GLOSSARY
General
If definitions sought are not within this section, the County shall utilize the adopted definitions of its LDC and, secondly, refer to the Florida Statutes. If a definition is not provided in these documents, the County shall utilize the term as commonly used.
Acronyms
ACSC: Area of Critical State Concern AWT: Advanced Wastewater Treatment BOCC: Monroe County Board of County Commissioners CHHA: Coastal High Hazard Area CBRS: Coastal Barrier Resources System DEO: Department of Economic Opportunity DNL: Day/Night Average Sound Level DOH: Florida Department of Health DU: Dwelling Unit EPA: Environmental Protection Agency FAR: Floor Area Ratio FDEP: Florida Department of Environmental Protection FDOT: Florida Department of Transportation FEMA: Federal Emergency Management Agency FKAA: Florida Keys Aqueduct Authority FKNMS: Florida Keys National Marine Sanctuary FLUM: Future Land Use Map FWC: Florida Fish and Wildlife Conservation Commission GHGEs: Greenhouse Gas Emissions HUD: U.S. Department of Housing and Urban Development KEYWEP: Keys Wetland Evaluation Procedure LDC: Land Development Code LOS: Level of Service LPA: Local Planning Agency MHWL: Mean High Water Line MIAI: Military Installation Area of Impact MLWL: Mean Low Water Line MMP: Maintenance and Management Plan NASKW: Naval Air Station Key West NOAA: National Oceanic and Atmospheric Administration NROGO: Nonresidential Rate of Growth Ordinance OSDS: On-Site Sewage Disposal System ROGO: Rate of Growth Ordinance ROSPA: Recreation and Open Space Planning Area ROW: Right of Way SFWMD: South Florida Water Management District TDR: Transferable Development Rights TRE: Transfer of ROGO Exemption UKROSPA: Upper Keys Recreation and Open Space Planning Area USACE: United States Army Corps of Engineers USFWS: United States Fish and Wildlife Service Defined Terms
A
Abandoned means the voluntary discontinuation of a use. When the use of a property has ceased and the property has been vacant for 18 months, abandonment of use will be presumed unless the owner can show that a diligent effort has been made to sell, rent, or use the property for a legally permissible use. This excludes temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Accessory Use or Accessory Structure means a use or structure that:
(1)
Is subordinate to and serves an existing principal use or principal structure; and
(2)
Is subordinate in area, extent and purpose to an existing principal use or principal structure served (for this definition docks, pools, pool decks, driveways are excluded from total area); and
(3)
Contributes to the comfort, convenience or necessity of occupants of the principal use or principal structure served; and
(4)
Is located on the same lot/parcel or on a lot/parcel that is under the same ownership as the lot/parcel on which the principal use or principal structure is located; and
(5)
Is located on the same lot/parcel or on a contiguous lot/parcel as an existing principal use or principal structure, excluding accessory docking facilities that may be permitted on adjacent lots/parcels pursuant to section 118-12 of the County's LDC; and
(6)
Is located in the same land use (zoning) district as the principal use or principal structure, excluding off-site parking facilities pursuant to section 114-67 of the County's LDC.
Active Recreation means recreational uses that require facilities or facility types such as, but not limited to: athletic fields; buildings or structures for recreational activities, concessions, or festivals; fitness courses; playing or courts; playgrounds; dog play areas; or bike paths.
Adaptation Action Area or Adaptation Area means an area prioritized for adaptation planning because it is subject to coastal flooding due to extreme high tides and/or storm surge, and that is vulnerable to the related impacts of rising sea levels. This term is used herein for the purpose of prioritizing adaptation planning.
Adjacent means land sharing a boundary with another parcel of land at one or more points of intersection. An intervening road, right-of-way or easement shall not destroy the adjacency of the two parcels, except for U.S. 1.
Administrative Relief means actions taken by the County granting the owner of real property relief from the continued application of the rate of growth ordinance restrictions provided they meet the criteria established in the Land Development Code.
Affordable Housing means residential dwelling units that meet the following requirements:
a.
Meet all applicable requirements of the United States Department of Housing and Urban Development minimum property standards as to room sizes, fixtures, landscaping and building materials, when not in conflict with applicable laws of the County; and
b.
Have a sale price or rental amount that is within the financial means of County households, as defined in the Land Development Code; and
c.
Meet the income requirements, as defined in the Land Development Code.
Agriculture means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use, and includes aquaculture, horticulture, floriculture, viticulture, mariculture/aquaculture, forestry, dairy, livestock, poultry, and any and all forms of farm products and farm production.
Airport means any area of land or water, or any manmade object or facility located thereon, which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. There are both public and private airports, which are differentiated as follows:
(a)
A public airport is publicly or privately owned, meets minimum safety and service standards, and is open for use by the public; and
(b)
A private airport is publicly or privately owned, and is available for use by invitation of the licensee. Services may be provided if authorized by the Florida Department of Transportation.
Amendment means any action of the County which has the effect of amending, adding to, deleting from or changing an adopted comprehensive plan element or map or map series, including an action affecting a prior plan or plan amendment adoption ordinance, but shall not mean a legislative act which only codifies County legislation or makes corrections, updates and modifications of the capital improvements element concerning costs, revenue sources, acceptance of facilities or facility construction dates consistent with the plan.
Archaeological Resource means a place and/or material remains where remnants of a past culture or society survive in a physical context.
Arterial Road means a route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. U.S.1 is an arterial road.
Available (as applied to a publically-owned or investor-owned sewerage system), means that the sewerage system is capable of being connected to the plumbing of an establishment or residence, is not under a department of environmental protection moratorium, and has adequate permitted capacity to accept the sewage to be generated by the establishment or residence.
B
Beach means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach," as used in the Conservation and Coastal Management element, is limited to oceanic and estuarine shorelines.
Beach Berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is calcareous material that is the remains of marine organisms such as corals, algae and mollusks. The berm may include forested, coastal ridges and may be colonized by hammock vegetation.
Beekeeping means the raising, caring for, and breeding of honeybees at an apiary site.
Beneficial Use means the use of property that allows an owner to derive a benefit or profit in the exercise of a basic property right.
Bird Rookery means a communal nesting ground for gregarious birds.
Boat Barn means a structure enclosing and/or covering boat storage racks with a roof and one or more sides and used for the storage of vessels and associated equipment not associated with retail sales of boats. Boat barns within marinas may be considered as the principal building or structure, but the marina remains the principal use.
Buffer/Bufferyard means a land area of specified minimum width, together with required planting and landscaping consisting of native vegetation or other species included on an approved species list used to visibly separate one use from another, or to shield or block noise, lights, or other nuisances. A bufferyard may also contain a barrier such as a berm, wall, or fence, designed to provide screening.
Buildable Acre means the upland portion of a parcel that is not required open space. Also referred to as Buildable Area.
Building means a structure that is located on land or water and which can be used for housing, business, commercial, agricultural, storage or office purposes, either temporarily or permanently.
Built Environment means all structures and spaces that are created or modified by people, including utilities and transportation systems.
C
Cactus Hammock means a low hammock with understories and/or ground covers with an abundance of cacti of the genera Optunia and Cereus. Common species in cactus hammocks include Barbed Wire Cactus (Cereus pentagonus) and Prickly Pear Cactus (Optunia stricta var. dillenii). Rare species include Tree Cactus (Cereus robinii) and Prickly Apple Cactus (Cereus gracilis).
Campground means any parcel of land, whether improved or unimproved, used for tent camping, including pop-ups, for tenancies of less than six months.
Canal means a manmade trench, the bottom of which is normally covered by water with the upper edges of its sides normally above water.
Capital Budget means the portion of the County's budget which reflects capital improvements scheduled for a fiscal year.
Capital Improvement means the physical assets constructed or purchased to provide, improve or replace a public facility and which are large scale and high in cost. The cost of a capital improvement is generally nonrecurring and may require multi-year financing. Physical assets which have been identified as existing or projected needs in the individual comprehensive plan elements are capital improvements.
Carrying Capacity means the level of use which can be accommodated and continued without irreversible impairment and degradation of natural resource productivity, the ecosystem, or the quality of air, land, or water resources.
Certificate of Occupancy means the written certification issued by the County that a building is ready for occupancy for its intended use. A setup or tie-down permit issued for a mobile home shall be considered a Certificate of Occupancy for the purposes of this article.
Channel means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.
Coastal High Hazard Area (CHHA) means the area below the elevation of the Category 1 storm surge line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model.
Collector Road means a roadway providing service which is of relatively moderate traffic volume, moderate trip length, and moderate operating speed. Collector roads collect and distribute traffic between local roads and arterial roads.
Commercial Recreation means a use designed and equipped for the conduct of sports and leisure-time activities (indoor and outdoor), operated as a business.
Commercial Apartment means an attached or detached residential dwelling unit, located on the same parcel of land as a nonresidential use, that is intended to serve as permanent housing for the owner or employees of that nonresidential use. The term does not include a tourist housing use or vacation rental use.
Commercial Fishing means the catching, landing, processing and/or packaging of seafood for commercial purposes; the storage, mooring and docking of commercial fishing vessels and/or the manufacture, assembly, repair, maintenance and storage of traps and other commercial fishing equipment; and the term includes charter boat uses and sport diving uses.
Commercial Retail Use means an occupation or service providing primarily for the sale of consumer goods, products, merchandise or services.
Community Center means a defined geographic development focal area as identified within each of the Livable CommuniKeys Plans.
Community Character means the image and perception of a community as defined by the recognizable natural and built landmarks, boundaries and features that provide a sense of place and orientation and the interrelationship of all these characteristics.
Compatibility means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition.
Comprehensive Plan means the compilation of goals, objectives, policies, and maps for the physical, social, and economic development within the County, adopted by ordinance pursuant to Chapter 163, Part II, Florida Statutes, as amended and containing all statutorily-required elements.
Concept Meeting means a meeting a private applicant must attend with the Planning and Environmental Resources Department with the submission of an application for amendment to the text of the Land Development Code and/or Comprehensive Plan to explain and identify county-wide policy impacts for the Board of County Commissioners and the public.
Concurrency means that the necessary public facilities and services to maintain the adopted level of service standards are available when the impacts of development occur.
Concurrency Management System means the procedures and/or process that the County will utilize to assure that development orders and permits are not issued unless the necessary facilities and services are available concurrent with the impacts of development.
Contiguous means a sharing of a common border at more than a single point of intersection. Contiguity is not interrupted by utility easements.
County means, as used in this comprehensive plan, unincorporated Monroe County, Florida.
D
De Minimis Traffic Impact means an impact that would have a minimal or very minor effect upon the adopted levels of service.
Density means an objective measurement of the magnitude of residential use on a site. Density is measured and expressed as the number of dwelling units/rooms/spaces per acre of upland.
Density, Allocated means the number of dwelling units or rooms/spaces which may be permitted to be developed per gross acre of upland without the use of Transferable Development Rights (TDRs).
Density, Maximum Net means the maximum number of dwelling units or rooms/spaces which may be permitted to be developed per buildable acre, with the use of Transferable Development Rights (TDRs) or for affordable housing.
Detention means the temporary delay of stormwater runoff by a structure, for water quantity and quality improvements, prior to discharge into receiving waters.
Developed Area means an area with significant site improvements, such as utility installations, paving, and the construction of one or more structures has occurred.
Development means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels.
The following activities or uses shall be taken for the purposes of this Comprehensive Plan to involve "development," as defined in this glossary:
a)
A reconstruction, alteration of the size, or material change in the external appearance of a structure on land.
b)
A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure or on land.
c)
Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any "coastal construction" as defined in Section 161.021, F.S.
d)
Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land.
e)
Demolition of a structure.
f)
Clearing of land as an adjunct of construction.
g)
Deposit of refuse, solid or liquid waste, or fill on a parcel of land.
The following operations or uses shall not be taken for the purpose of this Comprehensive Plan to involve "development" as defined in this glossary:
a)
Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the right-of-way.
b)
Work by any utility and other persons engaged in the distribution or transmission of gas, electricity, or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like. This provision conveys no property interest and does not eliminate any applicable notice requirements to affected land owners.
c)
Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.
d)
The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.
e)
The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.
f)
A change in use of land or structure from a use within a category specified in an ordinance or rule to another use in the same category.
g)
A change in the ownership or form of ownership of any parcel or structure.
h)
The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land, or other rights in land.
Development Order means any order granting, denying, or granting with conditions an application for a development permit.
Development Permit means any building permit, plat approval, conditional use permit, subdivision approval, rezoning, variance, special exception, or any other official action of Monroe County having the effect of permitting the development of land.
Disturbed Land means land that manifests signs of environmental disturbance that has had an observable effect on the structure and function of the natural community.
Disturbed Salt Marsh and Buttonwood Wetlands means salt marsh or buttonwood wetland habitat with environmental disturbance that has had an observable effect on the structure and function of the natural community.
Drainage Facilities means a system of man-made structures designed to collect, convey, hold, divert, or discharge stormwater, and includes stormwater sewer, canals, detention structures, and retention structures.
Dredging means excavation below water level or in wetlands.
Ductless air conditioning means a system used to cool a structure that does not require duct work and consists of two separate components: an outdoor condenser, and an indoor evaporator (does not include a window air conditioner which is self-contained, or one piece).
Dune means a mound, bluff, or ridge of loose sediment, usually sand-sized sediment, lying landward of the beach and deposited by any wind or ocean current or artificial mechanism.
Dwelling Unit means one or more rooms physically arranged for occupancy by one household sharing common living, cooking, and toilet facilities.
E
Easement means a grant of one or more of the property rights by the property owner to and/or for the use by the public, the County, a public or private utility, a corporation, or another person or entity.
Element means a major division or chapter of the comprehensive plan. The required elements, per Florida Statutes, are: Future Land Use, Transportation (including Traffic Circulation, Mass Transit, and Ports, Aviation and Related Facilities sub-elements), Infrastructure (including Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural Groundwater Aquifer Recharge sub-elements), Conservation, Coastal Management, Recreation and Open Space, Housing, Intergovernmental Coordination, and Capital Improvements.
Environmentally Sensitive Lands means areas of native habitat requiring special management attention to protect important fish and wildlife resources and other natural systems or processes. Environmentally sensitive lands typically include wetlands and other surface waters, tropical hardwood hammocks and pinelands.
For the purposes of the Tier Overlay District (Policy 105.2.1) Environmentally Sensitive Lands means areas of native upland habitat (hammock and pinelands).
Expansion of Nonconforming Use means extending a nonconforming use to occupy a greater amount of area beyond that which it occupied on the date the use became nonconforming.
F
Family means a person living alone, or people living together as a single household and sharing common living, cooking, and toilet facilities:
(1)
Any number of people related by blood, marriage, adoption, guardianship, or duly authorized custodial relationship;
(2)
three unrelated people;
(3)
two unrelated people and any children related to either of them.
Floodplain means any land area susceptible to being inundated by flood waters from any source. (FEMA definition)
Floor Area means the sum of the gross horizontal areas of each story of a building, measured from the exterior walls or from the centerline of party walls, including the floor area of accessory uses and of accessory buildings and structures.
Floor Area Ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross upland area. The FAR is calculated by adding together the gross floor areas of all buildings on the site and dividing by the gross upland area. For example, the FAR of a 10,000 total square foot structure on a one acre upland site equals: 10,000 square feet ÷ 43,560 square feet (1 acre) = a FAR of 0.23.
Future Land Use Map (FLUM) means a graphic representation of the land use categories used in the County and their placement on the land adopted as part of the comprehensive plan and used as the regulatory map for implementation of the comprehensive plan and land development regulations.
G
Goal means the long-term end toward which programs or activities are ultimately directed.
Grade means the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, or the crown or curb of the nearest road directly adjacent to the structure, whichever is higher.
Gray water reuse means reusing wastewater from residential, commercial and industrial bathroom sinks, bath tub shower drains, and clothes washing equipment drains for reuse onsite, typically for toilet flushing.
Greenhouse Gas Emissions (GHGEs) means those emissions regulated under the Kyoto Protocol, including: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). Direct GHGEs are emissions from sources that are owned or controlled by the reporting entity such as energy use for the electricity generation by utilities. Indirect GHGEs are emissions that are a consequence of the activities of the reporting entity, but occur at sources owned or controlled by another entity.
Green Infrastructure means strategically planned and managed networks of natural lands, working landscapes and other open spaces that conserve ecosystem values and functions and provide associated benefits to human populations.
H
Habitable Space means any structure equipped for human habitation such as, but not limited to, office, workshop, kitchen, dining, living, laundry, bathroom, bedroom, den, family or recreational room; professional studio or commercial occupancy including all interior hallways, corridors, stairways and foyers connecting these areas. Garages, exterior stairs and open decks and patios are not considered habitable structures.
Hazardous Waste (or Materials) means solid waste which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial present or potential hazard to human health and safety or to the environment when improperly transported, disposed of, stored, treated, or otherwise managed.
Height means the vertical distance between grade and the highest part of any structure, including mechanical equipment, but excluding the following: spires and/or steeples on structures used for institutional and/or public uses only; chimneys; radio and/or television antenna; flagpoles; solar apparatus; utility poles and/or transmission towers; and certain antenna supporting structures with attached antenna and/or collocations as permitted in the Land Development Code. However, in no event shall any of the exclusions enumerated in this definition be construed to permit any habitable or usable space to exceed the maximum height limitation. In the case of airport districts, the height limitations therein shall be absolute and the exclusions enumerated in this definition shall not apply.
Historic, Cultural or Archaeological Landmark means a structure, district, or site designated by BOCC Resolution as a historically, architecturally, or archaeologically significant landmark on the Florida Keys Historic Register.
Historical Resource means a structure, district, or site listed on the Florida Master Site File, the National Register of Historic Places, or designated by the BOCC as a local Historic or Archaeological Landmark.
Historically Significant Housing means a dwelling unit that is designated as a local historic, cultural and/or archaeological landmark on the Florida Keys Historic Register, or is listed on the National Register of Historic Places.
Hotel/Motel means a building containing individual units for the purpose of providing overnight lodging facilities for periods not exceeding 30 days to the general public for compensation with or without meals, and which has common facilities for reservations and cleaning services, combined utilities and on-site management and reception.
Household means all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, is also counted as a household.
Household Income means all wages, assets, regular cash or noncash contributions or gifts from persons outside the household, and such other resources and benefits as may be determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, less deductions allowable under Section 62 of the Internal Revenue Code. Also known as Adjusted Gross Income.
I
Immediate Vicinity means a distance of less than 5 miles.
Impact Fee means charges assessed against new development or redevelopment which partially or wholly cover the cost of providing capital facilities needed to serve the development.
Impervious Surface means a surface that does not allow, or minimally allows, the penetration of water; examples include building roofs, concrete and asphalt pavements, set pavers, and some fine-grained soils, such as clays.
Industrial Use means a use devoted to the manufacture, warehousing, assembly, packaging, processing, fabrication, storage or distribution of goods and materials whether new or used or the substantial refinishing, repair and/or rebuilding of vehicles or boats.
Infrastructure means those man-made structures which service the common needs of the population, such as: sewage disposal systems; potable water systems and wells; solid waste disposal sites or retention areas; stormwater systems; utilities; piers; docks; wharves; breakwaters; bulkheads; seawalls; bulwarks; revetments; causeways; marinas; navigation channels; bridges; and roadways.
Institutional-Residential Use means temporary or permanent housing associated with an institutional organization, such as a group home, foster care facility, convent, nursing facility, student housing, life care/elderly housing, or scientific research facility.
Institutional Use means a use that serves the religious, educational, cultural, scientific, research, social service, or health needs of the community, including, but not limited to, educational and scientific research facilities that serve the region and day care and preschool facilities.
Intensity means an objective measurement of the magnitude of nonresidential use on a site. Intensity is measured and expressed as a floor area ratio (FAR) (see definition of Floor Area Ratio).
K
Keys Wetland Evaluation Procedure (KEYWEP) means a specific wetlands evaluation procedure developed for wetlands in the Florida Keys. It includes a scoring procedure used to determine wetland mitigation requirements. It was developed as part of the Advanced Identification of Wetlands Program.
L
Land means the earth, at or below the surface that lies above high tide for lands subject to tidal inundation and mean high water for freshwater bodies of water.
Land Development Code (LDC) means ordinances enacted by the County for the regulation of any aspect of development as defined herein.
Level of Service means an indicator or the extent or degree of service provided by, or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of service indicates the capacity per unit of demand for each public facility.
Live-Aboard Vessel means
(a)
Any vessel used solely as a residence and not for navigation;
(b)
Any vessel represented as a place of business or a professional or other commercial enterprise; or
(c)
Any vessel for which a declaration of domicile has been filed pursuant to section 222.17, F.S.
A commercial fishing boat is expressly excluded from the term live-aboard vessel. Live-aboard vessels are expressly excluded from the allocation system, as the vessels do not occupy a distinct location, and therefore cannot be accounted for in the County's hurricane evacuation model. Under no circumstances shall a vessel or associated wet slips be transferred upland or converted to a dwelling unit of any other type. Vessels or associated wet slips are not considered ROGO allocation awards, and may not be used as the basis for any type of ROGO exemption or TRE.
Local Planning Agency means the agency designated to prepare a comprehensive plan or plan amendment pursuant to the Community Planning Act. (aka: Planning Commission)
Low Impact Development (LID) means an approach to land development that works with nature to manage stormwater as close to its source as possible using various land planning and design practices and technologies. Some common LID practices include:
• Vegetated swales, buffers and strips
• Permeable pavers
• Green roofs
• Rain gardens and bioretention
• Tree or natural area preservation
• Rain gardens, rain barrels or cisterns
• In-ground infiltration and storage
• Green build programs such as Florida Water Star SM
M
Maintenance Dredging means the removal of shoaling and/or sedimentation in channels, basins, canals, and harbors necessary to return such areas to their previous configurations, dimensions and depths. Maintenance dredging is subject to specific conditions and limitations (e.g., natural resource restrictions and dredged spoil disposal methods).
Major Trip Generator means facilities generating over two thousand (2,000) trips per day.
Marina means a facility for the storage, launching and mooring of vessels and/or live-aboard vessels, together with accessory retail and/or service uses, including but not limited to commercial retail, restaurants, vessel rentals, charter vessels, vessel repair, sport diving operations, and the provision of fuel. The term marina does not include docks accessory to a land-based dwelling unit limited to the use of owners or occupants of the dwelling unit.
Marine Educational/Research Facility means a building or place that provides marine education and research services, including, but not limited to, classrooms, libraries, auditoriums, laboratories, museums, ocean energy or coral reef management test sites, and dockage.
Mitigation (as related to wetlands) means a wetland enhancement, restoration, creation and/or preservation project that serves to offset unavoidable wetland impacts associated with development.
Mitigation (as related to climate change) means an intervention to reduce the causes of changes in climate, such as reducing emissions of greenhouse gases in the atmosphere.
Mobile Home means a structure, transportable in one or more sections, which is 8 body feet or more in width and over 35 feet in length and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities. Expandable recreational vehicles, known as "park models," designed and built as permanent residences, are considered mobile homes as well.
N
Native Upland Vegetation/Habitat (also Upland Native Vegetation/Habitat) means native plant species, either new growth or mature, occurring within native upland plant communities including pinelands, cactus hammocks, palm hammocks or tropical hardwood hammocks. Within pineland habitats, the dominant canopy consists of slash pines (Pinus elliottii var. densa). Many of the species include:
Native Upland Vegetation/Habitat Species
Common Name Scientific Name/Species Habitat Bahama Nightshade Solanum bahamense Hardwood Hammock Big Pine partridge pea; Florida Keys senna; key cassia Cassia keyensis Pinelands Black Bead Pithecellobium guadalupense Hardwood Hammock Black Ironwood Krugiodendron ferreum Hardwood Hammock Black Torch Erithalis fruticosa Hardwood Hammock Blodgett's silverbush Argythamnia blodgettii Pinelands Buttonwood Conocarpus erectus Hardwood Hammock Cockspur Pisonia rotundata Hardwood Hammock Crabwood Gymnanthes lucida Hardwood Hammock Darling Plum Reynosia septentrionalis Hardwood Hammock Everglades Velvetseed Guettarda elliptica Hardwood Hammock Florida five-petalled leafflower Phyllanthus pentaphyllys var. floridanus Pinelands Florida Keys noseburn Tragia saxicola Pinelands Florida Keys wedge sandmat Chamaesyce deltoidea var. serpyllum Pinelands Garber's spurge; Garber's sandmat Chamaesyce garberi Pinelands, hammocks, sand dunes Gumbo Limbo Bursera simaruba Hardwood Hammock Indigo Berry Randia aculeata Hardwood Hammock Jamaican Dogwood Piscidia piscipula Hardwood Hammock Keys hairy-podded spurge Chamaesyce porteriana var. keyensis Pinelands, sand dunes Lancewood Ocotea coriacea Hardwood Hammock Limber Caper Capparis flexuosa Hardwood Hammock Locustberry Brysonima cuneata Hardwood Hammock Long Stalked Stopper Psidium longipes Hardwood Hammock Mahogany Swietenia mahogoni Hardwood Hammock Maidenbush Savia bahamensis Hardwood Hammock Marlberry Ardisia escallanioides Hardwood Hammock Milkbark Drypetes diversifolia Hardwood Hammock Myrsine Myrsine floridana Hardwood Hammock Pigeon Plum Coccoloba diversifolia Hardwood Hammock Poisonwood Metopium toxiferum Hardwood Hammock Porter's spurge Chamaesyce porteriana var. scoparia Pinelands Saffron Plum Sideroxylon celastrinum Hardwood Hammock Sand croton Croton arenicola Pinelands, sand dunes Sand flax Linum arenicola Pinelands Silky bluestem Schizachyrium sericatum Pinelands Silver dwarf morning-glory Evolvulus sericeus var. averyi Pinelands Small-leaf squarestem Melanthera parvifolia Pinelands Snowberry Chiococca alba Hardwood Hammock Spanish Stopper Eugenia foetida Hardwood Hammock Spicewood Calyptranthes pallens Hardwood Hammock Tallowwood Ximenia americana Hardwood Hammock Tenlobe false foxglove Gerardia keyensis (Agalinis) Pinelands Torchwood Amyris elemifera Hardwood Hammock White Stopper Eugenia axillaris Hardwood Hammock Wild Cinnamon Canella winterana Hardwood Hammock Wild Coffee Psychotria nervosa Hardwood Hammock Wild Dilly Manilkara jaimiqui sub. emarginata Hardwood Hammock Wild Lantana Lantana involucrata Hardwood Hammock Wild Lime Zanthoxylum fagara Hardwood Hammock Wild Tamarind Lysiloma latisiliquum Hardwood Hammock Willow Bustic Bumelia salicifolia Hardwood Hammock Natural Drainage Features means the naturally occurring features of an area which accommodate the flow of stormwater, e.g., streams, rivers, lakes, and wetlands.
Natural Resources means the air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches, shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other environmental resources.
Nesting Areas (for birds) means those areas that birds use for nesting. This applies to wading birds, hawks, falcons, seabirds, shorebirds, and any bird species federally or state-listed as endangered, threatened, or a species of special concern. This definition does not apply to non-native invasive or nuisance species.
Nonconforming Structure, as used in the Comprehensive Plan and LDC, means a structure which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC.
Nonconforming Structure, Lawful , as used in the Comprehensive Plan and LDC, means a structure which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that rendered the structure nonconforming.
Nonconforming Use means a use which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC.
Nonconforming Use, Lawful means a use which does not conform to a current provision or regulation provided in the Comprehensive Plan and/or LDC, but was permitted, or otherwise in existence lawfully, prior to the effective date of the ordinance adopting the current provision or regulation that rendered the use nonconforming.
NROGO Subarea means the division of the unincorporated area of the county, outside of the county mainland, for the Permit Allocation and Point System, as follows:
(1)
Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the Village of Islamorada (approximately mile marker 90).
(2)
Lower Keys: the unincorporated area of the county from the corporate limits of the Village of Islamorada (approximately mile marker 72) south to the corporate limits of the City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4), excluding Big Pine Key and No Name Key.
(3)
Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key.
O
Objective means a specific, measurable, intermediate end that is achievable and marks progress toward a goal.
Open Space means (in relation to recreation) undeveloped lands that are suitable for passive recreation, landscape, preservation, or conservation uses.
Open Space means (in relation to open space ratio calculations) that portion of any parcel or area of land or water that is required to be maintained such that the area within its boundaries is open and unobstructed from the ground to the sky. (This definition is not intended to exclude vegetation).
P
Palm hammock means a low hammock where one out of every five of the dominant canopy plants is a native palm characterized by the state thatch palm, Thrinax radiata.
Paratransit means a form of public transportation characterized by the flexible routing and scheduling of small vehicles (taxis, vans, or small buses) to provide shared occupancy, doorstep, or curbside personalized transportation service.
Park means an active or passive recreational facility operated for the benefit of the general public by a public or quasi-public agency.
Passive Recreation means non-motorized recreational activities that have a low impact on natural resources such as hiking, photography, or nature studies, and if specifically designated, bicycling, picnicking, or fishing.
Plat means an official subdivision approved by the Board of County Commissioners.
Policy means the way in which programs and activities are conducted to achieve an identified goal.
Port means a place alongside navigable water with facilities for the loading and unloading of vessels and cargo.
Principal Use means the primary land use established on a parcel.
Public Facilities means major capital improvements, including transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational facilities.
Public Interest means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action.
Public Navigation Channel means a channel that was constructed or is maintained by a public entity, such as a federal or State agency, Monroe County or other local government for the purpose of transporting people or goods for commerce, recreation or other purposes.
Public Water Access means public access to the waterfront, including but not limited to beaches, shorelines, marinas, boat ramps or other water-oriented facilities. Access may be pedestrian or by bicycle, vehicle or vessel. Public water access may also mean access to the upland from the water.
Public Recreation Site means a site owned or leased by a federal, state, regional, or County agency for purposes of recreational use by the public.
R
Reclamation means the filling, backfilling, restructuring, reshaping, and/or revegetation within and around a land excavation or filling area to a safe and aesthetic condition.
Recreational and Commercial Working Waterfront means a parcel or parcels of real property that provide access for water-dependent commercial activities, including hotels and motels as defined in the Florida Statutes, or provide access for the public to the navigable waters of the state. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water-dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. As used in this definition, the term "vessel" has the same meaning as in the Florida Statutes. Seaports are excluded from the definition.
Recreation and Open Space Planning Area (ROSPA) means the four geographical planning areas within Monroe County established for the purposes of inventory of existing facilities, and calculation of Level of Service and needs for recreation and open space areas and facilities. The ROSPAs include the incorporated cities and their facilities which may service a population that extends beyond an individual city's boundaries, e.g., Monroe County School District schools serve populations beyond the city boundaries, as well as the unincorporated County as a whole. The four designated areas and their boundaries are:
1.
Mainland ROSPA (MROSPA): The MROSPA encompasses the south and southwest tip of Florida. Although the MROSPA is connected to the Keys portion of the County by roads, these roads actually travel through Dade County, Florida.
2.
Upper Keys ROSPA (UKROSPA): The northernmost limit of the UKROSPA is MM 112 which is the southern limit of Dade County. The UKROSPA continues southeast and then south to MM 73 and includes a portion of the Keys on Key Largo along SR 905 to Ocean Reef. The UKROSPA contains the incorporated city of the Village of Islamorada.
3.
Middle Keys ROSPA (MKROSPA): The MKROSPA extends west-southwest from MM 73 to MM 38.5 which is the south end of the Seven Mile Bridge. The MKROSPA contains the incorporated cities of Layton, Key Colony Beach and Marathon.
4.
Lower Keys ROSPA (LKROSPA): The LKROSPA extends west from MM 38.5 to MM 0 and includes the non-land linked Keys of the Dry Tortugas, the Sand Keys, and the Marquesas Keys. Key West, the County seat and the largest city, is included in the LKROSPA.
Recycling is minimizing waste generation by recovering and reprocessing usable products that might otherwise become waste (i.e., recycling of aluminum cans, paper and bottles, etc.).
Redevelopment means the rehabilitation, improvement, and/or demolition and replacement of existing development on a site.
Resident (Permanent) Population means inhabitants counted in the same manner utilized by the United States Bureau of the Census, in the category of total population. Resident population does not include seasonal population.
Resilience (in relation to climate change) means the capability to anticipate, prepare for, respond to, and recover from significant multi-hazard threats with minimum damage to social well-being, the economy and the environment.
Resource-Based Recreation means recreational activities that typically are dependent on natural resources and the natural outdoor environment. These activities have little, if any, adverse impact on a site and are compatible with natural and/or cultural resource protection.
Retention means the storage of a specific volume of stormwater runoff within a defined area having no direct discharge into receiving waters; included as examples are systems which discharge through percolation, filtered bleed-down and evaporation processes.
Reuse (in relation to resource extraction sites) means the planned activity or activities that are intended for the land excavation or filling area and/or abutting land after the excavation or filling ceases and reclamation is completed.
Right-of-Way means land acquired and owned by the state, a county, a municipality, or utility and reserved, dedicated, or required for public use.
Rip-Rap means a permanent erosion-resistant ground cover consisting of loosely placed pieces of natural stone or clean concrete rubble six (6) inches to three (3) feet in diameter (average dimensions), which is free of attached sediments or reinforcing rods or other similar protrusions.
ROGO Subarea means the division of the unincorporated area of the county, outside of the county mainland, for the residential Permit Allocation and Point System, as follows:
(1)
Upper Keys: the unincorporated area of the county north of Tavernier Creek and corporate limits of the Village of Islamorada (approximately mile marker 90).
(2)
Lower Keys: the unincorporated area of the county from the corporate limits of the Village of Islamorada (approximately mile marker 72) south to the corporate limits of the City of Key West at Cow Key Bridge on U.S. Highway 1 (approximately mile marker 4), excluding Big Pine Key and No Name Key.
(3)
Big Pine Key and No Name Key: the islands of Big Pine Key and No Name Key within unincorporated the county.
Room, Hotel or Motel, means a unit consisting of a room or rooms in a public lodging establishment as defined by Florida Statutes, intended for transient lodging only for periods not exceeding 30 days. Transient occupancy shall conform to the definition contained in Florida Statutes. For the purposes of density restriction:
(1)
Hotel or motel unit may be a single bedroom and 1½ bathrooms or a hotel/motel unit may be a suite which may include a kitchenette but no more than 1½ bathrooms and one bedroom and one other living area.
(2)
Suites containing more than one bedroom and 1½ baths may be constructed; however, each bedroom/full bath combination shall be considered a hotel/motel unit.
(3)
All entrances to a hotel or motel unit shall share the same key or means of controlling access so that the hotel or motel unit as defined herein is not divisible into separately rentable units.
S
Salt Marsh and Buttonwood Wetlands means two plant associations that are sometimes collectively or individually referred to as the "transitional wetland zone." The salt marsh community is a wetland area subject to tidal influence, and the vegetation is dominated by nonwoody groundcovers and grasses. The vegetation may include, but is not limited to, the following nonwoody species:
Salt Marsh Community Species
Common Name Scientific Name Chestnut sedge Fimbristylis castanea Cordgrass Spartina spartinae Dropseed Sporobolus virginicus Glasswort Salicornia spp. Key grass Monanthochloe Salt grass Distichlis spicata Saltwort Batis maritima Sea purslane Sesuvium portulacastrum Woody vegetation that may be present includes the three species of mangroves, as well as buttonwood (Conocarpus erectus); however, the salt marsh community is distinguished by the dominance of nonwoody plants, and the woody species have a coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare ground on which the vegetation may be limited to masts of periphyton.
The buttonwood wetland is a wetland that is usually present in the more landward zone of the transitional wetland area, and may intermix with more upland communities. The vegetation may include, but is not limited to, the following species:
Buttonwood Wetland Species
Common Name Scientific Name Black torch Erithalis fruticosa Buttonwood Conocarpus erectus Chestnut sedge Fimbristylis castanea Christmas berry Lycium Carolinianum Dropseed Sporobolus virginicus Joewood Jacquinia keyensis Mayten Maytenus phyllanthoides Saffron plum Bumelia celastrina Sea grape Coccoloba uvifera Sea oxeye daisy Borrichia spp. The buttonwood wetland is distinguished from the salt marsh wetland by the dominance of buttonwood trees, usually occurring as an open stand that permits the growth of an understory of groundcovers and shrubs. The buttonwood wetland is, in turn, distinguished from more upland communities by the presence of graminoids and halophytic groundcovers under its open canopy, and generally by the lack of an appreciable layer of humus and leaf litter. As referenced throughout these regulations, "salt marsh and buttonwood" habitat refers collectively and individually to "salt marsh" and "buttonwood" habitats for the purpose of determining regulatory requirements.
Scarified Land means an area that is cleared of native vegetation, or topographically modified such that the land is not currently in a successional sequence leading to the establishment of the vegetative communities that were cleared or disturbed.
Seasonal Population means the part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Seasonal population includes longer-term visitors who reside during their stay in owner-occupied or leased/rented accommodations.
Shore or Shoreline means the interface of land and water and, as used in the coastal management and conservation element requirements, is limited to oceanic and estuarine interfaces.
Shoreline Stabilization Strategy means an approach to shore erosion control practices using hardened structures such as bulkheads, rip rap or seawalls or using restoration practices such as plantings to stabilize, protect and enhance the built and natural environments from erosion and sea level rise impacts.
State Land Planning Agency means the Florida Department of Economic Opportunity (DEO), formerly the Department of Community Affairs.
Stormwater means the flow of water which results from a rainfall event.
Stormwater Facilities means manmade structures that are part of a stormwater management system designed to collect, convey, hold, divert, or discharge stormwater, and may include stormwater sewers, canals, detention facilities and retention facilities.
Structure mean anything constructed, installed or portable, the use of which requires a location on a parcel of land. It includes a movable building that can be used for housing, business, commercial, agricultural or office purposes, either temporarily or permanently. The term also includes but is not limited to, buildings, roads, walkways of impervious materials, paths, fences, swimming pools, sport courts, poles, utility lines, signs, cisterns, sewage treatment plants, sheds, docks, and other accessory construction.
Subdivision (or Subdivide) means the division of land into three or more lots, parcels, tracts, tiers, blocks, sites, units, or any other division of land.
Submerged Land means the area situated below the mean high water line of a standing body of water, including ocean, estuary, lake, pond, river or stream. For the purpose of this definition, drainage detention areas created as a function of development that are recorded on an approved final site plan or other authorized development order action of the County, and wetlands landward of the mean, shall not be considered submerged land.
Sustainable Building Rating or National Model Green Building Code means a rating system established by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) rating system, the International Green Construction Code (IGCC), the Green Building Initiative's Green Globes rating system, the Florida Green Building Coalition standards, or a nationally recognized, high-performance green building rating system as approved by the department.
T
Temporary Housing, Emergency or Non-Emergency, means recreational vehicles (or similar approved sheltering units) used for temporary occupancy.
Threatened and Endangered Species means plant or animal species listed as such under the provisions of the Endangered Species Act, and/or Florida Statutes, and the Florida Endangered and Threatened Special Act.
Tourist means those part-time inhabitants who utilize, or may be expected to utilize, public facilities or services, but are not residents. Tourist population includes short-term visitors who reside during their stay in transient accommodations.
Transient Unit means a dwelling unit used for transient occupancy such as a hotel or motel room, seasonal residential unit, or space for parking a recreational vehicle or travel trailer.
Transit means transportation services available to the public on a regular basis by bus, rail, or other vehicle, and usually on a fare-paying basis. Transit may be provided by either public, private or non-profit entities.
Transit Facility means the property, equipment, and improvements of whatever nature owned, used, constructed, maintained, controlled, or operated to provide mass transportation for passengers or to provide for the movement of people, including park-and-ride lots, transfer stations, bus stops, shelters, benches, signs, structures, and other improvements.
Transportation Disadvantaged means those persons who because of physical or mental disability, income status, or age are unable to transport themselves or to purchase transportation and are, therefore, dependent upon others to obtain access to health care, employment, education, shopping, social activities, or other life-sustaining activities.
Tropical Hardwood Hammock means an upland hardwood forest community consisting of broad-leafed trees, shrubs, and vines, nearly all of which are native to the West Indies. Characteristic tropical plants include strangler fig, gumbo-limbo, mastic, bustic, lancewood, ironwoods, poisonwood, pigeon plum, Jamaica dogwood, and Bahama lysiloma.
U
Undeveloped Area means an area upon which the land remains in its natural state.
Upland means the area of a site landward of mean high water, excluding submerged lands and tidally inundated mangroves.
Upland Native Vegetation/Habitat (see Native Upland Vegetation/Habitat )
Useful Life means the period during which an asset or property is expected to be usable for the purpose it was acquired. It may or may not correspond with the item's actual physical life or economic life.
Utility means facilities such television cable, telephone exchanges, electric generation plants, stormwater collection systems, high power transmission lines and substations, gas distribution lines and sewage treatment collections systems and disposal plants.
V
Vessel means every description of watercraft, barge, seaplane and airboat, used or capable of being used as a means of transportation on water.
Vulnerability to Climate Change means the exposure, sensitivity, and adaptive capacity of systems to climate change.
W
Wastewater Treatment Collection System means the use of land and its above ground installed appurtenances related to the collection and transmission of wastewater to a treatment facility located on another lot or parcel.
Wastewater Treatment Facility means the use of land and its appurtenances for the treatment of wastewater collected predominately from other lots or parcels.
Water-Dependent Use means a use that must physically be located in, on, over, or adjacent to water in order to conduct its primary purpose and which, therefore, cannot be located inland. (for example, marinas, docks, wharfs, lifts, boat ramps, boat hauling, repair, and construction facilities, commercial fishing facilities, and other support structures on, over, or adjacent to navigable bodies of water)
Water-Enhanced Use means a use that is not water-dependent or water-related uses but benefits economically or aesthetically by its location adjacent to or on the waterfront. The term includes dock side bars, restaurants, hotels, motels, and residential uses.
Water-Related Use means an activity not dependent on direct access to water in order to conduct its primary purpose, but which provides goods or services directly related to water-dependent uses. (for example, marine supplies, boat dealers, boat maintenance and repair)
Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce, or persist in aquatic environments or anaerobic soil conditions. (Florida Keys wetlands include freshwater marsh, salt marsh, buttonwood, salt ponds, freshwater lenses, mangroves, and some areas of tropical hardwood hammocks and pinelands).
Wetland Boundary means the landward extent of wetlands dominated by plant species, soils and other hydrologic evidence indicative of regular and periodic inundation or saturation.