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Monroe County |
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Land Development Code |
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Chapter 130. LAND USE DISTRICTS |
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Article III. PERMITTED AND CONDITIONAL USES |
§ 130-79. Commercial Fishing Special District (CFSD).
The following uses are permitted in the Commercial Fishing Special Districts:
(a)
CFSD 1 (located on Big Pine).
(1)
The following uses are permitted as of right in Commercial Fishing Special District 1, subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp:
a.
Commercial fishing;
b.
Detached dwellings;
c.
Accessory uses;
d.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
f.
Home occupations—Special use permit required; commercial fishing does not require a special use permit; and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 1, subject to a limitation on traffic access so as not to interfere with U.S. 1 at the bridge ramp, and subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the total floor area of residential uses in Commercial Fishing Special District 1 does not exceed 25 percent of the land area in Commercial Fishing Special District 1;
b.
Commercial retail and restaurant uses of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry;
c.
Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry; and
d.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 1, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the planning director.
(b)
CFSD 2 (located on No Name Key).
(1)
The following uses are permitted as of right in Commercial Fishing Special District 2:
a.
Commercial fishing;
b.
Detached dwellings;
c.
Accessory uses;
d.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
f.
Home occupations—Special use permit required; commercial fishing does not require a special use permit; and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 2, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the structures are separated from existing detached dwellings by 100 feet or a class D bufferyard; and
b.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 2, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the planning director.
(c)
CFSD 4 (located on Long Key).
(1)
The following uses are permitted as of right in Commercial Fishing Special District 4:
a.
Commercial fishing;
b.
Accessory uses;
c.
Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
d.
Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
e.
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
f.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 4, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
b.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 4, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
New antenna-supporting structures, pursuant to section 146-5(a); and
b.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(d)
CFSD 5 (located on Key Largo).
(1)
The following uses are permitted as of right in Commercial Fishing Special District 5:
a.
Commercial fishing;
b.
Commercial retail, limited to fish houses;
c.
Detached dwellings;
d.
Accessory uses;
e.
Institutional uses;
f.
Institutional residential uses, involving less than ten dwelling units or rooms;
g.
Public buildings and uses;
h.
Attached dwellings of less than six units, designated as employee housing as provided for in section 139-1;
i.
Commercial apartments involving less than six dwelling units;
j.
Light industrial uses, limited to marine repair services, including engine and fishing gear repair, provided that such uses are intended only to serve the needs of the commercial fishing industry;
k.
Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
l.
Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
m.
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
n.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
o.
Home occupations—special use permit required; commercial fishing does not require a special use permit; and
p.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 5, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Institutional residential uses involving ten to 20 dwelling units or rooms;
b.
Commercial apartments involving six to 18 dwelling units, provided that:
1.
The hours of operation of the commercial uses are compatible with residential uses;
2.
Tourist housing uses, including vacation rental uses, of commercial apartments are prohibited;
c.
Parks;
d.
Attached and detached dwellings involving six to 18 units, designated as employee housing as provided for in section 139-1;
e.
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
f.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 5 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Marinas, provided that:
1.
The parcel proposed for development has continuous access to water of depths of at least four feet below mean sea level at mean low tide.
2.
The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products.
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pump-out facility is available on-site, and where the waste is treated in a permitted sewage treatment facility.
4.
All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height.
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet.
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps.
9.
If marina slips are leased on any basis longer than month-to-month, the marina shall lease at least 20 percent of its docking slips on a month-to-month basis, and commercial fishing boats shall be given priority for those slips.
10.
Each marina owner or operator, shall maintain a waiting list for commercial fishing boats and give them first priority at the end of each one-month leasing period.
11.
The following message shall be posted on one two-foot by four-foot sign, on the seaward end of the most visible pier or mooring, and on the landward end of each pier, at each marina:
FISHING BOATS If you have problems finding dockage or if you have questions, contact: Name Phone No. _____ _____ b.
Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per shop, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry;
c.
New antenna-supporting structures, pursuant to section 146-5(a); and
d.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(e)
CFSD 6 (located on Boca Chica):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 6:
a.
Commercial fishing;
b.
Accessory uses;
c.
Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
d.
Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
e.
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
f.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 6 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Commercial retail, low- and medium-intensity uses, provided that the goods and services are related to or supportive of the commercial fishing industry;
b.
Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry;
c.
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
d.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 6 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Marinas and boat chartering, provided that:
1.
The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;
2.
The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products;
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site, and where the waste is treated in a permitted sewage treatment facility;
4.
All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height;
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps;
b.
Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per shop, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry;
c.
New antenna-supporting structures, pursuant to section 146-5(a); and
d.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in Chapter 114, Article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(f)
CFSD 7 (located on Boca Chica):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 7:
a.
Light and heavy industrial uses, limited to boat building, repair and storage and other maritime-oriented industrial uses;
b.
Maritime-oriented commercial retail, office, or restaurant uses, or any combination thereof, of less than 5,000 square feet of floor area;
c.
Commercial fishing;
d.
Institutional uses;
e.
Public buildings and uses;
f.
Accessory uses;
g.
Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
h.
Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
i.
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
j.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); and
k.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 7 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Maritime-oriented commercial retail, office, restaurant uses, or any combination thereof, of greater than 5,000 but less than 20,000 square feet of floor area;
b.
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e);
c.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f); and
d.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet.
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 7 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Heliports, provided that:
1.
The landing and departure approaches do not pass over established residential uses or known bird rookeries; and
2.
The use is fenced or otherwise secured from entry by unauthorized persons;
b.
New antenna-supporting structures, pursuant to section 146-5(a);
c.
Marinas and boat chartering, provided that:
1.
The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;
2.
The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products;
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site, and where the waste is treated in a permitted sewage treatment facility;
4.
All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height;
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps.
d.
Restaurants, dive shops, and other commercial uses of less than 1,600 square feet per shop, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry.
e.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(g)
CFSD 8 (located on Big Pine):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 8:
a.
Commercial fishing, provided a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district;
b.
Detached dwellings;
c.
Accessory uses;
d.
Home occupations - special use permit required; commercial fishing does not require a special use permit;
e.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
f.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 8 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the total floor area of residential uses in CFSD 8 does not exceed 25 percent of the land area in CFSD 8;
b.
Commercial retail and restaurant uses, of low- and medium-intensity, provided that the goods and services are related to or supportive of the commercial fishing industry, and provided a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district;
c.
Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry, and a class C bufferyard is provided along the boundary of CFSD 8 with any residential land use district; and
d.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 8 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Marinas and boat chartering, provided that:
1.
The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;
2.
The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products;
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site, and where the waste is treated in a permitted sewage treatment facility;
4.
All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height;
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps.
b.
Restaurants, dive shops, and other commercial uses under 1,600 square feet per shop, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry.
c.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(h)
CFSD 12 (located on Big Pine):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 12:
a.
Commercial fishing, provided the use does not involve a vessel that draws more than six feet of water;
b.
Detached dwellings;
c.
Accessory uses;
d.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
f.
Home occupations special use permit required; commercial fishing does not require a special use permit; and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 12 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the structures are separated from existing detached dwellings by 100 feet or a class D bufferyard; and
b.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 12, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(i)
CFSD 13 (located on Summerland Key):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 13:
a.
Commercial fishing, provided the use does not involve a vessel that draws more than six feet of water;
b.
Detached dwellings;
c.
Accessory uses;
d.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
e.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
f.
Home occupations - special use permit required; commercial fishing does not require a special use permit; and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 13 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the total floor area of residential uses in CFSD 13 does not exceed 25 percent of the land area in CFSD 13;
b.
Commercial retail and restaurant uses, of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry and the use does not involve a vessel that draws more than six feet of water;
c.
Light industrial uses, including marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry, provided the use does not involve a vessel that draws more than six feet of water;
d.
Mobile homes; and
e.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 13 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Marinas and boat chartering, provided that:
1.
The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;
2.
The sale of goods and services is limited to fuel, food, boating, diving, and sport fishing products;
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site, and where the waste is treated in a permitted sewage treatment facility;
4.
All outside storage areas are screened from adjacent resident uses by a solid fence, wall or hedge at least six feet in height;
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps.
b.
Restaurants, dive shops, and other commercial uses under 1,600 square feet per shop, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps. Such uses shall be considered subordinate to the existing principal commercial fishing use, and shall only be allowed so long as the principal fishing use remains and is integrated into the design of the development and would reinforce the commercial fishing industry.
c.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in Chapter 114, Article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(j)
CFSD 16 (located on Conch Key):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 16:
a.
Commercial fishing;
b.
Accessory uses;
c.
Mobile homes;
d.
Detached dwellings;
e.
Vacation rental use if a special vacation rental permit is obtained in accordance with section 134-1.
f.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
g.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
h.
Home occupations - special use permit required; commercial fishing does not require a special use permit; and
i.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 16 subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Attached dwellings, provided that the total floor area of residential uses in CFSD 16 does not exceed 25 percent of the land area in CFSD 16.
b.
Commercial retail and restaurant uses, of low and medium intensity, provided that the goods and services are related to or supportive of the commercial fishing industry.
c.
Light industrial uses, marine repair services, provided that such uses are intended only to serve the needs of the commercial fishing industry.
d.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 16, subject to the standards and procedures set forth in chapter 110, article III:
a.
Marinas and boat chartering, provided that:
1.
The parcel proposed for development has access to water at least four feet below mean sea level at mean low tide;
2.
The sale of goods and services is limited to fuel, food, boating, diving and sport fishing products;
3.
Vessels docked or stored shall not be used for live-aboard purposes, except when a permitted sewage pumpout facility is available on-site and where the waste is treated in a permitted sewage treatment facility;
4.
All outside storage areas are screened from adjacent residential uses by a solid fence, wall or hedge at least six feet in height;
5.
Each nonwaterside perimeter setback of the parcel proposed for development must have a class C bufferyard within a side yard setback of ten feet;
6.
There is no displacement of existing commercial fishing dockage or area;
7.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
8.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as trap storage and manufacture of traps.
b.
Restaurants, dive shops, and other commercial uses of less than 1,600 square feet of floor area, provided that:
1.
There is no displacement of existing commercial fishing dockage or area;
2.
No less than 50 percent of the dock area shall be devoted exclusively to commercial fishing; and
3.
No less than 50 percent of the district land area shall be used for other commercial fishing activities, such as the storage and manufacture of traps;
c.
New antenna-supporting structures, pursuant to section 146-5(a); and
d.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(4)
In order to provide for the special needs of the commercial fishing industry, while ensuring general compliance with plan requirements and maintaining good environmental quality and community character, CFSD 16 is given the following special considerations:
a.
CFSD 16, under minor conditional use, may vary the requirements of the district;
b.
Temporary uses specifically involving trap construction, maintenance and repair are hereby exempted from maximum FAR and minimum open space requirements;
c.
Sanitary toilet facilities may be provided by using approved portable units;
d.
Non-shoreline and shoreline setbacks may be varied by the Planning Director upon a written recommendation by the County Biologist that stormwater runoff can be appropriately controlled due to the provisions of new gutters, berms or similar devices;
e.
The vegetated bufferyard requirements may be varied to include fences or natural vegetation except when abutting residential districts;
f.
Lighting requirements may be reduced or waived where the Planning Director and County Biologist agree that light intrusion, either to adjoining properties or waterfront areas, will have no adverse effect on community character or habitat; and
g.
Except for commercial retail and wholesale operations, parking requirements may be met by the provision of one parking or loading space for each individual lot of 6,000 square feet or less. Larger lots or parcels shall proportionately meet this same requirement.
(k)
CFSD 17 (located on Old Boca Chica Road):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 17:
a.
Commercial fishing, provided the use does not involve a vessel that draws more than two feet of water and the vessels are restricted to outboard engines only;
b.
Replacement of an existing antenna-supporting structure pursuant to section 146-5(b);
c.
Collocations on existing antenna-supporting structures, pursuant to section 146-5(c);
d.
Attached wireless communications facilities, as accessory uses, pursuant to section 146-5(d);
e.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f);
f.
Home occupations - special use permit required; commercial fishing does not require a special use permit; and
g.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 17, subject to the standards and procedures set forth in chapter 110, article III:
a.
Detached residential dwellings, provided that the total floor area of residential uses in CFSD 17 does not exceed 25 percent of the land area in CFSD 17;
b.
Stealth wireless communications facilities, as accessory uses, pursuant to section 146-5(e); and
c.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f);
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 17, subject to the standards and procedures set forth in chapter 110, article III:
a.
New antenna-supporting structures, pursuant to section 146-5(a); and
b.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
(l)
CFSD 20 (located on Little Torch Key):
(1)
The following uses are permitted as of right in Commercial Fishing Special District 20:
a.
Commercial fishing, provided the use does not involve a vessel that draws more than three (3) feet of water;
b.
Commercial retail uses, limited to wholesale sales of catch;
c.
Detached dwellings;
d.
Replacement of mobile homes existing as of July 18, 1995 (adoption of Ordinance 026-1995);
e.
Accessory uses;
f.
Replacement of docks in existence as of July 18, 1995 (adoption of Ordinance 026-1995);
g.
Home occupations - special use permit required; commercial fishing does not require a special use permit;
h.
Collocations on existing antenna supporting structures, pursuant to section 146-5(c);
i.
Satellite earth stations less than two meters in diameter, as accessory uses, pursuant to section 146-5(f); and
j.
Wastewater nutrient reduction cluster systems that serve less than ten residences.
(2)
The following uses are permitted as minor conditional uses in Commercial Fishing Special District 20, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Satellite earth stations greater than or equal to two meters in diameter, as accessory uses, pursuant to section 146-5(f).
(3)
The following uses are permitted as major conditional uses in Commercial Fishing Special District 20, subject to the standards and procedures set forth in Chapter 110, Article III:
a.
Wastewater treatment facilities and wastewater treatment collection systems serving uses located in any land use district provided that:
1.
The wastewater treatment facility and wastewater treatment collection systems are in compliance with all federal, state, and local requirements;
2.
The wastewater treatment facility, wastewater treatment collection systems and accessory uses shall be screened by structures designed to be architecturally consistent with the character of the surrounding community and shall minimize the impact of any outdoor storage, temporary or permanent; and
3.
In addition to any district boundary buffers set forth in chapter 114, article V, a planting bed, eight feet in width, to be measured perpendicular to the exterior of the screening structure shall be established with the following:
i.
One native canopy tree for every 25 linear feet of screening structure; and one understory tree for every ten linear feet of screening structure;
ii.
The required trees shall be evenly distributed throughout the planting bed;
iii.
The planting bed shall be installed as set forth in chapter 114, article IV; and
iv.
A solid fence may be required upon determination by the Planning Director.
( Ord. No. 006-2016 , § 1(Exh. 1), 4-13-2016)