Item Q7 Q7
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
m' David Rice,District 4
Board of County Commissioners Meeting
October 18, 2023
Agenda Item Number: Q7
2023-1653
BULK ITEM: No DEPARTMENT: Planning & Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari
AGENDA ITEM WORDING: A public hearing to consider an ordinance amending the Introduction,
Background, and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the continuing
application of the Monroe County 2030 Comprehensive Plan to development, to clarify the General and
Defined Terms sections, and to clarify construction of conflicts with the Monroe County Code(s).
ITEM BACKGROUND:
The Monroe County Planning & Environmental Resources Department is proposing amendments to the
Introduction and Background and Glossary of the 2030 Comprehensive Plan, to include a section for
rules of construction, amend the definitions of several defined terms for clarification purposes, to clarify
the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify
the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe
County Code(s).
"PLEASE SEE ATTACHED STAFF REPORT FOR FULL DETAILS"
PREVIOUS RELEVANT BOCC ACTION:
On June 21, 2023, the BOCC adopted Resolution No. 230-2023, transmitting the proposed ordinance to
the State Land Planning Agency.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval.
DOCUMENTATION:
5419
2023-127—SR—BOCC-1 0.1 8.23.docx
2023-127 MONROE COUNTY 23-02ACSC (ORC) - Glossary updates.pdf
Ordinance.pdf
FINANCIAL IMPACT:
N/A
5420
1H l3 ff
2 �1JlJllllllllllllllll��������lllllllllllllllllllllllllllt � � %%///////// �llllllllllllllllll ! �llllUl��
.�
4
5 MEMORANDUM
6 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
7
8
9 To: Monroe County Board of County Commissioners
10
11 From: Emily Schemper, A.LC.P., C.F.M., Senior Director, Monroe County Planning and
12 Environmental Resources Department
13
14 Date: October 2, 2023
15
16 Subject: A public hearing to consider an ordinance amending the Introduction and Background,
17 and Glossary of the 2030 Monroe County Comprehensive Plan to clarify the continuing
18 application of the Monroe County 2030 Comprehensive Plan to development, to clarify
19 the General and Defined Terms sections, and to clarify construction of conflicts with the
20 Monroe County Code(s).
21
22 Meeting: October 18, 2023
23
24
25 I. REQUEST
26
27 The Monroe County Planning & Environmental Resources Department is proposing amendments to the
28 Introduction and Background, and Glossary of the 2030 Comprehensive Plan, to include a section for
29 rules of construction, amend the definitions of several defined terms for clarification purposes,to clarify
30 the continuing application of the Monroe County 2030 Comprehensive Plan to development, to clarify
31 the General and Defined Terms sections, and to clarify construction of conflicts with the Monroe County
32 Code(s).
33
�4 IL BACKGROUND INFORMATION
36 Community Meeting and Public Participation
37 In accordance with Land Development Code ("LDC") Section 102-159(b)(3), a community meeting for
38 the Comprehensive Plan and Land Development Code text amendments was held on February 7, 2023,
39 providing for public input. There were ten (10) members of the public in attendance. (Note: This item
40 was originally included as part of File No. 2022-093, but has now been separated as a standalone
J� ordinance under new File No. 2023-127)
43 Monroe County Development Review Committee Meeting
44 The Development Review Committee considered the proposed amendment at a regular meeting on April
45 25, 2023 (as part of File 2022-093).
46
47 Monroe County Planning Commission
48 The Monroe County Planning Commission considered the proposed amendment at a regular meeting on
49 May 24, 2023 (as part of File No. 2022-093) and recommended approval of these specific amendments
50 through Planning Commission Resolution No. P22-23.
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5421
I Transmittal to the State Land Planning A2ency
2 On June 21, 2023, at a regularly scheduled meeting, the Monroe County Board of County
3 Commissioners (BOCC) held a public hearing to consider transmittal of the proposed ordinance to the
4 State Land Planning Agency, and provided for public comment. The BOCC adopted Resolution No 230-
5 2023, transmitting the proposed ordinance to the State Land Planning Agency.
6
7 On September 12, 2023, the State Land Planning Agency issued its Objections, Recommendations and
8 Comments (ORC) report and did not identify any objections, recommendations, or comments. The
9 BOCC has 180 days from the date of receipt of the ORC to adopt the proposed amendment, adopt the
10 amendment with changes or not adopt the amendment.
11
12
13 III. PROPOSED COMPREHENSIVE PLAN TEXT AMENDMENTS
14
15 Proposed Amendment(additions are shown in recl i�,iuuu eui..p
iccl,deletions are in rcup ",trike fliF uuuuTM3).
16
17 1.0 -INTRODUCTION AND BACKGROUND
18
19 *****
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20 c Icmu�l.c uul .��mm�tmut� '� :® iu� fi c��u� u�..u�cfiu� i �u�� u �fi �p � fi�fiu�'� �....��d fi .... �u��TM���i ��iu i�u���'� ..
21 CouuupL°cycrruci:cc ilki„pu, fiyc...luupcc c.ifi ou:ufi...iuu filiuc cccfiuu;i„ti c�i�u�i.� be uu °ccucci;;l, mipess si0ki...couisfimcfium�i..woi�V..���l:
22 be iupuuuiupy puucotisktent Wufly file icuuuuuud°csfi uuitent cud,flic pl(--)C ' is cxiuEccccup uui file L"..oal['?EgLcuucuy..c 11puuui.,
i,. u�d cuup�: c 0i 103 ( a d"
23 .i�uu �uuu cpcquucgfi ��� a.�uufiu�uu'i....fil�cuc.i �i(uficup �i.�i.uuu�uu�u�i(fi fi�u �. �....�uuuup �.:�c � p. w�,QD,.... � y� u�:.upcc ��..
iiiuiupucu:�:
24 couucfiu�u,icfiuouu iuuuu u� � tjfiu(�(�° s 'H(( i��rr��(;;u�u����4. scfi i �fi;�� ug fi us Coaii �rr� e..g[j�uve; 11kiti...s ffl got gc� ..
25 VSr Cuuuy, ccfiusru;i Ord Ifipic:se Sru L�6uukufiuu:ruucfipc�ufi..cpc'uii couufi�uuui 'uuuy �: puucc puu�rcucu�ruuc c. cpuuuflu:i�t cuucp..
cfiu�uuu, Suu�Wicuc file, siJbJci:fi q�uuitter or cotitex cud°cuucy section uc i;ipuuuuipy u�ciuuuguuuu t filiereto 26 cSuuucfiu�ui ^ �rr� �. ... ...
27
28 (1) 1!tuul qSC hi is uuuficuiuucfiui„fiu�ruu 'uu;uul 'upul,ipucltiouu of iiuuy i:uu„°ircucuQ„uu Ord fliis y�"iii„rutuore Comity:
29 (oalpuLcU 11cuv'.c 11kit.i., fiyc °c3uuuuccucuufic of filiuc..Couiil;iLcU 11°cucc il.kiui cyiffl be Iiekl to be fily°c
30 uiMiuuiuuu ii rc3uiureaic°iufi Ic o[?Ie�] for file.. iuu��uu�i°iufiu�uuu ..ol' file.. iuuugpd.c �cuup.��. cued°ely. cQ 111°curt
31 coticculucuicc uuuuup weffcuirc,.
32
33 (2) ! i1i1licability.... 'pi „rc My �1c11ulufiuo.tL) QL ffs2yisio;L) s:rd tpiis MotiroeComity:
34 civauiurchcrrucuc..c i)kM muiuQccc g)Lgiter restgnotic...uuiu�uuu....ui cuulki)ccfi u11,itter fliuuui ugio lier
utL) si„1 ffQyisiot L) uuuu�i;S2u� :i by ±is L �ugii � �duuuufiu�i„tL) S21
35 upcduuuufiu�... uucl�c:gcucc ..� p�uuu, ..�yc upfi.
36 mucucuoiu(c) fi c rccfigcfiuouu o4:.rcguu uifiuouu s.. �ffl clegaiecl to be cotitrai'tWo-,
cauc
37 Tcuciuuy u1�11uuufiuou�i.4"° QLIMucucauuuQ°cd iid Ifiuc Motiroe c ou�uiafiy c�i.;cupuucU.cuucucc:...
NMI u.:piuiu�rc
38 giicuiter restricfidouuc ijpSuuu i siubjgcj u11,itter filiuiuu °ugio lier upcd°ugitiOg(c) Q� iii��ucucu�iuuQ;c� ugcuiu�ucc�;
39 by L s2y!i.fiy Lcu.u:iup iccy`cp�riuuu:i.cu fi L i„r�fl� fiuc.. ui cduuuufiu�„rw", d S2[
c c �uui...� uucl�clucucc d��:p�uuu ui"..
40 1bg gEgiter upccu�ucup to .c cotifiu„ai'tug::.
.. u reenact°�uuu Dui, urrc uu uifiu�uuu �.. uu �.. ..
41
42 (3) 1:;:cumeru llc p 1 c puu�uhucu�uuuc cud c3.�c c ogaiuuc cgcucc „ p uuu c upp ui;i(upy fiui...fiyc ujLjuuucou;uou ufici
43 uui:cuus od...y/li ou roe L'ouu,i,uufiy AU Sud ° Iiuificccr typ°c � chuunucter, iuucdiuufliuug..biq !1Q1
44 puluuutecl to kiutu;�: eiuu�icy) M(For filic uuuukul�ig cud iuuy uuuui„ficuu�ul clLCuuuyTM� uui file uiupu ,Ircmcc..ol "uti.y:
45 panful, file: cpculruuig Sud°kuutup is uuuu uuuj)uuju j Sid°couus°tmctioti°, couusfimcfiuoti°, filic cuuru°yiuug Quq.cud°uuui.y:
46 buikfiuu.g.'ucfiuv!Y' S)r.i;lic uuuui„kuuug ui.d up 6cl �g c
V . u .° w .A
�uuu .ncu�u cui.0 u��c uuu... c �ui;i;puc�uu�uii°cc �u (uuy c:i:uuc uuu „
i V i ufiluola
47 c...uu c�umru a yyufi fi .;uc c'�uucuiuurrc c�ucucc d� uuuu T(�u a cyc �u uuuicucfi c ...iu c.:uuuuu currG,uu �cuu
48 uuu�uu� uuuuu��ucuui uuuuui uccuuuuucc �u(° uu uicccp�u°umucfiucu�nuifi uuuuupcu� fiLcuu��u�icu�uuuc cud° fi3c
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5422
1
2
3 Glossary
4 General
5
6 If definitions sought are not within this section, the County shall utilize the adopted definitions of its
7 LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the
8 County shall utilize the term as commonly used.
9
10 tztiies or constrtiction. hi flic cotistrucfloti wlcl utllCL12Lc!MMI ol I flic kltlg!jlgc s2lji�s Motiroe Comity
11 Coaiprehgjjcyve Pkiti (_'flosslry'!Le �et out ug fljs se6oti s�iffl be observe(I uti�ess sudi cotistru6oti
12 wouki be pbfltip
.Y !US2Uc!ctetlt W�fll flic awtjlest utltent ol'flle p"(-)Cc Is expLcc Ll utl flic CMI
13 PkM, or qi e�eaient or ps�q�oti fliereol I, 1(�o[,?je�j pijE�!�clgt to F S 0i �03 qicl F S 01 380 Hic ru�es ol'
14 cotistru6oti uuuicl cleljtjtuow,,c) ulcl LM2YuSuotL) ccj S2!11 utl fljs CoalpL&11��Ve Pkiti (_'flossm cUffl tint be
15 t ti ol I fllg�g [?ES�y�swtis or re,(,)!�blt�ogs flig s�iffl cogvflti M)
� o 'Itly �gdQ y [,?rov�s�otis
16 exducl�tu.) �!I�L �S2LI�IL�j�j�oti, or Wicre flic subjccj uj�,itter or comext ol'sudi se6oti �s vkdtl�y Lcj'2w(;)!2'Mt
17 fliereto \Ajie ' �Il reh eN,wl (__'flossciry gEgterj )re wl S�E rs�Y�S� t (� S�1jh�sCpg!!��V ii ioi L) sty.... lm2y�s�ow"'�) �alj2Q��d by !�Js18 restrt6otis up�t!j 'I subjccj j�,Mer
19 co 1[2rehgncwlVe 11, ti, flic cleljtjtuog S) SuE g) ILL gj-giter restnnoti or reg-!up,itioti sl�iffl
20 be cleeaiecl to be cotqropHtig: Inc. Jtuow�) s2L ffQyas�otL) Q1 I fljs Motir(2e Comity
21 Coaiprehgjj'��ve Pkiti (_'flossEy g)LgIter restnnogs u[,)oti au stjjgq qjjgter fliqi a.igoflier
22 clel I utjt otL) QL ffQy�suotL) by flic Motiroe Coinity Lmcl Deye opu!ugjj !LQLI� t�
23 Coaiprehgjjcuve Pkiti (--flossiry cleljtjtiog( ) SrE prsrYiSiotl(c) ialpsrcitig 1bg 6)-Egiter restrjctiog or regijkitioti
24 s� ffl be clegaiecl to be cotitLoH!u,(,),
25
26
27 A
28 Abandoned means the voluntary discontinuation of a kuicl use. When flie I j2LQj2L!y'S kuicl use oki
29 [,)Fopef�y has ceased and the property has been vacant for 18 months, abandonment of flic kiticl use will
30 be presumed unless the owner can show that a diligent effort has been made to sell, rent, or tise etlgnlg�
31 the property tau uu re�evqq k)f: �i legally permissible kiticl use. This excludes temporary or short-term
32 interruptions to a kuicl use oFietavity during periods of remodeling, maintaining, or otherwise
33 improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
34
35
36 B
37
38 Building means a structure that is located on land or water uti i kuicl use or fliit cui be usecl for
39 or syepterjg,(.) wly big(I use or occup'Hicy, wlel A'�Oliek ewl be llsekl 14 b1+'H'HeS!'7
40 either temporarily or permanently.
41
42 C
43
44 hw- aieuis kuicl�Lcln'tig:
45
46 Construction aieuis flic ict ol' cotistru�j!'Lj,(,�,r ci structure or buH(��tu.) s2u ('2LS2[2L!.Y h.y QL
47 uiiore structuni� or buH(p�'tw- pins, epeaielits, IsseaibHes, or sub
48 tisscaaubHes.
49
3 of 8
5423
I D
2
3 Development means the �Iul 1�u tig Q1 I mly a11,ltcril 6,Mg-c iti flicU?pgIr(qIcc ol I My V,mcl itic�uclitu,, biq !IQI
4 Hmitccl to mcl/or flic cVCIrit Q1 is 'm clj!jLlc! Q1 cotistrunoti,, lsii` g S21,
5 auitcriiV 6,ql,(.)c iti flic use ol',my , cotistrunoti,flic ccir ol mly 'Invay,filefileauddt1g)
IY�U)-S�!�t
l', 6ig ifl , e6 oMy , 1 y , 1y �
7 of (Itly flic (liviclit1g) SDI' V,mcl itito flirce or more plrcck, or flic girl.ymg ��Ijt ol, (IUY
8 op�LItiotl, file eyIFFY41gr ol�t ol, mly ie4�vity or m4litlgr o[,)eF&HwI; flie m,441# 4, mly m4eFuM
9
10 [,)yIFeek
11
12 The following ie4�vities of iises shall be taken for the purposes of this Comprehensive Plan to involve
13 "development," as defined in this grQlossary:
14
15 b) CVc,Iritig Q1 I V,mcl is mi mJjutict ol'cotistructioti
16 C)
17 1) �1) A reconstruction, alteration of the size, or material change in the external appearance of a
18 structure on land.
19 b) g) A change in the intensity of use of land, such as an increase in the number of dwelling units in
20 a structure or on land or a material increase in the number of businesses, manufacturing
21 establishments, offices, or dwelling units in a structure or on land.
22 c) I I,) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any
23 "coastal construction" as defined in Section 161.021, F.S.
24 4)6)-,) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of
25 land.
26 e) L) Demolition of a structure.
27 1) Oe�IF41g (4,�mlkl �1!1, 8H ffiljlfflefi el
28 gr) i) Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
29
30 The following opet-d shall not be taken for the purpose of this Comprehensive Plan to involve
31 "development" as defined in this gQlossary:
32 a) Work by a highway or road agency or railroad company for the maintenance or improvement of
33 a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
34 b) Work by any utility and other persons engaged in the distribution or transmission of gas,
35 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-of-way
36 or corridors, or constructing on established rights-of-way or to-be-established rights-of-way or
37 corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the
38 like. This provision conveys no property interest and does not eliminate any applicable notice
39 requirements to affected land owners.
40 c)Work for the maintenance,renewal,improvement, or alteration of any structure,if the work affects
41 only the interior or the color of the structure or the decoration of the exterior of the structure.
42 d) The use of any structure or land devoted to dwelling uses for any purpose customarily incidental
43 to enjoyment of the dwelling.
44 e) A �,mcl use =Pie i�yse 4 miy �m*l for the purpose of growing plants, crops, trees, and other
45 agricultural or forestry products; raising livestock; or for other agricultural purposes.
46 f) A change in use of land or structure from a use within a category specified in an ordinance or rule
47 to another use in the same category.
48 g) A change in the ownership or form of ownership of any parcel or structure.
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5424
I h) The creation or termination of rights of access, riparian rights, easements, distribution and
2 transmission corridors, covenants concerning development of land, or other rights in land.
3 "Development," includes all other development customarily associated with it unless otherwise
4 specified. When appropriate to the context, "development" refers to the act of developing or to the
5 result of development. Reference to any specific Icu, 1c ivu . kimfl.... Q operation is not intended
6 to mean that the �cu cuuN/i , k t1c:l..:1�cc � b; ��p c� „fiu��ui �° „ „ when part of another I.cu
"
n � � � ,, rrn ..... P �n rr rr
��cu;pcuuy. ...����� �icc. ���� �� �c����: u����., � � is not "development"ment ��iuuc"�� ��
8 i4eference to otic or...aiio g....tyug ) S2L S21...kiml 1sccl (I Lh 'Ic tiytly(ics), �H S2j2g (1tMu1:
9 013cf iltu oti!,,, is not intended to limit the generality of this definition.
10
11 *****
12 G
13 *****
14 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol �,;u cl
15 11,1ric ....AgEcgacjct2j, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
16 hydrofluorocarbons(HFCs),perfluorocarbons (PFCs), and sulfur hexafluoride(SF6).Direct GHGEs are
17 emissions from sources that are owned or controlled by the reporting entity such as energy use for the
18 electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the activities
19 of the reporting entity, but occur at sources owned or controlled by another entity.
20
21 *****
22 L
23 *****
24 Lccccc (_.Lccc lccg qj➢�ams flhc...6 caiccll.i�TM ol �..cavcV�llV., mcl itidmliti,(.) �V,glljVfi.6 amt c;.,llswc bamcc 4D....
25 4c6)-cjaMDti or si� straitc s4�V V➢ itiV ij itVDti Lam4 Ci" tiTM Js [I4Dj ll &i4 ..1�sc mlcl cotistitmes (I c4C o ?qV➢gllll
26 is flic 1(p➢a kitig 421 aM. ci M,()c itl flic aU21,2 ai'r(mc c 4DlIaMy kulc'l,
27
28 *****
29 N
30 *****
31 Nonconforming Use means a kiml use which does not conform to a current provision or regulation
32 provided in the Comprehensive Plan and/or LDC.
33
34 Nonconforming Use, Lawful means a �,� u„l use which does not conform to a current provision or
35 regulation provided in the Comprehensive Plan and/or LDC,but was permitted, or otherwise in existence
36 lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that
37 rendered the kiml use nonconforming.
38
39 *****
40 R
41 *****
42
43 Redevelopment means a c..( ecc ..,opacjcgj cutc i rgic y (..ey c o[,;?.�� Ili...tc u tic.:P�( es bi a uc tiou t al itecl to
44 rehabilitation, improvement, and/or demolition and replacement of existing development on a site
45
46 *****
47 S
48 *****
5 of 8
5425
I Structure means anything constructed, installed or portable, aiioviNc or m�t movlNc, tcm[,?Qr,1[y Qr
2 �'mcl to Ilse ol'*�Iie l Feql1k:es &1 loeatwtl wl �1
3 [,xiFM el bitiEl k itlekieles a movable bliik'141g flla�tem be 14 �Iwlsitlg; bw'41e!" e0ffiffiefeMl;
4 HLlrF elikllffll OF 0144ee [)HFJ,)0WS; e i t�eF te R1[)OF8 Fy Of: f3eFRI I Hleflfly7The term also includes but is not
5 limited to, buildings, roads, walkways of impervious materials, paths, fences, swimming pools, sport
6 courts, poles, utility lines, signs, cisterns, sewage treatment plants, sheds, docks, and other accessory
7 construction.
8
9 U
10
11 fjse alc'uls �'Iticl 1�sc
12
13
14
15
16
17 IV. ANALYSIS OF PROPOSED AMENDMENT
18
19 Amendments to the Glossary of the Comprehensive Plan are necessary to clarify the continuing
20 application of the Monroe County 2030 Comprehensive Plan to development, to clarify the general and
21 defined terms section and to clarify the construction conflicts with the Monroe County Code.
22
23
24 V. CONSISTENCY WITH THE MONROE COUNTY COMPREHENSIVE PLAN, THE
25 PRINCIPLES FOR GUIDING DEVELOPMENT,AND FLORIDA STATUTES.
26
27 A. The proposed amendment is consistent with the Goals, Objectives and Policies of the Monroe
28 County 2030 Comprehensive Plan. Specifically, it furthers:
29
30 GOAL 101
31 Monroe County shall manage future growth to enhance the quality of life, ensure the safety of County
32 residents and visitors, and protect valuable natural resources. [F.S. § 163.3177(1)]
33
34 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
35 Area, Section 380.0552(7), Florida Statutes.
36
37 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the principles
38 for guiding development and any amendments to the principles, the principles shall be construed as a whole and
39 no specific provision shall be construed or applied in isolation from the other provisions.
40
41 (a) Strengthening local government capabilities for managing land use and development so that local
42 government is able to achieve these objectives without continuing the area of critical state concern
43 designation.
44 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass beds,
45 wetlands, fish and wildlife, and their habitat.
46 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
47 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife, and
48 their habitat.
49 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
50 development.
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5426
I (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
2 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment, and
3 ensuring that development is compatible with the unique historic character of the Florida Keys.
4 (g) Protecting the historical heritage of the Florida Keys.
5 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed major
6 public investments,including:
7 1. The Florida Keys Aqueduct and water supply facilities;
8 2. Sewage collection, treatment, and disposal facilities;
9 3. Solid waste treatment, collection, and disposal facilities;
10 4. Key West Naval Air Station and other military facilities;
11 5. Transportation facilities;
12 6. Federal parks,wildlife refuges, and marine sanctuaries;
13 7. State parks,recreation facilities, aquatic preserves, and other publicly owned properties;
14 8. City electric service and the Florida Keys Electric Co-op; and
15 9. Other utilities, as appropriate.
16 (1) Protecting and improving water quality by providing for the construction, operation, maintenance, and
17 replacement of stormwater management facilities; central sewage collection; treatment and disposal
18 facilities; and the installation and proper operation and maintenance of onsite sewage treatment and
19 disposal systems.
20 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of
21 wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and 403.086(10), as
22 applicable, and by directing growth to areas served by central wastewater treatment facilities through
23 permit allocation systems.
24 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida Keys.
25 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
26 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a natural or
27 manmade disaster and for a post disaster reconstruction plan.
28 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining the
29 Florida Keys as a unique Florida resource.
30
31 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
32 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
33
34 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
35 Specifically, the amendment furthers:
36
37 163.3161(4), F.S.—It is the intent of this act that local governments have the ability to preserve and enhance
38 present advantages; encourage the most appropriate use of land, water, and resources, consistent with the
39 public interest; overcome present handicaps; and deal effectively with future problems that may result from
40 the use and development of land within their jurisdictions. Through the process of comprehensive planning,
41 it is intended that units of local government can preserve, promote, protect, and improve the public health,
42 safety, comfort, good order, appearance, convenience, law enforcement and fire prevention, and general
43 welfare; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks,
44 recreational facilities, housing, and other requirements and services; and conserve, develop, utilize, and
45 protect natural resources within their jurisdictions.
46
47 163.3161(6), F.S.—It is the intent of this act that adopted comprehensive plans shall have the legal status set
48 out in this act and that no public or private development shall be permitted except in conformity with
49 comprehensive plans, or elements or portions thereof,prepared and adopted in conformity with this act.
50
51 163.3177(l),F.S.—The comprehensive plan shall provide the principles,guidelines,standards, and strategies
52 for the orderly and balanced future economic, social,physical, environmental, and fiscal development of the
53 area that reflects community commitments to implement the plan and its elements. These principles and
7of8
5427
I strategies shall guide future decisions in a consistent manner and shall contain programs and activities to
2 ensure comprehensive plans are implemented. The sections of the comprehensive plan containing the
3 principles and strategies, generally provided as goals, objectives, and policies, shall describe how the local
4 government's programs, activities,and land development regulations will be initiated,modified,or continued
5 to implement the comprehensive plan in a consistent manner. It is not the intent of this part to require the
6 inclusion of implementing regulations in the comprehensive plan but rather to require identification of those
7 programs, activities, and land development regulations that will be part of the strategy for implementing the
8 comprehensive plan and the principles that describe how the programs, activities, and land development
9 regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and
10 development of land and provide meaningful guidelines for the content of more detailed land development
11 and use regulations.
12
13 163.3201,F.S.—Relationship of comprehensive plan to exercise of land development regulatory authority.
14 It is the intent of this act that adopted comprehensive plans or elements thereof shall be implemented,in part,
15 by the adoption and enforcement of appropriate local regulations on the development of lands and waters
16 within an area.It is the intent of this act that the adoption and enforcement by a governing body of regulations
17 for the development of land or the adoption and enforcement by a governing body of a land development code
18 for an area shall be based on,be related to, and be a means of implementation for an adopted comprehensive
19 plan as required by this act.
20
21
22 VI. PROCESS
23
24 Comprehensive Plan amendments may be proposed by the Board of County Commissioners,the Monroe
25 County Planning Commission, the Senior Director of the Monroe County Planning and Environmental
26 Resources Department, or the owner or other person having a contractual interest in property to be
27 affected by a proposed amendment. The Senior Director of the Monroe County Planning and
28 Environmental Resources Department shall review and process applications as they are received and
29 pass them onto the Monroe County Development Review Committee and the Monroe County Planning
30 Commission.
31
32 The Monroe County Planning Commission ("Planning Commission") shall hold at least one public
33 hearing. The Planning Commission shall review the application,the reports and recommendations of the
34 professional staff, Development Review Committee("DRC"), and public comment given. The Planning
35 Commission shall submit its recommendations to the Board of County Commissioners ("Board" or
36 "County"). The Board holds a public hearing to consider approval to transmit the subject comprehensive
37 plan amendment and considers the professional staff's recommendations, the professional staff's
38 report(s), and public comment and/or testimony given. Upon approval the amendment is transmitted to
39 State Land Planning Agency (the Department of Economic Opportunity), which then reviews the
40 proposal and issues an Objections, Recommendations and Comments ("ORC") Report. Upon receipt of
41 the ORC report,the County has 180 days to adopt the amendments, adopt the amendments with changes
42 or not adopt the amendment.
43
44 VIL STAFF RECOMMENDATION
45
46 Staff recommends approval of the proposed ordinance.
8of8
5428
F LO R I E)AC04D M M E R C E lIMMM
September 12, 2023
The Honorable Craig Cates
Mayor, Monroe County
25 Ships Way
Big Pine Key, Florida 33043
Dear Mayor Cates:
The Florida Department of Commerce (FloridaCommerce) has completed its review of the
proposed comprehensive plan amendment for Monroe County (Amendment No.23-02ACSC), which
was received on July 14, 2023. We have reviewed the proposed amendment in accordance with the
state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes(F.S.),for
compliance with Chapter 163, Part II, F.S. FloridaCommerce does not identify any objections or
comments to the proposed amendment and this letter serves as the Objections, Recommendations and
Comments Report. Review comments received by the Department from the appropriate reviewing
agencies, if any,are enclosed.
The County should act by choosing to adopt, adopt with changes, or not adopt the proposed
amendment. For your assistance,we have enclosed the procedures for final adoption and transmittal of
the comprehensive plan amendment.
The second public hearing,which shall be a hearing on whether to adopt one or more
comprehensive plan amendments, must be held within 180 days of your receipt of FloridaCommerce's
attached report, or the amendment will be deemed withdrawn unless extended by agreement with
notice to FloridaCommerce and any affected party that provided comment on the amendment pursuant
to Section 163.3184(4)(e)1., F.S.The adopted amendment must be transmitted to
FloridaCommerce within ten working days after the second public hearing pursuant to
Section 163.3184(4)(e)2., F.S.
If you have any questions related to this review, please contact Jana Williams, Planning Analyst, by
telephone at(850) 717-8483 or by email at Jana.Williams@Commerce.fl.gov.I
Sincerely, . � °" "
Yaznl t -a4dez, Regio4l Planning Administrator
Bureau of Community Planning and Growth
YV/jw
Enclosure: Procedures for Adoption
Agency Comments
cc: Cheryl Cioffari,AICP,Assistant Director of Planning, Monroe County
Isabel Cosio Carballo, Executive Director,South Florida Regional Planning Council
An e quuall cpp.'xortauniity employer/program,Aruxiilluanry aids and service airaa awali0«nble
Mimi
uponirearguuz,��.to urndivi"iaijals�,niQlhn this lbfllu�ile,,..AN voia e teil l�rlhnnrnu.r,uuiimbws on 4his
a�e�rraarne,�rnt ircuia��O Ib,;reached by one ir.�roin,N auaaung TTY/➢II�II:)a.�q uull�nrnae;rnt.moue n�tm IF ioirida�
Rdaay Service,at 71,1." 5429
SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS
FOR STATE COORDINATED REVIEW
Section 163.3184(4), Florida Statutes
NUMBER OF COPIES TO BE SUBMITTED:Please submit electronically using FloridaCommerce's
electronic amendment submittal portal "Com rehensive Plan and Amendment U load"
or submit three complete copies of all comprehensive plan
materials,of which one complete paper copy and two complete electronic copies on CD ROM in
Portable Document Format(PDF)to the State Land Planning Agency and one copy to each entity below
that provided timely comments to the local government:the appropriate Regional Planning Council;
Water Management District; Department of Transportation; Department of Environmental Protection;
Department of State;the appropriate county (municipal amendments only); the Florida Fish and Wildlife
Conservation Commission and the Department of Agriculture and Consumer Services(county plan
amendments only); and the Department of Education (amendments relating to public schools);and for
certain local governments,the appropriate military installation and any other local government or
governmental agency that has filed a written request.
SUBMITTAL LETTER: Please include the following information in the cover letter transmitting the
adopted amendment:
Florida Department of Commerce identification number for adopted amendment package;
Summary description of the adoption package, including any amendments proposed but not
adopted;
Ordinance number and adoption date;
Certification that the adopted amendment(s) has been submitted to all parties that provided
timely comments to the local government;
Name,title, address,telephone, FAX number and e-mail address of local government contact;
Letter signed by the chief elected official or the person designated by the local government.
ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment
package:
In the case of text amendments,changes should be shown in strike-through/underline format;
In the case.of future land use map amendment,an adopted future land use map, in color
format, clearly depicting the parcel, its existing future land use designation,and its adopted designation;
A copy of any data and analyses the local government deems appropriate.
Effective:June 2, 2011(Updated July 2023) page 1 of 2
5430
Note: If the local government is relying on previously submitted data and analysis, no additional data
and analysis is required;
Copy of executed ordinance adopting the comprehensive plan amendment(s);
Suggested effective date language for the adoption ordinance for state coordinated review:
"The effective date of this plan amendment, if the amendment is not timely challenged, shall be
the date the state land planning agency posts a notice of intent determining that this
amendment is in compliance. If the amendment is timely challenged, or if the state land
planning agency issues a notice of intent determining that this amendment is not in compliance,
this amendment shall become effective on the date the state land planning agency or the
Administration Commission enters a final order determining this adopted amendment to be in
compliance."
List of additional changes made in the adopted amendment that the Florida Department of
Commerce did not previously review;
List of findings of the local governing body, if any,that were not included in the ordinance and
which provided the basis of the adoption or determination not to adopt the proposed amendment;
Statement indicating the relationship of the additional changes not previously reviewed by the
Florida Department of Commerce to the ORC report from the Florida Department of Commerce.
Effective:June 2, 2011 (Updated July 2023) Page 2 of 2.
5431
DocuSign Envelope ID:E3Cg65BD-33F1-4865-977A-68AC2ED42500
FDOT
..mm
TransportationFlorida Department of
ICON DESANTIS 1000 N.W. 111 Avenue JARED W.PERDUE,P.E.
GOVERNOR Miami,Florida 33172 SECRETARY
August 2, 2023
. Cheryl Cioffari, AICP
Assistant Director of Planning
Planning and Environmental Resources Department
Marathon Government Center
2798 Overseas Highway, Suite 400
Marathon, Florida 3300
Subject: Comments for the Monroe County Year 2030 Comprehensive Plan
Amendment 23® 2
Dear Ms. CiofFari:
Pursuant to Section 163.316 (3), Florida Statutes (F. .), in its role as a reviewing
agency as identified in Section 163.3134(1)(c), F. ., the Florida Department of
Transportation, District Six, reviewed the proposed text amendments to the Monroe
County Year 2030 Comprehensive Flan. The proposed amendments modify text
within the Introduction and Background and Glossary of the plan.
The District reviewed the amendment package per Chapter 163 Florida Statutes
and found the proposed text amendment would not adversely impact transportation
resources and facilities of state importance.
Thank you for coordinating on the review of this proposed amendments with
FDOT. If you have any questions, please do not hesitate to contact me by email at
heree ..y,L f0!1qa f(fut. ; e fl k,.is, or at 305- 70- 39 .
Sincerely,
Docuftned by:
�ad.,--^ C16CD067559
ereen ' e Fong
Transportation Planner I
w r Xdot-gov www.soulhilroads.coin
5432
DocuSign Envelope ID:E3C965BD-33F1-4865-977A-68AC2ED42500
Ms. Cheryl Cioffari
August 2, 2023
Page 2
Cc: Daniel Iglesias, P.E., Florida Department of Transportation, District 6
Dat Huynh, P.E., Florida Department of Transportation, District 6
Kenneth Jeffries, Florida Department of Transportation, District 6
Isabel Cosio Carballo, South Florida Regional Planning Council
Kathe Lerch, South Florida Regional Planning Council
Emily Schemer, AICP, CFM, Monroe County
5433
OFFICE OF THE COMMISSIONER r
(850)617-7700 _ THE CAPITOL
400 SOUTH MONROE STREET
TALLAHAssEE,FLORID 32399-oSoo
FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
COMMISSIONER WILTON SIMPSON
August 7, 2023
VIA EMAIL(schemper-emily@monroecounty-fl.gov)
Monroe County
Emily Schemper
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Re: Amendment Package Reference Number: Monroe County 23-02ACSC
Dear Emily Schemper,
The Florida Department of Agriculture and Consumer Services (the "Department") received
the above-referenced proposed comprehensive plan amendment on July 18, 2023. The
Department has reviewed the proposed amendment pursuant to Section 163.3184, Florida
Statutes, for any adverse impacts to important state resources or facilities related to
agriculture, forestry, and aquaculture issues.
The Department has no comments on the above-referenced proposed comprehensive plan
amendment as presented.
Please contact me at CompPlans@FDACS.gov if you have any questions.
Sincerely,
Steven Hall
Deputy Assistant Commissioner
cc: Florida Department of Economic Opportunity
(SLPA#: Monroe County 23-02ACSC)
1-800-HELPFLA www.FDACS.gov
5434
From-. floi Rt2y�Mv
To: Eo_wLdL_Emtm�;
Cc: MaLi-Am
Subjecto [EXFERNAL]-Monroe County 23-02ACSC Proposed
Date: Friday,August 11,2023 535:35 PM
Attachments-.
..................._''_,,"_...............
To: Barbara Powell, Deputy Bureau Chief, Plan Review and Processing
Re: Monroe County 23-02A.CSC—State Coordinated Review of Proposed Comprehensive
Plan Amendment
The Office of Intergovernmental Programs of the Florida Department of Environmental
Protection(Department)has reviewed the above-referenced amendment package under the
provisions of Chapter 1.63, Florida Statutes, The Department conducted a detailed review that
focused on potential adverse impacts to important state resources and facilities, specifically:
air and water pollution;wetlands and other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation
easements; solid waste; and water and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no
provision that, if adopted,would result in adverse impacts to important state resources subject
to the Department's jurisdiction.
Please submit all future amendments by email to IIN
A gny. If your
submittal is too large to send via email or if you need other assistance, contact Lindsay
Weaver at(850) 717-9037.
Q;
5435
From: 112161 U IIs2b It
To: sclign are:*rrY, ruunuuac,u uuull.', N'll.a:a:;
Cc: crag !r+r 4 i',r 'N a ui ru u ';ll:'u4',.9"n �p I V.21 i l a7u M:+'ry7nru m,uo^w
Subject: [EXTERNAL]-FWC"s Comments on Monroe County 23-02ACSC(Background and Glossary revisions)
Date: Saturday,August 12,2023 6:28:48 AM
Dear Ms. Schemper,
Florida Fish and Wildlife Conservation Commission(FWC) staff reviewed the proposed
comprehensive plan amendment in accordance with Chapter 163.3184(3), Florida Statutes.
We have no comments,recommendations, or objections related to listed species and their
habitat or other fish and wildlife resources to offer on this amendment.
FWC staff appreciate the opportunity to review this project. Please send any requests for
further information to Um;,�, . � ;i �l V ��,l°l'il a ,,,S ro
Sincerely,
Robert Irving
Land Use Planning Program Supervisor
Florida Fish and Wildlife Conservation Commission
Phone: (850)354-3578
Monroe County 23-02ACSC 56482
5436
18, , Y
2 4�
4
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 ORDINANCE NO. -2023
9
10 AN ORDINANCE BY THE MONROE COUNTY BOARD OF
11 COUNTY COMMISSIONERS AMENDING THE INTRODUCTION
12 AND BACKGROUND AND GLOSSARY OF THE MONROE
13 COUNTY 2030 COMPREHENSIVE PLAN TO CLARIFY THE
14 CONTINUING APPLICATION OF THE MONROE COUNTY 2030
15 COMPREHENSIVE PLAN TO DEVELOPMENT, TO CLARIFY
16 THE GENERAL AND DEFINED TERMS SECTIONS, TO CLARIFY
17 THE CONSTRUCTION OF CONFLICTS WITH THE MONROE
18 COUNTY CODE(S); 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.
25
26
27 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
28 Statutes, the Board of County Commissioners of Monroe County, Florida ("Monroe County",
29 "BOCC", "Board", or the"County"),possesses the constitutional police power to enact ordinances
30 in order to protect the health, safety, and welfare of the County's citizens; and
31
32 WHEREAS, pursuant to Land Development Code ("LDC") Section 102-159(b)(3) a
33 community meeting was held on February 7, 2023; and
34
35 WHEREAS, the Monroe County Development Review Committee ("DRC") thereafter
36 met to consider amendment of the below-referenced provisions of the Monroe County 2030
37 Comprehensive Plan at a regularly scheduled meeting held on April 25, 2023; and
38
39 WHEREAS, on May 24, 2023, the Monroe County Planning Commission ("Planning
40 Commission") held a public hearing for the purpose of considering amendment of the below-
41 referenced provisions of the Monroe County 2030 Comprehensive Plan and provided for public
42 comment; and
43
44 WHEREAS, based upon the information and documentation submitted, the Planning
45 Commission made the following findings of fact and conclusions of law:
46
47 1. The proposed amendment is consistent with the Goals, Objectives, and Policies of the
48 Monroe County Year 2030 Comprehensive Plan; and
1 of 8
5437
1 2. The proposed amendment is consistent with the Principles for Guiding Development
2 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
3 Statutes; and
4 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statutes;
5
6 WHEREAS, the Planning Commission recommended approval including staff requested
7 edits regarding the proposed amendment; and
8
9 WHEREAS, at a regular meeting held on the 21 st day of June, 2023, the Board of County
10 Commissioners of Monroe County,Florida, held a public hearing to consider the transmittal of the
11 proposed text amendment, considered the professional staffs recommendations and the
12 professional staff report, and provided for public comment; and
13
14 WHEREAS, at a regular meeting held on the 21 st day of June, 2023, the Board of County
15 Commissioners of Monroe County, Florida, considered the subject Ordinance and approved
16 transmittal of the proposed text amendment to the state land planning agency; and
17
18 WHEREAS, the state land planning agency reviewed the amendment and issued an
19 Objections, Recommendations and Comments ("ORC")report on September 12, 2023; and
20
21 WHEREAS, the ORC report did not identify any objections, recommendations, or
22 comments; and
23
24 WHEREAS, the Board has 180 days from the date of receipt of the ORC to adopt the
25 proposed amendment, adopt the amendment with changes, or not adopt the amendment; and
26
27 WHEREAS,at a regularly scheduled meeting on the 18th day of October,2023,the County
28 held a public hearing to consider adoption of the proposed Comprehensive Plan text amendment;
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
31 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
32
33 Section 1. Recitals and Legislative Intent. The foregoing recitals, findings of fact,
34 conclusions of law, and statements of legislative purpose and legislative intent are true and correct
35 and are hereby incorporated as if fully stated herein.
36
37 Section 2. The text of the Monroe County Comprehensive Plan is hereby amended as
38 follows (deletions are shown st+i e t4-etig,; additions are shown underlined):
39
40 *****
41 1.0 -INTRODUCTION AND BACKGROUND
42
43 *****
44 c. Rules of Construction. In the construction and interpretation of the language of this Monroe
45 County Comprehensive Plan, the rules set out in this section shall be observed unless such
46 construction would be plainly inconsistent with the manifest intent of the BOCC as expressed in
2of8
5438
I the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
2 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
3 Comprehensive Plan shall not be applied to any section of these provisions or regulations that shall
4 contain any express provisions excluding such construction or where the subject matter or context
5 of such section is plainly repugnant thereto.
6
7 (1) Purpose. In the interpretation and application of any provision of this Monroe County
8 Comprehensive Plan, the requirements of this Comprehensive Plan shall be held to be
9 the minimum requirements adopted for the promotion of the public health, safety,
10 comfort, convenience and general welfare.
11
12 (2) Applicability. Where any definition(s) or provision(s) of this Monroe County
13 Comprehensive Plan imposes greater restrictions upon a subject matter than another
14 definition(s) or provision(s) imposed by this Comprehensive Plan, the definition(s) or
15 provision(s) imposing _the greater restriction or regulation shall be deemed to be
16 controlling. Where any definition(s) or provision(s) of this Monroe County
17 Comprehensive Plan imposes greater restrictions upon a subject matter than another
18 definition(s) or provision(s) imposed by the Monroe County Land Development Code,
19 the Comprehensive Plan definition(s) or provision(s) imposing the greater restriction
20 or regulation shall be deemed to be controlling.
21
22 (3) Generally. The provisions of this Comprehensive Plan shall apply to the
23 unincorporated areas of Monroe County. All development of whatever We or
24 character, including but not limited to landclearing and/or the making of any material
25 change in the appearance of any land,the clearing of land as an adjunct of construction,
26 construction, the carrying out of any building activity, or the making of f any material
27 change in the appearance of any structure, shall comply with this Comprehensive Plan.
28 No development shall be undertaken without prior approval and issuance of a
29 development permit under the provisions of the Comprehensive Plan and Land
30 Development Code.
31
32 *****
33 Glossary
34 General
35
36 If definitions sought are not within this section, the County shall utilize the adopted definitions of
37 its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these
38 documents, the County shall utilize the term as commonly used.
39
40 Rules of Construction. In the construction and interpretation of the language of this Monroe
41 County Comprehensive Plan Glossary, the rules set out in this section shall be observed unless
42 such construction would be plainly inconsistent with the manifest intent of the BOCC as expressed
43 in the Comprehensive Plan, or an element or portion thereof, adopted pursuant to F.S. Ch. 163 and
44 F.S. Ch. 380. The rules of construction and definition(s) and provision(s) set out in this
45 Comprehensive Plan Glossary shall not be applied to any section of these provisions or regulations
46 that shall contain any express provisions excluding such construction or where the subject matter
3 of 8
5439
I or context of such section is plainly repugnant thereto. Where any definition(s) or provision(s) of
2 this Comprehensive Plan Glossary imposes greater restrictions upon a subject matter than another
3 definition(s)or provision(s)imposed by this Comprehensive Plan,the definition(s) or provision(s)
4 imposing the greater restriction or regulation shall be deemed to be controlling. Where any
5 definition(s)or provision(s)of this Monroe County Comprehensive Plan Glossary imposes_ greater
6 restrictions upon a subject matter than another definition(s)or provision(s)imposed by the Monroe
7 County Land Development Code, the Comprehensive Plan Glossary definition(s) or provision(s)
8 imposing the greater restriction or regulation shall be deemed to be controlling.
9
10 *****
11 A
12 Abandoned means the voluntary discontinuation of a land use. When*e a property's land use of
13 a pr-epefty has ceased and the property has been vacant for 18 months, abandonment of the land
14 use will be presumed unless the owner can show that a diligent effort has been made to sell, rent,
15 or ffse engage the property in a relevant€ef-a legally permissible land use. This excludes
16 temporary or short-term interruptions to a land use during periods of remodeling,
17 maintaining, or otherwise improving or rearranging a facility, or during normal periods of
18 vacation or seasonal closure.
19
20 *****
21 B
22 *****
23 Building means a structure that is located on land or water engaged in a land use or that can be
24 used for supporting or sheltering any land use or occupancy, ard whieh ea be „se a
25 , either temporarily or permanently.
26 *****
27 C
28 *****
29 Clearing means landclearing,
30 *****
31 Construction means the act of constructing a structure or building on real property by combining
32 or arranging one or more structural or building systems, components,parts, elements, assemblies,
33 or sub-assemblies.
34 *****
35 D
36 *****
37 Development means the making _of any material change in the appearance of any any material change in the appearance of any land including
38 but not limited to landclearing and/or the clearing of land as an adjunct of construction,the making
39 of any material change in the use of any land, construction, the carrying out of any building
40 activity, the making of any material change in the appearance of any structure, the making of any
41 material change in the use of any structure, the dividing of land into three or more parcels, or the
42 carrying out of any mining operation,toe eaffying etA of anyktil, ing aetivi eper-4ior
43
44 of!,,n into t4-ee ^ fner-e par-eels.
45
4of8
5440
I The following ti,i ti— „ses shall be taken for the purposes of this Comprehensive Plan to
2 involve "development," as defined in this g jlossary:
3 a) Landclearing.
4 b) Clearing of land as an adjunct of construction.
5 c) Construction.
6 a) d) A reconstruction, alteration of the size, or material change in the external appearance of
7 a structure on land.
8 b4 e) A change in the intensity of use of land, such as an increase in the number of dwelling
9 units in a structure or on land or a material increase in the number of businesses,manufacturing
10 establishments, offices, or dwelling units in a structure or on land.
11 c—) fD Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including
12 any "coastal construction" as defined in Section 161.021, F.S.
13 d) g) Commencement of drilling, except to obtain soil samples, mining, or excavation on a
14 parcel of land.
15 e)W Demolition of a structure.
17 g)J�Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
18
19 The following tises shall not be taken for the purpose of this Comprehensive Plan to
20 involve "development" as defined in this gGlossary:
21 a)Work by a highway or road agency or railroad company for the maintenance or improvement
22 of a road or railroad track, if the work is carried out on land within the boundaries of the right-
23 of-way.
24 b) Work by any utility and other persons engaged in the distribution or transmission of gas,
25 electricity, or water, for the purpose of inspecting, repairing, renewing on established rights-
26 of-way or corridors, or constructing on established rights-of-way or to-be-established rights-
27 of-way or corridors, any sewers, mains, pipes, cables, utility tunnels, power lines, towers,
28 poles, tracks, or the like. This provision conveys no property interest and does not eliminate
29 any applicable notice requirements to affected land owners.
30 c)Work for the maintenance,renewal, improvement, or alteration of any structure, if the work
31 affects only the interior or the color of the structure or the decoration of the exterior of the
32 structure.
33 d) The use of any structure or land devoted to dwelling uses for any purpose customarily
34 incidental to enjoyment of the dwelling.
35 e) A land use for the purpose of growing plants, crops, trees, and other
36 agricultural or forestry products; raising livestock; or for other agricultural purposes.
37 f) A change in use of land or structure from a use within a category specified in an ordinance
38 or rule to another use in the same category.
39 g) A change in the ownership or form of ownership of any parcel or structure.
40 h) The creation or termination of rights of access, riparian rights, easements, distribution and
41 transmission corridors, covenants concerning development of land, or other rights in land.
42 "Development," includes all other development customarily associated with it unless
43 otherwise specified. When appropriate to the context, "development" refers to the act of
44 developing or to the result of development. Reference to any specific act, activity, land use, or
45 operation is not intended to mean that the act, activity, land use, or operation
46 aetivi when part of another act, activity, land use, or operation, toe-eper-4iens or aetivi-i �
5of8
5441
I is not"development". Particular Rreference to one or more type(s) or number(s) of land use,
2 act(s), activity(ies), or operation; eper-4iens is not intended to limit the generality of this
3 definition.
4
5
6 G
7
8 Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol
9 and Paris Agreement, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
10 hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct
11 GHGEs are emissions from sources that are owned or controlled by the reporting entity such as
12 energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a
13 consequence of the activities of the reporting entity, but occur at sources owned or controlled by
14 another entity.
15
16 *****
17 L
18 *****
19 Landclearing means the clearing or removal of vegetation and including significant disturbance of
20 vegetation or substrate (soil) manipulation. Landclearing is not a land use and constitutes
21 development as the making _of any material change in the appearance of any any material change in the appearance of any land.
22
23 *****
24 N
25 *****
26 Nonconforming Use means a land use which does not conform to a current provision or regulation
27 provided in the Comprehensive Plan and/or LDC.
28
29 Nonconforming Use, Lawful means a land use which does not conform to a current provision or
30 regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in
31 existence lawfully, prior to the effective date of the ordinance adopting the current provision or
32 regulation that rendered the land use nonconforming.
33
34 *****
35 R
36 *****
37
38 Redevelopment means the development of a site already developed. This includes but is not
39 limited to rehabilitation, improvement, and/or demolition and replacement of existing
40 development on a site
41
42 *****
43 S
44 *****
45 Structure means anything constructed, installed or portable, movable or not movable, temporary
46 or permanent, which requires a location on a parcel of land. toe„se f,:hie r-e"ir-eS a 1064iffi
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I ,
2 . The term also
3 includes but is not limited to, buildings, roads, walkways of impervious materials,paths, fences,
4 swimming pools, sport courts,poles, utility lines, signs, cisterns, sewage treatment plants, sheds,
5 docks, and other accessory construction.
6
7 U
8
9 Use means land use.
10 *****
11
12 Section 3. Construction and Interpretation. This Ordinance and its interpretation shall
13 be liberally construed and enforced in favor of the Board of County Commissioners of Monroe
14 County and such construction and interpretation shall be entitled to great weight in adversarial
15 administrative proceedings, at trial,bankruptcy, and on appeal. The construction and interpretation
16 of this Ordinance and all Monroe County Comprehensive Plan provision(s), Florida Building
17 Code, Florida Statutes, and Monroe County Code(s) provision(s) whose interpretation arises out
18 of, relates to, or is interpreted in connection with this Ordinance shall be liberally construed and
19 enforced in favor of the Board of County Commissioners of Monroe County ("BOCC") to
20 effectuate the public purpose(s) and objective(s) of the Monroe County BOCC and shall be
21 construed in favor of the Monroe County BOCC and such construction and interpretation shall be
22 entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on
23 appeal.
24
25 Section 4. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions.
26 If any provision of this Ordinance, or any portion thereof, is held to be invalid or unenforceable in
27 or by any administrative hearing officer or court of competent jurisdiction, the invalidity or
28 unenforceability of such provision, or any portion thereof, shall neither limit nor impair the
29 operation, enforceability, or validity of any other provision of this Ordinance, or any remaining
30 portion(s) thereof. All other provisions of this Ordinance, and remaining portion(s) thereof, shall
31 continue unimpaired in full force and effect.
32
33 Section 5. Conflicting Provisions. All ordinances or parts of ordinances in conflict with
34 this ordinance are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
35 shall not repeal the repealing clause of such ordinance or revive any ordinance which has been
36 repealed thereby.
37
38 Section 6. Captions and Paragraph Headings. Captions and paragraph headings, where
39 used herein, are inserted for convenience only and are not intended to descriptively limit the scope
40 and intent of the particular paragraph or text to which they refer.
41
42 Section 7. Transmittal. This ordinance shall be transmitted to the Florida State Land
43 Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
44
45
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I Section 8. Filing. This Ordinance shall be filed in the Office of the Secretary of State of
2 Florida but shall not become effective until a notice is issued by the State Land Planning Agency
3 or Administration Commission finding the amendment in compliance with Chapter 163, Florida
4 Statutes, upon final approved legal effectiveness therefrom.
5
6 Section 9. Inclusion in the Monroe County Comprehensive Plan. The text amendment
7 shall be incorporated in the Monroe County Comprehensive Plan. The numbering of the foregoing
8 amendment may be renumbered to conform to the numbering in the Monroe County
9 Comprehensive Plan
10
11 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
12 Florida, at a regular meeting held on the 181h of October, 2023.
13
14 Mayor Craig Cates
15 Mayor Pro Tem Holly Merrill Raschein
16 Commissioner James K. Scholl
17 Commissioner Michelle Lincoln
18 Commissioner David Rice
19
20 BOARD OF COUNTY COMMISSIONERS
21 OF MONROE COUNTY, FLORIDA
22
23 By:
24 Mayor Craig Cates
25 (SEAL) MONROE O. ATTORNEY"
27 . �.....
26 ATTEST: KEVIN M D K CLERK PP �FORM
28 .o
PETER MORRIS
29 AS DEPUTY CLERK ASSISTANT LJt ATTORNEY
Date. lDL212. --
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