Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-37 - COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS FOR THE CITY OF KEY WEST AREA OF CRITICAL STATE CONCERN › Section 28-37.003 - Land Development Regulations

Current through Reg. 50, No. 138; July 16, 2024
The following ordinances of the City of Key West are adopted,
				  as amended herein, and are incorporated by reference as the land development
				  regulations for the City of Key West:
(1) "The City of Key West Community Impact
				Assessment Ordinance, " Sections 24-1/2-31 through 24-1/2-40 of the City of Key
				West Code of Ordinances, including ordinances 76-5, 84-2 and 84-43; with the
				following amendments:
(a) Add to Section
				24-1/2-34, under (b): "or, any residential development in which the gross
				residential density is 10 or more units per acre and the development requires
				rezoning, variance or special exception modifying the presently allowed
				density."
(b) Section 24-1/2-34
Insert new:
(d) Any
				development which occurs in or adjacent to wetland communities as defined by
				marshes and shallow areas which may periodically be inundated by tidal waters
				and which are normally characterized by the prevalence of salt and brackish
				water vegetation capable of growth and reproduction in saturated soil,
				including but not limited to batis (Batis maritma), black mangroves (Avicennia
				germinans), red mangroves (Rhizophora mangle) and white mangroves (Laguncularia
				racemosa), Cord grass (Spartina spp.), Buttonwood (Conocarpus erectus),
				glasswort (Salicornia spp.), Key Grass (Monathocloe littoris), sea daisy
				(Borrichla spp.), and sea purslane (Sesuvium portulascasstrum)."
(d) becomes (e)
(e) becomes (f)
(c) Section 24-1/2-35 (a), line 16.
Add after "required, " "If no building permit has been issued
				  within one calendar year from the date of approval of a development's CIAS, the
				  approval shall expire and a new CIAS must be approved before any building
				  permits can be issued."
(d)
				Section 24-1/2-37(a)(5)
After "site" add:
"shall provide for:
(1) Retention of runoff or discharge of such
				runoff into adequately sized natural vegetative filtration areas in a manner
				approximating the natural runoff regime.
(2) Permanent drainage systems which make
				maximum use of natural drainage patterns, vegetative retention and
				filtration."
(e) Section
				24-1/2-37.
(a) Maps
Add:
(9) A natural
				vegetation map if the site includes wetland
				communities.
(f) Section 24-1/2-37.
Delete (d)(1) and substitute:
(d) Natural Resources.
(1) Natural Vegetation: If wetland
				communities are found in or adjacent to the site, describe all proposed site
				alterations in these areas including dredging, filling, spoil sites, canals and
				channels. Identify measures which have been taken to protect conditions and
				characteristics which promote shoreline stabilization, storm surge abatement,
				water quality maintenance, wildlife and marine resource habitats, and marine
				productivity. Illustrate how any activity or structure that will impact wetland
				communities will be performed, located, constructed and maintained to prevent
				or mitigate any adverse impacts to wetland communities.
(g) Section 24-1/2-2-37(g).
Add (4) as follows:
(4) Describe hurricane evacuation
				considerations which acknowledge the current evacuation and emergency
				operations plans, how project residents will be informed about these plans, and
				any developer responsibilities identified in such plans.
(h) Section 24-1/2-37(h).
Add:
(10) Provide
				evidence that any necessary permit, lease or other permission from the Florida
				Department of Environmental Protection has been obtained for any activity that
				will impact wetland communities or submerged lands.
(i) Add Section 24-1/2-41 - Site Plan Review.
Beginning January 2, 1986, prior to the issuance of any
				  building permits, a site plan review approval shall be required of any project
				  of eight (8) or more habitable units or non-residential projects which result
				  in the creation or expansion of four thousand (4, 000) square feet or more of
				  building area. A non-refundable fee in the amount of $100.00 shall accompany
				  the application. An additional fee shall be determined in the manner provided
				  in Section 24-1/2-40. However, in those instances where both site plan review
				  and impact statement review are required, the maximum fee shall not exceed $6,
				  000.00.
Beginning July 1, 1986, prior to the issuance of any building
				  permits, a site plan review approval shall be required of any project of three
				  (3) or more habitable units, or non-residential projects which result in the
				  creation or expansion of 500 square feet or more of building area. A
				  non-refundable fee in the amount of $100.00 shall accompany the application. An
				  additional fee shall be determined in the manner provided in Section 24-1/2-40.
				  However, in those instances where both site plan review and impact statement
				  review is required, the maximum fee shall not exceed $6, 000.00.
If a proposed project is abandoned for a new project or is
				  substantially changed in the opinion of the zoning official, a new fee will be
				  charged for the project.
The purpose of the site plan procedure is to aid the
				  developer through approval of preliminary plans prior to development of
				  complete construction drawings. Approvals should be secured prior to the
				  construction document phase. The required site plan submission may be submitted
				  along with construction drawings at the time of building permit application.
				  However, a building permit will not be issued until site plan approval has been
				  granted.
Section 1. Consideration in
				reviewing Site Plan. The following will be considered, depending on the nature
				of the project, by the Zoning Official for site plan approval and by those
				departments, agencies and persons reviewing and evaluating site plans:
A. Compliance with all City policies,
				standards and zoning regulations.
B. The provision of adequate, safe vehicular
				and pedestrian circulation.
C. The
				provision of adequate open space and landscaping.
D. The provision of surface run-off and site
				drainage.
The retention of runoff or discharge shall be incorporated
				  into adequately sized natural vegetative filtration areas in a manner
				  approximating the natural runoff regime. Permanent drainage systems which make
				  maximum use of natural drainage patterns, vegetative retention and filtration
				  shall be required.
E.
				Consistency with the Key West Comprehensive Plan.
Section 2. Information Included in Site Plan.
				A site plan for the purposes of this Section shall include, but not necessarily
				be limited to the following requirements. All drawings must be drawn to scale.
				All projects requiring preparation by an architect or engineer shall be
				completed in accordance with Chapters 471 and 481, Florida Statutes, as
				amended, which establish standards for the qualifications, licensing, and
				registration of these professions and further prescribes a form of seal to be
				used by all valid registrants. Each site plan application shall be signed by
				the legal owner or authorized agent with power of attorney.
A. All Site Plan applications shall include,
				where applicable:
1. General Information.
a. Street address and complete legal
				description of the site.
b.
				Description of the project, including total lot area, total building area,
				building square footage by type, site coverage, square footage of paved areas
				and open areas, number of dwelling units, along with other pertinent
				information.
2. Drawings.
a. Map illustrating existing land uses within
				100 feet of the site.
b. Site Plan.
(I) Site boundaries including existing and
				proposed easements and rights-of-way.
(II) Location and use of all buildings and
				structures on the site, showing existing and proposed buildings.
(III) Location and character of all:
* Paved areas and parking areas, including walkways,
				  indicating wearing surface materials.
* Outside facilities for waste disposal, storage or display,
				  and related screening.
* Open space and landscaping, including the height of all
				  perimeter walls, fences, hedges, ornamental walls and other screening
				  devices.
* Curb cuts on the site.
c. Generalized floor plan indicating
				dimensions and square footage of each use of all building, building addition,
				or structure; and indicating new and existing construction.
d. Elevation drawings showing the sides,
				front and rear of the proposed building or building addition, indicating the
				exterior construction material and color, height between floors, first floor,
				elevation and roof height.
e.
				Additional drawings such as perspective, transverse section, etc. may be
				submitted to more accurately depict a project.
f. Location, character and orientation of
				signs and outdoor lighting.
g.
				Systems for controlling stormwater runoff.
B. Supplemental Requirements.
1. Those projects located on or along a
				shoreline shall include the following:
a. Any
				easements or rights-of-way providing public access to the shoreline.
b. The location and type of any existing or
				proposed bulkhead.
2. The
				Zoning Official may require that additional information be included in site
				plans, including but not limited to information concerning:
a. Protection of vegetation.
b. Shoreline protection.
c. Flood protection and elevations.
d. Consistency with the Key West
				Comprehensive Plan.
3.
				Identification of the size and nature of any recreation facilities being
				provided on the site.