HomeMy WebLinkAboutItem U06 BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Michelle Lincoln,District 2
The Florida. Keys Mayor Pro Tem David Rice,District 4
p Craig Cates,District I
James K. Scholl,District 3
- Holly Merrill Raschein,District 5
Regular Meeting
July 15, 2026
Agenda Item Number: U6
26-3234 l
BULK ITEM: No DEPARTMENT: Planning and Environmental
Resources
TIME APPROXIMATE: STAFF CONTACT: Barbara Powell
AGENDA ITEM WORDING:
A Public Hearing to Consider Adoption of an Ordinance Amending Section 101-1 and Section 131-2
of the Monroe County Land Development Code to Amend the Definitions of Grade and Height, to
Increase the Maximum Height of Residential Structures from 35 Feet to 42 Feet, to Revise the List of
Exceptions to the Maximum Height Restriction, and to Allow for Additional Height Related to
Airports as Approved by the Federal Aviation Administration (FAA), as Requested by the Monroe
County Board of County Commissioners (BOCC) at the June 18, 2025, BOCC Meeting.
ITEM BACKGROUND:
At the Monroe County Board of County Commissioners' ("BOCC", "Board", "Monroe County", or
the "County") June 18, 2025, regular public meeting, the BOCC directed Planning and Environmental
Resources Department professional staff to process amendment(s) to the Monroe County
Comprehensive Plan and Land Development Code ("LDC") to increase the maximum height of
residential structures from 35 feet to 42 feet, to amend the definitions of grade and height, to revise the
structures that are listed as exceptions to the maximum height restriction, to remove the flood related
exceptions to height, and to allow for additional height related to airports as approved by the Federal
Aviation Administration ("FAA") and in accordance with the adopted airport master plans.
Concurrent Applications
There is a corresponding text amendment proposed to Monroe County Comprehensive Plan Policies
101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34, and the Comprehensive Plan Glossary, to increase
the maximum height of residential structures from 35 feet to 42 feet, to amend the definitions of grade
and height, to revise the structures that are listed as exceptions to the maximum height restriction, and
to allow for additional height related to airports as approved by the FAA and in accordance with the
adopted airport master plans, as requested by the Board at the June 18, 2025, BOCC meeting
(Department File No. 2025-080).
Community Meeting and Public Participation
In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
meeting was held on July 22, 2025, to discuss the proposed amendment to the Land Development
Code.
Development Review Committee Meeting and Public Input
On August 26, 2025, the DRC considered the proposed amendment and provided for public input. On
August 27, 2025, the Chair of the DRC signed Resolution No. DRC 18-25,recommending approval of
the proposed text amendment.
Monroe County Planning Commission Meeting and Public Input
On October 22, 2025, the Monroe County Planning Commission considered the proposed amendment,
provided for public input, and recommended approval to the Board of County Commissioners of the
proposed amendment to the Monroe County Land Development Code Policies Section 101-1
Definitions, Chapter 131 —Bulk Regulations, and Section 131-2, with the exception of the proposed
amendment to the definition of Grade.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATION:
Staff recommends approval of the proposed amendment to the Land Development Code.
DOCUMENTATION:
Staff Report
Ordinance
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
2
3
4 MEMORANDUM
5 MONROE COUNTY PLANNING&ENVIRONMENTAL RESOURCES DEPARTMENT
6
7 To: Monroe County Board of County Commissioners
8
9 Through: Devin Tolpin, A.I.C.P.,t C.F.M., Senior Director
10 Monroe County Planning and Environmental Resources Department
11
12 From: Barbara Powell, Planning Policy Advisor
13 Monroe County Planning and Environmental Resources Department
14
15 Date: June 22, 2026
16
17 Subject: A Public Hearing to Consider Adoption of an Ordinance Amending Sections 101-1 and
18 131-2 of the Monroe County Land Development Code to Amend the Definitions of Grade
19 and Height, to Increase the Maximum Height of Residential Structures from 35 feet to 42
20 feet,to Revise the List of Exceptions to the Maximum Height Restriction, and to Allow for
21 Additional Height Related to Airports as Approved by the Federal Aviation Administration
22 ("FAA") and in accordance with the Adopted Airport Master Plans, as Requested by the
23 Monroe County Board of County Commissioners("BOCC") at the BOCC's June 18,2025,
24 regular public meeting.3
25
26 Meeting: July 15, 2026
27
28 I. REQUEST:
29
30 At the Monroe County Board of County Commissioners' (`BOCC", "Board", "Monroe County", or the
31 "County") June 18, 2025, regular public meeting, the BOCC directed Monroe County Planning and
32 Environmental Resources Department professional staff to process amendment(s) to the Monroe County
33 Comprehensive Plan and Land Development Code to increase the maximum height of residential
34 structures from 35 feet to 42 feet,to amend the definitions of grade and height,to revise the structures that
35 are listed as exceptions to the maxiinum height restriction,to remove the flood related exceptions to height,
36 and to allow for additional height related to airports as approved by the FAA and in accordance with the
37 adopted airport master plan.
38
39 Concurrent Applications:
40 There is a corresponding proposed text amendment relating to Monroe Comprehensive Plan Policies
41 101.5.30, 101.5.31, 101.5.32, 101.5.33, 103.5.34, and the Comprehensive Plan Glossary, to increase the
42 maximum height of residential structures from 35 feet to 42 feet, to amend the definitions of grade and
43 height,to revise the structures that are listed as exceptions to the maximum height restriction, and to allow
' American Institute of Certified Planners (A.I.C.P.)—Certification.
'-Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
s Monroe County Planning and Environmental Resources Department File No. 2025-081.
BOCC.SR.07.15.2026 Page 1 of 11
File 2025-081
I for additional height related to airports as approved by the Federal Aviation Administration ("FAA") and
2 in accordance with the adopted airport master plan, as requested by the Board at the June 18,2025,BOCC
3 meeting.4
4
5 II. BACKGROUND INFORMATION:
6
7 At the BOCC's April 16, 2025, regular public meeting, the Board had a discussion item on the BOCC
8 agenda regarding the height limits in Monroe County. Growth Management Director Emily Schemper
9 provided an overview of the current County height regulations with a comparison to the municipalities in
10 the Florida Keys. The presentation included information such as the roof-top equipment that is/is not
11 currently exempted from the height limitation, how height is measured, such as, crown/curb of the road
12 or pre-constriction natural grade, and the height exception for the Wrecker's Cay development (located
13 on Stock Island)that was adopted into the Comprehensive Plan(Policy No.111.1.1). After discussion, the
14 BOCC directed professional staff to bring back language for potential amendment(s) to the LDC and
15 Comprehensive Plan that would result in an increase of the maximum height of residential structures from
16 35 feet to 42 feet, eliminate the correlation of the residential height exception to the new FEMA maps,
17 amend the definition of grade, revise exceptions to height, and address the need for additional height at
18 Key West and Marathon airports.
19
20 At the BOCC's June 18, 2025, regular public meeting, the Board had a discussion item on the agenda as
21 a follow-up to the Board direction given at the BOCC's April 16, 2025, regular public meeting. Monroe
22 County Planning and Environmental Resources Department Senior Director Devin Tolpin provided an
23 overview of the current regulations and two possible options for amending the Comprehensive Plan and
24 Land Development Code for increasing the maximum height limitations. In addition to the presentation,
25 a strike-through/underline version of the proposed language for each option was included in the BOCC
26 agenda item's package. After hearing the presentation and having some discussion, the BOCC directed
27 professional staff to process the Comprehensive Plan and Land Development Code amendments that
28 would implement the concepts in Option 2, as discussed.
29
30 Community Meeting and Public Participation
31 In accordance with LDC Section 102-159(b), a community meeting is required to be held. The virtual
32 meeting was held on July 22, 2025, to discuss the proposed amendment to the Land Development Code.
33
34 Development Review Committee Meeting and Public Input
35 On August 26, 2025,the Development Review Committee("DRC") considered the proposed amendment
36 and provided for public input. On August 27, 2025, the Chair of the DRC signed Resolution No. DRC 18-
37 25, recommending approval of the proposed text amendment.
38
39 Monroe County Planning Commission Meeting and Public Input
40 On October 22, 2025, the Monroe County Planning Commission considered the proposed amendment,
41 provided for public input, and recommended approval to the Board of County Commissioners of the
42 proposed amendment to the Monroe County Land Development Code Policies Section 101-1 Definitions,
43 Chapter 131 —Bulk Regulations, and Section 131-2, with the exception of the proposed amendment to the
44 definition of Grade.
45
4 Monroe County Planning and Environmental Resources Department File No. 2025-080.
BOCC.SR.07.15.2026 Page 2 of 11
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I After the October 22, 2026,Planning Commission meeting,in preparation of the pending BOCC adoption
2 hearing, professional amended Land Development Code Section 131-2(b) to more clearly outline the
3 exception to height for structures developed exclusively with residential uses and to be consistent with the
4 corresponding text amendment to the Comprehensive Plan.
5
6 I1I. PROPOSED LAND DEVELOPMENT CODE TEXT AMENDMENT:
7
8 Proposed text is shown as follows: additions are set forth below in red underline and deletions are set forth
9 in fed--4r+ .
10 *****
11
12 See. 101-1.Definitions.
13
14 Grade means
15 the crown or curb of the nearest road directly adjacent to the structure,
16 whichever is higher. ue+ ;
17
18
19 ti
20 sd
21
22 Height means Lthe vertical distance between grade and the highest part of any structure,inektdiffg
23 ffleehaR 4-eqa�,but excluding the following:ehiniffeys,, spires and/or steeples on structures used
24 for institutional and/or public uses only; chimncvsg radio and/or television antenna�g flagpoles;
25 mechanical solar apparatus;utility poles and/or transmission
26 towers; certain antenna supporting structures with attached antenna and/or collocations as permitted
27 in Chapter 146; and non-oque railing s or,guards up to 42 inches high However,in no event shall any
28 of the exclusions enumerated in this definition be construed to permit any habitable —t sa space to
29 exceed the applicable height limitations. In the case of airport districts, the height limitations therein
30 shall be absolute and the exclusions enumerated in this definition shall not apply unless approved by
31 the Federal Aviation Administration(FA&
32
33
34 *****
35
36 Sec. 131-2.Maximum Height.
37 No structure or building shall be developed that exceeds a maximum height of 35 feet. Exceptions will
38 be allowed for chimneys; spires and/or steeples on structures used for institutional and/or public uses
39 only; radio and/or television antenna; flagpoles; mechanical ecpmentg elevator shafts and eduitarnent;
40 solar apparatus; utility poles and/or transmission towers; affd certain antenna supporting structures with
41 attached antenna and/or collocations as permitted in Chapter 146; and non-ap que railings or guards u1a
42 to 42 inches high. Exceptions will be allowed €ef-€ n as specifically permitted in
43 Policy 101.5.32 affd4#1 ;and within Ocean Reef as provided in Comprehensive Plan Policy 101.5.31
44 and restated in subsection(a)below. However,in no event shall any of the exclusions enumerated in this
45 section be construed to permit any habitable or-=r,aWe space to exceed the maximum height limitation,
46 except as specifically permitted in Policies 101.5.31 and;101.5.32-any4 rs,.- . In the case of airport
BOCC.SR.07.15.2026 Page 3 of 11
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I districts, the height limitations therein shall be absolute and the exclusions enumerated in this
2 section shall not apply unless approved by the Federal Aviation Administration(FAA}.
3
4 (a) Within the Ocean Reef master planned community which is gated, isolated and inaccessible
5 to the surrounding community, and has a distinct community character, nonresidential and
6 transient buildings may include non-habitable architectural decorative features (such as
7 finials, railings, widow's walk, parapets) that exceed the 35-foot height limit in Policy
8 101.5.30, but such features shall not exceed 5 feet above the building's roof-line. This
9 exception shall not result in a building together with any architectural decorative feature with
10 a height that would exceed 40 feet.
11
12 In addition, within the Ocean Reef gated master planned community, upon evidence
13 submitted that the proposed building height has been approved by the master association,
14 Ocean Reef Community Association Inc., pursuant to its building regulations and
15 restrictions, buildings containing multifamily residential, transient, and/or nonresidential
16 uses may be developed or redeveloped to a total maximum building height of 60 feet,
17 provided the buildings are limited to four habitable floors. Such development on property
18 owned by Ocean Reef Club, Inc. shall not be required to provide evidence it has been
19 approved by the master association,based on its exemption from master association review
20 under the Ocean Reef gated master planned community's governing documents.
21
22 (b) Single fa ily and ultifa ily residential structures developed exclusively with residential uses,
23 which meet the minimum flood elevation requirements of the Florida�uildin� Code based on
24 the current FERIA Flood Insurance Rate Maps, may exceed the 35 foot height limit and shall
25 have a maximum height of 42 feet. Roof top structures excluded from the maximum heist
26 restriction shall be setback from the buildi al
27 rise above the 42 foot height limitation of the residential structure.
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BOCC.SR.07.15.2026 Page 4 of 11
File 2025-081
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BOCC.SR.07.15.2026 Page 5 of 11
File 2025-081
I
2
3
4 (fie) As provided in Policy 101.5. 32, for lawfully established EXISTING multi-family
5 (attached dwelling unit)buildings which exceed the 35-foot height limit that are proposed to
6 exceed a total height of 420 feet,a public hearing before the Planning Commission and Board
7 of County Commissioners to review and specify the maximum approved height shall be
8 required prior to issuance of any county permit or development approval. The Planning
9 Commission shall provide a recommendation to the BOCC on the maximum height of a
10 building. The BOCC shall adopt a resolution specifying the maximum approved height.
11
12 (1) For lawfully established EXISTING multi-family(attached dwelling unit)buildings that
13 are voluntarily repaired, improved, redeveloped and/or elevated to meet the building's
14 minimum required FEMA BFE, but will require a height exception of more than
15 seven (7-5) feet, a Flood Protection Height Exception exceeding the ` height limit
16 may be provided by the BOCC based on the following criteria:
17
18 a. The flood zone of the parcel;
19 b. The number of dwelling units lawfully established and an analysis of the number
20 of dwelling units which may not be able to redevelop on the subject parcel without
21 a height exception;
22 c. The physical characteristics of the existing building and parcel;
23 d. The susceptibility of the existing building and its contents to flood damage and the
24 effects of such damage on the property owner;
25 e. The possibility that materials from the existing building may be swept onto other
26 lands to the injury of others;
27 f. The availability of alternate solutions;
28 g. If the new proposed building height will result in increased flood risk; result in
29 additional threats to public safety; result in extraordinary public expense; create
30 nuisance; or cause fraud on or victimization of the public; and
31 h. Community character.
32 i. Buildings not being elevated to at least meet the required FEMA BFE are not
33 eligible for this exception.
34
35 (2) A BOCC resolution shall specify the findings of criteria of(d)(1) a. through i. (above)
36 and specify the approved maximum total height for the proposed building.
37
38 ht limit for structures located at the KU West
39 International Ai be 45 feet.
40 This hei pht ma onl be exceeded ifre aired b the Federal Aviation Administration FAA
BOCC.SR.07.15.2026 Page 6 of 11
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I for the safe operation of aircraft and the airport, or if required to supportmechanical
2 purtenances for the subject structure. In no case shall the maximum height_exceed 14 CF'R
3 Part 77 surfaces,
4 thorization from the FAA supporting the
5 structures height and constriction.
6 111. ANALYSIS OF PROPOSED AMENDMENT:
7 The proposed amendment revises the Monroe County Land Development Code by increasing the
8 maximum permitted height for structures developed exclusively with residential uses from 35 feet to 42
9 feet. The amendment also revises the definitions of Grade and Height to clarify how building height is
10 measured and identifies additional rooftop features that may be excluded from the maximum height
11 calculation, provided such exclusions do not create habitable or usable space beyond the applicable
12 height limitation.
13 The proposed LDC amendment may be said to implement the Comprehensive Plan by allowing
14 structures developed exclusively with residential uses to have a maximum height of 42 feet. The
15 amendment establishes a setback requirement for rooftop structures excluded from the maximum height
16 restriction, requiring such structures to be set back from the building roof-top edge one foot for every
17 one foot of vertical rise above the 42-foot height limitation of the residential structure. The amendment
IS further revises and clarifies the list of permitted height exclusions, including mechanical equipment,
19 elevator shafts and equipment, solar apparatus, utility poles and transmission towers, certain antenna
20 supporting structures as permitted by Chapter 146, and non-opaque railings or guards up to 42 inches
21 high. The amendment also clarifies that, within airport districts, the height exclusions may only be
22 utilized when approved by the Federal Aviation Administration (FAA), ensuring consistency with
23 adopted Airport Master Plans and applicable federal aviation safety requirements. Finally, the
24 amendment removes the existing Flood Protection Height Exception provisions applicable to residential
25 structures. Because structures developed exclusively with residential uses may now be developed to a
26 maximum height of 42 feet, the separate flood-related residential height exception is no longer
27 necessary. Existing Ocean Reef height provisions and other applicable height exceptions remain
28 unchanged except as specifically revised by this ordinance.
29 IV. CONSISTENCY WITH THE MONROE COUNTY LAND DEVELOPMENT CODE:
30 The proposed amendment is consistent with one or more of the required provisions of LDC Section 102-
31 158(d)(7)(b):
32
33 1. Changed projections (e.g., regarding public service needs) from those on which the text or
34 boundary was based;
35 N/A
36
37 2. Changed assumptions (e.g., regarding demographic trends);
38 N/A
39
40 3. Data errors, including errors in mapping, vegetative types and natural features described in
41 volume I of the plan;
42 N/A
BOCC.SR.07.15.2026 Page 7 of 11
File 2025-081
1
2 4. New issues;
3
4 Height restrictions have been in place since the earliest Zoning Code in Monroe County. The
5 original height restriction was limited to the width of the road that the proposed building abuts
6 with 40.feet maximum. Since that time, Monroe County, has amended the maximum height
7 limitation multiple times to clarify and simplify the language. The proposed amendment adds
8 seven feet to the height limitation and removes exceptions related to flood elevation and defines
9 an objective point to begin height measurement.
10
11 5. Recognition of a need for additional detail or comprehensiveness; or
12 N/A
13
14 6. Data updates;
15 N/A
16
17 In no event shall an amendment be approved which will result in an adverse community change
18 to the planning area in which the proposed development is located or to any area in accordance
19 with a Livable CommuniKeys master plan pursuant to findings of the board of county
20 commissioners.
21
22 The proposed text amendment is not anticipated to result in an adverse community change.
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(l)]
33
34 Objective 218.3
35 Monroe County shall be consistent with, or more stringent than, the flood-resistant construction
36 requirements in the Florida Building Code and applicable floodplain management regulations set forth in
37 44 C.F.R. part 60 [F.S. § 163.3178(2)(f)4.].
38
39 Objective 218.5
40 Monroe County shall encourage participation in the National Flood Insurance Program Community Rating
41 System administered by the Federal Emergency Management Agency to achieve flood insurance premium
42 discounts for their residents [F.S. § 163.3178(2)(f)6.].
43
44 Policy 218.5.1 (was Policy 216.1.5)
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I Monroe County shall continue to participate in the National Flood Insurance Program(NFIP) Community
2 Rating System (CRS) to the maximum extent possible and shall continue to seek to improve its current
3 CRS Class rating. [F.S. § 163.3178(2)(d)(f)].
4
5 Policy 218.2.5 (was Policy 2161.6)
6 Monroe County shall continue to enforce federal, state and local construction, setback and elevation
7 requirements to promote the protection and safety of life and property. Existing setback requirements
8 contained in the land development code shall be evaluated as a means of reducing property damage caused
9 by storms. [F.S. § 163.3178(2)(d)]
10
11 Objective 601.3
12 Monroe County shall continue implementation efforts to eliminate substandard housing and to preserve,
13 conserve and enhance the existing housing stock, including historic structures and sites. [F.S. §
14 163.3177(6)(f)l., 3.]
15
16 Policy 601.3.2
17 The County Code Compliance Office and Building Department will enforce building code regulations and
18 County ordinances governing the structural condition of the housing stock,to ensure the provision of safe,
19 decent and sanitary housing and stabilization of residential neighborhoods.
20
21 B. The amendment is consistent with the Principles for Guiding Development for the Florida Keys
22 Area, Section 380.0552(7), Florida Statutes.
23
24 For the purposes of reviewing consistency of the adopted plan or any amendments to that plan with the
25 principles for guiding development and any amendments to the principles,the principles shall be construed
26 as a whole and no specific provision shall be construed or applied in isolation from the other provisions.
27
28 (a) Strengthening local government capabilities for managing land use and development so that local
29 government is able to achieve these objectives without continuing the area of critical state concern
30 designation.
31 (b) Protecting shoreline and benthic resources, including mangroves, coral reef formations, seagrass
32 beds, wetlands, fish and wildlife, and their habitat.
33 (c) Protecting upland resources, tropical biological communities, freshwater wetlands, native tropical
34 vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife,
35 and their habitat.
36 (d) Ensuring the maximum well-being of the Florida Keys and its citizens through sound economic
37 development.
38 (e) Limiting the adverse impacts of development on the quality of water throughout the Florida Keys.
39 (f) Enhancing natural scenic resources, promoting the aesthetic benefits of the natural environment,
40 and ensuring that development is compatible with the unique historic character of the Florida Keys.
41 (g) Protecting the historical heritage of the Florida Keys.
42 (h) Protecting the value, efficiency, cost-effectiveness, and amortized life of existing and proposed
43 major public investments, including:
44 1. The Florida Keys Aqueduct and water supply facilities;
45 2. Sewage collection, treatment, and disposal facilities;
46 3. Solid waste treatment, collection, and disposal facilities;
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1 4. Key West Naval Air Station and other military facilities;
2 5. Transportation facilities;
3 6. Federal parks, wildlife refuges, and marine sanctuaries;
4 7. State parks, recreation facilities, aquatic preserves, and other publicly owned properties;
5 S. City electric service and the Florida Keys Electric Co-op; and
6 9. Other utilities, as appropriate.
7 (i) Protecting and improving water quality by providing for the construction, operation, maintenance,
8 and replacement of stormwater management facilities; central sewage collection; treatment and
9 disposal facilities; and the installation and proper operation and maintenance of onsite sewage
10 treatment and disposal systems.
11 (j) Ensuring the improvement of nearshore water quality by requiring the construction and operation
12 of wastewater management facilities that meet the requirements of ss. 381.0065(4)(1) and
13 403.086(10), as applicable, and by directing growth to areas served by central wastewater
14 treatment facilities through permit allocation systems.
15 (k) Limiting the adverse impacts of public investments on the environmental resources of the Florida
16 Keys.
17 (1) Making available adequate affordable housing for all sectors of the population of the Florida Keys.
18 (m)Providing adequate alternatives for the protection of public safety and welfare in the event of a
19 natural or manmade disaster and for a post disaster reconstruction plan.
20 (n) Protecting the public health, safety, and welfare of the citizens of the Florida Keys and maintaining
21 the Florida Keys as a unique Florida resource.
22
23 Pursuant to Section 380.0552(7) Florida Statutes, the proposed amendment is not inconsistent with the
24 Principles for Guiding Development as a whole and is not inconsistent with any Principle.
25
26 C. The proposed amendment is consistent with the Part II of Chapter 163, Florida Statute (F.S.).
27 Specifically, the amendment furthers:
28
29 163.3161(4), F.S. —It is the intent of this act that local governments have the ability to preserve and
30 enhance present advantages; encourage the most appropriate use of land, water, and resources,
31 consistent with the public interest; overcome present handicaps; and deal effectively with future
32 problems that may result from the use and development of land within their jurisdictions. Through the
33 process of comprehensive planning, it is intended that units of local government can preserve,
34 promote,protect,and improve the public health, safety,comfort,good order,appearance,convenience,
35 law enforcement and fire prevention, and general welfare; facilitate the adequate and efficient
36 provision of transportation, water, sewerage, schools, parks, recreational facilities,housing, and other
37 requirements and services; and conserve, develop, utilize, and protect natural resources within their
38 jurisdictions.
39
40 163.3161(6), F.S. — It is the intent of this act that adopted comprehensive plans shall have the legal
41 status set out in this act and that no public or private development shall be permitted except in
42 conformity with comprehensive plans, or elements or portions thereof, prepared and adopted in
43 conformity with this act.
44
45 163.3177(l), F.S. — The comprehensive plan shall provide the principles, guidelines, standards, and
46 strategies for the orderly and balanced future economic, social, physical, environmental, and fiscal
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I development of the area that reflects community commitments to implement the plan and its elements.
2 These principles and strategies shall guide future decisions in a consistent manner and shall contain
3 programs and activities to ensure comprehensive plans are implemented. The sections of the
4 comprehensive plan containing the principles and strategies, generally provided as goals, objectives,
5 and policies, shall describe how the local government's programs, activities, and land development
6 regulations will be initiated, modified, or continued to implement the comprehensive plan in a
7 consistent manner. It is not the intent of this part to require the inclusion of implementing regulations
8 in the comprehensive plan but rather to require identification of those programs, activities, and land
9 development regulations that will be part of the strategy for implementing the comprehensive plan and
10 the principles that describe how the programs, activities, and land development regulations will be
11 carried out. The plan shall establish meaningful and predictable standards for the use and development
12 of land and provide meaningful guidelines for the content of more detailed land development and use
13 regulations.
14
15 163.3201, F.S. — Relationship of comprehensive plan to exercise of land development regulatory
16 authority. It is the intent of this act that adopted comprehensive plans or elements thereof shall be
17 implemented, in part, by the adoption and enforcement of appropriate local regulations on the
18 development of lands and waters within an area. It is the intent of this act that the adoption and
19 enforcement by a governing body of regulations for the development of land or the adoption and
20 enforcement by a governing body of a land development code for an area shall be based on,be related
21 to, and be a means of implementation for an adopted comprehensive plan as required by this act.
22
23 VI. PROCESS:
24
25 Land Development Code amendments may be proposed by the Board of County Commissioners, the
26 Planning Commission, the Director of Planning, private application, or the owner or other person having
27 a contractual interest in property to be affected by a proposed amendment. The Director of Planning shall
28 review and process applications as they are received and pass theirs onto the Development Review
29 Committee and the Planning Commission.
30
31 The Planning Commission shall hold at least one public hearing. The Planning Commission shall review
32 the application, the reports and recommendations of the Department of Planning & Environmental
33 Resources and the Development Review Committee and the testimony given at the public hearing. The
34 Planning Commission shall submit its recommendations and findings to the Board of County
35 Commissioners (`BOCC"). The BOCC holds a public hearing to consider the adoption of the proposed
36 amendment, and considers the staff report, staff recommendation,Planning Commission recommendation
37 and the testimony given at the public hearing. The BOCC may adopt the proposed amendment based on
38 one or more of the factors established in LDC Section 102-158(d)(7).
39
40 VII. PROFESSIONAL STAFF RECOMMENDATION:
41
42 Professional staff recommends approval of the proposed amendment to the Land Development Code.
43
44 VIII. EXHIBITS:
45 1. Draft Ordinance
46
BOCC.SR.07.15.2026 Page 11 of 11
File 2025-081
1 y ���C ,
z 2 � , .
3
M.
5
6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8
9 ORDINANCE NO. -2026
10
11 AN ORDINANCE AMENDING MONROE COUNTY LAND
12 DEVELOPMENT CODE SECTION 101-1 TO CLARIFY THE
13 DEFINITIONS OF GRADE AND HEIGHT AND SECTION 131-2 TO
14 INCREASE THE POTENTIALLY ALLOWABLE MAXIMUM
15 HEIGHT OF RESIDENTIAL STRUCTURES FROM 35 FEET TO 42
16 FEET, TO REVISE THE STRUCTURES LISTED AS EXCEPTIONS
17 TO THE MAXIMUM HEIGHT RESTRICTION, AND TO ALLOW
18 FOR ADDITIONAL HEIGHT RELATED TO AIRPORTS AS
19 APPROVED BY THE FEDERAL AVIATION ADMINISTRATION
20 ("FAA")AND IN ACCORDANCE WITH THE ADOPTED AIRPORT
21 MASTER PLANS AS REQUESTED BY THE BOARD OF COUNTY
22 COMMISSIONERS (BOCC) AT THE BOCC'S JUNE 18, 2025,
23 PUBLIC MEETING; PROVIDING FOR SEVERABILITY;
24 PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS;
25 PROVIDING FOR TRANSMITTAL TO THE STATE LAND
26 PLANNING AGENCY AND THE SECRETARY OF STATE;
27 PROVIDING FOR AMENDMENT TO AND INCORPORATION IN
28 THE MONROE COUNTY LAND DEVELOPMENT CODE;
29 PROVIDING FOR AN EFFECTIVE DATE.'
30
31
32 WHEREAS,at the Monroe County Board of County Commissioners' ("BOCC", "Board",
33 "Monroe County", or the "County") June 18, 2025, regular public meeting, the BOCC directed
34 Planning and Environmental Resources Department professional staff to process amendment(s)to
35 the Monroe County Comprehensive Plan and Land Development Code ("LDC" or "Code") to
36 increase the maximum height of residential structures from 35 feet to 42 feet, to amend the
37 definition of grade, to revise the structures that are listed as exceptions to the maximum height
38 restriction, to remove the flood related exceptions to height, and allow to for additional height
39 related to airports as approved by the Federal Aviation Administration ("FAA") in accordance
40 with the adopted airport master plans; and
41
42 WHEREAS, on July 22, 2025, Department professional staff held a Community Meeting
43 in accordance with LDC Section 102-159(b)(3) to discuss the proposed amendments to the Code
44 and Comprehensive Plan, and to provide for public participation; and
45
' Monroe County Planning and Environmental Resources Department File No. 2025-081.
1 of 8
I WHEREAS, the Monroe County Development Review Committee ("DRC") considered
2 the proposed amendment at a regularly scheduled meeting held on August 26, 2025; and
3
4 WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 18-
5 25, recommending approval of the proposed text amendment; and
6
7 WHEREAS, the Monroe County Planning Commission held a public hearing on the 22nd
8 day of October, 2025, for review and recommendation on the proposed amendment to the Monroe
9 County Land Development Code; and
10
11 WHEREAS, the Monroe County Planning Commission adopted Planning Commission
12 Resolution No. P30-25 recommending approval less the change to the definition of grade, as
13 discussed during the hearing of the proposed amendment; and
14
15 WHEREAS, at a regularly scheduled meeting on the 15`h day of July, 2026, the BOCC
16 held a public hearing to consider adoption of the proposed text amendment;
17
18 WHEREAS, based upon the information and documentation submitted, the BOCC made
19 the following findings of fact and conclusions of law:
20
21 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
22 Monroe County Comprehensive Plan; and
23 2. The proposed amendment is consistent with the Principles for Guiding Development
24 for the Florida Keys Area of Critical State Concern, Section 380.0552(7), Florida
25 Statutes; and
26 3. The proposed amendment is consistent with Part II of Chapter 163, Florida Statutes;
27 4. The proposed amendment is consistent with one or more of the required provisions of
28 LDC Section 102-158(d)(7)(b).
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
31 OF COUNTY COMMISSIONERS:
32
33 Section 1. Recitals. The foregoing recitals, findings of fact and conclusions of law are true
34 and correct and are hereby incorporated as if fully stated herein.
35
36 Section 2. The text of the Monroe County Land Development Code is hereby amended as
37 follows (Deletions are shown strike thfatigh; additions are shown underlined):
38
39 Sec. 101-1.Definitions.
40
41 Grade means ,
42 the crown or curb of the nearest road directly adjacent to
43 the structure, whichever is higher. , pfief
44 eenstndefieii,the eetifity shall t4ilize the Light Deteetion and Ranging(LiPAR)dataset for-Monr-oe
epurccrm w7-z'H4 o e" best available uuccr ineludifig, but not
2of8
I
2 eei4ifieates andlef othef eptieal f efflate seiising dfttia.
3
4 Height means -2the vertical distance between grade and the highest part of any structure,
5 ,but excluding the following: ehimneys; spires and/or steeples
6 on structures used for institutional and/or public uses only; chimneys; radio and/or television
7 antenna,; flagpoles; mechanical equipment; elevator shafts and equipment; solar apparatus;
8 utility poles and/or transmission towers; certain antenna supporting structures with attached
9 antenna and/or collocations as permitted in Chapter 146; and non-opaque railings or guards up
10 to 42 inches high. However,in no event shall any of the exclusions enumerated in this definition
11 be construed to permit any habitable of ttsable space to exceed the applicable height limitations.
12 In the case of airport districts,the height limitations therein shall be absolute and the exclusions
13 enumerated in this definition shall not apply unless approved by the Federal Aviation
14 Administration (FAA).
15
16
17 *****
18
19 Sec. 131-2.Maximum Height.
20 No structure or building shall be developed that exceeds a maximum height of 35 feet.Exceptions
21 will be allowed for chimneys; spires and/or steeples on structures used for institutional and/or
22 public uses only; radio and/or television antenna; flagpoles; mechanical equipment; elevator
23 shafts and equipment; solar apparatus; utility poles and/or transmission towers; ffnd certain
24 antenna supporting structures with attached antenna and/or collocations as pennitted in Chapter
25 146; and non-opaque railings or guards up to 42 inches high. Exceptions will be allowed ''��a
26 eefien as specifically permitted in Paheies Policy 101.5.32 aiid 10 33, and within Ocean
27 Reef as provided in Comprehensive Plan Policy 101.5.31 and restated in subsection (a) below.
28 However,in no event shall any of the exclusions enumerated in this section be construed to permit
29 any habitable space to exceed the maximum height limitation, except as specifically
30 permitted in Policies 101.5.31 and,-101.5.32 and 10 .5.33. In the case of airport districts, the
31 height limitations the-Fe i therein shall be absolute and the exclusions enumerated in this section
32 shall not apply unless approved by the Federal Aviation Administration(FAA).
33
34 (a) Within the Ocean Reef master planned community which is gated, isolated and
35 inaccessible to the surrounding community, and has a distinct community character,
36 nonresidential and transient buildings may include non-habitable architectural
37 decorative features (such as finials, railings, widow's walls,parapets)that exceed the
38 35-foot height limit in Policy 101.5.30,but such features shall not exceed 5 feet above
39 the building's roof-line. This exception shall not result in a building together with any
40 architectural decorative feature with a height that would exceed 40 feet.
41
42 In addition, within the Ocean Reef gated master planned community, upon evidence
43 submitted that the proposed building height has been approved by the master
44 association, Ocean Reef Community Association Inc., pursuant to its building
45 regulations and restrictions, buildings containing multifamily residential, transient,
46 and/or nonresidential uses may be developed or redeveloped to a total maximum
3 of 8
I building height of 60 feet,provided the buildings are limited to four habitable floors.
2 Such development on property owned by Ocean Reef Club, Inc. shall not be required
3 to provide evidence it has been approved by the master association, based on its
4 exemption from master association review under the Ocean Reef gated master
5 planned community's governing documents.
6
7 (b) Single family and multifamily residential structures developed exclusively with
8 residential uses, which meet the minimum flood elevation requirements of the Florida
9 Building Code based on the current FEMA Flood Insurance Rate Maps, may exceed the
10 35 foot height limit and shall have a maximum height of 42 feet. Roof top structures
11 excluded from the maximum height restriction shall be setback from the buildin_ rg oof-
12 top edge one foot for every one foot vertical rise above the 42 foot height limitation of
13 the residential structure.
14
15 ,
16 .
17
18 '
19 ffiiiiifftuni f equifed BFE,
20 35 feet height lifftit may be peFmitted. The affioufA of the height exeeption shall
21
22
23
24
25 .
26 This eHeeptioii shall apply to the substafi4ial ifflpfeveffleH4 of buildifigs, whethef
27 .
28 (2) Foi:lawfully established EXIST-P�G (detaehed Mad-Att-ArUhed dwelling unit)
29 buildings whiek do fiat &keeed the 35 feet height limit and afe N,elufitafil
30 i=0 tff A-actPC Li'1ZiIGc PUxw@@ e q , "
31 exeeptioti of a mwiiffmm of five (5) feet above t4e 35 feet height limit may be
32 pciiriae T--rr� i+� f+rrp TP-cr;g.rr�c�c c� 9rI�11 1acz o-grec+ «+La --
c
34
36 .
37
38
39
40
41 ,
42 +,. .., + of a the F ran base fl a
43 height liffiit as fellows
44
45
46
4of8
2 of ffiaintain the feqeifed elevafieii based aii the Flefide Btfildifig Code, as
3
4
5 .
6
7
8 its shall have a ffia�dfnftffi height fiffiit of 40 feet in efdef to elevate the
9 .
10
11 , if the
12 additioll~,,vets Ohee IFI-a-vi,a Btti . ing Code flood elevation-Feqidifements in R322.2T'
13 and R3 22.3. shall l net feeeive
tn
14 the flood height exeeption of 40 feet,
15
16
17 FEMA FIRAU shall be give a height limit f 40 t;aet.
18
19
20
21 .
22
23 (3) The total building height shall not exeeed 40 f�et. Buildings not elev4ed to a
24 ffiaititaitiitig the feqftifed eleva4iefi based en the Flefida Btiildifig Code, afe not
25 eligible to use the height liffiit withiii this stfbseetiati.
26
27 (,a) As o-yided i n liey la f,i�s+dished EXISTPIG multi
28 (aRaehed dwelling tinit) buildings whieh &Eeeed the 35 foot height limit may be
29 t:ed, impf:oved, redeveloped ada e elevate to Meet the r e qu ifed FE-M-n BFE
30 provided the bttilding does not &Eeeed a total mwEimtim building heigh4 of 40 fee�,
31 -A 4461 t-h-P-2 h-Hildifig iS lifnited to the existing lawfully established ifAeHsivy, area,
32
33 Height Exeeption offMI-Ax-tiffilufflof five (5) +�e t may be pefmitted-to _m__e@4the
34 . . FEMA BVE The afnattat of the &.,,,heft shall be ne
35 greatefth—AR- Ohe _Amount of e-le neeessa meet BFE Buildings Fl t heir g
36 e�o✓eptierr
37
38 (ce) As provided in Policy 101.53-332 for lawfully established EXISTING multi-family
39 (attached dwelling unit) buildings which exceed the 35-foot height limit that are
40 proposed to exceed a total height of 420 feet, a public hearing before the Planning
41 Commission and Board of County Commissioners to review and specify the
42 maximum approved height shall be required prior to issuance of any county permit
43 or development approval.The Planning Commission shall provide a recommendation
44 to the BOCC on the maximum height of a building. The BOCC shall adopt a
45 resolution specifying the maximum approved height.
46
5 of 8
1 (1) For lawfully established EXISTING multi-family (attached dwelling unit)
2 buildings that are voluntarily repaired, improved,redeveloped and/or elevated to
3 meet the building's minimum required FEMA BFE, but will require a height
4 exception of more than€-, seven (7-5)feet,a Flood Protection Height Exception
5 exceeding the 35-€eet height limit may be provided by the BOCC based on the
6 following criteria:
7
8 a. The flood zone of the parcel;
9 b. The number of dwelling units lawfully established and an analysis of the
10 number of dwelling units which may not be able to redevelop on the
11 subject parcel without a height exception;
12 c. The physical characteristics of the existing building and parcel;
13 d. The susceptibility of the existing building and its contents to flood damage
14 and the effects of such damage on the property owner;
15 e. The possibility that materials from the existing building may be swept onto
16 other lands to the injury of others;
17 f. The availability of alternate solutions;
18 g. If the new proposed building height will result in increased flood risk;result
19 in additional threats to public safety;result in extraordinary public expense;
20 create nuisance; or cause fraud on or victimization of the public; and
21 h. Community character.
22 i. Buildings not being elevated to at least meet the required FEMA BFE are
23 not eligible for this exception.
24
25 (2) A BOCC resolution shall specify the findings of criteria of(d)(1) a. through i.
26 (above) and specify the approved maximum total height for the proposed
27 building.
28
29 (d) Pursuant to Policy 501.2.1,the maximum height limit for structures located at the Key
30 West International Airport and the Florida Keys Marathon International Airport shall
31 be 45 feet. This height may only be exceeded if required by the Federal Aviation
32 Administration(FAA) for the safe operation of aircraft and the airport, or if required
33 to support mechanical appurtenances for the subject structure. In no case shall the
34 maximum height exceed 14 CFR Part 77 surfaces, as included on the adopted Airport
35 Master Plan and Airport Layout Plan pursuant to Policy 501.1.7,without prior written
36 authorization from the FAA supporting the structures height and construction.
37
38 *****
6of8
I Section 3. The June 22, 2026-dated Monroe County Planning and Environmental Resources
2 Department professional staff report accompanying this agenda item prepared by
3 and from Planning Policy Advisor Barbara Powell and by and through Senior
4 Director Devin Tolpin, A.LC.P.,2 C.F.M.,3 is hereby incorporated as if fully stated
5 herein and their analysis and determinations of fact and law are hereby accepted
6 and adopted as if fully stated herein.
7
8 Section 4. To the extent of any internal or external conflicts, inconsistencies, and/or
9 ambiguities, within this Ordinance or between this Ordinance and the Monroe
10 County Code of Ordinances, Florida Building Code, Monroe County Land
11 Development Code, floodplain management regulations, Comprehensive Plan, or
12 any other determination, interpretation, or approval of the Monroe County Board
13 of County Commissioners,Monroe County Planning Commission,Monroe County
14 Planning and Environmental Resources Department, or other department or office
15 of Monroe County, the more restrictive rule, regulation, law, interpretation,
16 provision, and/or text shall always apply and control.
17
18 Section 5. Subject to Section 4. above, the interpretation of this Ordinance and all provisions
19 of the Monroe County Comprehensive Plan, Florida Building Code, Monroe
20 County Codes, Florida Statutes, and floodplain management regulations whose
21 interpretation arise out of, relate to, or are interpreted in connection with this
22 Ordinance, shall be liberally construed and enforced in favor of Monroe County,
23 and such interpretation shall be entitled to great weight in adversarial administrative
24 proceedings, at trial, in bankruptcy, and on appeal.
25
26 Section 6. This Ordinance neither ratifies nor approves, nor shall be interpreted as ratifying or
27 approving, any violation or violations of the Monroe County Code of Ordinances,
28 Monroe County Land Development Code, Monroe County Comprehensive Plan,
29 floodplain management regulations, Florida Building Code, Florida Statutes,
30 Florida Administrative Code, or any other law, rule, or regulation,whether Federal
31 or of the State or of Monroe County, and shall not be construed as ratifying or
32 approving of any such violation of law(s), rule(s), or regulation(s).
33
34 Section 7. Approval of this Ordinance shall not estop or waive, nor shall be construed as
35 estopping or waiving, Monroe County's right to enforce, seek enforcement of, and
36 require compliance with the Monroe County Codes, Monroe County
37 Comprehensive Plan, floodplain management regulations, Florida Building Code,
38 Florida Statutes, Florida Administrative Code, or any other law,rule, or regulation,
39 whether at law or in equity.
40
41 Section 8. No Liability. Monroe County expressly reserves and in no way shall be deemed to
42 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign,
43 governmental, and other similar defense, immunity, exemption, or protection
44 against any suit, cause-of-action, demand, or liability.
American Institute of Certified Planners(A.I.C.P.)—Certification.
s Association of State Floodplain Managers(A.S.F.M.)—Certified Floodplain Manager(C.F.M.).
7 of 8
I Section 9. Inconsistency, Partial Invalidity, Severability, and Survival of Provisions. If
2 any provision of this Ordinance, or part or any portion thereof, is held to be invalid
3 or unenforceable in or by any administrative hearing officer or court of competent
4 jurisdiction, the invalidity or unenforceability of such provision, or any part or
5 portion thereof, shall neither limit nor impair the operation, enforceability, or
6 validity of any other provision of this Ordinance, or any remaining part(s) and/or
7 portion(s) thereof. All other provisions of this Ordinance, and remaining part(s)
8 and/or portion(s) thereof, shall continue unimpaired in full force and effect.
9
10 Section 10. Repeal of Inconsistent Provisions. All ordinances in conflict with this Ordinance
11 are hereby repealed to the extent of said conflict. The repeal of an ordinance herein
12 shall not repeal the repealing clause of such ordinance or revive any ordinance
13 which has been repealed thereby.
14
15 Section 11. Transmittal. This Ordinance shall be transmitted by the Director of Planning to
16 the State Land Planning Agency pursuant to Chapter 163 and 380, Florida Statutes.
17
18 Section 12. Filinu and Effective Date. This Ordinance shall be filed in the Office of the
19 Secretary of the State of Florida but shall not become effective until a notice is
20 issued by the State Land Planning Agency or Administration Commission finding
21 the amendment in compliance with Chapter 163, Florida Statutes and after any
22 applicable challenges have been resolved.
23
24 Section 13. Inclusion in the Land Development Code. The text amendment shall be
25 incorporated in the Monroe County Land Development Code. The numbering of
26 the foregoing amendment may be renumbered to conform to the numbering in the
NMonroe County Land Development Code.
29 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
3I Florida, at a public meeting held on this 15th day of July, 2026.
32 Mayor Michelle Lincoln, District 2
33 Mayor Pro Tem David Rice, District 4
34 Commissioner Craig Cates, District 1
35 Commissioner James K. Scholl, District 3
36 Commissioner Holly Merrill Raschein, District 5
37
38 BOARD OF COUNTY COMMISSIONERS
39 OF MONROE COUNTY, FLORIDA
40
41 By:
42 43 Mayor Michelle Lincoln
44 (SEAL)
5 4 NRO COUNTY ATTORNEY
46 ATTEST: KEVIN MADOK, CLERK $°- �.00z
AP'. . .V D T'
47 Cute:
48 By:
49 AS DEPUTY CLERK
8 of 8
2
a1
4
5
Ci MONROE COUNTY, FLORIDA.
7 PLANNING COMMISSION RESOLUTION NO. P30-25
8
9 A RESOLUTION BY THE MONROE (='OUNTY PLANNING:
10 COMMISSION RECOMMENDING APPROVAL OF AN
1. 1 ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
12 COMMISSIONERS (BOCC) AMENDING CHAPTER 101 —
13 GENERAL, PROVISIONS, SECTION 101-1 DEFINITIONS TO
14 CLARIFY THE, MEASUREMENT OF GRADE AND HEIGHT; AND
15 CHAPTER 1.31 _ BULK REGULATIONS, SECTION 131-2, OF THE
16 MONROE COUNTY LAND DEVELOPMENT CODE TO
17 INCREASE; THE MAXIMUM HEIGHrC OF RESIDENTIAL
18 STRUCTURES FROM 35 FEET TO 42 FEET, AS REQUESTED BY
19 THE BOC:C AT THEIR DUNE 18, 2025, REGUI,,AR COMMISSION
20 MEETING; PROVIDING FOR SEVERABILITY; PROVIDING, FOR
21 REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR
22 TRANSMITTAL. TO THE STATE LAND PLANNING AGENCY
3 AND THE SECRETARY OF STATE, PROVIDING.: FOR
4 AMENDMENT TO AND INCORPORATION IN THE; MONROE
25 COUNTY LAND DEVELOPMENT CODE; PROVIDING; FOR AN
26 EFFECTIVE DATE. (FILE NO. 2025-081)
27
28
29
30 WHEREAS, at the .June 18, 2025, Regular C'ommission meeting, the Monroe County,
31 Board of County Commissioners (-BOC'C"') directed Planning and Environmental Resources
32 Departirrent staff ("Staff") to amend the Monroe C"ounty 2030 Comprehensive flan and [..and
33 Development Code to increase the maximum height of residential structures frorn 35 teet to 42
34 feet, amend the definition of grade, revise the structures that are listed as exceptions to the
35 maximum height restriction,remove the flood related exceptions to height,and allow for additional.
36 height related to airports as approved by the FAA and in accordance with the adopted airport
37 master plan.; and
38
39 WHEREAS, on July 22, 2025, the Applicant held a community meeting, as required by
40 Monroe C:'ounty land Development Code ("[,X"' or "(.ode") `section 102-159(b) to discuss the
41 proposed amendments to the land [development Code and comprehensive plan, and provide for
42 public participation, and
43
44 WHEREAS, the Monroe C"ounty Developrnent. Review Committee (DR(') considered the
45 proposed amendment at a regularly scheduled meeting held on August 26, 2025; and
Resolution P30-25 Page 1 of3
File ##2025-08 1.
I WHEREAS, on August 27, 2025, the Chair of the DRC signed Resolution No. DRC 18-
2 25, recommending approval of the proposed map amendment; and
3
4 WHEREAS, the Planning Commission was presented with the following documents and
5 other information relevant to the request, which by reference is hereby incorporated as part of the.
6 record of said hearing:
7
8 1. Staff report prepared by Barbara Powell,Planning Policy Advisor, September:12,2025;
9 2. Sworn testimony of Monroe County Planning&Environmental Resources Department
10 staff; and
11 3. Advice and counsel of Peter Morris, Assistant County Attorney, and Dirk Smits,
12 Planning Commission Counsel.
13
14 WHEREAS, the Monroe County Planning Commission considered the application, the
15 staff report, and the comments from the public in their discussion; and
16
17 WHEREAS, the Monroe County Planning Commission made the following findings of
18 fact and conclusions of law:
19
20 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
21 Monroe County Year 2030 Comprehensive Plan; and
22 2. The proposed amendment is consistent with the Principles for Guiding Development
23 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.;
24 3. The proposed amendment is consistent with Part II of Chapter 163,Florida Statute;and
25 4. The proposed amendment will not result in an adverse change in community character
26 to the sub-area which a proposed amendment affects.
27
28 NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
29 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
30 approval to the Board of County Commissioners of the amendment to the Land Development Code
31 as proposed, with the exception of striking the proposed amendment to the definition of grade in
32 LDC Section 101-1.
33
34
35 THIS SPACE INTENTIONALLY LEFT BLANK
36
37 SIGNATURES ON FOLLOWING PAGE
38
Resolution P30-25 Page 2 of 3
File##2025-081
I PASSED AND ADOPTED BY THE PLANNING IF COMMISSION of Monroe ("aunty,
2 Florida, at a regular rneetirigheld on the 22"" day of(.,)ctober 2025.
3
4 Joe Scarpelli, ('hair ABSEN't'
5 Ron Dernes, Vice ("hair YES
6 George Neugent, Commissioner YFS
7 Rosernary Thor nas, C'orrunissioner YES
8 Cleric Anderson, Commissioner YES
9
10
11 PLANNING COMMISSION ONI COUNTY, FLORIDA
12
13 By
14 Ron Dernes, Vice Chair
15
16 Signed this day of.'(.,/ 2026
17
18
19
20
21 't�1( S'I'A TF 0 1 fXt'i )A
22
23
JESSICAMCKINNEY
Florida
24 Monroe Planning Commission Attorney Notary Public-State of Florida
Commission#HH 460615
25 Approved as to Form IRIF
My Comm.Expires Nov 1,2027 M
26 Bonded thro*National Notary Assn.
27
28
............
29 Dirk Smits, Fsq.
30
31
32 Date: 1/26/2026
F1 L IEZ"D W I T 1,11 T'1--i t"'E:
6—
Resolution P30-25 Page 3 of 3
File #2025-081
rC �,
p 1"c t � 6
1p� h
w*0 A
2
3 MONROE COUNTY, FLORIDA
4 DEVELOPMEN'r REVIEW COMMITTEE
5 RESOI t.jTION NO. DRC 18-25
6
7 A RESOLUTION BY THE DEVELOPMENT REVIEW
8 COMMITTEE RECOMMENDING APPROVAL OF AN
9 ORDINANCE; BY THE MONROE COUNTY BOARD OF COUNTY
10 COMMISSIONERS AMENDING CHAPTER 101 — GENERAL
11 PROVISIONS, SECTION 101-1 DEFINITIONS TO CLARIFY THE
12 MEASUREMENT OF GRADE AND HEIGHT; AND CHAPTER 131
13 — BULK REGULATIONS, SECTION 1.31-2, OF THE MONROE.
14 COUNTY LAND DEVELOPMENT CODE TO INCREASE THE
15 MAXIMUM HEIGHT OF RESIDENTIAL STRUCTURES FROM 35
16 FEE:T TO 42 FEET, AS REQUESTED BY THE EIOCC AT THEIR
17 JUNE 18, 2025, REGULAR COMMISSION MEETING;
18 PROVIDING FOR SE:VERABILITY; PROVIDING: FOR REPEAL
19 OF CONFLICTING PROVISIONS; PROVIDING FOR
20 "ITRANSMn"'TAL TO THE STATE LAND PLANNING AGENCY
21 AND THE, SECRETARY OF STATE; PROVIDING. FOR
22 AMENDMENT TO AND INCORPORATION IN THE: MONROE
2.3 COUNTY I:,AND DEVELOPMENT CODE; PROVIDING FOR AN
24 EFFECTIVE DATE. (FILE NO. 2025-081)
25
26
27 WHEREAS, at the ,tune 18, 2025, Regular Commission meeting, the Monroe County
28 Board of County Commissioners ("BOC("') directed Planning and Environmental Resources
29 Department staff' ("Staff") to amend the Monroe County 2030 CTomprehensive Plan and Land
30 Development Code to increase the maximum height. of'residential structures from 35 feet to 42
31 feet, amend the, definition of grade, revise the structures that are listed as exceptions to the
32 maximum height restriction,remove the flood related exceptions to height,and allow for additional
33 height related to airports as approved by the FAA and in accordance with the adopted airport.
34 master plan, and
35
36 WHEREAS, there is a corresponding text amendment to the Monroe;.. County 2030
37 Comprehensive flan proposing to amend Policies 101.5.30. 101.5.3 L 101.5.32, 10L5.33,
38 103.5.34, and the G ilossary of the, Monroe County 2030 Comprehensive flan to increase the
39 maximum height of residential structures 1`rom 35 feet to 42 feet, amend the definitions of grade
40 and height, revise the structures that are listed as exceptions to the maximum height restriction,
41 and allow for additional height related to airports; and
42
43 WHEREAS, on July 22, 2025, a community meeting was held, as required by Monroe
44 County 1.,and Development Code ("LDC"' or "Code") Section 102-159(b) to discuss the proposed
ResolUtion No. DRC 18-25
File 2025-081 Page 1 cif 2
I amendment to the Land Development Code and comprehensive plan, and provide for public
2 participation; and
3
4 WHEREAS. the Monroe (-'ounty Development Review Committee (DRC.) considered the
5 proposed amendment at a regularly scheduled meeting held on August 26, 2025; and
6
7 WHEREAS, based upon the information and documentation Submitted, the Development
8 Review Committee Chair found:
9
1. The proposed amendment to the Monroe County ],and Development Code is
consistent with the Goals, Objectives and Policies of the Monroe County Year 2030
12 (-'ornprehensive Plan; and
13 2. The proposed amendment is consistent with the Principles for Guiding Development
14 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), l".S.-I and
15 3. The proposed arnendment is consistent with Part 11 of Chapter 163, 11orida. Statute.
16
17 NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT' REVIEW
18 COMMITTEE OF MONROE COUNTY, FLORIDA that the information provided in the staff'
19 report and discussed at the August 26, 2025 meeting supports the (:'hair's decision to recommend
20 approval of the proposed text amendment to Sections 10 1-I and 131-2 of the Land Development
21 Code
22
23
24
/L
25 Date 1,
26 ze/vinl olpin, AlCP, CFM
27 Senior Director of Planting and Environmental Resources
28
29 1 HEREBY (.,'ERTIFY that on this day before me, an officer duly authorized in the State aforesaid
30 and in the ('.'ounty aforesaid, to take acknowledgments, personally appeared Devin Tolpin, to nie
31 known to be the person described in and who executed the foregoing instrument and she
32 acknowledged before me that she executed the same.
33
34 WI'I'Nl',SS my hand and official seal in the County and State last aforesaid this day of'
35 2025.
16
37
38
39 ARY PUB I(," STA- FLORIDA
A iM a 0
JESSICA MCXIN:INIEY
f2M."! NOWY Public-Stteof Florida'
60
Commission 9 HH 460615
MY Comm.Expires Nov 1,2027
bonded thrOU0 NA00ftal Notary Assn,
Resolutioti No. DRC 18-25
File 2025-081 Page 2 of'2
j�
BUSINESS IMPACT ESTIMATE'
Meeting Date: July 15,2026
Proposed Ordinance Title/Reference: Ordinance Amending Section 101-1 and Section 131-2 of
the Monroe County Land Development Code to Amend the Definitions of Grade and Height,
to Increase the Maximum Height of Residential Structures from 35 Feet to 42 Feet, to Revise the
List of Exceptions to the Maximum Height Restriction, and to Allow for Additional Height
Related to Airports as Approved by the Federal Aviation Administration (FAA), as Requested
by the Monroe County Board of County Commissioners (BOCC) at the June 18, 2025, BOCC
Meeting.
The Proposed Ordinance ❑ does ® does not fall under one of the following enumerated
exceptions:'
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑The proposed ordinance relates to the adoption of budgets or budget amendments,
including revenue sources necessary to fund the budget;
❑The proposed ordinance is required to implement a contract or an agreement,
including,but not limited to, any Federal,State,local, or private grant or other financial
assistance accepted by the county government;
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement;or
❑ The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code;or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
Summary of Proposed Ordinance and Statement of Public Purpose to be Served: The
proposed amendment revises the Monroe County Land Development Code by increasing the
maximum permitted height for structures developed exclusively with residential uses from 35
feet to 42 feet. The amendment also revises the definitions of Grade and Height to clarify how
building height is measured and identifies additional rooftop features that may be excluded
from the maximum height calculation, provided such exclusions do not create habitable or
usable space beyond the applicable height limitation.
The proposed LDC amendment implements the Comprehensive Plan by allowing structures
developed exclusively with residential uses to have a maximum height of 42 feet. The
amendment establishes a setback requirement for rooftop structures excluded from the
maximum height restriction, requiring such structures to be set back from the building roof-
top edge one foot for every one foot of vertical rise above the 42-foot height limitation of the
residential structure.
The amendment further revises and clarifies the list of permitted height exclusions, including
mechanical equipment, elevator shafts and equipment, solar apparatus, utility poles and
transmission towers, certain antenna supporting structures as permitted by Chapter 146, and
non-opaque railings or guards up to 42 inches high. The amendment also clarifies that, within
airport districts, the height exclusions may only be utilized when approved by the Federal
Aviation Administration (FAA), ensuring consistency with adopted Airport Master Plans and
applicable federal aviation safety requirements.
applicable to residential structures. Because structures developed exclusively with residential
uses may now be developed to a maximum height of 42 feet, the separate flood-related
residential height exception is no longer necessary. Existing Ocean Reef height provisions and
other applicable height exceptions remain unchanged except as specifically revised by this
ordinance.
Estimate of Direct Economic Impact on Private/For Profit Businesses:
a. Estimate of Direct Business Compliance Costs:
The ordinance ("amendment") is not intended to directly impact business compliance
costs.
b. New Charges/Fees on Businesses Impacted:
This amendment does not impose any new County fees/charges to be assessed.
c. Estimate of Regulatory Costs:
This amendment does not impose any added regulatory expense and therefore is not
anticipated to create such costs associated with compliance such as County regulations.
'Business impact statement must be posted on the county's website no later than the date the notice of proposed
enactment is published.
2 F.S.125.66(3)(c)(2025)
Good Faith Estimate of Number of Businesses Likely pacted: The estimated number of
businesses likely to be impacted by this ordinance ("amendment") cannot be quantified at this
time because the amendment neither is intended to directly impact business compliance costs
nor imposes any County fees/charges to be assessed.
Any Additional Information:N/A.
Liz Yongue
From: Jordan Mannix-Lachner <jmannixlachner@keyslaststand.org>
Sent: Thursday, July 9, 2026 6:50 PM
To: Ballard-Lindsey
Cc: Cates-Craig; BOCCDIS3; BOCCDIS2; BOCCDIS4; BOCCDIS5; Hurley-Christine;
Schemper-Emily; Powell-Barbara; Stuart Schaffer; Gomez-Krystal; Liz Yongue
Subject: Re: Last Stand Letter on Third Floor in Residential Structures
Attachments: Last Stand_Letter_BOCC_ItemU6_7.9.26_Revl.pdf
You don't often get email from jmannixlachner@keyslaststand.org.Learn why this is important
Thank you Lindsey! Third time's the charm? It is now officially attached.
Thanks so much,
Jordan Mannix-Lachner
Executive Director
Last Stand of the Florida Keys
KeysLastStand.org
ING TN
MAST STAND
srtxEava
On Thu, Jul 9, 2026 at 6:06 PM Ballard-Lindsey<Ballard-Lindsey(0)monroecounty-fl.gov>wrote:
Hi Jordan—no letter was attached.
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Monroe County, Florida
"The Florida Keys„
"We may encounter many defeats, but we must not be defeated."—Maya Angelou
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM T}EE
COUNTY 2E(�ARDINC� COUNTY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON
REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT'TO PUBLIC DISCLOSURE.
Please consider the ens roniment when
detia ding wheflier to print this email,
From:Jordan Mannix-Lachner<imannixlachner()keyslaststand.org>
Sent:Thursday, July 9, 2026 5:55 PM
To: Cates-Craig<Cates-Craig@MonroeCounty-FL.Gov>; BOCCDIS3 <BOCCDIS3@MonroeCounty-
FL.Gov>; BOCCDIS2 <boccdis2()monroecounty-fLgov>; BOCCDIS4 <BOCCDIS4@MonroeCounty-
FL.Gov>; BOCCDIS5 <BOCCDIS5@MonroeCounty-FL.Gov>
Cc: Hurley-Christine <Hurley-Christine@MonroeCounty-FL.Gov>; Schemper-Emily<Schemper-
Emily@MonroeCounty-FL.Gov>; Ballard-Lindsey<Ballard-Lindsey@MonroeCounty-FL.Gov>; Powell-
Barbara <Powell-Barbara@MonroeCounty-FL.Gov>; Stuart Schaffer<sschaffer()keyslaststand.org>
Subject: Re: Last Stand Letter on Third Floor in Residential Structures
2
ICAUTION:This email originated from outside of the County.Whether you know the sender or not, do not
click links or open attachments you were not expecting.
Hi everyone,
I forgot to include the referenced attached language. It's been added to the attached version.
Thank you!
Jordan Mannix-Lachner
Executive Director
Last Stand of the Florida Keys
KeysLastStand.org
4�LtING t„fi
q N
MAST STAND;
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On Thu, Jul 9, 2026 at 4:39 PM Jordan Mannix-Lachner<imannixlachner()keyslaststand.org>wrote:
Good afternoon Mayor Lincoln and Commissioners,
I am writing to share Last Stand's letter to commissioners regarding Agenda Item U6 on next week's
agenda. I hope you all have a great weekend!
Respectfully,
3
Jordan Mannix-Lachner
Executive Director
Last Stand of the Florida Keys
KeysLastStand.org
,%NG Tye,
MAST STAND;
srtxE,va
4
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LAST STAND
July 9, 2026
Monroe County Board of County Commissioners
uoo Simonton Street
Key West, FL 33040
RE:Agenda Item U6:An Ordinance to Increase the Maximum Height and Number of Stories for
Residential Structures
Dear Mayor Lincoln and County Commissioners:
This note contains Last Stand's comments on agenda item U6 for the July 15 BOCC meeting which
proposes amendments to the Land Development Code to increase the maximum height for residential
structures and to allow more than two floors for all residential structures.
Last Stand opposes allowing more than two floors for residential structures other than deed-restricted
multifamily affordable workforce housing.
We are concerned that allowing a third floor for market-rate housing will result in the development of
houses with much greater square footage that will be used for vacation rentals, destination venues, and
vacation homes. This means houses with more bedrooms and more bathrooms. The result will be more
strain on our electricity,water, and wastewater infrastructure and more vehicles on the Overseas
Highway. As it is,we are seeing the development throughout the county of enclaves of large houses that
take advantage of the gated community exception to short-term vacation rental restrictions and are
being marketed for investment due to their potential use as vacation rental or destination venue
properties. Under the proposed Land Development Code amendment,these types of developments will
be able to accommodate even more people.
We have drafted language for the proposed Land Development Code amendment that County staff has
agreed will not run afoul of SB 18o's prohibition of amendments that are "more restrictive or
burdensome." That language is attached. What it does is prohibit more than two floors for residential
structures except for deed-restricted multifamily affordable workforce housing and structures for
which more than two floors are permitted under the LDC as currently written.
Please vote to include our language that limits residential structures to two floors unless they are
deed-restricted for affordable workforce housing.
Respectfully submitted:
Keys Last Stand
PROPOSED NEW LDC SECTION 131-2(e)
(e) New residential structures shall not exceed two (2) habitable floors except for the following:
(1) New residential structures not exceeding 35 feet in height.
(2) After the adoption and on the effective date of updated FEMA flood insurance rate
maps (FIRMS), new residential buildings (including substantial improvements)
elevated to meet or exceed the FEMA base flood elevation (BFE) located within the
special flood hazard area that have a height of more than 35 feet and not more than
40 feet in order to elevate to or maintain the required elevation based on the Florida
Building Code, as specified in R322.2.1 and R322.3.2 (elevation requirements). The
updated FEMA flood insurance rate maps are the maps adopted subsequent to
FEMA flood insurance study and the accompanying flood insurance rate maps, dated
February 18, 2005. Buildings not elevated to or maintaining the required elevation
based on the Florida Building Code, are not eligible to exceed two (2) habitable
floors under this clause (2).
(3) New multifamily residential structures that are deed-restricted as affordable and
employee housing as defined in Section 101-1.