC may or may not recommend transmittal to the State Land
8 Planning Agency. The amendment is transmitted to State Land Planning Agency, which then reviews
9 the proposal and issues an Objections, Recommendations and Comments (ORC) Report. Upon receipt
10 of the ORC report, the County has 180 days to adopt the amendments, adopt the amendments with
11 changes or not adopt the amendment.
12
13
14 VIL STAFF RECOMMENDATION
15
16 Staff recommends approval of the proposed amendment.
17
18
19 VIIL EXHIBITS
20
21 1. Companion LDC Text Amendment Language (File 2022-094)
22 2. Transmittal Resolution
23 3. Draft Ordinance
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5117
Companion LDC Text Amendment Lan2ua2e (File 2022-094)
Proposed Amendment (deletions are in ied sli�il(.e ihiro�t�idd; additions are shown in red Underline);
text that is not recommended by staff is shown in pLrle underline.
Chapter 101 —General Provisions.
Section 101-1. Definitions.
Accessory use or accessory structure means a use or structure that:
(1)Is subordinate to and serves an existing principal use or principal structure; and
(2) Each individual accessory use or accessory structure as well as in total/combined, is
subordinate in area(for this definition docks,pools, pool decks, driveways are excluded from the
total area), extent and purpose to an existing principal use or principal structure served; and
(3) Contributes to the comfort, convenience or necessity of occupants of the principal use or
principal structure served; and
(4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the
lot/parcel on which the principal use or principal structure is located; and
(5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or
principal structure, excluding accessory docking facilities that may be permitted o� ,gipdii°ex...ti ...pursuant to sc tiou H2 ����ed M
W'iw �o L30- 3 ::;red L.30--99i and
(6) Is located in the same land use (zoning) district as the principal use or principal structure,
excluding off-site parking facilities pursuant to sc rt��u 1 �7 x r ��d accessory aa.���
..
d`ur:ih ies ffia� niay be on-ii ' 'L I' r�EiW �(.b..�se ( lion � �8 ..�T �unt�:.� x� Ir�u<�in
M.°CCSS(�IY...:ruSCS 01' Sh°rK;.W IVS CXPI°r^�Jy [,'M'nJued in ffie IS or UM....Juued Use d' �.°;jj� I'ru1°Sruuuw dab
� 3Q...
L(,",).U�),) Budd � 30-99(a,)(J D.�.
Accessory uses include the utilization of yards for home gardens, provided that the produce of
the garden is for a non-commercial purpose. In no event shall an accessory use or structure be
established prior to the principal use to which it is accessory. With approval from the Planning
Director, an accessory use or structure may continue if its principal use or structure is
discontinued or removed for redevelopment, provided that the owner is moving forward with
continual development and with active concurrent permits for redevelopment of a principal use
or structure. Accessory uses shall not include secondary dwelling units or lock-out units or any
other habitable structures that are occupied by a separate and independent household.
Park means an active or passive recreational facility operated for the benefit of the general
public by a public or quasi-public agency. Me del'in&�ion (�I' dark 111IO also ie(jrude Irorrremi'rlerr�."
1ryj- l'or ffiC ruSC:...ol a habnicr.b.wee r "...assa.br,. a�i(bn,...c onda�:nini nUnl '1SS0(i,,iu n abr
uussa,:bc iau ion, and... III no case...,shall :r 1,':a°k...be r^s�aIbhshed in a differew: I°ja ed SUbdivisl n
ab� g a2g!' j,'Lc ad...ar a .froni where ffie ha:r.:ni ow:n rs' .�.��sso ia;ia�n, condarnnnMnl Russo iauon or
ids °niniar mrir^mr�ilbers reside,
Chapter 118 —Environmental Protection.
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Page 1 of 17
5118
Article I. —In General.
Sec. 118-12—Shoreline Setback.
(c) Accessory structures. Accessory structures, as defined in S(,,c� ��...........�_Q.]-J, within the
shoreline setback shall be constructed at a foundation height not to exceed 18 inches above
existing grade and shall meet the following design criteria:
(1) Along lawfully altered shorelines adjacent to manmade canals, channels, and basins:
a. In no event shall the total, combined area of all structures occupy more than 60
percent (60%) of the upland area of the required 20-foot shoreline setback.
b. Accessory structures, including, but not limited to, pools, spas, and any screen
enclosure over pools or spas shall be set back a minimum of ten(10)feet, as measured
from the MHW line. With the exception of docks and erosion control structures, an
accessory structure other than those listed above not exceeding 18 inches in height as
measured from grade may be permitted within the 20-foot shoreline setback if the
structure is situated at least one (1) foot from the MHW line and constructed to avoid
any off-site discharge of stormwater from the subject parcel in accordance with
Section 114-3.
c._At grade decks not exceeding 6 inches in height as measured from grade may be
permitted within the shoreline setback if the structure is situated at least one (1) foot
from the MHW line and constructed to avoid any off-site discharge of stormwater
from the subject parcel in accordance with Section 114-3.
(2) Along open water shorelines not adjacent to manmade canals, channels, or basins,
and which have been altered by the legal placement of fill, and where a mangrove fringe
of at least ten (10) feet in width exists, or native vegetation exists or is planted and
maintained in a ten-foot (10) width across the entire shoreline of the property and is
placed under a grant of conservation easement running in favor of the County:
a. In no event shall the total combined area of all structures occupy more than 30
percent (30%) of the shoreline setback required for the principal structure.
b. Accessory structures other than docks and erosion control structures shall be set
back a minimum of 15 feet as measured from the MHW line or the landward extent
of the mangroves, whichever is farther landward, and shall be located in upland areas.
An exception shall be made for a maximum four-foot-wide walkway to the shoreline
or docking facility constructed in accordance with Section 118-12(m)(6). One
walkway shall be permitted per 100 linear feet of shoreline.
(3) Along open water shorelines not adjacent to manmade canals, channels, or basins,
and which have been altered by the legal placement of fill, and where no mangrove fringe
exists, and no conservation easement of native shoreline vegetation exists pursuant
to....., ,ccti . ........... ...:..12(b)(4)b.:
a. In no event shall the total combined area of all structures occupy more than 30
percent (30%) of the shoreline setback required for the principal structure.
b. Accessory structures other than docks and erosion control structures, shall be set
back at least half the distance of the setback required for the principal structure, or 15
feet, whichever is greater, as measured from the MHW line, and shall be located in
upland areas. An exception shall be made for a maximum four-foot-wide walkway
File 2022-094
Page 2 of 17
5119
connecting the developed area to a dock or water access structure constructed in
accordance with Section 118-12(m)(6).
(4) Along unaltered or unlawfully altered shorelines:
a. In no event shall the total combined area of all structures occupy more than 30
percent (30%) of the shoreline setback required for the principal structure.
b. Accessory structures other than docks and erosion control structures, shall be set
back a minimum of 25 feet, as measured from the MHW line or the landward extent
of the mangroves, whichever is farther landward, and shall be located in upland areas.
An exception shall be made for a maximum four-foot-wide walkway connecting the
developed area to a dock or water access structure constructed in accordance with
Section 118-12(m)(6).
(d) Stormwater and pollutant runoff. All structures shall be designed such that stormwater
and pollutant runoff is contained on site, consistent with the stormwater management
standards of this Land Development Code. Pools, spas, fish cleaning tables, and similar
pollutant sources shall not discharge directly into surface waters. Structures should be made
of permeable materials, whenever practical, to allow the infiltration of stormwater runoff.
(e) Applicability of open space and bufferyard requirements. All structures within the
shoreline setback shall be located such that the open space ratios for the entire parcel and all
scenic corridors and bufferyards are maintained.
(f) Enclosed structures and gazebos. No enclosed structures, other than a dock box of five
feet or less in height, a screened gazebo, and a screen enclosure over a pool or spa, shall be
allowed within the shoreline setback. Gazebos must be detached from any principal structure
on the parcel. No decks or habitable spaces shall be constructed on the roof of any gazebo.
Any individual gazebo within the shoreline setback shall not exceed 200 square feet in area
and the highest portion of the roof shall be no more than 12 feet above grade. Screen
enclosures over pools shall not exceed 12 feet in height. Multiple gazebos within the
shoreline setback shall be a minimum of 10 linear feet from each other.
(g) Boat shelter criteria. Non-enclosed boat shelters may be erected only over a cut-in boat
slip, basin, or ramp and may not extend into the adjacent waterbody beyond the mouth of the
cut-in area, nor extend over any mangroves, seagrasses or hardbottom communities. The roof
and supporting members of a boat shelter may extend up to two feet (2 ft) into the shoreline
setback around the perimeter of a boat basin or boat ramp. No decks or habitable spaces shall
be constructed on the roof of any boat shelter. The highest portion of the roof of any boat
shelter shall be no more than 12 feet above grade.
(h) Preservation of native vegetation. Structures shall be located in existing cleared areas
before encroaching into native vegetation. The remaining upland area of the shoreline
setback shall be maintained as native vegetation or landscaped areas that allow the infiltration
of stormwater runoff.
(i) Applicability of side yard setbacks. Side yard setbacks required pursuant to, rl1a. t�,,.r
131 shall be maintained for all structures in the shoreline setback except for docks, seawalls,
fences, and retaining walls. Pier docks and mooring facilities such as davits, elevator lifts,
floating boat lifts and floating vessel platforms shall be set back a minimum of five (5) feet
from the side property lines (including the property line as extended into the water
perpendicular to the shore), or as specified within c.c ion i I I -12„(m) Docking Facilities,
whichever is greater.
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5120
0) Tidal flushing and circulation. Shoreline structures shall be designed to protect tidal
flushing and circulation patterns. Any project that may produce changes in circulation
patterns shall be approved only after sufficient hydrographic information is available to allow
an accurate evaluation of the possible impacts of the project. Previously existing manmade
alterations shall be evaluated so as to determine if more hydrological benefits will accrue
through their removal as part of the project.
(k) Bulkheads, seawalls, and riprap. Bulkheads, seawalls or riprap shall be permitted,
provided that:
(1) Bulkheads, seawalls and/or riprap may be allowed without a principal use where it is
demonstrated that their purpose is necessary for erosion control. Any attachments to
seawalls or bulkheads, such as davits, cleats, and platforms, or any other elements that
constitute docking facilities shall not be allowed except as accessory to a principal use.
Seawalls without a principal use may have a cap of no more than two feet in width.
(2) Existing grade landward of the bulkhead shall be at least six inches lower than the top
of the bulkhead.
(3) Vertical type seawalls or bulkheads shall be permitted only to stabilize severely
eroding shorelines and only on manmade canals, channels, or basins. Such seawalls or
bulkheads shall be permitted only if native vegetation and/or riprap and filter cloth is not
a feasible means to control erosion. No new seawalls, bulkheads, or other hardened
vertical structures shall be permitted on open water.
(4) Lawfully existing, deteriorated seawalls and bulkheads may be repaired and/or
replaced and are exempt from the nonsubstantial improvements limitations except on
known or potential sea turtle nesting beaches. Repairs and/or replacements must maintain
the existing footprint to the maximum extent practicable.
(5) Whenever feasible, riprap, bulkheads, retaining walls and seawalls should be placed
landward of any existing mangroves or wetland vegetation. Native upland, wetland, and
aquatic biotic communities shall be preserved to the maximum extent possible.
(6)Wherever feasible, riprap shall be placed at the toe of solid seawalls to dissipate wave
energy and provide substrate for marine organisms.
(7) No seawalls, bulkheads, riprap or other shoreline hardening structures shall be
permitted on or waterward of any portion of any beach berm complex that is known to
be or is potential nesting area for marine turtles as determined by the County Biologist,
the state, and/or other appropriate agencies. Within known or potential nesting areas, the
County Biologist may, in cooperation with the Florida Department of Environmental
Protection, determine that specific segments of shorelines have been previously lawfully
altered to such a degree that suitable nesting habitat for marine turtles is no longer
present. In such cases, the County Biologist in cooperation with the Florida Department
of Environmental Protection may recommend reasonable measures to restore the nesting
habitat. If such measures are not feasible, the setback requirements of this subsection do
not apply. Restoration of suitable nesting habitat shall be required for unlawfully altered
beaches.
(8) Beach renourishment projects on open water may be approved only upon a
determination by the County Biologist that the project has a valid public purpose that
furthers the goals of the Monroe County Comprehensive Plan.
(9)All such projects shall require state and/or federal permits prior to the commencement
of development or construction and prior to the issuance of a county 'Notice to Proceed.'
File 2022-094
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5121
(1) Boat ramps. Boat ramps shall be permitted provided that:
(1) All boat ramps shall be located and designed so as not to create a setback
nonconformity for existing structures from the new MHW line created by the boat ramp.
(2) All boat ramps shall be confined to shorelines of manmade canals, channels, and
basins with little or no native vegetation.
(3) The width of boat ramps, including side slopes, shall be limited to 15 feet, except that
ramps serving commercial uses, public uses, or more than three dwelling units may be
35 feet in width.
(4) All above-water ramp, side slope or wall structures shall be located landward of the
original MHW line. This area shall be subtracted from the total area allowed for structures
in the shoreline setback in S.c.c,fii„fir i I I -12(c).
(5) A maximum of two accessory docks, abutting either or both sides of the ramp, are
allowed provided setback requirements are met. These docks may extend beyond MHW,
ctioai 1 1 -1 O(d).
but shall comply with all requirements of this Section and...........................................................................................................
(6) Construction of a boat ramp shall not involve any filling of surface waters except for
the minimum amount needed for the actual boat ramp surface, side slopes,walls or pilings
for accessory docks. Walls may not exceed two feet in width.
(7) Dredging shall be limited to the minimum amount necessary to construct the boat
ramp and may not exceed 100 cubic yards of total excavation above and below MHW.
No dredging of submerged grass beds or hardbottom communities shall be allowed.
(8) All such projects shall require approval by the Florida Department of Environmental
Protection and the U.S.Army Corps of Engineers prior to commencement of construction
and/or issuance of a County 'Notice to Proceed.'
(m) Docking facilities. Docking facilities shall be permitted, provided that:
(1) Permit. All required permits from the Florida Department of Environmental
Protection and Army Corps of Engineers shall be obtained prior to commencement of
construction and/or issuance of a County permit or 'Notice to Proceed.'
(2) Width. Docks shall not exceed ten percent (10%) of the width of the waterbody as
measured laterally across the waterbody from the point of mean low water(MLW) of the
proposed location of placement, prior to construction of any dock, to the opposing point
of mean low water, prior to construction of any dock. The County Biologist shall use the
best available data to determine the point of MLW prior to construction of docks. Along
open water shorelines adjacent to manmade waterways where no breakwater, rip-rap, or
structure(s) exists along the outside of the waterway, the opposing point of mean low
water shall be measured as the edge of the lawfully dredged area.
(3) Setback Requirements. No vessel shall be moored or docked or otherwise secured to
a mooring facility in such a way that the vessel extends beyond the side property lines
(including the property line as extended into the water perpendicular to the shore).
a. Davits shall be set back from the side property lines (including the property line as
extended into the water perpendicular to the shore) the same distance as the required
principal structure setback on the property or five feet (5 ft), whichever is greater,
except that one (1) davit support may be located within five feet(5 ft) of the property
line provided the davit arm is designed to swing to the interior of the property.
b. Elevator lifts shall be set back a minimum of 7.5 feet from the side property lines
(including the property line as extended into the water perpendicular to the shore),
except that personal watercraft lifts with a maximum capacity of 1,500 pounds shall
File 2022-094
Page 5 of 17
5122
be set back a minimum of five (5) feet from the side property lines (including the
property line as extended into the water perpendicular to the shore).
c. Floating boat lifts and vessel platforms shall be set back from the side property
lines (including the property line as extended into the water perpendicular to the
shore) a minimum of 10 feet, if installed laterally and a minimum of five (5) feet, if
installed perpendicular to the shoreline, so as not to create a navigational hazard.
d. 4-post hoists/cradle lifts shall be permitted on parcels that are a minimum of 70
feet wide and are located on manmade waterways that are 60 feet wide or greater. 4-
post hoists/cradle lifts shall be set back a minimum of 7.5 feet from the side property
lines (including the property line as extended into the water perpendicular to the
shore). 4-post hoists/cradle lifts shall also be permitted on parcels located on open
water shorelines (not adjacent to manmade canals, channels, or basins), and if
installed perpendicular to the shoreline shall be set back a minimum of five (5) feet
from the side property lines (including the property line as extended into the water
perpendicular to the shore).
(4) Navigable portion. No dock together with a moored vessel and/or lift structure shall
preempt more than 25 percent of the navigable portion of a waterbody. As used in this
section, navigable portion is measured laterally across the waterbody from the point of
mean low water prior to construction of any dock, to the opposing point of mean low
water,prior to construction of any dock. The County Biologist shall use the best available
data to determine the point of mean low water prior to construction of docks. Along open
water shorelines adjacent to manmade waterways where no breakwater, rip-rap, or
structure(s) exists along the outside of the waterway, the opposing point of mean low
water shall be measured as the edge of the lawfully dredged area.
(5)Adjacent parcel. Notwithstanding the provisions of the definitions of"accessory use
or accessory structure" and"adjacent parcel" in ,cctOp I_��_�-_�, docks or docking facilities
may be constructed on adjacent parcels under the same ownership and within the same
land use(zoning)district,provided that a legally I,iw::I'LL I established principal use and/or
structure exists on one parcel. In the event that ownership of the adjacent parcel
containing such an accessory dock is severed from the parcel containing the principal
use/structure, the dock and any other improvements must be removed and the shoreline
��% wins compliance with
restore unless the � � ���;b�°���°�. owner .°° � �����ntu
the adjacency requirements of this Section.
Utilities may be permitted for docks or docking facilities located on such adjacent
parcels, however limited in the following manner:
a. The principal use served by the accessory dock or docking facility shall be a single-
family residence or two-family residence (duplex).
b. Electrical service shall be limited to 30 amperes service with a maximum of two
circuits. Electric service may be permitted for dock or docking facility use only and
shall not be used to service appliances such as, but not limited to, bait boxes or
freezers.
c. Water service shall be limited to a % inch meter with back-flow preventer which
shall provide service to a single-hose bib located at the dock or docking facility.
d. Use of the dock or docking facility shall be restricted to occupants of the principal
residential use. Use by any other persons or entities is expressly prohibited.
File 2022-094
Page 6 of 17
5123
e. Parking of motorized vehicles or trailers is prohibited, excgpj as pl'ovided l'or in
LDC, Sec�ions �30-83(a,j(lf),) and 6 30-99(a,j(6 L).
f. Storing of boats on a dry portion of the lot or parcel that is not considered part of a
dock or docking facility is prohibited.
g. Outdoor storage is prohibited CX(jUding �:bg jg!jjpa�brary 1,'�arking gl' nlo�orized
vehicles or �railers only c3�jjjng !hg !inle ol,ac�i Ve W iliza�ion ol'�he dock or docking
h. Live-aboard use of vessels stored at the dock or docking facility is prohibited.
i FACCPI 101'�Mflhorized renioval ol'invasive exon(.' yggg�ahon, 01, 1'e111CM11j ol'exo�ics in
accordance W iffi Chaj,'��g!' L26 lx n�2 Upland veYg!an( n ( i n ij,'ac�s
�o weflands is Mflhorized,
(6) &�g�ja�ed 1,'�bo�ed lo�s, No�wiffis�anding �b�g�,eions (5) and (�.) gl'ffie defin��ions ol'
�KICCSSCH'y �!�g aff ,'ICCCSSOI'y !'LKIMV' in Ye c�ion 6 Ol-l' docks or docking M"Y
be consn'��(,,W on associ,,oed pbi�W lo�s 1,'n'ovided all ol'ffie l'ollowing �1'flena are nM'
a, Me a�s(-�(Ja�ed f,'da�W lo� is Under ffie sanie (-�wnership as a hiwlldjyg��ablished
,1111H ortwo-l',in6l residmial
�gjjing abn a devejopgt 1a2! ab! f"Nircell
b, Me ass(-�(JaW 1,'da�W lo� is wiffiin ffie sanle Key � I�Jand and less ffian ffiree
(121) M�lesaW,'1y,'IS Me,'ISUred in a shlaigh�: line 1'ronia f,'�oiw locaW lilong a [21'(E"�g!�Y
line ol'ffie lawfully g,� ablished 1,'�eniianew residewi,'Il Uij�: 6(-b a [,'�oiw loc,,oed
a [2!'2[2g3'!y line ol'ffie vacaw: 42� and
c, Me ass(-�(JaW 1,'da�W lo� is wiffiin ffie Innij,'�roved SUbdivisi(-�n (15) gj' Urban
Residewial Mobile I lonle (!j9Nj,) land Use 6�a2nung,j c ish'lc! as spg ilied in Sec6ion
l 0 l-6(5) and 6 0f -6(Y)
In ffie eveW ffia�: ownership ��I' ffie associaW pla�W lo� cowanjng ��,,h an accessory
dock is severed 11'onl ffie parcel cowaining �:bg [2j'in(jf,'N1J USe/ShIK'Wre, ffie dock and any
('flber inlrffovenlms 111LO be renioved and ffie shoreline restored wiffiin 6 80 days
ffie U!'a2pg!'!y a.b�ngj' niaiwains conijfliance wiffi ffie 1'e(Wireniexis ol'ffiis Se(,eion,
(62) Required conditions. Any docking facility shall meet the following conditions:
a. All pilings associated with the construction of any dock shall be non-CCA-leaching
(recycled plastic, concrete) or be wrapped with impermeable plastic or PVC sleeves.
Impermeable plastic or PVC sleeves shall have a minimum of 30 millimeter thickness
and shall extend from at least 6 inches below the level of the substrate to at least 2
feet above the mean high water line.
b. Docking facilities that do not terminate over seagrass beds or hardbottom
communities must have at least four feet(4ft) of water depth at MLW at the terminal
end of the docking facility, and continuous access to open water. A benthic survey
shall be submitted to document the presence or absence of seagrass beds and/or
hardbottom communities;
c. A docking facility that extends across a full ten percent of the width of any body
of water may terminate in water less than four feet (4ft) at MLW if this water depth
occurs within five horizontal feet of the terminal end of the docking facility such that
File 2022-094
Page 7 of 17
5124
the centerline of an average vessel will rest in water of adequate depth, and
continuous access to open water is available;
d. Docking facilities may be developed on the shoreline of lots in a subdivision that
was approved before September 15, 1986, if the docking facility is located in a
channel or canal that was dredged before September 15, 1986, and if there is a MLW
depth of at least four feet(4ft) at the terminal end of the docking facility. Such docks
shall not exceed ten percent of the width of the channel or canal; and
e. Docking facilities that terminate over seagrass beds or hardbottom communities
may only be permitted when the water depth at the terminal platform is at least four
feet(4ft) above the top of all seagrasses, corals, macro algae, sponges, or other sessile
organisms at MLW and continuous access to open water of navigable depth is
available. The height of pier type docks over benthic biological resources shall be a
minimum of 5 feet above mean high water (MHW) as measured from the top surface
of the decking, and the total size of the platform shall be limited to 160 square feet.
The configuration of the platform shall be a maximum of 8 feet by 20 feet. A
minimum of 5 feet by 20 feet shall conform to the 5-foot height requirement; a 3 feet
by 20 feet section may be placed 3 feet above MHW to facilitate boat access. A
benthic survey shall be submitted to document the presence or absence of seagrass
beds and/or hardbottom communities. A bathymetric survey shall be submitted to
document the water depth at the terminal end of the pier and/or platform and to ensure
that continuous access to open water of navigable depth is available. All such projects
shall require approval by the Florida Department of Environmental Protection and
the U.S. Army Corps of Engineers prior to commencement of construction or
issuance of a County 'Notice to Proceed.'
(78) Location of boat mooring on docking.facilities. Except as specified in Sc ct op 1 1 -„
J 2(m)(6)b, moored vessels and mooring facilities attached to docking facilities shall not
be located in less than four feet water depth at MLW. If a moored vessel and/or mooring
facility attached to a docking facility is located over seagrass beds or hardbottom
communities, it may only be permitted where the water depth is at least four feet above
the top of all seagrasses, corals,macro algae, sponges, or other sessile organisms at MLW
and continuous access to open water is available.
( „) Navigation interference. All docking facilities shall be constructed so as not to
interfere with normal navigation or reasonable access to adjacent docks or moorings.
(9�0)Primary dock design. Where a mangrove fringe of at least ten(10) feet in width or
wetland vegetation exists along the shoreline, a dock with a walkway perpendicular to
the shoreline, such as a "T" or "L" dock (subject to the requirements of subsection
(m)(..�... . )), shall be the primary design permitted,unless an alternate design is authorized
by state and federal permits.
Wu �) Secure tie-down provisions. All docks with boat lifts, davits or similar lifting
mecha
nisms shall provide cleats, rings, or similar features that can be used to tie down
the vessel when it is out of the water in order to stabilize the vessel during high winds.
(�� � � '.) Floating dock allowance. Any docking portions extending over water of at least
four feet at MLW may be supported by floats. Floating docks shall be subject to the
length and width requirements of the applicable dock type (marginal, T-style or Pier).
File 2022-094
Page 8 of 17
5125
(..�2. , . )Floating boat lifts and vessel platforms. The construction, installation, operation,
or maintenance of floating vessel platforms or floating boat lifts are permitted provided
that such structures:
a. Float at all times in the water for the sole purpose of supporting a vessel so that the
vessel is out of the water when not in use;
b. Are not for mooring vessels that remain in the water when not in use;
c. Do not substantially impede the flow of water, create a navigational hazard, or
unreasonably infringe upon the riparian rights of adjacent property owners, as defined
in Section 253.141, Florida Statutes;
d. Are set back from the side property lines (including the property line as extended
into the water perpendicular to the shore) a minimum of 10 feet if installed laterally,
and a minimum of five (5) feet if installed perpendicular to the shoreline, so as not to
create a navigational hazard;
e. Are secured to a stationary docking facility and, together with the dock, do not
exceed 25% of the navigable portion of a manmade waterbody as required by
subsection(m)(4) of this Section;
f. Are located in at least four(4) feet water depth at MLW;
g. Are not located over benthic resources; and
h. Are not located in manatee zones.
(Ki..:�..4) Marginal docks. On shorelines landward of a seawall, revetment or manmade
canal or channel, a dock may run the entire length of the shoreline,parallel to the water's
edge, provided that:
a. The dock shall not exceed eight (8) feet in width or ten percent of the width of the
waterbody as required in S.��,fii„fir i I 1 -12(m)(2), whichever is less;
b. The landward edge of the dock is located entirely on the upland shoreline and no
walkway is needed to provide access to the dock;
c. All portions of the dock that extend over submerged lands are cantilever beam or
pile supported;
d. The dock is located so as to avoid or minimize covering or impacting wetland
vegetation or a mangrove fringe of more than ten (10) feet in width;
e.No 4-post hoists/cradle lifts shall be permitted on marginal docks located on altered
shorelines adjacent to manmade canals, channels, and basins, unless located in a cut-
in slip, or on a lot having a minimum of 70 feet of shoreline and where such manmade
canal, channel, or basin has a minimum width of 60 feet, as measured from MLW to
MLW prior to construction.
4� ) T-style docks. Any dock with a walkway perpendicular to the shoreline, such as a
"T" or "L" dock, shall be designed as follows:
a. The portion of the dock parallel to the shoreline (whether floating or stationary)
may run the entire shoreline length of the parcel and shall not exceed eight (8) feet in
width or ten percent of the width of the waterbody as required in subsection (m)(2),
whichever is less.
b. The dock and walkway shall be located so as to avoid or minimize covering wetland
vegetation or mangroves.
c. The walkway connecting the dock to the shore shall not exceed four feet in width.
One such walkway shall be allowed for every 100 feet of shoreline length or fraction
File 2022-094
Page 9 of 17
5126
thereof (for example, 75 feet of shoreline may have one walkway and 101 feet of
shoreline may have two).
d. Where a mangrove fringe of more than ten(10) feet in width or wetland vegetation
exists along the shoreline and a "T" or "L" style dock would extend over more than
ten percent of the width of the waterbody, the County Biologist will coordinate with
the Florida Department of Environmental Protection and the U.S. Army Corps of
Engineers to evaluate an alternative design. Such alternative design shall only have
the minimum deviations from this subsection to address this unique situation. On
shorelines exceeding 100 feet in length, one such dock shall be allowed for every 100
feet of shoreline.
( 5J )Pier type docks. Pier type docks shall be permitted provided that:
a. Such structures are oriented approximately perpendicular to the shoreline;
b. Such structures are located in an existing break in the mangroves or shoreline
vegetation; however, if no such break exists, a walkway no more than four (4) feet in
width, may be cut through the mangroves or shoreline vegetation;
c. Such structures are located such that no portion of the dock (including the terminal
platform and mooring facilities) is less than five (5) feet from the side property lines
as extended into the water perpendicular to the shore;
d. Such structures do not exceed four(4) feet in width, except for a terminal platform,
as allowed by subsection (m)(15)f,
e. Such structures are no longer than twice the linear shoreline frontage of the parcel
or 100 feet, whichever is less. For purposes of this subsection (m)(15)e., dock length
shall be measured from MLW out to the waterward extension of the dock. A special
exception may be granted by the Planning and Environmental Resources Director to
allow the minimum relaxation of this length restriction as is necessary to provide the
upland owner with access to adequate water depths specified for docking facilities.
Such special exceptions shall only be granted based on a written determination that,
among other criteria, the proposed dock will not be inconsistent with community
character, will not interfere with public recreational uses in or on adjacent waters, and
will pose no navigational or safety hazard. At least 30 calendar days prior to the
issuance of a county permit issued under such a special exception, the Planning and
Environmental Resources Director shall ensure that shoreline property owners within
300 feet of the subject parcel are notified by regular mail of the proposed special
exception in order to allow an opportunity for appeal; and
f. If proposed, the terminal platform is no wider than eight (8) feet in one dimension
and does not exceed a total of 160 square feet in area. The terminal platform shall be
constructed of grated materials to allow the maximum amount of sunlight infiltration
to the water under the platform. The terminal platform may include stairways for
swimming access, provided that all stairways are contained within the square footage
allowed for the terminal platform. The terminal platform may include a non-enclosed
gazebo that does not exceed 100 square feet in area and the highest portion of the roof
shall be no more than 12 feet above the decking or terminal platform level.
Chapter 130—Land Use Districts.
File 2022-094
Page 10 of 17
5127
Article 111. —Permitted and Conditional Uses.
Section 130-83. Improved Subdivision District(IS).
(a) The following uses are permitted as of right in the improved subdivision district:
(1)In those improved subdivision districts with no subdistrict indicator,detached dwellings
of all types;
(2) IS-M: In those improved subdivision districts with an M subdistrict indicator, only
detached dwellings of masonry appearance;
(3)IS-D: In those improved subdivision districts with a D subdistrict indicator:
a. Detached dwellings; and
b. Duplexes;
(4) Home occupations—Special use permit required;
(5)Accessory uses;
6 Collocations on existing antenna-supporting structures pursuant to ..... .... ........
(7) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
to s(,ct on p 46- .()'
...........................................................................................
(8) Wastewater nutrient reduction cluster systems that serve less than ten residences; and
(9)Public infrastructure and utilities,provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
��!' �c:iw " .and SL lbs c iip n Q. .�..aIbabxe, a c essOry and �....linnied i:o.
plaiied Joisp
a, Me loci p a dLdY rg.°o,brded pplaii ^y....loii as shown on a....1,flai �y I(ug p`g�qljy
land puss Q��ab�6�� .�...disi °(J: as spg� ified in ecii(�n �0�--�(, ) and �0�--�(�); an
b, Me accessory :any/ l' USy...ps SUbp;rdinaie io :any sei^ ye s an xxisfing lawildly.
e siab➢ishe g...:p !'Ma„pye nil reside xii,'d Ui ii (giiher single d"111„1�ly ab�:...�exab d�. Y 1'esideniial
d�yglling �u &�. �xp hpn the s: nie Key../ I�Jand and pees ihan ihile ^ (-) !Inles away a
111C "Mff d in a sira„iyb! line pra.b„ppi a 1,'o:inii pa.bp,°ai d "'p.➢abng a�.. line of ihe hi Ll:dly
tl p�yp� (��.�����py...:pgj'nia:genii resiyexu:i:i,'d Ui,p.ii ab...
:1 mrNIxiilMni (�I' iw(-b (2.)....[,'daiie pois....p`or iwo--plaWly Q.ypup°�p�x ...pgj'nianenii rxspyxnipap
U ia is ,
............................
In ige e xeg„i ihai owner hips ol' ihe ":p�sso i":p„ie d 1,flaiie g ➢oii c abn�iainin.g ��..g....a c e spolly.
Use Q1' Sit°UCiMV is severed filoni the parcel conianp png �bg Iggally g^jablish d p l'incip al
:in /01' SUIRIMV and :m offi r
File 2022-094
Page 11 of 17
5128
njlj,,�rovemeniS 111LO be removed firom ihe associaied Unless ihe
mainiains (,y�ilij,'diance wiih ih� I'eq�j!j,emenis ol'ihis Seciion,
bp� Jflaiied Joil is noil desig!jaied as p'ier l:°�
LL�.CU! 'Mihorized removal ol'invasive exoii�,, vegy�aiicbn, 01, IVII10val ol,exoiics
in accordance wiih Chap1g, jj�b �Jgaring a�I' nafive Lipland veggianon or
inMac s io weilands is �Mihorizgd�
b�jildmg ug!2110 is req wired io esiablish ihe access(m:y Use and/or S!RKI�Irel
g: �ildmg pernnii nUmber is rem�j!,ed io be Ugi,!Ijanenily c isjflaygc8 in a conSp!�,UOUS
locafion visible from ihe fira�jjj line; and
h, Me acce��gj,y �u gand/or sirucwre is defined as one ol'ihe l'ollowing residenii,'d Uses
01'
i, Docks or ( ckin�, flies 1"LU'SLEmil io 8-�2(n ,j� !j�:iliiies n ay by 1,,ern6iied I'or d-� , acil, , I I
docks or doCking !'�,iciliiies to lids on SUch a!tja( eni: 1,'�arcels, however lin6ied in ihe
ic !juinner
[bg [2!'ii CilN11 Use Sel'Ved by �:bg access( I Y a2! ti��. king �ball be
singIg-fim6ly j,'Mmumenil residenii,'d Uno or iwo-fimljly pgI'maneriii
tie eniial Ui-nii
bl Llecu,ical service shall be lin6ied io 30 aiiil,'�eres service wiih �'I IINIXiMUM
Ol'iWO ('iI'CUiiS, f"'JeCil'ic service tDay bg pgj,njiied I'or dock or docking fii(,Jji�y
Use pmly and shall noii be Used io service aj,'Mliances SUch as, bUii noii lim�ied
1a�, baiii boxes or freezers,
�.,) aier service shall be linjied io....a % inch meier wiih back-flow 1,'�revenier
which shall U1,0vide service io a singlg-hose bib locaied aii ihe dock or do kin Y
tp
Use ol'ihe dock or docking 1,:i(,,ilii_y �ball be resiri(jed ic� QC(Aipanis ol'ihe
e b an offier :,m,sons or
enil ii!'g� !'� gxpressly pj,ohibiied,
g) [gnIpgj,,,ij,_Y pal,king a:I'moiorized vehi(,,Ies is pg1,11niied only d� ring 1by jime
ihe anL!Ier is ,I(,,iively �!!ilizing !pug d 2 h p2!, d �,,kin 1,icilfly
al,'Mroved accessory �g�, Earking gl'boaii irailers is j,'M,njiied on ihe loii when
a vessel is moored aii ihe dock or on a Jill, Parking aiI'boaii irailers wiih a boaii
aiiached is exrffg�k p!ohibiied,
(I) S�gring gl'boais on a dry py�riion ol'ihe loci ihaii is noii considered ol'a
dock or docking is Ul'ohibiied,
File 2022-094
Page 12 of 17
5129
'Ohibi�ed,
Live-aboard Use ol' vessels s�ored a� ffie dock or d(-ckin�, !,icilfly
K
i) fh�,ks or dockii g fil(jlifiCS Under ffii„ pi—wision are linjW �o lawildly
afiered shoreline adjaceW �o manmade canals, channels, and basins,
i�, Dock box of five fim or less III heigb:; and
(Jeemed non, &ibil(.ible yce such qs she& wul ayrgaes
.......................................................................................................................................................................................................................................... ----------------------
not to exceed q cunnthilive 101 /.)(11 (LZL)()
..................................................................................................................................................................
iv, Garden; and
Ehly U I'g�21as 2 fiki/chickee hWS, SCIfflng 'I'
n icas wiffi 1,,ermaneW
ShlKIM'CS SUch as benches and pavers, and
Vi, POOIS inClUded as a Pao ol,a lawildly�ablished homeOwner's park:°, and
I, A declarafion ol'resn'keive covenaWs or offier legal insn,miieW as amm,Qys ci b.y �:bg
(�g qjjy Ajj njgy a:r his or her derlgngg 1'eqWred �o enforce ffie
I, All devekU,EIgn�: Jgbl�a��!! �:bg Pla�W lo� are refired and removed firom �:he pla�W
h2L
ir, Rewal do a ffin'd 1,'�ally is 01'(2hibiWa
111, ('0 111 IIICI'Ci�Il Use is and
iv, he da�W kfl 111LO be associaW wiffi ffie lawlidly �L�ablished Use,
C ess()I I UIVS 111LO ('01111,11Y �Liffi all sob acks a s sj,,�ecified in('haj,'fler �3� Bulk
y
1�0,wlyuons and nj'm'IIMIII Qpgn rP,'ICC IIC(Wiremews as pl'Ovided in Secfion �30-�57,
k, Accessory sh,m,lm,es and Uses wiffiin ffie shoreline s0back herein 111LO
�L211112jy rLi�h Se( ions 8-�2(,�, U
I)n wl)2 (�,)n (L La)n (,b,), (i,) ,,ind (j,),
1, Me IINIX41IUM neigh! j' any Luc ess(-ffy �a!I'LKIMV is �6 leo. ACCCSS011 SU'LKIM'CS
wiffiin ffie rear yard so ..duck 111LO meo all neigh! !'eq u!remeWs as sO 1'ooh in Secfion
�1, !'LKIMVS Wiffiin ffie shoreline soback 111LO meo all heigyh�:
!'S q�u!remeWsas sO 1'ooh in Secfion � �8-�2(,,) ,,Ind � �8-�2(1),
(b) Vacation rental use is prohibited in all IS districts and subdistricts, except in:
File 2022-094
Page 13 of 17
5130
(1) ISN districts (as set forth in sc.ction 130-84); and
(2) In gated communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses.
(c) The following uses are permitted as minor conditional uses in the improved subdivision
district, subject to the standards and procedures set forth in cla) (:,,.r I 10, article III:
.............1 1................ ................
(1) Parks;
(2) Institutional uses limited to schools; and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to s(,,,.ction 146-54).
................................................. ...................................
Section 130-99. Urban Residential-Mobile Home (URM).
(a) The following uses are permitted, as of right in the urban residential-mobile home district:
(1) Mobile homes;
(2) Detached dwellings;
(3)Recreational vehicles in a registered RV park or park trailers commonly known as'park
models' as defined in F.S. 320.01;
(4) Home occupations—Special use permit required;
(5)Accessory uses;
(6) Tourist housing uses, including vacation rental uses, are prohibited except in gated
communities that have:
a. Controlled access; and
b. A homeowner's or property owner's association that expressly regulates or manages
vacation rental uses;
(7) Collocations on existing antenna-supporting structures, pursuant to Tflon
.............................................................................................
(8) Satellite earth stations less than two meters in diameter, as accessory uses, pursuant
to s(,,,.ction 146-54)
.I ":
.............................................................................................
(9) Wastewater nutrient reduction cluster systems that serve less than ten residences; and
(10) Public infrastructure and utilities, provided that:
a. The parcel(s) proposed for development shall be separated from any established
residential use by a class C bufferyard. As determined by the Planning Director, the
bufferyard may be required on all property lines adjacent to an established residential
principal use to screen the use from view.
b. A solid fence may be required upon determination by the Planning Director.
Ngj�yi�hs�anding 0 (5) and (�.) gl'ffie deniJ�ions ol"'acces�Ql'y USC 01'
and SL bseoion above, a essOry and Jinn�ed �o
ffiose expjv��Jy pgnij��ed below, Joca�ed on vacaw: pla��ed I(Ids pl'Ovided ftw
a, ffie Jo� i a dUJ_Y rg,,orded pla: �ed Jo as shown on a 1,fla�:
_y 1bg ('g�qljy
wiffiin ffie Inu2j,oved SUbdivision tjrban Residewial Mobile 11onle (!jEMJ
b, Ne accessoll.y 111HJM'e and/ol' USC is SUbordinae �o and serves an exist ing Jawildly
eslablished 1,'M,nianew reside wi,'11 UiJ� (giffier sin flg 1`1111�jy !,esidewial
File 2022-094
Page 14 of 17
5131
d�ysjling uqnI) �yiffiin Ihe san e Key I�Jand and less ihan ihilee n , w,n les a ay as
111Ca'ISLH,ed in a su'aigb�: line 11'(2M a m!n jc�(�,aIyd ajcb!h., a line ol'Ihe fiieylldly
esIablished pgrnuinenii residenfial Ui-nii io a [,,�oinii loc,,oed along a pj,Qpgrj.y line ol'Ihe
yacanii 1(2�, and
c, A maxim It i c 1'( ne (,l,) pfimed loii l'or a sin�jg-j,m liJy 1,,ernu inen ii reside nfi,'d Ui-jii or
L I I
�1 IINIXiilMni (�I' iwc� (2.) [,,daIIed JoIs l'or iwo-fiinHy pgI'manenii residewial
Ui-nIs,
In Ihe evenil ihaii ownership ��I' Ihe associaIed 1,flamd loii cofaun -nng �� ,,h accessory
Use or sIrucIure is severed from Ihe 1,'�arcel conIaink-Ig Ing Iggally g�jablished pl,in(,,ip,,Il
ind Am, su,m,eure and umv offier
imj,'�rovemews 111LO be removed from Ihe assc(JaIed Unless ihe
mainIains (,y�ilij,'diance wiIh Ing j'eq�j!j,emews ol'Ihis Secfion,
bg j,'daIIed Joel is noil designaIed as her l:°�
!01 aRflhorized removal ol'invasive exoIk, v g anon, 01, 1,C111CM111 ol,exofics
in accordance wiIh Chapigi, na��Jearinga�I'n,'IIJVC Lipland me ggjahc n cff impacIs
io weflands is Rflhorized,
bujildmg DgEDO is req ired io esIablish Ihe acCCSS0I:Y Use and/or
� uuildmg pernnii mnlibff IS I'C(Wired io be pgj,!jj,,inenIJy displaygd in a cc�nSp!�,UOUS
locafion visible from Ihe fira�jjj line; and
h, Me 'ICCC�ff.y Use ,ind/QI' SII'U(1M'C is defined as one ol'Ihe l'ollowing I'esidenfi,'d Uses
0I' SII'UCIM'CS:':
I, Docks c I dockin !,icil I IIICS [TI'SLEmil io 2(nl,j� !j�ilifies n ay by j,'ern6IIed
l'or docks (2r Lc king 1,icilifies locaIed on SUch ad�acenii paicels, however lim�Ied
in Ihe n�anner�
a bg Use served by !bg access( I Y da2�h ab!' d�2�hing 1,i(,,iliIy �hall be
a singlg-fim� I _y pgI'manenil residenfi,'d Uno or iwo-1 itiffly pgI'manenii
residenfial Ui-nii (d�qflah
bl LlecIrical service shall be lim�Ied io 30 a!M"�eres Service wiIh a'l IINIX411UM
C&IWO Cil'CUiIS, service may bg pgrnJIIed l'or dock or docking fiujlfly
Use �mly and shall noii be Used io service apj,,diances SUch as, bUii noii lin6W
dab baiii boxes or freezers,
aIer service shall be linjIed io...a % inch mcIer wiIh back-flow 1,'�revewer
which shall Ul'ovide service io a singlg-hose bib locaIed aii Ihe dock or do kin
flicijdy,
File 2022-094
Page 15 of 17
5132
d) Use ol'ihe dock or docking 1'11(,ilii:Y A'ill be resiricied i(� QC(Aipanis ol'ihe
,e b an offier :,Hersons or
enil iiig� !'� gxpressly pj,ohibiied,
g) Egnlj"�g!','Iry J,'�arhing a:I'moiorized vehicles is pgrilufled only during jbg jime
ihe a ep%ner is ,I(,,iively �u ilizin �:bg d ��,k or docki ,I! (
,I, Ifly a2!,
al,'Mroved accessory �g�, rarking a�I'boaii irailers is pgj,njiied on ihe loci when
,I vessel is moored aii ihe dock or on ,I Jill, Parking a�I'boaii irailers wiih ,I boaii
aiiached is exrffg�:k p!ohibiied,
(J) S�abring gl'boais on ,I di,
_y 1,,orfion ol'ihe loci ihaii is noil considered parii ol'a
dock or docking is Uj,ohibiied,
01'Ohibiied,
Live-aboard Use CA' Vessels siored aii ihe dock or docking !,icilfly
lh2 L a�!, 12i°p in Under ihi 1,,rovision are lin6ied io lawildly
aliered shorelinem adjacenil io mannuide canals, channels, and basins,
i�, Dock box ol'five fim or less III heigh�, and
..W...........................rt. .......................................................... cas................(...J....e..e..m.........e.....d.........non,....h.......c...ib.i...l...c...i....b......l...e....,sRLicesuch (isshe(jy (II0("(Imaes not to exceed ci cumulcilive 101 /.�)(11 LZ L)O squclre LC el- cm,(]
..................................................................................................................................................................
iv, Garden� and
Y: Ehly Ugj,g�21as2 iiki/(,,hi(,,kee hUiS, SCIiiing 'I'
n icas wiih 1,,ernuinenil
SiRKIMVS SUch as benches and pavers:�, and
Vi, POCAS inClUded as a parii ol'a lawildly g��ablished homeOwner's park, and
I, A declarafion ol'resirkeive covenanis or offier legal insirumenii as aj,'U,(2ygd by �:bg
LaT!j!y his or her de=ngg LeUired io enl'orce ihe 1'cAJcnL!!MnL'
I, All deeEgb d refiremd fron! ih j,'daiievU 2 ie d
1�2
ii, Renial io a ihird [,,�ariy is pj,Qbibiied2
III, C�Q III IIICI'Ci�'Il Use is mQbibiiel, and
iv, he [,,daiied loii 111LO be associaied wiih ihe lawflully g��ablished Use,
File 2022-094
Page 16 of 17
5133
J� Ay�'CCSSQIIY ��RHJMVS 111LO CO flip]y�yiffi al I sobacks :is s[,'�eci I led in ('hapigi, �3� BWA,
I�U,,-ulyuons and nn'nJ'IIM III OUg!1 �U,'ICC I'C(Whvniews pis DI'Ovided in Secfion M-I)7,
k, Accessoi'y ��!'��cwres and USCS wiffinf, ffie shoreline soba(I 1,'�ern6�W herein 111LO
wiffi Secfions (d), (9), (1), (9), (b), (i) and (J),
1, Me IINIXiflMlli heigb: gl' any ,�; r ucwre is I6 fi-O. Accessory `11'�cWres
wiffinf, ffie rear yard soback 111LO nico all heigbj !,C( LfflvnieWs as sO I'ooh in Secfion
A��'CCSSOQY �111K'Wres wiffinf, ffie shoreline soback 111LO nigo all heigbi
lgq��I!vniews as so 1'ooh in Secfion � �8-�2(�,,,) and � �8-�2(1):
(b) The following are permitted as minor conditional uses in the urban residential—mobile
home district (URM), subject to the standards and procedures set forth in„.c. llqpjg�, article
(1)Replacement of an existing antenna-supporting structure pursuant to s(,,'.ction 146-5(b);
............................................. ...................................
(2) Stealth wireless communications facilities, as accessory uses, pursuant to sc.ction 146-
.................................................................................
(e); and
(3) Satellite earth stations greater than or equal to two meters in diameter, as accessory
uses, pursuant to s(,,'.ction 146-5(f).
(c) The following uses are permitted as major conditional uses in the urban residential
mobile home district, subject to the standards and procedures set forth in„.c. llqpjg 1 III, article
(1) Parks.
File 2022-094
Page 17 of 17
5134
2
3
4 V"
5 , „
6
7 MONROE COUNTY, FLORIDA
8 BOARD OF COUNTY COMMISSIONERS
9 RESOLUTION NO. -2023
10
11
12 A RESOLUTION BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS TRANSMITTING TO THE
14 STATE LAND PLANNING AGENCY AN ORDINANCE BY THE
15 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
16 AMENDING THE GLOSSARY OF THE MONROE COUNTY
17 2030 TO MODIFY THE DEFINITION OF ACCESSORY USES
18 AND STRUCTURES; PROVIDING FOR SEVERABILITY;
19 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
20 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
21 PLANNING AGENCY AND THE SECRETARY OF STATE;
22 PROVIDING FOR INCLUSION IN THE MONROE COUNTY
23 COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE
24 DATE. (FILE NO. 2022-093)
25
26
27 WHEREAS, the Monroe County Board of County Commissioners conducted a public
28 hearing for the purpose of considering the transmittal pursuant to the State Coordinated Review
29 Process in Section 163.3184(4),Florida Statutes,to the State Land Planning Agency for objections,
30 recommendations and comments, and to the other Reviewing Agencies as defined in Section
31 163.3184(1)(c), Florida Statutes, for review and comment on a proposed amendment to the
32 Monroe County Year 2030 Comprehensive Plan as described above; and
33
34 WHEREAS,the Monroe County Board of County Commissioners support the subject text
35 amendment;
36
37 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
38 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
39
40 Section 1. The Board of County Commissioners does hereby adopt the recommendation of the
41 Planning Commission to transmit the draft ordinance, attached as Exhibit A., for
42 adoption of the proposed text amendment.
43
44 Section 2. The Board of County Commissioners does hereby transmit the proposed
45 amendment to the State Land Planning Agency for review and comment in
Resolution No. -2023 Page 1 of 2
BOCC Transmittal: File No. 2022-093
5135
46 accordance with the State Coordinated Review process pursuant to Section
47 163.3184(4), Florida Statutes.
48
49 Section 3. The Monroe County professional staff are given authority to prepare and submit
50 the required transmittal letter and supporting documents for the proposed
51 amendment in accordance with the requirements of Section 163.3184(4), Florida
52 Statutes.
53
54 Section 4. The Clerk of the Board is hereby directed to forward a certified copy of this
55 resolution to the Director of Planning.
56
57 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
58 Florida, at a regular meeting of the Board held on the day of , 2023.
59
60
61 Mayor Craig Cates, District 1
62 Mayor Pro Tem Holly Merrill Raschein, District 5
63 Commissioner Michelle Lincoln, District 2
64 Commissioner James K. Scholl, District 3
65 Commissioner David Rice, District 4
66
67
68
69 BOARD OF COUNTY COMMISSIONERS
70 OF MONROE COUNTY, FLORIDA
71
72 By:
73 MAYOR CRAIG CATES
74
75 (SEAL)
76
77 ATTEST: KEVIN MADOK CLERK MONAOE C004TY
� ATTORNEY
AP I
78
79
8o AS DEPUTY CLERK
Resolution No. -2023 Page 2 of 2
BOCC Transmittal: File No. 2022-093
5136
1 EXHIBIT A. TO RES. NO. -2023
2 18 l 3
5 t is
7 MONROE COUNTY, FLORIDA
8 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
9 ORDINANCE NO. -2023
10
11
12 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
13 COUNTY COMMISSIONERS AMENDING GLOSSARY OF
14 THE MONROE COUNTY 2030 TO MODIFY THE DEFINITION
15 OF ACCESSORY USES AND STRUCTURES; PROVIDING FOR
16 SEVERABILITY; PROVIDING FOR REPEAL OF
17 CONFLICTING PROVISIONS, PROVIDING FOR
18 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY
19 AND THE SECRETARY OF STATE, , PROVIDING FOR
20 INCLUSION IN THE MONROE COUNTY COMPREHENSIVE
21 PLAN; PROVIDING FOR AN EFFECTIVE DATE. (FILE NO.
22 2022-093)
23
24
25 WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
26 Statutes, Monroe County possesses the police powers to enact ordinances in order to protect the
27 health, safety, and'welfare of the County's citizens; and
28
29 WHEREAS, on April 20, 2022 BOCC meeting, Staff prepared an agenda item to for the
30 BOCC to discuss and provide direction to staff on potential options and concepts for accessory
31 uses and structures on vacant parcels from which development rights have been removed;
32
33 WHEREAS, on February 7, 2023'a community meeting was held, as required by LDC
34 Section 102-159(b)(3), to discuss the proposed Comprehensive Plan text amendment, and to
35 provide for public participation; and
36
37 WHEREAS, the Monroe County Development Review Committee (DRC) reviewed and
38 considered the proposed amendment at a regularly scheduled meeting held on April 25, 2023; and
39
40 WHEREAS,the Monroe County Planning Commission ("Planning Commission") held a
41 public hearing on the 24t' day of May, 2023, for review and recommendation on the proposed
42 Comprehensive Plan text amendment; and
43
44 WHEREAS, the Planning Commission was presented with the following documents and
45 other information relevant to the request, which by reference is hereby incorporated as part of the
46 record of said hearing:
Ord. -2023 Page 1 of 5
File No. 2022-093
5137
1
2 1. Professional staff report prepared by Cheryl Cioffari, Assistant Director Planning,
3 dated May 12, 2022;
4 2. Sworn testimony of Monroe County Planning&Environmental Resources Department
5 professional staff, and
6 3. Advice and counsel of John Wolfe, Planning Commission General Counsel, and Peter
7 H. Morris, Assistant County Attorney.
8
9 WHEREAS, based on its panel discussion the Planning Commission opted to split the
10 proposed Comprehensive Plan text amendment to consider the amendments to the Glossary of the
11 Comprehensive Plan which would clarify the continuing application of the Comprehensive Plan
12 to development, clarify general and defined terms sections and clarify construction of conflicts
13 with the Monroe County Code(s)through a separate vote (File No. 2023-127); and
14
15 WHEREAS,based on discussion,the Planning Commission then considered the proposed
16 Comprehensive Plan text amendment to consider amending the Glossary of the Comprehensive
17 Plan to modify the definition of accessory uses and structures to allow for lituited uses and
18 structures on vacant platted lots within the Improved Subdivision ("IS") and Urban Residential
19 Mobile Home ("URM") land use districts; and
20
21 WHEREAS, although the 5-member Planning Commission reached plurality opinions on
22 many key issues relating to the proposed Comprehensive Plan text amendment, the Planning
23 Commission not reach a majority opinion can a consensus recommendation for, or against, the
24 proposed Comprehensive Plan text amendment, and
25
26 WHEREAS, at a regular meeting held on the 19'h day of July, 2023, the Monroe County
27 Board of County Commissioners held a public hearing to consider the transmittal of the proposed
28 text amendment, considered the Planning & Environmental Resources Department's professional
29 staff report and ;provided for public comment and,public participation in accordance with the
30 requirements ofstate law and the procedures adopted for public participation in the planning
31 process; and
32
33 WHEREAS, at the July 19, 2023, public hearing, the BOCC considered the proposed
34 Ordinance and approved transmittal of the proposed text amendment to the State Land Planning
35 Agency; and
36
37 WHEREAS, the State Land Planning Agency reviewed the amendment and issued an
38 Objections, Recommendations and Comments (ORC)report on received by the
39 County on ;'and
40
41 WHEREAS,the ORC report <did/did not> identify any objections, recommendations, or
42 comments; and
43
44 WHEREAS, the County has 180 days from the date of receipt of the ORC to adopt the
45 proposed amendment, adopt the amendment with changes or not adopt the amendment; and
Ord. -2023 Page 2 of 5
File No. 2022-093
5138
1
2 WHEREAS, at a regularly scheduled meeting on the day of the
3 BOCC held a public hearing to consider adoption of the proposed Comprehensive Plan text
4 amendment;
5
6 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
7 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
8
9 Section 1. Recitals. The foregoing recitals, findings of fact, conclusions of law, and
10 statements of legislative purpose and legislative intent are true and correct and are
11 hereby incorporated as if fully stated herein.
12
13 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as follows
14 (Deletions are shown strike t4r-etig-h;additions are shown underlined):
15
16 *****
17 Glossary
18 *****
19 Accessory Use or Accessory Structure means a use or structure that:
20 (1) Is subordinate to and serves an existing principal use or principal structure; and
21 (2) Is subordinate in area, extent and purpose to an existing principal use or principal structure
22 served(for this definition docks, pools, pool decks, driveways are excluded from total area); and
23 (3) Contributes to the comfort, convenience or necessity of occupants of the principal use or
24 principal structure served; and
25 (4) Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the
26 lot/parcel on which the principal use or principal structure is located; and
27 (5) Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or
28 principal structure, excluding accessory docking facilities that may be permitted on adjacent
29 lots/parcels pursuant to section 118-12 of the County's LDC; and
30 (6) Is located in the same land use (zoning) district as the principal use or principal structure,
31 excluding off-site parking facilities pursuant to section 114-67 of the County's LDC-. or
32 (7) Is located in the Improved Subdivision(IS) land use(zoning) district or the Urban Residential-
33 Mobile Home (URM) land use (zoning district), is one of the specific uses or structures expressly
34 permitted pursuant to section 130-83 and section 130-99 of the County's LDC and subordinate in
35 area,extent and purpose to an existing principal use or principal structure served(for this definition
36 docks, pools, pool decks, driveways are excluded from total area).
37 (�8) Accessory uses/structures shall not include secondary dwelling units or lock-out units or any
38 other habitable structures that are occupied by a separate and independent household.
39
40 *****
41
42 Section. 3. Interpretation. This Ordinance and its interpretation shall be liberally construed
43 and enforced in favor of the Board of County Commissioners of Monroe County
44 ("BOCC") and such interpretation shall be entitled to great weight in adversarial
45 administrative proceedings, at trial, bankruptcy, and on appeal. The interpretation
Ord. -2023 Page 3 of 5
File No. 2022-093
5139
I of Monroe County Comprehensive Plan provision(s), Florida Building Code,
2 Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation
3 arises out of, relates to, or is interpreted in connection with this Ordinance shall be
4 liberally construed and enforced in favor of the BOCC and such interpretation shall
5 be entitled to great weight in adversarial administrative proceedings, at trial,
6 bankruptcy, and on appeal.
7
8 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
9 any provision of this Ordinance, or any portion thereof, is held to be invalid or
10 unenforceable in or by any administrative hearing officer or court of competent
11 jurisdiction, the invalidity or unenforceability of such provision, or any portion
12 thereof, shall neither limit nor impair the operation, enforceability, or validity of
13 any other provision of this Ordinance,or any remaining portion(s)thereof. All other
14 provisions of this Ordinance, and remaining portion(s) thereof, shall continue
15 unimpaired in full force and effect.
16
17 Section 5. Repeal of Inconsistent Provisions. All ordinances or parts of ordinances in
18 conflict with this ordinance are hereby repealed to the extent of said conflict.
19
20 Section 6. Transmittal.This ordinance shall be transmitted,by the Director of Planning to the
21 State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
22
23 Section 7. Filin2 and Effective Date. This ordinance shall be filed in the Office of the
24 Secretary,of the State of Florida but shall not become effective until a notice is
25 issued by the State Land Planning Agency or Administration Commission finding
26 the amendment in compliance with Chapter 163, Florida Statutes and after any
27 applicable challenge have been resolved.
28
29 Section 8. Inclusion in the Comprehensive Plan. The text amendment shall be incorporated
30 in the Monroe County Comprehensive Plan. The numbering of the foregoing
31 amendment may be renumbered to conform to the numbering in the Monroe County
32 Comprehensive Plan.
33
34 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
35 at a regular meeting held on the day of
36
37 Mayor Craig Cates, District 1
38 Mayor Pro Tem Holly Merrill Raschein, District 5
39 Commissioner Michelle Lincoln, District 2
40 Commissioner James K. Scholl, District 3
41 Commissioner David Rice, District 4
42
43
44
Ord. -2023 Page 4 of 5
File No. 2022-093
5140
I BOARD OF COUNTY COMMISSIONERS
2 OF MONROE COUNTY, FLORIDA
3
4 BY:
5 MAYOR CRAIG CATES
6
7 (SEAL)
8
9 ATTEST: KEVIN MADOK, CLERK
10
11
12 AS DEPUTY CLERK
Ord. -2023 Page 5 of 5
File No. 2022-093
5141
Comprehensive Plan Amendment
To allow limited accessory uses on vacant lots
BOCC Public Hearing - Transmittal
Item P.3
July 19, 2023
The Monroe County Planning Department is proposing amendments to the Glossary of
the Monroe County Year 2030 Comprehensive Plan to allow limited accessory uses
and/or structures on vacant lots within URM and IS zoning districts.
• On April 20, 2022, the BOCC directed staff to draft and process an amendment
that would expand the potential accessory uses and structures allowed on non-
contiguous vacant lots.
• The Comprehensive Plan amendment is being processed concurrently with an
amendment to the Land Development Code that specifies all detailed criteria for
the proposed allowed uses and structures.
• Adoption hearings for Comp Plan and LDC amendments anticipated in October
(pending ORC report from DEO).
BOCC Direction from April 20, 2022 Meeting— CRITERIA TO CONSIDER:
• Limit to plat,ted stib divis ions within the liner d Subdivision IS and Urbali Residential-
'Mobile Home (T TRXI) land use (zoriing) districts-,
• Located oil thesaine Key/Island as th,e, lawflifly established principal usew
Not allowed on Tiei', I parcels:
No clearing of h,abitat'.
Require the retireineut of development fights'.
Prohibit rent a I to, a third party:
�equire a building permit to establish the tuse-,
Require bttilding pelinit number to be displayed," and
Potential Uses
Docking facilities, xvith electric., water and parking associated with this u,se, ofthe
docking facility.
Parkin -,(s) for boats using dock/docking fhciht y-
,g for boattrailei t"
Limited storage deemed lion habitable s,pa uch a,s sheds anid garages:
Play structures, pergolas, tiki/chickee huts, seating �-irea suctures such
s 'w'ith penuanent tl s benches and P avers.-
Pools included as a part of a hawfiffly established hoineo-wner"s Park
c"), Garden (already allow-ed if part of hoineoiviler's park)
e,:') Honieowners parks (already afloived)
Planning Commission — DID NOT ADOPT A RECOMMENDATION FOR OR AGAINST.
Plannilij! Commission Meg 'tin p_ and Public In tit
The Planning Couiniission, considel,ed the proposed aineiidnientat ,I i-egulai- meeting oii May ,24. 2023
and (lid not p vide a recominendation. I Iowever. during the discussion, the f �e Planning
ow., oft live
Coninfissionei's, hadoetiel'al consemus, oii the folloiviiig whichare i,elated to the proposed conipanion
LDC Text Amendment:
1 . The associated vacant platted lot must include tnasli reillovat.,
1 To firnit unencl use d, structures; to a cumulative total, of 3 00 square feet; a iid
Reinove the ally for auenclosed stnicture.
*Planning Commission was also generally in favor of adding an enforcement provision to the restrictive covenant.
PROPOSED Comprehensive Plan TEXT AMENDMENT
Glossary
.,kce.ssoi-i 'se, rileans, a use or structure that.
(1) Is Subordinate to and serves an existing principal use or princil.al structure: and
(2) Is subordinate iii area,,. ex tent Fund Imipose to an existril'g, 1)nricipal use or 1)rincipal structure
served (for this definition docks,. pools, pool decks. driveways are excluded from total area),, and
(.3) Contributes to the conAort. conveiiierice rueecessity of occupants of the principal use or
principal sti,-acti-tre senred: aiid
(4) Is located on the saine lot/j)arcel or Oil a lot/.Parcel that is under" the, scanie oivnership as the
lot,/patcel on, whicti the principal use or principal structme is located- and
("5) Is, located ou the saine lot/parcel or on a contiguous lot/parcel as �111 eXrStillg P141161MI Use of
prilicil),al structure, exch.rdilig accessory docking facilities that inn y be INI-nutted on a(: jacent
lots/parcels pursuant to section 118-1.2 of the County's LDC". and
(6,) Is loc,ated in the saille hand use (zouhig) district as the I)firicipal rise or 1.)i1incipal stiucture,
excluding off-site jxarking facilities purstrant to section 114-67 of the Collilty's LDG." or
(7) Is located, in the hilproved ribdivision(IS) land use (zoningL) district or the Urban Residential-
Mobile Home ("U1W) land use Lzoning district"), is, oi,,i,e of the specific uses or stnictives expressly
perruitted ,pursuant ,to section 130-83 and section 130-99 ofthe County's L Off: and. stibordinate in
agrea, extent ano put definition
Mose to an existiggTruic, al use or )Lin tre served LjLo!LLhjs_g1jal. stnign ------
docks, pools, pool, decks, ckiveways are excluded froin total
(7�8) Accessory uses/structitres shall lint include secoiidary dwellitig itaits, or lock-out writs or ariy
other, habitable structures that are occupied by a separate and independent household,
CONCURRENT PROPOSED Land Development Code TEXT AMENDMENT
LDC Section 118-12(m) Docking Facilities.
(6) Assagigte efinition's of
Iofqccesso or dockjjjg-&���
be constructe on. associated riferia are niet-
a. The assqq i . as a la,"IbIl , estabfish,&d
idential
d
b. Tile asso ISIMI'd and less than three
line, afthe I int located i lon
a property line of the, va cant lot-, an(I
c. The asso, Subdivision �or Urb�an jj
Residential .k1obile H ),ecified in. Section.
in, the event that own ail, aq gesLor
A,
dock is severed ftoin t icture, the dack and an ,
the shorefine, restored withinj,90, days unless
NATith the
CONCURRENT PROPOSED Land Development Code TEXT AMENDMENT
LDC Section 130-83 Improved Subdivision District (IS).
off ie defini tions of"'ae"q�,essog�, us�eor
itecl to
t n va pan tplatted lots,, m,yided that-
a 'Tlle, lot is a dii
within i Residential N1obde Hoine,.0-TRAJ)
land us 1.0,1-I 51 and 1.0,1- 6' and
b, The ate to andl serves anex�istjng�Igy,,�fiffl
esuibli. lenti,ll
dwelfit d less thall t Uee (3 1 index qwi , as
rneasumd in a s,tr "ot"..),eg, line of the, lawfill
estLibli. t loc,atedalong a ro ert r fine, of the
vacant lot,_- grid
c. A. maxig lurn ��� `gn :�� � �� t � tot for sin .1�_ � ��l�� .. ����bm�a,uarl n resi,
:,i Jr.J<id� i C ':_._. �� t l m i :, �, M .m ,. m� l J m I y � w:aJ< JJ residential
: °
Jll"iIS.
----------
Iti, the event that gNV fie rs of the ' asks) i°Jted ot
Jp d �' , l J� c' � uon ` � � � � � rq
(. d"'J''s Sec fian
ive exiotica tic)n, or removal of excAics
in accordance wi q or,
n A buildi llJ ),"or tnj,NIfure'
location visible frorn, the friont m), Del
E The accesso e of the f L-AloNvinZ residential uses,
or, structures"
i. Docks r dockin. fiar
docks o ent arcels howelver limited in the
followiq&AjqjjjjfL
all be
I unit or hvo-fluill t'.),ennarient
residentialLimit, (jui le ,
,s service with a maxinium
of two, circuits. Electric sell Alin
tc') boxes, or freezers.
inch meter with back--fjoiv
v"Ilich, sh cated at the clock or do lcing,
f b C,i�li t 1�
all be restricted tq) o �cin,,.xq,�nts of�the,
unit. lls!L L)v an , �ollier�ers�ons �or
-entiti,es 'is
t trailers I'Ls2errllifted on the lot when
attached
fie lot that is coasidered'jyart of a
dock or d2d-ing facility is, rohih.�ked.
ion are Limited to lavyffilly
ii. Dockbox affive f�.et or less
and
deemied nvn, hahitable ,s .. ace s-tich, as Yheds gm,�
iv. Gardeil, iind
V, �sti t i es, peirgrolle-als" tillk-ji/gInickee huts, ,egfing �,.iregis vrj�tli )enyloinent
N", Ph -iqL�ctur' 1__
struct-ures m,,ich as benches ,agd rxwers-, grid
vi. Polols included eowlieTIq�Irkl.�Illlldl
i. A declotratlon of restrictive covenants o the
c enforce the followLng,
i. All develol-nnent ij ght- on die, 1"),Ia tted liot are retired and removed froin th,g�1,,-ttted
ii. Rental to a Lhirciparor
air. Commericial u1se and
iv. tile gincipal use.
1 as s e,t 1'.) 1 k,�sa s�sm i,f�ie,d i i�i (-j i,�m f,e,r�13 1,�Bz i I
IR, ujreniients-g, uaMu R u i uaa as :' ° mm ',
k, Accesisio ine i�iiust
f'I t,., I
11'" an, "i" d' 'I
1. The niaxi as 16 feet. A.cLces-sory structures
within tile, ri c, tairenients as, set forth in Section
1, tile Shoreline setback anus ineet arl-11-1—le—ig—lit
re, I�
I c I 'Mid 118-12 ft
Staff is requesting input on:
I, T'lie associated vacant platted lot must include trash realoval:
I To limit unenclosed structures to a cutnulative total of'300 square feet-, and
3. Addition of an enforcement provision to the restrictive covenant
4. 3-mile radius on same Key/Island
5. Enclosed structures— garages/sheds?
If yes:
• Size — 700 sP
• Height — 16 ft?