Information unique to buying a home in the Florida Keys”
As you may be aware, the environment that makes the Keys so attractive to thousands of people is a fragile environment the requires considerable attention to protect its health and beauty. This fact has created a requirement for close management of all activities that have or might have negative impact on the environment now or in the foreseeable future. The result is a number of “unique to the Keys” regulations and procedures concerning property ownership. They are provided for information purposes of broaden your understanding of what
is invalided when purchasing property in the Keys.
The buyer must determine the insurability of the property against flood damage by seeking the advice of a qualified insurance agent. Structures built before January 1, 1975 (pre-firm) are subject to rules governing substantial and non-substantial improvements to pre-firm structures which may
limit the reconstruction, rehabilitation or addition
to the pre-firm structure. Structures built after January 1, 1975 that has enclosures below the Base Flood Elevation (BFE) are typically not habitable. The existence of habitable space below the BFE may require demolition or an increase in insurance premium. Buyers should contact the Monroe County Federal Emergency Management Coordinator or the City of Key West, City of Key Colony Beach, City of Layton, City of Islamorada and City of Marathon to ascertain how these rules may impact on the
property of interest.
Coastal Barrier Resources
System Act (CBRS):
Certain properties in Monroe County may be affected by the Federal Coastal Barrier Resources System Act or proposed amendments. For information contact the United States Department of the Interior, the Monroe County Planning Department or your legal representative. Property so designated is not eligible for federally subsidized flood insurance as well as other benefits.
Land Use Disclosure:
Due to the unpredictable and constantly changing status of the municipal, county and state regulations for property developments in Monroe County each buyer should contact the appropriate local government department(s) to determine how the subject property may be affected by the Comprehensive Plan and the action necessary to ensure compliance with the plan. Additionally, a property may be affected by restrictive covenants in the form of deed restrictions, Homeowners Association Rules & Restrictions, etc. Every Buyer needs to inquire about them. They also should inquire into state and local governmental zoning and land use regulations and restrictive covenants to determine whether the subject property is in compliance with all state and local government laws, codes and ordinances, and restrictive covenants.
Monroe County Growth Management Division, 305-289-2500
Key Colony Beach Building & Zoning, 305-289-0247
City of Key West, 305-295-1000
City of Layton, 305-664-4667
City of Islamorada 305-664-2345
City of Marathon, 305-289-2501
Monroe County Year 2010 Comprehensive Plan:
The use of the property may be affected by the Land Use Plan, enacted September 15, 1986, revised 1/96 with subsequent revisions due every five (5) years hence or the availability of utilities and sewage disposal now or in the future. The transient rental of single-family residences in I.S. districts has been questioned by Monroe County and regulation by Local or State government may restrict such rentals in certain areas. Properly functioning septic tanks are the minimum permissible on site sewage disposal systems (OSDS). An allocation ordinance exists which limits the number of building permits issued for residential dwelling units. Prior to signing a contract, seek legal counsel or consult with the Monroe County Planning and Zoning Departments. Monroe County is an area of State Critical Concern that heightens the degree of regulation by the State of Florida.
City of Key West Land Use:
The City of Key West has debated the definition of vacation rentals and implementation of legislation to regulate, license, permit or prohibits within the City limits of Key West. If a Buyer is considering renting their property they should discuss the status of this issue with the Key West Planning Dept. to understand its impacts on the Buyer’s proposed use of the property.
Structures and uses that do not conform to uses provided for in the land use category that the property or use is located in are considered non-conforming. Such uses and structures are currently allowed to continue but they are not allowed to be expanded, enlarged or continued if substantially destroyed (more than 50% of the value of the structure). Zoning together with the uses provided there under which do not conform to the future Land Use Designations are considered non-conforming. Furthermore, non-conformities are jeopardized if abandoned. Buyers should to seek legal counsel or consult with the Monroe County Planning and Zoning Department to determine whether a property is non-conforming today or may be in the future.