Development Subjected to BPAS

Types of Development Subjected to Building Permit Allocation System (BPAS)

BPAS applies to the development of all new permanent and transient residential units in Key West that will be allocated as provided for in Chapter 108, Article X of the Land Development Regulations (LDRs) of the Code of Ordinances of the City of Key West, Florida. All property owners must comply with other applicable sections of the City’s LDRs for development.

Permanent housing types include (but are not limited to):

  • Accessory units
  • Affordable
  • Assisted living facilities
  • Compact infill bonus density
  • Convalescent homes
  • Group homes
  • Market-rate
  • Multifamily
  • Nursing homes
  • Rest homes
  • Single-family
  • A single-room occupancy (SROs)
  • Transitional housing

Types of Development Not Subjected to BPAS

The following are not subjected to BPAS rules:

  • The holder of an unexpired vested rights order approved by the City
  • Public/governmental uses, facilities, and services as defined in City Code Section 86-9 are exempt from the BPAS
  • Redevelopment or rehabilitation which replaces but which does not increase the number of dwelling units above that existing on the site prior to redevelopment or rehabilitation
  • Units determined to have been in existence at the time the April 1, 2010 Census was prepared are presumed not to be affected by the BPAS. See Lawful Unit Determinations (LUDs) for more information

Resident Dwellings

Any of the following does not result in a net addition to the number of residential dwelling unit stock use:

  • Activity
  • Building
  • Development
  • Fence
  • Project
  • Sign
  • Structure


View City Code Section 86-9 for additional types of residential construction determined to be affected and not affected by the BPAS, such as different types of attached and detached additions to existing dwelling units.