§ 106-9. Ohio Key Area of Critical County Concern.

(a)

Established. The Ohio Key area of critical county concern is hereby established for that portion of Ohio (Sunshine) Key that lies south of U.S. 1 described on Land Use District Map Number 10 of 21.

(b)

Purpose. The Ohio Key area of critical county concern is established for the purpose of reconciling the reasonable investment-backed expectations of the owners of Ohio Key with the habitat value and environmental sensitivity of the wetlands system on the Key that serves as a habitat for a variety of wading birds, including the Piping Plover, a species listed as threatened under the Federal Endangered Species Act.

(c)

Regulations.  

(1)

Notwithstanding any other provision of this chapter, the Ohio Key area of critical concern may be developed with 20 recreational vehicle parking spaces or campsites and a bathhouse designed to serve the 20 spaces, provided that:

a.

All development other than picnic tables, boardwalks and bird-watching blinds is restricted to the lands identified on the existing conditions map as 740.3;

b.

The recreational vehicle parking spaces or campsites are set back at least 100 feet from the dwarf mangrove area shown on the existing conditions map;

c.

The area that is developed for recreational vehicle parking spaces or campsites and a bathhouse is fenced so as to control access to the dwarf mangrove, disturbed beach and berm water areas within the Ohio Key area of critical county concern;

d.

No motorized vehicles of any kind or any bicycle, except for maintenance vehicles, shall have access to or shall be used in the Ohio Key area of critical county concern except for that portion of the area designated as 740.3 on the existing conditions map;

e.

Picnic tables are restricted to the areas designated as 740.3 or 740.4 on the existing conditions map;

f.

No pets shall be allowed in the Ohio Key area of critical county concern;

g.

The concrete refuse previously dumped on the land designated as 740.3 on the existing conditions map shall be removed or buried;

h.

No dumping or filling shall be allowed in the Ohio Key area of critical county concern except for filling necessary to carry out the development of the campsites and bathhouse permitted by this subsection and to bury the concrete refuse previously dumped on the land designated as 740.3 on the existing conditions map;

i.

All exotic invasive species of plant are removed from the land designated as 740.3 on the existing conditions map in the Ohio Key area of critical county concern;

j.

No insecticide is sprayed or fogged in the Ohio Key area of critical county concern; and

k.

All boardwalks or bird-watching blinds to be constructed in the land area designated as 620, 500 or 740.4 on the existing conditions map shall be reviewed and approved as a minor conditional use subject to the following standards:

1.

The boardwalk or bird-watching blind shall be located so that the flow of water within the Ohio Key area of critical county concern is not altered; and

2.

The boardwalk or bird-watching blind shall be located so as to not interrupt wading bird use of the lands designated as 612 and 500 on the existing conditions map.

(2)

Except as expressly provided for and modified by the Ohio Key area of critical county concern, all development in the area shall be subject to each and every provision of this chapter.

( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)